The Board of County Commissioners of Brevard County, Florida, met in regular session on November 14, 2000, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Helen Voltz, District 5.

Commissioner Sue Carlson led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the Minutes of September 13, 2000 Regular Meeting, September 19, 2000 Special Meeting, and September 21, 2000 Zoning Meeting. Motion carried and ordered unanimously.

REPORT, RE: LIBRARY FOUNDATION

County Manager Tom Jenkins advised Ned Keller is here to give a report on the Brevard County Library Foundation, which is seeking private donations for the Library System. He stated Mr. Keller is a part-time Executive Director of the Foundation.

Ned Keller advised the Foundation was given its 501.c.3. status in July, 2000; since then, they have put together a Board of elite members of the community; they have 33 members and hope to top out at 40 members; and they meet quarterly or on an as-needed basis. He stated the Foundation has raised in excess of $60,000 so far, and received a $5,000 grant yesterday; they had their first fund-raiser, and Commissioners Voltz and Higgs were in attendance; and they were able to net $33,000 from that event. He stated for a beginning Foundation's first time event, it is quite exceptional; and the future of the Foundation looks good, with the leadership they have and the support from County Manager Tom Jenkins' office and Library Services Director Cathy Schweinberg. Mr. Keller stated he is impressed with the facilities and administration, and is confident they will do well; their next project is to raise money to buy 10,000 books for children at $20 each or a $200,000 goal, which is quite ambitious; but they are confident they will be successful. He noted other projects are planned for the future such as a mobile library that would go to assisted living facilities and communities where transportation is not readily available. He stated he is pleased to be a part of this venture, and it has been a positive experience.

Chairman Higgs thanked Mr. Keller and the Foundation's Board for being involved in this effort; and stated it is important to have the public and Foundation active in the community to get support for important services that libraries provide. She stated they have done a great job.

Mr. Keller stated some people have an image of County government if they are not involved in it; he was one of those people; and now that he is a quasi-part of County government, he is really impressed with what Mr. Jenkins does, what Ms. Schweinberg does, and what the Board accomplishes. Chairman Higgs thanked Mr. Keller for his work and kind words. Commissioner Voltz stated the fund-raiser was a wonderful event.

REPORT, RE: CORRECTION OF COMMISSION ON AGING RESOLUTION

County Manager Tom Jenkins advised the Agenda Report for the resolution on the Commission on Aging had a typographical error in the date; however, the resolution has the correct date.

REPORT, RE: LETTER ON CENSUS COUNT

County Manager Tom Jenkins advised the Florida Association of Counties suggested each county consider sending a letter dealing with the census count; there were concerns some people were omitted; Planning reviewed it, as it was the County's census coordinating agency; and they felt it was appropriate to bring it to the Board. He suggested a change in the last paragraph, which references "fraud", as there is no evidence of fraud; and stated language of "possible errors within some of the local census offices" may be more appropriate.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to send a letter to the Census Bureau, amended to replace "fraud" with more appropriate language. Motion carried and ordered unanimously.

REPORT, RE: WITHDRAWAL OF ITEM III.E.1

County Attorney Scott Knox recommended Item III.E.1, a request to advertise an executive session on Modern, Inc. and Charles Moehle v. Brevard County et al, as it is not ready to go yet.

The Board withdrew Item III.E.1. from the Agenda.

REPORT, RE: APPRECIATION TO McDONALD'S RESTAURANT AND MIMS GARDEN CLUB

Commissioner Scarborough advised Bob Straub, owner of McDonald's Restaurant, has given the County property so it can stay out of the right-of-way for installation of water mains, lighting, and a "Welcome to Mims" sign at the exit ramp of I-95; Mims Garden Club has been instrumental in this effort; and expressed appreciation to Mr. Straub and Mims Garden Club for making it possible.

REPORT, RE: GENERAL ELECTION RESULTS

Commissioner Carlson advised she served on the Canvassing Board for the General Election along with Supervisor of Elections Fred Galey and Judge Dave Silverman; she asked the Chairman of the Canvassing Board, Judge David Silverman, who could not be here this morning, to write about the process; and read his report as follows: "Dear Commissioner Carlson: In the event my judicial responsibilities prevent me from attending the Board of County Commissioners meeting, this note written at your request conveys my impressions of the procedure used here in Brevard County for the extraordinary election held last week. This is my first term as the County Judge assigned to Chair the Brevard County Election Canvassing Board. Early last year when I was designated by the Chief Administrative Judge Kenneth Friedland to handle that task, I was told to expect to remain at the Elections Office overnight on election night, that it would be filled to the rafters with computer cards being deposited by poll workers whose hectic pace would contrast with the agonizing slow processing of the cards through a reader. The optical scanner voting machines were of course a tremendous relief, and they came in time for Mr. Galey's staff to become familiar with them on smaller elections and work out a routine to minimize any problems. Even a passing familiarity with Fred Galey would convey that he is a no-nonsense administrator who addresses problems head on. When the big night came, they were ready. The poll workers calmly went about their tasks with confidence in their abilities and the technology at their command. While there are always some problems such as people going to vote in the wrong precinct, these were handled professionally and politely. Despite the record turn out, care was taken to insure that people were directed appropriately or otherwise given the assistance they needed in order to exercise their right to vote. The precinct totals electronically transmitted to the computer at the Elections Office started coming very soon after the polls closed. The modem crackled as about 90% of the vote was recorded within the first hour. While a minor glitch in processing some of the absentee ballots left Commissioner Carlson and myself feeding absentee ballots through one of the scanners, we were still able to give the public on the Internet and on the government channel complete results in a timely manner. The prediction of Judge Friedland that I would be up all night came true however, I spent it at home watching TV and talking presidential politics with my kids into the wee hours. As it turned out working with the absentee ballots was good practice for the Commissioner and me, because the next day during the mandatory recount, one of the memory cards, one of which had worked the day before, failed to transmit the information. This system, with substantial back up in addition to the memory cards, the poll workers generate paper tabulations at each precinct. And while we may have been able to rely on the tape, the Canvassing Board agreed to re-scan the ballots for that particular precinct. When the Commissioner and I were through feeding in the votes for that precinct, we compared the totals to the election night's totals--identical, with the same ballots but a different optical reader and a different memory card, the system still worked like a charm. In summary, my impressions of the election procedure were very favorable and was a positive experience for me personally. I marvel at the sophistication and precision of the technology that the Supervisor has acquired. This combined with the dedication and sheer effort of the hard working staff at the Supervisor of Elections Office to insure that the right to vote, a cherished Constitutional right of every American, and what many people consider to be the most magnificent expression of our democracy is safe here in Brevard County. Very truly yours, David E. Silverman, County Court Judge." Commissioner Carlson thanked Mr. Galey; stated she embraces everything Judge Silverman said; it was enjoyable and entertaining at times; and Mr. Galey will share the other results on the technical side.

Supervisor of Elections Fred Galey complimented the poll workers for their fine job; stated he is proud of what they did; there were 218,000 plus voters who voted; and with 77.2% turnout, Brevard County was second or third highest in the State, so they were very busy. He stated he will need to put a telephone bank in to handle the volume of calls for the next election. He noted 30% of the people move every year and do not tell his office until election day; and when they go to the polls and are sent to another polling place, they get upset. He advised of several incidents that took place on election day, and the outstanding work of his staff throughout the whole process. Mr. Galey advised they processed 36,000 requests for absentee ballots; 88% were returned; and they counted 32,000 absentee ballots, but 619 did not count because they did not sign the ballot, had no witnesses, witnessed their own signatures, were returned completely blank, did not have complete addresses of witnesses, returned by another person who did not request the absentee ballot, and did not comply with the law. He stated Brevard County has 325 voters in the category of overseas; and if they are all properly filled out, witnessed, and received by November 17, 2000 at 5:00 p.m. they will be counted. He noted at this time 46 have been received in that category, but six did not have postmarks; and the State law says they must be post marked, so those six may not be counted. Mr. Galey advised they mailed the absentee ballots with 55 cent postage; some people did not put the correct postage on the return; he made an agreement with the Post Office that he would pay all those that have short postage rather than have them returned to the sender; and the additional several hundred dollars was well worth it to get the ballots back. He noted they will try to educate the absentee voters on the proper postage in the future. He advised a GEO inspector looked at the facilities to accommodate handicapped persons and found two or three door jambs that did not meet requirements, a handrail for a ramp that was over six inches high was not installed, and a few grades that slightly exceeded the degrees standard; and he will have those items fixed. He stated the historical happenings that are going on will increase voter turnout in the future because people are finding out their votes count. He stated in Brevard County there were 277 voters who did not vote for the President, and 136 who voted for more than one person; and they could not determine which one those people wanted to vote for, so those votes were not counted. Mr. Galey stated in previous years they lost as many as 6,000 votes. He stated some people voted for a presidential candidate and also wrote that person in for another race; and those they could clearly discern were duplicated and counted.

Commissioner Carlson advised there was a lot of comment about the Palm Beach ballot and potential illegal aspect of it; and inquired what was the purpose of having a butterfly ballot.

Mr. Galey advised the Palm Beach County ballot is a legal ballot; it is used in Chicago and a lot of other places; the arrow clearly points to the hole they supposed to punch; but if they did not read it, they could have voted in error. He stated in every election there are voters who make errors; they have to assume some personal responsibility for their votes; and gave a detailed explanation of the punch card ballot, hanging chads, different types of voting equipment, different types of ballots, and his assumption of what happened in Palm Beach. He stated he went to an 18-inch ballot rather than crowd it on a 14-inch ballot; and it had a larger type, more space, and less confusion. Commissioner Carlson inquired about the number of votes cast for Vice President Gore and Governor George Bush; with Mr. Galey responding Brevard County had 115,185 votes for George W. Bush and 97,318 votes for Vice President Gore.

