The Board of County Commissioners of Brevard County, Florida, met in regular session on August 29, 2000, at 9:00 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 Greg Dufour from Patrick Air Force Base.

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of July 6 and 20, 2000 Budget Workshops; July 11, 2000 Regular Meeting; August 3, 2000 zoning Meeting; and August 10, 2000 Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: MANATEE PROTECTION PLAN

Commissioner Scarborough advised the Governor has asked the County to move forward with a manatee plan; he heard the County was being removed from the process of establishing boat speeds; and inquired if the Board will get a report on what happens next.

Chairman Higgs advised she asked staff to contact the Conservation Commission and Mr. Arnold to get their information on the issue and where it is moving; and recommended the information be available Thursday night for a brief discussion about how to proceed. She stated staff is proceeding to put in order a plan for Brevard County which may not deal with those issues, but if the Governor is looking for something, she wants to be cooperative in that effort and move forward with a plan.

REPORT, RE: WATER SUPPLY DURING DROUGHT CONDITIONS

Commissioner Scarborough advised the County is in a historical drought condition for this time of year; inquired if anyone extrapolated scenarios of what may or could occur, not just with fires but with water capacity from the County's water suppliers; and requested information on that issue. He stated normally there is more water in the lakes and ponds, but everything is low by every record; and inquired what could occur if the County does not get rains this Fall. County Manager Tom Jenkins advised staff will provide information on what could occur if there is no rainfall during the Fall and there is a draw down.

Commissioner O'Brien stated the Water Board determined that Brevard County does not have a water source problem now or in the near future; the City of Melbourne's plant produces eight million gallons of water per day, and has the capacity of 32 million gallons; and the well fields in North Brevard has some salt water intrusion, which floats on the top of the water, but it is still being recharged on a regular basis. He stated the wells in Osceola County have leases for the next 200 years; so Brevard County is in good shape. Commissioner Scarborough stated the City of Titusville's water supply in June ran into critical conditions where they required no car washing, watering of yards, etc.; normally this time of year the wells are recharging, but they are not; and he is concerned about what will happen if the County goes through a dry Fall.

REPORT, RE: BEACH RESTORATION PROJECT

Commissioner O'Brien advised beach restoration will begin in November, 2000; Virginia Barker deserves a lot of credit for her hard work, as well as a lot of other people; and he is pleased that after five years it will start in November even though some people were skeptical.

REPORT, RE: ELECTION RESULTS ON SPACE COAST GOVERNMENT TELEVISION

Commissioner Carlson advised the Board, in conjunction with the Supervisor of Elections Fred Galey, will broadcast live all the election results for Brevard County on September 5, 2000 beginning at 7:00 p.m. through September 6, 2000 at 10:00 a.m. on the Space Coast Government Television Channel viewed on Time Warner Cable Channel 1 or 99, and on Benchmark Cable Channel 51. She stated all programming will be preempted to provide this valuable public service.

Chairman Higgs requested everyone turn out to vote on Tuesday September 5, 2000, as there are important issues on the ballot.

Commissioner O'Brien advised the Sheriff's race could be won in the Primary next week if any one of the candidates get 50% plus one vote, so people should get out and vote because it could be settled in the Primary Election. Chairman Higgs stated that is also true of the School Board and Judges races.

REPORT, RE: FLORIDA COMMISSION OF VETERANS AFFAIRS APPOINTMENT

Chairman Higgs advised the Florida Commission of Veterans Affairs asked for a volunteer to be the point person for the Board; and inquired if anyone is interested.

Commissioner Voltz volunteered to represent the Board as the point person for the Florida Commission of Veterans Affairs.

RESOLUTION, RE: PROCLAIMING BREVARD COUNTY FIRE FIGHTERS APPRECIATION WEEK

Commissioner Voltz read aloud a resolution proclaiming August 27 through September 2, 2000, as Brevard County Fire Fighters Appreciation Week in Brevard County, and commending the fire fighters for their efforts on behalf of the Muscular Dystrophy Association.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming August 27 through September 2, 2000 as Brevard County Fire Fighters Appreciation Week and commending the fire fighters for their efforts on behalf of the Muscular Dystrophy Association. Motion carried and ordered unanimously.

Chairman Higgs presented the Resolution to Jim Stables, Julianne Ita and Chief Bill Farmer; and stated the Board is in support of the fire fighters and it is important what they do for muscular dystrophy. Chief Bill Farmer advised because of the Board's support they have been successful in the MDA projects, and hope to be more successful this year; and they will be around Friday, Saturday and Sunday at all the intersections.

Jim Stables thanked the Board for its continued support; and introduced Julianne Ita. Ms. Ita thanked the Board and residents of Brevard County for supporting the fire fighters in their efforts to raise dollars for the Muscular Dystrophy Association and the children and adults served by the Association. She stated last year they raised over $30,000; they are truly heroes to those individuals living with the muscular disease and for the hope they provide that one day there will be a cure for their disease. She requested people to drop in a donation in the boots of the fire fighters as the funds stay in the community.

RESOLUTION, RE: WELCOMING DR. RICHARD DiPATRI, SCHOOL SUPERINTENDENT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution welcoming Dr. Richard DiPatri to Brevard County as the new School Superintendent and pledging its support to assist him in providing quality education for children. Motion carried and ordered unanimously.

Chairman Higgs advised she will be meeting with Dr. DiPatri about major issues, hurricane shelters, etc. and looks forward to a good relationship with the new Superintendent.

FINAL PLAT APPROVAL, RE: THE CLOISTERS, PHASE III D

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant final plat approval for The Cloisters, Phase III D, subject to minor changes if necessary, receipt of all documents required for recording, and developer required to obtain jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH RIVER GROVE ON THE TRAIL, L.C., RE: INFRASTRUCTURE IMPROVEMENTS IN RIVER GROVE ON THE TRAIL, PHASE I

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Contract with River Grove on the Trail, L.C., guaranteeing infrastructure improvements in River Grove on the Trail, Phase I. Motion carried and ordered unanimously.

CONTRACT WITH DAVID GRAVAS, RE: INFRASTRUCTURE IMPROVEMENTS FOR PARSLEY AVENUE, EXTENSION B

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Contract with David Gravas guaranteeing infrastructure improvements to Parsley Avenue, Extension B. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE PARTNERS, RE: INFRASTRUCTURE IMPROVEMENTS IN MAGNOLIA POINTE, UNIT 2

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Contract with Suntree Partners guaranteeing infrastructure improvements in Magnolia Pointe, Unit 2. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINES AND RELEASE OF CODE ENFORCEMENT LIENS, RE: 4590 LIME STREET, COCOA

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to accept the Special Master's recommendation and reduce the accrued fines for Case No. 97-2586 from $8,850 to $2,750, and Case No. 98-2739 from $1,800 to $1,250 plus prosecution costs of $212 and authorize staff to prepare and execute release of the Code Enforcement Lien for property at 4590 Lime Street in Cocoa upon receipt of payment. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: 4665 NICOLE AVENUE, COCOA

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to accept the Special Master's recommendation and reduce the accrued fine for Case No. 94-3628 from $3,750 to $2,750 and authorize staff to prepare and execute release and satisfaction of lien on 4665 Nicole Avenue in Cocoa upon receipt of payment. Motion carried and ordered unanimously.

AUTHORIZATION TO FILE INJUNCTION AGAINST BOB BIEL AND SUSAN STEVENS, RE: CODE VIOLATIONS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the County Attorney to file an injunction against Bob Biel and Susan Stevens of 1331 Lake Drive, Cocoa, for a continuing violation of Brevard County Code Section 94-63, Maintenance of Commercial Property, and Section 246-2, Obstruction of Right-of-way Prohibited. Motion carried and ordered unanimously.

RESOLUTION, RE: INCREASING RETAINER FEE COLLECTED FOR CONSULTANT REVIEW OF TOWER AND ANTENNA ZONING APPLICATIONS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution increasing retainer fee collected for consultant review of tower and antennae zoning applications from $2,500 to $4,000. Motion carried and ordered unanimously.

AUTHORIZATION TO INITIATE ADMINISTRATIVE REZONING, RE: FLOYD AND PATRICIA ELLSWORTH'S PROPERTY ON PLUCKEBAUM ROAD

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize staff to initiate administrative rezoning of Floyd and Patricia Ellsworth's property on Pluckebaum Road to remove the conditional use permit from a property not in compliance with its conditions. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH THE BUCHANAN COMPANY, INC., RE: TDC SPORTS EVENT PROMOTION AND DEVELOPMENT AGENCY

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Amendment to Agreement with The Buchanan Company, Inc. as the TDC Sports Event Promotion and Development Agency for FY 2000-01. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: FUEL TANK AND DISPENSING EQUIPMENT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution and authorize execution of a Joint Participation Agreement with Florida Department of Transportation for the purchase and installation of a replacement above-ground 10,000 gallon capacity AVGAS fuel tank and dispensing equipment at Valkaria Airport. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH EMILY C. MacDONALD FOR SOUTH COURTENAY PARKWAY IMPROVEMENT PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase and Addendum with Emily C. MacDonald for property to construct a stormwater retention pond in conjunction with the widening of South Courtenay Parkway from Magnolia Avenue to Fortenberry Road at $140,000. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #6 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Contract Modification #6 with Ranger Construction Industries, Inc., increasing contract price by $35,994.60 for traffic signal construction plans, unforeseen field conditions, back flow preventer relocation, and construction of traffic signals, with no additional days for the Malabar Road Widening Project, Phase II. Motion carried and ordered unanimously.

ACCEPTANCE OF QUITCLAIM DEED FROM BEVERLY LEWIS AND BELINDA MONTS, RE: LAND IN WISCONSIN-FLORIDA FRUITLAND COMPANY SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to accept Quitclaim Deed from Beverly Lewis and Belinda Monts for land in Fontaine Grant of the Wisconsin-Florida Fruitland Company Subdivision for future mitigation purposes. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-52, RE: VACATING PUBLIC ACCESS TO WATERFRONT PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve revised Policy BCC-52 regarding vacating of public access to waterfront property. Motion carried and ordered unanimously.

APPROVAL OF ADDITIONAL FUNDING TO FLORIDA DEPARTMENT OF TRANSPORTATION, RE: DESIGN OF PALM BAY ROAD WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve additional funding and authorize payment to Florida Department of Transportation for design of the Palm Bay Road Widening project. Motion carried and ordered unanimously.

APPOINTMENT OFNEGOTIATING COMMITTEE, RE: CONTINUING GEOTECHNICAL TESTING CONSULTANTS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the Selection Committee's recommendations regarding continuing geotechnical testing consultant services, ranking Ardaman & Associates, Inc., Atlantic Testing Laboratories, Inc., and Universal Engineering Sciences as the top three firms; and appoint Tom Jenkins, Scott Knox, Ed Washburn, John Denninghoff, and Charlie Burton or their designees to the Negotiating Committee to negotiate with said firms. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATION, ASSURANCE FORM, FUNDS FROM LOGT, AND FOLLOW-UP AGREEMENT, RE: TRANSPORTATION DISADVANTAGED PROGRAM 2000-2001

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution authorizing grant application for trip and equipment, authorize execution of Standard Assurance Form with Florida Commission for the Transportation Disadvantaged to receive $768,367 to fund the Brevard Transit Disadvantaged Program, approve the local match of $125,000 from Local Option Gas Tax and $50,000 from passenger fares, and authorize the Chairman to execute follow-up grant agreement contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH SEA TURTLE PRESERVATION SOCIETY, INC., RE: SPACE AT MELBOURNE COURTHOUSE MOD C

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution and execute Lease Agreement with Sea Turtle Preservation Society, Inc. for lease of space at Melbourne Courthouse Mod Cat $1.00 annually plus pro-rated share of utility and common area expenses. Motion carried and ordered unanimously.

RESOLUTIONS AND AMENDMENTS TO LEASE AGREEMENTS, RE: SENIOR CENTERS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolutions and execute Amendments to Lease Agreements with North Brevard Senior Center, Martin Andersen Senior Center, South Brevard Senior Center, and Greater Palm Bay Senior Center. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH DON FACCIOBENE, INC., RE: PARADISE BEACH PARK PAVILION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Don Facciobene, Inc. for installation of a new pavilion at Paradise Beach Park, increasing contract price by $9,940 and time by 52 days for removal of asphalt and addition of new concrete sidewalks. Motion carried and ordered unanimously.

CHANGE ORDER NO. 5 WITH ADVANCED HURRICANE PROTECTION, INC., RE: SCHOOL HURRICANE SHUTTERS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 5 to Agreement with Advanced Hurricane Protection, Inc. for installation of school shutters, increasing contract price by $7,940 and time by 45 days for installation of 18 shutters and painting of 18 handrails at Oak Park Elementary. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH COMMUNITY HOUSING INITIATIVE, HUD, AND ASSOCIATION FOR RETARDED CITIZENS OF BREVARD COUNTY, INC., RE: GROUP HOMES FOR DEVELOPMENTALLY-DISABLED PERSONS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Community Housing Initiative, Department of Housing and Urban Development, and Association for Retarded Citizens of Brevard County, Inc., for acquisition and rehabilitation of group homes for developmentally-disabled persons. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH RANGER CONSTRUCTION, RE: EAST RAILROAD AVENUE, MILLER LANE, AND BUTLER LANE PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Ranger Construction for paving of East Railroad Avenue, Butler Lane and Miller Lane, increasing contract price by $9,933.03 for three cul-de-sacs. Motion carried and ordered unanimously.

RESOLUTION, GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, AND APPROVAL OF PROJECT BUDGETS, RE: STOSBERG PARK AND FLUTIE ATHLETIC COMPLEX TREE PLANTING PROJECTS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution authorizing grant application to Florida Department of Agriculture and Consumer Services, Division of Forestry, for $10,000 to implement tree planting at Stosberg Park and Flutie Athletic Complex; and authorize the Parks and Recreation Director to execute the Grant Agreement and establish budgets of the projects if the grant is awarded. Motion carried and ordered unanimously.

JOINT PARTICIPATION AND EASEMENT AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: RETENTION POND AT STOSBERG PARK

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Joint Participation and Easement Agreement with Florida Department of Transportation for a retention pond at Stosberg Park. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST CREW BOOSTERS, INC., RE: DEVELOPMENT OF COCHRAN PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Space Coast Crew Boosters, Inc. for development of the Cochran property. Motion carried and ordered unanimously.

AGREEMENT WITH BARTON HOGREVE, RE: CONFLICT ATTORNEY

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Barton Hogreve to provide legal representation of indigent persons in conflict criminal and juvenile court proceedings. Motion carried and ordered unanimously.

AUTHORIZATION TO APPLY FOR AND ACCEPT, RE: LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the Public Safety Department to apply for, accept, and utilize a Local Law Enforcement Block Grant as recommended by the LLEBG Committee; extend the authority of the Committee established by Resolution No. 97-208, reappoint existing members through September 30, 20001; and authorize the County Manager or his designee to execute all agreements pertaining to the grant. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: SCATSECTION 5311 RURAL TRANSITGRANT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation for $44,000 of Section 5311 Rural Transit grant funds for Fiscal Year 2000. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO CONTRACT WITH SPACE COAST ADVERTISING CONSORTIUM, INC., RE: COMMUTER ASSISTANCE MARKETING

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Amendment No. 1 to Marketing Services Contract with Space Coast Advertising Consortium, Inc. for commuter assistance marketing. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND AGREEMENT WITH CENTER FOR URBAN TRANSPORTATION RESEARCH, UNIVERSITY OF SOUTH FLORIDA, RE: TRANSIT PLANNING CONSULTANT SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement to Extend Fixed Price Interlocal Agreement with the Center for Urban Transportation Research, University of South Florida, to provide transit planning consulting services. Motion carried and ordered unanimously.

RE-ENROLLMENT AGREEMENTS FOR SCAT FLORIDA MEDICAID PROVIDER NUMBERS, RE: MEDICAL NON-EMERGENCY TRANSPORTATION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Re-enrollment Agreements to allow SCAT to operate as a non-emergency transportation provider under the Florida Medicaid Program. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATION, USE OF TOLL REVENUE CREDITS, AND EXECUTION OF FOLLOW-UP DOCUMENTS, RE: FY 2001 SCAT CAPITAL AND OPERATING ASSISTANCE GRANTS FROM FEDERAL TRANSIT ADMINISTRATION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution authorizing grant application to Federal Transit Administration for FY 2001 SCAT Capital and Operating Assistance grants; authorize the use of toll revenue credits for the FY 2001 Urbanized Area Formula Program in the amount of $3,705,207 for SCAT; and authorize the Chairman to execute follow-up grant Agreement contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

JOINT RESOLUTION WITH CANAVERAL PORT AUTHORITY, RE: REQUESTING CONGRESS REJECT EROSION SURCHARGES TO FEMA FLOOD INSURANCE

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution with the Canaveral Port Authority requesting Congress reject adding an erosion surcharge to FEMA flood insurance premiums and recommending the Heinz Study be expanded to consider the economic and recreational value of beach communities, shore protection projects, and the effect of federal inlets on beach erosion. Motion carried and ordered unanimously.

APPROVAL, RE: SOLE SOURCE PURCHASE OF WASTEWATER PUMPS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the sole source purchase of three high-capacity wastewater pumps from Ellis K. Phelps & Company at an estimated cost of $144,000. Motion carried and ordered unanimously.

APPROVAL, RE: JOB RECLASSIFICATION FOR TECHNICIAN I

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve reclassification of a part-time Water Resources Permitting Technician III (Pay Grade 718) to a full-time Technician I, (Pay Grade 714) for Water Resources Department. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH SPEARMAN MANAGEMENT, INC., RE: LEGISLATIVE LOBBYING SERVICES FOR FY 2000-01

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Renewal Agreement with Spearman Management, Inc. for legislative lobbying services for FY 2000-01 at $53,040. Motion carried and ordered unanimously.

