March 6, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 6, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Sue Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien, District 2.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Minutes of February 1, 2001 Zoning Meeting and February 6, 2001 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: WITHDRAWAL OF AGENDA ITEM

County Manager Tom Jenkins recommended Item III.A.21. be withdrawn from the Agenda.

The Board withdrew Item III.A.21., Agreement with AJT & Associates, establishing guaranteed maximum price for Cypress, Marigold, and Devoe Avenues improvement projects from the Agenda.

REPORT, RE: WATER ISSUES

Commissioner Scarborough advised he asked Bill Kerr, Chairman of the St. Johns River Water Management District Board, to give the Board a summary of discussions that took place at a meeting with Henry Dean, Executive Director of the St. Johns River Water Management District and Vivian Garfein District Director of the Department of Environmental Protection District Office in Orlando.

Bill Kerr advised the center part of the State is in a significant drought; Marion County is in the 200-year drought; Brevard County is approaching the 100-year drought; and from Brevard County to Gainesville, there are significant water shortages. He stated drought and floods are normal occurrences in the State of Florida; that is in the ecology of the State; and right now the State is in a drought period, but three to four months fromnow it will be in the rainy season, and there may be floods. He stated Commissioner Scarborough was concerned about certain drainage canals that continue to allow fresh water to drain into the St. Johns River and Indian River Lagoon; and he was interested in any opportunities to preserve some of the ground water during the drought period so the surficial aquifer would get more water. Mr. Kerr advised there is an opportunity to block up some of the ditches by putting in weirs, etc., where there is enough elevation difference between the top of the weir and the St. Johns River or Indian River Lagoon, to hold back some of the water and encourage it to recharge the ground water instead of leaking all the time to the lower water bodies. He stated Turkey Creek, Crane Creek, and areas that drain the south end of the County have an average fall of eight inches to the mile; there is less of an opportunity to hold or block water in those canals because of the risk of flooding; but if the County has structures that are operated one way in the drought season and another way in the flooding season, there is an opportunity to maintain as much ground water as possible. He noted it is a matter of management; Ron Jones, John Denninghoff, and Mr. Jenkins were at the meeting; they have some models they can use; and the District has several models of the creeks that drain to the St. Johns River and Indian River Lagoon that it is willing to share with the County to see what kind of opportunities there are to increase ground water recharge.

Commissioner Scarborough advised the opportunity to hold water upstream was discussed; Jim Egan with Marine Resources Council was there also, and talked about encouraging families to direct water to sandy areas where it would percolate; but the event becomes more difficult to control closer to the lagoon. He noted Ron Jones is going to look at the economics and how the County can maintain more ground water; and Mr. Dean met with the Governor the day before, and said a lot of the same issues were discussed.

Mr. Kerr advised one of the issues was to select an older subdivision they could use as an action demonstration project to redirect downspouts and do some front yard right-of-way water treatment; and the District agreed to find a subdivision and work with the County and Department of Environmental Protection to see what they can do. Commissioner Scarborough stated hopefully they can deal with the issues of too much water and too little water intelligently so as not to have flooding during the flood season; and thanked Mr. Kerr for the presentation.

Commissioner O'Brien requested Mr. Kerr explain the 100-year flood or drought in layman's terms for the audience; with Mr. Kerr responding the 100-year drought or flood is an event that would statistically happen once in 100 years, or which has a 10% chance of happening on an annual basis. He stated Brevard County has compensating storage in the ten-year flood plain; it allows people to build in that flood plain, but in order not to increase the flood stage, they have to dig the fill from the same place in the ten-year flood plain so the mounds they put on the ground are equal to the hole they dig, and the storage of water is the same. Commissioner O'Brien inquired if it was last year when the District asked all the counties to submit a plan or evaluation from their water supply boards; with Mr. Kerr responding the State Legislature charged all five water management districts to develop a long-range water supply plan; water utilities take water out of the ground and supply it to individuals; however, water management districts do not have anything to do with that other than permitting the withdrawal of water; but the Legislature asked them to look on a 19-county area basis to determine what sources of water there were--ground water, surface water, ocean water, etc., and to find a model of what water would or would not be available for that area with the projected population. He stated the District is charged with developing more water supplies, finding ways to have above-ground reservoirs, doing aquifer storage and recharge, taking surface water and pumping it into the ground, holding it, and withdrawing it when needed, and to investigate different ways, such as reverse osmosis, etc. to find more supplies of water for the future and to the year 2020. Commissioner O'Brien advised Brevard County has a Water Resources Board, which he chaired for two years; they put together all the studies done in the past 20 to 30 years and reviewed them as a massive document; Water Resources Director Dick Martens worked with him on the Water Board; and their findings were very good. He stated as they finished their work, the findings indicated Brevard County has a good water supply for the next 45 to 50 years.

