July 24, 2001

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 24, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Vice Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Chairman Sue Carlson.

ANNOUNCEMENT

Vice Chairman Scarborough announced Chairman Carlson lost her father, Gene Daniels, this morning, and will not be present today; and expressed sympathy to Chairman Carlson and her family.

The Invocation was given by Commissioner Jackie Colon.

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

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the Minutes of the April 19, May 15, and May 29, 2001 Special Meetings, May 3, and 24, 2001 Zoning Meetings, and May 22, 2001 Regular Meeting. Motion carried and ordered unanimously.

ITEM REMOVED FROM AGENDA

County Manager Tom Jenkins requested Item III.B.3, Approval of Naming Recreation Area at James G. Bourbeau Memorial Park as Leroy Wright Recreation Area, be withdrawn as Mr. Nelson requires additional time. The Board accepted withdrawal of the item.

DISCUSSION, RE: BREVARD COUNTY SHORE PROTECTION PROJECT, SOUTH REACH
FUNDING

County Manager Tom Jenkins stated the Board requested staff come back with ideas on the beach renourishment funding issue; he, Virginia Barker, and Steve Peffer put together a report to the Board; and the Commissioners may have other ideas as to how to proceed.

Virginia Barker, Natural Resources Management, stated there was $8.5 million in the House budget; the Senate cut it to $200,000; and the County's last chance to get the funding to begin the South Reach construction this year is to get into the Conference Bill, which will be on the schedule for the second or third week of September, 2001. She stated there are a few things the County can do to work its way back into the bill; and that includes lobbying in person in Washington, D.C., calling in favors, and citizens writing letters. She stated the Agenda item gives the Chairman authority to sign letters for the Board requesting a more suitable allocation; and it also provides options for the Board to consider in terms of encouraging the public to write letters to their Congressman. Mr. Jenkins stated staff needs direction from the Board which, if any, of the options it wishes to pursue.

Commissioner Higgs stated she would like to begin with those items that seem most essential, such as going to Washington, D.C. to have face-to-face meetings with the appropriate people and coordinating that through the Port, visiting with the Editorial Board as well as with appropriate radio stations that would let Ms. Barker and others explain the situation fully, and sending communications as quickly as possible to people assigned to the Committees which will negotiate the final budget. She stated prior to making a public request through direct mail, etc. the Board needs to clearly understand the status of the situation; and she would like to take the other actions first. She stated Commissioners can communicate within their Districts to let people know the status; but before moving to a pre-printed insert or advertisement, she would like to see the Board clearly define through face-to-face meetings the status of the program.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve all options, including pre-printed color letters distributed through Florida TODAY newspaper, visiting with the Florida TODAY Editorial Board, writing guest editorials in Florida TODAY, pre-printed letters distributed through direct mail, newspaper advertisement, an e-mail campaign, and visiting radio talk shows; authorize the Chairman to sign letters on behalf of the Board requesting a more suitable allocation for the Shore Protection Project; and authorize any Commissioner to travel to Washington, D.C. to meet face-to-face with appropriate people, in coordination with the Port, and come back.

Commissioner Higgs stated when someone comes back from Washington, D.C. and reports, the Board can decide on inserts or advertising; and e-mails to appropriate and involved parties is not a very expensive option that can be done.

Commissioner O'Brien stated nothing beats face-to-face meetings with people; and working with the Port is very important. Commissioner Higgs stated Commissioner O'Brien was the point person on this issue, and was successful in getting the first round of funding; and the Board needs the support of those who made it happen the first time. She stated when the project was divided, it was understood the effort goes on until it is finished; and she has a strong commitment to the completion of the project. Commissioner O'Brien stated he has written letters and made telephone calls to Washington, D.C. and spoke with a few of the Port Commissioners. Commissioner Higgs stated the Port is with the County on this project.

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

REPORT, RE: BANQUET FOR DR. DiPATRI

Commissioner Colon stated on Saturday a banquet is being held in honor of School Superintendent Dr. DiPatri; and expressed appreciation to David Schoenberger, Coleman Goatley, and Bill Ellis who are making the banquet possible. She stated the event is to show Dr. DiPatri how thankful the community is for his presence, and to allow him to meet with people one-on-one.

REPORT, RE: DEER RUN

Commissioner Colon stated she was at Deer Run for most of the weekend; the item is on the Agenda for detailed discussion; and expressed appreciation to her fellow Commissioners who asked during workshops last week about the status of Deer Run.

REPORT, RE: YOUTH WORKSHOP

Commissioner Colon stated at 12:00 noon on July 29, 2001 at Grant Street Community Center there will be a workshop for youth on how to deal with the pressures of gangs and drugs; and if anyone would like additional information about the workshop, they may call 253-6611.

ITEM MOVED FOR DISCUSSION

Vice Chairman Scarborough requested Item III.A.11, Permission to Advertise Public Hearing for Ordinance Amending Section 62-2103 of the Land Development Regulations, Alteration of Lot Size, be moved to Section VII for discussion.

FINAL ENGINEERING APPROVAL, RE: SUNSET LAKES, PHASE IX

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant final engineering approval for Sunset Lakes, Phase IX, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH PINEDA PARTNERS, L. L. C. FOR
IMPROVEMENTS IN GRAND HAVEN, PHASE I

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution releasing Contract dated March 20, 2001 with Pineda Partners, L.L.C. for improvements in Grand Haven, Phase I. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT WITH CRAIG PUTNAM, RE: IMPROVEMENTS FOR TOBY
AVENUE, EXTENSION C

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Contract with Craig Putnam guaranteeing infrastructure improvements for Toby Avenue, Extension C. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH CROSS CREEK LAND DEVELOPMENT COMPANY AND
ADMIRALTY BANK, RE: GUARANTEEING IMPROVEMENTS IN CROSS CREEK
SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Escrow Agreement with Cross Creek Land Development Company and Admiralty Bank guaranteeing infrastructure improvements in Cross Creek Subdivision.

ESCROW AGREEMENT WITH SAWGRASS LAND DEVELOPMENT COMPANY AND
COLONIAL BANK, RE: GUARANTEEING IMPROVEMENTS IN SAWGRASS
SUBDIVISION, PHASE V

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Escrow Agreement with Sawgrass Land Development Company and Colonial Bank guaranteeing infrastructure improvements in Sawgrass Subdivision, Phase V. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH MAXIE AND NANCY SANDS, RE: TOBY AVENUE,
EXTENSION C

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Maxie and Nancy Sands for a building permit off Toby Avenue, Extension C, subject to construction of the road to the standards of the Unpaved Road Code of Ordinances, Section 62-102 or payment of a construction bond by Mr. and Mrs. Sands. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH MERCEDES HOMES, INC., RE: CRISTA JEAN
AVENUE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Mercedes Homes, Inc. for a building permit off Crista Jean Avenue, constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION
62-2808, SUBDIVISION CODE FOR CERTIFICATE OF OWNERSHIP

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance amending the Subdivision Code to require a certificate of ownership (Title Opinion) for subdivisions at construction plans/preliminary plat review submittal. Motion carried and ordered unanimously.

FIRST AMENDMENT TO AGREEMENT WITH TOWN OF INDIALANTIC, RE:
TRANSPORTATION IMPACT FEE DISBURSEMENT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute First Amendment to Agreement with the Town of Indialantic, extending transportation impact fee disbursement for Riverside Drive intersection improvements for one year. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING DRAW FROM THE COMMERCIAL PAPER PROGRAM
FOR TREASURE LANE ROAD PAVING MSBU

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution authorizing draw of $50,000 from the Commercial Paper Program for Treasure Lane Road Paving MSBU. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE REPEALING SELECT
TAX ABATEMENTS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance releasing select tax abatements from companies, AJT and Associates and MSI of Central Florida, that are no longer eligible under the program guidelines. Motion carried and ordered unanimously.

AUTHORIZATION OF TRANSPORTATION OUTREACH PROGRAM APPLICATION, RE:
SPACEPORT TRANSPORTATION CORRIDOR MODIFICATIONS PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize preparation and submittal of an application to the Transportation Outreach Program of Florida Department of Transportation for the Spaceport Transportation Corridor Modifications project; and designate the County Manager or his designee as the authorized representative of Brevard County. Motion carried and ordered unanimously.

APPROVAL, RE: TDC CATEGORY B BEACH CLEAN-UP GRANT APPLICATION
HANDBOOK

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the TDC Category B Beach Clean-up Grant Application Handbook, which includes eligibility requirements, type of grants available, criteria for evaluation, instruction and application forms. Motion carried and ordered unanimously.

APPROVAL, RE: FY 2001-02 CULTURAL EVENTS MATCHING GRANTS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the TDC's recommendations to award cultural events matching grants to Melbourne Art Festival, Inc. at $5,681, Brevard Museum of History and Science/Master Mariners Throughout the Ages at $7,564, Valiant Air Command/TiCo Air Show at $7,564, Brevard Community College/Diversity Festival at $7,564, City of Titusville/Birding Festival at $3,784, Brevard Museum of Art and Science/Marketing at $7,564, Space Coast Art Festival, Inc. at $6,724, Brevard Regional Arts Group/Marketing at $6,724, Brevard Symphony Orchestra/4th of July at $5,044, City of Titusville Space Fest at $3,364, Strawbridge Art League/Art Works 2001 at $900, and Space Coast Pops/Fais Das Dos at $2,523, for a total of $65,000. Motion carried and ordered unanimously.

APPROVAL TO INCREASE PURCHASE ORDER WITH DELAWARE NORTH PARK
SERVICES, RE: INTERNATIONAL POW WOW 2001 LEGACY EVENT AT KENNEDY
SPACE CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve an increase to the Open Purchase Order with Delaware North Park Services from $30,000 to $71,000 for the International Pow Wow 2001 Legacy Event, which was held at the Kennedy Space Center in May 2001. Motion carried and ordered unanimously.

APPOINTMENT, RE: SCHOOL READINESS COALITION

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to appoint Gay Williams to the School Readiness Coalition, replacing Bernice Jackson. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND APPROVAL
OF PLAN, RE; 2001-02 COMMUNITY ACTION AGENCY PLAN

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement with Florida Department of Community Affairs for Community Action Agency funding of $88,792; authorize the Chairman to execute further amendments and budget change requests subject to approval by the County Attorney and Risk Management Director; and approve the 2001-02 Community Action Plan. Motion carried and ordered unanimously.

PERMISSION TO SUBMIT FLORIDA COMMUNITIES TRUST PROPOSAL, RE: EEL
PROGRAM PROPERTIES IN ROCKLEDGE AREA

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to submit Florida Communities Trust Proposal for properties identified by the EEL Program in the Rockledge area. Motion carried and ordered unanimously.

AUTHORIZATION TO SUBMIT GRANT APPLICATION TO FLORIDA FISH & WILDLIFE
CONSERVATION COMMISSION AND EXECUTION OF AGREEMENTS, RE:
ACQUISITION OF LAND IN BREVARD COASTAL SCRUB ECOSYSTEM PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize submittal of a Grant Application to Florida Fish & Wildlife Conservation Commission for matching funds for acquisition of land with the Brevard Coastal Scrub Ecosystem Project; and authorize the Parks and Recreation Director to execute Grant Agreements. Motion carried and ordered unanimously.

THIRD AMENDMENT TO AGREEMENT WITH THE NATURE CONSERVANCY, RE:
THREE-YEAR EXTENSION OF LAND ACQUISITION AND MANAGEMENT SERVICES
CONTRACT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Third Amendment to Agreement with The Nature Conservancy for a three-year extension of Land Acquisition and Management Services Contract, increasing the contract price to $188,600 per year. Motion carried and ordered unanimously.

AUTHORIZATION FOR COUNTY MANAGER TO EXECUTE ASSIGNMENT OF OPTION TO
PURCHASE WITH THE NATURE CONSERVANCY, WAIVE TWO APPRAISALS, AND
AUTHORIZE COUNTY ATTORNEY TO CLOSE ASSIGNED CONTRACTS, RE: EEL
PROGRAM PROPERTIES IN BREVARD COASTAL SCRUB ECOSYSTEM PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize the County Manager to execute Assignment of Option to Purchase with The Nature Conservancy, assigning
Contracts for Sale and Purchase with Ila Barrington, Thomas and Josephine Gates, Jean Stewart, Benjamin and Yook Siong Tom, James Truitt, Joanne and Jack Urion, Marvin Harris, Wallace Brenneman, Duane and JoAnn Chilton, Lester Derzon, John McGaughy, Violeta Perez, Josephine Steinbeck, George and Jeanne Towers, and Robert and Patsy Wharton for future acquisition by the EEL Program in South Brevard subdivided areas of the Brevard Coastal Scrub Ecosystem; waive EEL Program requirements of two appraisals and appraisal review for all properties purchased by EEL in the same region; and authorize the County Attorney to close on all contracts assigned by the County Manager. Motion carried and ordered unanimously.

APPROVAL, RE: MOSQUITO CONTROL TENTATIVE DETAILED WORK PLAN BUDGET
FOR FY 2002

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve and authorize the Chairman to sign the State of Florida, Department of Agriculture and Consumer Services, Mosquito Control Tentative Detailed Work Plan Budget for FY 2002. Motion carried and ordered unanimously.

TASK ORDER NO. 97-27 WITH WCG, INC., RE: PREPARATION OF SARNO LANDFILL
CONDITIONAL USE PERMIT APPLICATION

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Task Order No. 97-27 with WCG, Inc. for preparation of Sarno Landfill Conditional Use Permit Application for extension of the Class III Landfill, including yard waste mulching facility and material recycling area. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: REPLACEMENT OF MELBOURNE
TRANSFER STATION

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to bid and award bid to the lowest qualified responsive bidder for construction of the new Melbourne Transfer Station, demolition of the old transfer station, and construction of the ancillary facilities. Motion carried and ordered unanimously.

APPROVAL, RE: REFUNDING OF SALES TAX REFUNDING REVENUE BONDS, SERIES
1991, SALES TAX REVENUE BONDS, SERIES 1994, AND COMMERCIAL PAPER, AND
ISSUANCE OF SALES TAX BONDS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve refunding of Sales Tax Refunding Revenue Bonds, Series 1991, Sales Tax Revenue Bonds, Series 1994, and Commercial Paper, and Issuance of Sales Tax Revenue Bonds; and authorize the Financial Advisor and Bond and Disclosure Counsels to include financing courthouse facilities in an amount up to $500,000 per year and refinancing portions of the County's commercial paper program. Motion carried and ordered unanimously.

AUTHORIZE CHAIRMAN TO ENDORSE CHECK FROM CITY OF MELBOURNE, RE:
CONTRIBUTION TO BREVARD TOMORROW

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize the Chairman to endorse the City of Melbourne's contribution check in the amount of $5,000 to Brevard Tomorrow. Motion carried and ordered unanimously.

APPROVAL OF GENERAL LIABILITY PROPERTY DAMAGE SETTLEMENT, RE: TOWN OF
PALM SHORES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve General Liability Property Damage Settlement in an amount not to exceed $34,500 to the Town of Palm Shores. Motion carried and ordered unanimously.

APPROVAL TO ACCEPT RENEWAL FROM AETNA US HEALTHCARE, RE:
ADMINISTRATIVE FEES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to accept renewal of Contract from Aetna US Healthcare at an increase of 4.03% in administrative fees, effective January 1, 2002 per the Contract. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH UNDERWRITER'S SAFETY & CLAIMS, INC., RE:
THIRD PARTY ADMINISTRATOR SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Third Amendment to Agreement with Underwriter's Safety & Claims, Inc. for third-party administrator services to include language in the Agreement that establishes the business relationship between Underwriter's Safety & Claims, Inc. and its network Corvel Corporation, collectively the Managed Care Services Provider for the County's Worker's Compensation Managed Care Arrangement. Motion carried and ordered unanimously.

APPROVAL, RE: BOARD MEETING TIME CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve time changes for the December 11, 2001 meeting from 5:30 p.m. to 9:00 a.m., and the December 18, 2001 meeting from 9:00 a.m. to 5:30 p.m. Motion carried and ordered unanimously.

APPROVAL TO SPEND FORFEITURE FUNDS, RE: CONTRIBUTION TO STATEWIDE
SAFE PLACE PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant approval to spend $10,000 in forfeiture funds as contribution to the creation of a Statewide Safe Place Program. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-60, RE: DISPLAYING UNITED STATES FLAG AT
HALF-STAFF

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve revised Policy BCC-60, Displaying the United States Flag at Half-staff, establishing the parameters and
timeframe for such display. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to appoint Leonard Missavage to the Commission on Aging replacing David F. Davis, and Gertrude Montgomery to the Community Action Agency Advisory Committee replacing Benni J. Hopkins, Sr., with both terms expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

ANNOUNCEMENT

Vice Chairman Scarborough stated there is a display in the lobby from the Henegar Center.

RESOLUTION, RE: PROCLAIMING WEED AND SEED INITIATIVE OFFICIAL
RECOGNITION DESIGNATION

Delores McLaughlin, Executive Director of Weed and Seed, introduced Evelyn Moragne, and Sgt. Mellick representing Lt. Michael Wong. Commissioner Higgs read aloud a resolution proclaiming the Weed and Seed Initiative Official Recognition Designation in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution proclaiming the Weed and Seed Initiative Official Recognition Designation in the County and recognizing the team members for their efforts and contributions to the community. Motion carried and ordered unanimously.

Commissioner O'Brien stated in the past two years, there has been a decrease in violent crime in Cocoa; and people feel safer living in areas that used to be very unsafe.

Ms. McLaughlin stated in Philadelphia they had to take 64 hours of accreditation training so across the nation all groups were on the same page in terms of implementing the Weed and Seed strategy; and there are four components, (1) law enforcement, (2) community policing, (3) intervention/prevention/treatment programs, and (4) restoration. She stated if they can work the first three components, they will have stabilized the community and prepared it for restoration, which is where the County and the other organizations come with Community Development Block Grants and the HUD programs. She stated Weed and Seed is an organization strategy, and does not compete with other organizations.

Commissioner Higgs presented the Resolution to Ms. McLaughlin, who expressed appreciation to the Board.

PERMISSION TO ACCEPT QUITCLAIM DEEDS, RE: ROAD IMPROVEMENTS IN
CANAVERAL GROVES, SECTION 35

Steve Lawhon inquired what does it mean if the Commission does give permission to accept the Quitclaim Deeds. Land Development Director Bruce Moia responded if the person who is requesting to construct the unpaved road gets all the deeds to the paved right-of-way, the County will accept the road as public right-of-way. Vice Chairman Scarborough inquired if the item before the Board is a prerequisite to obtaining the deeds; with Mr. Moia responding yes.