APPROVAL, RE: INSURANCE COVERAGES FOR FY 2000-01

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve renewal of Property and General Liability insurance effective September 1, 2000, and Boiler and Machinery, Pollution Liability, Difference in Condition, Library Books and Media, Automobile Liability, and specific Excess Workers' Compensation insurance effective October 1, 2000, as recommended by A. J. Gallagher & Company. Motion carried and ordered unanimously.

APPROVAL, RE: AVIATION INSURANCE FOR FY 2000-01

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Mosquito Control aircraft, hull, liability and chemical insurance and airport liability from Ace USA at $105,365; Valkaria Airport liability insurance from Ace USA at $5,000; and Spacecoast Airport liability insurance from Ace USA at $1,170, effective October 1, 2000 as obtained by Nation Air Insurance Agency; and authorize the Chairman to execute the insurance applications. Motion carried and ordered unanimously.

APPROVAL TO OBTAIN, RE: LIABILITY INSURANCE CONSULTANT SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the hiring of an independent outside attorney/consultant with insurance expertise to evaluate contract language and obligations of the County's former Third Party Administrator Palmer & Cay, as well as the County's Public Official Liability Insurance policy to insure the County is receiving the maximum benefit available. Motion carried and ordered unanimously.

APPROVAL, RE: WORKERS' COMPENSATION SETTLEMENT WITH RANDY JOHNSON

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the negotiated settlement of Workers' Compensation claim of Randy Johnson in the amount of $20,000. Motion carried and ordered unanimously.

APPROVAL, RE: WORKERS' COMPENSATION SETTLEMENT WITH RON HUGGINS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the negotiated settlement of the Workers' Compensation claim of Ron Huggins in the amount of $29,500. Motion carried and ordered unanimously.

PERMISSION TO ISSUE, RE: ANNUAL SUPPLY BIDS, QUOTES, AND PROPOSALS FOR FY 2001

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to solicit competitive bids for Items 1-59 and quotes for Items 60-76, and award to the lowest qualified supplier; and solicit competitive proposals for Items 77-99 and negotiate and award to the best ranked proposals for listed commodities and services. Motion carried and ordered unanimously.

REVISED POLICY BCC-19, RE: ACQUISITION OF CONSULTANT PROFESSIONAL SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve revised Policy BCC-19 regarding acquisition of consultant professional services. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SUNSET REVIEW REPORTS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to acknowledge receipt of Sunset Review Reports for programs and services within the Departments of Natural Resources, Information and Communication Systems, and Public Safety. Motion carried and ordered unanimously.

APPROVAL, RE: EXTENSION OF THE PROPERTY TAX ROLL

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to extend the 2000 Tax Roll until the hearings and deliberations of the Value Adjustment Board are completed. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: TRANSFER OF BENCHMARK COMMUNICATIONS FRANCHISE TO ADELPHIA COMMUNICATIONS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, grant permission to advertise a public hearing to consider change of control and ownership of Benchmark Communications non-exclusive cable communications franchise to Adelphia Communications. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH MUNICIPALITIES, RE: E-911 CALL CENTER AND ASSOCIATED COUNTY EMERGENCY NUMBER PLAN

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Interlocal Agreement with Cities of Titusville, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge and Satellite Beach, and Town of Indialantic, for operation, upgrade, and maintenance of the E-911 Call Centers, and approve the associated Emergency Number Plan with the municipalities. Motion carried and ordered unanimously.

AGREEMENT WITH FOWLER WHITE LAW FIRM, RE: FEES FOR LEGAL REPRESENTATION IN PINTER v. BREVARD COUNTY AND BREVARD COUNTY v. MIORELLI ENGINEERING, INC. CASES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Fowler White law firm to represent Brevard County in the Pinter v. Brevard County and Brevard County v. Miorelli Engineering, Inc. cases. Motion carried and ordered unanimously.

APPROVAL TO SCHEDULE EXECUTIVE SESSION, RE: SHOWBOAT ADULT WORLD CORPORATION v. BREVARD COUNTY

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize advertising and scheduling of an executive session for September 13, 2000 after the regular Board meeting to discuss strategy relating to litigation of the Showboat Adult World Corporation v. Brevard County Board of County Commissioners. Motion carried and ordered unanimously.

ACKNOWLEDGE AND ACCEPT, RE: REVENUE MONITORING REPORT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to acknowledge receipt of and accept the Revenue Monitoring Report for quarter ending June 30, 2000. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, appoint and/or reappoint David Paterno to the Historical Commission replacing Georgianna Kjerulff with term expiring December 31, 2000; Rene Davis and Yvette Torres to the Employee Benefits Advisory Committee, with terms expiring December 31, 2000; John Corelli to Parks and Recreation South Service Sector Advisory Board with term expiring December 31, 2000; Patsy Scherer to the Central Brevard Library and Reference Center Advisory Board with term expiring December 31, 2000; and Gary Hanlin to the Marine Advisory Council with term expiring December 31, 2000. Motion carried and ordered unanimously. APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the bills and budget changes as submitted. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-0-26 AND CONTRACT, RE: LEASE OF PAGING SERVICES

Otto Hernandez, representing Verizon Wireless, advised the initial criteria were personnel 10 points, references 20 points, pricing 15 points, network coverage 25 points, complimentary services 5 points, emergency backup 10 points, background 10 points, and value added services 3 points. He stated the Selection Committee had a hearing at which the vendors were allowed to speak and make presentations; at that time MetroCall and Verizon presented on all those points; there was a vote taken; and upon reviewing the points by the Selection Committee, they decided to use their rights and appeal the process on four points of the voting and ranking of the two vendors-background, network coverage, references, and personnel. He stated MetroCall was ranked #1 and Verizon was ranked #2; the Protest Committee, comprised of three members, heard the four appeal points; and the Chairman of the Committee voted and said he was disappointed in the way the original scoring had occurred in regards to network and background, and voted to send it back to the Selection Committee to reassess all the points again and to re-score. He stated at the next meeting of the Selection Committee, they were able to only go over the network coverage points and did not discuss background or the other points that the Protest Committee saw a need to re-look at and do the re-scoring; a vote was called for again, after listening to only one of the four points in their appeal, against what the Protest Committee had advised; and no significant change came from that. He stated they feel that Verizon's references and background, the years they have been serving Brevard County with an office in Melbourne, serving Brevard County Sheriff for 12 years, Harris Corporation, and Cities of Titusville, Palm Bay, Cocoa, and West Melbourne, and their proven track record in Brevard County makes them the best vendor to serve Brevard County. He stated they have been here 13 years and have proven their commitment with government entities to assist and be partners with Brevard County when it comes to public safety and communications; and requested the Board look at the specific criteria and the actual information presented by MetroCall and Verizon, and possibly come to an understanding of the differences in the companies, how they have been established here providing the services for many years with the references, and MetroCall, which was awarded the proposal, being a newcomer to the area with no proven track record, no commercial accounts of this size, no cities or county governments in the area, and no references to show how they would be able to service Brevard County's paging needs.

Robert Calvert, State Director for MetroCall, advised there were three different meetings held regarding this proposal; and the first was July 13, 2000 when four companies responded to the proposal and three companies made presentations. He stated they were given the opportunity to present what they felt was the best possible situation for Brevard County, showing the type of equipment, people, and service; and at the end of that meeting the Selection Committee voted MetroCall as #1. He stated they left thinking they were ready to go and supply the County with all the things it needed for its services; but Verizon Wireless instituted a protest. He stated on August 2, 2000, they attended the protest meeting and answered the questions that were brought up; at that time the three voting members were not disappointed but had questions and issues they wanted clarified; and they asked that it go back to the Selection Committee to be looked at again, which was done on August 14, 2000. He stated they presented additional information and answered all the requests and issues addressed by the Protest Committee; and once again the Selection Committee voted MetroCall #1. He stated they are here to service Brevard County; they are one of the largest wireless communications company in the world, not just a paging company; they offer wireless systems to cover all the needs of Brevard County; and the fact that the Selection Committee, after three different meetings, decided that MetroCall was the ideal company to service the County's needs should suffice.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the recommendation of the Selection Committee and award Proposal #P-3-0-26, Paving Services, to MetroCall; and authorize the Chairman to execute a Contract with the vendor. Motion carried and ordered unanimously.

Commissioner Voltz inquired why the evaluation by Scott Wallace lists both companies as #1; with a staff member responding the ranking is a result of the individual scoring criteria, and the totals were identical so there was a tie in his evaluation. Commissioner Scarborough stated the spread between the two companies increased rather than decreased the second time.

TRANSIT SHELTER AGREEMENT WITH MERRITT ISLAND JAYCEES AND 20/20 MEDIA HOLDINGS, INC., AND APPROVAL OF REVISED POLICY BCC-28, RE: PLACEMENT OF BUS SHELTERS AND BENCHES IN RIGHTS-OF-WAY

Chairman Higgs advised she pulled this item for discussion because shelters are wonderful assets to the bus system, but the Board has talked about signage, visual pollution and how to make the community more aesthetically pleasing by reducing location and size of signage; and to endorse this item would be inconsistent. She stated she is supportive of the Jaycees and bus shelters, and appreciates their efforts, but cannot support this project.

Steve Carlson, representing Merritt Island Jaycees advised the Jaycees throughout Brevard County have met with Joel Davis of 20/20 Media to talk about implementing this program; the Jaycee presidents from Titusville, Port St. John, Cocoa, Merritt Island, Melbourne, Palm Bay, and South Brevard Professional Chapter of Jaycees voted him as chairman of this project so the County and 20/20 Media would only have to deal with one person; and they all support the agreement as a win-win-win situation for all three parties. He stated the County would get free bus shelters which will allow patrons to stay out of inclement weather; 20/20 Media gains revenue from the ads on the shelters, and the Jaycees gain funding to support their other programs; however, the real winners are the citizens who will get shelters that will be maintained by 20/20 Media on a weekly basis and gain from the Jaycees' projects throughout the year. Mr. Carlson advised the Board has concerns about advertising, but the shelters are rather expensive; and that is one of the only ways to pay for them. He stated every business needs the opportunity to advertise; and small business owners cannot afford giant billboards.

Chairman Higgs inquired if the advertising space is 4' x 6'; with Mr. Carlson responding yes. Verna Harris, resident of Palm Bay, advised she came from New York and goes all over the County by bus; there are benches at Melbourne Square Mall where they have to wait for the bus and the sun is very hot; those buses are on schedule and do not wait, so people cannot stay inside the Mall; and requested approval of the bus shelters. She stated many of the riders are elderly people who cannot stand in the sun and the rain; and requested bus shelters be put all over the County. Ms. Harris thanked Mr. Lusk, Commissioner Higgs, Councilman Voltz, Sue Hann, and other people behind the scenes for bus #22; stated she did not get a response for the route she requested, but they are thankful for the second bus in Palm Bay because her friend who had to walk a mile to get a bus now walks half a block to get bus #22; and requested approval of the bus shelters.

Commissioner Voltz stated the County cannot afford the bus shelters or maintenance of them; the residents who ride the buses will benefit from this Agreement and be protected from inclement weather; and someone is willing to pay for the shelters and maintain them at no cost to the County. She stated signage should be the last concern; the good of this project outweighs the bad; the shelters are not going to be on every street corner; they are needed in the community; and this would be a wonderful way to increase ridership.

Commissioner Carlson advised if there is a percentage of the advertising set aside for public service information; with Joel Davis of 20/20 Media responding they do not set aside space, but their vacancy rate is about 15%. Commissioner Carlson inquired what type of reports for advertising, maintenance, public service messages, and incidents are required; with Mr. Davis responding Mr. Lusk was concerned about having feedback on what would be going on, so they agreed to provide reports to him showing the status, how many shelters are out there, maintenance repair of damages, what ads are on the shelters, and what public service announcements were on the shelters. Commissioner Carlson stated it says all advertising will meet contemporary community standards and not pose a hazard due to distraction, and that the old harmless clause, attorneys' fees, etc. will be in the agreement; and inquired if there is anything Mr. Davis wants to add regarding how shelters have been used in other areas and the feedback he received from the public; with Mr. Davis responding it does increase ridership according to comments from administrators of different transit systems; people would be hesitant to ride the bus to work if they had to sit in the hot sun or rain; there is a wide cross section of people who ride the bus for transportation; and the shelters are important to them. He advised of how he and his wife got into the business; stated it is a win/win situation; the citizens get an amenity at no cost to the taxpayers; and they hopefully will make some money. Commissioner Carlson inquired if they plan to work with the School Board on bus stops; with Mr. Davis responding they had a few conversations and are willing to do that, but school buses go onto residential streets and the right-of-way is not sufficient to locate a shelter. He stated they have stringent guidelines from the State that they have to meet, such as setbacks and distances from intersections; but they are willing to look at the situation and put in bus shelters if they fit. Commissioner Carlson stated there are students on main corridors waiting for school buses with no protection.

Chairman Higgs inquired what is the term of the contract; with Mr. Davis responding they reduced it to 15 years, but all their other contracts are for 20 years.

Transit Services Director Jim Liesenfelt advised they will not put bus shelters where school bus stops are, but once the shelters are in, they will work with the School Board to let them know where the shelters are and maybe they can change the bus stops so the school children can use the existing shelters.

Commissioner Scarborough stated there are benches in places where nobody sits on them; they are there to advertise; small businessmen's signage is being restricted now; and to have someone else's sign in front of the business on a bus shelter may be a problem. He stated the agreement does not adequately address location and the right of the businessman who's property backs up to the shelter; and the County needs to assume some responsibility so they do not end up with more conflicts and confusion. He stated there are benches all over the place and no buses stop at those places; they are signs and not bus stops; so location needs to be worked out and fine-tuned. He recommended the item be tabled until the sign ordinance is adopted.

Commissioner O'Brien stated if the problem with advertising should arise, and someone complains, one phone call to SCAT would have the ad changed out within a few days; it is not a big concern; and location of the bus shelters will only be at legal bus stops. He stated bus shelters are imperative to the community; the ads are not large; the Jaycees return to the community a long list of projects that improve the quality of life; and the ads are a tradeoff to pay for the bus shelters and maintenance. He stated the illegal benches are not bus stops; they can be removed; and he asked Road and Bridge to remove those on Merritt Island. He stated control of the ad copy is important, but if the County tried to do that it would have problems with content; Jaycees would not have a problem with content; and they would not advertise things that are improper to the community. He stated bus shelters will benefit the community; he would like to see them all over the place so more people will ride the buses; and they will improve ridership.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Transit Shelter Agreement with Merritt Island Jaycees and 20/20 Media Holdings, Inc. to erect and maintain transit shelters along SCAT fixed routes throughout Brevard County.

Commissioner Voltz inquired if it is possible to change the size of the signs; with Mr. Davis responding no, it is an industry standard and that is the way shelters come manufactured. He stated every national advertiser produces posters at that size. Commissioner Voltz inquired how many shelters will they have; with Mr. Davis responding between 50 and 75 in the County. Mr. Davis advised benches are allowed to be anywhere; they can be at bus stops and at points of pedestrian convenience; shelters are only allowed at designated bus stops; and for each and every shelter they have to get a permit from the County, so the County has control of every location. He stated there may be occasions where there is a high number of riders but they cannot put in a bus shelter because of setbacks and underground utilities.

Commissioner Scarborough stated a comment was made that a call could be made and the sign changed; he does not know the nature of the contract for the sign because the County is not a part of that; and if there is a contract, a call to the County objecting to the sign in front of a business may not result in removal of the sign. He stated if the Board is going forward with this Agreement before the sign ordinance is adopted, it should have veto powers by the adjoining property owners and written consent from those owners because once the sign goes in it is unlikely they will go back and interfere with the contract for the signage that may be spot specific and vested. Mr. Davis stated if there was a poster causing some concern, they would move it; typically posters are for a show and are rotated throughout the shelters; they are different than billboards where people pay for a certain location; and typically they buy three shelters and the posters are rotated.

Commissioner Voltz inquired if the abutting property owners can have a say about the ad copy.

Motion by Commissioner Scarborough, to amend the motion to include language that the location must be approved by written consent from any and all abutting property owners.

Chairman Higgs stated the agreement includes approval of locations. Mr. Davis stated it is for SCAT to approve the individual sites, but not the property owners. Commissioner Voltz inquired if that is something the Board can legally address; with County Attorney Scott Knox responding it is in a gray area because there is case law that says the Board cannot defer to property owners in certain circumstances; however, this may not be one of those circumstances, but he would have to research that. Commissioner Scarborough stated the property owner's capacity to advertise could be diminished. Commissioner O'Brien stated a solution is to notify all abutting property owners when a permit application is submitted; and if they said they did not want a bus shelter, he is certain the Jaycees would move it somewhere else. Chairman Higgs requested Mr. Lusk read the language on the placement of shelters. Mr. Lusk read, "Benches and shelters will only be permitted with the prior written notification of adjacent property owners." Commissioner Scarborough stated notification is not consent; there are two thoughts, one is the location, and the other the advertising copy; and they need to be taken in segments. Chairman Higgs stated it is also a 15-year contract. Commissioner Scarborough stated it is not unreasonable to include the person who has adjoining property in the process. Commissioner O'Brien included the amendment in the original motion; and Commissioner Voltz accepted the amendment.

Commissioner Scarborough inquired if it is to approve the location or copy or both; with Commissioner O'Brien responding the location. Commissioner Scarborough recommended the copy be included. Commissioner O'Brien stated the Board is being petty, as a simple phone call could resolve any problems. Commissioner Scarborough stated if it is so simply then the motion should include the copy; and he cannot vote for the motion if it is not included.

Commissioner O'Brien included location and copy must be approved by written consent of abutting property owners in the motion; and Commissioner Voltz accepted the amendment.

Commissioner Voltz inquired if 20/20 Media had a problem with competition in other areas; with Mr. Davis responding no. Chairman Higgs stated she will vote no because of the process even though she believes benches and shelters should be provided as a service and part of the transit system; but she does not believe in proliferation of advertising in that way.

Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered; Commissioner Higgs voted nay.

