The Board of County Commissioners of Brevard County, Florida, met in regular session on January 25, 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 Pastor Buddy Creel, First Assembly of God Church, Cocoa, Florida.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Minutes of the September 2, 1999 Zoning meeting, September 7, 1999 Special Meeting, and October 7, 1999 Zoning meeting. Motion carried and ordered unanimously.

PERMISSION TO TEMPORARILY STAFF, RE: SCOTTSMOOR VOLUNTEER FIRE STATION

County Manager Tom Jenkins stated the County is in the process of locating a permanent fire station in the Scottsmoor area; in the interim the Scottsmoor Volunteer Fire Department has been having difficulty drawing volunteers to respond to fire rescue calls; and as a result Chief Farmer has worked with Volunteer Chief Dan Hawthorne to arrange for the County's paid Fire Department to operate from the Volunteer Fire Station until the County station is operational.

The Board indicated consensus to approve temporarily staffing the Scottsmoor Volunteer Fire Station.

PRESENTATION, RE: VIETNAM VETERANS OF BREVARD

Chuck Kosak, President of Vietnam Veterans of Brevard, described the membership of the organization; and stated sometimes government agencies designed to help those who are down cannot reach all those in need, and that is where the organization steps in. He stated they provide temporary shelter and other assistance to help veterans become productive citizens; and described events held by the Vietnam Veterans of Brevard each year. He expressed appreciation to the Board for its part in keeping the Transitional Facility open; and presented a plaque to each Commissioner.

Commissioner O'Brien and Chairman Higgs expressed appreciation for the work done by the Vietnam Veterans of Brevard. Chairman Higgs requested Mr. Kosak advise those who may need assistance how they can get in touch with the organization. Mr. Kosak stated they can call the Vietnam Veterans of Brevard in Cocoa; they are still in the process of moving; and the telephone number is 259-0031.

REPORT, RE: STATUS OF BILLBOARD ON PROPERTY OF SALLY MALLOW

Commissioner Carlson stated Sally Mallow had a problem with a billboard on her property on Harlock Road; and it has been removed.

ITEM REMOVED FROM AGENDA FOR DISCUSSION

Commissioner Voltz requested Item III.B.2 be pulled from the Consent Agenda for discussion.

RESOLUTION, RE: RECOGNIZING WESTSIDE JAMMERS

Commissioner Voltz read aloud a resolution commending the Westside Jammers for their dedication to musical excellence and exemplary performance at the 1999 Orange Bowl Parade.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending the Westside Jammers. Motion carried and ordered unanimously.

Director Chuck Brooker stated they were privileged to be asked to perform at the Orange Bowl Parade; and it was an opportunity to represent the County and the County's public schools. He presented a plaque to Commissioner Voltz designating her as an Honorary Jammer. Commissioner Voltz presented Resolutions to Mr. Brooker and the Westside Jammers. Chairman Higgs suggested the group come back with their instruments.

RESOLUTIONS, RE: RECOGNIZING EXCELLENCE IN PUBLIC SERVICE AWARDS

County Manager Tom Jenkins stated annually the Board has the opportunity to recognize one outstanding employee and one outstanding manager; and described the selection process. He stated the Excellence in Management award winner is Euripides "Euri" Rodriguez.

Commissioner Carlson read aloud a resolution commending Euri Rodriguez as the Excellence in Public Service Management Award recipient for 1999.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution commending Euri Rodriguez as the 1999 Excellence in Public Service Management Award recipient. Motion carried and ordered unanimously.

Euri Rodriguez expressed appreciation to the Board, Mr. Rabon, his employees, and his wife.

Chairman Higgs congratulated Mr. Rodriguez; and stated the Board appreciates everything he does. Commissioner Carlson presented the Resolution to Mr. Rodriguez.

Mr. Jenkins stated the 1999 Excellence in Public Service Award recipient is Dennis Baudek.

Commissioner Scarborough read aloud a resolution commending Dennis Baudek as the 1999 Excellence in Public Service Award recipient.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending Dennis Baudek as the 1999 Excellence in Public Service Award recipient. Motion carried and ordered unanimously.

Dennis Baudek stated Water Resources is a team process; and he is accepting the award on behalf of himself, the other operators, other staff, Mr. Martens, Mr. Linkenhoeker, and Mr. Peffer.

Commissioner Scarborough presented the Resolution to Mr. Baudek.

Chairman Higgs stated it is important to note that both of the awards went to areas of Solid Waste Management and Water/Wastewater Resources that make this a better community to live in; and nothing upsets people more than if those services are not present.

RESOLUTION, RE: COMMENDING JAMES BROWN

Commissioner O'Brien read aloud a resolution commending James Brown, SCAT Superintendent of Maintenance, on his retirement after 25 years of service to the citizens of Brevard County.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution commending James Brown for 25 years of service to the citizens of Brevard County and wishing him good health and happiness during his retirement. Motion carried and ordered unanimously.

James Brown expressed appreciation to the Board. Commissioner O'Brien presented the Resolution to Mr. Brown.

RESOLUTION, RE: HONORING VIRGINIA DONIGAN

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution honoring Virginia Donigan for her work as a children's advocate in Brevard County. Motion carried and ordered unanimously.

Commissioner Voltz advised the Resolution will be presented later.

RESOLUTION, RE: WELCOMING THE FLORIDA STATE CONFERENCE OF THE BRANCHES OF THE NAACP CONFERENCE IN BREVARD COUNTY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution welcoming the Florida State Conference of the Branches of the NAACP Conference in Brevard County. Motion carried and ordered unanimously.

Chairman Higgs stated the Resolution will be presented on Saturday morning.

RESOLUTION AMENDING RESOLUTION NO. 89-439, RE: ESTABLISHING FEE SCHEDULE TO INCLUDE APPLICATION FEE REFUNDS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution amending Resolution No. 89-439, to provide for application fee refunds for petitions to vacate. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: HAMPTON PARK SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant final plat approval for Hampton Park Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and not relieving the developer from obtaining all other jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA, TRACT G2, PHASE 4

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant final plat approval for Viera, Tract G-2, Phase 4, subject to minor changes if necessary, receipt of all documents required for recording, and not relieving the developer from obtaining all other jurisdictional permits. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN VIERA TRACT G-1, PHASE 3A

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Subdivision Infrastructure Contract with The Viera Company guaranteeing improvements in Viera, Tract G-1, Phase 3A. Motion carried and ordered unanimously.

AGREEMENT WITH TIMOTHY KUZNIAR, RE: WEST CANAVERAL GROVES IMPACT FEE FINANCING

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Agreement with Timothy Kuzniar for financing of the impact fee in West Canaveral Groves. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ADOPTING 1999 EDITION OF THE NATIONAL ELECTRICAL CODE AND LOCAL PROVISIONS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to advertise a public hearing to consider an ordinance adopting the 1999 Edition of the National Electrical Code and local provisions. Motion carried and ordered unanimously.

REVISED RESOLUTION, RE: ESTABLISHING FINES AND FEES FOR LIBRARY SERVICES DEPARTMENT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution revising the schedule of fines and fees for the Library Services Department to include personal computer diskettes. Motion carried and ordered unanimously.

APPROVAL OF STAFF ASSISTANT II AND BUDGET CHANGE REQUEST, RE: SCHOOL CROSSING GUARDS FOR SPACE COAST MIDDLE SCHOOL AND ENTERPRISE ELEMENTARY SCHOOL

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve one additional part-time permanent school crossing guard (Staff Assistant II) including position, budget supplement, and budget transfer, and approve the Budget Change Request to be funded by the General Fund Contingency. Motion carried and ordered unanimously.

AGREEMENT WITH PATRICK AIR FORCE BASE, RE: 911 EMS SERVICE

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Agreement with Patrick Air Force Base to provide 911 EMS service. Motion carried and ordered unanimously.

APPROVAL, RE: FIRE RESCUE'S PARTICIPATION IN HARVARD-BASED TIMI 19 HEART STUDY

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Fire/Rescue's participation in the Harvard-based Timi 19 Heart Study; and authorize the County Attorney and County Manager or their designees to negotiate a sufficient Hold Harmless Agreement to be signed by the Chairman. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: FIRE PREVENTION AND PROTECTION ORDINANCE

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to advertise a public hearing to consider a fire prevention and protection ordinance to include citation and enforcement authority. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: EMERGENCY MEDICAL SERVICES ORDINANCE

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to advertise a public hearing to consider an ordinance amending Section 5 of the Emergency Medical Services Ordinance to remove those agencies from the EMS Advisory Council that no longer participate, strengthen the attendance requirements for voting members, and replace the secretary position with a vice chairman position. Motion carried and ordered unanimously.

AGREEMENT WITH CONFLICT CAPITAL ATTORNEY BRIAN ONEK, RE: LEGAL REPRESENTATION OF INDIGENTS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Agreement with Conflict Capital Attorney Brian Onek for legal representation of indigent persons in conflict capital criminal proceedings. Motion carried and ordered unanimously.

APPROVAL, RE: BREVARD COUNTY FIRE/EMS RESERVES PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the Brevard County Fire/EMS Reserves Program to include the use of volunteers in Fire/Rescue, use of paramedics and EMT's in Emergency Medical Services which could be expanded to include fire fighters, and possible use of reserve personnel as dispatchers. Motion carried and ordered unanimously.

AGREEMENT WITH SCHOOL BOARD OF BREVARD COUNTY, RE: BUS TRANSPORTATION SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Joint Use Agreement with the Brevard County School Board for bus transportation services, beginning March 1, 2000 through February 28, 2001, for the transportation disadvantaged. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH COMMUNITY SERVICE COUNCIL OF BREVARD, INC., RE: SENIORS AT LUNCH TRANSPORTATION

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Amendment No. 1 to Agreement with the Community Services Council of Brevard, Inc. to provide transportation for Seniors at Lunch Program, increasing the payment to $93,918 a year for the additional meal site. Motion carried and ordered unanimously.

GRANT APPLICATION AND FEDERAL ASSURANCE, RE: FY 2000 SECTION 5311 NON- URBANIZED AREA FORMULA FEDERAL OPERATING ASSISTANCE

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Grant Application and execute Federal Assurance Form for the FY 2000 Section 5311 Non-urbanized Area Formula Federal Operating Assistance funds in the amount of $136,090. Motion carried and ordered unanimously.

RESOLUTION, RE: DESIGNATING MEMBERSHIP OF THE BREVARD COUNTY BEACH EROSION ADVISORY COMMITTEE

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution designating members of the Brevard County Beach Erosion Advisory Committee to include one representative from each beachfront municipality, four at-large members representing unincorporated Brevard County, and ex-officio representatives of the Canaveral Port Authority, Patrick Air Force Base, and Sebastian Inlet Taxing District. Motion carried and ordered unanimously.

AWARD OF BID #B-4-0-18, RE: AERIAL TRUCK

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to reject the low bid of $106,765 from Hydra-Tech, Inc. for Bid #B-4-0-18, Aerial Truck; and award the bid to second low bidder Lift-All East, Inc. for $118,015, as its price was firm and did not take exception to the warranty provisions. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION COMMITTEE , RE: SOLID WASTE ENGINEERING SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to advertise a request for proposals for Solid Waste Consulting Engineering Services; and appoint a Selection Committee consisting of the County Manager or his designee, Solid Waste Management Director and Director of Operations for Solid Waste Management to evaluate responses to the RFP and recommend a firm to the Board. Motion carried and ordered unanimously.

INITIATION OF OPERATIONAL DUTIES, RE: BAREFOOT BAY WATER AND SEWER SYSTEM

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve creating 13 positions in Fund 4250; authorize Budget Transfer into appropriate line items; and grant County Manager the authority to place employees of Avatar Utility Services Inc. (Barefoot Bay Division) with the Water Resources Department, providing recognition for prior service and experience for the purpose of determining starting salary rates for those applicants placed in County positions by June 1, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: NEGOTIATED WORKER'S COMPENSATION SETTLEMENT WITH JOHN B. CLARK

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the negotiated Worker's Compensation Settlement with John B. Clark in the amount of $55,960 with voluntary resignation and general release on a full, final, and complete basis. Motion carried and ordered unanimously.