Commissioner O'Brien inquired if the ballot has to be on one piece of paper or could it be two sheets; with Mr. Galey responding it could, but instead of having 133 votes, it would show as 266; and it makes it more difficult, not only for the voter, but for the poll worker as well. Commissioner O'Brien stated it was a crowded ballot, but the larger ballot stuck out from the folder, which some people complained about; with Mr. Galey responding in the future he will have the legal size folders.

Commissioner Scarborough thanked Mr. Galey for encouraging him to purchase the new voting equipment; and stated Mr. Galey said if it was the punch cards equipment, they would have 1.2 million cards and would be lucky to finish counting by 4:00 a.m. Mr. Galey stated it may have been more than 1.2 million, as everybody would have had six cards, and they would probably have had to do recounts because 30% drop off on the back of the cards where people do not vote. He stated it would have taken a long time, and they would have been in the middle of the current fray. Commissioner Scarborough stated to go from 90% counted by 8:00 p.m. to 4:00 a.m. for cards if everything ran well is a compliment to Mr. Galey's foresight. Mr. Galey thanked Commissioner Scarborough for finally agreeing to purchase the equipment. He stated he would like to see a uniform tabulating system Statewide; Oklahoma has it; there are 67 counties in Florida with 17 having identical systems like Brevard County's system, 16 having identical systems to Orange County's system, one has paper ballots, three or four have central count mark sense tabulators, some have DataVote, etc. He stated it will cost a lot of money, but it would avoid the national attention Florida is getting. He thanked his poll workers again; and stated they made few mistakes, and are good workers who put in a long day.

Chairman Higgs advised the Board is relieved that the percentage of people whose votes could not be counted was very small compared to other areas; and she is grateful that the County has that system in place.

REPORT, RE: PARKS AND RECREATION REFERENDUMS

Commissioner Carlson thanked everyone involved in the Parks and Recreation Referendums effort; stated there was a lot of support from the athletic leagues and other folks; and it will provide much higher quality park and recreation facilities in the future. She stated three of the four Referendums passed; and thanked staff for its hard work in educating the public.

REPORT, RE: LETTER SUPPORTING MENTORING ADVOCACY COUNCIL

Chairman Higgs advised of a request to send a letter supporting the appearance of General Colin Powell as the keynote speaker at the Mentoring Advocacy Council event; and requested authorization from the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to send a letter supporting the appearance of General Colin Powell at the Mentoring Advocacy Council event. Motion carried and ordered unanimously.

REPORT, RE: RIGHT-OF-WAY NEGOTIATION FOR PINEDA CAUSEWAY EXTENSION

Commissioner Carlson advised Item III.A.11 has to do with the Pineda Causeway Extension; and she would like to read the item so the public is aware the Board is moving it forward through the Consent Agenda. She read: "It is requested that the Board of County Commissioners authorize staff to negotiate with property owners for acquisition of properties for the Pineda Causeway Extension. On April 18, 2000, the Board of County Commissioners authorized staff to proceed with preliminary engineering for Conceptual Layouts 2A, 4A, and 7 for the Pineda Causeway Extension, and obtain appraisals for same. On October 24, 2000, the Board approved Post, Buckley, Schuh & Jernigan to perform the preliminary engineering report services for the project. This report is expected to take six to eight months to complete. Staff has also received the needed appraisals and requests permission to approach the property owners while the report is being undertaken to determine if there is any interest in dealing with the County towards the purchase of their property. Once the report is completed, staff would return to the Board with the report and a summary of the property owners that are interested in cooperating with the County. It is felt that due to the increase in building construction taking place in the direct alignment of the conceptual layouts, it would be more economically feasible for staff to proceed with the negotiations now than to wait and possibly have the cost of the right-of-way needed for the project increase." She stated she wanted to make sure it was clarified for all those people since the Board was moving it through the Consent Agenda.

ANNOUNCEMENT, RE: EXECUTIVE SESSION

Chairman Higgs advised an executive session was scheduled at 8:30 a.m.; there was a quorum present, but no court reporter; and her intent is to recess at 10:00 a.m. and go into executive session.

Commissioner O'Brien stated it is the second time in a row that the court reporter has not shown up. County Attorney Scott Knox stated they will try to find a new court reporter who will show up for the executive sessions.

FINAL PLAT APPROVAL, RE: TRACT CC, VIERA PARK SITE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Tract CC, Viera Park Site, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: WYNDHAM LAKE ESTATES, PHASE I

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Wyndham Lake Estates, Phase I, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN VIERA, TRACT E-3, TEMPLETON SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with The Viera Company guaranteeing infrastructure improvements in Viera Tract E-3, Templeton Subdivision. Motion carried and ordered unanimously.

CONTRACT WITH BAYTREE DEVELOPMENT JOINT VENTURE, RE: IMPROVEMENTS IN BAYTREE, PHASE 2, STAGE 2

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with Baytree Development Joint Venture, guaranteeing infrastructure improvements in Baytree, Phase 2, Stage 2. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22, ARTICLE VI, DIVISION 2, SECTION 22-502, CONTRACTOR LICENSING BOARD POWERS AND DUTIES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 22, Article VI, Division 2, Section 22-502, regarding the powers and duties of the Contractor Licensing Board. Motion carried and ordered unanimously.

AGREEMENT WITH ECONOMIC DEVELOPMENT COMMISSION OF FLORIDA'S SPACE COAST, RE: ECONOMIC DEVELOPMENT SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Economic Development Commission of Florida's Space Coast to provide economic development services for Brevard County in FY 2000-2001, at $740,000. Motion carried and ordered unanimously.

APPROVAL OF OPEN PURCHASE ORDERS TO TRAVEL INDUSTRY ASSOCIATION AND DELAWARE NORTH PARK SERVICES, RE: INTERNATIONAL POW WOW 2001 EVENT AT SPACE CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve open purchase orders in the amount of $37,500 to Travel Industry Association and $30,000 to Delaware North Park Services for the International POW WOW event at Kennedy Space Center Visitors Complex. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING FEES FOR MAP REPRODUCTION PRODUCTS AND SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution revising the fee schedule for map reproduction products and services. Motion carried and ordered unanimously.

AGREEMENT WITH McDONALD'S RESTAURANT, RE: PLACEMENT OF "WELCOME TO MIMS" SIGN

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with McDonald's Restaurant, authorizing the placement of a "Welcome to Mims" sign along SR 46 near the I-95 exit. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH M. D. UTILITIES, INC., RE: ALLEN AVENUE/ CENTRAL STREET/RIVERVIEW DRIVE PEDWAY AND DRAINAGE IMPROVEMENTS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract Modification #1 with M. D. Utilities, Inc., for Allen Avenue/Central Street/Riverview Drive pedway and drainage improvement project, increasing contract price by $14,952.51 and time by 20 days for relocation of fence, additional fence and sod, modification to pipe, and gravity wall; and authorize final payment to M. D. Utilities of $62,857.87. Motion carried and ordered unanimously.

AUTHORIZE NEGOTIATIONS, RE: PINEDA CAUSEWAY EXTENSION RIGHT-OF-WAY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize staff to negotiate with property owners for acquisition of properties for the Pineda Causeway Extension. Motion carried and ordered unanimously.

APPROVAL OF ADDITIONAL FUNDING AND PAYMENT TO DEPARTMENT OF TRANSPORTATION, RE: DESIGN OF ELLIS ROAD/NASA BOULEVARD REALIGNMENT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve additional funding of $41,875 towards the design of Ellis Road/Nasa Boulevard Realignment; and authorize payment of $118,750 to Florida Department of Transportation from the Constitutional Gas Tax Bond funds. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF ROCKLEDGE, RE: INFRASTRUCTURE IMPROVEMENTS IN SHEPARD PARK ACRES (SANTA ROSA DRIVE)

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with the City of Rockledge to fund infrastructure improvements in Shepard Park Acres on Santa Rosa Drive at $229,936 under the Consolidated Action Plan as recommended by the CDBG Advisory Board. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING COMMISSION ON AGING

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution revising the Commission on Aging to reflect various changes necessary to accomplish the Commission's mission. Motion carried and ordered unanimously.

AGREEMENT WITH INTERNATIONAL GOLF MAINTENANCE, INC., RE: MAINTENANCE OF COUNTY GOLF COURSES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with International Golf Maintenance, Inc., renewing the Agreement for three years with renewal options and adjusted costs, to provide maintenance, repairs, and improvements at Spessard Holland, The Savannahs, and Habitat at Valkaria Golf Courses. Motion carried and ordered; Commissioner Higgs voted nay.

CHANGE ORDER NO. 1 WITH DIXON ELECTRIC COMPANY, INC., RE: DON "MO" STRADLEY PARK ATHLETIC FIELD LIGHTING

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 with Dixon Electric Company, Inc. for athletic field lighting at Don Stradley Memorial Park, increasing contract price by $3,835.76 for four tons of rock and 18 yards of concrete to stabilize the soil for two poles. Motion carried and ordered unanimously.

FIRST AMENDMENT TO OPTION AGREEMENT FOR SALE AND PURCHASE WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, RE: NOHRR/THOMPSON PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute First Amendment to Option Agreement for Sale and Purchase with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, reflecting the correct legal description of the Nohrr/Thompson property. Motion carried and ordered unanimously.