Water Resources Director Dick Martens advised being a coastal community that has experienced significant growth, Brevard County learned years ago that there were water shortages and coastal communities had limited resources, so the water suppliers in Brevard County have gone to alternative water sources and diversified the locations and sources used for the public water supply. He stated the finding of the 2020 analysis was that most Brevard County communities identified adequate water supplies for the 20-year planning horizon; and the efforts of the St. Johns River Water Management District also identified additional significant water sources that could be used and developed by local water supply utilities in the future.

Commissioner O'Brien stated he does not want to give the impression that Brevard County is running out of water; the County does not want to waste its precious natural resource, but what he heard was an alarm; however, the studies that have been done show Brevard County is not facing a shortage of water for its population. He noted if people keep watering lawns, it may speed up the process towards running out of water; and a huge drought period would dramatically affect the immediate supply.

Mr. Kerr stated North Brevard is under water restrictions and can only water on specific days before 10:00 a.m. and after 4:00 p.m. because most of the water evaporates between those times; the entire 19-county area is under water restrictions; and the District demanded people limit lawn irrigation because 60% of the per capita water use in most regions is for outdoor irrigation. He stated if they can effect 10% reduction, it would be significant and not directly affect people or animals needing to drink water or crops needing water. He stated historically most people over water their lawns; a lot of people have automatic irrigation systems and many do not think about it; but this time of year, people should only water lawns once a week. He stated in the summer people need to watch their grass and not water until it starts to wilt; that should be about twice a week; and if they can cut down on outdoor irrigation without sacrificing the quality of their landscapes, it would be saving a tremendous amount of water for the future. Mr. Kerr advised they also discussed an education process with irrigation contractors so when they install irrigation systems, they can set the automatic timer at the right settings, and with homeowners, so they can help to conserve as much water as possible. He stated there are a lot of ways to save water; historically the water supply systems have not been built to do that; so people have to change their culture, which is not easy to do. He noted they need to think about the things they do and consciously make the decision to save water.

Commissioner Scarborough stated they discussed a lot of things at the meeting; Jim Egan has talked to the Board about the impact to the lagoon from the roads, fertilizers, etc.; and they discussed desalinization of water from the Atlantic Ocean. He stated a lake in Lake County has dropped 40 feet, but a 45-hole golf course was approved, which would consume millions of gallons of water; Brevard County has a different issue beyond drinking water and what it does to the lagoon; and it may be over consuming water and getting rid of it too rapidly. He stated one of the reasons fires are getting worse, according to the Division of Forestry, is because the water table is going down and the plant material is dryer than it has historically been.

Mr. Kerr stated there are water issues being discussed all over the State; agencies and governments are not perfect and do the best they know how to do; and the District has a consumptive use permitting process, which requires a three-pronged test. He stated the project has to be reasonable and beneficial, cannot impact the neighbor, and has to be in the public interest; they use that test to assess every application for water use whether it is withdrawing from surface water or ground water; and that test is to protect the water resource. He stated the drought and water use issues are two separate subjects; the drought has made everybody's water supply less; but when it rains again, the water levels will come back. Mr. Kerr advised the lakes drying up in Florida is not a bad thing; they are made to do that; it allows the muck to dry up and oxidize; and when the lake water comes back, it will allow new vegetation to grow and eventually make the lakes cleaner. He stated the lakes in Lake County are significantly down which is a problem; but eventually they will come back when it rains. He stated one of the most severe problems with the Harris Chain of Lakes, which includes Lake Apopka and Lake Griffith, is that years ago the Army Corps of Engineers changed the hydrology and held up the water with dams; it has not allowed those lakes to fluctuate; and now they are some of the most severely damaged and polluted lakes in the State. He stated he does not want to leave the impression that things should not fluctuate with flooding and drought; that should happen; but if there are drainage systems discharging water into the Indian River Lagoon that can be held without risk of flooding, that would be a logical thing to try and accomplish.