APPROVAL, RE: TENTATIVE SETTLEMENT OF ATTORNEY'S FEE PERTAINING TO WORKER'S COMPENSATION CLAIM OF WILLIAM T. WOOD

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the negotiated settlement of claimant's attorney fee inclusive of taxable costs in the amount of $50,000 for representation of the Worker's Compensation claim of William T. Wood. Motion carried and ordered unanimously.

PERMISSION TO UTILIZE, RE: NATIONAL ASSOCIATION OF COUNTIES COOPERATIVE OFFICE SUPPLY BID WITH OFFICE DEPOT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to utilize the National Association of Counties' cooperative office supply bid with Office Depot to purchase office supplies for the County. Motion carried and ordered unanimously.

APPROVAL, RE: RELIEF OF PUBLIC DEFENDER LIENS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize the Chairman to execute a Partial Release of two Public Defender liens recorded in ORB 3191, page 0878 and ORB 2853, page 1100 and an Order Taxing Costs recorded in ORB 3519, page 2470 of the Public Records of Brevard County, Florida; and accept the offer from Christopher Ihde of $150 as full and final settlement of the liens which totaled $388. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNUAL REPORT OF CHILDREN'S SERVICES COUNCIL OF BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to acknowledge receipt of the Annual Report of the Children's Services Council of Brevard County for calendar year 1999, provided in accordance with Ordinance 90-4. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN PORT ST. JOHN, UNIT 4 - RONALD AND CONNIE GRIFFITH

Chairman Higgs called for the public hearing to consider a resolution vacating public utilities and drainage easements in Port St. John, Unit 4 as petitioned by Ronald and Connie Griffith.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utilities and drainage easements in Port St. John, Unit 4 as petitioned by Ronald and Connie Griffith. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING SIGNAL POLE EASEMENT IN SECTION 21, TOWNSHIP 28S., RANGE 37E. - BOARD OF COUNTY COMMISSIONERS

Chairman Higgs called for the public hearing to consider a resolution vacating signal pole easement in Section 21, Township 28S, Range 373 as petitioned by the Board of County Commissioners. She stated this is moving a traffic signal pole, and all objections have been worked out.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution vacating signal pole easement in Section 21, Township 28S., Range 37E. as petitioned by the Board of County Commissioners. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 2 - JOHN AND LESLEE PENNEY

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2 as petitioned by John and Leslee Penney. Chairman Higgs stated there are no unresolved issues.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2 as petitioned by John and Leslee Penney. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 2, PART 10 - CHARLES BERTHOUD

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10 as petitioned by Charles Berthoud. Chairman Higgs stated there are no unresolved issues.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10 as petitioned by Charles Berthoud. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - BAREFOOT BAY REALTY, INC.

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Barefoot Bay Realty, Inc.

There being no comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Barefoot Bay Realty, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN IDLEWYLDE ESTATES - MICHAEL HOWARD

Chairman Higgs called for the public hearing to consider a resolution vacating right-of-way in Idlewylde Estates as petitioned by Michael Howard.

Commissioner Voltz stated there are no objections. Chairman Higgs stated there is a speaker who also sent a letter.

Robert Pelfrey stated the property in question is connected to his property; there is a dead-end street that runs back to the applicant's existing fence; and the applicant wants to cut off the road at the edge of his property and build a fence which would be up against his fence. He stated the applicant wants to convert the property to industrial; every parcel is residential; and if the vacating is done, there will be a problem with the power company because there is a pole on the property which the power company would be unable to get to.

Commissioner Voltz recommended continuing the public hearing to allow time to work this out; and requested Mr. Pelfrey contact her office.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to continue the public hearing to consider a resolution vacating right-of-way in Idlewylde Estates as petitioned by Michael Howard to February 8, 2000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING COUNTY COMMISSION SALARIES FOR 2001 AND 2002

Chairman Higgs called for the public hearing to consider an ordinance establishing County Commission salaries for 2001 and 2002.

Motion by Commissioner O'Brien, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida; reviewing and fixing County Commission salaries; requiring periodic review and approval of Commission salaries in the manner required by the Brevard County Charter; providing for severability; providing for repealer; and providing for an effective date.

Commissioner Scarborough inquired what would be the net effect of the motion. Chairman Higgs stated it would go to the non-charter County rate for Brevard County. Commissioner O'Brien stated it would make the pay the same as someone in Lee County, for example. Chairman Higgs stated that is not necessarily so, and would depend on the County's population. Human Resources Director Frank Abbate stated population is a primary factor that goes into that calculation by the State statutory formula. Chairman Higgs stated the State's statutory formula is calculated for non-charter county commissioners and is based on a base rate plus a factor for population.

Commissioner Voltz seconded the motion. She stated this increase may not affect the three Commissioners who are up for reelection, as it will not take effect until January 2001.

Commissioner Scarborough stated the Board deferred pay increases; and it is rare to go back and recapture increases. He stated his concern is the statutory rate could exceed what is given County employees; at one time there were no increases for County employees, but the Commissioners got raises; so the Commissioners wrote checks to Clerk's Finance to return their raises. He stated there should be a formula to either take the statutory percentage increase or the COLA; the Consumer Price Index has been mentioned as another methodology; and the Board could take the lower of the three or the two, so in no case would the Commissioners' salaries exceed what the employees would get.

Commissioner Voltz stated the reason she likes the State formula is because it does not make the salaries political; if the County and the Commissioners go with 5%, 5% of what the Commissioners get is more than 5% of what the employees get, so there is still an inequity; and commented on the politics of salaries. She stated whether the Board goes with one formula or the other, it needs to set it and move on. She inquired if it is in the Charter that salaries have to be brought up every two years; with County Attorney Scott Knox advising the Charter requires the Board to set Commissioners' salaries every two years.

Commissioner Scarborough inquired in setting the salaries, is it mandatory to set a dollar amount, or could it be the lesser of the percentage increase of the Consumer Price Index, the COLA increase for County employees, or the statutory amount set for Commissioners of similar sized counties. Mr. Knox advised the Charter only requires the Board to set the salaries, and does not say how to go about it. He stated he would be most comfortable moving to that type of scenario as it would create a degree of fairness.

Chairman Higgs stated the salary is currently $58,308; the statutory rate is $70,227; and she cannot support going to that.

Mr. Abbate explained the salary sheet, including existing salary, non-charter commission salary, and adjustments based on career service employee increases; and stated the $70,227 is based on the 4% COLA and 2% merit increase that employees have, but the State rate for 2001 has not been established yet. He noted for the last four years, the State rate has been approximately $3,000 per year, and the current rate is $67,000, so the rate will be close to the $70,000 range. Chairman Higgs inquired if the comparison figure is $67,042; with Mr. Abbate responding that is the current figure, and it will probably go up close to $70,000, but the State will not set that until September. Chairman Higgs stated the current rate of $58,308 would go to at least $67,042; but when she looks at the average salary in Brevard County of $28,961, she does not believe the Board should support that kind of a change for the Commission salary. She stated $58,308 is an equitable figure, and she could support a CPI or COLA, the lesser of the two, never to be more than what the County employees are getting in that year; but she cannot support going to the State rate.

Commissioner Scarborough stated the Consumer Price Index in the last month increased 2.7%; the COLA for County employees was 4%; the County statutory salary last year increased 4.1%; if the CPI was used, the salaries would go up to $59,882; if the COLA was used, it would go to $60,640; and those are substantially less than the State formula. He stated he cannot see recapturing all of the deferred increases.

Chairman Higgs stated her preference is to leave the salary where it is now, but going into an ordinance with a set formula could be viewed as fair by most people.

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

Commissioner Scarborough stated he assumes there are not the votes set a formula in the Ordinance which would be a fair methodology in the future. Chairman Higgs stated for the Board to put a Charter amendment on takes a vote of four.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 14 AND REVISING ANIMAL LICENSE FEES

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 14 and revising license fees.

Dr. Joe Ward, Animal Services and Enforcement Director, stated the ordinance change before the Board was originally brought forward on November 30, 1999; at that time the veterinary compliance with the requirement to provide the County with the rabies vaccination certificates was at 15% or below; veterinarians selling animal license tags at that time included 19 of 42 clinics; and as a result projected sales were well below the expected numbers which had a negative impact on the number of animals being registered and the revenues being generated. He stated during the meeting on November 30, 1999, the Board determined that it would not require veterinarians to sell tags but would seek other ways to sell the tags, including various retail outlets in addition to the veterinarians and other traditional venues. He stated since that meeting two additional clinics have begun selling tags and all but five clinics have complied with the request to supply copies of the rabies vaccination certificate; that raises the 15% compliance to 88% compliance, which relieves the need to seek a $500 fine for failure to comply; therefore, they deleted the line from Section 14-54 (d) that indicates the fine for failing to supply a rabies vaccination certificate, and the line in the resolution in paragraph 19, page 3. He stated in the November 30, 1999 meeting, the Board requested inclusion of language to increase the price of animal license tags including a differential for intact versus neutered animals, and to require veterinarians to display a sign in a prominent place in their offices indicating that rabies vaccination and animal license tags are required for each dog and cat and where those may be purchased. He stated the differential animal license tag fees are provided to encourage owners to neuter their pets to reduce the overpopulation of dogs and cats; and there are arguments for and against the effectiveness of such differentials in curbing population growth. He stated animal license tags serve a variety of functions, including ready animal identification, access to vaccination history of the animal, owner identification and address and a source of revenue to supplement funding of Animal Services and Enforcement activities; and the major use is to reduce the numbers of animals euthanized annually in the County by reuniting stray animals and owners. He stated animals whose owners cannot be identified often go unreclaimed and unadopted; reclamation rates consistently run below 50% for dogs and below 10% for cats; and the result is thousands of animals are put to sleep each year in the County. He stated several housekeeping changes are proposed in the ordinance, including adding definitions to assist understanding of the Animal Enforcement regulations by the general public; and other changes have been included to add clarity. He stated the primary purpose of the last meeting was to seek permission to advertise the public hearing for the ordinance changes; and they are present today to seek approval.

Commissioner Scarborough inquired if Dr. Ward is saying the $500 fine for the veterinarians is being deleted; with Dr. Ward responding affirmatively. Commissioner Scarborough inquired what else is being deleted; with Dr. Ward responding that was the single item to be deleted. Commissioner Scarborough stated the veterinarians expressed concern about raising the tag fees; advised of meetings in his office; and stated there has been a request to not raise fees today.

Chairman Higgs stated the County went to the $5 fee on October 1; it was lowered because there was a commitment from the veterinary community to have heavy participation in the sales; and inquired what percentage of the veterinarians are selling tags; with Dr. Ward responding 45%. Chairman Higgs stated the County has not been able to get the support to produce the revenue. Dr. Ward stated the major clinics have started selling tags, so that is a plus. Chairman Higgs inquired if that is new; with Dr. Ward responding no.

Commissioner Voltz stated the County is not in the business of raising money to perpetuate government bureaucracy; Animal Control is needed; and the burden for funding the program should not be on the backs of the few pet owners, but should be from General Fund. She stated if the goal is for all the dogs to be identified and have rabies shots, then it should be free and funded through General Fund. Chairman Higgs inquired about a breakdown on the Animal Control budget in terms of General Fund revenue versus animal tag sales. Dr. Ward responded animal tags are approximately 21% of the total. Chairman Higgs stated 21% is hardly on the backs of the animal owners. Commissioner Voltz stated that money really should come from General Fund; and inquired what is the total dollar amount of the 21%. Dr. Ward stated the projection for the license tags is approximately $400,000, and the total budget is $1.9 million.