PERMISSION TO ISSUE OPEN PURCHASE ORDER EXCEEDING $35,000 TO CLARKE MOSQUITO CONTROL PRODUCTS, RE: MOSQUITO CONTROL PRODUCTS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to issue an open purchase order exceeding $325,000 to Clarke Mosquito Products, Inc. for Anvil, Vectobac, Vectolex, Abate, and Biomist products, which are used in the control of mosquitoes. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH CHAMPION CONTRACTING COMPANY, RE: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT PLANT CONSTRUCTED WETLANDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 2 with Champion Contracting Company for construction of the South Central Regional Wastewater Treatment Plant constructed wetlands, increasing contract price by $15,120 for planting of slash pine and bay trees, etc. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH BURNUP & SIMS TELCOM OF FLORIDA, INC., RE: NORTH BREVARD WATER SYSTEM IMPROVEMENTS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 2 with Burnup & Sims Telcom of Florida, Inc. for North Brevard Water System improvements to Carpenter Road and Holder Road water mains, increasing contract price by $11,293.40 for additional materials. Motion carried and ordered unanimously. (

APPROVAL, RE: LIBRARY BOOKS AND MEDIA INSURANCE COVERAGE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve insurance coverage for library books and media through A. J. Gallagher & Company from October 27, 2000 through October 1, 2001 at a term premium of $66,956. Motion carried and ordered unanimously.

SETTLEMENT AGREEMENT WITH SAP PUBLIC SECTOR AND EDUCATION, INC., RE: FUNCTIONAL REQUIREMENTS OF SAP SOFTWARE IMPLEMENTATION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Settlement Agreement with SAP Public Sector and Education, Inc. regarding outstanding scope of service requirements for implementation of the SAP software at $60,000, and execute Exhibit "A" releasing SAP from all claims. Motion carried and ordered unanimously.

REJECT PROPOSALS #P-3-0-43, RE: SOLID WASTE CDF OPERATIONS OFFICE BUILDING

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to reject proposals for Proposal #P-3-0-43, Solid Waste CDF Operations Office Building, and authorize staff to re-solicit for proposals under revised specifications, award the proposal to the lowest qualified proposer, and authorize the Chairman to execute the Contract with the successful proposer. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-5, RE: ACCEPTANCE OF DONATIONS TO THE BOARD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve revised Policy BCC-5, Acceptance of Donations to the Board, allowing the County Manager to accept donations which have a value of $35,000 or less, on behalf of the Board of County Commissioners, excluding lands. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: TANGIBLE PERSONAL PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve removal of unaccounted for Motorola Cellular Telephone, PR#2150183, from Office of Tourist Development's inventory; Xerox Typewriter, PR#0011636, from Tax Collector's inventory; Front End Loader Attachment Lehr, PR#4320156, from the North Area Parks Maintenance's inventory; and Epson IIE Computer, PR#0191868, from the Solid Waste Management Department's inventory. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING COMMERCIAL PAPER FUNDING FOR SUNTREE/ VIERA, MELBOURNE BEACH, AND PORT ST. JOHN LIBRARIES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution authorizing a draw of $4,300,000 from the Florida Local Government Finance Commission Tax Exempt Commercial Paper Program to fund the Suntree/Viera, Melbourne Beach, and Port St. John Library projects. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING COMMERCIAL PAPER FUNDING FOR SOUTH MAINLAND SERVICE FACILITY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution authorizing a draw of $1,330,000 from the Florida Local Government Finance Commission Tax Exempt Commercial Paper Program for construction of the South Mainland Service facility. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SUNSET REVIEW REPORTS FOR WATER RESOURCES, ANIMAL SERVICES AND ENFORCEMENT, AND HOUSING AND HUMAN SERVICES DEPARTMENTS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge receipt of Sunset Review Reports for programs and services within the Water Resources, Animal Services and Enforcement, and Housing and Human Services Departments. Motion carried and ordered unanimously.

AGREEMENT WITH AT&T WIRELESS SERVICES, AND AUTHORIZE FUTURE AGREEMENTS WITH WIRELESS PROVIDERS, RE: PHASE I E911 SERVICE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with AT&T Wireless Services to implement Phase I of wireless location for 911 purposes; and authorize the Chairman to sign future agreements with other wireless carriers. Motion carried and ordered unanimously.

APPROVAL OF PAYMENTS, RE: COMMUNITY CULTURAL GRANTS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve payments of cultural grants as follows: $10,690 to WFIT, $5,345 to Melbourne Municipal Band, $12,471 to Cocoa Village Playhouse, $10,690 to Surfside Players, Inc., $14,253 to Brevard Symphony Orchestra, Inc., $7,483 to VSA Arts of Florida/Brevard, $5,345 to Melbourne Arts Festival, $5,986 to Space Coast Art Festival, $14,253 to Brevard Museum of Art & Science, $6,414 to Space Coast Pops, $10,690 to Brevard Museum of History and Natural Science, $10,690 to Titusville Playhouse, Inc., and $10,690 to BRAG/Henegar Center for the Arts, for a total of $125,000. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint and/or reappoint Dave Hawks, Bob Barranco, Bert Francis, and Michelle Daignault to the Merritt Island Redevelopment Agency with terms expiring November 13, 2004; Albert Thomas, Dorothy Hill, Nick Beninate, Michelle Armstrong, Evon Jackson, William Parlon, Kathy Jarrell, and Ray Hoffman to the Parks and Recreation Merritt Island/Beaches Service Sector Advisory Board, with terms expiring November 13, 2002; John Finney to the Valkaria Airport Advisory Board with term expiring November 13, 2001; and Melvin Mueller to the Veterans Memorial Park Advisory Board with term expiring November 13, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

AUTHORIZATION, RE: COST OF LIVING ADJUSTMENT FOR COUNTY ATTORNEY AND COUNTY MANAGER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve a 4% cost of living salary increase for County Attorney Scott Knox and County Manager Tom Jenkins, effective December 23, 2000. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATION FROM SHERIFF'S OFFICE AND MEDTRONIC PHYSIO- CONTROL CORPORATION, RE: AUTOMATED EXTERNAL DEFIBRILLATOR

Sheriff Philip Williams advised they have a presentation to make on the automated external defibrillator (AED); they obtained a local law enforcement block grant for the AED's; and Sergeant Butler will explain what he was able to do that will have a benefit in the Commission Room.

Sergeant Butler stated Will Perkins from Medtronic Physio-Control has not shown up yet and got lost on the Interstate, but Dr. McPherson is here, and is their Medical Director and EMS Director for Brevard County. He stated in an effort to promote the safety and general welfare of the citizens, the Sheriff's Office, in partnership with Medtronic Physio-Control, would like to present the Board with an AED to be placed in the back of the Commission Room. He stated a deputy sheriff is always at the meetings, so the Board will have a trained operator during all meetings. He stated any time there is an area where the public gathers, a defribillator is needed; statistics from the American Heart Association say if a person has a heart attack, the chances of survival decrease about 10% per minute without the heart being defribillated, even with CPR; the chances of survival goes down 6% during the interval of an 8-minute response time; and the national average is 4%. Sgt. Butler advised he implemented a program over a year ago in the Court Services Division; he petitioned the Hospitals, which came up with $15,000 to start the program; and five defribillators were placed in the Courthouses in Brevard County. He stated one month after the program was implemented, a juror in Titusville had a heart attack; and the deputies were able to get to him within two minutes and saved his life. Sgt. Butler advised they will be implementing the first wave of deployment of AED's for law enforcement officers in Brevard County; it will be the largest law enforcement deployment of AED's in Central Florida and one of the largest in the State; Dade County has 2,500 of them in their patrol cars; and although Brevard County is not the first, it is still on the cutting edge. He advised of one area of the country where survivability went from 4% to over 53% in 105 cases over two years; stated that is something the Sheriff would like to do for the citizens of Brevard County; they would like to deploy the AED's in uniform patrol cars and put them in the community as often the first responders are deputy sheriffs. He stated they have set up a brief demonstration of the AED to show the Board exactly how it works; and Dr. McPherson will advise the Board what is going on.

Dr. McPherson advised one and a half million heart attacks a year take place in this country; every 30 minutes someone has a heart attack and every hour someone dies of a heart attack; 50% of the people die from heart attacks before they get to a hospital; and that is why the AED is so important at mass gathering events. He stated the reason people die from heart attacks is the electrical function of the heart is dysfunctional; by shocking the heart, it brings back the electrical activity into its normal pattern; and minutes are critical because after four or five minutes, the brain cells start dying. He advised in Rockchester, Minnesota, AED's were put in police cars and their survival rate went from 17% to 54%, so they are very effective. He stated the AED is easy to use, has been used for 15 years in the country, is very safe, is virtually full proof, analyzes the rhythm of the heart, and talks an individual through the steps. He noted key issues are that the person must not be moving or breathing, and the operator must stand clear because of the shock.

Will Perkins demonstrated the trainer equipment, described the AED and how it works, and explained each step. He stated what is extremely beneficial is that the same pads on the AED have the same connect system that is used by the ALS equipment.

Sgt. Butler stated when an ambulance rolls up, they can take an unplugged pad from their unit and plug it into the EMS unit; and that is one advantage of going with this vendor.

Commissioner Voltz inquired if a trained person will be in the back of the room at every meeting; with Sgt. Butler responding yes, someone will be there at all times. He stated a group of six graders were trained to use the AED and within two hours were proficient with the unit; and that is how simple it is to use. He stated it is a trend that is not going away and will only proliferate; law enforcement officers as first responders are in a unique position to be able to utilize the units in the community; and they have already saved a life. He stated the deployment program will kick off in a week or so; the AED's are in place, and personnel are being trained; and should someone fall victim to a cardiac arrest within these walls, the deputy will be able to save that person's life.

Chairman Higgs thanked Sheriff Williams, Sgt. Butler, Dr. McPherson, and Will Perkins for the presentation, the work they have done to make it possible, and for the life-saving apparatus that will be in the Commission Room and other places; and thanked Medtronics for making it possible.