Commissioner O'Brien stated if somebody lives 300 feet from a road, and there are many lots between him and the road, with no planned right-of-way, he would need to get quitclaim deeds to all the lots between him and the road in order to build the dirt road to get to his property. Mr. Moia responded that is correct. Mr. Moia stated in this situation there is an existing road easement; to meet the intent of the Code, the easements would become right-of-way; and to do that, it is necessary to get the quitclaim deeds from those property owners. Commissioner O'Brien stated the deed is only for the easement, not the whole lot; with Mr. Moia indicating that is correct. Mr. Moia stated right now the property owners own to the center line of the road; there is a 50-foot easement, 25 feet on each side of the road; and if they would quitclaim their interest in that easement, the County could accept it as right-of-way. He noted all property owners would have to agree to quitclaim their property. Commissioner O'Brien inquired what would happen if one or two said no, and could the owner not build a road to his own house. Mr. Moia advised it would be necessary for the builder to find an alternative means to access his property.

Mr. Lawhon stated that was his concern; there is an alternative means to the property, which goes right through his development; and his development has all paved roads. Vice Chairman Scarborough stated Mr. Lawhon is one of the persons who would have to quitclaim the right to the easement; and inquired if it is his intent to give it to them; with Mr. Lawhon responding the builder has not been in contact with him, although he did speak with his wife. He stated they live in Canaveral Groves; there are a lot of dirt roads in Canaveral Groves right now; and he is concerned about putting another dirt road in that the County would have to maintain, when he is putting in paved roads.

Commissioner Higgs stated this is an issue of ownership; and this is a mechanism to transfer that ownership. Vice Chairman Scarborough stated before they can build the road, they have to be able to show they own it. Commissioner Higgs stated whether Mr. Lawhon or any other owner quitclaims their property is a personal business decision; and the Board is just saying the quitclaim deed is an acceptable transfer mechanism.

Veronica Lawhon, developer of Veronica Estates, stated the development has paved roads; two model homes are going up; and where the gentleman wants to put his dirt road is right between those two homes. She stated she does not know how that will look; the road may end up being over 1,000 feet; and expressed concern about the request.

Commissioner O'Brien stated if Ms. Lawhon does not quitclaim her property for right-of-way, he cannot go through there.

Vice Chairman Scarborough stated the County needs to be careful when it receives the deeds to insure they have all been received in the appropriate format.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize staff to accept Quitclaim Deeds from abutting property owners for road improvements in Canaveral Groves, Section 35. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF OAK GROVE ROAD -
HONEYCUTT & ASSOCIATES

Vice Chairman Scarborough called for the public hearing to consider resolution vacating portion of Oak Grove Road as petitioned by Honeycutt & Associates.

Assistant Public Works Director Ed Washburn stated one objection was faxed in late last night or this morning; and the Board may wish to continue the item to the first regular meeting in August. He stated the applicant is present.

Vice Chairman Scarborough inquired if Mr. Honeycutt has a problem continuing the item. Rodney Honeycutt stated he would rather not continue it. Vice Chairman Scarborough stated his preference is to continue the public hearing. Vice Chairman Scarborough stated Lonnie Groot also submitted a card; and inquired if he object to continuing the hearing; with Mr. Groot, representing Memorial Medical Complex, responding he would like time to review the item.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to continue the public hearing to consider resolution vacating a portion of Oak Grove Road as petitioned by Honeycutt & Associates to August 14, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN DOW
CENTRAL PARK - KRIZEK FAMILY LIMITED PARTNERSHIP

Vice Chairman Scarborough called for the public hearing to consider a resolution vacating drainage easement in Dow Central Park as petitioned by the Krizek Family Limited Partnership.

Assistant Public Works Director Ed Washburn advised everything is in order for this request.

There being no comments or objections heard, motion was made by Commissioner Colon, seconded by Commissioner Higgs, to adopt Resolution vacating drainage easement in Dow Central Park as petitioned by Krizek Family Limited Partnership. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT
REGULATIONS, TO REMOVE ARR ZONING CLASSIFICATION

Vice Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, to remove ARR zoning classification.

Motion by Commissioner O'Brien, to adopt an ordinance amending Chapter 62, Land Development Regulations, to remove ARR zoning classification.

Vice Chairman Scarborough stated the Board has zoned 182 parcels ARR over a period of time; if the ARR classification is removed, 182 people will have a problem with their property; and this is not the first time this has happened in the County. He stated one of the things he and Ms. Busacca talked about is not viewing ARR as being unacceptable but tweaking the classification, such as not allowing it in the 25-year floodplain and the type and nature of animals allowed; and rather than eliminating ARR, there is the capacity to look at it.

Assistant County Manager Peggy Busacca stated ARR zoning has been modified since it was originally adopted; the minimum house size in ARR is larger than in several other zoning classifications that allow mobile homes; and the real difference in ARR from other zoning categories is that mobile homes and agricultural uses are permitted on the same property. She stated it has been suggested that the Board's concern is the floodplain and the mobile homes lying within the floodplain; and that could be addressed by amending the conditions under which ARR may be considered. She stated Section 62-1334.5 outlines seven conditions; the Board may wish to add an eighth condition that lands lying above the 25-year flood elevations of the riverine floodplain would be the only ones in which ARR could be considered; and the Board may wish to make additional minor modifications such as review of storage structures.

Vice Chairman Scarborough inquired will it come back to the Board; with Ms. Busacca responding it would have to be re-advertised.

Jacquelyn Warzecka inquired if the zoning is removed, what would happen then. Ms. Busacca responded the Board would administratively rezone the property and identify another zoning classification; if the individual has already constructed on the property, he or she could continue with the activities, but they would be nonconforming and could not be expanded; but if there has not been construction on the land, then a different zoning category would be assigned to the property and development of the land would have to occur consistent with that new zoning. Ms. Warzecka stated there was a rumor that it was going back to five acres to live on, and that they would be ultimately kicked out if they could not come up with five acres; and inquired if none of that is true; with Ms. Busacca responding she does not believe it is.

Commissioner Higgs stated she is willing to look at a redefinition of ARR as opposed to its elimination, but cannot say today that she would support it. She stated she had concerns about it for a long time, but would be willing to look at the floodplain issue and some of the agricultural uses; and the Board could potentially minimize the problems on the 180+ parcels that are already zoned ARR, yet still accomplish a significant improvement for the area. She stated she is willing to look at it and discuss it further.

Vice Chairman Scarborough stated the people have problems and limited financial ability; the Board desires to make things work to the greatest extent possible without violating all the other rules; and recommended continuing this for a week to allow Ms. Busacca to touch base with all the Commissioners to see what things they may consider and come back to discuss an option for continuation of ARR. He stated the floodplain bothers him; the Board is going to be discussing the problems at Deer Run later; and the problem is even worse when it involves mobile homes. He requested Ms. Busacca meet with each of the Commissioners to discuss concerns; and the Board has the prerogative to eliminate ARR zoning, but it will create concerns for some people in the area who are ill prepared to deal with it.

Commissioner O'Brien stated the problems in that area are social problems; people are living on the edge of poverty; and described a scenario where someone purchases a used mobile
home, puts it on a lot in the ten-year floodplain, and when a flood comes, loses every penny he or she has. He stated allowing ARR trailer zoning in these areas is a recipe for disaster for those who can least afford it; and it is the Board's responsibility to look at this very seriously.

Commissioner Colon inquired if Vice Chairman Scarborough wishes to get feedback from each Commissioner; with Vice Chairman Scarborough responding if the Commissioners talk to Ms. Busacca they will be talking to someone who shares his feelings. He inquired how much time is needed; with Ms. Busacca recommending at least until August 14, 2001.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to continue public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, to remove ARR zoning classification to August 14, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-510, DEVELOPMENT
WITHIN WEST CANAVERAL GROVES

Vice Chairman Scarborough called for the public hearing to consider an ordinance amending Section 62-510, Development within West Canaveral Groves.

Elbert McGinnis stated he owns six 1 1/4 acre lots in West Canaveral Groves; he bought them for his children and grandchildren; and he lives on three of the lots. He expressed concern about being unable to get a building permit unless they live on a main road.

Vice Chairman Scarborough stated the item before the Board deals with meeting the requirements in a more general sense. Assistant County Manager Peggy Busacca stated if someone purchased a property between April 19, 1994 and July 1, 2000, that person is able to obtain a building permit in West Canaveral Groves regardless of the status of the roads; the proposed ordinance would require that all property owners have access to a County-accepted and maintained road before a building permit could be issued; and currently the only road that is County-accepted and maintained is Satellite Boulevard between SR 520 and Shervin Avenue in Section 8. She stated people living off side roads would be required to come in under the Unpaved Road Ordinance; the easements would have to be quitclaim deeded to the County for those to become public rights-of-way; and unpaved roads could be constructed. She stated people living in existing permanent structures constructed before 1994 may obtain a building permit regardless of the status of the roads, and if the homes meet the standard that they can be safely connected to electrical service and are safe for human habitation; but if the proposed ordinance is adopted, all those structures would be required to meet the Building Code prior to issuance of a certificate of occupancy; and those are the differences between the existing and proposed Code. Vice Chairman Scarborough stated the County tried to bring people into conformity with the Code; but there are a number of people who have not come into conformity; and this is closing that window. Ms. Busacca stated it would be much more difficult for people to come into compliance because they would be required to meet the Building Code; and so the window would be closed if someone lives more than a quarter mile from Satellite Boulevard, as the Unpaved Road Ordinance would not allow them to construct a road longer than that. Vice Chairman Scarborough stated the Board will be instituting Code Enforcement action against the people who have already built out there that; they will no longer be allowed to come into compliance; and the people had a long period of time to come into compliance. Ms. Busacca noted they had seven years. Vice Chairman Scarborough stated the Board needs to discuss health and safety compliance as opposed to every element of the Building Code; and inquired if under the proposed ordinance it would be complete compliance; with Ms. Busacca responding affirmatively.

Arron Kiersted stated he has owned property off SR 520 on one of the non-maintained roads since 1987; in 1988 he acquired a land clearing permit and an address; when he came back to town in May he went through the whole process with Zoning, Building, and Natural Resources Departments to make sure it was possible to put a house on his property; and in May, everything was fine; but last week when his girlfriend tried to go through the permitting process, she was told he could not build. He noted he had his architectural designs and engineering done; his surveys have been done; and now he is told he cannot build. He commented on interpretation of the existing Ordinance; stated he got another address yesterday, which is not the same as the one he got in 1988; and advised of something sent by the County in February 2000, which he did not receive. He stated he already spent $3,000; and explained the type of house he wishes to build.

Vice Chairman Scarborough inquired if Mr. Kiersted intends to build to the Code; with Mr. Kiersted responding yes, it is all engineered. Commissioner Higgs inquired if Mr. Kiersted submitted a plan; with Mr. Kiersted responding he could not because the County would not give him an address last Friday, and that is required by the Building Department. He stated he went through this in May, and staff said it was good, but when his girlfriend came in last week, she could not get an address, even though he already had one; and he was told he could not build because of the sheet that came out in February 2000, which said that anybody who purchased prior to 1994 is not able to build.

Ms. Busacca stated in February of last year, the Board adopted an Ordinance that said if someone purchased property between April 19, 1994 and July 1, 2000, he or she could obtain a building permit regardless of the status of the roads; and Mr. Kiersted purchased his property in 1987. She stated the Board said it would make it effective as of July 1, 2000 so in February 2000, letters were sent to all property owners to notify them that if they had not obtained a building permit as of July 1 and had purchased property before 1994, they would be unable to get a building permit.

Vice Chairman Scarborough stated it sounds like equitable estoppel if the County told Mr. Kiersted to go ahead and he spent $3,000 based on what he was told. County Attorney Scott Knox stated Mr. Kiersted could make a case for equitable estoppel. Vice Chairman Scarborough stated if Mr. Kiersted wanted to come in under some lesser standard, it would go to the heart of what the Board is discussing; but if Mr. Kiersted spent money based on what staff said he could do, and there was some confusion that caused staff to not fully inform Mr. Kiersted, that is a vested rights issue. Vice Chairman Scarborough requested Mr. Kiersted discuss his problem with Planning and Zoning Director Mel Scott to see what can be done about vested rights.

Commissioner Colon stated she is interested in getting some feedback; and inquired about people who were not able to build before 1994 and are now coming to the Board, and what kind of precedent is being set. She stated it is like they are coming to the Board, never mind what the Ordinance says; and she is concerned about that. Ms. Busacca stated the discussion between Vice Chairman Scarborough and Mr. Knox was that Mr. Kiersted may be unique in that there may have been an act or omission of the staff, and that no one advised him of the Ordinance provisions before he moved forward to expend money. She stated she does not know the situation; she spoke briefly to Mr. Kiersted yesterday, but does not know what staff he may have spoken to or what he was told; and she has no idea how many other people may have been told the same thing. Mr. Kiersted advised he started at the Zoning office.

Vice Chairman Scarborough stated he understands Mr. Kiersted's problem, and suggested Mr. Kiersted confer with Planning and Zoning Director Mel Scott. Mr. Kiersted stated the Board may find more of these problems coming up; he is doing another project that falls within the window; he does not see any problem unless the ordinance shuts down building in that window between 1994 and 2000; and there is already engineering, etc. done on the other project. Vice Chairman Scarborough stated different people are in different places in the process.

Jean McGinnis stated she has lived in West Canaveral Groves for a long time, and has property that predates the 1994 date; and inquired why the 1994 date was used. Ms. Busacca responded on April 19, 1994 the Board accepted the roads within West Canaveral for building permit purposes only; prior to that date there were no building permits issued within West Canaveral Groves; and last year when the Board chose to amend the Ordinance, the philosophy was that if someone purchased property with the assumption that building permits were not being issued, then the change in the Ordinance would make no change in their assumption. She stated between 1994 and 2000, building permits were issued, so if someone purchased property in that time period, they would have an expectation that they could get a building permit. Ms. McGinnis stated if someone buys property, no matter when it is, they would be looking to the future to use that property; and requested the Board reconsider the 1994 date because there is something wrong with that. She stated a lot of people have land that they hope to build on someday; and recommended anybody having land previous to the July 2000 date be allowed to build. She inquired if there is a five or ten-year plan for the County. Ms. Busacca responded the County has a Comprehensive Plan, which has a planning horizon between five and twenty years depending on the issue; and in the West Canaveral Groves area there are no plans to make any improvements within the term of the Comprehensive Plan, which means there are no roadways or water improvements planned. She noted the reason road improvements cannot be planned is because the County does not own the right-of-way. Ms. McGinnis stated she signed over her right-of-way two or three times over the years to the County; and inquired if the County accepted that; with Ms. Busacca responding the County accepted all deeds that were given to it. Ms. McGinnis inquired if no improvements are shown in the five to ten-year plan for West Canaveral Groves; with Ms. Busacca responding no infrastructure improvements are shown, which is not unusual as many parts of the County do not have infrastructure improvements identified.

County Manager Tom Jenkins advised the County does not normally build interior residential roads; the County builds main arterial roads; and if Ms. McGinnis lives in a subdivision or neighborhood, the interior roads were either built by the residents or the developer. Ms. McGinnis inquired if that is what happened in the original Canaveral Groves; with Mr. Jenkins responding in that case the residents were assessed a special assessment. Mr. Jenkins noted that has been proposed previously in West Canaveral Groves, but so far it has been turned down by the property owners.

Discussion ensued on the special assessment funding mechanism.

Jerry Wall expressed appreciation to the Board for past support; and stated there is still a lot to be done. He stated when the residents come to Viera, they have problems getting their questions answered; he realizes they are dealing with the County, State and St. Johns River Water Management District; and there is more than one agenda afloat. He inquired how they can find out what the agenda is. He stated traditionally there have been a lot of impoverished people in West Canaveral Groves; but everyone in West Canaveral Groves is not impoverished; and while the center of attention has been on this aspect, the rest of the people have been ignored. He stated there are many people in West Canaveral Groves who are in total compliance with the Code, but they are overlooked; the attitude that West Canaveral Groves is just a bunch of backwoods people living in less than a healthful and lawful lifestyle is far from the truth; and commented on myths about the area that are being perpetuated. He commented on the floodplain issue, flooding in Palm Bay, inability to get questions answered by government, and no knowledge of plans for the area. He stated a lot of people have put a lot of money into their properties and want to stay on them; they like the rural atmosphere; and advised of the presence of greenways, greenbelts, and wildlife. He stated his property is zoned agricultural; he lives on a two-lane dirt trail by choice; what the County may consider an essential service is not necessarily considered an essential service by the residents; and requested the Board not overload the area with services that come with a big price tag. He stated the people live in the area by choice; and while they appreciate the Board's support, they would appreciate the Board respecting their choices.

Lori Melton stated she has done everything requested to come up to Code; and she would like to know what will be the ultimate outcome. She stated there is flood zone in Cocoa, but her property sits very high; and inquired about the outcome of the new zoning.

Vice Chairman Scarborough stated the zoning was the prior item, and it was tabled for two weeks; and at this juncture there is no outcome because staff is going to work with the Commissioners.

Ms. Melton stated the residents of West Canaveral Groves have been discriminated against from the beginning; there are very nice properties developed out there; she works every day and makes decent money; and not everyone in the area has financial hardship.

Vice Chairman Scarborough stated the reason West Canaveral Groves and the Satellite Boulevard area is separate is because people have moved there without going through the County requirements; some of the requirements are more technical having to do with the Southern Standard Building Codes; and some people have health and safety issues. He stated it was the Board's desire not to make arbitrary rules the driving force in displacing people with limited resources from their homes; but in doing that, it found it was opening a window not to bring the people into compliance, but to allow development in a totally separate sense in the area than was occurring in the rest of the County. He stated the problem is sooner or later health and safety have to be taken care of; the Board needs to see, to the greatest extent possible, that those people who have problems are identified; and the door closed so there is not a continuation of substandard development. He stated one concern is that there are people who have not come into compliance because of lack of financial resources; and inquired what will evolve with those people who the County has not been able to help. Ms. Busacca responded ultimately anyone who cannot come into compliance who is homesteaded will go through the Code Enforcement action; a lien will be placed against their property, which will accrue to a maximum of 35%; and in the future, if funding is identified for these individuals to assist them to come into compliance, then there will be a request made by the individuals to have the lien released by the Board, so they can move forward to get the property brought into compliance. Vice Chairman Scarborough stated he has a problem with this one segment; what the Board is going to do is ask Code Enforcement to do a lot of work and file liens; the people do not have the ability to pay the liens or correct the problems; and the Board will then be compelled to work it out and forgive the liens. He stated a lot of staff time will be spent doing things to create the liens that will in the end come back to the Board; it is not possible to foreclose the lien against the home; so the Board will be creating a lien that it cannot enforce; and inquired if that is where the Board wants to go. He recommended Ms. Busacca address some options as to how the Board can discuss this, and bring it back at the same time as the other item.