Denise Van Cleef stated she is a veterinarian from Melbourne; and as a veterinarian she does not think that the veterinarians have had an opportunity to have a lot of information about what the ordinance is going to do. She stated she has received information, but there has not been an opportunity to sit down to hash out the issues; and her biggest concern is that this is a complex public health issue. She stated she has been practicing in the County for approximately 17 years; she was selling rabies tags in her office; after talking to Dr. Ward, she is again considering selling rabies tags; but she was one of the first to stop selling the tags. She stated this needs to be a concerted effort between veterinarians, Animal Control, and public health. She stated the prime example is the cats that were positive for rabies; statistically cats wind up with rabies more than dogs; all the kittens were not found; and it is complex. She stated she has not had a chance to read the ordinance; and there could be an opportunity for dialogue between the veterinary community and Animal Control as well as the Commissioners to clarify some of the issues and make a greater joint effort. She stated public health has to be involved in this.

Chairman Higgs stated the $500 fine issue is no longer on the table; the Board is looking at the sale of the County license tag only; rabies tag sales is not an issue; and there is the potential of a sign being required. Dr. Ward stated that is correct; and there is a difference between a rabies tag and an animal license tag.

Commissioner O'Brien inquired if the veterinarians would have been fined; with Dr. Ward responding yes, for not supplying the rabies vaccination certificates. Dr. Ward advised they are required by State law to be provided to the Animal Control agencies. Commissioner O'Brien stated the Board is saying now it is not going to fine the veterinarians. Chairman Higgs noted it is a State law. County Manager Tom Jenkins clarified the level of participation by the veterinarians is up to 80%; and the existing State enforcement mechanism will be sufficient to take care of the remaining ones who are not participating. Commissioner O'Brien inquired if 20% of the veterinarians do not give a certificate when they give a rabies shot; with Chairman Higgs clarifying the veterinarians were not giving them to Animal Control, but that issue has been taken off the table. Commissioner O'Brien stated yesterday a lady from Cocoa Beach who raises Great Danes came in; they never leave her property except to go to the veterinarian; she was incensed that the veterinarian notified the County that she had her dog vaccinated; and she equivocated that to Nazi Gestapo tactics in that her name was being sent to the police because she did something right. He stated that line of thought appears to be almost correct; it does facilitate getting people to buy County tags, which is also set by State law; but in the process of having all the veterinarians comply by notifying the County that a responsible dog owner got their dog vaccinated, the County will never know about the irresponsible dog owner until the dog is caught running wild. He stated the County is punishing people for doing the right thing, but not punishing people who are doing the wrong thing. Chairman Higgs disagreed; and stated there are fines for not having either a rabies tag or not having a County license. Commissioner Voltz stated it is State law that they have to do that; so it would be necessary to go to the State to get anything changed. Commissioner O'Brien inquired if it is State law that they have to notify the County; with Commissioner Voltz responding yes. Commissioner O'Brien stated another question that came up was that since the dog never leaves the property, she does not want to buy County tags; his argument is that part of the reason the County wants animal owners to buy tags is to offset the cost of Animal Control; and the other side is that General Fund should do that. He inquired why should people who do not own an animal be paying property taxes to chase after someone else's dog that runs the street; with Commissioner Voltz responding because if they bite someone, an officer would be there to help. Commissioner O'Brien stated the people should be buying the animal tags to offset the cost because they own the animal that might bite; and therefore there is a record of the owner. He stated there should be tag sales so there is a match between the animal and the owner; and although General Fund is paying to protect people from someone else's dog, the tag sales help offset the cost of having to do something with the animals.

Commissioner Voltz stated letters indicate that the veterinarians were never notified of the meeting. Dr. Ward advised he spoke with Dr. Burger the day after the November 30, 1999 meeting. Commissioner Voltz stated the County did not notify them. Dr. Ward clarified he represents the County, and Dr. Burger is the President of the Veterinary Association. Commissioner Voltz stated not everyone is a member of the Veterinary Association; and the County did not send notices. Dr. Ward advised the County sent letters twice to all veterinarians requesting the vaccination certificates, and Dr. Burger also sent letters. Commissioner Voltz stated she was referring to notice of the meeting today; with Dr. Ward responding it was publicly advertised in Florida TODAY, and the Association was notified, but not each individual veterinarian. Commissioner Voltz stated if the Board is going to affect someone's livelihood, it should consider sending individual notices; and someone advised her yesterday that he had never been asked for the vaccination information. Dr. Ward advised that is untrue because regardless of whether they belong to the Association or not, the County sent each veterinarian a letter. Commissioner Voltz stated she did not like the tone of the letters in the package; and the image should be changed.

Commissioner Carlson stated it sounds like the County might want to gather one more time to try to iron out any differences, make sure everyone knows what is going on, and include the public health side of the issue. She stated the County only made the tags $5 in October, and she is not sure that is long enough to get everyone on board; and once everyone is on board, then the Board can address increasing it.

Motion by Commissioner Carlson, to continue the public hearing to consider an ordinance amending Chapter 14 and revising license fees.

Chairman Higgs stated this has been a problem for a long time; and what the Board has done is solid. She stated the dollar amount for the tag fee is not necessarily a veterinarian's issue; and while input from anyone is welcome, just going to the veterinarian community is not necessarily where the Board should go. She stated this is a much bigger issue, as everyone who owns a pet or deals with the pets of others has a stake in the animal control issue being properly funded. She stated she wants to get this settled, and will not support a motion to continue.

Clara Gunde stated she has come to the Board several times to address the issue of license tags, and each time it is discussed some misinformation gets tangled with the proper information; and she was puzzled to hear that this discussion has to do with the income of veterinarians. She stated the system now is that if a veterinarian sells a tag, he may or may not choose to be part of the County's reimbursable program where he gets back a dollar per tag; and she does not think there are any veterinarians in the community whose income is really affected. She stated the veterinarian is making the profit on his effort to protect the public health of the community with the rabies shot; but the County tag is not an issue that affects the veterinarians' income. She stated the differential rate for rabies tags is important to address the issue of overpopulation in the County; and described the national effort. She compared paying for tags to paying school taxes; and stated if the people want a community that is healthy and safe, everyone bears some responsibility. She commented on the need for pet owners to bear the responsibility of their animals, need to keep the streets safe, fatalities caused by dogs, enforcement of ordinances in a fair manner, and adequate shelters. She stated she supports the sale of rabies tags; this year they are $5 which is a ridiculously low fee; in many western states it is not uncommon to see a $100 to $125 annual tag fee; and for people to be balking at the cost is looking at it through jaded eyes. She stated the people need to support the Animal Control Program and help the animals; and the tag is the dog's ticket home. She urged the Board to develop a program at whatever fee scale is deemed logical; stated it needs to be a differential which rewards those people who have spayed and neutered pets; and encouraged the Board to develop the Animal Services Program so that it does positive things for people in the community. She advised of the need for more educational work.

Commissioner O'Brien stated Ms. Gunde compared school taxes to animal tags; but if a child plays a sport such as soccer or Little League, the parents have to pay a fee although General Fund does support maintenance of the field, etc. He stated $5 per tag is low; and if the price was slightly higher, maybe fewer people would have animals and would be more responsible for them. He noted the community spends $1.9 million of taxpayer money per year on animal control; the Board should discuss the fee for the tag; and he would support a higher fee.

Commissioner Carlson stated she appreciates the comments of Ms. Gunde and Commissioner O'Brien; Dr. Burger indicated the veterinarians are starting to respond to what the County has not; and inquired if the Board is being premature. She stated if the Board allows it to continue, there may be 100% compliance with the rabies certificates; they may get on board with the County tags; and she supports posting signs at all veterinarians offices. She stated she is not against the differential; the Board should promote neutering and spaying of animals; and she wants to make sure everyone is moving in the right direction.

Chairman Higgs advised there is a 10:00 a. m. time certain; and the Board will come back to this issue after that.

The meeting recessed at 10:25 a.m. and reconvened at 10:38 a.m.

EEL PROGRAM MASTER SITE PLANS, RE: ENCHANTED FOREST, HELEN AND ALLAN CRUICKSHANK AND MALABAR SCRUB SANCTUARIES, AND BARRIER ISLAND ECO-SYSTEM CENTER

Parks and Recreation Director Charles Nelson stated the Board has before it today the 100% master site plans and the site management plans for each of the four sanctuary sites; and staff is requesting approval of the plans as well as permission to begin a phased implementation of the four sanctuary centers. He stated they propose to begin with the Enchanted Forest Sanctuary; and the Board at the meeting in December, 1999 gave staff authority to begin negotiations with the contractor, which has begun, so no time was lost over the holidays. He stated the Enchanted Forest would be first with design and construction to initiate in September, 2000; the design of the second center would begin in September, 2000 for construction in May, 2001; and they would come back to the Board for the final two. He stated that will allow an opportunity to review how the projects are going and whether there is a need to revisit the schedule or the need for the centers. He stated at any point during that time, they could come back to the Board for further direction.

Chairman Higgs stated this is specifically about the construction of the centers; and it does not necessarily mean staff would not be moving forward in terms of public access through other means. Mr. Nelson responded there are different levels of access to each of the sites; that will continue throughout the process; and while what is being discussed is the high end access, there will still be trails and other accesses for all the sites.

Martin Lamb stated he would like to verify that there will be open access to everyone without fee or permit; and inquired if the colleges and School Board will use the educational facilities and participate in some way with the cost. He requested visitors to the centers be registered separately, those who come in buses and those who come individually.

Kim Zarillo stated the staff and the County have done a wonderful job of getting public opinion on the sites, and adjusting the site plans to incorporate some of the suggestions. She stated this was part of the referendum; it needs to go forward; and it is good to see that the projects are finally on their way.

Mr. Nelson stated the centers will be open for general education purposes although it is anticipated that universities will participate in research to develop information related to each of the sites; and it is also anticipated that public and private schools will use the centers, but they do not participate financially in that process. He stated there will not be any fees for use of the sites; but there may be a permitting requirement for informational purposes, which is typical for all park uses.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the 100% Master Site Plans and Site Management Plans for the Enchanted Forest Sanctuary, Helen & Allan Cruickshank Sanctuary, Malabar Scrub Sanctuary and the Barrier Island Ecosystem Center; approve the schedule for the design and construction of each of the Sanctuaries; grant permission to negotiate the design and construction administration for the Enchanted Forest Sanctuary and Barrier Island Ecosystem Center with the A/E firm Kha Le Huu and Partners, on a task basis, according to the approved schedule; grant permission to use a Construction Management Delivery Method for construction, per approved Master Site Plan of the two sites, grant permission to advertise a request for proposals from qualified Construction Management firms, appoint a Selection Committee consisting of Facilities Construction Director Samuel Stanton or his designee, Parks and Recreation Director Charles Nelson or his designee, Bill Clifton, Carl Tucker, and EEL Program Manager Ann Birch to shortlist, rank and select the most qualified Construction Management firm; appoint a Negotiating Committee consisting of Facilities Construction Director Samuel Stanton or designee, Parks and Recreation Director Charles Nelson or designee, Bill Clifton, and EEL Program Manager Ann Birch to negotiate a contract with the selected firm; and authorize the Chairman to sign all related contracts.

Commissioner O'Brien stated he wants to be sure the Board gets a complete study with accountable data; and voiced concern about moving forward too quickly. He stated Enchanted Forest is to be completed this year; in May, 2001, the third sanctuary will start to be designed without having the data; and the Malabar Scrub Sanctuary and Helen and Allan Cruickshank Sanctuary should be moved to 2002 and 2003 to allow sufficient time to make sure there is public use of the facilities. He stated he is afraid the County will build a beautiful facility and no one will come or the facility might be overburdened right away; and until the Board knows the answers, it should not go forward with the third and fourth sanctuary. He stated until there is a track record on the Enchanted Forest and the Barrier Island Ecosystem Center, it would be a disservice to the taxpayers to move forward; and commented on counting methods and cost to the public. He stated he cannot support the motion as proposed at this time unless it is amended to delay the last two sanctuaries until there is a track record. He stated he is not against building the centers; the Board has promised access to the public; but inquired how much access should be provided.

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

Chairman Higgs summarized the discussion up to this point.