Commissioner Higgs thanked Mr. Kerr for his service on the Water Management District Board, the numerous volunteer hours he puts in, and his dedication to water issues. She stated Brevard County is fortunate to have a citizen of Brevard County chair the District Board. Mr. Kerr noted it is completely without compensation except for the 32 cents a mile for travel.

REPORT, RE: FIRE SITUATION

Commissioner O'Brien advised he asked Public Safety Director Jack Parker and Fire Chief Bill Farmer to make a report to the Board on the fire situation, because he saw red on the map on television for all of Brevard County.

Chief Bill Farmer advised that is correct; Brevard County is in drought conditions right now, but has been very lucky as far as its fire call volume. He stated there were many small brush fires of 10 to 15 acres; they average about two or three a day; and they had four significant events so far this season. He stated one event was at Windover where they had fires on about 35 acres and some homes were threatened; another event, which was on U.S. 192, was about 85 acres; the other one was on C-54, which was the largest fire to date on 2,500 acres and resulted in a muck fire that smoked out the south and central parts of Brevard County; and last week they had 21 brush fires in one day. He stated those fires were suspicious; an investigative team was put together with the State; and over the weekend they had a development of two primary suspects for those fires. Chief Farmer advised the Keachman Bynum Drought Index (KBDI) measures the moisture that is available in the first 16 to 32 inches of soil; zero is swamp-like and 800 is desert-like; and Brevard County is at an average of 654, but has places that are at 270 and other places at 743 primarily in the central and southern portions of the County. He stated Brevard County needs rain but not storms; it needs one or two inches of steady rain a couple of days each week for four or five weeks; the fronts that come through are not helping and in fact are increasing the fire danger; and the reason for that is the cold fronts are followed by very dry weather and hard winds that cause a red flag warning day. He stated today the humidity is below 35; if there is a fire today, the chances of it exploding and moving at the speeds seen in 1998 is great; so the rain storms that are coming through are actually making the fire conditions worse and not better. He stated Melbourne Weather Bureau is reluctant to forecast any kind of rain for Brevard County; they are looking towards California where a front is coming in on Friday; but they believe it will drop minimal amounts of rain and be dry behind the rain. He stated they are also predicting that the storm may have lightning; and they call that transition fires. Chief Farmer advised Brevard County is in a drought season, which is a normal condition for Florida; it has to have it for the ecology to be good; but there is a transition period where they go from dry to wet and generally that means thunderstorms and lightning. He stated a lot of the initial storms are fairly dry; they drop one or two inches of rain and tons of lightning; and that is what causes the transition fires and brush fires in remote areas. He stated the fire season usually lasts from March to June, but during April, May and June they become more active; and they are getting into the peak season as thunderstorms move through. He advised there is a Statewide ban on open burning that is effective for Brevard County as well; there should not be any open burning; and people need to be aware of other ignition factors such as car exhaust and cigarettes. He stated the ignition temperature for grass and wood is between 400 and 600 degrees; a cigarette is 1,500 degrees; that is twice as much heat as is necessary to start a fire; and with the winds they have today, a little grass fire could be a big brush fire in no time; so he was surprised to see a person flick a cigarette out of a car window on I-95 on his way to the meeting. Chief Farmer advised they have taken extra steps, especially in the south end of the County, and put on extra staffing in Valkaria, Grant, and West Melbourne; it was very beneficial last week when they had the 21 fires going at the same time; along with that, the municipal fire chiefs and he got together with their staffs and formed the strike teams and task force that have come to be recognized over the last two years; and they are in place. He noted through the Mutual Aid Agreements, they can have a lot of resources on scene in a short period of time.

Commissioner O'Brien stated some people who live in rural areas have burned their garbage in their back yards; and inquired if that is forbidden; with Chief Farmer responding yes, no open burning is allowed in Brevard County or anywhere in the State. Commissioner O'Brien inquired if that includes barbecue grills; with Chief Farmer responding no.