Dr. McPherson congratulated Sheriff Williams for taking the lead in applying AED's to the law enforcement system because they are frequently the first responders; and recognized the work of Sgt. Butler to push the program through and taking the lead in EMS in Central Florida.

Chairman Higgs advised the County has had wonderful support from the Sheriff regarding EMS and emergency issues; this is just one example of it; she has worked with him on other programs; and the Board appreciates what the Sheriff's Department has done.

DISCUSSION, RE: HABITAT FOR HUMANITY

Chairman Higgs advised the Board knows what has been recommended, but staff should give a brief summary of the project.

Rosa Wright, with Housing Community Development Program, advised in January, 2000, Space Coast Habitat for Humanity and South Brevard Habitat for Humanity requested funds from the Board of County Commissioners to revitalize neighborhoods; the Board directed staff to study potential funding sources and to explore methods to assist in creation of affordable housing; and through joint efforts of the Habitats' affiliates and County staff, procedures and guidelines have been developed that combine the best aspects of nonprofits and governmental assistance in order to make home ownership for the lowest income citizens an achievable goal. She stated in researching the grant funding available from the federal government through the Consolidated Development Block Grants (CDBG), HOME grants, and the State Housing Initiatives Program (SHIP) it was determined that the SHIP funding had the most potential; and a strategy for the purchase and/or improvement of lots designated for construction of affordable housing was developed and added to the Local Housing Plan. Ms. Wright stated the request for proposals for land acquisition in the amount of $100,000 was advertised on October 6, 2000; and the Contract will be awarded in January, 2001. She stated in comparing both Habitats Programs and the County's First Time Homebuyer Program, it was determined that the possibility of Habitats' clients accessing funding for the down payment assistance was viable; and both parties have been working on client records to determine client eligibility. She stated the Report outlines several strategies that are available to the County to assist in the promotion of affordable housing. She advised a concern of Habitats' affiliates, as well as other nonprofit organizations involved in affordable housing, is the issue of taxes; through coordination with the Tax Collector's office, land designated for affordable housing can have its ad valorem taxes waived; and the Tax Collector's office has set a standard of criteria for the waiver of ad valorem taxes. She stated on the issue of back taxes, the Board may waive all taxes by resolution if the County holds tax certificates on the property. Ms. Wright advised land donated to the County may be donated to organizations constructing affordable housing; but the County would need to review the applicability of the land for affordable housing. She stated property placed for tax sale may revert to the County if there are no bids after three years, or seven years for tax certificates issued prior to July 1, 1999; and the County would receive the land at no cost and could dispose of it through an affordable housing program. She requested the Board consider the Report and strategies for the propagation of viable affordable housing.

Kim Gabriel advised South Brevard Habitat for Humanity and Space Coast Habitat for Humanity encourage the Board to support the partnership opportunities that are being presented today. She stated County staff is continuing to work to develop significant opportunities for providers of suitable and affordable housing for the very low income in our community; and by supporting the property tax resolution waiver and the allocation of SHIP funds for land acquisition, the County is working to further its vision of insuring an adequate quality of life to the residents of this County. She stated South Brevard Habitat for Humanity is the only agency at this time working diligently to resurrect derelict properties that are currently a tax burden to the County and turning them into viable opportunities for affordable housing and a positive increase to the property tax base of Brevard County. She stated as Brevard County continues to be one of the fastest growing areas in the country, economic growth has increased the demand not only for local infrastructure and public services, but also for affordable housing; currently more than an estimated 60,000 households out of the estimated 161,000 households in Brevard County have an annual income considered low or very low; and the majority of these families have one or more working adults in them and cannot afford the fair market rent for a standard two bedroom rental unit. She stated many are minimum wage employees working in the tourism service industries that help make this County successful and attractive, but they live in overcrowded substandard housing, some times in someone else's garage or in condemned buildings. Ms. Gabriel stated in the next decade the demand for single-family and multifamily units will increase 21% and 16% respectively; the need for owner/occupied units will double in the next ten years; and the need for renter/occupied units will rise 66% during the same period of time. She stated by being responsible for the weakest of our citizens, Brevard County will become better prepared for growth and stronger economically; if neglected or only patchwork efforts are put into place, the housing dilemma will eventually damage the future economic prospects of our community and the livability of Brevard County. She stated the quality of life for many Brevard County families depends on meeting the challenge of poverty housing; and she hopes the Board will agree to take proactive steps that are necessary to form positive partnerships with builders of affordable housing in this community. Ms. Gabriel requested the Board help remove the barriers to building affordable housing that are necessary to meet the needs of the very low income residents in the community, and give housing organizations and builders who care enough to tackle the housing issues in Brevard County the ability and the opportunity to engage in a solution to this growing problem.

Chairman Higgs advised the Report outlines items that staff can use, and all the Board needs to do is accept the Report and authorize staff to move forward using those tools.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept the Report on outcomes of the mutual efforts by the County and Habitat groups, and authorize staff to use the tools outline in the Report to move forward with affordable housing efforts. Motion carried and ordered unanimously.

Commissioner Voltz stated she is excited about getting $100,000 for affordable housing, and the tax breaks are very important. Chairman Higgs stated the Board looks forward to the partnership continuing.

The meeting recessed at 9:59 a.m. for an executive session, and reconvened at 10:43 a.m.

REPORT, RE: ANIMAL LICENSE TAG SALES

Chairman Higgs advised the Board has the report on the animal license tag sales in hand; staff can answer any questions the Board may have; and inquired if any Commissioner wanted additional information or to take some kind of action.

Commissioner Voltz advised the Report under recommendations says it is not realistic to anticipate additional general fund subsidy for Animal Services and Enforcement; and it should be subsidized by the general fund because it is a countywide problem. She stated it is not just problems with domestic animals, but with wild animals as well, which the County has been taking care of; the Board is in the business of protecting the entire County; the few people who have animals should not have to pay for all the services; so it needs to be subsidized by the general fund much more than it is. She stated the Report talks about increasing the price of license tags; but the money should come from the general fund to protect the entire County, and not put the burden on the backs of people who have animals.

Commissioner O'Brien advised the Board has been discussing the license tags for five years and cannot seem to come up with a formula that works for the County and for people who have animals; and inquired what is the County doing wrong. Chairman Higgs stated it is not what is being done wrong, but what has gone right in the last year; and that is a better perspective because sales are up.

County Manager Tom Jenkins advised the number of tags being sold has dramatically increased because they are not charging very much for them so the revenues are not going up; but he wanted to clarify the statement about the general fund because he had Dr. Ward insert it in the Report since he does not expect a windfall in the general fund that would allow another million dollars for animal control services. He stated the program has been fairly successful in the last year; they regenerated cooperation of the veterinarians participating, and a large volume of tag sales come through the veterinarians; they instituted retail outlets where tags can be sold in other locations that are more convenient to the public; and they will continue to work on expanding those locations. Mr. Jenkins advised the Tax Collector has agreed to sell license tags as soon as his new State computer system is fully operational; and last week they were doing notification through the computer for license tag renewals. He noted that has worked successfully in other counties, and staff expects it to work here; so a number of steps have been taken in the last year to significantly increase the number of tag sales. He stated the cooperation of the veterinarians is very important; currently their cooperation is based on what is charged for the tags; and the only other issue is if the Board wants to consider a differential for non-spayed animals, which have been encouraged by people in the Humane Societies and Society for the Prevention of Cruelty to Animals.

Commissioner Voltz inquired if staff heard from the veterinarians on whether or not they would be reluctant to sell those tags at a higher price; with Dr. Joe Ward, Animal Services and Enforcement Director, responding when he came on board, the tag price was raised by $5.00 and the veterinarians decided they did not want to participate in the program any longer; and their reasoning was they felt it was a general fund issue and they did not feel the tags should have a large price because low income families would be reluctant to purchase them. Mr. Jenkins stated the issue was the differential charges; and how the veterinarians would feel about that; with Dr. Ward responding most veterinarians would oppose that according to their Association.

Commissioner Carlson stated it has been successful so far; from 1998 to 1999 there has been 100% increase in the sale of tags by the veterinarians, which means they are on board with the process; and inquired how many animals are out there that do not have tags and could potentially be added to the 39,000 sale number; with Dr. Ward responding using the American Veterinarian Medicine Association's computational figures in the County, there should be 205,000 animals that could be tagged. Commissioner Carlson stated the budget is lacking $28,000 from what it was last year; to bring that in, 5,000 additional tags would need to be sold; and that is not much to get to the numbers and beyond by retaining the current system. She stated the Board needs to keep going in that direction, and at some point it could consider the differential, but it has not allowed it to work long enough.

Chairman Higgs agreed the Board needs to see how it works. She stated administrative changes have been made, outlets have been obtained, so the Board needs to stay the course and see what happens, then revisit it after it has been in place a little longer.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to take no action to increase the price of animal license tags. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF HOLLYWOOD BOULEVARD - NORPAK CORPORATION

Chairman Higgs called for the public hearing to consider a resolution vacating a portion of Hollywood Boulevard as petitioned by Norpak Corporation.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution vacating a portion of Hollywood Boulevard as petitioned by Norpak Corporation. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCES NO. 97-06 AND 99-40, RE: LOCAL OPTION FUEL TAX EXTENSION

Chairman Higgs called for the public hearing to consider an ordinance amending Ordinances No. 97-06 and 99-40, to extend the local option fuel tax.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt an Ordinance amending Ordinances No. 97-06 and 99-40 of Brevard County, Florida; clarifying the imposition and extension of the term of the local option fuel tax imposed upon every gallon of motor fuel and diesel fuel sold in Brevard County; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCES CREATING NORTH BREVARD, CENTRAL MAINLAND, AND SOUTH BREVARD RECREATION SPECIAL DISTRICTS, AND MERRITT ISLAND RECREATION MUNICIPAL SERVICE TAXING UNIT

Chairman Higgs call for the public hearing to consider ordinances creating North, Central and South Brevard Recreation Special Districts and Merritt Island Recreation Municipal Service Taxing Unit.