Mr. Liesenfelt requested approval of the revised Policy.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the revised Policy BCC-28 to allow placement and removal of transit shelters and benches on State rights-of-way, amended to include, "location and copy of ad must be approved by written consent of abutting property owners." Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTION, RE: CREATING OLDE EAU GALLIE RIVERFRONT COMMUNITY REDEVELOPMENT DISTRICT AND AGENCY

Cheryl Campbell from the City of Melbourne, advised the Community Redevelopment Act, Chapter 163, Part III of the Florida Statutes, provides legislative authority for local governments to use bold approaches to overcome the burden of blighted areas on local and county governments within the State of Florida; and by following the Act, local and county governments can reverse the process of deterioration and dis-investment that have become widely predominant in older cities and urban areas. She stated in order to use the power authorized by the Act, they need to follow the required procedures; a key element in the process is to establish that a given area is in fact the blighted area, and that the revitalization and redevelopment of that area is in the interest of the residents of the community. Ms. Campbell advised the document before the Board, referred to as the Olde Eau Gallie Riverfront Blight Study, is intended to accomplish that purpose; and it represents a summary presentation of data and information assembled by the City of Melbourne's Planning and Zoning Department, and identifies conditions of blight within the 73.13-acre downtown area of Eau Gallie, recently named Olde Eau Gallie Riverfront by the Merchants Association. She stated the function of the study is to establish the existence of the blighted conditions as outlined in the Community Redevelopment Act, and to establish that redevelopment of the area is necessary and in the interest of the public health, safety, morals and welfare of the residents of the City of Melbourne and County of Brevard. She stated the boundary of the blighted study area generally consists of properties lying west of the Indian River lagoon, south of Creel Street, east of FEC railroad, and north of Montreal Avenue; and it includes only a small number of professional residential and commercial properties on the south side of Montreal Avenue. She stated blight is defined by the Community Redevelopment Act as a set of negative physical circumstances that make an area a burden to the greater community; together those circumstances discourage the development and redevelopment of individual properties in the area and within surrounding neighborhoods; and the study highlights blighted conditions found within the Olde Eau Gallie Riverfront BSA. She stated in analyzing streets and traffic patterns, they were able to identify that the major intersection of U.S. 1, Eau Gallie Boulevard, and Montreal Avenue is presently operating below its current level of service E; there are frequent peak hour delays primarily in the evening peak hour for northbound U.S. 1 traffic and east and westbound Montreal and Eau Gallie Boulevard traffic; travelers have difficulty backing out into heavily traveled arterial and collector streets from designated onstreet parking spaces; and about half of the alleys remain unpaved and require grading and maintenance. Ms. Campbell stated after surveying 173 properties within the BSA Planning and Zoning staff found a substantial number of deteriorated buildings and nonconforming sites which reflect the general lack of private investment and development, redevelopment and maintenance. She stated the survey depicts compliance with current codes from a range of 5 points equally fully compliant to 1 point which equals dilapidated or very few conforming features about the building and site; the results of the survey in the areas of buildings, parking lots, landscaping and irrigation, outside storage, garbage dumpsters, pedestrian handicap access lighting and curbing reveal that only 7% of the sites were in total compliance with the current codes; and 35% were found to be in dilapidated condition. Ms. Campbell advised the low survey ratings and site improvements serve as testimony of the blighted conditions of the Olde Eau Gallie Riverfront BSA; blighted conditions translate into real life economic hardship; businesses and local and county governments endure those hardships and struggle with the threat of increasing vacancy and decline of property values; and government also struggles with decreasing tax revenues and increase in service requirements. She stated those types of hardships are apparent in the Olde Eau Gallie Riverfront BSA; the table on page 30 of the booklet outlines an overall increase in land and building values for the City of Melbourne from 1989 to 1999 of 24.8% whereas the growth rate over the same period of time within the blight study area was only 9.1% in land and building values combined. She stated, on behalf of the merchants and neighbors surrounding the blight study area, the City of Melbourne is requesting that the Board of County Commissioners consider adopting a resolution which delegates the powers to the City of Melbourne to create and maintain the Olde Eau Gallie Riverfront Community Redevelopment District and governing agency.

Mayor John Buckley, City of Melbourne, endorsed the Olde Eau Gallie Riverfront redevelopment area; and stated the City is blessed to have two downtown areas since it is two cities that were combined 31 years ago. He stated the City has been working on the Downtown Melbourne Redevelopment for about 20 years, and has done a very good job; it increased the participation of merchants, tourists, and visitors; and the Vice Mayor, who lives in the District, is supporting this item, as well as representatives from the business and residential communities in the area. He stated they are all in favor of this District, as it will uplift that section of the City; he has been a resident of Eau Gallie for 39 years; and he is very much in favor of it.

Commissioner Voltz inquired if anyone has been against it; with Mayor Buckley responding none that he knows of. Commissioner Voltz stated it is a wonderful redevelopment plan; they agreed to go with the guidelines the County set up for others; it will be a tremendous opportunity for the area to grow; and the river is an asset to the business community.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution relating to the delegation of powers to create and maintain a community redevelopment agency; making findings, authorizing the creation of the Olde Eau Gallie Riverfront Community Redevelopment District and the Olde Eau Gallie Riverfront Community Redevelopment Agency; delegating certain powers; providing for the repeal of certain inconsistent Resolutions; providing a severability clause; and providing an effective date.

Commissioner O'Brien recommended the Resolution include requirement of an audit every five years; and inquired if there is a City rule that would audit behavior of the redevelopment district; with City Manager Henry Hill responding there is an annual audit of the City, and the district will be a separate function of the City.

Commissioner O'Brien amended the motion to include that every five years there be an audit by an outside agency for compliance and review of expenditures.

Mr. Hill stated Commissioner O'Brien's point is well taken; however, the City Council sits as the redevelopment agency and does not delegate it to a separate entity; and it would be redundant to have another audit on top of the annual audit. He stated they plan to set up an advisory committee similar to that of the Downtown Melbourne District and Babcock Street District, but the Council will be the redevelopment agency. Commissioner O'Brien stated five or ten years in the future, the City may decide to develop a separate agency and take it out of the Council's hands; and if that happens, an audit would be necessary. Mr. Hill stated the Downtown District has been in existence almost 18 years, and the City Council has not taken that step and has no interest in creating a separate entity; and recommended the motion be phrased that the audit be required if the City creates a separate entity from the Council for the District.

Commissioner O'Brien amended the motion to require an audit every five years of the Olde Eau Gallie Riverfront Community Redevelopment District only if the Melbourne City Council delegates the authority to a separate board. Commissioner Voltz accepted the amendment to the motion.

Commissioner O'Brien recommended the audit include expenses for full-time or part-time directors, consultants, clerical assistance, engineering time, and anything charged to the RDA.

Commissioner Scarborough inquired how does the City audit the current Redevelopment Districts; with Mr. Hill responding they have a regular annual audit on the financial accountability of the City; they do an ongoing process through the budget in which the Council takes recommendations of staff as well as the advisory committee for the existing Redevelopment Districts; and they plan to do the same for the Olde Eau Gallie Riverfront Community Redevelopment District. Commissioner Scarborough inquired if the City plans to merge the Redevelopment Districts; with Mr. Hill responding they will remain separate entities; they do not have an executive director; and City staff assists the Districts rather than load up the Districts with staffing. Commissioner Scarborough stated accurate accounting of staff time is critical. Mr. Hill stated they do that as part of the regular budget process and make charges to the various funds which are tracked every year.

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

PUBLIC HEARING, RE: RESOLUTION AND ACCEPTANCE OF EASEMENT FOR VACATING ROAD RIGHT-OF-WAY IN RIVERSIDE LANDING - DONNA COX

Chairman Higgs called for the public hearing to consider a resolution vacating road right-of-way in Riverside Landing as petitioned by Donna Cox, and to accept an easement. There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating road right-of-way in Riverside Landing as petitioned by Donna Cox, and to accept an Easement from Donna Cox. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING SOLID WASTE ASSESSMENT RATES, FEES AND CHARGES, AND RATIFYING AND CONFIRMING SOLID WASTE ASSESSMENT ROLLS

Chairman Higgs called for the public hearing to consider Resolutions adopting Solid Waste Assessment rates, fees and charges, and ratifying and confirming Solid Waste Assessment Rolls.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolutions ratifying, confirming and certifying the annual disposal assessment roll; ratifying, confirming and certifying the annual collection and recycling program special assessment roll; approving the imposition of an annual solid waste collection and recycling program special assessment; adopting schedule of rates, assessments and charges to construct, operate and maintain a solid waste disposal system; and approving the imposition of a solid waste impact fee on newly improved real property for fiscal year beginning October 1, 2000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE RESCINDING ORDINANCES FOR COMPANIES NO LONGER ELIGIBLE FOR ECONOMIC DEVELOPMENT TAX ABATEMENT

Chairman Higgs called for the public hearing to consider an ordinance rescinding Ordinances for companies no longer eligible for economic development tax abatement.

There being no objections heard, motion was a made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Ordinance repealing Ordinances granting certain ad valorem tax exemptions for failure to continue to meet the criteria for such exemptions; repealing Ordinance 96-28 relating to the economic development ad valorem exemption granted to USBI Company Kennedy Space Center, Florida; repealing Ordinance 97-24 relating to the economic development ad valorem exemption granted to Smart Choice Automotive Group; repealing Ordinance 98-10 relating to the economic development ad valorem exemption granted to Hydro Aluminum Hycot; repealing Ordinance 98-20 relating to the economic development ad valorem exemption granted to Support Systems Associates; repealing Ordinance 98-21 relating to the economic development ad valorem exemption granted to Demaco Division of Howden Food Equipment; repealing Ordinance 98-24 relating to the economic development ad valorem exemption granted to TEC Cellular; repealing Ordinance 98-48 relating to the economic development ad valorem exemption granted to Bombardier Motor Corporation of America; repealing Ordinance 99-01 relating to the economic development ad valorem exemption granted to Met-Con; repealing Ordinance 99-09 relating to the economic development ad valorem exemption granted to Crown Simplimatic; repealing Ordinance 99-13 relating to the economic development ad valorem exemption granted to United Service Source; repealing Ordinance 99-14 relating to the economic development ad valorem exemption granted to UST, Inc.; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE APPROVING TAX EXEMPTION FOR PERCEPTA, LLC

Chairman Higgs called for the public hearing to consider an ordinance approving economic development tax exemption for Percepta, LLC.

Commissioner O'Brien advised on page 2 it says that with all the exemptions currently in place and effect, the bottom line is that $269,000 is being abated Countywide for all companies receiving exemptions. He stated it is a not billions of dollars being waived for all the companies combined.

Milt Burlingame, Senior Vice President of Teletech Holdings, Inc., advised Percepta is a joint venture company between Ford Motor Company and Teletech Holdings, Inc.; and its purpose is to help clients interact with customers via telephone, internet email, and video kiosks. He stated the focus is on customer service and resolving concerns in an environment which is highly dependent on technology; interactions with their clients focus on quality, completeness, and accuracy; and their responsibility to their clients and customers is continuous improvement because everything they do is under constant evaluation to determine how they can do something more effectively and efficiently while maintaining the quality of interaction. He stated they are also looking for customer feedback to gather information about customer preferences and pass that information to their clients so they may produce products that are more client focused. He described their scope of services, including facilities and operations, web base training programs, data management to better interact with clients, state-of-the-art technology programs and platforms, software consulting services specializing in systems integration, and professional services. Mr. Burlingame advised one of their major technologies that will be installed in their Melbourne facility is called Cybercare; it is a teletech product originally developed to help clients and customers interact with them via any communications media at any time about anything; and explained the process in detail. He stated their employment opportunities are not only their representatives or agents, but include the list in front of the Board with titles and numbers of people to be hired to support the overall operation of the facility; some are highly skilled positions and others are entry level; and they will provide training to improve their skills over time. He stated they anticipate the number of positions created by the end of the first half of next year to be in the range of 600 employees with an annual payroll in excess of $13 million; employees will receive benefits, health and dental insurance, vacation and sick leave, and participate in their 401K Program; and only one person will be transferred from another location to this site to develop the program. Mr. Burlingame advised their customer interaction centers are usually 100% full-time employees; within the first year in Niagara Falls, New York, they were voted employer of the year; over 90% of their promotions come from within; and in the last year at one site they had 67 promotions and more than 80 in another site, so they are very proud of their company and the clients they support.

Chairman Higgs thanked Mr. Burlingame for the presentation; and stated the Board is pleased that Percepta is coming to the community, and looks forward to having it here.

Henry Hill, City Manager of Melbourne, advised the City support Percepta, SubmitOrder.com and eCircuit, Inc. locating in the Babcock Street Redevelopment area; it is a worthy effort under the abatement program to provide jobs for people who are here and expand the employment base in the community; and the City is excited to see all the companies come to fruition with 1,500 to 1,700 new employees operating on the Babcock Street corridor. He stated the spin-off would improve other businesses, restaurants, and service entities, which would support the employment base that will be working in those facilities and existing buildings that are vacant or under-utilized. Mr. Hill advised the City has an abatement proposal that will go on the ballot in November; and the City appreciates the efforts the County has undertaken over the years to provide abatements, and proposed to the Council to do its part as well.

Commissioner Voltz advised the company will locate in a redevelopment area; phone calls she received stated they do not want exemptions for telemarketing; and this is not telemarketing because it is an incoming call center and not outgoing. Commissioner Carlson advised she also received calls adamantly against telemarketing, but there is no way to govern them coming into the community; however, Percepta will deal with incoming calls and not calls going out. Commissioner O'Brien stated the reason telemarketers locate on the East Coast is to give them more hours to call the West Coast.

Commissioner Scarborough advised he will not support this because of the wage levels and high employment rate, but he wishes them success and recognizes there is a need to look to target areas. He recommended staff create special parameters for target areas as opposed to lower wages. Chairman Higgs stated she will vote no, not because of the company, but because it is not her philosophy to provide abatements to companies, but she wishes them well.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt an Ordinance granting an economic development ad valorem exemption to Percepta, LLC, located at 1396 South Babcock Street, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Percepta, LLC; and providing an effective date. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

Commissioner O'Brien stated if the Board wants to raise the wage level, it could go back and tweak the parameters. Commissioner Carlson stated she is interested in making it more specific for redevelopment areas where people come in with marginal salaries and can really use the jobs. Commissioner Scarborough stated there are some barely employable people in target areas; it is reaching the people who would not have jobs; and he can tell a person he did it because if he did not, those people would not have jobs. Commissioner Carlson stated it should be more specific to have more companies move into redevelopment areas and reestablish integrity of the tax base; so she would be for addressing that issue. Commissioner O'Brien recommended the issue be put on the Agenda.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct staff to return with a proposal of how to target development areas under the Tax Abatement Program. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE APPROVING TAX EXEMPTION FOR SUBMITORDER.COM

Chairman Higgs called for the public hearing to consider an ordinance granting tax exemption for SubmitOrder.com.

Mark Spencer, representing SubmitOrder.com, advised SubmitOrder is a technology-based company that serves the retail industry; it is not a call center but a customer response center; they respond to clients' customers; and there will be a lot of training and technology. He stated the average salaries are for bridge jobs; they will not all be entry level; there are an assortment of different skills that will be within the segment of the business; and there will be opportunities to excel throughout the company at all levels. He stated they have a benefit package that will pay for their schooling; they offer more than just a base salary; so they are excited about what they bring to the community and about being in Brevard County.

Commissioner O'Brien inquired what is information technology integration and fulfillment strategy development; with Mr. Spencer responding they provide fulfillment for Fortune 100 companies; one of their clients is Limited II, another is Zany Brainy Toys; and they integrate their front end websites with online companies, do the fulfillment and provide the customer service port for them. Mr. Spencer stated business is booming; their associate base has grown from 500 to 800 over nine months; and they are excited about the growth and is spreading out across the country.

Chairman Higgs wished the company well and welcomed it to Brevard County.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt an Ordinance granting an economic development ad valorem exemption to SubmitOrder.com, located at 915 South Babcock Street, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by SubmitOrder.com; and providing an effective date. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE APPROVING TAX EXEMPTION FOR eCIRCUIT, INC., AND RESOLUTION QUALIFYING eCIRCUIT, INC. AS A STATE QUALIFIED TARGETED INDUSTRY

Chairman Higgs called for the public hearing to consider an ordinance approving tax exemption for eCircuit, Inc. and a resolution qualifying eCircuit, Inc. as a State qualified targeted industry.

Haydar Haba, Executive Vice President of eCircuit, Inc., advised the company has 41 employees and expects to have more than 100 within a year; it was incorporated on December 23, 1999 and has occupied the Melbourne facility since May 15, 2000; so they have only been in business for three months. He stated it is a high-tech manufacturing firm that utilizes high-speed automation and build circuit boards and cable harnesses for high-tech industry; they have about $3 million in contracts backlogged and expect to have $20 million in revenue every year within the next two years; and they are excited to be in Melbourne. He stated he has been a resident of Melbourne for 18 years; he invested in the firm; and he hopes the venture will help the community.

Commissioner Scarborough advised the average annual salary is $37,000 so he can support this company.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance granting an economic development ad valorem exemption to eCircuit, Inc., located at 100 North Babcock Street, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by eCircuit, Inc.; and providing an effective date; and adopt Resolution recommending eCircuit, Inc. be approved as a qualified target industry business and that the economic development tax exemption be utilized as the required local match to the State Program. Motion carried and ordered; Commissioner Higgs voted nay.

Commissioner Carlson advised Lynda Weatherman, President of the ED, has worked hard with the City of Melbourne to bring these companies in; and she needs to be complimented.