Commissioner Higgs stated she does not understand why the Board would need to continue this as all it does is apply the current Code in Canaveral Groves in the same way as every place else.

Vice Chairman Scarborough stated anybody coming in new and building should do that; but Ms. Busacca and staff have worked hard to bring a number of people into compliance; and inquired how many people will be cited; with Ms. Busacca responding approximately 70. Vice Chairman Scarborough stated the Code officers will be spending time putting things together; the 70 people will be coming down to discuss the unique problems of Canaveral Groves; liens will be filed against their properties; those liens cannot be foreclosed; and in the end it will fall back in the Board's lap to help the people come into compliance. He stated it is an exercise in futility; he agrees with everything else; but he does not understand this part.

Commissioner Higgs stated everything else that has been tried has not worked; all that has been done is to compound the problem of the area; and the residents who are living there and have worked hard to come into compliance deserve the support of the County in applying the standards to all of the development. She stated there will be people who will have problems and the County will have to deal with them; but to proceed down the course that has been maintained for a number of years now will only lead to deeper problems. She stated she supports the ordinance, and nothing will be achieved by putting the decision off. She stated the issue today is that the rules apply and that people should build to a standard that protects the rights of all property owners and the development of the County; and the Board needs to proceed, with a clarification on page 1 and a correction of a typographical error on page 6.

Motion by Commissioner Higgs, second by Commissioner O'Brien, to adopt an Ordinance of Brevard County, Florida amending Chapter 62-510, Code of Ordinances of Brevard County, Florida relating to development standards within West Canaveral Groves area; amending status of existing permanent structures; amending conditions for authorization and acceptance of existing permanent structures; amending the standards for new development within West Canaveral Groves; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code; and providing for an effective date, with deletion of the fifth Whereas on page one, and with page 6, paragraph 3, sentence 7 to include "24-hour storm event."

Commissioner O'Brien described a hypothetical situation in Suntree where someone builds without a permit and against the provisions of the Code; and inquired what would the County do. Vice Chairman Scarborough stated he agrees the County should not let people build not to Code; but there are 70 people the County has worked with and it is going to be proceeding to spend a great deal of staff time to accrue liens against their properties; and inquired what will be accomplished in the final analysis. Commissioner O'Brien stated speakers advised that not everyone out there is living in poverty; the ordinance is going to create a level playing field for everyone; and the rules, regulations, and policies should be applied evenly. He stated if that is not done, it gives special interest to someone, which is not right. Vice Chairman Scarborough stated it is not someone going out there tomorrow to do something different than the Code; the people are already out there; and if the County could get the lien, foreclose, and evict people from their homes, the taxpayers would pay for the event because they would be homeless people. Commissioner O'Brien stated the people are going to pay for it anyway; all the properties are worth less than $25,000; so if they are homesteaded, they do not pay taxes but still call for services. Vice Chairman Scarborough stated society has decided it does not like to throw people out of their homes or want people sleeping on the causeway; if the County exercises the ability under the lien, it would throw them out of their homes; but the Laws of Florida protect homesteaded property, so the County is not going to be able to do anything with the liens.

Vice Chairman Scarborough passed the gavel to Commissioner O'Brien.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to amend the motion to provide that for those persons who are having financial problems, a report be presented to the Board on each case prior to proceeding with Code Enforcement action.

Commissioner Higgs inquired if the amendment is going to be included in the ordinance; with Commissioner Scarborough responding yes.

Commissioner O'Brien called for a vote on the motion to amend the original motion. The motion did not carry; Commissioners Scarborough and Colon voted aye; Commissioners O'Brien and Higgs voted nay.

Commissioner O'Brien called for a vote on the original motion. The motion did not carry; Commissioners O'Brien and Higgs voted aye; Commissioners Scarborough and Colon voted nay.

Commissioner Higgs inquired if Commissioner Scarborough's phrase is included, will he support the ordinance; with Commissioner Scarborough responding he will. Commissioner Higgs inquired if it would work if the report was outside the ordinance; with Commissioner Scarborough responding it would be okay if before proceeding with the Code Enforcement action, the Board gets the report as to the feasibility of proceeding with the action. Commissioner Higgs stated she will support the motion to get the report.

Ms. Busacca inquired if the intent is for those people who have existing permanent structures rather than new construction; with Commissioner Scarborough responding it is for the 70 people staff has worked with over a number of years and found they do not have the financial capacity to work this out. Ms. Busacca inquired if it would include any new development; with Commissioner Scarborough responding no.

Commissioner O'Brien inquired if there is any way to get CDBG funds to start correcting some of those problems; with Vice Chairman Scarborough advising the Board has discussed that. Mr. Jenkins stated the Board is working in that direction; but it would have to convert from trailers to site built houses to do that.

Commissioner O'Brien stated he can support it at this time because he does not want the problem to just sit there; and there are Community Development Block Grant funds.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to request a report on the 70 people with financial problems prior to any Code Enforcement action being taken. Motion carried and ordered unanimously.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance of Brevard County, Florida amending Chapter 62-510, Code of Ordinances of Brevard County, Florida relating to development standards within West Canaveral Groves area; amending status of existing permanent structures; amending conditions for authorization and acceptance of existing permanent structures; amending the standards for new development within West Canaveral Groves; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code; and providing for an effective date, with deletion of the fifth Whereas on page one, and with page 6, paragraph 3, sentence 7 to include "24-hour storm event." Motion carried and ordered unanimously.

Commissioner O'Brien passed the gavel to Vice Chairman Scarborough.

The meeting was recessed at 10:22 a.m. and reconvened at 10:37 a.m.

DISCUSSION, RE: DEER RUN SUBDIVISION DRAINAGE PROBLEM

Vice Chairman Scarborough stated Commissioner Colon has been involved with the problems with Deer Run Subdivision.

Jeff Ellidge, Director of Water Resources of St. Johns River Water Management District, introduced Maurice Sterling, Director of Project Management, and John Juilianna, Director of Permitting at the Palm Bay Service Center.

Commissioner Colon requested a representative of St. Johns River Water Management District provide a history. Mr. Juilianna stated the Deer Run Subdivision was originally approved by the Governing Board in 1980; the developer received a management storage/surface water permit for a 16,000-acre residential development consisting of 460 lots; subsequently the applicant applied for an extension of the permit to continue construction; and that extension was granted in 1982. He stated minor changes were approved as part of the extension; the primary change was the placement of a new outfall immediately to the west of the originally permitted outfall; the original permit called for an outfall to the north to the Sottile Canal; and it also called for an outfall from the southwest corner of the Deer Run Subdivision, which eventually conveyed that water from the southwest corner of the subdivision to the north to the Sottile Canal. He stated originally approved, there were two outfalls to the Sottile Canal; and when the extension was granted in 1982, the southwest outfall was moved to the north adjacent to the originally permitted outfall. He stated what is there today is what was permitted as part of the 1982 extension.

Commissioner Higgs commented on the 1996 report; and inquired if what was in the final permit is what was built; with Mr. Juilianna responding what was granted in the 1982 permit extension is what is built there today.

Commissioner Colon requested Mr. Juilianna provide background about the permit that was used to plug the Sottile Canal at the northwest corner, and explain why that was done. Mr. Juilianna stated the permit was granted to Willowbrook Farms; as a condition of the permit the permittee was required to plug the Sottile Canal at his southeast outfall; previous to the plug being placed, approximately 5,000 acres of the farm gravity drained down the Sottile Canal to the east; and the plug enabled the permittee to pump and maintain water levels in his system for his entire farm, rather than 5,000 acres of it flowing under gravity to the Sottile Canal. Commissioner Colon inquired if there was a pump house there; with Mr. Juilianna responding there is still a pump house, which pumps his system. Mr. Juilianna stated the owner maintains the water levels in his system through a pump discharge to a 340-acre reservoir, which is immediately west of Deer Run. Commissioner Colon inquired since the water flows east and west in the Sottile Canal allowing for the Deer Run community drainage, why was the plug allowed that prohibits the western flow. Mr. Juilianna responded there is no flow to the west, and has not been flow to the west; Mr. Sartori's Willowbrook Farm all flowed east under gravity; and the plug does not prevent flow from going west but prevents Mr. Sartori's flow from going east. Commissioner Higgs inquired historically, before the Sottile Canal was there, would the flow from the area have gone west; with Mr. Juilianna responding yes. Commissioner Higgs inquired if the canal facilitated the drainage of all the farms, and does it go east because there is an artificial conveyance system there; with Mr. Juilianna responding yes.

Commissioner Colon requested Mr. Sterling give a synopsis of the 1996 report. Maurice Sterling stated the investigation the District conducted in 1996 was done at the request of former Commissioner Scott Ellis, who was District 5 Commissioner at the time; there were high water conditions in Deer Run at the time attendant to Hurricane Erin; and they were asked to look at the flooding conditions, assess the cause of them, and offer some options. He stated the engineers looked at it using one of the hydrologic simulation models, ran some numbers for the subdivision, and investigated the drainage; it was not a design level study, but an engineering investigation based on the available information; and as part of the report, they included some options to ameliorate the flooding conditions in the future, including channel modifications and maintenance, compliance with the original design permit, and consideration of the southwest outfall. He stated that outfall would be in the vicinity of the Mary-A flow-way; the flow occurs westerly from that point at the southwest corner of Deer Run to the Mary-A flow-way to the St. Johns River; it was found there would be some benefit to upgrading the culvert sizes from 48 inches to 72 inches; and there was also a suggestion that some of the survey should be updated. Commissioner Colon inquired how critical is the recommendation for the southwest outfall. Mr. Sterling responded the analysis is based on a survey that is approximately 20 years old; Drainage and Surface Water Director Ronald Jones indicated he is confident the Sottile Canal is fairly clean now and free of obstructions; and one of the issues is that the canal narrows as it reaches the north prong of the Sebastian system. He advised most rivers and flow-ways widen as they reach their discharge point; but the Sottile is narrow, which probably constricts some flow to the east. He stated they are confident with the recommendations that would be a viable, although costly, option; and the southwest outfall becomes complicated because the hydrology of the area would dictate a pump system there since it could not gravity drain to the southwest now as it was originally contemplated to do 20 years ago.

Commissioner Higgs requested clarification that what is out there is what was permitted, even though the original engineering drawings were different and amended; with Mr. Juilianna responding what is out there now is what was approved in 1982. Commissioner Higgs inquired when the Upper Basin Project was done and a lot of the flow was restored, was the Sottile Canal ever contemplated. Mr. Sterling responded it was to an extent; and commented on actions taken including curtailing flow from Willowbrook Farm to the east. Commissioner Higgs stated it is still a huge flow into the Sebastian River and Indian River Lagoon; with Mr. Sterling responding the District is interested in curtailing even more flood flows through the canal systems; but as far as the Upper Basin Project, they have not considered artificially diverting flows from the Sottile outside of the current actions to plug the canal at the Willowbrook property boundary.

Commissioner Colon stated it is unique how it all goes together; and inquired about ownership of the canal east of Babcock Street; with Mr. Sterling responding he is not certain of the ownership. Mr. Ellidge stated this would probably be something for the County Attorney to investigate; his understanding is the canal was constructed by a now defunct 298 drainage district; and he does not know about the current ownership. Commissioner Colon commented on the complexity of the issue.

County Manager Tom Jenkins inquired if the southwest solution entailed going across private property; with Mr. Ellidge responding affirmatively. Mr. Jenkins inquired since 1980, when Deer Run was first permitted, how many other developments or pieces of property have been allowed to drain off into the Sottile Canal; with Mr. Ellidge responding he does not know. Mr. Jenkins stated he has been led to believe there is water flowing from a number of areas into the Sottile which may even be running into Deer Run from other areas; with Mr. Ellidge responding he is not aware of that.

Commissioner Higgs inquired if the Sottile Canal came to the County when the Water Control District became defunct; with Drainage and Surface Water Director Ronald Jones responding they are currently researching it, but do not have an answer at this point. Commissioner Higgs inquired when was the Sottile Canal constructed; with Mr. Jones responding he will have to finalize research, but believes it dates into the 1920's or 1930's. Commissioner Higgs inquired how far is it from the southwest corner of the Deer Run Subdivision to the legal outfall of the District; with Mr. Sterling responding approximately three miles. Commissioner Higgs inquired if all of that is privately owned; with Public Works Director Henry Minneboo responding yes, by Mr. Sartori and Mr. Campbell. Commissioner Higgs inquired if it is all in farming; with Mr. Minneboo responding no, part is orange grove and part is vacant. Mr. Sterling advised the private property flow-way is a wetland flow-way dedicated for drainage between the two farms.

Mr. Jenkins inquired if anyone has contacted the property owners to see if the County could go across their property; with Mr. Sterling responding he does not know if District staff has, but as part of the Upper Basin Plan, when they initially acquired some of the Sartori property, there were certain conditions to preserve the integrity of his gravity drainage. Mr. Sterling noted subsequent to that purchase, they acquired additional lands and modified the project to the point where Mr. Sartori discharges substantially less water now into the flow-way than he conceived he would ten years ago; and if this options is selected, it is feasible to send the water through the flow-way, provided an arrangement can be worked out with the two property owners.

Commissioner Colon inquired if they are able to come up with some kind of compromise, would the County have the blessing of the St. Johns River Water Management District to help in this situation; with Mr. Ellidge responding affirmatively.

Commissioner Higgs inquired if the agricultural discharge permits are permanent, or is there a timeframe; with Mr. Ellidge responding those are permanent operating permits. Commissioner Higgs inquired under what condition could the District review or amend those; with Mr. Ellidge responding the District monitors the permits for compliance, and if there were water quality problems coming from the discharges, they would be addressed with the permit holders.

Clerk of the Courts Scott Ellis stated the only way the County is going to move the water is to pump out of the southwest corner; and the other issue that was discussed was flappers on the pipes that go into the Sottile Canal. He stated what they are encountering in Deer Run is when the Sottile Canal goes high, the water backflows through the pipes into Deer Run; and described how there would be heavy rains, but flooding would not occur until a day or two later. He stated what they found when they did the surveys was that the water was flowing to the southwest corner and had no place to go; as it filled up, it came back toward the homes; the original permits showed the southwest discharge; and he is in agreement with the St. Johns River Water Management District that the southwest discharge is the only solution to moving water out of Deer Run.

Wayne Yates stated the St. Johns River Water Management District holds the key; the District is only looking at the southwest corner of Deer Run; but if they would go three miles to the west, there is a levee; and if they would put their pump structure there and flap gates at the southwest corner of Deer Run, Mr. Sartori would probably welcome their putting water into the Mary-A flow-way, if they have the level down. He stated the water from the east runs into Deer Run; the natural flow of the water is north and west, not east; the Sottile Canal has to go uphill; and it does narrow toward the river. He reiterated his suggestion to put in a pump station and flap gates; and commented on the C-54 canal. He commented on events of the previous week; suggestion to go back to natural, stopping the ditches, and letting everything flood; and Babcock Street. He advised he is the neighbor south of Deer Run; when they open the gates, they give everybody relief; but as long as the gates are closed at the C-54 canal on the east end, they hurt everybody. He stated there has to be a solution; the one he suggested will work; Mr. Sartori and Mr. Campbell will fight the issue because they spent a lot of money getting the Mary-A flow-way; but if Deer Run is going to be drained, it has to go west. He stated there are culverts under Babcock Street; some of them flow into Deer Run; some flow onto his property; every time it rains, the water flows west and they get no help. He stated on both sides of Babcock street are ditches; and advised of the 1965 Agreement with the Corps of Engineers which ran water uphill to C-54. He recommended fixing the size of the culverts on both sides of the C-54; and stated Mary-A flow-way is the only alternative to resolve the flooding problem in Deer Run.

Sharon Alexander expressed concern about health issues, particularly the risk of encephalitis; and requested the Commissioners provide help to Deer Run.

Nick Oborle, representing his daughter and son-in-law who are Deer Run property owners, requested whatever the Board does, it maintain property values and not put on a construction moratorium. Commissioner Colon inquired if Mr. Oborle wants to see a permanent solution; with Mr. Oborle responding affirmatively. Christi Oscarson stated she lives on Uranus Drive in Cocoa, and also has a flooding problem; and submitted photographs. She stated in 1992 or 1993, the County worked on the ditches and there was no flooding until November 1994; and described flooding since that time. She requested the Board look into the problem; and expressed concern about health and safety factors, including mosquitoes and alligators. She commented on flooding of houses, problems getting cars in and out, need to have ditches cleaned and deepened, and work on Range Road resulting in increased flooding. Mr. Minneboo stated it is in Space Coast Gardens; and it needs to be looked at. Commissioner O'Brien commented on storms in 1994 that resulted in flooding. Ms. Oscarson stated there is worse flooding now then there was then in terms of depth of water. Commissioner Colon requested Mr. Minneboo contact Ms. Oscarson to see what can be done.

Tom Trist, President of the Deer Run Community Association, described the location, size, and home values in the subdivision; and stated the recent large amount of rain has caused a serious flooding problem, with many homes surrounded by water. He advised the water has not abated over the past eight to ten days; and outlined problems with septic systems, wells, horses and pets, confrontations with wildlife, and mosquitoes. He stated the residents have been fighting the flooding problem for over ten years; the County has tried several solutions, which have not alleviated the situation; and the problem is that during large rain events, the Sottile Canal cannot handle the water it receives, and as it reaches greater levels, it flows into Deer Run. He stated the Deer Run Community Association Board of Directors respectfully requests the following measures: immediately place a pump on the southwest corner of Deer Run to help alleviate the immediate problem and provide data on whether it is a viable long-term solution; measure the progress daily with a measuring device; and increase the frequency of spraying for mosquitoes. He requested long term solutions include performing an analysis and providing a recommendation by August 24, 2001 on how to possibly solve the flooding problem, including removing the blockage at the west end of the Sottile Canal, allowing the Sottile Canal to flow both east and west, diverting the flow of other properties from the Sottile to other canals, and placing an outfall and pump at the southwest corner of Deer Run. He requested such recommendations be implemented by October 24, 2001; advised the effort will involve several groups; and emphasized it must happen now.

Jerry Trotter stated they got a report describing the problem and including recommendations on how to solve it; and he agrees with the statements made, specifically regarding flow to the southwest corner regardless of how it is done. He advised he purchased a model home in Deer Run along with the neighboring lot, which he intended to use for pasture; and from that point on, he started getting flooding. He stated the developer dug a pond in the neighboring lot to build up the elevation; and then they found the water was coming from neighboring canals. He stated they got permission to put a block on the entrance culvert; but the next time it flooded, they found it was not just coming through the one culvert, but through all of them, and also from the Sottile Canal into Deer Run. He advised of efforts of former Commissioner Scott Ellis to solve the problem including cleaning the Sottile Canal and requesting a report from the District on the problem. He stated later they got a report from Mr. Sterling that described the problems and made recommendations on how to solve them; but as time went on, it appeared that nothing was being done. He commented on change of Commissioners, continuity, lack of feedback, and Homeowners Association taking over the problem. He stated he agrees the only way is to send the flow west with a pump.