Commissioner Voltz advised the Central Mainland Recreation Special District Referendum failed, so that ordinance needs to be removed. She stated this is the first time South Brevard had an opportunity to vote on an increase in taxes for Parks and Recreation; and she was thrilled that it was approved. She stated it will be very positive for the youth in the community, and it will be incredible what the citizens in the County will see in the future.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance creating a Brevard County Special District to be named the "North Brevard Recreation Special District"; defining the boundaries of said Special District; conditioning the existence of said Special District upon voter approval of the bond referendum; authorizing the levy by the Board of County Commissioners of Brevard County of an ad valorem tax not to exceed eight-tenths of one mill on all taxable property within said District for the purpose of repaying such bonds and for the operation and maintenance of such recreational facilities; providing for the adoption of a budget and the assessment, levy and collection of such taxes within said Special District; providing for an effective date; an Ordinance creating a Brevard County Municipal Service Taxing Unit to be named the "Merritt Island Recreation Municipal Service Taxing Unit"; conditioning the existence of said "Merritt Island Recreation Municipal Service Taxing Unit" upon voter approval of the bond referendum; defining the boundaries of said Taxing Unit; authorizing the levy by the Board of County Commissioners of Brevard County of an ad valorem tax not to exceed eight-tenths of one mill on all taxable property within said Taxing Unit for the purpose of providing recreation services, operations and facilities; providing for the adoption of a budget and the assessment, levy and collection of such taxes within said Taxing Unit; providing for an effective date; and an Ordinance creating a Brevard County Special District to be named the "South Brevard Recreation Special District"; defining the boundaries of said Special District; conditioning the existence of said Special District upon voter approval of the bond referendum; authorizing the levy by the Board of County Commissioners of Brevard County of an ad valorem tax not to exceed six-tenths of one mill on all taxable property within said District for the purpose of repaying such bonds and for the operation and maintenance of such recreational facilities; providing for the adoption of a budget and the assessment, levy and collection of such taxes within said Special District; providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE PROVIDING ADDITIONAL HOMESTEAD EXEMPTION FOR ELIGIBLE SENIOR CITIZENS AGE 65 AND OVER

Chairman Higgs called for the public hearing to consider an ordinance providing additional homestead exemption for certain eligible senior citizens age 65 and over.

Casper Adamo, Dorothy Fischler, James White with TRIAD, Barbara Whitley, and Clarence Rowe all spoke in favor of the ordinance; advised that the Cities of Satellite Beach and Cocoa have passed Ordinances, and the City of Titusville will consider it tonight; 21 counties have passed Ordinances; it will help to keep senior citizens in their own homes, and give them dignity; and recommended the County take the leadership role, because what it does is followed by the rest.

Commissioner Voltz advised she brought the issue up about a year ago to grant the $25,000; however, it is only for ad valorem taxes and not MSTU's or other special taxes. County Attorney Scott Knox advised the Board cannot exempt Special Taxing Districts.

Commissioner O'Brien expressed concern about the three figures relating to reduction of income; stated the State said $3.7 million, the County said $2.9 million, and Property Appraiser Jim Ford said $1.3 million; he does not have the answer to determine the impact on the County; and although seniors are important, it may cause a tax increase for the working class citizens.

Commissioner Scarborough stated Medicaid is a State and federal program, but the State's share comes from individual counties and increase continually; the County will pay for those people one way or another; and it is better to keep them in their homes. He noted it is a humanitarian issue.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance relating to ad valorem taxation; providing for an additional homestead exemption for certain eligible senior citizens age 65 and over to be applied to millage rates levied by the County; providing requirement of annual application and submission of supporting documentation; providing for waiver of exemption; providing for an annual adjustment in the income limitation; providing for severability; providing an effective date and inclusion in the Code, at $25,000 for the first year across-the-board.

Commissioner Voltz advised people in the State voted in favor of this exemption; if giving someone a tax break increases taxes, it is incumbent on the Board to do so; and she does not mind paying a little more taxes so someone can get a tax break because that is how people take care of one another. She stated if after the first year it is discovered that the impact is outrageous, the Board can change it.

Chairman Higgs advised every year there is an increase in revenue from ad valorem taxes. County Manager Tom Jenkins advised the increase from new construction is about $1.2 to $3 million a year; and it is used for cost of living adjustments, and to stay even and not increase taxes.

Commissioner Carlson stated she has a concern on the estimates; the Board should take smaller steps to see the repercussions to the budget and whether it can be absorbed; and recommended phasing in over a three-year period. Commissioner Voltz stated she does not have a problem with that.

Commissioner Voltz withdrew the second to the motion.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance relating to ad valorem taxation; providing for an additional homestead exemption for certain eligible senior citizens age 65 and over to be applied to millage rates levied by the County; providing requirement of annual application and submission of supporting documentation; providing for waiver of exemption; providing for an annual adjustment in the income limitation; providing for severability; providing an effective date and inclusion in the Code, at $25,000 over a three-year time frame. Motion carried and ordered unanimously.

Chairman Higgs inquired if it will be one-third each year for three years. Commissioner Voltz stated if it is done equally, the Board will know what happens to the revenue. Commissioner Carlson inquired about the $25,000 a year being adjusted for a new calculation each year based on the CPI in the Southeast region, and if it commences January 1, 2001, would the first adjustment be in 2002. Mr. Knox advised it will take effect in 2001 and the first adjustment will be January 1, 2002. Mr. Jenkins stated if the Property Appraiser gets it by December, he will calculate it and send out the bills. Commissioner O'Brien stated he will support an incremental adjustment; and advised of how the food stamp program which was said to be $700,000 a year went to over $2 billion in five years. He stated the same thing could happen with this program unless the Board can pull back the reigns. Chairman Higgs recommended a semi-annual report be made to the Board on the amount. Mr. Knox stated the Board can repeal the Ordinance before the December 1st deadline. Commissioner O'Brien stated it would be difficult to do that to citizens over 65; and recommended an automatic hearing if the reduction in revenue exceeds $2 million. Commissioner Carlson stated each year staff can provide the Board with a report on the impact to the budget and what services may have to be cut. Chairman Higgs recommended the County Manager provide the information to the Board on the fiscal impact of the Ordinance by October 15 each year.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to instruct the County Manager to make a report to the Board each year and provide recommendations of actions the Board can take regarding the fiscal impact of the Ordinance. Motion carried and ordered unanimously.

Mr. Jenkins advised the $25,000 will be divided equally by three years, with 2001 exemption being $8,344, 2002 being $16,667, and 2003 and thereafter being $25,000.

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

Paul Chipok, representing Buccaneer Pipeline/Gray, Houser, Robinson, requested the item be continued until January 2001.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table the request for Comprehensive Plan Consistency Review of Buccaneer Gas Pipeline Project until February 1, 2001. Motion carried and ordered unanimously.

JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: PALM BAY BELTWAY PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Joint Participation Agreement with Florida Department of Transportation for a Project Development and Environmental Study of Palm Bay Beltway Project, with the County's share being $181,250 for the study. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: RIVER CLIFF LANE

Donald Verwiebe advised the majority of the residents signed the petition; Tropical Elementary School empties onto River Cliff Lane; and it is like a race track. He stated there are signs, but nobody pays attention to them; a child at the end of the street was hit by a car; delivery trucks speed on the road; and requested the Board approve the speed humps.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve installation of speed humps on River Cliff Lane on Merritt Island. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 98-64, TO EXTEND NORTH MERRITT ISLAND DEPENDENT SPECIAL DISTRICT

Darlene Hunt, Lynne Henkiel, and Maureen Rupe, all spoke in favor of extending the North Merritt Island Dependent Special District, and providing the District Board with the same powers as the Port St. John Dependent Special District Board. Lynne Henkiel read a letter from Celia Williams, President of North Merritt Island Homeowners Association, requesting changes to the proposed ordinance to allow the District Board to make recommendations on any issue referred to it by the Board of County Commissioners, and that the ordinance remain in effect unless repealed after a public hearing is held by the Board.

Commissioner O'Brien expressed concern about problems with filling the seats on the District Board; and stated he hopes it does not reflect a lack of interest. He stated the residents of North Merritt Island always had a strong voice and will continue to have a strong voice; it could be dynamic by expanding the duties of the District Board; but he cannot support reducing the members, but will support the Board continuing as is.

Motion by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance extending the North Merritt Island Dependent Special District Board for four years.

Commissioner Carlson inquired if the members have to be elected; with County Attorney Scott Knox responding no. Commissioner Carlson stated the Port St. John Board is elected; with Mr. Knox responding it was set up that way.

Commissioner Carlson seconded the motion.

Commissioner Scarborough stated without the sunset provision, the District Board can be eliminated at any time, but what it can consider is limited. He stated the Commission can refer anything to the Port St. John Board; North Merritt Island language limits that Board to zoning; and he cannot support the motion if the Commission does not provide for seeking the advice of the District Board on other issues.

Chairman Higgs stated the two District Boards should be consistent as structured; and it would be a missed opportunity not to let the people get involved in other issues. Commissioner Voltz stated she agrees they should be similar, and dissolution does not have to be in the ordinance; so she supports both of the requests. Commissioner Carlson stated she agrees that both Boards should be consistent, and if changes are allowed, it may impress upon them to re-elect the Board; so she will withdraw the second. She stated she likes the input they provide.