Lynda Weatherman expressed appreciation to the Board for its support to the companies; and explained where Percepta and SubmitOrder are in the economic spectrum. She stated the ad valorem tax abatement program is fair and equitable; it is even-handed in its approach to how much a company gets, and how many jobs it creates and capital investment depend on return on investments. She stated the jobs are bridge mechanisms for those working at minimum wage jobs and need to take the next step; that next step is a job that pays on the average of $10.57 an hour which is pretty good; it is a career advancement; and she is proud of having them come to Brevard County. She explained the effects of a $22,000 annual salary and profound number of jobs; stated the wage data released by Florida Department of Labor shows 628 occupations of which 446 or 71% are paid less than what those two companies are going to pay as an average entry wage; and compared wages of the two companies with several positions of County employees. She stated the number of jobs will act as a magnet for other job classifications to help bring them up; and the Board has an economic development program so it has far more long-term effect than just creating an opportunity for entry level wages. She stated it is good for the companies and good for the community.

The meeting recessed at 10:36 a.m., and reconvened at 10:48 p.m.

PUBLIC HEARING, RE: ORDINANCE REPEALING ORDINANCE NO. 2000-05, PERTAINING TO COMMISSIONERS' SALARIES

Chairman Higgs called for the public hearing to consider an ordinance repealing Ordinance No. 2000-05, pertaining to Commissioners' salaries.

Barbara Jagrowski advised Section 2 says the salaries are fixed for two years; the Commissioners have the ability to vote themselves a raise; and she does not understand why the Board is freezing the salaries. She stated the next Charter Review Commission may not address it, as it did not do it the last time after two members of the Commission brought it up.

Commissioner Scarborough stated later in the meeting the Board will consider a petition initiative to have a new methodology for determining salaries; any amendment to the Charter the people vote for supercedes any action of the Board; so this action freezes the salaries until the people have a chance to speak.

Commissioner O'Brien stated in keeping with the Charter, the Board has to set the salaries every two years. Ms. Jagrowski stated according to the Charter the Board can give itself a raise. Commissioner Voltz stated the Board can still do that. Commissioner Carlson stated rescinding the previous Ordinance takes out of the hands of the Board the perception that it was giving itself a raise; ad the Board wants to put it in the public's hands to decide.

County Attorney Scott Knox advised Section 2 should be January 1, 2001, instead of October 1, 2000. Commissioner Voltz inquired about the deadline mentioned by the County Attorney for setting salaries; with Mr. Knox responding the ordinance, if adopted, will remain in effect unless it is changed by the referendum.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida pertaining to Commissioners' salaries; providing for the repeal of Brevard County Ordinance No. 2000-05 which provided for the review and fixing of County Commission salaries; establishing Commission salaries at the amount in effect on December 31, 2000; providing for severability; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE FROM MR. AND MRS. KEN FENGLER

Chairman Higgs called for the public hearing to consider a request from Mr. and Mrs. Ken Fengler for a variance from the Brevard County Coastal Setback Line.

Randy Mosby with Mosby & Associates, engineers specializing in construction seaward of the Coastal Control line, representing Mr. and Mrs. Ken Fengler, advised he was asked to obtain additional survey information at the last meeting; and Debbie Cole is handing out the representation of data collected. He stated they are asking for a variance of 16.5 feet to the 25-foot Brevard County Coastal Setback Line for construction of a single-family residence; and explained the handout showing the major property lines, buildings, setbacks, and historical profiles of the dune line. He stated it is an odd-shaped lot; they designed the lot around the configuration of the south property line; in the last 28 years there has been very little erosion at the toe of the dune; and the movement of the dune line has been at the crest and fluctuated seaward and landward of the 1972 line. He explained an illustration of what would happen if they have to meet the criteria and are not granted the variance and the complications of making the lot buildable, noting the problem is with the septic tank which is not allowed to be constructed seaward of the home or beyond the Brevard County Coastal Setback Line. He stated the house would be moved back to the setback line; the footprint would be reduced from 850 square feet to 700 square feet; the major problem is no room to install the septic tank; so the property would basically be unbuildable. Mr. Mosby stated he knew there would be opposition because the property owner told him the owner directly across the street objected because he did not want to see a structure in front of his house. He stated the aerials identify the homes that received aid from FEMA relative to their site; the majority of those homes are within 30 feet of the crest of the dune; they are proposing a 74-foot setback from the top of the dune; and the structure is moderate in size and will sit back twice as far as the existing homes. He requested the Board consider a variance to the setback for the structure and well to meet Health Department requirements of well to septic tank.

Harriet Fine presented and explained pictures of the area; and stated all the people here against the variance live on the ocean and not across the street. She stated pictures 1 and 2 show the area which corresponds to Mark R-195 used by the surveyor in his graphs to show the Board what erosion has or has not taken place; however, R-195 is 300 feet north of the subject property. She stated the erosion they experienced in January and February this year was south of R-195, at the subject lot, and south of it; and it did major damage to the dunes and vegetation as shown in pictures 3, 4, and 5. She stated a huge area of the dune was lost in the beginning of this year as shown in pictures 6 and 7; the owners of 7825 A1A directly south of the subject property had to rebuild the walkway that was destroyed; the destruction did not happen during the hurricanes but on a beautiful day when the waves came pouring over the dunes; so her point is that the information given to the Board is 300 feet north of the subject lot and not where the property is located.

Alan Fine stated he is opposed to the variance, but believe property owners should be allowed to build on their properties within the rules and regulations that existed when they purchased their properties. He stated the Fenglers purchased the property two years ago and knew it was irregularly shaped and would be difficult to situate a house on it; and gave a scenario of the businessman and bus stop being injurious to a business. He stated granting the request would be injurious to their property in the sense that it will weaken the dune and eventually result in their homes falling into the ocean. He stated they believe a house can be built on the property; and he never heard of a problem with the septic tank being seaward of the house as their septic tank is seaward of their house which was built in 1993. He stated he was a professor of engineering for 25 years and knows numbers and statistics can be used to prove anything; and explained the charts provided by the Mr. Mosby showing expanded vertical scale and contracted horizontal scale and what that does to the data provided. He stated the pictures they presented and FEMA having to put all the fill onto the dune shows there has been a tremendous amount of erosion in the area.

Dale and Michelle Gebelein stated they live in the area and oppose the variance

John Gilbert stated he purchased his property immediately south of the subject property on April 28, 2000; the closing on his property was postponed to work out an agreement to straighten out the property line and make the property more buildable; what is shown is not the current property line; and it was changed because the bank that held the mortgage on the property had to have an agreement showing the land swap was equal, and it is. He stated a lot of erosion has occurred earlier this year; about six feet was lost; he purchased his property with the understanding it can be rectified after November, 2000; he wanted to put in a pool but understands he cannot because of the setback; and he is surprised that the Board would look at this property to make something buildable for the owner. He stated the owner should have to come up with a plan according to the current Ordinances rather than ask the Board to increase the value of their property by granting a variance and moving his structure towards the beach.

Chairman Higgs advised she is familiar with that beach area and was there recently looking at the erosion; she cannot find the wisdom to grant a variance given the circumstances that she saw and knowing what has occurred in the area; there is FEMA activity close by; and it would not take away from their ability to use the lot. She stated most people look at the dune face and toe, but the sand has moved landward according to the green line done in August, 2000, about 18 feet; so there has been significant erosion in that area.

Commissioner Voltz inquired about the jog in the property line; with Mr. Mosby responding he heard the jog was a zoning requirement in the 1970's to establish the lot width; and if it is taken out, it would make both lots nonconforming. Mr. Mosby advised the variance is necessary to get the proper allocation for the septic system; someone mentioned they need to go by the rules and regulations; they meet the rules and regulations, and are not penetrating the dune; and they are set back between 30 to 40 feet more than other houses south or north of the property. He stated he cannot completely answer the question about the south property line; that is in legal hands; but the jog is thereto bring those two lots into conformance with the zoning classification.

Commissioner Voltz inquired if the three-story house to the south is in the Coastal Construction Setback line; with Chairman Higgs responding it was built years ago; some variances were given; it looks like it is pass that line; but she does not know where the line is and would hate to comment incorrectly. Mr. Mosby stated every home to the south is pass the Brevard County Coastal Setback Line. Chairman Higgs stated that is not true; the Board has denied variances in the same area; there are some houses seaward of the line, but most of those were built some time ago; but the Board has not granted variances in the subject area, and the Fines' house to the north was built in conformance with the line.

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny the request from Mr. and Mrs. Ken Fengler for a variance from the Brevard County Coastal Construction Setback line.

Commissioner Scarborough stated since the vegetation was wiped out this year, the beach is more vulnerable, so it is not that it is moved back. Commissioner Voltz stated based on erosion data and information provided by the new survey, the maximum variance would be 25 feet; and inquired if that data shows the Board can potentially give 25 feet or is the Board saying the data is not from the same mile marker; with Natural Resources Management Supervisor Debbie Cole responding the data was taken from R-195 which is north of the property; and both survey data were taken from that area so they could compare apples with apples. Commissioner Voltz stated the last time it was said the Board could not give the variance, and now staff is saying it can; with Chairman Higgs responding it is an option open to the Board. Assistant County Manager Stephen Peffer advised prior to the recent survey, the information staff had would have allowed a 16.5-foot variance; the recent survey indicates less erosion; so it could allow for the 25 feet. Commissioner Voltz inquired if staff is questioning the survey that would allow 25 feet; with Ms. Cole responding not at this time.

Commissioner Higgs stated the pictures and experiences of people in the area question the validity of the application of the data and not the survey, because the data was from R-195. She stated staff should review the criteria being used on the beach to examine variances and look at other factors that are going on. Commissioner Voltz stated the Board will be looking at height. Commissioner Higgs stated the Board should look at all of it in a different light.

Vice Chairman O'Brien inquired how will beach restoration affect this request if they had 60 more feet of beach where it has eroded; and will the line be moved seaward 30 to 50 feet; with Ms. Cole responding it may change a lot of things. Commissioner Higgs stated beach restoration has to be done again and again because historically the beach keeps moving out to sea; and she is not sure the Board will continue to see the funding for beach restoration in the future. Vice Chairman O'Brien stated the Board signed a Contract for 50 years of restoration. Commissioner Higgs stated no matter what the Board does, certain things are going to happen on the beach.

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.

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING TEEN COURT

Chairman Higgs called for the public hearing to consider an ordinance providing for an additional fee of $3.00 in the County and Circuit Courts to operate and administer a Teen Court.

State Attorney Norm Wolfinger requested the Board's support to enact an ordinance to fund the teen court; and presented a video of a teen court in operation. He stated the Department of Juvenile Justice decided that after June 30, 2000 teen court programs will not be funded, and after August 31, 2000 juvenile arbitration services programs will not be funded; and the Department funded $99,000 for teen court and $130,000 for juvenile arbitration services. He explained in detail what teen court has done for over 700 juveniles and 1,500 volunteers, the recognition of second place in the Florida Sterling Counsel Showcase and the greatest community impact of any programs being considered, and the juvenile alternatives services as second highest in the State of all juvenile justice programs. He stated in the first six months of this year, his office received 2,486 cases; they filed 1,396 cases of which 855 were diverted from the juvenile justice judge and given harder sanctions than they would have received had they gone to court. He stated it is a tremendous effort to serve children; and they need the Board's support so they will not lose the program.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to extend the time for the State Attorney to continue his presentation. Motion carried and ordered unanimously.

Mr. Wolfinger requested permission to have Tyler Sirois speak.

TylerSirois advised he is a tenth grade student in the International Baccalaureate Program at Cocoa Beach High School and a proud member of the Brevard County Teen Court for three years. He stated he has roughly 400 community service hours, volunteering his time with the State Attorney's Office and with teen court; and he is proud of his record of service and what he learned from the teen court program. He advised of his participation, knowledge gained, respect for law enforcement and the judicial system, and enhanced leadership abilities; stated teen court is the most active and successful program of its type in the United States; it lightens the load of juvenile cases on the court system, saving Brevard County taxpayers; and since the start of the program, juvenile crime rate has dropped. He stated teen court is a unique and valuable asset to Brevard County and the $3.00 will help the youth of Brevard County immensely.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt an Ordinance of Brevard County, Florida, providing for additional fees in the County and Circuit Court in and for Brevard County and in the Eighteenth Judicial Circuit Court in and for Brevard County, Florida, to be used to operate and administer teen court; providing for severability; providing for inclusion in the Code; and providing for an effective date.

Commissioner O'Brien advised he can support this ordinance because it is a user fee that will be collected to help fight crime. Commissioner Carlson inquired if there is a possibility of expanding the programs; with Mr. Wolfinger responding his concern is what to do with the Juvenile Alternative Services children. Mr. Wolfinger stated they will try to get some of those children into the teen court program, but they lack funding for expansion of services, not only for substance abuse random testing, but also for counseling; and it would be nice for domestic violence cases to have funding for more significant anger management.

Commissioner Voltz amended the motion to change the fee from $2.00 to $3.00; and Commissioner O'Brien accepted the amendment.

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

DISCUSSION, RE: WILLIAMS HOUSE

Commissioner Carlson advised the Williams House is on Rockledge Drive; Senator Hiram Williams needs to be remembered for all he did for the community; it has been stagnated for so long because of the negativism that came out about doing anything with the house; but now there is a group that has an interest in it and seems to be organized.

Carole Pope of Willliams Homestead Steering Committee, advised they are individuals who have been in the County all along, but never got together and collectively assembled to see how they could benefit and contribute the sum of all their pieces; they are educators, historic groups, home remodelers, garden clubs, agriculture extension service, and the black community who indicated an interest and willingness to help and participate because they realized they were about to lose one of the most historic treasures, as well as a beautiful piece of riverfront property for passive recreation; and requested a short delay of plans to sell the Williams House and give them a chance to comeback with a detailed business plan. She stated she understands the Board's frustration after spending over $250,000 and still the house is not open and needs a lot more work; however, all the money was not lost because some of it went to plans of how restoration can be done. She stated the architectural plans are done; the site plan has been approved by the City of Rockledge; and all they have to do is put it together. She advised of her experience with historic preservation, including renovation of her home; and stated they plan to incorporate as a not-for-profit organization dedicated only to the Williams House project; and they anticipate being highly successful in obtaining large historical preservation grants. She stated the project competed for a special category grant of $231,000 several years ago, but budget restraints in the Senate and House curtailed the project; they recognize they need a strong reliable plan to present to the Board; and that is why they are asking for the time to accomplish it. Ms. Pope stated the members of the steering committee has committed their own funds to obtain the services of a professional museum consultant to have a Statewide recognized person help them with the plan; and they will review letters received from other groups and documents assembled by the County, and move forward from there to bring a business plan to the Board in November. She stated the delay will give them an opportunity that could be a positive thing for the community.

Meme Thomas from Brevard Community College (BCC), advised BCC can be an educational contributor to this worthwhile project; it has credit, noncredit, and vocational students, volunteers, and different ways the students learn; and those components can link with a living museum and restoration of the museum. She stated the head of the Apprenticeship Program is willing to meet with the head of the Vocational Division to discuss ways the students who are in surveying, masonry, woodworking, electricity, air conditioning, etc. can learn on the job while rebuilding this wonderful house. She stated the head of the Social Science Department is willing to have his faculty include in their history lessons the history of Brevard County; and the person in charge of Community Education for Cocoa is willing to have short-term noncredit courses on how people survived after the Civil War because they are the ones who came down and settled Florida, and maybe a short course in the citrus industry or early pioneer life. She noted local people and winter visitors may want to take some interesting courses that could be done on site when the museum is ready. Ms. Thomas stated students earn credit for volunteering with nonprofits in the community; one of the new waves at the College is to have faculty and staff volunteer some time on their own and do something that makes the community better; so she would like to have BCC be a part of this project which would continue to honor the past, and at the same time educate the future.

Sue Perry of the Williams Homestead Steering Committee, advised Hiram Williams was typical of people who came here; they were Civil War veterans, free black people who braved semi-tropical jungles to carve out homesteads, developers, etc.; and Hiram Williams could probably be classed as a developer. She advised of the history of Hiram Williams, what he said, what he wrote and published in newspapers, and what he did. She stated his family was one of the first four families in Rockledge; he built the house which was completed in 1800 and was the site of the first school and post office in Rockledge; and he was the first Brevard County treasurer and State Senator for several years. She mentioned visualizing a garden behind the house of vegetables grown in that era, portrayals of stories handed down about different groups that settled in the area, and people standing at the old house and looking out on the river and get an idea of what it might have been like back then. She stated every effort should be made to preserve this unique site already owned by the public; and it can be utilized to benefit every citizen. Ms. Perry read a letter from Patrick Smith who could not be here, "Dear Commissioners. I'm not familiar with the financial ramifications to Brevard County if the Williams house in Rockledge is sold or not sold at this time, but as one who constantly travels throughout every section of Florida on a literary lecture circuit, I am familiar with Florida's rapidly vanishing pioneer heritage landmarks. One these links to the past are gone, they are gone forever. They can never be retrieved. As Saul McIvey says at the end of my novel, 'a land remembered progress ain't reversible.' If it can be preserved, that old house is a direct link to a way of life that is no more and never again will be. A time when people relied on nature and themselves to survive. There were no supermarkets, convenience stores, just the land and water and the pioneer will to endure against all odds. We need these reminders of where this County came from. Around Florida, many such pioneer landmarks are being preserved, and they are becoming increasingly important as both tourist attractions and educational tools." She inquired if the Board can imagine the Williams house with an authentic 1875 garden planted behind it? She advised of a festival at the Pierce Homestead on the west bank of the Kissimmee River where more than 20,000 people came out to see the old house and get a feel of how their ancestors lived; and stated that is an example of how popular and important the link to the past has become. She stated if a delay of 60 days might lead to preservation of the Williams house, it would be a wise decision.

Commissioner O'Brien inquired who owns the Pierce house; with Ms. Pope responding most are publicly owned and the Pierce homestead is a State historic site.