Marsha Trotter stated they know the problem is that the water is not draining out of the southwest corner, but they do not know why; and they do not understand why it has taken eleven years to get to this point. She advised of flooding eight times in eleven years, compassion of the Board for the people in Canaveral Groves, and desire for compassion in Deer Run. She advised of growing up in the Everglades, draining the land to farm and build houses, living in a house built on stilts, and flooding; but stated in the 20 years she lived there they were never flooded by water that flowed back in on them because there was pumping. She stated pumping is one of the recommendations of the St. Johns River Water Management District; it is the best solution; and expressed appreciation to Mr. Juilianna for his help in compiling the history of the problem. She stated she is still confused about the December 8, 1981 memo from Eddie Kerr to Jack Moore on modifications to the original permit; and inquired if it was part of the extension permit; with Mr. Juilianna responding no. She stated Mr. Juilianna informed her the modifications were never enacted; and inquired about the drainage being out of compliance with the 1981 permit and serious omissions to the system. Mr. Juilianna stated there were changes made to the 1980 permit which did not include the modifications in the December 8, 1981 memorandum.

Vice Chairman Scarborough advised Ms. Trotter's time has expired.

Chris Gross expressed concern about the modification to the permit, who did them, who approved them, and why they were done; and stated they are looking for some sensible decision making because the right thing has not been done. He commented on purchasing his property, being advised by the real estate agent that it was high and dry, and being told he built in a floodplain and the area serves as a water retention area. He stated if the 1996 report had been available to him before he built, he would have abandoned the property; advised of the need to stop building so a solution can be found; and commented on abuse of power at the expense of the people in Deer Run. He noted the County has abandoned any services to the western half of Deer Run; and they have been treated rudely.

Keith McGregor, Treasurer for the Deer Run Association, stated for the past decade their homes have become flooded and there have been no drainage solutions from the County; and thanked Mr. Yates for advising the Board what needs to be done. He advised of loss of use of property, inability to get out of driveways, depreciation of properties, sewage backup, drainfield blockage, and dead fish floating in the streets, ponds, and Sottile Canal. He requested the County make it mandatory for all real estate agents and developers in this area to fully disclose the potential flooding and drainage problems. He commented on West Nile virus; and requested Mosquito Control be sent to the area a minimum of three times a week. He stated there are dead animals; he contacted the Health Department, which said it could do nothing until the water has subsided; and migratory birds will carry any disease they come in contact with. He stated the Property Appraiser's Office advised his property is not considered in the 100-year flood zone; and if he had known about the drainage problem, he would not have moved into this development. He stated the County officials, staff, and St. Johns River Water Management District should come together to get the problem resolved; and requested the Board deal with the drainage problem. He stated the quick-fix solution was to open up three canals north of the Sottile Canal; that did not happen; one canal was opened, but had to be closed because it was illegally flowing into the Palm Bay area; so there is no quick-fix solution. He stated they need the pump station or to have the water moved southwest to the C-54 Canal.

Commissioner Colon presented a video taken by County staff during an aerial flight one week ago showing the conditions in Deer Run.

Commissioner Higgs inquired if there is a measurement on the rain that fell out there; with Mr. Jones responding the area received approximately 23 inches of rainfall, which is about half of the annual average rainfall; and 17 inches occurred between July 8 and July 17, 2001. Mr. Minneboo noted the 23 inches was for one month. Vice Chairman Scarborough inquired if the area received a disproportionately larger share; with Mr. Jones responding the area received significant rainfall that exceeded other areas of the County. Vice Chairman Scarborough inquired if in comparison to other areas, was the flooding worse than in other areas; with Mr. Jones responding yes.

Cheryl Vadney stated she does not yet reside in Deer Run because she cannot obtain her CO yet; and advised of potential public health issues due to dysfunctional drainage. She expressed concern about contaminated wells; and recommended every well in Deer Run be tested for contaminants. She stated the septic tanks have reached their saturation limits; and expressed concern that people will refrain from hand washing and cleaning necessary to prevent disease transmission. She commented on standing water, increased mosquito population, transmittable diseases, and West Nile virus. She stated a dead crow was found, and should be tested. She stated she is fearful of moving into her new home; she has not been able to get a telephone; and there may be difficulty of emergency vehicles getting to homes.

Paula Gross stated she moved to Deer Run to have horses; to date nine horses had to be removed from Deer Run because they could not stay in that environment; and commented on the risk to animals from mosquitoes, snakes, alligators, and contaminated water. She stated a lot of people have large fenced areas for their dogs, but are unable to use those areas right now; and many of them are using their garages to contain their animals. She stated residents are leaving Deer Run to take showers, do laundry, and to eat; and children and dishes are being washed outside. She stated every time there has been a rainstorm in the last two weeks, people have been wondering when their houses will be compromised. She requested the Board provide help.

Albert Etienne stated his goal is to have the Board understand the physical elements involved and the things that are being requested. He stated in November 1994, Hurricane Gordon flooded Deer Run; in June 1995 the ditches in Deer Run were cleaned; six months later the County was still cleaning the ditches; in January 1996 the cleaning of the Sottile Canal from west of Willowbrook Farm to Babcock was finished; and in April 1996 from Babcock eastward to I-95 was deepened by three feet. He stated in March and July 2001 Deer Run was flooded; in 1996 former Commissioner Scott Ellis got a report done by St. Johns River Water Management District, which showed the canal had been cleaned and there has been flooding; so cleaning the canal is not going to bring any permanent resolution to this problem. He requested a study be conducted of the area with simulation models to determine the correct size for the pump station for the southwest corner of the subdivision and any improvements to the stormwater management system that would be needed to facilitate the pump station; and stated the outfall for the pump station would be the Mary-A Flow-way. He stated pumping to the St. Johns River would have a beneficial effect on the environment by reducing the fresh water inflow to the Indian River Lagoon. He stated the improvements would handle the 25-year and 100-year 24 hour storm events without flooding; and requested the pump station and necessary improvements be done within 180 days. He requested a study be conducted into long-term viability and performance of the Sottile Canal, and the results of the study be used to form a plan to bring the Sottile into alignment with the drainage needs of the areas flowing into it; and outlined possible goals including dredging, removing the hump east of I-95, grade and bank management, a routine maintenance schedule, and obtaining right-of-way to allow maintenance of the canal it is entirety. He stated the improvements will allow the Sottile Canal to maintain a stage level below 17 msl, rarely exceeding 19 feet msl; and recommended placing manually operated gates on all outfalls to the Sottile so they can be shut during times of high water to prevent the backflow condition that floods Deer Run, creating a third outfall to the Sottile Canal by completing the eastern perimeter canal that runs north/south along Babcock, blocking the southeast culvert that allows water east of Babcock to flow into Deer Run, and immediately placing temporary pumps in the southwest corner of Deer Run to lower water levels in the internal stormwater management system. He commented on the estimated costs for all improvements at $1 to $2 million, bond rates, proposed tax base of Deer Run at build-out, and amount of tax already collected without provision of service. He stated earlier Mr. Juilianna said he does not believe the canal flows westward, but with the plug installed, when enough water goes into the middle of the canal, it flows east and west.

Earl Thingvold stated this is the worst flooding situation he has seen; it is mostly from water backflowing from the Sottile Canal; and commented on the construction of his home and his investment in it. He stated fish and alligators swim through his front yard; there is heavy mosquito infestation; and they need help to eliminate the flooding conditions. He commented on possible solutions including maintenance of the canal systems, working on the pump station problem, working on the flow gates at the Sottile Canal, installation of a shut-off gate, and re-evaluation of the canal system. He stated the canals may need to be dug deeper and wider; it may be necessary to put a levee around the subdivision; and there should be a reliable and reasonably priced source of fill dirt. He stated there should also be a moratorium to stop building temporarily until the problems are fixed; and the real estate industry should fully disclose all the problems with the properties so the public can make better informed decisions. He stated the St. Johns River Water Management District and the Deer Run homeowners need to work together to solve the problems and find a permanent long-term solution; and commented on the effect to property values if the problems are not fixed.

Tina Wilson inquired where does the water drain from Deer Run; stated there are plenty of canals in the County; and inquired why Deer Run cannot have one canal to drain its water. She stated she contacted the County and was told her property was not in a flood area; and inquired when will the County resolve the problem. She commented on areas that drain into the Sottile Canal; stated the canal looks like it is inside the subdivision; and inquired when she will get some answers. She commented on her investment in her property and education, attempts to create a better life, and destruction of her property; and inquired why the County cannot protect her property.

Kelly King stated when she bought land she purchased from a development that was approved and permitted by the County, which in turn was approved and permitted through St. Johns River Water Management District to provide a drainage system for Deer Run so the houses could be built in a floodplain; but that system has never been installed. She commented on the cost of lots in Deer Run, lots lying in floodplain, risk of flooding in 100-year floodplain, and no agreement to be a retention area. She stated the homeowners have done their part by purchasing the land, paying taxes, and in many cases digging ponds to function as water retention areas; and advised of phone calls, paperwork, and research of the issue. She stated all the paperwork they have gotten from the County and St. Johns River Water Management District shows documentation of inadequate drainage system in Deer Run; before the land was developed there was a citrus grove which had to pump water off the land to keep it dry; and the currently installed system does not allow water to drain, but rather backflows into Deer Run. She advised of flood elevations, level of the Sottile Canal, and repeated attempts to provide drainage by cleaning the Sottile Canal, which has resulted in flooding in the community. She requested the County submit the permit application to the St. Johns River Water Management District within the next 30 days to install the pumping station at the southwest corner of the subdivision flowing to the Mary-A flow-way, install gates on the northern outflows and southwest outfall so that backflow can be regulated, and maintain the inner drainage system so it can flow unimpeded to the main drainage canals. She commented on environmental benefits and reduction of fresh water to the Indian River Lagoon; and stated all of the suggestions were in the 1996 report. She recommended the wells be tested to assure there is no water contamination, and each homeowner get a letter from the County indicating that the drainage system has been rectified when the work is complete. She advised of visits to the area from State Representative Bob Allen and Commissioner Colon; and stated Representative Allen supports the County and St. Johns River Water Management District coming together to reach an expedient solution.

The meeting recessed at 12:08 p.m. and reconvened at 12:21 p.m.

Commissioner Colon stated there is an immediate need in the community; and there are actions that need to take place by the County. She stated the first is to do some pumping into the Mary-A flow-way, which is only about 25 yards away from the Deer Run ditch, to get the water out of the subdivision as soon as possible; and to accomplish that it will be necessary to have a 60-inch diameter hose. She stated the people in the area have looked at all the possibilities to get this accomplished; and this is the first thing that should be done. She stated after this happens, the flap gates at the weir dams leading into Deer Run should be closed to prevent any more backflow into Deer Run; and there is also a problem within the subdivision, and the canals within Deer run need to be cleaned so the flow can go smoothly. She stated the Board should also consider the permanent solutions; it should authorize the County Engineering staff to finalize a drainage report of the Deer Run subdivision drainage system including recommended improvements; and it should submit a modification to the St. Johns River Water Management District for permitting those improvements. She stated Ron Jones is working on that, and it should be getting to the St. Johns River Water Management District within the next two weeks. She stated the second thing would be permission to advertise a residential building moratorium in the 10 and 25-year floodplains while the Board amends Building Code standards in floodplain areas throughout the County; and if the Board does not feel that is appropriate, it should proceed with amendments to Land Development and Building regulations in floodplain areas of the County, which the Board has already been discussing. She stated once the County submits the request for modification to the Deer Run subdivision drainage system, it should try to get a commitment from St. Johns River Water Management District to expedite the permit application; the representatives of the St. Johns River Water Management District have told the County they will work very closely with the County; and she is appreciative of their willingness to do this. She stated the St. Johns River Water Management District can see the dilemma the County has with Deer Run; and requested it expedite the application as quickly as possible and advise how long it will take. She requested the District do a model of the drainage patterns including agricultural properties in the entire watershed of Deer Run because it is all interconnected; and stated since the project is an attempt to correct a previously approved but deficient system, the District should allow some flexibility in the permitting regulations for the improvements recommended by County staff.

Vice Chairman Scarborough stated Commissioner Colon started with the immediate solutions and unless staff wants to make comments on it, he will entertain motions.

Commissioner Higgs inquired what is currently being done at Deer Run. Mr. Jones responded the County has utilized the mobile pumps; the flow was blocked at the Sottile Canal by placement of a temporary berm; and both of the 24-inch pumps were running actively. He stated there have also been some interconnections with other drainage systems that have been opened and closed; the water in the Sottile Canal has dropped; and staff is starting to see significant flows coming out of Deer Run. He noted it is 1,600 acres, so will take some time to come all the way down; and once the Sottile Canal has dropped down enough, some of the pump operations will be moved into the subdivision to augment some of the gravity flow that was coming out of the system, in order to get it down so septic systems will become more functional and some of the concerns about wells will be resolved. Commissioner Higgs inquired if they are currently pumping with a 24-inch pump; with Mr. Jones responding no, they pumped until the level of the Sottile Canal dropped. Commissioner Higgs inquired if staff pumped the Sottile or Deer Run; with Mr. Jones responding they put in a weir across the Sottile Canal where the Deer Run outfalls come into it and isolated that area so it was not connected to the other areas, and then pumped across the weir into the Sottile Canal, which had the effect of lowering the water stages in the canal system in Deer Run. Commissioner Higgs inquired what was Commissioner Colon's first recommendation; with Commissioner Colon responding to have the mobile pump go from the Deer Run ditch into the Mary-A flow-way. Commissioner Colon noted they would need a 60-inch diameter hose to be able to accomplish that; staff has spoken to Mr. Sartori who is knowledgeable about pumping; and that is why the recommendation was made for the hose size. Commissioner Higgs stated the County cannot pump to the Mary-A flow-way. Mr. Jones advised in order to pump to the Mary-A flow-way, it would be necessary to secure authorization from the St. Johns River Water Management District to undertake the activity; and because it is currently under private ownership, it would require the permission of the property owners downstream unless it could be demonstrated the historic flow was in that direction. Commissioner Higgs inquired if either thing has been done; with Mr. Jones responding not at this time. Commissioner Colon stated she is just giving a recommendation and seeing if St. Johns River Water Management District can help the County.

Commissioner Higgs inquired if it is a permittable thing. Mr. Ellidge advised the Mary-A flow-way is privately owned; the discharge from that flow-way to the St. Johns River is a structure that was built by the Corps of Engineers; and the St. Johns River Water Management District operates that outfall structure. He stated the Mary-A flow-way goes off to the west to the St. Johns River and then there is a big gated spillway that goes into what will be the Three Forks Marsh Conservation Area; and they will have to deal with Mr. Sartori and Mr. Campbell to get the appropriate permissions to go through there. He stated there are also Agreements with Mr. Sartori on how the District will operate the water levels in the flow-way; it has to maintain a certain water level in the flow-way in order for Mr. Sartori to be able to discharge out of his reservoir; and a contractual arrangement was made when the District bought part of the property. He stated they will look at the capacity of the structure that the Corps of Engineers constructed and decide how much additional pumping capacity and discharge can occur in this area without adversely affecting Mr. Sartori's or Mr. Campbell's properties. He stated the District can do that analysis, but as Mr. Sterling indicated earlier, Mr. Sartori is not farming as much land as he used to; the District bought a lot of the land, which is now being turned into a marsh area in a cooperative project with the National Resource Conservation Service and Ducks Unlimited; and they have control over the western part of what used to be Mr. Sartori's farm. He stated they will look at how much pumping could occur into this area and allow the District to still meet its contractual responsibilities and responsibilities to the Corps of Engineers; and they are willing to work with County staff on an emergency basis to address this. He advised of the emergency powers of the District Executive Director to grant authority to construct structures; but noted there is always some risk that if the County gets emergency authorization and moves ahead, it could be challenged, or the Governing Board might have concerns. He stated an emergency authorization would be taken to the first Governing Board meeting to get ratification. He stated the District will support, to the extent that it can, accepting additional water into that flow-way and discharging it out of the water control structure the District operates in the Corps of Engineers project levee; it would support construction of a pump station because it would help to re-divert or undo historical interbasin diversions of water, which is consistent with the District's mission; and it is doing projects up and down the St. Johns River with a similar purpose. He stated to that end he would be will to recommend to the Governing Board that the District provide financial support as well as work with the County from a permitting standpoint. He stated they are supportive of that option and would like to help get it implemented as quickly as possible.

Commissioner Higgs stated there is also work on a long-term plan; Commissioner Colon divide this into two sections; and inquired if the three things recommended are what need to be done; with Mr. Minneboo responding yes. Commissioner Higgs inquired about the 60-inch pump and interior canal cleaning; with Mr. Minneboo responding the pump size will be dictated by what the County and the St. Johns River Water Management District come up with collectively; he does not know about that specific size; and the size will be determined after minor data is collected. Mr. Ellidge stated they need to do more work to determine the appropriate size; and commented on pump flow rates, gravity drainage, combination of storage and pump capacity, and design storm. Commissioner Higgs stated if the Board goes to pump out there and sets the precedent of this size of pumping operation, it should look at the bigger picture of where else in the County there are similar problems that will draw the County into the same sorts of solutions; and recommended as part of the final recommendations, the issue be addressed. Mr. Jones stated the Board is currently discussing these types of issues; and some of the input from the residents this morning is similar to the discussions. He stated when the system was originally permitted and constructed, it was known that it was a flood-prone area and likely to have these types of issues; the Board had discussion about setting floor and road elevations; and one thing that struck him this morning was the comparison between how things are here versus in South Florida. He stated the South Florida Water Management District owns and operates all the major canal systems and pump stations in that area; and it is similar to some of the projects the St. Johns River Water Management District is undertaking such as the Upper Basin Project. He stated the Board may wish to consider asking the Governing Board of the St. Johns River Water Management District to consider this as a work of the District instead of the County moving forward with a permit application; the precedent has been set on a number of different areas of the State among the Water Management Districts; and it would expedite the permitting as well as provide potential funding for those types of projects.

Commissioner Higgs stated it scares her when there is talk about looking at South Florida and its water management issues as the way to do work; looking at what has been done in the South Florida area and what is now being paid, it is a horrible model for what to do with water; a hundred million dollars a year of State and federal money are being paid to repair the mess that was made in the Everglades in terms of ditching and draining; and she hopes the County never looks to South Florida as a model for what it wants to do. She stated pumps are part of those systems; that is not the general way the County should be doing business; she understands it may be necessary in this case; but she does not want the County modeling itself after the way water was handled in South Florida.