Commissioner Carlson withdrew the second to the motion. Motion died for lack of a second.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize staff to advertise a public hearing to consider an ordinance amending Ordinance No. 98-64, extending the North Merritt Island Dependent Special District, changing its duties to make it consistent with the Port St. John Dependent Special District, and that it remain in effect unless repealed by the Board of County Commissioners at a public hearing.

Darlene Hunt advised the North Merritt Island Special District Board is elected; seven members went to the Supervisor of Elections and there was no opposition; so it is not a volunteer board. She stated three seats were filled and there was no election because there was no opposition. Commissioner O'Brien stated some people qualified, but not nine or ten.

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

FINAL PLAT APPROVAL, RE: BENNINGTON SUBDIVISION

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to grant final plat approval for Bennington Subdivision, Viera Tract E-2, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

AUTHORIZATION TO EXECUTE INTERLOCAL AGREEMENT WITH CITY OF SATELLITE BEACH, RE: PURCHASE OF CORNERSTONE AND COHEN PROPERTIES

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize the Chairman to execute an Interlocal Agreement with the City of Satellite Beach, providing $110,000 from District 5 Beach and Riverfront Account towards the purchase of the Cornerstone and Cohen properties, to be returned within 30 days if the purchase cannot be completed. Motion carried and ordered unanimously.

EMPA GRANT APPLICATIONS, RE: EVACUATION INFORMATION SYSTEM AND PURCHASE OF SPECIAL NEEDS ESSENTIAL ENHANCEMENT PACKAGE

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize applications to Florida Division of Emergency Management, Department of Community Affairs, EMPA Competitive Grant Program for funding of the Brevard County Evacuation Information System and purchase of Special Needs Essential Enhancement Package; and authorize the County Manager or his designee to execute all Grant contracts, agreements, reports, and correspondence concerning the applications. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - LYNN FORST, RE: REIMBURSEMENT FOR POTABLE WELLS

Lynn Forst advised for almost a year she and her neighbor have been fighting with County staff over two potable wells; in November, 1999, Mercedes Homes built a model home behind their properties; and when they cleared the property, they leveled four 30-foot oak trees, a two-story treehouse, and her six-foot privacy fence. She stated when a representative from Mercedes Homes came to survey the damage, she pointed out the wells and pipe along the back of the fence, which was clearly visible; it was a white PVC pipe that ran about 75 feet down the back of the fence; so they knew the wells existed, especially her neighbor's well, but proceeded to build the house. She stated they were going to put the septic system within 26 feet of the two wells; she brought it to their attention that there were two wells on the property; and the building stopped when County staff pulled their building permits. She stated Mercedes Homes sent someone to negotiate with them; by that time the house was up and tearing it down was not an option; somewhere along the way, County staff decided to allow Mercedes Homes a 50-foot setback as opposed to 75 feet because she and her neighbor's properties were connected to city water; but there is nothing in the Florida Statutes that say their wells are not potable because they connected to city water. Ms. Forst stated on August 1, 2000, the Board authorized drilling new wells for her and her neighbor; the model home backs up to her backyard; Mercedes Homes also owns the property that backs up to the other half of her backyard; and if they build on that property, they will be back in this argument again. She stated the Board authorized $1,000 for the wells; D&E Drilling Service would charge the County $725 to dig the new wells; she talked to Dr. Heshmati, and he agreed to pay her for the well as opposed to paying the drilling company; and she would downgrade her well so they do not have to go through this problem again when Mercedes decides to build on the other property because they cannot maintain a 75-foot setback from the new well. She requested she be paid $725 to avoid getting into this problem again.

County Manager Tom Jenkins advised Dr. Heshmati is willing to pay the individuals, which would basically solve the problem; but a slight complication is that the State took over the septic tank program. He stated if Dr. Heshmati is willing to do that, it would solve the problem. Commissioner Scarborough inquired if Mr. Jenkins is asking the Board to defer it to Dr. Heshmati; with Mr. Jenkins responding Ms. Forst said he is willing to do that.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to defer the request from Lynn Forst for reimbursement for a potable well to Dr. Heshmati for his decision.

Chairman Higgs stated there are representatives here from the Health Department.

Cheryl Dunn advised she spoke to Dr. Heshmati yesterday along with the Business Manager who spoke to the State legal staff; the State does not pay directly to an individual because it is considered a penalty and usually involves a legal suit; but Dr. Heshmati told her the Board could direct the payment for installation of the wells or to the person as a prior obligation because it occurred prior to the permitting becoming a State function. Commissioner Scarborough stated the motion contemplates it being worked out with Dr. Heshmati rather than the Board getting enmeshed in it.

Chairman Higgs stated the Board agreed to pay to relocate the wells. Mr. Jenkins advised staff was going to use the permit fund to pay for it. Chairman Higgs inquired if the Board no longer has possession of that fund; with Mr. Jenkins responding the State has control of those funds. Chairman Higgs stated the Health Department can install the wells as the Board previously committed to do that; and the State said it cannot pay individuals because it is considered a penalty. Permitting and Enforcement Director Billy Osborne noted installing the well is not the problem. Ms. Dunn advised the State has set up a penalty process to pay out to individuals; that is different than paying for installation of the wells; and Dr. Heshmati felt it could be taken care of as a prior commitment. Chairman Higgs stated the Board's option is to drill the wells or nothing because it does not have control over those permit funds. Ms. Dunn advised those funds are still with the County and has not been officially transferred to the State. Chairman Higgs inquired if the County can take out money from the fund before transferring it. Ms. Busacca advised Finance has to have a Board action in order to move the money from the Environmental Health Fund to a County fund to reimburse the well driller or make a direct payment to Ms. Forst. Chairman Higgs stated the reason the Board took on the obligation is because the building permit was approved by County employees. Ms. Busacca stated if the Board wishes to make a direct payment to Ms. Forst, a Board action would be needed to take to Finance and request they move the funds that are currently State funds to the County because the State has no mechanism to make that payment directly to a person.

Commissioner O'Brien inquired why they connected to city water when they had a potable well; with Ms. Dunn responding because it became available; and both individuals are connected to city water and not their wells. Commissioner O'Brien inquired if the wells are on their properties or do they share one well; with Ms. Dunn responding there are two separate wells on two pieces of property, and non-potable well setbacks are being maintained at this time, but their claim is that those wells are potable wells. Chairman Higgs stated according to the definition from Ms. Dunn they are non-potable wells; with Ms. Dunn responding that is what the State recognizes them as. Chairman Higgs inquired if the 50-foot setback is appropriate for non-potable wells; with Ms. Dunn responding yes. Commissioner O'Brien stated the County can put the wells in for them, but they do not want to use them. Commissioner Voltz stated the Board can pay $1,000 to install the wells or $725 and make Ms. Forst happy; and inquired what is the big deal. Commissioner O'Brien inquired why would the Board pay the individual. Ms. Forst stated they had the wells and were there first; they used the wells to shower and their children drank out of them, as well as their animals; they were used for potable reasons; and when Mercedes Homes built the model house, they knew that one of the wells existed. She stated when it was brought to their attention, they knew two wells existed; those wells mean something to them; and if they decided tomorrow to disconnect from city water and connect to the wells, they would not be able to do that because the 75-foot setback was not maintained. She inquired how is it fair that Mercedes Homes can take something from her property. She stated the $725 will not break or make her; her theory is there is only one place to dig a well in her yard; if Mercedes decides to build another house on its other property, they would have this problem again; and it would not look good in a court of law if she has to take the problem to a lawyer and say they did it again, because Mercedes Homes is not going to be able to build on that property and maintain a 75-foot distance from the well. She stated what she is requesting is that the Board pay her for the well instead of paying the drilling company; and if it does that, it does not have to worry about water quality and a lot of other things.

Chairman Higgs stated if the well is put in as the Board agreed to do in the one location it can go, the consequence is the other property would become non-buildable for a septic tank. Ms. Forst stated they would have a hard time maintaining the setback because the way it sits; and she does not know what else to do. She stated she does not want to lose the well, but will deal with it since her home is hooked up to city water. Ms. Forst stated it is time to come to a resolution and fix the problem; and no one seemed to have a problem when she said it was the easiest and cheapest way to do it. Commissioner O'Brien stated when he had to go on city water in New Jersey, no one offered to pay him for his well.

Commissioner Scarborough stated even though they are on city water, they had potable wells on their properties in case the city water went bad or they wanted the water for other purposes; there are many reasons why it is valuable to have a potable well; the County allowed the septic tank to be located too close to that well; therefore, she lost something of value. He stated the Board voted to allow her to have another well; she said if she puts the other well in, it is going to become a conflict when a septic tank comes in on the other property; and inquired if the Board should waste hours on this or should it accept his motion if it can be worked out. He noted it is $725 versus $1,000, and staff could take care of it.

Motion by Commissioner Scarborough to amend the motion to direct staff to work with Dr. Heshmati, Finance Department, and other County staff to affect a means of making direct payment and compensation to Lynn Forst for her loss of the potable well. Commissioner Voltz advised her second stands.

Chairman Higgs inquired if the payment will come from the permit fund; with Commissioner Scarborough responding from the same fund previously discussed.