Susan Canada stated the majority of the population does not realize the tags are only $5; and recommended advertising the tags in the free newspapers. She stated if the price of the tag is raised, the majority of the people will not get them, although she is in favor of a higher price for unaltered animals; and commented on the costs of dealing with stray animals. She commented on cost of tags for feral cats; and requested the Board keep the price of the tags at $5. She stated in Los Angeles owners of animals who are not neutered or spayed have to buy a breeders license.

Commissioner Carlson withdrew the motion. She expressed interest in Ms. Canada's comment about the Los Angeles regulation; stated she does not want to make it more difficult to get animals spayed or neutered or take away the incentive by charging a high fee for a license; but there still needs to be some work done on this issue.

Commissioner Voltz stated she disagrees with the differential fees; if it was $10 versus $110 it might make a difference, but the difference between $5 and $10 or $10 and $20 is not going to make someone spend the money to have the dog spayed or neutered; and it does not make sense. She stated she has two dogs and two puppies; neither of her dogs is spayed or neutered, and she does not plan on getting them spayed or neutered for a while, although eventually she will; but the whole issue is what to charge. She stated the fee has been based on how much money the County needs in the budget; when a dog goes for its first shots at four months, it is not old enough to be spayed or neutered; and so those pets would be charged as non-neutered although there is no way to get them neutered. She stated the higher fee should only apply after the pet is one year old; but she does not see where the differentiation in the fee is going to make someone get their dog spayed or neutered, unless there is a huge incentive. She stated the Board has jerked around the veterinarians for the last few years increasing and decreasing the fee; and the Board needs to allow some time for this to pan out. She stated if everyone comes into compliance at $5, that is far better than raising fees and only having a small percentage of people getting their animals licensed.

Motion by Commissioner O'Brien, seconded by Voltz, to remove Section 14-54 (d) which is the $500 fine. Motion carried and ordered unanimously.

Commissioner O'Brien stated he does not want to change the fees at this time; the veterinarians want some stability; and if the Board wants to raise the rate, it can do it in six month when it is discussed again.

Motion by Commissioner O'Brien, to revisit the Ordinance at the third meeting in July, 2000.

Commissioner Voltz inquired if it could be done after one year on October 1, 2000. Commissioners Carlson, Higgs and Scarborough indicated October 1 would be fine.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to revisit the Ordinance on October 1, 2000. Motion carried and ordered; Commissioners Scarborough, O'Brien, Carlson, and Voltz voted aye; Commissioner Higgs voted nay.

Chairman Higgs stated another item was proposed to require posting of signs.

Motion by Commissioner Carlson, to require posting of signs in veterinary offices with information about rabies and County tags.

Commissioner Scarborough stated the veterinarians do not have a problem with that.

Commissioner Voltz stated she will second the motion as long as the County pays for the signs. Commissioner Carlson stated it needs to be a uniform sign provided by the County with detailed information advising that rabies tags and County licenses are required and the violation for not having them. She stated if that is in every veterinarian's office, it will help; and if there is 100% compliance, the Board may see the budget it needs. Commissioner O'Brien advised of inexpensive signs in used restaurants.

Chairman Higgs stated the motion is to pass the amendments minus (d) on page 16. Dr. Ward advised part of (d) is to require posting the sign. Commissioner Scarborough suggested handling the sign independently of the language in the ordinance. Chairman Higgs stated the only thing not included is the first sentence of (d). Commissioner Carlson stated item (c) on page 16 includes rabies vaccinations, and says that veterinarians shall display in a conspicuous place that can be seen and easily read by all customers, a sign indicating where the tags can be purchased; and the Board needs to include language that the County will be providing the sign.

Commissioner O'Brien stated the sign should read that State law says that the license tags are required so people do not think the County made the law. Chairman Higgs noted that is not accurate. Dr. Ward advised State law does not require the tag. Chairman Higgs clarified State law requires a rabies vaccination, but does not require a County tag; and it is the County Ordinance which requires the County tag.

Chairman Higgs called for a vote on the motion as stated by Commissioner Carlson with the insertion of a sign provided by the County. Motion carried and ordered; Commissioners Scarborough, O'Brien, Carlson, and Voltz voted aye; Commissioner Higgs voted nay.

Commissioner Scarborough stated he understands the intent that the County provide a sign; and inquired if there would be an objection if the veterinarian chose to put up a more expensive sign; with Commissioner O'Brien responding not at all.

Chairman Higgs stated the Board dropped the first part of (d); and inquired if it is a violation to not properly display the sign required in the section above; with Commissioner Voltz responding no. Commissioner Scarborough stated he does not want to make it a violation. Commissioner Carlson stated Dr. Ward can hand deliver the signs and see that they are put someplace conspicuous; and most veterinarians will be willing to comply with that. She stated she cannot imagine it being a hardship; and they can put up something fancier as long as it is conspicuous and has the same information. Chairman Higgs stated the language in Section (d) will be dropped. Dr. Ward advised it is difficult to make a requirement and then not make it a violation. Chairman Higgs stated she understands that but she does not hear a motion.

Discussion ensued on having a requirement with no violation, getting cooperation of the veterinarians, difficulty in enforcement, responsibility for public health issues, and cost effectiveness of enforcing sign placement.

Commissioner O'Brien stated his motion was to eliminate all of paragraph (d). Chairman Higgs stated the Board did not vote on (d); with Commissioners O'Brien and Voltz advising the Board did vote on (d). Commissioner O'Brien stated it passed and got rid of paragraph (d) in its entirety; so that solves the problem. Commissioner Carlson stated paragraph (c) says to display the sign; hopefully the same language will be provided by the County and it will be voluntary. Commissioner Voltz stated if the County provides a sign with information to the veterinarians to display in their offices, it does not make anyone do anything, but it is good to inform the public. Commissioner Carlson stated if the desire is to bring in the 55% who are not cooperating now, this is a good way to do it. Commissioner O'Brien stated it does not need to be in the ordinance, and the Board can direct staff to do it. Chairman Higgs stated basically the Board is requiring the signs but has no violation; and inquired if anyone wants to discuss additional language.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 14, Animal Enforcement Ordinance, Code of Ordinances for Brevard County, Florida; specifically amending Section 14-26 Definitions to include aggressive animal, aggressive attack, exotic animal, farm animal, high-risk rabies animal, hybrid animal, suitable shelter, sustenance and zoonoses; amending Section 14-37 Penalty; amending Section 14-49 Classification of dogs as dangerous; Penalties, amending Section 14-50 attacks by declared dogs: Destruction; amending Section 14-53 cruel and inhumane treatment of animals prohibited; amending Section 14-54 Rabies License Certificates and animal license tags; amending Section 14-55 responsibility for animals; and providing an effective date, as amended. Motion carried and ordered unanimously.

Chairman Higgs inquired are there items in the fee resolution that need to be adjusted based on what the Board has done; with Dr. Ward responding the Board needs to delete the fines for violating the sign posting. County Manager Tom Jenkins stated there would be no changes to the fee resolution. Commissioner Scarborough stated it is not necessary to do anything. Mr. Jenkins recommended dropping the resolution. Chairman Higgs stated no further action is required.

REPORT, RE: CREATING A COMMUNITY ALLIANCE TO OVERSEE COMMUNITY-BASED CARE IN BREVARD COUNTY

Assistant County Manager Don Lusk stated the Board directed staff in November, 1999 to look at the concept Secretary Kearney from the Department of Children and Families presented when she was in Brevard County, which was to put together a community alliance in each community and to oversee programs that she is planning to transfer to local governments in the future; and one of the first services to be privatized is the community-based care. He stated community-based care refers to those services in the community such as foster care, protective services, adoption services, shelter care, residential group care, family preservation, independent living, and case management; and the community alliance, which could be made up of various local representatives designed to oversee the system of care in the County would function in an advisory capacity doing things like needs assessment, resource development, performance oversight, etc. He stated current information about the alliance is that it would be a product of consultation between the Department of Children and Families and local communities to determine the make-up; a community alliance could be an agency existing in the community, a County, or any entity that steps forward to put together a community alliance or perform those functions. He stated the second concept that the Board decided to discuss was the community-based care concept; that concept is to be implemented through the establishment of a lead agency; and a lead agency can be an existing community group or the Board of County Commissioners. He stated in the community-based care system in Brevard County, as of November 30, 1999, there were 360 children in out-of-home placement; there were 132 staff members at the State level overseeing the program; and there is a budget of approximately $9.2 million. He stated lots of things have happened in the County over the last year that have led to this discussion; last May, Leigh Holt from the Brevard Privatization Task Force came forward with a list of recommendations from the community; and one of the strong recommendations was that Brevard County wants its own system of care. He stated Children's Home Society, Devereaux Foundation and Orange County have begun a study to look at the risks, costs, etc. for the District 7 system of care; it will be done and available in approximately 60 days; and United Way is also in the process of exploring a new not-for-profit corporation concept that would be put together as an agency to administer those kinds of programs. He stated staff has provided a lot of options, from creating the community alliance to direct provision of service.

Randy Mutter stated community-based care and the community alliance concept are the 9-1-1 system to protect children from harm; and it is in a severely damaged situation. He stated there is no true partnership with the State, but they are working diligently toward that; there is an absence of a local coordinated system of care; and capacity is limited compared to the needs. He stated they need to be able to coordinate resources; children are dying; and they worked hard for the last year and one-half to try to put together a mechanism to respond as a community to protect children, but they failed. He stated the County cannot afford to lose its children; the Board spends a lot of time talking about dog tags and raising funds for feral cats, but the community does not spend much time talking about the children; and commented on the Jessica McClure incident. He recommended proactively organizing the community so there is an adequately funded response system that is well organized and planned, and is networked so the County does not lose its children.

Gayle Cannon stated she was appointed to the District 7 Health and Human Services Board; and being a member of an advisory board that connects four counties with the Department of Children and Families has been a learning experience. She stated however well intentioned the Department may be, once it serves multi-counties, the bureaucracy bogs down and the importance of the children in need seems to get lost in the paper shuffle. She stated on Thursday, January 20, 2000, Judge Kathleen Kearney presented a reorganization update to the Health and Human Services Appropriations Committee at the House of Representatives; and she was impressed by her statement that the Department is not just responsible to the individuals that it serves but to the communities that it serves. She stated this is also true for the Board and for the Community-Based Care Coalition; by serving children at the local level, it is possible to operate in a more efficient, timely and caring manner; and the Board's partnership is critical to making this a true community collaboration.

Irene Burnett requested the Board form an alliance to take care of children in Brevard County; and outlined problems with children, including drug problems. She stated at the Juvenile Detention Center there have been approximately 54 children, which is over capacity; Country Acres has been running at capacity with 24 children; the Rainwater Center is at capacity and has a waiting list; and the Board has statistics on foster care and protective services children. She stated the County has been depending on others to help solve the problems, and that does not work; and the County needs its own system. She stated Brevard County has the ability to work together; and commented on the Privatization Task Force, Children's Services Council, the Comprehensive Delinquency Prevention Strategy, and Shared Services Network. She stated an alliance made up of community leaders and agency representatives to spearhead community-based care is needed; and requested the Board recognize the need and appoint such an alliance.

Leigh Holt stated Brevard County can take care of its children; there are incentives for involvement in community-based care; foster care is the first part of the community alliance; there are start-up dollars appropriated; those communities that go forward will get the lion's share of the start-up dollars; and recommended moving forward. She explained the opportunities for a 4-E waiver to use federal dollars; and stated by running funds through a government entity, there are opportunities for additional match dollars which the County is not currently accessing, so there is incentive for government involvement with the funds. She commented on the success of the privatized Sarasota system, and reducing length of stay in the system. She advised of a workshop to be held on February 2, 2000 at the Florida Solar Energy Center; commented on the importance of the community forming an alliance; and stated the Board should take the lead.