Commissioner Carlson stated the Board needs to give the group the time they requested given they will hire a consultant and use their own money to provide the Board with an outline and time line of how they are going to get funds to do what they want to do. She read excerpts from a letter from Dr. Lewis Wynne, Executive Director for the Florida Historical Society, about Mr. Hiram Williams who was the first school superintendent of Brevard County, two-term State Senator, President of the first telephone company in Brevard County, and a successful citrus grower, operated a carriage-making business, wrote several pamphlets on the Indian River, and was one of the greatest figures of early Brevard. She advised of letters of support, including a letter from Sara Stern, Office of District Communications and Business Partnerships with the Brevard County Schools, Ted Moorhead of Indian River Lagoon Scenic Highway, Alma Field of Brevard Heritage Council, United Daughters of the Confederacy, Canaveral Light Chapter, Cocoa Rockledge Garden Club, etc.; and noted the granddaughter of Hiram Williams is the President of the Florida Historical Society. She stated there is a lot of history with the house; she is encouraged by the group getting together to do something about it; so she will make a motion to give them 60 days to come back with a plan. Commissioner Carlson stated Sue Perry mentioned a coalition getting together to start the Williams Foundation which is a good step.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to delay the sale of the Williams house for 60 days to allow the consortium of civic and educational groups to return to the Board with a plan to restore the property.

Commissioner Voltz advised Doug Mead is interested in purchasing the Williams house to restore it, so they may want to work with him. She stated they are still looking for people to restore the Wells house if anyone is interested; it is located on the Indian River in Melbourne, and is a very important part of the community; and somebody will tear it down if it is not restored.

Commissioner O'Brien stated the County has the Brevard Museum in the old post office in downtown Cocoa Village; the Porcher house is there as well fully-restored; his concern is another museum fighting for funding; and cautioned about creating another museum rather than helping the ones the County already has. He stated he can see the Williams house as an educational facility, but is concerned about who will pay for repairs and maintenance, because the money the County has already spent on the house is bordering on ludicrous to keep it; and that is why the Board looked at selling it. He inquired who would take a long-term lease on the house and assume all responsibilities for maintenance and repair and everything else that would be required; and stated perhaps they could apply to Tallahassee through the Legislative Delegation for the State to purchase the house and make it a historical site, which would take it off the Board's hands and preserve a piece of Florida's history, not just Brevard County's history. Chairman Higgs advised the committee wants the opportunity to explore all those things, including a potential arrangement; and the time period will give them that opportunity.

Parks and Recreation Director Charles Nelson advised he assumes they will be evaluating the information that will come in; with the referendums coming up in November, they could use more time; and requested delaying the Williams house project until December to give them time to get through the referendums in November. He stated they are in the process of starting the Marine Advisory Council and have all the appointments; and that is also on a rigid time frame.

Commissioner Carlson amended the motion to delay the sale of the Williams house for 90 days; and Commissioner O'Brien accepted the amendment. Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered unanimously.

RESOLUTION, RE: CALLING FOR A SPECIAL REFERENDUM ELECTION ON THE QUESTION OF WHETHER BREVARD COUNTY SHOULD AMEND THE CHARTER TO PROVIDE THAT SCHOOL BOARD RESIDENCE AREA BOUNDARIES SHOULD MATCH COUNTY COMMISSION DISTRICT BOUNDARIES

Commissioner Carlson read a portion of the Agenda Report as follows: "Because of a voter approved requirement that School Board members be elected by single district, new boundaries were drawn for those districts in 1999. The new lines cause the creation of 12 new voting precincts. The new precincts must be manned with election boards and provided with voting equipment. This creates an expense which many deemed unnecessary. Also, there was created a disruption of the political cohesiveness of some communities." She stated the intent of this issue is to try and get some cohesiveness with boundary lines and redistricting the Board and School Board will be facing next year; and she asked Mr. Knox to discuss this issue with Harold Bistline, the School Board Attorney.

Harold Bistline, Attorney for the School Board, advised he is against the Charter amendment because it would be inconsistent with General law and not a lawful matter for Charter government. He stated the Florida Constitution provides that, "each county shall constitute a school district, and in each school district there shall be a school board comprised of five or more members chosen by the vote of the electors in a nonpartisan election for appropriately staggered terms of four years as provided by law." He stated General law 230.06(1), provides that, "the school board, for the purpose of electing school board members, each district shall be divided into at least five district school board member residence areas, which shall be numbered 1 to 5 inclusive and which shall be as nearly as practical equal population." He stated the law also provides the school board with some options; one of the options is, by majority vote at a school board meeting, to expand the numbers of school board members from five to seven; and five of the members can be from single member residence areas and two at large, or all seven school board members can have their own residence area. Mr. Bistline stated all of those options are provided by General law and are inconsistent with the affect of the proposed Charter amendment; and requested the Board not go forward with that issue. He noted he only heard about this issue on Thursday night.

Commissioner Carlson advised they sent a letter to Rich Wilson, Chairman of the School Board, in hopes that he would share it with the other School Board members; she did not receive a reply; and that is when she had Mr. Knox follow up with Mr. Bistline to make sure there were no legal issues. Mr. Bistline stated Mr. Knox emailed him the proposed resolution on Friday; it has legal problems and would not survive a court challenge; and he would be compelled to recommend to the School Board that it challenge the issue if it goes forward. He stated there are other ways the School Board and County Commission can address the concern the Board has with redistricting; in 2001 the Census will come in and the Commission will be required to redistrict; and there is a chance the School Board would want to redistrict then. He recommended the Commission and School Board allow their staffs to explore a voluntary way to approach this issue which may be satisfactory to everyone concerned.

Commissioner Scarborough stated he is willing to approach it voluntarily; if it keeps putting things before the electorate, it will confuse them; but some people think they live in the same School Board and Commission District; and the Supervisor of Elections is having difficulty in how to provide for the redistricting of the School Board. He stated it is not something that has to be put in the Charter, but a matter of making it work for the Supervisor of Elections and the electorate; so they can accomplish it voluntarily.

Commissioner Carlson stated she agrees with that, but thought this might be a good way to get a reaction and it has; and they tried every effort to contact the School Board Chairman and received no reply. She stated the Board may want staff to look at a policy, so when redistricting occurs, the School Board could be included and appoint members to the redistricting group so it can have a say and come up with lines that are not as confusing to the electorate. Commissioner Scarborough recommended the two Boards work in conjunction to achieve a product of redistricting. Mr. Bistline stated he will be happy to recommend that to his Board when it meets again.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the County Attorney to work with the School Board Attorney on an interlocal agreement regarding redistricting of the School Board Districts to match the County Commission Districts, and return to the Board in 90 days. Motion carried and ordered unanimously.

Chairman Higgs advised the Board may be able to finish the remaining items in an hour or so; and inquired if it wants to break for lunch or continue the meeting. Discussion ensued with some Commissioners wanting a lunch break and others wanting to continue the meeting.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to recess for lunch. Motion carried and ordered; Commissioners Voltz and Higgs voted nay.

The meeting recessed at 12:09 p.m., and reconvened at 1:03 p.m.

PUBLIC HEARING, RE: REQUEST FROM ROJO CORPORATION FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE

Chairman Higgs called for the public hearing to consider a request from Rojo Corporation for a variance to the Brevard County Coastal Setback Line.

Kay Blahauvietz with Allen Engineering, advised they recently learned of a change in interpretation of Zoning regulations pertaining to balconies which will have an impact on the site plan that may require a variance of 10 feet rather than 4.17 feet; and presented a handout to the Board of their reasoning. He stated it came to their attention that balconies are considered part of the structure if they extend in the setback; the building has front and rear balconies and the side balconies will be removed because they are in the breezeway, but they want to keep the front balcony because it is attractive from the architectural design standpoint and for the use of the future homeowners; and to do that they need to slide the building about six feet, making the request for variance 10 feet instead of 4.17 feet. He stated the proposed building will be about 35 feet west of the existing buildings to the North and South; the existing building will be demolished as it is completely nonconforming; and the proposed building will be conforming if granted the variance. Mr. Blahauvietz advised staff reports states the maximum variance the Board can grant is 25 feet; they are only asking for 10 feet; and there has been accretion of approximately 25 feet since 1979 rather than loss of the beach.

Chairman Higgs advised the contract has been let for the sand project; and the concrete seawall should be removed to allow the beach renourishment project to really be important in that area and let the natural vegetation be replaced.

Mr. Blahauvietz advised he does not know a lot about the seawall and assume it is a fairly major structure which they would prefer to leave in as long as they can; and he is not sure what the effects might be, but it could be quite significant to remove the seawall. Chairman Higgs stated it will be a significant project and will allow restoration of the natural shoreline with a positive effect on abutting properties; and everything she has read about seawalls indicate they have a negative effect on surrounding properties. Mr. Blahauvietz inquired how much is the beach expected to extend; with Chairman Higgs responding Commissioner O'Brien mentioned 50 feet. Mr. Blahauvietz stated neighboring properties have seawalls also, so there is a concern about removing it; and with that much renourishment the dune vegetation line will probably move beyond the wall towards the ocean because it is very close to the bank at this time.

Commissioner O'Brien stated there is accretion in front of their properties and other properties on both sides; it is a good project that will lower the density from 8 units to 6 units; there is a tradeoff on the seabreeze, from 20 feet to 58 feet; and the building will move 90 feet from the current location. He stated the neighbors on both sides support the project; it will increase property values in the area, reduce traffic, and provide a better environment, as the current building is almost 40 years old and is not landscaped or maintained as the new building will be; and it will be 35 feet west of the existing buildings to the North and South.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant the request from Rojo Corporation for a variance to Brevard County Coastal Setback Line of ten feet rather than 4.17 feet.

Chairman Higgs inquired if there was a change to the Zoning regulations regarding balconies; with Mr. Blahauvietz responding he does not think there was a change, but the interpretation changed earlier this year. Chairman Higgs inquired how the item was advertised, and can it change from four feet to ten feet; with Natural Resources Management Section Supervisor Debbie Coles responding she has not seen the advertisement as Mr. Blahauvietz has not provided it to staff yet. Mr. Blahauvietz advised it did not list the amount of footage. Ms. Coles stated typically they do not put the amount of variance, but identify the property owners and that they are requesting a variance. Chairman Higgs inquired if there is documentation that the ad did run; with Mr. Blahauvietz responding he turned it over to a person to deliver to the TODAY paper, and did not hear that the ad did not run.

Planning and Zoning Director Mel Scott advised there has been no change in staff's position regarding decking and cantilevering in measuring the setback; there may be some confusion of the origin of the interpretation which was the Metz application the Board considered several months ago and whether or not the deck was pervious or planked with spacing and if that would be something they would measure setback from.

Commissioner Carlson inquired how is accretion measured when there is a seawall; with Ms. Coles responding they measure it at the nearest coastal monument to the structure so it is not done at the property; the survey data the applicant prepared does depict the seawall; but the comparative survey staff did does not have the seawall. Commissioner Carlson inquired how does staff compare it; with Ms. Coles responding they do not compare to existing property, only to the nearest monument to give an indication of accretion or erosion in the area; otherwise they would not have anything to convert to from the 1972 data. She stated she received a copy of the ad that ran on August 19, 2000, and it does not mention specific footage. Commissioner Carlson inquired about the approach to beach renourishment given the property juts out more than other properties; and if they will put the sane from the seawall out to the beach or on top of the seawall; with Commissioner O'Brien responding he has no idea what the plan is, but presume they will put the sand up to the seawall and go down the shoreline; there are many seawalls along that area; and it should not interfere with the project.

Commissioner Scarborough stated the Board just heard there is accretion, yet it justified the renourishment project because there has been a loss of sand; and inquired what is correct; with Commissioner O'Brien responding they are both correct; Patrick Air Force Base has been losing sand rapidly in large quantities and so has Cocoa Beach, from Minuteman Causeway north to Port Canaveral; at Cape Canaveral there were houses that actually fell; but there are other areas where certain parts of the beach gained 10 to 20 feet; and Jack Kirschenbaum is here and knows the answer to that. Jack Kirschenbaum advised the Corps of Engineers and the Port in certain instances have put huge amounts of sand in certain places; those amounts have migrated down the beach; so there is accretion for a short period of the beachfront and when that passes by, they will go back to an eroding condition. Commissioner Scarborough inquired if as the sand moves down the beach, the area will start decreasing; with Mr. Kirschenbaum responding that is correct; all reports he has seen indicate there is an erosionary trend throughout the entire beaches, but at certain instances there will be accretion of the beach. Commissioner Scarborough stated while there is accretion at this location, it is an illusion that will move away. Mr. Kirschenbaum stated it is moving down the beach, but the beach renourishment project will stabilize the condition so the erosion should not continue. Commissioner Scarborough inquired if there will be a reversal of the accretion and it will move down the beach; with Mr. Kirschenbaum responding no where there is a seawall condition; there will be no erosion where there is a seawall; but they have had vertical increase or decrease in sand at seawall locations and not horizontal erosion. He stated no seawall has washed away south of Mr. Applegate's property yet.

Chairman Higgs advised Rojo Corporation has requested a height variance and will be heard Thursday night; the building will be demolished so there will be significant excavation at the site; it is good public policy to remove seawalls because they do harm to abutting properties and people who use the beach; so the Board should take this opportunity to get rid of a structure that is not a public benefit for a project that wants special considerations. She stated if the item was tabled until Thursday night, maybe they can come up with something that would make sense and be good for the developer and the community, since they do not seem ready to work with the County on this at this time. Commissioner O'Brien stated it is a good project; and he does not like the thought of bludgeoning someone into doing something that the County already grandfathered in. Chairman Higgs stated she is not bludgeoning anyone. Commissioner O'Brien stated if he had a seawall in place, the last thing he would want to do is tear it down because he would not be able to get a permit to build a new one; with Chairman Higgs responding that is because they are bad. Commissioner O'Brien stated the photo does not show any bad effects from the seawall since 1997. Commissioner Carlson recommended tabling the item and information saying seawalls are bad be provided to the Board so it can make a better decision on the whole issue. Commissioner O'Brien stated the evidence before the Board is reality; it can read study after study and depending on what answer it wants to get that is the answer it is going to get; and it could find that seawalls are good in California but bad in New York. Commissioner Carlson stated she heard the same information Chairman Higgs referred to about seawalls; and this is an opportunity to let the applicant look into it, as it is only two days from today. Commissioner O'Brien stated they are here today and want to know if they can get the ten feet beyond the setback line and tear down the old building to put in a new one with amenities; and he would prefer to take care of one thing at a time.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table the request from Rojo Corporation for a variance to the Brevard County Coastal Setback Line until August 31, 2000. Motion carried and ordered; Commissioner O'Brien voted nay.

PUBLIC HEARING, RE: REQUEST FOR COMPREHENSIVE PLAN CONSISTENCY REVIEW FOR THE BUCCANEER GAS PIPELINE PROJECT

Chairman Higgs called for the public hearing to consider a request for Comprehensive Plan consistency review for the Buccaneer Gas Pipeline Project.

Brian O'Higgins, Project Manager for Buccaneer Gas Pipeline Company, requested the Board adopt the LPA's recommendation that the pipeline is consistent with the Comprehensive Plan. He stated he wants to provide a description of the project, why Florida needs another natural gas line, benefits to Brevard County, and approvals they are involved in at the Federal and State level. Chairman Higgs recommended Mr. O'Higgins address the issues most pertinent to the consistency with the Brevard County Comprehensive Plan. Mr. O'Higgins advised they met with County staff to address the Comprehensive Plan and Wetlands Ordinance; staff's legal counsel was present along with members from Planning and Zoning and Natural Resources; and it was determined that the natural gas pipeline is considered a transportation element as defined in the Comprehensive Plan and exempt from the Wetlands Ordinance. He stated the project is being reviewed by the Federal Energy Regulatory Commission (FERC); before construction can begin, the FERC must issue a certificate of public necessity; Buccaneer has to demonstrate there is a need for the project; and FERC will issue an environmental impact statement for the project after its environmental review. He stated they are involved in the Department of Environmental Regulation permit process, and in sufficiency reviews at this time; part of the FERC process is that they obtain approvals from Department of Environmental Regulation and local governments; and as a result, they have submitted an application to the Board requesting a determination that the pipeline is consistent with its Comprehensive Plan as it traverses various land uses across the County. He stated several weeks ago the LPA voted that the project is consistent with the Comprehensive Plan.

Commissioner Carlson inquired if the pipeline is considered a utility; with Planner Todd Corwin responding it is the position of the Planning and Zoning Office that the Buccaneer pipeline is a utility; it is in some aspects the same as an overhead power line that transmits electricity; and this pipeline will be an underground facility that will transmit natural gas. He stated where it is underground, it would not be considered a land use and would be considered the same as overhead power lines. Commissioner Carlson inquired if the Board still has to determine if it is consistent with the Comprehensive Plan; with Mr. Corwin responding yes, Policy 2.4 states that major improvements, such as this one, must be consistent with Policy 2.4. Mr. Corwin advised the determination that it is a utility has an effect on the wetlands issue, because if it is a utility, it is not considered industrial or commercial land use. Commissioner Carlson inquired if they have the power of condemnation; with Mr. Corwin responding it is his understanding they are proceeding to get that. Commissioner Carlson stated if the Board finds it is not consistent with the Comprehensive Plan, it would not make a difference because they can condemn property anyway; and inquired why is the Board considering the item if it is a utility. County Attorney Scott Knox advised the condemnation power does not relate to the issue of consistency with the Comprehensive Plan; they can condemn property to obtain ownership rights so they can run their pipeline under it, but the issue would be whether or not running the pipeline would be consistent, not that they can condemn the land. He stated the reason they are before the Board is because the federal government requires them to get a consistency determination before they can get a permit from the federal government. He stated they can condemn property but cannot use it if the Board says it is inconsistent.

Chairman Higgs inquired if any utility is outside of the wetlands policy; with Mr. Knox responding staff has determined that utilities are outside the commercial and industrial Comprehensive Plan policy.

Mr. Corwin advised they had a meeting yesterday on this issue; out of that meeting the consensus of the groups was that by this being an underground facility, it goes to definitions of the Zoning Code, specifically in the North American Industrial Classification System where underground utilities are not considered a land use. He stated if Buccaneer were to build an above ground facility, it would be considered a utility structure that would be subject to review by particular land development regulations.