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

INTERLOCAL AGREEMENT WITH WALKABOUT COMMUNITY DEVELOPMENT DISTRICT, RE: PUBLIC WORKS IMPROVEMENTS

Eugene Gerlica, representing Walkabout Community Development District (CDD), advised he was appointed as a member of the Board of Supervisors of the CDD; the memorandum from Public Works describes the request adequately; and he will give the Board an update on the project since it was established in August, 2000. He explained an architectural graphic of what they envision, the entranceway off SR 46 across from McDonald's Restaurant, and the current development plan with an 18-hole championship golf course designed by Jan Stevenson with 19 separate residential pods. He stated the CDD selected Honeycutt & Associates as the District Engineer who is also performing design services for the developer; and introduced Rodney Honeycutt; Al Slayman, Chairman of the CDD, who was instrumental in managing and coordinating the construction of the golf course and development, and Doug McDonald, President of Millennium Development of Titusville, and property owner. He presented photographs of the golf course that is currently under construction and substantially complete, including the irrigation system; and stated they are using reclaimed water from the Brevard County Wastewater Treatment Plant. Mr. Gerlica advised they anticipate the golf course will be open in April 2001; and identified the offsite public infrastructure the CDD will need to construct, have constructed, or acquire to support the development. He stated there are a number of benefits in doing that; there are water mains on Pine Street, Folsam and Lattimer; there are connections to the water mains; there are upsizing of water mains through the project; and Australian Way, which comes from SR 46 to Walkabout Way is basically the backbone for the roads of the development. He stated the subject of the interlocal agreement is the public infrastructure within those areas.

Commissioner Scarborough inquired if this project will entail a lot of work on the part of Road and Bridge, is it something they can reasonably undertake that will not adversely impact their capacity to do other projects, and will it impact the crew physically in any manner; with Public Works Director Henry Minneboo responding it would not entail more work than they are accustomed to; they are presently doing Pineda Extension and have about 85 days left on that job; it will not impact their capacity to do other projects; and they are a dedicated crew and should not have a problem with the project. County Manager Tom Jenkins advised it is also a revenue source for Public Works. Commissioner Scarborough inquired if there is any legal problems the Board needs to know about; with County Attorney Scott Knox responding the Board needs to make sure that the improvements are usable by the general public. Chairman Higgs inquired if there will be open access for the public; with Mr. Gerlica responding they are proposing that all the roads in the development be CDD roads, which are public roads; and they anticipate having an information booth at the entrance of SR 46 to monitor the access, but not block anyone out. Commissioner Scarborough stated it will be a public golf course; and inquired if anybody will be able to drive in there; with Mr. Gerlica responding they need to stop at the booth, but the CDD would not have the right to stop them from entering the project. Commissioner Scarborough inquired if that meets the definition of public; with Mr. Knox responding if it is the only way in, it would not, but there is another entrance through Folsam Road which is a public road. Mr. Knox inquired if the CDD will be dedicating the roads to the public; with Mr. Gerlica responding the developer nor the CDD has made that determination as yet; right now they are looking to have them public, but owned, operated, and maintained by the CDD; however, that does not mean they cannot be Brevard County roads.

Chairman Higgs inquired if the developer has full control of the CDD; with Mr. Gerlica responding the developer appointed the Board members; and the CDD conducted the landowners meeting and appointed five members to the Board. Chairman Higgs inquired if the developer is basically the landowner; with Mr. Gerlica responding pretty much. Chairman Higgs stated the developer has full control of the CDD and the appointees are the developer's appointees; the project is the developer's project; and inquired how does that differ from another project somewhere else; with Mr. Gerlica responding the difference is the CDD; and even though the Board of Supervisors was appointed by the developer, the CDD can install, fund, construct, and acquire public infrastructure, which is all they are talking about as the subject of the interlocal agreement. Mr. Gerlica stated it is not all the public infrastructure, but a small percentage of it; the hierarchy would be the offsite Brevard County utilities installed in Brevard County road rights-of-way; and they will be owned and maintained by Brevard County, along with the road work offsite of the development. Chairman Higgs inquired if the property owners will pay CDD taxes and Road and Bridge MSTU taxes to Brevard County and be double taxed for roads; with Mr. Gerlica responding they will get an annual maintenance assessment. He stated the way it is structure now, once a resident takes possession of a home, he or she would not have a non-ad valorem assessment for constructed improvements because they would be paid off by the builder at the time the lot is purchased. Chairman Higgs stated the MSTU is an ad valorem assessment; so property owners will pay the CDD assessment and pay the MSTU road and bridge assessment as well. Mr. Gerlica stated he is not familiar with the MSTU in that area. Chairman Higgs stated it is a District-wide millage for roads. Mr. Gerlica stated they will pay that, but it is important to their marketing program that they anticipate having the debt paid off before the residences are occupied. Chairman Higgs inquired why does the CDD want the County to do the work as opposed to MacAsphalt, Ranger Construction, or another contractor. Mr. Gerlica stated what needs to be demonstrated at the public hearing for the Board to take action is that the improvements are in the best interest of Brevard County; and the CDD is also going to conduct a public hearing to determine if the improvements in the interlocal agreement are in the best interest of Brevard County, the CDD, and the current and future landowners. He stated Mr. Minneboo's memorandum contains $4.1 million dollars worth of improvements; the total infrastructure improvements, according to Honeycutt & Associates, is approximately $16,000,000; and the improvements that are subject to the interlocal agreement are the hierarchy he described. He stated offsite water, wastewater, and reclaimed water distribution systems, and road improvements are all public infrastructure; they will ultimately be owned and maintained by Brevard County; and when they get into the question of right-of-way and whether it is CDD or Brevard County, it may directly relate to the curbing, asphalt, and base work on the roadways. He stated the question was why not contract directly with MacAsphalt; they want to take advantage of the existing Contracts the County has with subcontractors and specialty contractors; and it is more time efficient and cost effective. Chairman Higgs inquired if a private developer wants to take advantage of the public contracts and prices negotiated over time by the County because of the mechanism of the CDD; with Mr. Gerlica responding the only qualification he would make is that the CDD wants to take advantage of that. Chairman Higgs stated the developer will also take advantage of it because without roads he cannot sell houses and lots. Mr. Gerlica advised there will be some house lots eventually along the roads that are the subject of the agreement, but the lion's share are on pods that are adjacent to that; so the additional road work, water work, and utility work that will be done there will be by the CDD or private contractor and will not be the subject of the agreement.

Commissioner Carlson inquired what is the benefit to the County and public; with Mr. Minneboo responding one important issue is the revenue source; Road and Bridge has to take in $2.3 to $3 million a year; a lot of their projects are completed; and this project is a tremendous revenue source. He stated they were asked by the Viera CDD to do the Murrell Road widening; and of the two projects, this project was most attractive on safety issues alone. He stated what they do not do, the County's subcontractors will do, such as asphalt and concrete work; they will buy materials from local vendors; and probably 80% will go to the subcontractors and 20% to the County, but it is still a good revenue mechanism.

Chairman Higgs inquired why would the County build the road for the CDD and not build Malabar Road; with Mr. Minneboo responding the funding mechanism dictates what they can do; and although technically they could build Malabar Road, the funds are not there. Chairman Higgs stated Road and Bridge could be paid from gas tax to do Malabar Road; with Mr. Minneboo responding the County is out of the Constitutional Gas Tax. Chairman Higgs inquired about local option gas tax; with Mr. Minneboo responding there is none. Chairman Higgs suggested taking it out of the mix and going to another road which it can build under the local option gas tax; with Mr. Minneboo responding they are isolated; and the projects that were brought to the Board and gone through the preliminary engineering studies were left to the private sector. Chairman Higgs inquired why staff would not leave this project to the private sector; with Mr. Minneboo responding because it is more desirable to get funding from the CDD than from gas taxes. He stated it is clear what can be done with gas taxes; it is easier to go to the private sector and let them construct the gas tax jobs; staff does a lot of work for the cities; and this project is more desirable than gas tax projects.

County Manager Tom Jenkins advised the local option gas tax projects have to be designed; and this is immediate work that they can do in the near future, which would create a revenue stream for this fiscal year. He stated in subsequent years, they can look at using local option gas tax funds to build roads and generate revenue for Road and Bridge; but this is a project that is here and now, and is a revenue source they need.

Commissioner Scarborough advised the request today is for a public hearing. Mr. Knox advised the Board has to determine if it is in the public's interest to use County forces for a project of that dollar amount. Commissioner Scarborough stated all the issues can be explored further at the public hearing; and recommended Mr. Knox look into the check-in point and do more work on that element. He stated Mr. Minneboo said it is advantageous for his Department; however, it may not answer all the legal questions that may be raised. Mr. Minneboo stated if it is not legal, they would not do it.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to advertise a public hearing, pursuant to Florida Statutes 255.20(1)(a)(9), to determine if it is in the best public interest to enter into an interlocal agreement with Walkabout Community Development District (CDD) for County Road and Bridge crews to construct certain infrastructure improvements for the CDD.

Chairman Higgs expressed concern about getting into this type of project for a private development. She stated CDD's are used as a mechanism, but that is not the way the Board should go; and she appreciates the fact that staff wants to establish a revenue source, but the developer can make similar arrangements with a private contractor, which is within their realm of doing business, so she will vote no. Commissioner Scarborough stated the entire Board may vote no at the public hearing, which is its option after it explores the issues. Chairman Higgs suggested the Board vote no today and agenda the item to discuss the principles as opposed to holding a public hearing.

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

PUBLIC COMMENTS - CLARENCE ROWE, RE: AGREEMENT WITH EDC ON THE CONSENT AGENDA

Clarence Rowe, President of the Central Brevard Branch of the NAACP, expressed concern that an item, which will cost more than half a million dollars of taxpayers' funds, was placed on the Consent Agenda and passed as business as usual. He stated the Board has discussed that item for a long time in reference to the kind of jobs it brings in, economic contributions to the overall County, etc.; and requested the Board give the public consideration to provide input and concerns when dealing with taxpayers' funds of better than half a million dollars. He stated the installment payments are more than $61,000 a month; the Commissioners do not make $60,000 a year; it is about changes in the atmosphere, climate, community, and development; and the Board should work out a partnership in the agreements with individuals requesting incentives, relating to wages, training, and education so employees can move up and contribute to the tax base of the County. He stated if the Board continues to do business as it has done in the past, then it is a giveaway of taxpayers' funds. He stated other companies offer training and education and pay for those without tax incentives, so a better job can be done to have a win/win situation; and the agreement should be tweaked based on certain things that are happening in the community. He stated he also has a problem with the organization coming before the Board and lobbying for different people it brings in.