Patty Stewart, representing Crosswinds Youth Services, stated as a partner with other agencies involved in the community-based concept for the past year and one-half, they want to share their opinions; the Board has already heard the importance of taking care of the children and families in the community; they do not want other government entities coming in and telling them how to take care of their own citizens; and they want to do that on a local level. She stated it will be coming down from State that it will be a local decision; and commented on the community alliance concept. She requested the Board support the establishment of a community alliance which is of critical importance; and stated the Board has been responsive to the needs of the community members, and is the likely one to take the lead. She requested the Board appoint members to the alliance; and commented on leveraging of funds.

Jim Toy stated he recently got involved in this issue; and commented on difficulties in getting assistance for a friend whose daughter was at risk. He stated the system is so fragmented, that people who have a specific need have no straight-line path to get help when they need it; and a community alliance is needed. Mr. Toy stated he signed up for foster care training that is given by the Children's Home Society and Department of Children and Families; and commented on difficulties in contacting the organizations and accessing the training.

Ginger Ferguson, Executive Director for the Hungry and Homeless, commented on the importance of networking to save children from homelessness, and the community working together to meet the immediate needs of families in crisis. She stated many of the homeless have no other alternative but to see their children placed into foster care; and the local community needs to address the foster care issue and work collectively to help strengthen the families so they can be reunited with their children. She stated more foster care is needed; more funding is needed; but it needs to be done on a local level; and they are looking to the Board to help in forming an alliance. She stated it is imperative in order to bring federal funding to the local level to show that coalitions and alliances are working together to meet the local needs; and commented on the number of individuals in Florida and Brevard County who are homeless. She stated the alliance could solve a lot of the problems and help those in need receive assistance.

Commissioner Voltz stated she is Chairman of the Children's Services Council; this is an important issue for the County; and the Board should take the lead to put the community alliance together. She stated the Children's Services Council just received a shared services network grant so it can put a community alliance together; it is putting together a workshop with the United Way and others on February 2, 2000; and may have a recommendation for a community services alliance. She stated it will probably be quite large, and the Board may have to appoint a number of people to include all aspects of the community. She inquired about Mr. Lusk's recommendation. Mr. Lusk advised the slate is wide open for creation of the community alliance; and the workshop on February 2, 2000 will be an excellent opportunity for the Board to hear from those involved in this issue. He stated the Board should get that information and discuss it with Department of Children and Families (DCF) or discuss it before it goes to DCF, but it has to be in consultation with that Department. He recommended having the workshop, going to DCF, and then coming back to the Board. Commissioner Scarborough stated after option A, there are several opportunities to play roles; option B talks about the Commission being the lead agency and fiscal agent; option C is fiscal agent and contract out direct services; and inquired if those options will be discussed at the workshop. Commissioner Voltz stated the Board should be the lead agency and fiscal agent because if something happens to a child, the Board will be held responsible; and she does not know another agency that has the wherewithal to handle the responsibility and finances to get this off the ground and running. She stated it is good that the Governor has allowed communities to address community issues because children's issues are individual, and different Commissions do different things. She stated the responsibilities laid out by Kathleen Kearney are awesome; and the government needs to do what is necessary for the community.

Chairman Higgs stated the State is giving the County an enormous opportunity as well as an enormous liability; everybody recognizes that the system is not working; but the liability is tremendous. She stated she also recognizes that there is no one else that can step up with the resources and already in place structure as the Board; so there is no way to sidestep around this issue. She stated there will be liabilities; but she does not know any other way this can be done any better, so she is ready to go. She stated she does not see the County being a deliverer of services, but acting as a fiscal agent or lead agency. She stated if the Board takes the liability on behalf of the citizens of Brevard County, it should appoint a board free of any connection to providers of services, so it will be an independent board overseeing the delivery of services. Commissioner Voltz stated the service deliverers will have to come for funds so they cannot sit on the board. Chairman Higgs stated there has to be an alliance with the various groups who provide services, but the decisions will have to be made by an independent group appointed by the Board; and she can support a motion to indicate interest in forming the alliance and being a critical part in the way it goes forward, listen to input at the February meeting, and make determinations after talking to DCF.

Motion by Commissioner Voltz, to indicate the Board's interest in forming a community alliance to oversee community-based care.

Commissioner Voltz inquired if there will be an opportunity to put together what the alliance would look like with the issues the Board addressed; with a member of the audience responding affirmatively.

Commissioner Carlson stated she supports the County being the lead agency and fiscal agent; and she agrees that the alliance needs to be an independent body.

Chairman Higgs stated the Board needs clarification of what programs are under the child protection umbrella and what kind of funding the State is talking about sending down with this opportunity.

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

Chairman Higgs stated the Board has expressed unanimous interest in moving forward, and has certain ideas of how the alliance would work.

Commissioner Carlson inquired when the Board will get the report back. Chairman Higgs inquired after the February 2, 2000 meeting, will the report come back to the Board a couple of weeks later; with Mr. Lusk responding affirmatively.

Chairman Higgs inquired if the Board wants staff to attend the February 2, 2000 meeting; with Commissioner Voltz responding she will attend for a half-day. Chairman Higgs stated several of the Commissioners may want to be there, but will not indicate a position. County Manager Tom Jenkins stated Mr. Lusk will attend.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62 ESTABLISHING PERFORMANCE STANDARDS AFFECTING INDUSTRIAL USES

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62 establishing performance standards affecting industrial uses.

Stan Bernstein, President of the Suntree Master Homeowners Association, advised the group is unanimous in recommending an overlay district to test the concept of industrial uses within commercial zones, and to further the test, to require public hearings for any industrial use seeking to locate within the test overlay district. He stated while they would prefer the preclusion of industrial uses within business zones, the overlay district proposal is an acceptable test; and urged its approval as an amendment to the proposed industrial performance ordinance.

Nancy O'Hare thanked the Board for including Baytree in the discussions concerning the modifications of the performance standard ordinance; and stated the Baytree residents' concerns are indicative of the concerns of all residents of the County. She stated the representatives from Baytree are in agreement with the proposed changes to the ordinance as set forth in the meetings that were held on December 6, 1999 and January 3, 2000. She stated the residents' foremost concern was that a public hearing be held for the overlay district and a hearing to be held to consider the type of industrial use intended for each site; and it still remains a concern as to the effect of industrial use of property in close proximity to residences. She stated valuation for tax purposes is different from the market value; and given a choice many would not purchase in close proximity to industrial properties; therefore, the value of affected properties is diminished by their location; and requested this be considered when evaluating proposed industrial use. She stated Code Enforcement is currently reactive; however, due to the sensitivity of this issue it is felt that as a minimum, during the test period using an overlay, enforcement should be proactive. She stated this procedure could be reevaluated after the test period.

Kim Zarillo stated she concurs with some of the items, including public hearing process, the types of industrial uses, and identifying chemical manufacturing as a heavy industry. She stated she had some outstanding issues but after talking to Mr. Scott, her understanding is that the Code applies to riverfront including the Lagoon even though it is not in the definition; and if that is so, her concerns about adding the Lagoon to setback language on pages 11, 22 and 35 are resolved. She stated other items were corrected; and the only thing outstanding is for reclaimed water practices used in all processes be considered to the greatest extent practicable. She requested the Board move forward with performance zoning.

Charles Moehle, President of Modern, Inc. which owns directly or represents a large amount of property in the County, including 100 acres which is zoned for commercial/industrial use, stated there was a lot of discussion about this being an experiment; but it was difficult to figure out from the language what the test is and when it is over. He stated he questioned this and Planning and Zoning Director Mel Scott advised it is not really a test, but is a change. He requested the Board make it clear that this change is only reversible by doing a complete change again; and recommended the Board go with caution and make sure the details of the change are well thought out. He stated some of the things that are still questionable are sufficiency of criteria, and whether it will be judged by staff or by public hearing; another concern is whether this should be proactive or reactive as far as Code Enforcement is concerned; it would be a great expense to change the policy for a minor constituency; and it would be a good idea to find uses for commercial centers that are becoming a blight, but the County needs to be careful about how it is done. He stated the overlay areas are a good idea, but there is a lack of specificity; and Modern Inc. does not have any objection to the concept, but the document is not ready yet. He stated this is an opportunity for owners of properties that are a burden to them to take action to turn that around; however, the cost should be to the property owners, not an increased burden for enforcement by the County.

Commissioner O'Brien inquired if Mr. Moehle agrees with performance based zoning or is the County better off with its current method of zoning. Mr. Moehle stated if the Board wants to proceed with it, it is not necessarily a bad way to start on it, but the details are not ready to go forward. He stated he does not like performance based zoning, but with an open mind, it could work. Commissioner O'Brien inquired if Mr. Moehle has any solutions to offer the Board; with Mr. Moehle responding the committee had no technical expertise to come up with more criteria except for one individual; and there is some insufficiency and subjectivity. Commissioner O'Brien inquired about the Board leaving the present zoning in place and using the performance based concept to allow special exceptions; with Mr. Moehle responding that would follow what can be done now, but it may be more clear. Mr. Moehle stated the continual problem that one has with performance based zoning is not what moves onto the properties that have the problem now but future properties. He stated this will not be an occurrence that will be limited to today's situation and it will be ongoing because there will continue to be buildings and properties that suffer from vacation for better market opportunities; and that is why it is important to do this cautiously and precisely without adding another bureaucratic and code enforcement problem for the County. He stated it is an opportunity for property owners to get relief, and that it how it should be kept. Commissioner O'Brien stated he is hearing the same thing from Mr. Moehle as from the Suntree Masters; in order for the County to use performance based zoning, it will be necessary to have a lot more proactive code enforcement, which is a concern. Mr. Moehle stated he has been in the County since before there was zoning; proactive enforcement has been tried various times by the County and it has failed; and the current process is acceptable, works, and has an acceptable cost basis. Commissioner O'Brien stated if the present zoning works and a special exception theory is used, that may satisfy what Mr. Moehle is talking about. Mr. Moehle stated although they own and represent a large amount of industrial and commercial property; they are primarily concerned with protecting the property around it; and the best way is to make sure they cannot be abused.

Dolores Kane inquired if the performance based zoning is just for an exception in commercial; with Chairman Higgs responding no. Ms. Kane inquired if the changed industrial replaces the industrial zoning as it is today so that all of it will be performance based zoning; with Commissioner O'Brien responding yes. Ms. Kane stated that is a problem of jumping in with the law of unintended consequences; and proposed a special use permit to try it for a couple of years to see how it works, and find out what problems there will be. She expressed concern that this is so complex that it may interfere with the work of the EDC; and stated she wants her children to be able to find good jobs in the County. She stated there are good ideas in the performance based zoning, but it should be a special use to see how it works out before it is changed completely.

Commissioner Scarborough inquired if the overlay was developed, would it have to come back for further discussion; with Planning and Zoning Director Mel Scott responding that is correct. Commissioner Scarborough stated the Suntree and Baytree residents had a concern about going to a special use permit as opposed to the overlay, and compared the two. Commissioner Scarborough stated what he hears is that it is totally experimental; as the overlay proceeds there may be other parameters; and the Board would come back to fine-tune it. He stated he has seen the movement of shopping centers in the City of Titusville to industrial as one of the nicest things that has happened to the community; and rather than having an abandoned shopping center, there is a nicely maintained building which looks tremendously better. He stated the EDC could have more properties to show and more places to locate people at more reasonable rent. He stated it can work; but he understands the concerns of Baytree and Suntree. He stated Mr. Scott will come back to the Board on what to integrate into an overlay concept; it has been an amazing process; and people who had concerns like the idea.