Commissioner O'Brien inquired what funds were used to clean all the ditches and canals in North Merritt Island in 1995; with Mr. Minneboo responding that was all Road and Bridge funds. Commissioner O'Brien inquired if it was General Fund; with Mr. Minneboo responding yes. Commissioner O'Brien inquired if the canals on Merritt Island were under the MSTU; with Mr. Minneboo responding the canals that were dredged were funded from the MSTU that was set aside for dredging. Commissioner O'Brien stated two pumps were bought in 1995 for Pine Island use; and inquired if those are the same pumps that are being used in Deer Run; with Mr. Jones responding yes, and they were paid for with stormwater utility dollars. Commissioner O'Brien stated if fresh water continues to be sent east to the Indian River Lagoon, it will affect salinity, which is down to approximately 15 parts per million now; at 14 parts per million, the clam crops and shellfish will be wiped out from fresh water intrusion; and at 10 parts per million the sea grasses start to die. He stated the Board has spent a lot of time trying to save manatees that need to eat the sea grasses; so he is hoping that the St. Johns River Water Management District keeps an eye on this. He noted a lot of the residents said the water should go west; and they may be right, but for a different reason. He stated Central Florida may not be the Everglades and may have other kinds of problems; but some examples from South Florida may be good ideas; and the Board may want to take Mr. Jones' suggestion to request the St. Johns River Water Management District take over some of the drainage canals and pumps. He stated if it is feasible in South Florida, he does not know why it would not be feasible in Brevard County; everyone has made mistakes including the St. Johns River Water Management District; the County has also made mistakes; and he hopes the motion being made today will include looking at South Florida as an example. He stated if someone buys a piece of property, on the title it should let the person know if he is facing a potential problem; and commented on sales of property where people do not realize it is almost under water until it rains. He stated he does now know what the solution is; and suggested working with the Clerk of Court to find a way to stamp deeds and titles to indicate the property is in the 10-year floodplain. He stated somebody mentioned that if a property is in the 100-year floodplain, that it is only 23.9 years into it; but there can be three 100-year storm events in one year; 100-year storm is a misnomer; and commented on the 10-year floodplain. He stated the Board is working on this, and has discussed the 10-year floodplain in particular; it has to look at its responsibility now as growth is still occurring; people like those in Deer Run are buying low lands and farms; and commented on the possibility of flooding in Viera, which has very low land. He stated the problems are universal depending on how low or how high a property is.

Vice Chairman Scarborough suggested taking this one step at a time so each Commissioner can comment again, and the Board can take it in sequence, moving from the specific problem to the universal. He stated the Board had discussion about Canaveral Groves earlier; and commented on the floodplain issue and ARR zoning. He stated it is possible to do several things; the Board can decide to dike and pump, which is very difficult and let development occur; or it can limit development, but in cases where there are people who built and put their savings into homes, the Board needs to make an affirmative commitment that they are able to live there with health and safety.

Commissioner O'Brien stated looking at the map, there are properties that are yet to be developed; most of it might be developed in the next five to ten years; and if subdivisions are built, the problem can be tripled with no solution. He stated something has to be done quickly before the County starts issuing building permits for all the areas and the City starts building out in this direction; and the more streets and buildings are constructed, the less saturation there will be into the ground; and water will start backing up. He stated what is needed is a good solution not only to the immediate problem, which is severe, but taking into account how severe it is going to be unless the Board looks to the future as well.

Vice Chairman Scarborough stated if a Commissioner thinks an intervening step is needed, they can come in with a motion, and the Board will go through item by item.

Commissioner Colon stated the Board discussed mobile pumps; and she wants to get an idea from the St. Johns River Water Management District about how long that process would take to get approval to pump. Mr. Ellidge advised in this case, because it is still hurricane season and there are already flooding problems, he will recommend to the Executive Director that this be done through emergency authorization, which then would have to go to the Governing Board for ratification; it would be in effect once the Executive Director approved it; and that can be done within a week. He stated what will take longer will be the design; they will have to see how big a pump station is needed and what the capacity is going to be in the downstream area; and that analysis could come back in probably two weeks.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to direct the County Manager, Drainage and Surface Water Director Ron Jones, and appropriate staff to meet with representatives of the St. Johns River Water Management District to allow emergency permitting for temporary pumping.

Commissioner Higgs stated she wants to be sure staff understands the motion and is supportive of that being the procedure that the Board needs to go through; with Mr. Jones responding staff is supportive of that. Commissioner Higgs inquired if this is temporary pumping to the west; with Mr. Jones responding affirmatively. Mr. Jones stated the only alternate recommendation he would make would be as the Sottile is dropping, to pump immediately into the Sottile from the development, which would not require some of the negotiations with some of the property owners and may be more time and cost effective. Vice Chairman Scarborough stated there is a desire not to have fresh water flowing into the Lagoon; and there are some other issues that are worth pursuing long-range as this will recur.

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

Vice Chairman Scarborough stated the next issue was flaps to stop backflow. Commissioner Colon stated she needs feedback from Mr. Minneboo or Mr. Jones about this. Mr. Minneboo stated he will order the gates.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to authorize staff to order and install the flap gates. Motion carried and ordered unanimously.

Commissioner O'Brien inquired if the County can get money from the St. Johns River Water Management District to offset some of the cost; with Mr. Minneboo responding he would like the District to pay for the pump. Mr. Jones inquired if installation of the flap gates would constitute alteration of the existing system and would the District require a permit, or is it something which can be authorized today. Mr. Ellidge responded that will require a permit, but it will be included in the emergency authorization.

Commissioner Colon stated the third issue is to be able to go into the subdivision and remove whatever may be preventing the smooth flow within the subdivision. Mr. Minneboo stated as soon as the water is down, they will clean the swales to try to correct that situation.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to direct staff to clean ditches and swales in Deer Run. Motion carried and ordered unanimously.

Commissioner Colon stated the next issue would be authorizing the County Engineering staff to finalize the drainage report; she wants to see the dialogue between the St. Johns River Water Management District and the staff; and inquired how long will it be to have it before the Board so a request for modification can be submitted. Mr. Jones responded he has previously committed to the residents in Deer Run that they will have a report of the findings within a 30-day time frame; as part of the report, they will provide alternatives and options with conceptual cost estimates associated with implementation; and in terms of doing the final engineering design and permitting, the largest quantity of time will be for permitting. Mr. Jones stated because of the size of the watershed, it is required to go to the Governing Board for approval, which typically takes two months. Mr. Jenkins stated the initial report will be within 30 days. Commissioner Colon inquired how long the actual engineering part will take; with Mr. Jones responding probably 60 days. Commissioner Colon inquired if there is any way to expedite that; with Mr. Jones responding staff will make every effort.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to authorize study and design of drainage improvements in Deer Run. Motion carried and ordered unanimously.

Commissioner Colon inquired what the Board would like to do regarding a residential building moratorium. Vice Chairman Scarborough stated there has been some discussion on how to handle it; and at the last workshop the Board had extensive maps and discussions on how to proceed with further identifying areas. He stated this morning the Board talked about certain zoning classifications in terms of not being able to build; that deals with the possibility that someone would become nonconforming because the County may require larger lots or more land; and the other concept is to have urban boundaries of where to go and not go. He stated the County does not need to encourage any more Deer Runs; ultimately he would like to see flooding as one of the criteria of where urban boundaries are drawn; those are two separate things, land use and the specific zoning classifications; and commented on ARR zoning. He stated he is not sure he is ready to vote on a moratorium; it has to be advertised and brought back; and if that is what Commissioner Colon would like to do, that is fine; but he has some concerns on how it reads and how it will affect those people with single-family lots as opposed to developments. Commissioner Colon inquired if the Board can do something like this within a certain area or subdivision; with Vice Chairman Scarborough responding he likes to do things Countywide if possible.

Commissioner Higgs stated the Board needs to get serious about the 10 and 25-year floodplains; there could be more developments like Deer Run, but not in the 25-year floodplain; and unless the Board takes a stand and draws a line putting a moratorium into effect for 120 days or whatever, the momentum will fall apart, and business will go on as usual. She stated the more people there are in the County, the more problems there will be; it is time to figure out a way to fix this; and recommended setting a deadline to figure out a way to proceed in the 10 and 25-year floodplains. She stated she would support Commissioner Colon's motion to set a moratorium for a limited period of time so the Board can come up with reasonable ways of stopping the kinds of problems that have been heard today.

Vice Chairman Scarborough inquired if there are limitations on how long moratoriums can last. County Attorney Scott Knox stated typically the Board uses six months as the cutoff; but there may be circumstances under which it can extend that, depending on how far the Board progresses; but it has to make some kind of progress toward getting a regulation base established in the six-month time period. Vice Chairman Scarborough inquired what does Ms. Busacca anticipate; with Ms. Busacca responding a staff meeting is scheduled within the next two weeks to bring the floodplain program back to the Board, so staff can work within the six months. Ms. Busacca inquired if staff comes up with a program and put ordinances in place, could it stop the moratorium earlier than six months; with Mr. Knox responding affirmatively.

Commissioner Colon inquired about someone who has already started in the process; with Mr. Knox responding it would be up to the Board how it wants to handle that, but they could be grandfathered. Commissioner Higgs stated it could be based on issuance of a building permit. Commissioner O'Brien stated there could be a cutoff date; and if they have not applied by that date, they don't need to bother, but if the applications were in the process, they would go forward. Commissioner Colon stated if someone is in the process, she would prefer it to go forward in order to be fair to those who have already invested their money. Vice Chairman Scarborough stated the Board can word it any way that is prudent.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to direct staff to advertise a moratorium ordinance in the 10 and 25-year floodplains for a six-month period allowing any building permits that have been authorized to continue to go through.

Commissioner Colon inquired if the date will take effect once it is advertised; with Mr. Jenkins responding once there is a hearing. Commissioner Colon stated that is the intent of her motion.

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

Commissioner Higgs stated there are certain standards in terms of stormwater plans and how to deal with drainage systems within subdivisions; and it would be useful if the Land Development and Stormwater staff put together some recommendations to update those standards to reduce the probability of flooding including implications, costs, etc.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to direct Land Development and Drainage and Surface Water Improvements staff to put together a report on regulations changes to reduce the probability of flooding and advise of the implications and cost of such changes. Motion carried and ordered unanimously.

Commissioner O'Brien stated it may be necessary to go to Tallahassee for changes so when a person signs to buy a parcel of land, it is clearly indicated on the form that the property is in the 10 or 25-year floodplain with a reference indicating where he or she may find an explanation of what that means. He stated in the future there should be some consumer protection for the people of Florida, especially in low-lying areas, so they know when they buy a piece of property where it is in terms of the floodplains and what that signifies to them. Commissioner Colon inquired if the Board can give that direction to research to see exactly what would be necessary to be able to do that. Commissioner O'Brien stated the Board should direct the County Attorney and the Legislative Coordinator to work with the Delegation and Lobbyist Guy Spearman to see what they can do to stop this ball from rolling too fast; and advised the Board can see how much would be left if the farmlands are all developed.

Discussion ensued on title searches, legislative initiative, problems in getting loans and title insurance, whether property is buildable in floodplains, method of building in floodplains, and 40% of the County in the 10-year floodplain.

Vice Chairman Scarborough requested the County Attorney to provide a report.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to direct the County Attorney to work with appropriate staff to report on options to initiate consumer protection legislation to inform property buyers of the location of properties within floodplains and what that may mean to them.

Commissioner Higgs stated she would also like to know what can be done locally; with Commissioner O'Brien advising that can be done as well.

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

Commissioner Colon expressed appreciation to Mr. Ellidge, Mr. Sterling, and Mr. Juilianna for their help to the community, and requested they work closely with the County. She thanked the residents of Deer Run who have worked hard. Commissioner Higgs commended Public Works staff for their efforts to make this situation better.

The meeting recessed at 1:07 p.m. and reconvened at 2:03 p.m.

PERSONAL APPEARANCE - ELAINE McCLUNG, MELBOURNE PET RESCUE, RE:
OPERATION OF SOUTH BRANCH SHELTER

Elaine McClung, representing 4 B's Pet Rescue Group, requested the Board consider operating the South Branch shelter; and stated in the Central Humane Society Operating Procedures it references animals for laboratory experimentation; and the Humane Society has a strict policy against releasing any animals, dead or alive, for use in any scientific or laboratory experimentation. She stated the application for adoption also prohibits use of the animals for medical or other experimentation; and the adoption contract contains the same provision. She stated the Operating Procedures advised there are 15 services listed, including adoptions, receiving, licensing, providing educational information, providing euthanasia service, and rental of traps; and nowhere does it state pound seizure or that animals may be released for that. She stated if the public trusts the shelters, and later finds out that the shelters are releasing the animals to colleges for any type of training or medical experimentation, the trust will be broken; and then there will be a stray animal problem. She stated she would rather abandon her animal then know that it will wind up at a college; and a lot of citizens might feel the same. She stated on the same page under humane functions, it says, "provide shelter for homeless animals"; shelter is protection; but pound seizure is not. She stated the first paragraph says, "the Central Brevard Humane Society was organized for the prevention of cruelty to animals, to enhance the quality of life in our community by encouraging the human treatment of animals"; and she believes that all forms of animal life has an intrinsic value worthy of consideration. She read aloud the Humane Society of the United States policy on pound seizure, which condemns any organization that voluntarily sells or gives animals in its custody to biomedical research. She read aloud quotes from Good Medicine magazine concerning advance trauma life support training. She stated CBHS on paper is opposed to pound seizure; but there is a list showing when pound seizure has actively been done, the most recent being January 12, 2001 when animals went to Brevard Community College. She advised of intubation on dogs, cats, and kittens; stated this was on live animals; and it says they were surrendered to the shelter. She stated it also says the animals were in good general health, which means they were adoptable animals; and advised of adverse effects that may result from intubation. She stated the procedures call for the humane care and housing of all animals brought to the facility; but on July 13 and 14, 2001, strays from Brevard County were not taken in because the shelter had taken in animals from a no-kill shelter in Seminole County making the shelter too full. Ms. McClung advised of the amounts of the contracts with Central and South Branch; and commented on compliance with Florida Statutes, disposition form for animals not being used, and lack of by-laws. She stated she requested a copy of the by-laws; but they did not get them until June, 2001; the Articles of Incorporation are from 1981, and do not list the current Board of Directors; and advised of lack of accurate count of disposition of animals. She stated the Central Brevard Branch refuses to use the disposition form; South Branch uses the form, but leaves the end of the form blank; so there is no accurate record of disposition. She stated CBHS repeatedly ignored the requirements of Brevard Animal Services and the concerns of the citizens, and did not comply with the operating procedure or adoption contract. She stated if the County operated the South Branch shelter, it would be more accountable to the citizens. She stated the trust of the citizens has been breached with pound seizure; and displayed a kitten that is approximately the size of the ones that were sent to be intubated.

M. K. Rude stated she has gotten to know Ms. Gunde and other members of the Humane Society well; they are dedicated people whose sole purpose is the welfare of animals; most people have only had positive experiences with the Humane Society; and this organization is important to the community.

Mary Tees, Secretary for Board of Dirctors of the Humane Society, stated she has never received a request for by-laws or list of Board of Directors. She stated the kitten that was shown was cute; but most are sick, injured, or abused; and commented on emus, snakes, and other animals that are dumped at the Humane Society. She inquired who sits with the animals at night and who takes care of the bite animals until the court makes its decision. She stated there were 19 dogs at the South Branch for almost a year that were held because they were part of a bite situation; in the end they were put down because the owner said he could not take care of them; and the Shelter did not get any money for that. She stated the cuddly puppies and kittens are adorable; she has fostered 175 kittens that were less than four weeks old, with most less than a week old; she currently has six; and she does this because she loves them. She stated there is another foster mother who has 24 kittens; they are not all healthy; but they are being taken care of. She stated they do not surrender animals to be abused or for experimentation; the students need to know what an ear mite looks like, or how to take a heartworm test, or what certain conditions sound like; and the Shelter gets the animals back. She stated the animals are not abused; they are taken care of by animal protocol; and the program is an asset to the County and to the people who are learning. She stated the Shelter does not always get the cute and cuddly animals; the citizens are not always the best in caring for the animals; and it would be lovely if Animal Control was not needed, and $2.5 million could be saved; but that would require animal owners to be responsible for keeping their animals in, training them so there are no bites, vaccinating so there is no rabies, and keeping them until they die. She stated unfortunately they are not dealing with perfect people, so the Humane Society is needed.

Lee DeBarriault stated for the past two years she has been visiting the South Branch of the Humane Society, and has witnessed situations which were harmful to the welfare of the animals being housed there; and they presented Commissioner Colon with some of those things. She stated there have been recent changes to the South Branch; and they applaud the staff and volunteers' efforts. She stated according to the guidelines of the Humane Society of the United States, a shelter should be attractive and convenient to the community, and the animals should be kept in separate areas according to type, sex, and health; but the building of the South Branch is too small to house the number of animals that are coming in. She requested the Board consider enlarging the building; and noted many of the animals are having to be put to sleep. She thanked the County for putting in the spay/neuter clinic, which has helped in alleviating the overpopulation problem. She commented on ventilation problems at the South Branch, high rate of respiratory infection and kennel cough, and people not adopting sick animals. She stated there is no accountability at the shelter; it runs on a cash basis; and requested full disclosure of all books, and consideration of a more efficient way of tracking transactions at South Branch. She recommended frequent inspections of the premises to insure there is continued proper treatment of the animals; and commented on the number of animals coming into the shelter. She suggested there should be educational materials and counseling to reduce the number of people relinquishing animals; stated some animals come in and 24 hours later they disappear; and inquired where these animals go as they are not adopted. She stated they would like to see positive changes in management at the South Branch Humane Society in order to reduce the large number of animals paying with their lives.

Heather Rogers stated burnout can happen to anyone who deals with the number of animals that Central Brevard Humane Society deals with on a daily basis; the solution is not pound seizure; and there should be a more progressive approach to adoption, including counseling, community outreach, and public education. She stated Brevard Animal Services and Enforcement (BASE) has progressive thinking and is community minded; and commented on use of the mobile adoption unit and guidelines and standards for care. She stated it is difficult to relinquish an animal to a shelter knowing it may not be adopted; but the idea of pound seizure would cause more abandoned pets. She stated there are three phases to social reform, ridicule, discussion, and acceptance; and the County is at the acceptance phase. She advised none of the top ten medical colleges uses animals for training; the American College of Surgeons endorses the use of human cadavers; and pound seizure may have been popular years ago, but not in today's progressive shelters.