Commissioner Scarborough stated he is losing something; a Florida Power & Light plant is a huge thing that is dealt with differently; the other extreme is utility lines and natural gas lines running to every neighborhood; and it is not clear what staff is saying. He stated if it is a utility, it is industrial use; and inquired how would he tell someone something is a utility plant in a neighborhood and they do not have to have industrial zoning so they can get electrical power to their house. Assistant County Manager Peggy Busacca advised the interpretation is a transmission line, regardless of size, from the street to a house or an overhead power line is considered to be a utility but not a land use; and the Florida Power & Light plant is considered a specific land use and has to be in a specific zoning category. Commissioner Scarborough stated he understands the difference but does not have a degree of certainty; yesterday they met and talked about it; next week somebody meets and have another talk and a little different twist to it; and the Board is trying to deal with Oleander and Florida Power & Light which are major issues. Ms. Busacca stated transmission lines have never been considered under the Zoning Code as a land use. Commissioner Scarborough stated that is prudent for transmission to homes, but there could be major transmission lines with major corridors and broad strips of land cut with major corridors; and he is not sure the Board wants to say it is not having an impact. Ms. Busacca advised there is a difference between a zoning impact and other impacts; in this case the Board is talking bout whether or not there is a zoning impact and whether or not it has to do something different for that; and if it is the Board's desire to change it, it would have large amounts of commercial or industrial land uses for gas or electric transmission lines. Commissioner Scarborough stated he is confusing zoning and consistency, but it is easy to pick up both discussions. Ms. Busacca advised in the Zoning Code, transmission lines have always been permitted in any zoning category; if it is a generating plant, it would have to go in a specific zoning category; the question on this issue is whether or not the wetlands policy would have an impact on the determination of consistency because there is no definition for commercial or industrial land uses within the wetlands policy, so it fell to the definition within the Zoning Code. Commissioner Scarborough stated this application is not what is bothering him; but every time the Board says or does something, it somehow creates an environment when it comes back to it subsequently that it walks into a trap; and there are certain things that staff said today that he does not feel comfortable with. Chairman Higgs advised there are other speakers, and maybe things will become clearer.

Bill Ockunzzi, representing Buccaneer, advised they need the Comprehensive Plan consistency determination to be able to do work in wetlands located in the County, jurisdictional lands of the Department of Environmental Regulation and Army Corps of Engineers, the two primary agencies they have to deal with; and they need that determination based on the County's Code. He stated he understands they have to prove to the Board that they are providing a significant public benefit to the County in order to be granted this consistency determination which then lets them do work in the wetlands after they obtain all the requisite environmental permits from Department of Environmental Regulation and the Corps; and they have to get FERC's approval in light of the public interest determination. He stated the public benefits are that they will bring a clean burning fuel to Brevard County so that its power plants can have adequate gas available at their doorstep to convert in the future; and there are a lot of other ancillary and secondary benefits. He noted it would decrease the barges conveying other kinds of fuel that impact the manatees; according to the manatee maps, most collisions occur near the ship channels or places where barges go; and it is also an economic benefit to the County. Mr. Ockunzzi advised they will be paying property taxes; there will be employees who will add to the economy in terms of purchase of services; they will acquire rights-of-way from private property owners, but primarily the power companies; and they are bringing in a major piece of infrastructure that is going to be available to the power companies and indirectly to the consumers through the local distribution company. He stated with 38 miles of right-of-way they have in the County, only one mile is new and outside of existing rights-of-way; so they are bringing in a major piece of infrastructure with very little impact on the public. He stated regarding wetlands impact, the County Code says they have to get the Department of Environmental Regulation permits before they can construct anything; but before they can move forward, they need the Comprehensive Plan consistency determination. He stated they will be mitigating for all impacts as they traverse through the County; and he hopes the information clarifies why they need the consistency determination which the LPA recommended be approved.

Paul Chipok, Attorney with Gray, Harris & Robinson, representing Buccaneer Pipeline, advised Buccaneer is trying to lay a pipeline across the State of Florida; they have to deal with each county and jurisdiction; they talked to Ms. Busacca and asked her how to proceed; and she identified the Transportation Element Policy 2.4 which is the major transportation system improvements. He stated they have a linear facility to get from Point A to Point B and not what is at those points; it is a transportation facility similar to a road; Section 62-1102 of the Zoning Code's definition of transportation includes NAICS Code 486 which is pipeline; and under industry in the same Section, it includes natural gas distribution, but it is for above-ground facilities. He stated the Zoning Code also states, "Underground utilities or overhead distribution lines for power are not considered a land use"; Buccaneer pipeline is a transportation facility; and because of that, they looked at Transportation Policy 2.4 which staff recommended. Mr. Chipok advised they met with County staff and the LPA; they went through a series of issues that were involved in Transportation Policy 2.4; and at the conclusion of that hearing, the LPA found Buccaneer to be consistent with the Comprehensive Plan. He stated Policy 2.4 addresses current and future public need, project impacts to floodplains, aquifer recharge areas, soils, wetlands, surface water, groundwater, wildlife, historical natural resources, noise, visual implications (which there are none because it is underground), management of hazardous materials, emergency planning (which they coordinated with the Emergency Management staff), hurricane evacuation (which is not applicable), project impacts on local economy, project impacts to inter-regional mobility function of Florida Highway Transportation (which is not applicable), land use compatibility with existing and future development, (it is underground and co-locating with existing utility easements for the most part), proliferation of urban sprawl (which is not applicable), long-term maintenance responsibility (which is theirs), and the capacity of other infrastructure such as water and sewer to accommodate the project. Mr. Chipok advised it is a transportation facility with no support services needed for the pipeline; the LPA found the project to be consistent; and the only issue it mentioned was coordination with the new wetlands Ordinance. He stated the wetlands Ordinance defines limiting factors for commercial and industrial uses; underground utilities are not considered a land use, so the project is not subject to the wetlands Ordinance; but they are subject to State and federal regulations and wetland permitting and will be consistent with that. He stated they will generate no net loss of wetlands because even if they traverse a wetland it will be underground and the wetland will come back on top of the pipeline once it is installed. He stated they met with staff who coordinated with the new wetlands Ordinance; they will be working with language and have language before the Board to review when it adopts the wetlands Ordinance to clarify this issue to everyone's satisfaction; but today the issue before the Board is consistency with the Comprehensive Plan Policy 2.4; and requested approval.

Attorney Jack Kirschenbaum advised unless there are other issues that need to be addressed, he will not need to address the Board as all the points were well covered.

Maureen Rupe commended the Buccaneer representatives who kept their community informed, were available to respond to any questions, and met with them in a pleasant manner. She stated the consistency review is to Chapter 9, Policy 2.4; she does not understand why it is Policy 2.4 which is relevant to traffic, mass transport, ports, and aviation, etc.; and since underground utilities are not considered land use, she wonders if underground telephone lines and cable and electrical lines are consider transportation facilities also; and if they are exempt from the wetlands Ordinance. She inquired if Buccaneer will be exempt from the wetlands Ordinance and come under the State laws with no control by the County. Ms. Rupe advised Buccaneer had no commitments from Florida Power & Light or Reliant, and may have a commitment from Oleander; it leaves the residents of Port St. John concerned that it may attract other power plants to North Brevard; and she wants assurances they are covered in the Performance zoning and other Ordinances. She noted the Board should take another look at the power plant siting Ordinance for distance requirement to make sure they are safe in Port St. John because they do not want any more power plants in North Brevard.

Commissioner Voltz inquired if the gas line goes in, can the Board require Florida Power & Light and Orlando Utilities to use it; with Mr. Knox responding no, the Board has no control over that at this point; and it is looking at the air quality issue, but he is not sure if that is one of the things it can do.

Randy Harris, Division Manager of NUI City Gas Company, advised NUI is a natural gas local distribution company; they have only one supplier of gas available to them in the State; Buccaneer will give them two sources; and they believe competition is good. He stated with one supplier, there will always be limitations; and two suppliers will improve the consistency of natural gas deliveries. Mr. Harris stated, as Chairman elect of the EDC, he feels it is beneficial to the local distribution company to have another source of natural gas, and to augment the capabilities of industry in Brevard County and be available to incoming industries. He stated deregulated natural gas commodities will allow business and industry to transport natural gas through multiple pipelines; and that effect will be an improvement of the capacity and cost of natural gas to Brevard County.

Nelly Strickland advised of her childhood experiences of asking questions and finding answers; and inquired if the Board checked to see what is going on with other pipelines, including the rate of accidents, damages from leaks, etc. She advised of a bubble found in Holland that provided gas, but the land sank and caused a lot of damage and is now worthless even though Holland is better than most in preparing for problems. She stated leaks will occur; if the pipeline runs through the Gulf, which she understands it will, fish will die; and it will be a nice supply for Oleander, but will the 16 million taxpayers in the State benefiting from it. She stated messing with the wetlands messes with her drinking water and everybody's grandchildren's drinking water; and gave a scenario about a mole digging holes and causing damages to yards whether they like it or not. She stated if the Board is going to allow pipelines to run through wetlands, there needs to be some serious equipment brought in unless they hand dig it which will mash the land down and be asking for all kinds of trouble. She stated she cannot see the point; it is for a buck and not for anybody's convenience; so she is not impressed with this project. She stated she wants her drinking water assured; messing with the wetlands could be detrimental to the aquifers; Titusville has a very small bubble of freshwater floating on a lot of salt water; and she is afraid her 50-year old magnolia tree is dying from lack of water. She stated all of this is wrong; in the long term it leads to no better way of life for the people who are paying the taxes to maintain this government; it is damaging; and she cannot see how a gas line can be exempt from the wetlands; and inquired for what reason. Ms. Strickland stated the Department of Environmental Regulation she heard has always been for sale; there were newspaper articles backing that up; it is not her talking, it is a fact of life; and she cannot see the benefit being greater than the damage that will be done in the long term. She stated it is not a four-year political term; it is for a lifetime; the Commissioners' terms will end and others will take over; so the Board should not go by political terms and should go by the importance of the issues and if they benefit the people. She suggested the Board keep that in mind when it deals with Buccaneer because she is definitely not in favor of the project.

Ms. Strickland stated the Board is not handicap compliant; there is still no light at the podium and she cannot read her paperwork with the current lighting; and she hopes the Board will comply because it is a law, and get the light arranged so that the next time she comes to a meeting she can read her documents.

Chairman Higgs advised the Board will try to comply.

Marlene Waters stated she does not know much about the pipeline, but knows that gas pipelines tend to be a magnet for merchant power plants; and merchant power plants do not necessarily benefit the people they are located near. She stated the lateral coming from the Stanton plant is called Oleander; and inquired why it is not called "East" and why it is just called Oleander. She stated shortly after Oleander came on the scene, Buccaneer did; it seems those two companies are connected and always have been; but to hear Oleander tell it, they picked the site because it was perfect, easy gas access, and gas would be available all the time; and she remembers a document that said that. She stated Oleander never gave Florida Gas a commitment; they said they did not give that commitment because their use was going to be too intermittent; and inquired why have then given Buccaneer a commitment. She stated she is confused about the gas line issue, and hopes the Board can get an answer to her question; and inquired if Oleander is not built and they do not have a commitment from Florida Power & Light or Reliant, why would they come to Brevard County.

Commissioner Voltz requested Buccaneer answer some of the questions.

A representative from Buccaneer advised the first question was regarding a contract with Oleander; as it stands today, they do not have a contract with Oleander; and that section of the pipeline will only be built if the Oleander plant is built and they have a contract with them. He stated regarding Florida Power & Light Canaveral Plant and Reliant Indian River Plant, they have competition with Florida Gas Transmission and Gulf Stream so they are unable to disclose who they have contracts with; but they have 50% of the capacity of the pipeline committed across the entire State. He stated they target existing power plants; the only merchant plants they have targeted in the entire State are the one in Lake County and the Oleander plant; and everything else is existing plants that are expanding or converting from another fuel source to natural gas.

Commissioner Carlson inquired if they cannot tell the Board what their commitments are, how do they prove they have a determination of need to the regulatory agencies; with the representative responding the application they submitted to the federal government have items that are confidential which they can see but cannot disclose to the public. He stated the federal government has those items; but because of the competition in a competitive market, they cannot disclose that information to the public because their competitors could come in and undermine them.

Another representative of Buccaneer stated the short answer to the marketing question is they already have a preliminary determination of need from the Federal Energy Regulatory Commission (FERC); they issued that in April; so they basically approved the project subject to environmental review which includes dealing with all the wetland issues and other environmental issues to the satisfaction of all the regulatory agencies they have to go through, including this Board in its determination of consistency with its Comprehensive Plan. He stated they have been certified as meeting a public need to provide natural gas to Florida.

Commissioner Carlson stated that does not answer her question; and inquired if it provides an accurate picture of the need for this community. She stated the Public Service Commission (PSC) looks at the State's needs; but how would the federal government understand where the County comes in as far as public interest determination or whatever the Board supposed to be providing to Buccaneer; and how do they know where it is coming from if the Board does not have any substantive information on what their intent is. She stated Buccaneer is positioning itself in the marketplace; but there are citizens interested in where the need comes from and how is it defined.

A representative of Buccaneer stated the demand for gas is largely self-generated by Florida's growth; it has grown a lot and is still growing rapidly; and it is pinched for energy. He stated it is the finding of the PSC, Governor, and Department of Environmental Regulation that there is not enough natural gas in the State; there is not enough electricity generating capacity in the State to meet the demands for ten years in the future; there is also significant air pollution problems in most of Florida's urban areas; so natural gas is the solution because large polluters can convert to clean burning fuel which will benefit everybody. He stated on the West Coast of Florida, they produced air pollution studies for some local governments that showed neighboring counties cleaning up their air benefited counties 50 miles away based on the air pollution modeling done by engineers who are experts in that field. He stated those are the two driving forces behind the demand for natural gas-clean up the air and provide energy for the next generation. He state FERC could make a determination to not approve the Leesburg lateral and approve the balance of the line; but the fact is they approved the whole pipeline from West Pasco County all the way to Brevard County based on determinants of demand and need that are recognized in their process in terms of things the federal government is trying to achieve relative to energy supplies and policy in this country.

Commissioner Carlson the big issue is the air pollution; as the Board went through discussions about the Buccaneer pipeline, the hope was that they were going to clean up some of the existing plants and there would be a commitment; now the Board does not know if there is a commitment because they cannot tell the Board there is a commitment; and that is the fog she has a problem with. A representative of Buccaneer stated that is the flaw in the processes; because of competitors they want to hold information on customers close to their vest; but the bottom line is Buccaneer, or Williams Company and Duke Energy who are the parent companies of Buccaneer have announced they have 50% of the pipeline subscribed to customers; and that is a significant number. He stated there have been articles in the newspapers on the West Coast where it takes about three of the large generators to commit to a pipeline and it is economically feasible; they are above what three plants would subscribe to; he is sorry they cannot give the Board more detailed information; but that is the way the process works. He stated typically they do not have to have customers to get federal approval; they just have to prove that the demographics is out there, the problems that will be solved with natural gas are out there, and they have 50% of the pipeline subscribed. Commissioner Carlson inquired how much property would be mitigated wetlands in Brevard County; with the representative responding they do not know yet; however, he knows the total wetland impacts, which they call temporary because they will change the function of the wetland from wooded to herbaceous, of the 38 miles the pipeline, there are 6.7 or 6.8 total acres of wetlands. Commissioner Carlson inquired about mitigation banking; with the representative responding that was put in there because when the application was submitted to Department of Environmental Regulation they did not have a handle as to what the exact mitigation would be because they traverse the entire State and have different issues across various counties. He stated some members of their staff are in contact with Brevard County staff on the EELS Program; and he does not know if it has been done yet, but it should be close to being submitted to Department of Environmental Regulation as proposed mitigation. He noted they will mitigate the impacts in Brevard County. Commissioner Carlson stated her concern was if there is going to be mitigation, it needs to be in the County and not some bank that will pay off somewhere else.

Commissioner Scarborough stated it is probably advantageous to the State to have another gas line coming into the region; gas is a part of the fuel source; right now it runs down the panhandle; and if the Board is making any effort to get Florida Power & Light to move to natural gas, there has to be availability. He stated his problem, which may be too simplistic, is he has no idea what he is supposed to vote on; the Agenda Report says, "transportation element requires that major transportation improvement projects and ancillary facilities including utility proposals be evaluated for consistency with the Comprehensive Plan"; the end of that report says, "meeting with the representatives from Buccaneer to discuss the wetland issues is scheduled for August 28, and staff will provide the Board with information resulting from that meeting as soon as it is available; and he assumes that information is being provided orally today as opposed to a written analysis. He stated it is not just what he sees but what he is required to determine under the law; it is not just how he feels but what he thinks he has to make a determination on; and the definitions are a little ambiguous. Commissioner Scarborough stated he cannot vote for this issue today without having a memo promised to him in the Agenda Report; it is not that he thinks another gas line is not going to help people of this area; but when the Board does something this major, it should have all the materials before it, so when similar issues come up at a later time, the Board will have documentation of where it went on this issue and why. Commissioners Carlson and Voltz stated they wondered where that information was also.

Commissioner Voltz inquired how did the LPA pass the item on July 17, 2000 before the meeting of August 28 and without the information the Board is looking for now. She stated she supports the project and thinks it needs to be here if the Board expects Florida Power & Light and OUC to clean up their act at some time; but the issue is where is the information they need to make a thoughtful decision. Commissioner Scarborough recommended the item be tabled; and Commissioner Voltz advised the Board will meet again on Thursday.

Jack Kirschenbaum asked to answer the question; with Commissioner Scarborough responding he wants it in writing from staff so it will be available ten years from now or it will be lost and become ambiguous and be misinterpreted by people for their own interests some time at some place unless it is documented. Mr. Kirschenbaum stated the LPA's recommendation is based upon the Comprehensive Plan. Commissioner Scarborough stated he takes that into consideration but is compelled to make his own determination. Mr. Kirschenbaum stated the only issue that is hanging out there is the relationship between consistency hearing and the new proposed wetland ordinance; with Commissioner Scarborough responding he did not ask that question and wants staff to write a memo.