Commissioner Voltz stated she has a real concern about property values; if there is performance based zoning, no one is going to know what could move behind them. She stated right now there are some people who live behind commercial property that has not been developed yet, but they know that someday that is going to be commercial; if someone has a shopping center behind them, they know that it will probably always be a shopping center, but that will not be the fact anymore because things are going to change. She stated she was glad to see the public hearing process issue brought back; the reason the issue came up was the lack of a public hearing process for the Oleander Power Project; if there had been a CUP process, it would have allowed for the public hearing process to always be in the forefront; and originally the Board hoped to have performance standards to do away with the public hearing process, but now they are back to where they were when they started the process. She stated the CUP or special exception allows for the public hearing process; and every one of the issues could be addressed at a public hearing. She stated issues can be brought to the Board without changing the entire Zoning Code; and commented on the possible effect on property values. She stated Mr. Scott has said this is a test project; and a good way to test is to allow a company which wants to move to a closed store to come before the Board, staff let the Board know exactly what the company wants to do, what the criteria are, and what the surrounding neighborhood is like; and the Board can address all of those things. She stated the problem is staff has not been permitted to bring those things to the Board; and if there is leeway to bring them to the Board, that would work much better for the community. She suggested a six- month to one-year pilot project to provide the needed information. She stated the Property Appraiser was supposed to provide information, but she never got anything on that; so she will not support the ordinance today.

Commissioner O'Brien stated he has spoken to a lot of people in the business community and everyone is in agreement that the present zoning system works fine; it is not perfect, but nothing fits 100% of problems that pop up; and Oleander was an unexpected problem. He stated this has gone full circle; the public process was there; the Board decided to go to performance based zoning and let staff handle it; and now it is back for public hearing; so the Board has not accomplished what it set out to accomplish. He stated what is in place works; people know how the system works; if someone buys property and it is zoned industrial next door, the individual knows the person next door is allowed to do certain specific things on that property; and it allows a person to have an expectation of what is going to happen. He stated under performance based zoning, it is not possible to have that expectation because there could be a commercial property next to commercial property and one of the commercial properties could be used for industrial. He stated the way to accommodate it would be by special exception using performance based zoning; if manufacturing was going into a closed food store, it would work there if it was not going to pollute, etc.; and a special exception could be given in that case. He stated he cannot support performance based zoning; the present system works fine; people are used to it; and the business people and Chamber of Commerce do not support the change. He stated he owns commercial property and would not want this change to affect his property in the future; and he thinks the Board is making a terrible mistake. He stated it was a good idea when it came to the Board, but since then it has become degraded to the point that the change is not needed; and the Board needs to tweak the present Zoning Code. He stated he does not want to spend any more time, effort, or money on this; and the Board should look at special exception rules.

Commissioner Carlson stated the intent of performance based zoning was to do away with the public hearing process in hopes that there would be high enough standards that no one would have to worry about the public hearing aspect of it; and she does not have a lack of confidence that the Board could not put the standards high enough that worry would go away, but the public does not have that confidence in the Board. She inquired if besides Section 62-2272, which is industrial coming into commercial and all the requirements, could the other performance standards be put into the existing ordinances. She inquired if Section 62-2272 could be tested with the overlay scenario, and was there consensus to incorporate the remainder into the existing Code; with Planning and Zoning Director Mel Scott responding affirmatively. Mr. Scott stated the group's concerns focused on the aspect of the ordinance which would allow industrial uses to go into commercially zoned properties; they did not focus on the effects of the modifications to the performance standards in general to the Zoning Code; and that would be something the citizens would be amenable to.

Motion by Commissioner Carlson, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida amending Chapter 62 of the Code of Ordinances of Brevard County, Florida to substantially change the Land Development Regulations for industrial, commercial and business uses, by adopting performance standards that will be used to determine the location and availability of industrial uses in various commercial and industrial zoning classifications; deleting existing performance standards, adopting new performance standards applicable to industrial uses; amending, adding and deleting permitted uses, conditional uses and uses permitted with conditions in industrial and commercial zoning classifications (with the exception of BU-1-A classification); amending buffering requirements between residential, commercial and industrial uses; establishing procedures for allowing the mitigation and conforming of non-conforming industrial uses; providing for severability; providing for conflicting provisions; providing for the area affected; providing an effective date, amended to delete provisions involving Section 62-2272 and to put chemical and paper manufacturing into heavy industrial classification.

Chairman Higgs stated the motion is to adopt the ordinance minus Section 62-2272. Commissioner Carlson stated it is also to include some of the issues the partnership raised regarding definitions of chemical manufacturing, paper manufacturing, and put those in heavy industry versus light industry. Commissioner Voltz inquired if those should be incorporated into the existing ordinance. Chairman Higgs stated Commissioner Carlson is saying adopt the proposed ordinance as written with those two changes. Commissioner Carlson stated that will improve on what the County has currently in place. Mr. Scott stated there are currently a number of performance standards in the Zoning Code, including smoke, vibration, light, etc.; and those performance standards have been improved upon through the proposed ordinance. He stated what Commissioner Carlson is saying is to adopt the improved performance standards and remove the provision to allow industrial uses in commercially zoned properties. Commissioner Voltz stated it could come before the Board. Commissioner Carlson stated there will be a second motion. Mr. Scott stated he would like to add Section 1540 that would remove the table until it is finalized.

Commissioner Carlson amended the ordinance consistent with removal of Section 62-2272 and to include the Partnership's suggestions regarding heavy industry, reclaimed water, etc. She inquired if there is a problem with including those suggestions; with Mr. Scott responding there is no fundamental problem with the wording the Partnership put there; and they want a provision included that would encourage reuse water where practicable.

Commissioner Voltz inquired in Section 62-1102, Subsection 2, does the Board want to leave the table in there; with Mr. Scott responding that will be removed. Mr. Scott stated he understands the spirit of the motion, and will go through it to make sure that all they have done is to make the changes that improve the existing performance standards and the Partnership's ideas.

Commissioner Scarborough seconded the motion, as amended.

Commissioner O'Brien inquired if the motion is making a change to the present zoning. Chairman Higgs stated that is not a fair characterization. Commissioner Scarborough stated it is probably better than the present Ordinance; with Commissioner Carlson agreeing. Commissioner Voltz stated this is being added to the present Ordinance, and it will not be the only ordinance. Commissioner Scarborough stated this is what the Board has looked at for six months, and the Board is familiar with it; and the idea of taking industrial and putting it into commercial will be a separate motion. Commissioner Carlson stated it will be incorporated. Commissioner O'Brien stated the motion is to use the thresholds to tweak the present Ordinance concerning industrial use of properties; with Mr. Scott agreeing. Commissioner Carlson stated if the Board accepted the whole package, it would have been addressed in all the various Ordinances.

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

Motion by Commissioner Carlson, to direct staff to look at some of the overlays and bring them back to the Board.

Commissioner Scarborough stated some people are saying overlays; others are saying conditional use permits; and the overlays would allow an opportunity to test the waters in the minds of the constituents. He recommended staff bring the issue back at a separate meeting to insure there is adequate discussion so it is done right, before directing staff to do something for a year. He stated the subject could be brought back in a couple of weeks to see if there can be consensus; and there are two options, what Commissioners O'Brien and Voltz have been talking about, and what the community has suggested.

Commissioner Carlson amended the motion to direct staff to look into all options and bring them back to the Board.

Commissioner Scarborough stated Mr. Scott could bring it back in a pro/con format; and the Board could discuss it. Commissioner O'Brien stated he agrees, but he would like staff to take a close look at the legality of having special exception instead of a conditional use permit; a conditional use permit is a direct change of zoning that goes with the property; and if AGR Corporation moved to Winn Dixie, but moved out three years later, he would prefer for the Winn Dixie to automatically revert to being commercial, rather than the conditional use permit staying with the building forever. Chairman Higgs stated as a part of the discussion, the Board wants that limitation. Commissioner Carlson stated the motion is to consider all possibilities. Commissioner O'Brien commented the conditional use permit could apply to the corporation rather than the property.

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

The meeting recessed at 12:31 p.m. and reconvened at 1:16 p.m.

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

PUBLIC HEARING, RE: AMENDMENT TO VESTED SITE DEVELOPMENT PLAN FOR AQUARINA PUD, STAGE 4, TRACT VII

Chairman Higgs called for the public hearing to consider an amendment to vested site development plan for Aquarina PUD, Stage 4, Tract VII.

Chairman Higgs stated they want the Board to determine that they are vested on the condominium, but would be reducing the trips 57% and the density 63% so it falls within the Ordinance, and to vest the location of those buildings; but she wants to be sure there will be deed restrictions against armoring or hardening of the shoreline. Mr. Bates, representing the Petrus Group as the owner of the property, advised that is what they intend to do which is stated in his letter in the package. He stated he is willing to include any wording requested by the Office of Natural Resources as far as deed restrictions, and it can be included on the plat also.

Commissioner Carlson inquired if the Board is comfortable with vesting a 25-foot setback from the Coastal Construction Line; and stated the maximum variance would be 14.5 feet because of 9 feet of erosion. Chairman Higgs stated they could build the condominium at the 25-foot setback; that is vested already; so the only issue is whether to go with the 11 units versus the 30 units.

Mr. Bates stated he requested a determination on the 25-foot setback from the 1981 Department of Environmental Protection setback line just so there will not be an issue; they are presumed to be vested to that; and he has a letter from the County to that effect, but wants to get a determination on that issue so there is no question of it coming up again. Chairman Higgs stated her understanding is the condominium, if built, would be vested at that point; and what Mr. Bates is asking for is to reduce from 30+ units to 11 units vested at that site.

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Amendment to Vested Site Development Plan for Aquarina PUD, Stage 4, Tract VII, as requested by the Petrus Group, L.P., to allow development of 11 single-family homes instead of 30-unit condominium and vesting to the Brevard County Coastal Construction Line, not subject to the County's 25-foot setback from the CCL, contingent upon deed restrictions specifying no armoring or hardening of the shoreline.

Mr. Bates stated they will go beyond that and put in language concerning protection of the dune vegetation.

Vice Chairman O'Brien inquired why should this be approved with the contingency; with Commissioner Higgs responding they are in the Archie Carr area; she wants the hardening of the shoreline issue dealt with now because they are vesting at a level beyond which the Board would probably approve; and she wants it to be clear that hardening of the shoreline is not an option. Vice Chairman O'Brien inquired why does Commissioner Higgs want them not to harden the shoreline; with Commissioner Higgs responding because of the impacts to the Archie Carr National Wildlife Refuge and the environmental issue. Vice Chairman O'Brien inquired what impacts would that have; with Commissioner Higgs responding if the shoreline is hardened there, it will impact all the other properties and the nesting sea turtles.

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

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

PUBLIC HEARING, RE: SUMMARY OF ALL CLAIMS IN SCOTT S. PORTER AND MICHELLE PORTER V. BREVARD COUNTY

Chairman Higgs called for the public hearing to consider a summary of all claims in Scott S. Porter and Michelle Porter v. Brevard County.

There being no comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize settlement of all claims with Scott S. and Michelle Porter for a total of $85,000 including attorneys' fees and costs. Motion carried and ordered unanimously.

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

DISCUSSION, RE: H.E.A.R.T. PROPOSED LEGISLATIVE CHANGES

Harold Koenig, founder of H.E.A.R.T., requested the Board override the objections to the four remaining legislative proposals; and expressed regret that the Sheriff has not joined the crusade. He stated they have defined the disaster and its solution, and are assured of the financial results the solution will achieve in addition to saving lives. He stated they are shocked that such a solution can be rejected, and at the Sheriff's assessment that H.E.A.R.T.'s proposal would cripple law enforcement in its ability to combat drug trafficking and local distribution. He stated the Sheriff reports his present efforts have impacted only a small percentage of the overall illicit drug trade within the community; and inquired since what the Sheriff is doing does not work, why should he not change. He stated H.E.A.R.T. challenges the Sheriff's assessment that it's proposals would seriously impact his ability to interdict drug trade within the County; and this underscores the fundamental difference between the Sheriff's approach and H.E.A.R.T.'s in that the Sheriff is trying to cut the supply of substances, while H.E.A.R.T. focuses on reducing the demand by taking away the core group of repeat customers. He stated efforts to cut supply have been a massive failure; the supply of heroin and cocaine from Colombia reportedly will double in the next year; and pouring more resources into failed interdiction undertakings is not in the public interest. He stated they applaud the Sheriff's observation that H.E.A.R.T.'s proposals need further defining; that is the next step; and they are ready to work with the legislators to do that; H.E.A.R.T. has been dealing conceptually to bring about a united cohesive team effort; and the group has never advocated decriminalizing drug trafficking and use within the community, as the Sheriff alleges. He stated on the contrary, the solution will make the growing decriminalization movement meaningless; and they reject the Commissioners' allegations that the proposals would remove vital tools from law enforcement and cause a correlated increase in crime. He stated H.E.A.R.T. proposals will not only save lives, but also by reducing drug demand, will reduce crime, solve major societal problems, restore families, reduce domestic violence and child abuse, improve quality of life, increase profitability of local businesses, and achieve massive cost savings such that taxes can be reduced. Mr. Koenig appealed to the Sheriff to join in saving the children and community from the continuing ravages of substance abuse and mental illness; and requested the Commissioners send this message by voting for each of H.E.A.R.T.'s proposals.