Melinda Buschor stated people felt it was important for the Central Brevard Humane Society to have a spay/neuter facility, and petitioned the County; and inquired why was not the Humane Society coming before the Board to ask for that. She stated the decision today is whether to allow the Humane Society to run the shelter or have BASE take it over; and commented on use of the mobile adoption unit, promotion of spay/neuter of feral cats, microchipping animals from the shelters, and collection of fees. She advised she has spoken to Dr. Ward; and allowing BASE to take over the shelters is the direction the County needs to go. She stated she is offended that animals were subjected to medical experimentation or education; and requested the Board do the right thing.

Susan Canada stated BASE would have sent the request to the Secretary for the Central Brevard Humane Society, but until recently no one knew who that was because there was no updated list of officers. She commented on use of kittens in the respiratory therapy program and other alternatives for such training; and stated she is not blaming the Shelter for BCC requesting the animals, but is upset that they sent kittens over there. She commented on use of kittens to practice intubation versus use of a cadaver; stated the American Association of Respiratory Care Technicians does not require use of animals for certification; and if such use continues, it may revoke certification of BCC's respiratory therapy program. She noted she spoke with Rich Walker, and can provide his phone number if anyone wants it. She stated when she notified BCC, that part of respiratory therapy was stopped immediately; and an account of what she did was put in a national magazine. She commented on lack of trust with the shelters and need to learn new techniques. She stated the 4 B's accountant provided the following estimated figures; the cost for the County operating the two existing shelters, if it took over the South Branch shelter, would be $623,000 including salaries for FY 2001-02; and operational costs for the South Shelter are estimated at $430,000, which could be offset by contract costs estimated at $207,473 and additional revenue of approximately $257,513 from various fees, including tags, boarding fees, transport fees, and adoption fees. She recommended when a litter of puppies or kittens are brought in that the mother be spayed; and stated there would be a savings in tax dollars if BASE took over the South Shelter, and that seems to be the way to go.

Clara Gunde, Executive Director of the Central Brevard Humane Society, stated for the past several months, the Central Brevard Humane Society, has been assailed with unfounded and scurrilous charges; and most of them have been leveled by uncredentialed individuals who apparently have an agenda of their own. She submitted a packet; and advised of letters from the President of BCC and several attending veterinarians. She stated the biggest issue seems to be the animals who traveled to BCC; BCC is a teaching facility, not a research facility; and all animals came back to the shelter without a loss, and many were then adopted. She stated the goal in working with BCC is to produce an end product that will benefit animals all over the County; and they have never been a party to experimentation. She commented on the non-invasive procedures being done at the teaching facility, and rumors that have circulated through the community. She stated they have filed their Charter, By-laws, and Operating Procedures with the County at least five or six times; in order to get their insurance certificate they have to produce those things for the County; and she cannot say where they are. She stated she has not been requested to send a list of current Board of Directors by any County office; those individuals change from time to time; but there is no problem making that list available. She advised of a letter from the President of the Humane Society, who happens to be a veterinarian, concerning their programs; and noted it includes a summary of statistical and financial data. She stated they went to South Brevard at the request of the County when the County was in serious difficulty with a prior organization; they gave up their building plans in Cocoa to go south and aid the people of South Brevard in 1990; and there have been few problems in their tenure there. She stated they have done a remarkable job under difficult circumstances; they built a program; and they have a dedicated staff. She stated she is not saying that every day is perfect; and commented on the health of animals, which may change
from morning to afternoon, and the ever changing challenge of dealing with the problems. Ms. Gunde stated they sank a little over $80,000 into equipment, which is in the shelter; it belongs to the Central Brevard Humane Society; and advised of cost comparisons with other counties per animal, which show that they are doing the job for the County at a much lower cost. She stated they have been doing the job at the Board's pleasure; and provided graphs showing the hysteria about overpopulation is not supported by the statistics, as the problem is better than it was years ago. She stated the graphs indicate the total number of cats and dogs coming in, the total number of animals put to sleep, and the total number of adoptions; and noted adoptions are up not down. She stated the County has its choice as to who it chooses to do business with; but the Humane Society has been there and weathered the storms over the decades and produced results, which she thinks are worthy of some merit. She stated there have been some changes in South Brevard in management that have been good; and explained the situation where they took in animals from a Seminole County no-kill shelter that was closing. She stated they asked the County for two days to try and save some of the animals; and Brevard Animals Services and Enforcement Director Randy Jackson and Dr. Ward were very courteous about it. She stated they have served in a superior fashion; if the County has ever had a problem, they tried to respond to it; and they will continue to do that at the Board's pleasure.

Shana Fabian stated the Humane Society condemns animals going to teaching facilities; the procedures were invasive for respiratory therapy; and she has a copy of the national article. She stated the County does not have to request a copy of the change of officers because it is in the Contract that it is to be done within ten days. She stated few counties in Florida have contracted animal shelter operations; several counties have discontinued such programs for various reasons; and advised of specific situations in Lee, Martin, and Volusia Counties. She stated accountability of animals brought to contracted shelters by BASE is an issue; BASE furnished a form for disposition of animals; but the South Branch does not fully fill out the form so an owner calling to find a lost animal cannot find out its disposition. She stated there is a conflict of interest as the County Contract with the Central Brevard Humane Society requires the Society pay the County for half of the transport costs; and without an accurate disposition form those transfer costs may or may not be recovered. She stated BASE can exercise only limited control over animals brought to shelters and cannot insist on any operational or customer service changes at contracted shelters; and the public has little recourse when a problem arises. She noted citizens are often confused as to who has primary responsibility for animals; and BASE should be operating the South shelter to avoid such problems.

Brevard Animal Services and Enforcement Director Randy Jackson stated if the Board has any questions, he would be happy to answer them.

Commissioner Colon stated she wants to be able to compare apples to apples; and inquired what is done in regard to transactions with adoption as far as cash. Mr. Jackson responded checks are difficult to manage, but there is a program to take cash or credit cards. Commissioner Colon inquired if there is a method of record keeping; with Mr. Jackson responding yes. Commissioner Colon inquired does the South Branch also have a way of record keeping with the animals that are adopted; with Mr. Jackson responding they provide a
report monthly on the adoptees, etc. Commissioner Colon inquired if the North Shelter also does pound seizure; with Mr. Jackson responding there is a strict policy against any sort of pound seizure; and it is in the contracts as well as in the adoption agreements. Commissioner Colon inquired how long has the County had that policy; with Mr. Jackson responding quite a while; and recently adoption contracts were updated to relate that to people. Commissioner Colon inquired as far as inspection, who oversees the shelters; with Mr. Jackson responding at the direction of the Board, BASE would be responsible for inspection of the shelters to insure the animals are properly cared for; and officers are in and out of the shelters on a daily basis as well. Commissioner Colon inquired if Mr. Jackson is saying the inspections are already taking place; with Mr. Jackson responding they do not do a documented inspection, but the officers are in the shelters ever day. Commissioner Colon stated there is not an inspection and written report; with Mr. Jackson advising that is not in place. Commissioner Colon inquired how long do animals stay in shelters before they have to be put to sleep and what are the guidelines; with Mr. Jackson responding typically it is five days for strays, but it varies; and they try to keep animals as long as possible. Commissioner Colon inquired if five days is the average; with Mr. Jackson responding yes, per County Ordinance. Commissioner Colon inquired if the same thing is required of someone who is subcontracting with the County; with Mr. Jackson responding affirmatively. Commissioner Colon requested Mr. Jackson explain about microchips; with Mr. Jackson responding the microchip is implanted under the skin of the animal, and there is a device used to scan the microchip to see who the owner is and to whom the animal is registered. Commissioner Colon inquired how does the procedure take place; with Mr. Jackson responding it is normally done when the spay/neuter takes place and the animal is already under anesthesia; and it is a very small incision.

Commissioner Higgs inquired if the contract with the Humane Society has term limit; with Mr. Jackson responding it comes due at the end of September 2001, so they are in the process of renewing it. Commissioner Higgs inquired if it is generally just renewed or does the County go out to bid on it. Mr. Jackson responded over the last several years, it has been a standard renewal. Commissioner Higgs inquired if the contract is audited; with Mr. Jackson responding there is an audit clause in the Agreements.

Vice Chairman Scarborough inquired if other shelters in the area have similar practices in terms of lending animals for use by BCC; with Mr. Jackson responding he is not sure. Dr. Joe Ward advised he has not done that research. Vice Chairman Scarborough requested staff do that research to see what the practice is; and noted the Board can put anything it wants in the contract. He stated if this subject comes up again, he would like to have the person with BCC who administers the program present to respond to questions.

Commissioner Higgs stated staff needs to look at the issues and bring back a report as well as any amendments that might be suggested in the upcoming contract; and it should be done in August or early September to allow sufficient time so the Board will have an opportunity to fully review it.

Commissioner Colon stated what the Board is trying to do is gather as much information as it can; it is not singling out Ms. Gunde; but any time the Board is subcontracting, there has to be accountability in regard to auditing; and inquired if Ms. Gunde has any problem with that; with Ms. Gunde responding absolutely no problem. Ms. Gunde stated they are a 501C3 group; they are required by law to have a certified public accountant do their 990 audits; and they also submit a report to the County monthly on their financial status, which she assumes is on file. Commissioner Colon stated when taxpayer money is involved, the Board should demand more accountability, as it needs to know exactly how that money is being spent; with Ms. Gunde responding that is understandable. Commissioner Colon stated she wanted to be sure Ms. Gunde was comfortable with that; with Ms. Gunde responding it is not a problem. Commissioner Colon stated staff is going to report back to the Board; she is uncomfortable about cash transactions; and there will be recommendations coming forward by the end of August so the Board can decide whether it wants to make additional recommendations to the shelters, go out for RFP, or take over the shelters. Ms. Gunde stated all adoptions are done on an automatic carbon copy, where the adopter gets a copy clearly stating how much was paid for the animal; and for returns to owners, receipts are issued for the transport fees and copies go to the Animal Services Office. She stated as far as statistical data, they provide a report to the County monthly indicating how many animals came to the shelters, how many came from Animal Control trucks, how many came from the public, how many were put to sleep, how many were adopted, and how many were returned to owners; and it is logical to assume staff is looking at that in relationship to transport fees. She noted not all animals brought in by the County are reclaimed by owners, and so only a percentage of the transport fees is collected.

Commissioner Colon states she visited the South Branch Shelter a few weeks ago; she went incognito so no one would know what she was there for; and she was not impressed by what she saw. She stated she went to the Vero Beach Shelter to compare; there was a big difference; and it was a learning experience. She stated they are trying to improve and get ideas; and the focus is on protecting the animals. Ms. Gunde stated she is happy to have this review, and is pleased the Board is forward thinking enough to take some steps to help with the problems. She stated they have gone through a management review at South Branch and have new people on staff; in that situation, they may not always be as perfect as the reviewing Commissioner or the public would expect; but even though there are days when they are not up on their toes, there are also days when they are taking in 60 animals a day, with two phones ringing and Animal Services coming in. She stated it is a horrendous task and not for the gentle people who want to carry little animals around and do bunny-hugging 101; it is a difficult job; and requested the Board review their information, and if more is required, please call her. She noted this is their busiest time of year; and they cannot abandon their shelter and the animals to write reports as they do not have that kind of staff.

DISCUSSION, RE: RESIDENTIAL IMPACT FEE RATE REVISIONS

Vice Chairman Scarborough stated some comparatives were run for impact fees in other counties; and inquired if it has been prepared in a format to allow immediate comparison; with County Manager Tom Jenkins responding affirmatively.

Anita Cragg stated she is a custom home builder and Past President of the Homebuilders Association of Brevard County; stated impact fees are a tax; and advised of an earlier public hearing at which many people spoke and gave their opinions and facts on the subject. She stated all new homes are not all built for people coming into the area; and advised of homes built for children buying first homes, people moving into larger or smaller homes, or people who just desire a new home. She stated offsite infrastructure improvements are a benefit to the entire community and should not be paid for just by people who want new homes. She stated in the past the community funded those costs through general tax revenues; local government has grown at a disproportionate rate in comparison to the number of residents; as government grows, it needs more money; and there is no incentive to reduce costs. She commented on reducing costs while maintaining an acceptable level of service, tax on new construction not being the answer to financial woes of the County, impact fees forcing higher prices and displacing lower and middle income households, and impact fees not being bondable. She stated the amount of money, which would be generated by the impact fee proposed, is not sufficient to answer the road problems; and suggested the Board consider a sales or gas tax, which is bondable. She stated the amount being discussed is only $675,000; and it does not seem like a lot of money if one mile of road costs $1 million. She inquired about the report from Tindale Oliver and Associates, and specifically why are State roads considered in the calculation of costs for a County road impact fee. Planner Steve Swanke responded the cost of State roads was used in calculating the cost of constructing a lane mile of roadway. Ms. Cragg inquired if that money comes from the State rather than local impact fees; with Mr. Swanke responding the construction costs were paid by the State; the Tindale Oliver study looked at the entire collector/arterial roadway network, which includes State roads; and it based the cost of constructing one lane mile of roadway on County and State projects. Commissioner Higgs stated it is the cost to build a mile of road, not the total need. Ms. Cragg inquired why is it higher for widening than for new roads; with Mr. Swanke responding when an existing road is widened, typically it is necessary to acquire developed property for right-of-way; and that is more expensive. Ms. Cragg inquired if it is because existing lanes are being resurfaced at the same time; with Mr. Swanke responding it is all part of the roadway-widening project. Ms. Cragg stated that is a maintenance issue, not level of service. Mr. Swanke stated it depends on the nature of the roadway; if an additional two lanes are being built of a divided highway and not affecting the original two lanes, then those costs are not in there; but if it is like U.S. 1 where they are having to take up the existing lanes to widen it, then those costs are impact fee related. Ms. Cragg stated she just wants to be sure there is no faulty accounting where a road that needs to have general maintenance is being resurfaced and put onto development because resurfacing the road does not improve the level of service. Mr. Swanke stated it does not include any resurfacing projects as they are all related to widening. Ms. Cragg encouraged the Board to read the study carefully; and submitted 159 letters from people who would be affected by impact fees. She stated the impact fee is not the way to solve the County's infrastructure problems; and the Board needs to look at sales tax. She stated she read about overcrowding in courtrooms; and suggested holding night court rather than building new facilities.

Deneen Mahoney, representing the Homebuilders and Contractors Association and the Sales and Marketing Council, which includes people from all aspects of the building industry, stated she works for Holiday Builders; 4,300 single-family homes were permitted in Brevard County last year; and the effect of the impact fee will be directly felt by the building industry, with many people taking a pay cut of 20% or more. She commented on the effect of an impact fee increase on people involved with sales of homes and people with average incomes trying to buy homes; and recommended the Board consider a sales tax, which is a more efficient way to hit the tourists and people who do not buy new homes.

Binki Kaiser, representing the building trades, stated she works for Holiday Builders, stated according to the statistics from the National Association of Homebuilders and the latest figures on household incomes in the County, $1,000 added to the price of an $85,000 home at 7% interest rate would make a difference of 814 households that would not be able to afford a home in the County; out of the 814, approximately 20% would be in the market for a new home; and this would mean 160 less homes that would be built in the County in the next year. She stated over 100 individuals are involved in the building process for a home; if the County builds 160 less homes, each one of the 100 people would take a pay cut; she estimates more than half earn less than $30,000; and a 20% pay cut would be $6,000 a year. She stated 160 homes with an average price of $85,000 would mean a loss of $13.6 million in sales; and that is money people are not going to have as income. She stated this would have a tremendous effect on the economy of the County in a time when the stock market is not looking good, and no one knows what interest rates are going to do; and computer based industries are laying people off. She recommended considering a sales tax, gas tax, or something else.

Commissioner Higgs inquired what percentage of the 814 people would be in the market for a new rather than an existing home; with Ms. Kaiser responding her calculation is 20%.

Discussion ensued on people looking for new homes.

Commissioner Higgs stated she would like further clarification.

Commissioner Colon gave Ms. Kaiser copies of the residential impact fee rate comparison of Volusia, Seminole, Orange, Osceola, and Indian River Counties, as well as the Cities of Melbourne and Palm Bay; and inquired which city has the most construction of homes. Ms. Kaiser responded it is Palm Bay. Commissioner Colon inquired if the unincorporated area is second; with Ms. Kaiser responding she assumes Viera, but does not know the number, although she has the records in her office. Commissioner Colon stated one year ago those were the numbers.

Franck Kaiser, Executive Vice President and CEO of the Homebuilders and Contractors Association of Brevard, stated the construction industry does not create the house demand; it responds to it by providing quality safe affordable housing; all new development under the current Code is built to prevent future flooding; and development wants to be part of the solution and not the problem. He stated impact fees are taxes that are paid by the consumers; the financial gain of impact fees is offset by fewer houses being built resulting in fewer building fees being collected; and commented on loss of taxes, wages, and sales tax. He stated sales tax is paid on all the materials that go into the construction of a home; on the average $85,000 home, $2,400 is paid in sales tax; an additional 1% tax would add another $400 to the house; the proposed impact fee increase for the first year would add an additional $415 for a total of $815; and that is purely inflationary. He stated the additional annual increase does not appear to be proper and will be legally challenged. He stated it is true that residential growth does not pay for itself as a category; however houses priced at $150,000 or above do pay for themselves; commercial, industrial, and retail pays for itself; therefore, growth as a whole does pay for itself. He stated new construction can barely make a dent in the infrastructure requirements of the County; and it will take the commitment of the entire County to pay for the things that benefit everyone. He commented on increasing requirements, new members of the community not generating those requirements by themselves, and existing families growing up and moving into new homes. He stated due to the strong economy, the County is already collecting more taxes every year without additional growth because of increased property values and increased spending and tourism; and it is time for the Board to do the right thing rather than the political thing to get reelected. He stated no one wants to pay taxes, especially when they are not being applied properly; but everyone is willing to pay their fair share for the expanding infrastructure needs; and he will support any broad based user tax, such as sales tax, to fund the infrastructure needs including adequate schools. He stated neither sales tax nor gasoline taxes are regressive, and they are bondable; and recommended the Commissioners stop running their election campaigns based on no new taxes. He stated the price of everything goes up each year; as the County keeps adding staff, its overhead goes up; wages, insurance, and utilities are all increasing; and taxes must be increased to pay for it. He stated all businesses are having the same experience; and recommended working together to find a reasonable solution to funding needs that is not on the back of young first-time homebuyers and does not inflate the cost of comparable existing homes.