Chairman Higgs stated she met with the representatives from Buccaneer last week; and what is unclear, even after reviewing the materials again last night, is the exact structure of the Board's decision on the consistency with the Comprehensive Plan. She stated it gets down to utilities and what those issues are, where utilities go, and how it relates to the rest of the Comprehensive Plan; she waited for the information from staff thinking a memo would be coming and all will be clear on the structure of the decision and how the parts relate; but she still does not have the structure and analysis of that decision. She stated that is where she is having trouble, and think that is where Commissioner Scarborough is having problems; and she does not have all the nuts and bolts of this issue to make a decision.

Mr. Kirschenbaum stated the only issue is they have to be consistent with Policy 2.4 which is the Transportation Element; and there are no other portions of the plan they would impact. Commissioner Scarborough stated if that is what staff writes to the Board that is fine; but he does not have that in any of the materials he received from staff. Chairman Higgs stated the Board has nothing but the applicants' presentations to justify what they want; they would not give the Board something that says it is not consistent; so lacking that information from the professional staff, the Board needs the opportunity to get that and review it. Mr. Kirschenbaum stated they are available to provide any information; and they believe they submitted everything, but have plenty more to submit if necessary. Commissioner Voltz stated they are waiting for information resulting from the meeting, compliance with wetland policies, etc. Mr. Kirschenbaum stated the only purpose of that meeting was to clarify the impact of the consistency application on the new wetlands Ordinance; and the reason it came up was because he came before the Board when it was considering the wetlands ordinance and asked that Buccaneer talk to staff about the amendment they were making to exclude the pipeline from the wetland Ordinance. Commissioner Voltz stated the Board did not get an answer if it does or does not impact the wetlands ordinance; with Mr. Kirschenbaum responding the answer is it does not. Commissioner Voltz stated that is what she was looking for and did not get. Chairman Higgs stated there are other questions raised in terms of the structure of the Board's decision; and they need that analysis. Mr. Kirschenbaum stated they will answer all the questions. Chairman Higgs recommended it be brought back in two weeks.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing on a request for Comprehensive Plan consistency review for the Buccaneer Gas Pipeline project until September 13, 2000.

Mr. Kirschenbaum inquired if the Board is asking its staff for an analysis on whether or not the project is consistent with the Comprehensive Plan; with Commissioner Scarborough responding not only that, but how to use the definitions to set the criteria to make the analysis. He stated before looking at the facts, they should look at the law; if they do not state something that has a basis under the law, they could have all kinds of facts; and he wants to know where he sits as a determinant under Policy 2.4, etc., and how to make the determination. He stated he has not been given the tools and rules. Commissioner Voltz stated she wants what criteria is used to say they meet consistency. Mr. Kirschenbaum inquired if the Board is looking to staff for that analysis; with Commissioner Scarborough responding they need to do that for the Board. Chairman Higgs stated if Mr. Kirschenbaum can help staff, that would be fine.

Chairman Higgs called for a vote on the motion to continue the public hearing. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY ASSESSMENT ROLL FOR FARNSWORTH AVENUE ROAD PAVING MSBU

Chairman Higgs called for the public hearing to consider a resolution confirming the preliminary assessment roll for Farnsworth Avenue Road Paving Municipal Service Benefit Unit (MSBU).

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution confirming the preliminary assessment roll for the Farnsworth Avenue Road Paving Municipal Service Benefit Unit and recording of the assessments in the Brevard County Clerk of the Courts Official Records Book; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY ASSESSMENT ROLL FOR JUDY KAY ROAD PAVING MSBU

Chairman Higgs called for the public hearing to consider a resolution confirming the preliminary assessment roll for Judy Kay Road Paving Municipal Service Benefit Unit (MSBU)

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution confirming the preliminary assessment roll for Judy Kay Road Paving Municipal Service Benefit Unit and recording of the assessments in the Brevard County Clerk of the Courts Official Records Book; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION, RE: PROPOSED CHARTER AMENDMENT FOR COMMISSION SALARIES

Barbara Jagrowski stated she prefers Option 2 which gives the Board three choices.

Maureen Rupe stated she has no preference on what option the Board chooses, but wants it to vote on something today; and Option 2 is the same option she put before the Charter Review Commission, which did not act on it. She stated if the cost of living is approved by the Board, it still leaves it in its hands, when the whole point was to take it out of the hands of the Board.

Commissioner O'Brien read and explained options, the ballot summary, and excerpts from the text; stated Option 1 is clear that it would be the CPI percentage increase or percentage increase approved by the State for county commissioners in non-charter counties with like population, and that it will never exceed State guidelines, and satisfies the concerns expressed by the Commissioners.

Discussion ensued on the options, clarity of the ballot language, taking the decision out of the hands of the Board, and the State guidelines.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Option 1.

Commissioner Carlson called a question on the motion.

Commissioner Scarborough stated he will vote against the motion because of the additional things he would have to explain. Chairman Higgs stated she will vote against the motion because it should be left where it is and let the Charter Review Commission handle it when it meets again, since anything the Board does will be considered the wrong thing to the public.

Chairman Higgs called for a vote on the motion. Motion carried, but not by majority vote, as Commissioners Scarborough and Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution calling a special election on November 7, 2000, on the question of whether Section 2.6 of the Home Rule Charter for Brevard County should be amended to provide that increases in county commissioners' salaries should be limited to the lesser of a percentage represented by the annual increase in the CPI or the percentage increased approved under State law for county commissioners. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTIONS, RE: PARKS AND RECREATION REFERENDUMS

Parks and Recreation Director Charles Nelson explained the differences in the four Parks and Recreation Referendums for North Brevard, Merritt Island, Central Mainland and South Brevard.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolutions calling bond referendums on November 7, 2000 on the question of whether Brevard County should finance the cost of acquiring, constructing and maintaining recreational facilities within the North Brevard Recreation Special District by issuing limited ad valorem bonds not to exceed $15,100,000 and levying an ad valorem tax not exceeding eight-tenths of one mill on property within the Special District; whether Brevard County should finance the cost of acquiring, constructing and maintaining recreational facilities within the Merritt Island Recreation Municipal Service Taxing Unit by issuing limited ad valorem bonds not to exceed $13,000,000 and levying an ad valorem tax not exceeding eight-tenths of one mill on property within the Taxing Unit; whether Brevard County should finance the cost of acquiring, constructing and maintaining recreational facilities within the Central Mainland Recreation Special District by issuing limited ad valorem bonds not to exceed $15,7000,000 and levying an ad valorem tax not exceeding nine-tenths of one mill on property within the Special District; and whether Brevard County should finance the cost of acquiring, constructing and maintaining recreational facilities within the South Brevard Recreation Special District by issuing limited ad valorem bonds not to exceed $45,000,000 and levying an ad valorem tax not exceeding six-tenths of one mill on property within the Special District. Motion carried and ordered unanimously.

Commissioner O'Brien advised the Board gave the fire fighters $20,000 to get their referendum question to the public; the Sheriff also received $20,000 for his referendum question; and Parks and Recreation improvements are very important to Brevard County

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve $20,000 from General Fund Contingency to be spread among the four Parks and Recreation Sectors to educate the public on the Parks and Recreation referendums, and to be spent as determined by the Sector Advisory Boards.

Commissioner Scarborough stated he cannot support the motion because of the fine line between education and propaganda. Commissioner Voltz stated the Board would not be doing its job if it does not give the public information on what the $45,000,000 will be spent on. Commissioner Carlson stated it is not to express views but to provide data that people need. Commissioner Scarborough stated people will succeed if the Board stays out of it. Discussion ensued on promotion of the EELS referendum without County funds, advising the public on the of projects in each area, preparing brochures, and letting the Sector Boards handle things.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner Scarborough voted nay.

PERSONAL APPEARANCE - PATRICIO BARRIAL, RE: WEST CANAVERAL GROVES BUILDING PERMIT

Patricio Barrial was not present at the meeting.

PERSONAL APPEARANCE - VICTOR BARRETT, RE: VIOLATION OF CIVIL RIGHTS AND IMPROPER INVESTIGATION OF BACKGROUND

Victor Barrett advised of his prior employment as an engineer at the largest nuclear power plant, and about problems in Pennsylvania with underground utilities destroying lands and homes; and cautioned the Board about the potential impacts of Buccaneer gas pipeline. He stated he received several communications originated from various members of the County put to them by the Commissioners to answer various things he raised; one interesting point is Don Lusk said the inspectors agree with the Barretts and found the work to be unacceptable; and he tried to tell the Board about the handyman who tried to steal his house and whose work was so atrocious that he could not sign off on it. He read from a document, "We have received information from the public records that Barretts may have owned a life estate in a condominium located in Broward County during this period"; and stated whoever wrote that does not know what a life estate is; he did not own it; his son owned it; he was not the fee simple person or even listed on the deed; and he is not evil or a liar, but there are people in the County who are. He stated an attachment to the document talked about his terrible adventures in the County where he came from; it said the County and an attorney got sanctions against him for $17,000 plus; and that is a lie. He stated the city attorney did not like him because he exposed him for what he was in a newspaper that he put out. He went into great detail about the abominable acts of people in Broward County; stated they broke into his home and took his computer which was his means of publishing his newspaper; and he filed a lawsuit against them on the federal and State level, then let the federal case go because his main strength was in the State; and everything they claimed was overturned by the State Supreme Court in his favor. He stated those are the same kind of people he runs across in Brevard County; he used to work for Harris as an engineer; he is not a bum and objects to be treated as a bum; and he objects to his wife and he being treated as trash which is what has happened to them because they raised questions. Mr. Barrett stated the Board has hurt them by not helping them; he came to the Board pleading that some people in the County are evil and were caught up in a quagmire of evilness as the Board is when it does not fight for them; the Commissioners are the elected officials whose responsibility is to do what has to be done; and if it has to throw every single person out of an agency, it should do that. He stated if the Board wants someone to check on the gas people, he would do it; and advised of his run for office and saying they did not have to pay him a salary which made people think he was crooked.

Chairman Higgs advised Mr. Barrett his time was up. Mr. Barrett stated there were others who spoke today on an issue from 1:27 p.m. to 2:23 p.m.; it is a matter of record and is on tape; and now the Board wants to cut him down. He stated the Board can tell him to get out, and can throw him out; and he has been thrown out of more Commission meetings than the Board can possibly imagine because he said he wanted to speak and had a right to speak, and raised a point of order. He inquired if anybody knew about Roberts Rules which he has memorized almost completely because he was a parliamentarian with the largest and most powerful political organization in the State of New York and helped Ronald Reagan get in office and met Richard Nixon; and inquired how many people can say that. Chairman Higgs again advised Mr. Barrett his time was up. Mr. Barrett asked the Board to help them and help itself, and he would promote what the Board thinks is correct and proper.

Jeanette Barrett advised her husband asked why the County Attorney had people check up on them like they were criminals; and inquired who ordered it. Commissioner Carlson stated it started with her question about the Broward County location; that was the response the Board got back; and she does not know how she put the question, but remembers asking. Assistant County Manager Don Lusk advised it started when Commissioner Carlson asked the question how a person from Broward County would be eligible for a Brevard County program. Commissioner Carlson stated she asked the question because they were still living in Broward County and would be moving to Brevard County but lacked longevity here. Ms. Barrett inquired if that has anything to do with the First Time Home Buyers Program; with Mr. Lusk responding it is State money allocated to Brevard County, but residency does not make a difference. Ms. Barrett stated her husband and she came to the Board because of the problems with the handyman; and how the Board can let the First Time Home Buyers agency protect someone who did not even have a contract with them and go along with it, she does not understand. She advised of problems with the handyman and Mr. Falotico's lies, Judge Silvernail's order, and everything that happened to their house. She stated they asked the Board to look into it, and instead they looked into them like they were doing something wrong. She stated the County said it was not involved; the County Attorney's office said they had nothing to do with it, but they did because the County went against them and their contract in court; and requested Commissioner Higgs look into it because it is in her District. Ms. Barrett stated she asked everyone on the Board to look into it; after waiting six hours to speak, everybody was sleeping; and she did not appreciate that. She stated it would have been over a long time ago if the Board had looked into the First Time Home Buyers Program instead of looking into them like they were criminals; and they never did anything wrong in their lives except tell the truth.

Commissioner Carlson requested the County Attorney advise what the Barretts' options are so they do not have to come back and address the same issue over and over again.

County Attorney Scott Knox advised the options for the Barretts is to go to see the State Attorney because there were allegations of criminal wrongdoing; and if that is what they want to do, that is what they need to do. He stated there was a civil action involving the Barretts which they lost; they can appeal that if they choose to do that; but beyond that, he is not sure where they need to go. He stated they cannot come to the Board because they are asking it to look into a matter that deals with an employee; that is beyond the Board's purview under the Charter; and there is a Charter provision that says specifically it is malfeasance or misfeasance to look into employee operations on a day-to-day basis. He stated the answer is they either use the judicial system and appeal the decision they did not like, or go to the State Attorney if they think there is criminal violations.

RESOLUTION, RE: PORT ST. JOHN INCORPORATION STRAW BALLOT

Commissioner O'Brien stated he has no problem with the straw ballot, but the question leaves out important information; it says, "Shall there be a study to determine the feasibility of establishing a new municipality encompassing the Port St. John area of Brevard County"; but it does not ask if they are willing to pay for the study if they say yes.

Commissioner Scarborough stated Commissioner Higgs and Carlson raised the same issue, but putting it on the ballot does not indicate there is going to be payment by the Board for it; the question is to determine if there is support in Port St. John to move beyond this point, and if not, the item is dead; and they do not need to pursue it further. He inquired if they should run the numbers, find out what a study would cost, go to University of Central Florida, etc. if there is no support, or see if the votes are out there first.

Discussion ensued on different scenarios regarding who would pay for the feasibility study, including in the straw ballot question "which the citizens of Port St. John would pay for," the Board not making a commitment to fund or not fund the study, and Merritt Island and Suntree's efforts.

Maureen Rupe advised the straw ballot is to determine if there is enough interest in Port St. John to go forward with a study; if there is no majority support, then it is a dead issue; they do not want to waste time and energy raising money for nothing; they just want to know if there is enough support for a study. She stated if it passes with a huge majority, she and Mary Tees may come back and ask the Board for funding; and if they cannot convince the Board, they will look in other directions, because there are other options if the community wants it. She stated the committee has 88 members; there is a lot of interest on this issue; Port St. John is different than Merritt Island which did not have a threat of force sewer; and they are in a precarious position between Titusville and Cocoa. She stated it would behoove the Board to let them go forward because if they were forced on sewer, the price of a study would be peanuts to what it would pay in legal fees. She stated they just want a change to go forward to know if there is a majority support in Port St. John to go forward with a study.

Commissioner O'Brien stated he did not mention having to have money before it went on the ballot; and the issue is whether the public is being informed that there will be an attached cost to form a municipality. He stated they may vote no because it would cost them money, but that is their choice. Ms. Rupe stated there may be options where the people would not have to pay for it; the funds could be raised or whatever; and they would address how they would pay for it later. Commissioner O'Brien stated it is a matter of deception.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution correcting Resolution No. 2000-207, calling for a special straw ballot election on November 7, 2000, on the question of whether a study should be undertaken to determine the feasibility of establishing a new municipal corporation that would encompass the Port St. John area of Brevard County.

Commissioner O'Brien stated he cannot support the motion because the question does not relay all the information the public should have which includes there may be an associated cost.

Commissioner Scarborough stated if Suntree had done the straw ballot before they spent the money on a study, they may not have had so much heartache because they would have had an initial indication the support was not there; and all their good intentions and efforts and the money spent on the study were for naught. This question just asks if there should be a study; and if it comes out no, the 88 people on the committee would not have wasted three years of their lives in the process.

Commissioner O'Brien stated he did not say they needed money up front; he did not want a study up front; but he wants it embodied in the question that there may be an associated cost and who may be responsible to pay for it.

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

The meeting recessed at 3:09 p.m., and reconvened at 3:15 p.m.

PUBLIC COMMENT - CLARENCE ROWE, RE: TAX ABATEMENTS

Clarence Rowe expressed concern about all the tax abatements and what the County is getting for its bucks. He stated they are low paying jobs; and inquired how do they come up with the pay. He stated the average wage is $22,000 a year; very few secretaries make $22,000; and the program should be done away with and a new program where people coming into the community with jobs that will assist the economically disadvantaged. He stated 11 companies were approved that did not move in; they should pay decent salaries so the people can become self-sufficient; and the Board should get a true picture and not an average. He stated Mr. Lugar should tell the Board the facts and results. He requested the Board abolish the program and have those coming in pay premium salaries and not give away taxpayers money.

Commissioner O'Brien inquired if Mr. Rowe voted in favor of tax incentives in 1994; with Mr. Rowe responding no. Commissioner O'Brien stated the majority of voters said yes, and the Board is trying its best to provide a good program. Commissioner Rowe stated it should be abolished if it is not offering anything to the local community to live in a decent environment or buy a home.

Chairman Higgs stated the Board asked for additional information on how the programs is working; in 1994 the voters approved it; and the Board has looked at the criteria many times and will look at it again. Commissioner Voltz stated those are step up jobs and will pay more than fast food restaurants.