Jim Kelly, member of H.E.A.R.T., stated he supports all the proposals, especially proposals 4 and 5, prohibiting the use of informants in first and second time offenders, and prohibiting the confiscation of automobiles prior to adjudication. He advised of his daughter's situation where her car was confiscated and she was offered the opportunity to be an informant to get the car back; stated he refused to have his daughter act as an informant and face more drugs and the possibility of HIV or even death; and advised of his attempts to get his daughter's car returned. He noted his daughter has been clean for a year and next month will be off probation with a clean slate.

Richard Cottrell, member of H.E.A.R.T., stated he is also the father of two sons who were addicts, but who recovered years ago through treatment. He advised of his law enforcement background; and expressed support for the four remaining proposals before the Board. He stated the Presidents of Mexico and Colombia say the answer lies in reducing demand for drugs in the United States; and commented on proposal 8, rescind recommendation to abolish current discovery process for drug dependence in favor of more restrictive federal and State rules. He stated substance abuse or mentally-ill defendants should not be shortchanged for any reason; and advised of support from the State Attorney, Sheriff's State Association, and FDLE.

Charles Honsa, member of H.E.A.R.T., stated they have been shocked by the lack of help for parents with children on drugs; his daughter needs residential treatment, but has run afoul of the justice system as a first-time nonviolent offender; and he and his wife fully support H.E.A.R.T. to bring changes in the legal system and obtain government funding for treatment. He spoke in favor of proposal 10, to transfer 50% of the proceeds from drug related confiscations and jail telephone windfall to the Brevard County Treatment Trust Fund; and urged the Board to vote in favor of the H.E.A.R.T. proposals. He commented on the windfall telephone proceeds, financial benefits of treatment, and saving the children.

June Culver, member of H.E.A.R.T., advised of her attempts to educate the public concerning making first time offenders informants; and spoke in favor of proposal 4. She inquired what are the safeguards that would keep innocent property owners from losing their cars; and advised of the need for more education of the public. She commented on not being allowed to confront accusers.

Freda Schildroth, stated she supports any issue which will make the lives of the mentally ill better; and she has a problem with anything that appears to take away the rights of citizens. She commented on people who are arrested being innocent until proven guilty and right to face ones accuser. She advised of her mentally-ill son's incarceration for 46 days awaiting a mental health treatment center which never materialized and the cost of phone calls from the jail. She commented on the problem of mentally-ill individuals turning to alcohol or drugs; and stated treatment seems to be the solution.

Reverend David R. Barnhart, representing H.E.A.R.T., stated he is Pastor of Abiding Word Church, Executive Director of Abiding Word Ministries, and the grandfather of a recovering addict. He commented on car confiscation and cost of inmate phone calls; and urged the Board to vote for the remaining four H.E.A.R.T. legislative proposals. He advised he is appalled by what is happening to young people who get addicted to evil substances or who are mentally impaired; they are sick and urgently need treatment; and such treatment is not an excuse for their criminal behavior, but restores them to their right mind so they can reasonably deal with the consequences of their behavior as provided by law. He stated any law enforcement action which exploits them or worsens their condition or addiction must be rejected as contrary to public interest; he supports the appeal for unity; and the solution lies with reducing the demand for evil substances by taking away the repeat customers. He commented on the supply of drugs in the County; and stated pouring more resources into this failed undertaking is not wise.

Roberta Hodges, representing the Treatment Advocacy Center, stated people with mental illness and substance abuse need assisted living, and until someone helps them, it will be difficult; some laws need to be corrected; medical research has come a long way in the last ten years; and the laws need to keep up with the research. She advised of the need for public education about mental illness; stated Pat Bean is doing a good job with alternative ways; and money could be saved if the mentally ill were removed from the prisons. She advised of her experiences with her son.

Chief Sarver, representing Sheriff Williams, stated he wants to be sure the Board received the Sheriff's letter on each of the H.E.A.R.T. proposals; and he is present to respond to any questions regarding the letter. He stated a lot of the issues that are raised by Mr. Koenig and his organization are valid; but the solutions are somewhat shortsighted. He read aloud the letter from Sheriff Williams which is a follow-up to the letter of December 13, 1999 relating to the legislative initiatives of the H.E.A.R.T. organization, advising that items 4, 5, 8 and 10 are of concern to the Sheriff's Office and would have dramatic effects on the operation of law enforcement, crippling law enforcement in its ability to combat drug trafficking and local distribution, and going far to decriminalizing drug trafficking and use in the community. He stated the suggested legislative proposals would remove vital tools from law enforcement and cause a correlated increase in crime which could have serious effects on the community; and commented on the effects of the proposals 4, 5, 8 and 10, the Drug Court proposal, removal of tools from law enforcement, and diversion of telephone funds.

Commissioner Voltz stated Chief Sarver said Sheriff Williams supported the ideas, but the letter indicates he does not. Chief Sarver responded Sheriff Williams supports the concepts behind the ideas; education is the tool to combat drug problems and mental health issues; but the proposals remove tools or funding sources from law enforcement; and that is what the Sheriff objects to. Commissioner Voltz stated the objections are valid; and inquired if the Sheriff can come up with solutions to the particular problems. Chief Sarver stated key to those solutions is funding. Commissioner Voltz requested the Sheriff provide something on paper telling what he could do to effectuate change in these issues.

Commissioner Carlson stated the Sheriff's Department depends on drug activity because without that a large portion of the Sheriff's budget would go away, which is an interesting paradox. She stated H.E.A.R.T. wants to send the four proposals to the Legislature; and it will not be harmful to send them to the State to point out that some attention is needed. She stated what Commissioner Voltz requested was to get some positive feedback from the Sheriff rather than the negative things about taking away money and fighting the way that is not getting anywhere. She stated she is confused at the Sheriff's approach; she understands the concerns, but they all seem to be budgetary based; and if things are not working, the Sheriff should come forward with a legislative initiative. She stated it is confusing to use someone with an addiction problem as an informant; that is not the way to fix an addiction; and an addiction is fixed by taking them out of that group and giving them treatment. She stated she is worried about the dependency of the Sheriff on the money coming in from the things that are confiscated; and expressed concern that if there was no drug problem, there would not be a need for the Sheriff. She stated the proposals should be sent to the Legislature to see if something can be done. Commissioner Voltz stated if there was a letter from the Sheriff advising what could be done if there was sufficient money, the State might provide the money. Commissioner Carlson stated every county has certain budgetary requirements; and if the Sheriff would add some positive feedback to a proposal that would agree with some of H.E.A.R.T.'s initiatives, that would be a great step forward. Chief Sarver stated the Sheriff would be happy to provide a list of programs that would be beneficial and the cost.

Commissioner Scarborough stated he questions whether some things are legislative issues, such as the money from the jail phones; he heard two proposals from the group; one is to drop the differential and have no funds coming in from that source; and the other, which was the original proposal, is to take some of it and divert it for treatment programs. He stated he does not think the Legislature has to do that; the Board could take another $500,000 from the function and drop the charge; and that is totally within the Board's purview. He stated he has not received a briefing on the merits of the criminal rules issues; he does not know the significance of proposed changes; and he does not think a lightly informed Board is going to have much effect on the rules. County Attorney Scott Knox stated the Florida Supreme Court has jurisdiction to adopt all rules pertaining to court proceedings, from appellate courts down to circuit and county courts; occasionally the Legislature will get involved in trying to enact rules; and traditionally the Supreme Court, if it thinks the rules are good, will adopt them, but there have been occasions when the Supreme Court does not agree with the Legislature and declares the rules unconstitutional because the Legislature does not have jurisdiction. Commissioner Scarborough commented on review by attorneys; with Mr. Knox advising there are Rules Committees appointed by the Supreme Court.

Chairman Higgs stated the Sheriff has the responsibility to run the jail; and inquired would it be the Board's purview to tell the Sheriff how to operate the phone system; with Mr. Knox responding no, that falls within the jurisdiction of the Sheriff's Office in terms of operating the jail. Commissioner Scarborough stated the Board could assist with the solution; it could tell the Sheriff it found another $500,000, and inquired if those funds were diverted to the Sheriff, would he change the phone system, and he thinks the Sheriff would agree. Commissioner O'Brien stated that is taking the Sheriff's $500,000 and giving it back to him. Commissioner Scarborough stated if the Board dropped the charges entirely as proposed, there would be $500,000 less coming in to operate the jail; so the question would be how the jail could operate less $500,000; one of the ways would be for the Board to put another $500,000 into its budget; so why would this go to the Legislature. He stated a lot of legitimate things have been brought up, but the Board needs to consider what is being said and how to proceed; and inquired about confiscation of vehicles. He stated he assumes the Sheriff confiscates under the authority of law, and what is being proposed is that particular provision of the law be changed; with Chief Sarver advising that is his understanding. Commissioner Scarborough stated that would affect all the counties throughout the State; with Chief Sarver agreeing. Commissioner Scarborough stated the Board can put this forth as a proposal, but there will be comments from a great many law enforcement agencies because it will impact the entire State. Commissioner Scarborough inquired if use of informants is something that is authorized under Florida Statute; with Chief Sarver responding yes, it is controlled.

Commissioner Voltz stated she is requesting the Sheriff let the Board know under each item what jurisdiction allows the Sheriff to take the action, and if the Board provided the money, would certain things not have to be done. She stated she is looking for solutions to the problems; she does not want to take things to the Legislature that will make the County look foolish; and requested the Sheriff provide information. Commissioner Carlson requested the Sheriff include budget impacts.

Commissioner Scarborough stated the Board has moved forward with a whole list of other ideas; he hopes the Sheriff will look at the four items in a creative manner; and if there is something that would require more money, it is incumbent upon the Board to look at those things too. Chief Sarver advised they can be very creative. Commissioner Carlson stated there are grant dollars if preventative measures are taken; and that could be a creative option the Sheriff could address. Commissioner Voltz stated prevention is always the key.

Chairman Higgs inquired if any Commissioner wants to make a motion; with Commissioner Voltz responding she would like to wait for the Sheriff's answers and discuss this again. Commissioner Carlson inquired when it will come back; with Commissioner Voltz responding two weeks.

RESOLUTION OF SUPPORT, RE: IMPLEMENTATION OF CENTRAL AND SOUTH FLORIDA WATER MANAGEMENT PROJECT

Chairman Higgs stated there is an amendment in the resolution; and she discussed the Board's concern with the Chairman of the Martin County Commission who advised any language supporting the County's concern for the Lagoon as well as the restoration of the Everglades would be in their interest.