Commissioner Colon inquired how is it attractive to raise taxes to get reelected; stated Mr. Kaiser is saying to raise the sales tax; but on the other hand he is saying for an elected official it is popular to raise or reimpose impact fees. She inquired if Mr. Kaiser supports the sales tax increase but not impact fees; with Mr. Kaiser responding that is correct, because it would be a broad-based tax. Mr. Kaiser stated they will support any broad-based tax, be it gasoline tax or sales tax; and everybody will pay their fair share of that, not just someone buying a new home. Commissioner Colon stated the City of Palm Bay has had a residential impact fee for years; the City charges $836.39 just for the transportation impact fee for a single-family home; and inquired if Mr. Kaiser believes it has stopped anyone from buying homes or building new homes in the City. Mr. Kaiser stated it has affected sales; and recommended Commissioner Colon check with the Palm Bay sales offices of Holiday Builders or Mercedes Homes. He stated the $800 impact fee on the price of the home probably tips about 100 homes a year from being built in Palm Bay. Commissioner Colon stated the reality is they are coming in no matter what; the $85,000 homes are beautiful; and they are still very affordable compared to the homes from the areas people have come from. Mr. Kaiser stated looking at the median income range, a lot of them cannot even afford that price of a home. Commissioner Colon stated she wanted to be sure the Board was being fair; and that is why she wanted everyone to have the data concerning what everyone else is charging. She stated the Board will probably not make a decision today as the Chairman is not present; and it is important for the Board to get feedback from the people so it can have a better understanding of what to do. Mr. Kaiser stated he has information for the entire State; some are higher and some are lower; and recommended looking at the corresponding ad valorem taxes when comparing impact fees.

Commissioner Higgs inquired if Mr. Kaiser is in favor of raising ad valorem taxes as well as the sales and gas tax. Mr. Kaiser responded no; the Association is not supporting that; and personally he does not like to pay taxes any more than anyone else. He stated people are complaining about the quality of roads and not having enough schools; his mother who lives in St. Louis has not had children in school for 40 years, but pays $3,000 a year just in school taxes; and if people want those things, they are going to have to pay for them. Commissioner Higgs inquired how Mr. Kaiser would generate that money; with Mr. Kaiser responding in taxes. Commissioner Higgs requested Mr. Jenkins advise of the number of employees per capita or have someone present on Thursday to clarify those issues, as she does not want the record to reflect some of the statements that were previously made about County government Lillian Banks stated she understands the Board wants to increase impact fees on development because it does not have enough money for infrastructure; but she sees it as an effort to slow development and find a way to raise money to support County government. She stated every one of the Commissioners campaigned on less tax and less government; they have failed; and all she sees is another way to generate more money, more government, and more taxes. She stated the Board has fostered a dislike for developers by saying that development does not pay for itself; citizens blame developers when their taxes go up and their roads are crowded and full of potholes; and requested the Board explain the $1,234,100,000 of documentary stamps that the State received in 2000, which is generated by the buying and selling of houses and land. She stated Brevard County contributed $24,668,300 to that; and the shocking part is how the money is spent, such as Preservation 2000, Florida Forever, land acquisition, ecosystem
management and restoration, conservation and recreational land, marine conservation, water management, etc. She stated all of those are related to environmental projects and received $537,000,000; and outlined things that will be added next year such as aquatic plant control and the Water Quality Assurance Trust Fund. She stated most of the documentary stamp funds are generated from residential and commercial development projects; and it seems logical that some of the funds should be used to pay for the infrastructure. She noted the County has no problem asking the State for matching funds for land grabs; and suggested asking the State to share some of the environmental funds rather than raising taxes. She commented on money for the EELS program, St. Johns River Water Management District, and referendum for recreation projects. She stated from the transportation website she found that another $254 million from transportation funds pays for non-transportation purposes; $8.8 million goes to environmental agencies; and it is more money, more government, more taxes. She stated she has painted a picture of excessive tax dollars being spent in the environmental segment to the detriment of other segments such as roads and drainage; and the Board cannot be trusted with a sales tax increase or impact fee on development, because it will divert it to greenways, critical habitat, manatees, etc. She commented on purchase of habitat, $80 million being spent for a bird, and building construction being down from last year; and recommended the Board go back to the drawing board and learn how to siphon off some of the environmental money and put it into other segments of society.

Commissioner O'Brien stated all of the money Ms. Banks talked about is State money; the County does not control the State budget; and if Ms. Banks feels strongly about it, she should go before the Legislators. Ms. Banks advised she is there too. Commissioner O'Brien advised of the choice between documentary stamps and a State income tax. Ms. Banks stated she does not want a State income tax; but Commissioner Carlson recently said she is going for another $5.5 million to buy land and another $1.5 million to make it into a park; and the County does not need another park. Commissioner O'Brien noted if Commissioner Carlson does not ask for the money for Brevard County, another county will get it. Ms. Banks recommended asking for money for infrastructure; with Commissioner O'Brien responding they do that too. Ms. Banks stated she has not noticed anyone saying they got any money; the County has a gas tax; it is getting money from impact fees; and recommended talking to the Transportation staff, which is pending $254 million, and giving $8.8 million to environmental causes that have nothing to do with transportation. Commissioner O'Brien again recommended Ms. Banks talk to her State Legislators. Commissioner O'Brien and Ms. Banks discussed going to the federal government.

Dave Armstrong, representing Armstrong Custom Homes and President of the Homebuilders and Contractors Association, stated since 1955 he has seen the County grow; there is a misconception that builders build 50 or 60 homes and wait for people to come; but the builders are building for a need, and people have asked for the homes to be built. He stated they build for a targeted market; some builders target the $85,000 to $90,000 market; and he takes offense to the theory that it does not matter what the impact fee is because people will buy. He commented on his daughters who, even though they are employed as a teacher and as a banking specialist, cannot qualify for an $85,000 home; and he questions whether the Board is doing the right thing by looking at a source of revenue that stops entry level home buying. He stated he grew up in Palm Bay when there were lots of roads but no houses; those roads have been improved; and expressed offense at the attitude that infrastructure is paid for by people moving into the area. He stated most of his customers probably will not mind an increase in impact fees; but inquired what about the other 50% of the County that makes under the level that allows them to afford an $85,000 house. He inquired if they should be forced into modular homes or prefab homes; and does the County want to burden new home construction so bad that $40,000 modular homes are put in, with no building code on a lot of such homes. He questioned looking at other counties to see what they are doing; and commented on the specific problems of the County that are unlike other counties. He stated if all the impact fees being proposed were collected, it would not be possible to build one-half of a school; and raising the house price, not allowing people to have a house, and not building schools is doing a disservice to the people the Board serves. He stated the homebuilders know that infrastructure and schools are needed; but there are alternatives to schools; and impact fees are not the way to do it. He advised Davie, Florida, which has an impact fee of $12,000 or $15,000 has zero growth and no place to build; Brevard County has a lot of space to build; and he wants to see the County grow substantially; but taxes need to be broad based and palatable for everyone. He suggested, if the County wants to built schools, it can put on a one-cent sales tax for one year and build 5.5 schools and be honest with the public rather than putting a lot of other things under school construction. He commented on the referendum to build the jail; and stated putting impact fees into place is unrealistic and will slow growth, and it is not the way the County should act.

Commissioner Colon stated if Mr. Armstrong will give her the names and phone numbers of his daughters, she will be happy to introduce them to plenty of banks which, with their credentials, will be happy to help them purchase a home; and she finds it difficult to believe with his contacts, that Mr. Armstrong's daughters would not be able to get a home. Mr. Armstrong stated he has enough contacts to get them a house; but going by the rules, if someone makes under $30,000 a year, they cannot qualify for an $85,000 home. Commissioner Colon stated she has friends in the real estate business; and they tell her that while a percentage of the people are upgrading and buying homes, the majority of people who are buying land and building homes in Palm Bay are not from this area. Mr. Armstrong inquired if that means the County should penalize people coming in; with Commissioner Colon responding it is still very affordable for people to buy a home in the County. Mr. Armstrong stated affordability is in the mind of the person trying to buy a home; if an individual makes $14 an hour, he or she cannot qualify for an $85,000 home, because those are the rules; and he can go to a bank and pull strings, but that is not what the Board is talking about. He stated the discussion is about building an infrastructure that everyone can be proud of ten years from now, with everybody sharing in the payment. He inquired if someone moving from Suntree to the beachside should pay an impact fee. Commissioner Colon stated she thought Mr. Armstrong was concerned about people who cannot afford homes; and inquired what that has to do with moving from Suntree to the beach. Mr. Armstrong stated he is concerned about the whole thing; people coming in can be penalized; and he disagrees with that. Commissioner Colon stated anyone who causes an impact has to pay their fair share. Mr. Armstrong stated he likes Commissioner Scarborough's suggestion about putting on a gas tax as gas is down 15 cents a gallon; with Commissioner Colon advising Commissioner Scarborough no longer supports that. Vice Chairman Scarborough stated the advocates of the gas tax who were working on that requested it be removed from the ballot because gas prices were going up. Mr. Armstrong stated he does not disagree with that, but prices are going down now; and he disagrees with putting something in place that gradually increases every year and makes it so that people cannot afford a house.

Clarence Rowe stated his card may not be marked appropriately as he wants to speak on tax abatement. He stated he has been before the Board numerous times on impact fees; and he is concerned that the Board continues to do business as usual. He stated the Board needs to look at the economy as it is today, which is not what it was five or ten years ago; the economy is on a downhill roll; and people need jobs that pay a decent wage. He advised of a wage study done by the Brevard Workforce Development; and recommended some of the practices be implemented. He stated impact fees and wages go hand-in-hand when looking at the low income pockets; there are a lot of people in the black community who do not make $10,000 to $13,000 a year; those who do are a small percentage; and the majority are at the low end. He commented on inability to get into the first-time homebuyer market, lack of specific information about number of positions and salaries of companies, and averaging salaries. He requested the Board look at what it is doing and try to include a better economy for all people in the County.

Vice Chairman Scarborough stated over the years the Board had extensive discussion about the effects of impact fees at different levels; and for someone in an expensive home, the impact fee may represent a fraction of a chandelier, but to a young couple barely making it, it may mean whether they get a home or not. He noted staff is not prepared to comment on this issue today; and requested someone meet with Mr. Rowe on this issue. He stated when the numbers are run, the Board is stuck with those numbers; but the level of impact varies.

Mr. Rowe stated if there is going to be a tax abatement plan, he would appreciate receiving more specific information on the number of positions and salaries; and commented on averaging salaries. He stated the study said it is necessary to make at least $14 an hour to live in the County; but there are a lot of people who do not make $14 an hour. He stated the EDC recently hired someone to boost employment; and advised of needs in the medical field. He requested information on the company receiving abatement, including the specific number of positions and salaries.

Paul Joyal stated he has been a County resident since 1957, and has seen the County grow; and he is opposed to impact fees or any increase in impact fees. He stated impact fees are an unjust tax strictly on new homes; and commented on existing residents who wish to buy a new smaller home, but have to pay impact fees even though they have lived here for years. He advised he has a son in the military who would have difficulty qualifying for a house in Brevard County with the increasing impact fees. He stated he cannot see the fairness when someone with five children can move to the County, rent a home, put their children in school, and never pay for any impact other than a little gas tax; but someone who has been here for years would have to pay the impact fee if he bought a new home. He stated in his business, 33% of the homebuyers have lived here one to two years; the majority of the people have been here more than five years; and they are the ones who will be impacted. He commented on the effect of impact fees on increasing pricing of future houses including the resale market. He stated impact fees are not a bondable tax; they are an unfair tax; and the Board should look at something more broad based. He stated the impact fees would not do much as far as building a new school or highway; and the Board needs to look at a broad-based tax on all of the people in the County.

The meeting recessed at 3:59 p.m. and reconvened at 4:10 p.m.

Commissioner Higgs stated the Board has been engaged in a discussion about how to provide revenues for the infrastructure that is at a deficit; in the last years the Board has been conservative in regard to expenses; and expressed concern about the earlier presentation that implied the Board may have been less than conservative in its expenditures. She stated she asked Mr. Jenkins to provide information about the revenues and expenditures per capita and the aggregate millages for the County since 1991 because she does not want people to think the Board has grossly expanded the County government. Assistant County Manager Stockton Whitten stated the revenues per capita are adjusted for inflation; for FY 2000 the revenues per capita are approximately $153 per person; for FY 1993 they are approximately $187 per person; so the FY 2000 revenues per capita are actually lower than in 1993. He stated the expenditures per capita, adjusted for inflation, in 1993 were approximately $181 per capita; in FY 2000 they were $175 per capita; so there has been a decrease of $6 per capita. He stated the aggregate millage rate, adjusted for voter approved millage increases, was 6.7574 mills in 1992-93; the recommended millage for FY 2002 is 6.7001 mills; and that is a decrease of 0.573 mill. He stated the general Countywide tax revenue in millions adjusted for inflation in 1991 was $46.3 million; in 2000 that figure is $43.5 million; the general fund tax revenue as a percentage of the total County budget in FY 1996 was a little less than 12%; and in the preliminary budget it is a little less than 11.5%. He stated looking at general fund as a percentage of the County total budget for 1996, it was approximately 24%; and in the preliminary budget for FY 2000, it was approximately 25%; so it is in the same range. Commissioner Higgs stated there may be disagreement on this issue, but it is important that the financial record of the Board for the past eight or nine years be truthfully presented. She stated the action today is to move this to a public hearing, which will be scheduled for August 28, 2001; and that is the only issue before the Board at this time.

Vice Chairman Scarborough inquired if the Board will have the capacity to move the rates around at the public hearing; with County Attorney Scott Knox responding yes.

Discussion ensued on how the public hearing should be advertised; with consensus reached to advertise broadly so the rates may be modified higher or lower.

Vice Chairman Scarborough stated Commissioner Colon said earlier that Chairman Carlson has been instrumental in this issue, but because of the death of her father has not been able to be present today; the Board needs to get into extensive discussion of all the issues; and that could occur at the hearing. He inquired if some impact fees are decreased; with Planner Steve Swanke responding there are some decreases.

Motion by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance amending the Impact Fee Ordinance providing flexibility to increase or decrease impact fees.

Commissioner O'Brien stated he cannot vote in favor of the motion; the impact fees in place at this time are sufficient; and commented on the effect of the impact fee on a manufacturer constructing a 30,000 square-foot Butler building. He stated the impact fees are antagonistic toward industry, especially small industry; and small industry is the backbone of the American workforce. He advised the County has four or five major manufacturers; there are approximately 3,000 other small industries; and commented on the effect of the impact fee on the economy and the job market. He stated layoffs are coming again lately; and unless more industry is found to absorb those jobs, the County may end up with another high unemployment rate. He stated the Board should not be doing this; and commented on the disparity between a spa and racquet club being charged $4.71 per 1,000 feet and a church being charged $6.15 per 1,000 square feet when the church makes less impact. He stated some of the fees are punitive; and he cannot support going forward. He stated if the motion fails, he will make a motion to deny going any further with this.

Commissioner Higgs inquired if the advertising is only for residential impact fees; with Planning and Zoning Director Mel Scott responding that is correct. Commissioner Higgs stated the question that Commissioner O'Brien is addressing in terms of commercial would not be brought up at the hearing.

Commissioner O'Brien stated in residential it would take 968 new homes to pay for one mile of road; last year the total building permits pulled for single-family homes was approximately 1,700; that would be almost enough to build two miles of road; and that is woefully insufficient. He stated he agrees with the homebuilders; if impact fees are increased on new homes, it will put new homes out of the reach of young people and those who work hard for a living who have always wanted to own a piece of America; and advised of legislation for hurricane protection that added $5,000 to the price of a new home. He commented on the inability of young people to buy homes; stated it is implausible for the Board to look at it as if everybody can afford a house; and the higher the stakes are raised, the more people will be excluded.

Commissioner Colon stated out of respect for Chairman Carlson, the Board needs to put it on the next agenda to give her an opportunity to have a voice. Vice Chairman Scarborough inquired if Commissioner Colon wishes to do that before it is advertised; with Commissioner Colon responding no. Commissioner O'Brien stated by moving it forward all that is being done is bringing it up for discussion one more time; unless the Commissioners are saying they will vote for increased impact fees, then it should stop now. Commissioner Colon recommended advertising the public hearing; stated there is also room for decreasing fees; and all of this will be discussed at the public hearing.

Commissioner Colon seconded the motion.

Vice Chairman Scarborough stated there was discussion about other taxes and other ways to raise money; and nothing the Board does is done in isolation. He stated it will be a tremendous burden to talk about a sales tax if the Board does not first look at the impact fee figures; and even if the Board adopts the proposed impact fees, it will still be far below Orange and Osecola County. He stated the Board is mindful of helping people who have minimal amounts of money become homeowners; and that conversation needs to be reactivated. He commented on fees being passed on to consumers, precluding people from owning a home, and not wishing to move in that direction. He stated if the Board fails to move with the discussion about impact fees, it will be incapable of discussing the sales tax; an impact fee will raise an additional $600,000 to $800,000, and there are limitations on it; but the sales tax has the capacity on the County side to allow it to borrow $250,000,000, which can touch all kinds of things in all kinds of ways. He stated if the Board does not discuss the impact fee in the fullest sense, it will doom the sales tax discussion because as the Board approaches the sales tax, it would be talking about what other counties do. He inquired how the Board can discuss what other counties do with the sales tax and not at the same time address these concerns; stated it is incumbent upon the County not to let additional costs result in first time homebuyers not being able to have a home; and he will support the motion.

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

Commissioner O'Brien stated he does not like the concept; and if his neighbor bought a Mercedes, it does not mean he has to do the same thing.

Vice Chairman Scarborough stated the motion was to advertise; this is a complex subject; and inquired if it would be beneficial to have a workshop on the item before it comes to public hearing; with Commissioner O'Brien responding yes.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to schedule a workshop to discuss impact fees prior to the public hearing. Motion carried and ordered unanimously.

Commissioner Higgs inquired if representatives of Tindale Oliver could be present. Vice Chairman Scarborough stated Ms. Cragg had some questions on that; other impact fees are what drives the other counties' impact fees higher than Brevard County's; and he needs to know what they are doing, what they are not doing, and why, so he can compare apples to apples. Commissioner Higgs stated when the Board had discussions with the consultants there were different mechanisms in regard to sizes of homes; and she would like to revisit that. Vice Chairman Scarborough stated there was discussion on ways to do it without impacting the smaller home.

Discussion ensued on having consultant Tindale Oliver present.

Mr. Swanke advised Tindale Oliver is under contract, and funds are available in the Impact Fee Administration Account to fund their attendance. Vice Chairman Scarborough stated he has no desire to go back through all their methodology; but the community has questions; and if Tindale Oliver can be present, that would be worthwhile. Commissioner Higgs recommended questions be submitted in writing.