PUBLIC COMMENT - TOM FARRAR, RE: PROPERTY APPRAISAL OF FLORIDA TODAY BUILDINGS

Tom Farrar advised a few months ago he saw a list of property assessment values for Florida TODAY that B. B. Nelson passed around; and the assessed value for Florida TODAY's real property alone dropped by $4.6 million within a four-year period, while the value of his home and his neighbor's home went up. He stated Jim Ford address the problem by sending a CYA letter to Commissioner Voltz; and in that letter he pointed the finger at B. B. Nelson for bringing attention to the issue, and at the prior administration, passing the buck as he normally does. He stated he talked to the two field evaluators who checked the Florida TODAY site after the assessment dropped $3 million in 1993; one of them, Cynthia Gallagher-Grady provided him with an affidavit that states, "In 1994, while I was employed by the Brevard County Property Appraiser's Office, Dennis Anton and I were field checking the Florida TODAY Newspaper on U.s. 1 between Viera and Melbourne, Florida. The building card that we had with us had listed a building height of 18 feet for the Florida TODAY print plant. We determined that the true height for the print plant was actually 30 feet, so Mr. Anton changed it from 18 feet to 30 feet on the building card. When we returned back to the office, Mr. Anton reported the problem to our supervisor Bud Yeager since he felt that someone had purposely altered the height to lower the assessed value. Mr. Yeager told Dennis to back off, and later tried to get Mr. Anton fired.

Fearful of losing his job, Mr. Anton went to the Titusville office to meet Jim Ford and Frank Johns. Dennis told me that he told Mr. Ford and Mr. Johns that he felt that Bud Yeager was trying to get him fired for correcting the building height at the Florida TODAY Newspaper. They told Mr. Anton not to worry, that Yeager wasn't authorized to fire anybody, and that they thought Mr. Anton was doing a good job. We continued to watch the assessment from time to time. It appeared to be swept under the carpet; however, the record shows the truth." Mr. Farrar stated the problem still exists; Mr. Ford knows about it; and Mr. Ford was told about the problem, then apparently tried to cover it up in a February 11, 2000 letter. He stated by County Charter, the Property Appraiser's office is a department within Brevard County; and requested the Board file a claim with the Ethics Commission against Jim Ford for violating Florida Statutes, Section 112, for misuse and mismanagement of his office. He stated the papers he presented to the Board include the affidavit from Ms. Grady and the building cards; the first card is for the print plant showing the changes in the height; it was changed several times; and the building drawing card lists some of the building permits that were taken out when the building was built. He stated altogether they total $22.5 million; that does not include the paved areas, the property and maintenance garage in the back; and that is what they are saying they started with, but usually people end up spending more than what they say on the building permit. He stated another item is an article from Florida TODAY newspaper from March 23, 1986 where they brag about spending $50 million plus for their new plant; and on the last page is the Ethics Commission's complaint form. He requested the Board send a message that this will not be tolerated by filing the complaint.

PUBLIC COMMENT - BEA POLK, RE: PROPERTY APPRAISER'S OFFICE

Bea Polk advised the last time she came to the Board, she was told she did not give it time to look at all the things that the Property Appraiser turns in for his budget; so this year she is doing it early and will show the Board in a book where the money goes. She presented a book to the Board. She stated they had sex investigations and never came up with anything; and the book is just part of what happened. She advised of Mr. Ford's and his assistant's salaries; and stated they have a little over 100 employees, so the Commissioners are underpaid. She stated Mr. Ford is under the Charter, but the State decides what money he gets; some quotes she heard were, "Well, if they don't get money, we don't get a raise"; so everybody worries about his own pocket and not the taxpayers. She stated it is a disgrace what those people are making for the hours they spend; and Commissioner O'Brien goes along with it because he has not done the taxpayers much good either.

Commissioner O'Brien inquired if Ms. Polk is complaining about the Property Appraiser's Office because daughter is running for Property Appraiser and was fired by Mr. Ford; with Ms. Polk responding yes. Commissioner O'Brien inquired if she is suing the County; with Ms. Polk responding if she is suing Jim Ford, and Commissioner O'Brien said he is not the County, is she suing the County. Chairman Higgs recommended Ms. Polk finish her comments.

Ms. Polk stated it is time for the taxpayers to get their money's worth; the next book will be about how they hire people who are hit by politicians; she is getting all kinds of statements from people who said they never got another job; and she can say that is true because it happened to her. She stated it is time the public knows what is going on; this is not the first time she has fought taxes; and if the people in Port St. John want the study, the County should pay for it because they are taxpayers. She stated she wants the Board to go over the budget like it did the Sheriff's budget. She stated it is time elected officials know what is happening; most of it is public record; and requested the Commissioners read the book and come to their own conclusions.

PUBLIC COMMENT - NELLY STRICKLAND, RE: JESS PARRISH MEDICAL CENTER

Nelly Strickland advised of alleged wrongdoings by the North Brevard Hospital Board, that its Attorney Harry Jones should be brought before the Board for not producing the affidavits regarding the Titusville City Council's incident, and that the Hospital Board gave the YMCA $198,400 and $250,000 prior to that. She stated Parrish Medical Center is supposed to give money only to medical causes and not the YMCA; and necessary services could have been provided, such as paved roads and water resources, for the money donated to the YMCA. She stated she has minutes that will back up what she said.

PUBLIC COMMENTS, RE: OLEANDER POWER PLANT

Craig Bock expressed concerns about the Stipulated Settlement Agreement regarding Oleander Power Plant and whether the site plan passed is valid. He stated the County rules say there should not be anything in the buffers; four of the five Commissioners he spoke to said they did not see the site plan when they entered into the Agreement; and inquired if they broke the law or zoning regulations by allowing buildings or structures in the buffer, does the Board have a lawful agreement. He requested the Board slow the process down; stated every time they bring forth complaints to the Zoning Department or Building Department it seems the process speeds up; all of a sudden the site plan was approved; and he speaks not only for the people who are here but the over 1,700 people who signed the petition and several hundred who have been in the Commission Chambers before. He inquired how the Board can enter into an Agreement that does not align with the Zoning or Building Codes; stated the Agreement was written by the lawyers for the Oleander Power project and brought to the County with a threat of lawsuits; the County backed down and signed the Agreement; and he believes the Board was not well informed. He again requested the Board slow the process until it can be investigated if the Agreement is legal and valid because many people have concerns. He stated the Board needs to determine if it is in the best interest of the citizens it represents; he wants to see justice served; it is important to get an outside look, maybe another attorney to look at the Agreement; and he feels somewhat challenged when the County Attorney has different opinions on it in a short time. He stated the attorney representing Oleander basically said they withdrew the determination of wetlands at the advice of the County Attorney; they withdrew the ability for the public to speak; and he is concerned about those things. He stated the Board has not dealt with the wetlands issue; it dealt with a lot of issues, but not wetlands as a public group before the Board; they withdrew it and took away the rights of citizens to speak on the subject; and they did not withdraw it because of any determination made by zoning officials, they did it on their own to bypass the public scenario. He stated he is not an attorney but believes it is an illegal Agreement; and again asked the Board to stop the process and direct staff to stop the process because every time they question or send a memo with questions it continues to go on.

Richard Mickle, President of Port St. John Homeowners Association, requested the Board set a public hearing to review everything that is going on with Oleander for the reasons being stated today. He stated there are a lot of unanswered questions; a lot of things were brought up today such as the pipeline; there were questions asked today that he never heard before; and there are questions they never got answers to because Oleander will not answer them. He requested a public hearing so the people can voice their opinions and get answers to their questions.

Marlene Waters stated since she was here complaining about the public interest review being canceled, a lot of issues have been raised, yet the site plan got approved at record speed; and it seems like the more things were raised, the faster the process went. She stated she gave the Board a copy of a memo she wrote to Mel Scott based on phone conversations she had with Mr. Scott and Mr. Moia about structures being allowed in the buffer; she also made copies of the original site plan and the latest and greatest that she had as of August; and she drew red lines showing approximately where the buffers were that they provided for in the Stipulated Settlement Agreement. She stated Mr. Knox said it is a contract, but everybody is confused as to what it actually is; and inquired if the Board approved the power plant when it entered into the Agreement, as Florida TODAY Newspaper, the public, the Board, everybody involved, and even staff took it to mean the power plant was approved. She stated in reviewing the Agreement in detail, it goes on forever, even pass the building and operating of the plant because it is connected to the operation and performance, so it is an ongoing thing. She stated the site plan is only one part of it; it did get rushed even though a lot of issues were raised and a lot of questions that were asked were not fully answered, like the structures in the buffer; she asked Mr. Scott about that and he said they are not allowed, then two days later he said they had to do it because it was in the site plan before that the Board approved; and inquired if the Board approved the site plan, and was it's intent to approve structures in buffers. She stated in the Fact Book from Oleander, page 15, which she gave the Board, has the same numbers and buffers except the rear buffer where they were going to give the County 700 feet which turned out to be 25 feet; they said they had so much extra land they were going to give the County those buffers; so that was put in the Agreement, and does not say they were going to put some buildings in those buffers. She stated she asked Bruce Moia about the 15% impervious surface which the Agreement says they will limit themselves to; in the original plan it was 88% plus pervious and 11% plus impervious; in the latest plan it was 9% plus impervious and only 67% pervious; now it is 23.7% semi-impervious; and inquired how would they calculate total pervious, which is answered in the letter she passed out to the Board that says they do not know how to calculate that. She explained how she would calculate it by common sense; and stated it is unclear, yet the site plan got approved the very next business day after she raised those issues without getting answers. She stated the Board entered into the Agreement; it knows what its intent was; and it is the only one that can determine the content as it is the party to the contract and not the staff.

Nicki Kisner, President of Canaveral Groves Homeowners Association, advised their concern is there are a lot of gray areas they do not understand; and they are not sure if the Commissioners know what they signed and got into, how much was coercion, and how much was legal. She stated there are too many unanswered questions whether it was done properly or if it was done to get it out of everybody's hair.

Bob Waters stated as governmental leaders of the community, the Commissioners must have an open mind to what everybody has been telling them; and reiterated the history of how Oleander first came to Brevard County requesting tax abatement, withdrew the application, and rushed the site plan in under the red flag doctrine. He stated there was a big question whether the site plan was really complete; staff would tell the Board it was; the Board has a copy of the site plan dated the 17thl; Mr. Moia told him he guarantees since he has been in charge of the Department everything that comes in gets stamped the day it comes in; and inquired if a judge were to hear that, would he rule it was received on the 14th or the 17th. He stated he is not a lawyer and does not know, but it would bring up a question to him. He stated Oleander gave misleading information in the Fact Book; it filed two lawsuits against the County; the County then entered into a Settlement Agreement, or binding development plan which it was called, or a site plan approval, or simply a contract; and gave a scenario of a piece of apple pie and a cobbler not being the same thing. He stated everybody has to follow it; and inquired if they are following it by making all those changes, especially changes staff did not ask for. He noted most of the changes are unilateral. He stated the next issue I the public interest review; they pulled out of it, and do not need to build in the wetlands; and inquired why did they try to do it in the beginning. He stated there was a comment in the Florida TODAY Newspaper; all of a sudden, Gregory Marks is writing the Board again saying he is going to sue; and bullies will keep doing that until the Board stands up for itself. He requested the Board take time to think about this issue and whether it is doing the right thing, is it being done by County Code, or should it have someone look at it to make sure the County is right or they are wrong, or the County is wrong and they are right.

Commissioner Carlson advised she has set up a meeting on September 5, 2000, at 3:00 p.m. in the Government Center, for all those who are interested in the answers Mr. Knox provided to the questions that came forward because some people thought there were discrepancies; Bruce Moia, Mel Scott, Peggy Busacca, and Scott Knox will be there to answer any questions; and inquired if some of the questions that were raised today were included in the materials he received and answered so far, and is something going to be missing.

County Attorney Scott Knox advised everything he has heard today has been answered; if they want to ask more questions about further clarifications or about things they do not understand, he will be glad to answer them. Commissioner Carlson stated she understood the people were going to come to the meeting, they would talk about the issues and find out if there were other issues; the issues she heard today sound like the same issues, but she may be wrong because it gets foggier and foggier as people keep raising the same issues and things do not seem to be getting clarified to the extend that everybody wants them to be. She stated Ms. Busacca keeps a documented recital of all the different things that have happened on the Oleander Power Plant; it would be nice to have copies provided to the Board for review of the entire process from the beginning through the lawsuits and why the Stipulated Settlement Agreement was created.

Chairman Higgs stated the meeting with the people seems like a good step to get the questions answered.

Commissioner Scarborough stated in addition to the people who spoke today, he received a letter from Mary Todd of the Sierra Club who expressed similar concerns that her questions were not answered; she also raised other questions; and inquired if this will come before the Board in a hearing format; with Mr. Knox responding he provided that answer in the memo that was distributed to the Commissioners and assumed everyone who asked questions got copies of the memo. Mr. Knox stated the Board has a right to appeal Debbie Coles' determination on the wetlands; and if the Board wants to discuss the contractual issues, it can do that. Commissioner Scarborough stated there is also a site plan appeal procedure; if they do not like the site plan approval and how it was done, they can appeal that to staff; so there are three separate issues. Commissioner Scarborough inquired if the wetland determination ceases to be an issue; with Mr. Knox responding unless there is some conflict as to what a wetland is, that is not an issue. Commissioner Scarborough stated there is the contractual issue that can be discussed by the Board, and there is the site plan approval issue; this issue will keep going around until there is some finality brought before the Board on the issues raised by the people; and maybe a hearing process to go down each issue should be set up.

Chairman Higgs stated the preliminary meeting, including Ms. Todd and everybody who wants to be there is important; then it can be scheduled for the Board to review any outstanding issues, otherwise it will keep going until the Board does that; however, it would not be a formal petition to the Board for a hearing. She stated she received several letters and sent them to Mr. Knox; but she does not know if they are considered formal petitions requesting Board action.

Mr. Knox advised if someone wants to file an appeal of the wetlands determination, they can submit that to staff to get it processed; and there is a 30-day time frame on that. He stated the site plan approval, which was done a couple of weeks ago, can still be appealed to the Board, but he does not know if there is a time limit on that. He stated if they want to file a formal appeal for site plan approval, they can do that and bring it to the Board to let it decide the issues; and that is probably a good way to get rid of the problems once and for all.

Commissioner Scarborough stated there could be multiple hearings because there are separate groups challenging on separate grounds; the Sierra Club said it would go its own way; the Homeowners Associations and Clarence Rowe are going different ways; so there is not one person protesting an action, but a number of people representing various groups with different concerns wanting to express them. He stated Mr. Knox gave three potential appeals; he is not sure they will all come together; and it would be good to have a methodology where they can bring all the issues together and let any party opt in or out of that discussion. Mr. Knox stated the site plan appeal is the best mechanism to get all the issues before the Board because it involves the site plan, the zoning procedures that were followed in adopting it, and the interpretation of the Agreement, which required certain things be done in conjunction with the site plan. Commissioner Scarborough stated there are various people expressing various views; somehow the Board needs to facilitate them, otherwise all the groups will be asking for hearings. Mr. Knox stated if they want to attend the meeting on September 5th, they can go over all the questions, then decide which way they want to go, as he cannot choose for them. Commissioner Scarborough inquired if there is a way to put all the relevant issues from all interested parties together to be heard at the same time rather than having it heard at the end of every meeting; with Mr. Knox responding the best way to do it in his opinion is to have an appeal on the site plan which brings up all the issues; and if the Board thinks there is something that was not covered by the site plan appeal, it can create another Agenda item. Commissioner Scarborough inquired if the intent of the Stipulated Settlement Agreement should occur simultaneously with the site plan appeal or should that occur separately; with Mr. Knox responding that would be part of the site plan appeal because what is in the Agreement goes directly to what has been approved in the site plan and the two cannot be separated. Commissioner Scarborough stated part of the problem is the people do not understand the ground rules.

Commissioner O'Brien stated there may be a way to get all the parties together and that is to make a formal appeal after the informal meeting with staff and Commissioner Carlson; those interested parties can be contacted to find out what they want to include in the Agenda item for discussion; and if at the end of the meeting the outcome reveals there is grounds for legal appeal because of something the County did incorrectly, then they could take that avenue, but the starting point is to have that informal meeting. He stated if after the meeting they feel certain areas should be re-addressed, formal action can be taken after that. He stated it could reduce the questions by having a meeting on the issues that are important and relevant. Chairman Higgs stated that may be fruitful, but the Board needs to assume it will hear it on another occasion, so it should try to bring it together and get on with it.

Chairman Higgs inquired if there is a time frame, as she does not want to mislead the public into thinking they have met a formal time frame; with Mr. Knox responding the site plan appeal has no time frame. Chairman Higgs inquired why; with Mr. Knox responding he does not know why, but that is the way it reads. Chairman Higgs inquired if Constellation can expect that its site plan approval would only have a certain time frame during which it could be appealed, and after that time would it stand; with Commissioner Carlson responding a site plan expires, so there has to be a limitation to the appeal. Mr. Knox stated he would think it would be in the Ordinance, but there is nothing in the Ordinance for a 30-day appeal period on site plans. Chairman Higgs inquired if there will be time after the September 5th meting for individuals to make a formal appeal on the site plan; with Mr. Knox responding individuals who are interested in appealing the site plan should go ahead with the meeting on September 5th but file their appeal immediately which can be amended if there are specific issues they want to talk about.

Chairman Higgs inquired if it is filed with the County Attorney; with Mr. Knox responding no. Commissioner Scarborough requested the County Attorney put together a memo on what they should do and each appeal methodology so they can refer to it.

Assistant County Manager Peggy Busacca advised Section 62-3107 says, "The request for appeals shall be submitted to the Land Development Section who shall schedule a hearing before the Board of County Commissioners within 30 days of receipt of a written request. The request shall contain the basis for the appeal." Commissioner Scarborough inquired if that is appeal of the site plan; with Ms. Busacca responding yes, including the Settlement Agreement which is part of the site plan and clearly shown on the site plan. Commissioner Scarborough inquired if something adverse to Oleander came out of the appeal, would it raise issues; with Mr. Knox responding they should get notice of the appeal.

Chairman Higgs advised if someone wishes to appeal the site plan approval, he or she needs to send it to the Land Development Section; Mr. Knox advised it should be done as soon as possible citing concerns; Commissioner Carlson will host a meeting on September 5, 2000 to deal with the issues; and the Board will wait to see what transpires from that meeting.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:13 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)