Commissioner Voltz inquired what item is Mr. Rowe referring to; with County Manager Tom Jenkins responding the Agreement with EDC.

Mr. Rowe advised it has already passed, but he would appreciate it if the Board would bring it back and look at it; and requested the item be tabled and reconsidered to take into consideration some of the things he brought to the Board's attention. He stated it needs to work out a better way of doing business when giving away taxpayers' funds; and reiterated previous statements on training, education, incentives, job pay, etc. He stated if they do not pay more than Winn Dixie, Burger King, Hilton Hotel or Wal-Mart, then the Board should not give them incentives; and the agreement should be put on the Agenda to look at ways to tweak it and put things in it that would benefit the County and the citizens. Mr. Rowe stated the Board should stop the EDC from lobbying before it; and for organizations to make contributions to the EDC is a form of bribery to him. He stated those are serious issues the Board has control of and can look into; something should be in the agreement that it will not give incentives to major polluters; there are numerous things it could include that would benefit the people; and requested again that the Board bring it back and make it more public. He stated it looks like the Board is trying to sneak something through; whether it is or not, that is his perception; and he would appreciate the Board bringing it back, tweaking it, and getting some ideas from others.

Chairman Higgs stated she takes great exception to the statement that the Board is trying to sneak something through; it was on the Consent Agenda, and anyone has the opportunity to speak to those items; and it is not the desire of any Commissioner to sneak anything through.

Commissioner Scarborough advised Mr. Rowe called him, and he talked to Mr. Knox about the dual roll of the EDC; on one hand it is supposed to bring business in, and on the other hand do

technical analysis; and requested Mr. Knox share his thoughts with the Board. Chairman Higgs stated if the issue is the way abatements are being done, a better mechanism would be to separate it into two different functions.

County Attorney Scott Knox advised the Agreement with the EDC provides incentives for them to bring new businesses into the County; as part of that process, EDC is also looked upon to give advice to the Board whether tax exemptions should be granted; consequently, there is a little conflict. He stated EDC is not covered by the conflict of interest laws because it is a private organization; but there is an appearance that there may be a self-serving interest in trying to promote a particular activity that also enhances their ability to get money.

Chairman Higgs advised the Board asked EDC to do the evaluations, so it should not be an indictment of the EDC; it should contemplate amending that request; and she would not have a problem if the analyses and public hearings regarding exemptions are done another way. She stated the Board asked EDC to do it, EDC did not come to the Board and ask to do it.

Commissioner Scarborough stated an inherent conflict is created in the methodology where the Board is supposed to have an independent analysis and a cheerleader; and the question is are they properly performing both functions, or can they properly perform both functions. Chairman Higgs stated the Board should assume they have properly conducted both functions, but in the future it would like to do it differently so there are no questions. She stated she does not have a problem raising the issue of separating those functions and setting up another mechanism; and suggested Mr. Jenkins recommend a different way of getting the evaluation. Commissioner Scarborough agreed.

Commissioner Carlson advised the Board spent a lot of time during the budget process discussing additional dollars for the EDC; that is all the agreement is about, putting it into an official document; so the money has already been discussed in-depth. She stated the item was brought back as an agenda item and could have been discussed further; she would welcome Mr. Rowe's input and has for a lot of issues he already brought up; but the Board has thoroughly discussed the EDC function, and it has been very legitimate about the way it was done.

Mr. Rowe stated he asked Mr. Jenkins, Mr. Lugar, and Mr. Knox about the salary of Ms. Weatherman and was told that information is private; he does not know if she has an administrative staff, but his concern is taxpayers' funds; and if she is being paid from those funds, then it would be public information, and there should be a breakdown of what that salary is. He stated she also receives private funds; and he is not sure Mr. Knox had an opportunity to look into that matter. He stated if there is a salary and administrative staff, he wants to know what they are paid. Mr. Knox advised Mr. Rowe asked that question; he looked into it briefly; there does not appear to be a clear answer; it could be argued that it is public record; however, the Board has a contract with EDC and could make that information available in the terms of the contract if they agree to it.

Chairman Higgs instructed the County Attorney to send the Board a memorandum on that point so it can get some clarification of the issue.

Mr. Jenkins advised it is Board policy that any item on the Consent Agenda can be removed by a Commissioner or member of the public; all they have to do is request it; it is a practical matter to place items on the Consent Agenda which is passed by one motion; but if there is a need to discuss an item, it can be removed. He stated the EDC gave the Board an in-depth report as part of its budget process, so the Board is very familiar with what the EDC had done the prior year and what it proposes to do in the next fiscal year. He stated the Board has a purchase of services contract with the EDC like it has with many nonprofit agencies that provide social services, cultural services, etc.; it spells out a fixed amount for certain services; there is no incentive in terms that they do not get a dollar for every job they create; and it is a flat rate for performing certain functions. Mr. Jenkins advised EDC projects certain outcomes it will achieve during the year, and the Board has the opportunity to evaluate those at the end of the year and determine if EDC accomplished what it said it would accomplish; and that is done annually as part of the budget process. He stated he never told Mr. Rowe the issue of a salary was a private matter; what he explained to Mr. Rowe is that the EDC is a private non-profit organization that receives revenue from the County, cities, and private donors; and the Board does not administer the organization no more than it does the Salvation Army or other organizations it purchases services from. Mr. Jenkins advised the tax abatement program is coming back to the Board in December; it will address many issues Mr. Rowe raised today and at prior meetings; the Board will have an opportunity to consider those issues and make its own conclusions; and staff will be happy to include the roll of the EDC in the abatement process. Chairman Higgs requested alternatives to the evaluation so it does not create a conflict or perception of a conflict.

Commissioner O'Brien advised the Board has numerous contracts with corporations and organizations; none of the contracts ask what they pay their employees because it is not the Board's concern; they ask them to do specific jobs that they must perform; so if Mr. Rowe wants to know what Ms. Weatherman makes, it is up to her or the EDC to tell him. Chairman Higgs stated the Board will get information from Mr. Knox in a memo to clear up that issue.

ANNOUNCEMENT, RE: RENOVATION OF SPESSARD HOLLAND GOLF COURSE

County Manager Tom Jenkins advised Spessard Holland Golf Course has reopened; it was totally renovated and looks outstanding; staff is proud of the condition of the course; and encouraged everyone to go and visit it. He stated it is important to recognize Gene Burrows, former Golf Operations Director for Brevard County, who participated extensively in the redesign of the course, as did the County's golf maintenance company IGM; they worked hard on doing the construction work; and staff appreciates all their efforts.

REQUEST FROM BOB ALLEN, RE: OFFICE SPACE IN MERRITT ISLAND COMPLEX

County Manager Tom Jenkins advised newly-elected State Representative Bob Allen had conversations with Representative Ball and Congressman Weldon who boasted on the benefits and good relations they have with the County by being located in a County office building; Mr. Allen requested the Board consider locating his District Office at the Merritt Island Service Complex; and it would be on a financial basis comparable to what Representative Ball pays in terms of reimbursing the County. He stated the reason he had to bring it up at the last minute is because Mr. Allen is under some deadline as it relates to the State in terms of where he is going to be located; and he does not know if the Board wants to allow that.

Chairman Higgs advised there are advantages to the County having those State and Congressional representatives co-existing with the County staff; however, the lease should be at a comparable rate. She stated the State and federal governments have more revenues than the County; so it should have a comparable fair market value on space, if there is space in the Merritt Island Service Complex. She stated the County does not want to go out and buy space for its employees at a higher rate.

Commissioner O'Brien stated he would like to have Mr. Allen there, it would affect communications between him and Mr. Allen; but the problem is that the building is full. Mr. Jenkins noted they have worked that out.

Chairman Higgs stated as long as it works out, she does not have a problem; and inquired if any Commissioner had a problem with the request, and heard no negative response.

DISCUSSION, RE: SETTLEMENT OF BREVARD COUNTY v. MAXWELL APPEAL

County Attorney Scott Knox advised regarding the executive session earlier today on the Maxwell case, his office has been in contact with the other side and there is agreement if the Board wants to handle that today, or it can do what it wants to do.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to settle the Maxwell case for $765,000 all inclusive of attorneys' fees and costs.

Commissioner Voltz stated the Board would not be able to fair better in a court of law, and it could be a higher cost; so the County needs to get it off the Agenda and over with so it can move on.

Commissioner Scarborough inquired if the Board will get a $100,000 contribution. He stated the opportunity to enhance the County's position is limited and the cost is certain, so he supports the motion.

Chairman Higgs stated she voted against the settlement in the executive session and will vote against it again; the Board would be well served by putting it on the Agenda because of the prominence of the issue; she understands the arguments and why the majority is in favor of the settlement; but it should be an agenda item and dealt with then. Commissioner Carlson inquired if Chairman Higgs wants to put it on at another time for discussion; with Chairman Higgs responding because of the prominence of the issue, she does not want the Board to get bad publicity for not having it on the Agenda. Commissioner Voltz stated she does not see the purpose of putting it on an Agenda. Commissioner Scarborough stated normally discussion of this type of issues occurs in executive sessions; it is basically left to the Board to give reasons to the extent it finds it is prudent; but it is never fully discussed again. He stated it is unusual to set it for discussion where people from the public could come in and comment on it and have extensive discussion; there is nothing that precludes the Board from doing that; but it is unusual.

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

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 1:06 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)