Commissioner O'Brien stated at the workshop he would like to see a layout starting with a $75,000 home, going up to $150,000, showing what the property taxes are per year, and other annual expenses to try to get an annual figure.

Commissioner Higgs requested the consultant provide information about the impact of the size increase the Board is considering on various home buying markets.

Vice Chairman Scarborough called for the public hearing to consider an ordinance amending site plan code for change of use of existing facilities.

Commissioner O'Brien stated representatives of the Cocoa Beach Area Chamber of Commerce were here earlier; and they advised there has been very little discussion on this item, and they are not against it.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt an Ordinance of Brevard County, Florida amending the Code of Ordinances, Chapter 62, Land Development Regulations, Article VII and Article VIII, specifically amending Section 62-2801 entitled Definitions and Rules of Construction, including definitions for change of use; Section 62-3201 entitled Purpose, providing for upgrades to nonconforming site; Section 62-3202 entitled Conditions and General Considerations of Issuance of Site Development Plan Approval, requiring a site development plan for change of business use; Section 62-3203 entitled Developments Requiring Site Development Plans, requiring a site plan; Section 62-3204 entitled Site Development Plan Submittal and Approval Procedure, requiring the submittal of a major site plan; Section 62-3206 entitled Traffic Parking and Loading Requirements, requiring sufficient parking; providing applicability in unincorporated areas; providing interpretation of conflicting provisions; providing severability; providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-4062, REQUIREMENTS
FOR FLOOD PROTECTION

Vice Chairman Scarborough called for the public hearing to consider an ordinance amending Section 62-4062, Requirements for Flood Protection.

Commissioner Higgs stated this is the flood protection item that needs to be done for FEMA. Commissioner O'Brien stated he wants to go beyond what FEMA says by adding an additional six inches or something because if a home is just at the flood line, it is going to be flooded.

Commissioner Higgs stated she agrees the Board should look at that; the Board talked about Land Development Regulations this morning concerning the building situation; but the Board needs to do this for the FEMA requirement. Commissioner O'Brien stated about five years ago the Board lowered it from 14 inches to ten inches above the crown of the road. County Manager Tom Jenkins stated the Board raised it. Commissioner O'Brien stated when former Commissioner Scott Ellis was on the Board, the Board lowered it; and the Board should look at that.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt an Ordinance of Brevard County, Florida amending Chapter 62, Article XI, Code of Ordinances of Brevard County, Florida; specifically amending Section 62-4062, entitled Specific Standards, requiring lowest horizontal structural member to be elevated to or above the base flood elevation level; providing applicability in unincorporated areas; providing interpretation of conflicting provisions; providing severability; providing an effective date. Motion carried and ordered unanimously.

Commissioner O'Brien requested the Board follow up on this sometime in October 2001. Assistant County Manager Peggy Busacca advised this will be done as part of the floodplain report.

APPROVAL OF TERMINATION NOTICE TO G. C. SERVICES, INC., PERMISSION TO
SOLICIT PROPOSAL, APPOINT SELECTION AND NEGOTIATING COMMITTEE,
AWARD PROPOSAL, AND EXECUTE CONTRACT, RE: DEBT COLLECTION SERVICES

Anthony Serranto, National Account Manager for G. C. Services, advised his company has been under contract with the County for the last two years for debt collection; and advised of his background. He requested the Board vote against the item on the Agenda, which is to terminate the Contract; and stated G. C. Services has a network of 85 law firms throughout the United States; and this is the first time in 44 years there has been a problem with any law firm. He stated Foster and Lindeman, PA created a serious mistake in handling a particular case; the matter has now been corrected; and submitted a letter explaining the situation. He apologized for the mistake, which bordered on fraud; stated they take it very seriously; and they are more than willing to remove Foster and Lindeman, and have taken steps to do that. He noted the firm represented G. C. Services for 17 years in the State of Florida with no problem; but the important thing is they have been removed from doing any work on the Contract. He stated there is one remaining year on their Contract; when the Contract was first approved two years ago, there were four participants, the County Court that had about $56 million in outstanding receivables; Code Enforcement that had about $6 million, which has been reduced to $1 million; Solid Waste that had approximately $435,000, which has been reduced to less than $70,000; and Animal Control that had approximately $390,000, which has also been reduced substantially. He stated they did not receive any of the $56 million under the first Contract; and the Contract was renewed for two more years as if the first year never existed. He advised the County Court is going through a case management system conversion; and hopefully the $56 million will be available to be placed sometime in August or September of this year. He stated as part of the evaluation when they first took the Contract, they pointed out language modifications that needed to be made for Code Enforcement, Solid Waste, and Animal Control; but they have not been done. He commented on the authorized 40% rate and inability to get Ordinances modified to include statutory provisions, which he pointed out in April 2000.

Commissioner Higgs inquired to whom was that pointed out; with Mr. Serranto responding the Purchasing Department. Mr. Serranto stated he also submitted information on a Code Enforcement case from the Circuit Court in Palm Beach; one of the things tested using the Code was whether or not the County had the authority to outsource to a private vendor; and the County came back on appeal and said it did have such authority. He stated it is a State law, but in Brevard County, the Ordinances have not been modified to embellish the 40% provision. He advised Governor Bush just vetoed the Article V Trust Fund monies to the County, which means the County will not get its share of the $20 million; and the Clerk of Courts probably has a good idea how that is going to impact the County. He stated that is another shortfall the Board will have to face; commented on the procurement procedure and the time it would take to get a new firm on board; and requested the Contract be renewed for the last remaining year.

Commissioner Higgs inquired if Mr. Jenkins can address the question of the provisions that need to be changed in the Ordinances regarding collections. Assistant County Manager Stockton Whitten responded the State allows collection of the cost of recovery; and requested Mr. Serranto elaborate. Mr. Serranto stated the Statute authorizes up to a 40% add-on; prior to the law being enacted in July 1998, the only way to do any type of court-related collection work was to have the County Commissioners allocate set-aside monies out of the budget every year to pay a vendor; and that is not a good use of taxpayer dollars. He stated that burden should be put on the debtor who failed to pay; under the Statute, the County is not obligated to set that money aside; and instead there is an add-on of 40%. Mr. Whitten stated it was his understanding the County had done that by Resolution. Mr. Serranto stated that is right; and in the Code Enforcement case, where the Judge took exception to the percentage being added, they chose not to appeal because of the problems with Foster and Lindeman.

Commissioner Colon stated the law firm is no longer doing business with the County as far as the Contract; and inquired if an investigation is being done to insure this is not happening to any other G. C. Services customers. Mr. Serranto responded yes; and outlined measures that have been taken.

Commissioner Higgs inquired about the additional year on the Contract; stated it was her understanding that it was going out to bid; and requested an explanation. Mr. Whitten stated the year Mr. Serranto is alluding to is the option year; and the request is to either approve issuing an RFP or grant the vendor the option year.

Commissioner Colon stated something questionable ethically transpired; and inquired if that would be something the Board would automatically consider as far as not honoring the extra year. County Attorney Scott Knox stated in Mr. Serranto's defense, his company did not do well in the deal either; and in terms of the law firm's activities, that is something the Board can look at and file a grievance with the Florida Bar.

Vice Chairman Scarborough stated he prefers to keep things of this nature in-house because in many cases there are extenuating circumstances where the County would not want to pursue; and a collection attorney is there for the money, not for the greater good. He stated he can see a collection agency running these things through, but when it comes to an attorney, he would like to get a report from the County Attorney on the capacity of his office to handle those issues. County Attorney Scott Knox stated the Board has a report coming on outside counsel and he can add this issue. Vice Chairman Scarborough stated this is a separate issue; he would prefer not to have the County Attorney off in a major trial when the Board has specific questions on an agenda item; but the Assistant County Attorneys can handle the smaller items. Mr. Knox stated he will provide a report.

County Manager Tom Jenkins stated those that are for Code Enforcement liens may be considered in-house; but in terms of collecting court costs and things like that, that may be more readily done outside. Vice Chairman Scarborough suggested looking at the all of them; and advised of extenuating circumstances he has encountered.

Commissioner Higgs inquired when does the Contract expire; with Purchasing Manager Steve Stoltz responding September 30, and by the terms of the Contract, the County has to provide 60 days notice of intent. Vice Chairman Scarborough stated he would like to revise the methodology of the attorney sequence, so he is not ready to go at this time. Commissioner Higgs stated if the Board is going to exercise the option to renew for a year, it may be able to negotiate some of the issues.

Mr. Serranto stated he would be happy to negotiate; and advised of the previous vendor, Mid-America, which only collected $65 on a three-year contract. He commented on the bid process, working on legislation, need to have a law firm, and going out for competitive bid. He stated their attorneys would make contact with Assistant County Attorney Terri Jones; when the foreclosure sales come up, the County has to indicate whether it is going to bid on the property or not; and they have had communication.

Vice Chairman Scarborough stated he would prefer the County's attorneys rather than G. C. Services' attorneys handle it; and inquired if it is imperative to give notice of termination at this time if the Board is going out for RFP. Mr. Stoltz advised per the terms of the existing Agreement, the County is required to provide the contractor 60 days notice of intent; and the question is whether the Board wishes to allow the current Agreement to expire on September 30 and go back out for RFP or extend the Agreement. Vice Chairman Scarborough stated he is willing to talk about amendments to the Agreement, without precluding the possibility that if it does not work out, the County may go out for RFP; and inquired if the Board does not give notice today, what is Mr. Serranto's posture. Mr. Serranto stated he wants his Contract renewed, and will do whatever it takes. Vice Chairman Scarborough inquired if a 30-day notice would be acceptable; with Mr. Serranto responding that is fine.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to amend the Agreement with G. S. Services for debt collection services, providing for 30 days notice of termination instead of 60 days. Motion carried and ordered unanimously.

Mr. Serranto advised of changes to the Code Enforcement Statute that now allows money judgments rather than foreclosures. Vice Chairman Scarborough stated part of the problem is the Board does not know all the facts; and commented on concern for the greater good of the community, ramifications in other areas, and attorneys finding extenuating circumstances to be irrelevant. Mr. Serranto inquired if he should be dealing with Assistant County Attorney Jones on the procedure issues. Vice Chairman Scarborough suggested allowing the County Attorney to do a memo and the Board discuss it before responding.

Commissioner O'Brien stated Mr. Knox can bring back the Contract under the Consent Agenda; with Mr. Knox advising he can do that, and if anyone wishes, they can pull it for discussion.

Commissioner Colon inquired if Mr. Serranto is here from California; with Mr. Serranto responding yes, but he has in-State offices.

DISCUSSION, RE: IMPLEMENTATION OF CONSTRUCTION STANDARDS FOR PRIVATE
BOAT RAMPS

Commissioner Higgs stated there should be some standards for boat ramps; and requested the Board refer the issue to the staff and County Manager to come back with a report on some criteria to use in permitting boat ramps.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to refer the issue of implementation of construction standards for private boat ramps to staff to come back with a report on criteria for permitting such boat ramps.

Commissioner O'Brien stated he read there was one instance in the South Beaches where a person put up a boat ramp and the neighbors were upset; but there is no huge track record of problems. He stated the setback may be the problem; and suggested setting a setback.

Vice Chairman Scarborough stated a report would allow the Board to look at what is relevant and what is not.

Commissioner O'Brien stated it is not a consistent problem. Vice Chairman Scarborough suggested staff touch base with adjoining counties to see what they are doing. Commissioner Colon stated if it was important enough for Commissioner Higgs to ask the question, the Board should support her. Commissioner O'Brien stated in the years he has been on the Commission, there have not been problems with boat ramps. Commissioner Higgs stated it will not come up every day; there may be things that need to be set up in the Code; and requested a staff report.

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

SETTLEMENT AGREEMENT, RE: EXEC, INC. D/B/A THE BOARD ROOM ET AL V.
BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize the County Attorney to enter into a Stipulated Motion for Attorney's Fees and Memorandum of Law to settle the case of Exec, Inc. d/b/a The Board Room et al v. Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING MAINSTREAM ENGINEERING CORPORATION AS AN
ELIGIBLE BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM, AND
AUTHORIZING A PUBLIC HEARING TO CONSIDER AN EXEMPTION ORDINANCE

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution qualifying Mainstream Engineering Corporation as an eligible business under the County's Tax Abatement Program, and authorizing a public hearing to consider an exemption ordinance. Motion carried and ordered; Commissioner Higgs voted nay.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
STANDARDS FOR OPEN SPACE SUBDIVISIONS

Motion by Commissioner Colon, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 762, Land Development Regulations, Section 62-3000, Standard for Open Space Subdivisions. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION, RE: FINANCIAL ASSISTANCE FROM LAND
AND WATER CONSERVATION FUND PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve grant application requesting financial assistance from the Land and Water Conservation Fund for the
development of Palm Bay Regional Park; authorize the Parks and Recreation Director to execute the Grant Agreement and Budget Change Request to establish the grant budget with a temporary loan from the General Fund if the grant is approved; and adopt Resolution to amend the Comprehensive Plan to include the project. Motion carried and ordered unanimously.

PERMISSION TO ISSUE PURCHASE ORDER EXCEEDING $35,000 TO FISCHER
CHEVROLET, RE: SIX TRUCKS WITH FOG EQUIPMENT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve issuance of Purchase Order in excess of $35,000 to Fischer Chevrolet for six 3/4-ton 4x4 pickup trucks; and authorize adjustment of the Capital Improvement Program Fund to allow for the purchase of the vehicles and pesticide spray equipment for each vehicle. Motion carried and ordered unanimously.

County Manager Tom Jenkins stated the six trucks are for Mosquito Control. Vice Chairman Scarborough stated there is a ten-day cycle; with the new trucks it will move to a six-day cycle for spraying; and that will make a difference. Commissioner O'Brien advised the helicopters have been down for repairs. Commissioner Higgs inquired if staff is looking for additional helicopters; with County Manager Tom Jenkins responding affirmatively.

 

RESOLUTION, RE: AUTHORIZING BREVARD COUNTY EDUCATIONAL FACILITIES
AUTHORITY TO ISSUE PRIVATE ACTIVITY REVENUE BONDS NOT TO EXCEED
$31,000,000

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution authorizing the Educational Facilities Authority to issue private activity revenue bonds not to exceed $31,000,000 to be utilized by Florida Institute of Technology. Motion carried and ordered unanimously.

DISCUSSION, RE: CITY OF WEST MELBOURNE ET AL V. CITY OF PALM BAY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Settlement Agreement in the case of City of West Melbourne et al v. City of Palm Bay. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION
62-2103 OF THE LAND DEVELOPMENT REGULATIONS, ALTERATION OF LOT SIZE

Vice Chairman Scarborough stated when the County takes a piece of property, if it does not take the whole thing, there could be a property that is less than full size for building; and because of that, the person would have to go for a variance, which would create a diminishing value. He stated the idea came up to go from 20% to 50%; and he cannot support having a property that is half the size that the Code requires because the Board does not want the taxpayers to pay more to the property owner. He stated the County would spend less, but it sends the wrong signal; and the County should pay and keep the integrity of the community.

County Attorney Scott Knox stated 50% is high; and the ones he is familiar with have ranged from 10% to 20%. Vice Chairman Scarborough stated it is at 20%.

Vice Chairman Scarborough passed the gavel to Commissioner O'Brien.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to deny permission to advertise a public hearing to consider an ordinance amending Section 62-2103 regarding alteration of lot size. Motion carried and ordered unanimously.

Commissioner O'Brien passed the gavel to Vice Chairman Scarborough.

PUBLIC COMMENT, RE: VANDALISM

Joyce Perry advised at a meeting one or two years ago, someone sitting behind her restrained her from getting up when her name was called to speak; she recognized the person who is in law enforcement; she then got up and spoke; but she wondered what he was doing. She offered $2,000 to anyone who can remember the incident and identify him. Ms. Perry stated she came to the Board once before about the encroachment problem; she lives on Peachtree Street in Cocoa; and described her properties. She advised of vandalism of her properties resulting in demolition of the buildings; and commented on additional purchases that resulted in a property of 275 feet by 256 feet. She stated she is in the "tunnel", which is why she is having so much trouble with the City of Cocoa; and it is not just avoiding services, but deliberate actions to get people's property. She advised of attempts to get improvements and the City's refusal even though in 1996, the City had an $8 million reserve fund. She described acts of vandalism on the houses she owns on Wilson Street; and stated her neighbors tell her the police are doing it. She stated the Cocoa City Council does not want to hear anything; the Sheriff's Department advises it is not their domain; the State Attorney wants nothing to do with this; and she is here to find out who can help. She stated the City keeps properties blighted; and when it comes into some value, they do things to damage it. She advised of a man in Titusville who had similar experiences and the cost to keep his property. She stated the City has moved water meters, fire hydrants, and manholes; and someone needs to stop the encroachment.

Vice Chairman Scarborough inquired if this is in Commissioner O'Brien's District; with Ms. Perry advising it is in Commissioner Carlson's District. Vice Chairman Scarborough stated since this is within the City, the Board does not have jurisdiction; and the County Manager may be able to work with Commissioner Carlson to write a letter to the City.

County Manager Tom Jenkins advised the Governor of the State of Florida has jurisdiction. Ms. Perry stated she pays County taxes; and inquired if she has to go to China to get human rights. Mr. Jenkins advised the Board of County Commissioners does not exercise authority over the Cocoa City Council; and only the Governor can exercise that control. Ms. Perry stated they are deliberately moving public landmarks so they can take her property. Mr. Jenkins stated the Board of County Commissioners is not empowered by the laws of Florida to tell the City what to do. Ms. Perry inquired if they do not have any power even if it is fraud; with Mr. Jenkins responding only the Governor of the State can deal with that fraud. Ms. Perry expressed doubt that the Governor would have time to do something in Cocoa. Mr. Jenkins reiterated this is not within the authority of the Board of County Commissioners.

Vice Chairman Scarborough stated he does not have a problem with a letter of inquiry to the City of Cocoa, but the Board has no authority to tell the City what to do or remove anyone from office. Ms. Perry requested the Board write a letter asking about the encroachment from the mobile home park. Vice Chairman Scarborough stated he would prefer that it come from Commissioner Carlson who represents the area; but if Commissioner Carlson declines, Ms. Perry should contact him.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION
62-2103 OF THE LAND DEVELOPMENT REGULATIONS, ALTERATION OF LOT SIZE
(CONTINUED)

County Attorney Scott Knox stated this is the item the Board denied earlier; 20% is in there but does not tie down to dedicated or condemned situations; and suggested authorizing advertising to change the Ordinance to make the 20% apply to those situations.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending Section 62-2103 of the Land Development Regulations to make the 20% apply to dedicated or condemned situation. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 5:20 p.m.

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ATTEST: SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
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SCOTT ELLIS, CLERK

(S E A L)