George Koraly, Friends of the St. Sebastian River and the Micco Homeowners Association, stated after the December, 1999 hearing on the resolution, he wrote to the Army Corps of Engineers in an attempt to obtain information regarding the decision on the issue; he requested Congressman Weldon's office to assist in obtaining a response; and a response was promised on Friday, but he did not receive it until three hours ago. He read aloud the response from the Army Corps of Engineers advising of the steps being taken to provide for the improvement of the river systems along the northern reaches of the Indian River Lagoon, including St. Sebastian River. Mr. Koraly stated as an airline pilot he had an overhead view of the project which began in 1948 to drain and reroute the natural water flow systems in the southern and central part of the State; but even in the 1950's it was obvious that some of the results were detrimental to the environment. He stated the environmental disaster of the St. Sebastian River was created during the process of digging the C-54 canal and prior to 1986 when a dam was opened regularly for wet weather discharge. Mr. Koraly stated the Army Corps of Engineers is considering the inclusion of the north portion of the Indian River Lagoon in the restudy program; it would be a plus but should not interfere with the project to restore the Lagoon and the St. Sebastian River; and the Friends of the St. Sebastian River are in favor of the resolution if it is certain that the caveats that have been added are effective. He suggested State and local governments continue with the steps to correct the environmental problems of the Lagoon and River; and stated the information he and Mr. Maltbie have compiled and presented proves that the ooze in the St. Sebastian River does continue to move into the Lagoon and the Intercoastal Waterway; and Dave Roach of F.I.N.D. concurs with the data. He stated F.I.N.D. would probably assist in funding the project to demuck the River; and if the State and local governments continue to take the initiative, it would be inconceivable that the federal government would not contribute its share of the funds to correct the problems.

Commissioner Voltz stated the last whereas statement says, "endorsement of the restudy and further authorization, appropriation, and implementation will not have an adverse impact on federal funding levels for the restoration of important Brevard County resources, such as the Indian River Lagoon"; and inquired how the Board knows it will not have an adverse impact. Commissioner O'Brien stated the Board is telling the Corps of Engineers it will not have an adverse impact. Drainage and Surface Water Director Ron Jones responded by inserting that language, the Board would be sending the message that its approval is conditional upon it not having an adverse impact. Commissioner Voltz stated that is not what the resolution says; the Board does not want it to have an adverse impact, but it does not know it will not. Mr. Koraly stated that is why he wanted something in writing; he talked to Steven Robinson, Colonel Miller's aide, concerning this; and he thought it was specific that the Corps of Engineers was saying that it will not have an impact. Commissioner Voltz stated she is speaking about the resolution language, not the letter. Chairman Higgs stated if the resolution says what the letter from the Corps of Engineers says, and that letter is true, then the whereas statement is true. Commissioner Voltz stated they may not get to the same desk at the same time; and while she understands what the Board is saying, the resolution does not say that. Mr. Jones stated as an alternate mechanism of achieving the goal, the Board could consider some other language such as, "it is the understanding of the Board of County Commissioners that there would not be an adverse impact associated with support of the item, based on the letter." Commissioner Scarborough stated Mr. Koraly has brought the Board a letter which talks about the northern reaches of the Indian River Lagoon; and if the Board is going to endorse anything, it should say it endorses the Lagoon, and if this does not hurt the Lagoon, it is okay to look at the project.

Discussion ensued on the resolution language.

Chairman Higgs directed staff to rewrite the resolution based on the letter to indicate support for the implementation of the Central and South Florida Water Management project unless the Everglades project has adverse impact on the County's project, and return to the Board next week.

PERSONAL APPEARANCE - JOHN L. CAREY, RE: MAINTENANCE OF SATELLITE BOULEVARD

John Carey stated he just found out that there is another issue of trying to stop building in West Canaveral Groves which will be heard at a later date; and he hopes the Board is well prepared to spend some long hours at that meeting. He stated Satellite Boulevard is not just a road within the development; it is a throughway from SR 520 to Pine Street; so the people traveling that road have a right to expect the road to be at some standard, but at times the road is unsafe to travel. He stated he has been required to meet standards of the County Codes; and commented on the County's responsibility to maintain standards. He stated there are now approximately 1,200 to 1,400 lots in West Canaveral Groves; for the last 40 years, the County had the benefit of those taxes without putting much back into the area; and inquired what the Commissioners would do if their taxes were taken but their neighborhoods received no benefit from those taxes. He stated his tax bill indicates the various places that his tax dollar goes; and some of those places he would never use, but he is aware that taxes are for the public good. He outlined safety hazards of Satellite Boulevard, including road bed being as much as 12 inches below ditch levels, no ditches in several places, flooding, loose sand, no police presence, and lack of solid road base. He stated he is not asking for a hard surface road, but is requesting the Board expend the funds to bring the road up to standard and make it safe for travel.

Commissioner Scarborough advised of Board discussion on the Canaveral Groves area; and stated the solutions are not easy to obtain. Chairman Higgs inquired if an ordinance change is coming to the Board; with County Manager Tom Jenkins responding a public hearing will be held on February 1, 2000. Chairman Higgs stated it will be an ongoing discussion on how to handle those problems.

PERSONAL APPEARANCE - LURLEEN WALL, RE: REFUND OF TEMPORARY SECURITY TRAILER PERMIT FEE

Lurleen Wall stated she would like recovery of the full amount of money she paid for renewal of conditional use permit for a security trailer on BU-2 property. She stated in early April, she started the process for a permanent residence security trailer, but due to a burden, she decided to start the process of renewing the temporary security trailer that had been in place for thirteen years. She stated she paid $398 for this; seven days later, she canceled it because her problem was solved, and she went forward with the permanent residence permit, for which she paid $1,411.49. She stated she paid for two permits, and does not feel that is right; and requested the $398 be returned. County Manager Tom Jenkins stated Ms. Wall had a temporary trailer; it was concluded that a permanent trailer might be a better option; but when they tried to proceed a couple of problems came up, so they went to the temporary; and subsequently the problems were solved, so they went back to the permanent permit. He stated Ms. Wall applied twice, but because of the language in the County Ordinance, it was only possible to refund half of one of the two permits; and staff has no problem with Ms. Wall coming to the Board to present her case.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize full refund of $398 temporary security trailer permit application fee to Lurleen Wall. Motion carried and ordered unanimously.

Ms. Wall stated she received a check for $199 which she did not cash; and it is an out-of-date check. Chairman Higgs recommended Ms. Wall speak with staff who will take care of the matter.

PERSONAL APPEARANCE - MORTIMER BARR, RE: AMEND ORDINANCE TO REQUIRE REMOVAL OF ENCROACHING BRAZILIAN PEPPER TREES

Mortimer Barr stated he and his wife purchased a home 12 years ago; and advised of the location and the proximity to a lot with Brazilian pepper trees. He described the Brazilian pepper trees; displayed a portion of a tree trunk; and advised of encroachment of the Brazilian pepper tree branches. He stated his house is approximately ten feet from the common boundary line; and advised of the size and ownership of the two parcels to the north. He stated in the summer of 1999, the tree branches started encroaching to the eaves of his house; he and his wife started to have certain breathing ailments; and in trying to trim the branches, he and his wife got the equivalent of poison ivy. He stated they called the owner of the property next door to request that he trim his trees to the boundary line; but the owner refused, claiming it was Mr. Barr's responsibility. He stated the Brazilian pepper line is classified as a noxious plant or aquatic noxious plant by the Department of Agriculture and Consumer Services, Department of Environmental Protection, and U.S. Department of Agriculture; and advised the two most invasive plants listed are the melaleuca which almost destroyed the Everglades and the Brazilian pepper tree. He stated 4 out of 5 people are subject to the infectious nature of the Brazilian pepper tree; and the Department of Agriculture and Consumer Affairs provided him with literature which advised that the species has no natural enemies in Florida, exudes a gas that prevents other plants from growing, and the berries are dangerous for birds.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to allow Mr. Barr five additional minutes. Motion carried and ordered unanimously.

Mr. Barr stated when his neighbor refused to trim his branches, he spoke to Code Enforcement Director Bobby Bowen and the Marine Council; and someone was sent to inspect the property. He stated Mr. Bowen contacted the neighbor to the north; the Pepper Busters were called who wanted a donation of $2,400 to clear the property; and he was willing to pay part to get rid of the problem, but his neighbor still refused because he wants the property as it is to maintain his privacy. He stated he looked up the laws on nuisances; and commented on the cost to the State to deal with the damage of Brazilian pepper trees and melaleuca trees. He stated he got estimates on what it would cost to trim the trees to the property line; the lowest estimate was $1,000; and it is silly to just trim the trees as they will grow right back. He stated he asked Mr. Bowen to take action against his neighbor, but Mr. Bowen said he could not because of a provision in the Code that anything that grows naturally cannot be considered a public nuisance. He commented on the problems with the noxious species; and requested the Board amend the Code to cover such a situation in a residential area to allow Code Enforcement to issue citations if the trees are not trimmed to the property lines and if they are not trimmed within three weeks, to bring in tree trimmers to take care of the problem and lien the property for the cost. He recommended the Commissioners talk to the tree trimmers about all the situations which occur with Brazilian pepper trees.

Commissioner Voltz stated this is a definite problem; and suggested Mr. Jenkins provide a report on where the Board can go on this. Commissioner Scarborough stated the key word is residential; when Brazilian pepper trees are in a residential area, they do take on a special nuisance factor; and requested Mr. Jenkins look to see where Code Enforcement can get involved. Chairman Higgs suggested the County Attorney also look at the issue as there may already be mechanisms in the Code which may be used. Commissioner Scarborough inquired if there is anything in the Florida Statutes; with County Attorney Scott Knox responding he does not know.

Chairman Higgs stated the Board will get a report from staff in 30 days; and Mr. Barr will be notified when it comes back.

RESOLUTION AMENDING RESOLUTION NO. 99-098, RE: JUVENILE JUSTICE COMPREHENSIVE STRATEGY PLANNING COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution adding United way and Health Department members and alternates to the Juvenile Justice Comprehensive Strategy Planning Committee. Motion carried and ordered unanimously.

REQUEST BY IRL SCENIC HIGHWAY CITIZEN ADVISORY GROUP, RE: EXECUTION OF ELIGIBILITY APPLICATION

Chairman Higgs stated she has been requested to sign a document on the eligibility; the Board adopted a Resolution supporting the Indian River Scenic Highway on July 27, 1999 which indicated support of the advocacy group; and she did not think she had the authority to sign the document.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Eligibility Application for the designation of the Indian River Lagoon Scenic Highway. Motion carried and ordered; Commissioner Voltz voted nay.

AGREEMENT WITH HOUSING AUTHORITY OF BREVARD COUNTY, RE: HUD DRUG ELIMINATION PROGRAM

Commissioner Voltz stated she pulled the item because it looks as though drug prevention and education is required in each program; but when she looks at the breakdown, she does not see anything in there for treatment or prevention. She stated since it is required in each program, it should stand out like a sore thumb; but she does not see that anywhere.

Parks and Recreation Director Charles Nelson stated the theme of the program is the same concept as "Just say no to drugs"; and it is hard to put into actual dollars and cents, because staff relays that message and provides recreational activities as an alternative to the boredom young people go through during summer. He described activities that are planned; and stated he does not know how it can be shown in dollars and cents. Commissioner Voltz stated it did not say the DARE program criteria is being used; and suggested at least something like be included. Mr. Nelson stated the bottom line is recreation is a better alternative than allowing children to roam the streets; and the drug testing that is referred to is for staff, and is not associated with the program itself. Commissioner Voltz stated she is just looking at the drug prevention education; it says it is required in each program, and yet nothing is included, even in the backup paperwork. Mr. Nelson stated staff can do a follow-up; the year has been started; the Contract was effective January 1st; it is a continuing program; and staff may have gotten less specific than it was in the beginning. He stated he will provide a report for the Board. Commissioner Voltz stated she just wants to know that there is some place in writing that says how the County is addressing this issue.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with the Housing Authority of Brevard County for a HUD Drug Elimination Program at Joe Lee Smith Park, West Cocoa Community Center, and Woody Simpson Park. Motion carried and ordered unanimously.

CERTIFICATE, RE: BAREFOOT BAY WATER AND SEWER DISTRICT

County Attorney Scott Knox stated he has a Certificate of Public Meetings and No Conflict of Interest in connection with the Barefoot Bay Water and Sewer District bond issue, which needs to be signed by everyone basically saying there were no shady meetings or conflicts of interest.

Chairman Higgs stated all the meetings are Sunshine meeting.

WARRANT LISTS Upon motion and vote, the meeting was adjourned at 3:04 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
( S E A L )