REPORT, RE: TOWN MEETING

Commissioner Colon advised she will be holding a town meeting on Saturday at the Senior Center on Culver Street in Palm Bay. She noted she had a town meeting for the beaches in January, another for Melbourne in February, and this month the meeting will be in her hometown of Palm Bay.

REPORT, RE: SPACE COAST AREA TRANSIT RECOGNITION

Chairman Carlson advised Space Coast Area Transit topped the State for courtesy; and congratulated Jim Liesenfelt, Transit Services Director, for the newspaper write-up. She read the article as follows: "Space Coast Area Transit bus drivers were rate #1 in the State of Florida in terms of driver courtesy in a study of bus passenger surveys released by the Florida Department of Transportation. The study of bus drivers was compiled by the Center for Urban Transportation and Research for FDOT, and compared the 1999 survey results from nine systems." She stated Brevard County was compared to Manatee County, Jacksonville, Key West, Palm Beach County, Sarasota County, Volusia County, Gainesville, and Tallahassee; and congratulated SCAT for a job well done and having not only safe drivers, but the most courteous drivers as well.

REPORT, RE: LETTER SUPPORTING PALM BEACH COUNTY'S SHARED TITLE
PROPOSAL, AND RESOLUTION SUPPORTING FLORIDA FOREVER PROGRAM

Chairman Carlson advised each Commissioner should have received a copy of a resolution supporting Palm Beach County's shared title proposal; on March 9, 2001, Ann Birch is going to Palm Beach County to attend a meeting; and requested Ms. Birch give a synopsis of it to the Board.

EEL Coordinator Ann Birch advised there are two items; one is a letter in support of shared title for conservation lands that goes to the Acquisition and Restoration Council of Florida (ARC), which is meeting on March 9, 2001; it is the first time a local government has been able to bring forward a contract for shared title with the State; and the letter will support Palm Beach County's request for shared title on what is called the Paul Marr CARL Project. She stated Palm Beach County requested that counties that are in support of joint title provide a letter of support; and she will be attending the March 9th meeting, and will take the letter to the Acquisition and Restoration Council if the Board approves it.

Ms. Birch advised the second item is a resolution supporting the Florida Forever Program, which is the successor program to Preservation 2000. She stated this is the first year it will be funded; and the resolution requests funding for the program as well as for Brevard County's three CARL projects, which are the conservation and recreation lands projects that have been approved by the State under Preservation 2000 but are now under a new program called Florida Forever. She stated there is a new rule being made under the legislation; the Acquisition and Restoration Council is meeting on March 9 and 14, 2001 to discuss how to move the existing CARL projects into the new Florida Forever Program; it is still in a state of flux; and staff does not know how ARC will decide the ranking, but they will decide that on March 9, 2001. Ms. Birch advised the legislation is called Florida Forever; the CARL Program will now be called the Florida Forever Program; they are changing the way they rank projects and the way they look at projects; so the resolution is to tell the State the County is in support of the existing CARL projects and would like the State to look at the projects for funding through Florida Forever.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution advising the State that the Board is in support of the existing CARL projects, and requesting the State look at the projects for funding through the Florida Forever Program. Motion carried and ordered unanimously. (See page for Resolution No. 01-047.)

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve a letter to the Acquisition and Restoration Council of Florida, supporting Palm Beach County's request for shared title. Motion carried and ordered unanimously.

REPORT, RE: EXPRESSION OF APPRECIATION

Commissioner O'Brien expressed appreciation to Public Safety Director Jack Parker, Fire Chief Bill Farmer, and Water Resources Director Dick Martens for their presentations on the fire situation and water issues.

RESOLUTION, RE: COMMENDING ASTRONAUT HIGH SCHOOL FOOTBALL TEAM

Commissioner Scarborough read aloud a resolution commending the Astronaut High School War Eagles Football Team for achieving the status of City Champions, District 4 Champions, Region 2 Champions, North Florida Champions, and Florida's Class 3A State Runner-up.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution commending the Astronaut High School War Eagles Football Team for their remarkable talent, and congratulating the team members and coaches on their outstanding season. Motion carried and ordered unanimously. (See page for Resolution No. 01-048.)

Commissioner Scarborough presented the Resolution to a representative of the team, who expressed appreciation for the recognition and support of the Board, and introduced Captains Ronnie Edwards and Peter Sands.

RESOLUTION, RE: RECOGNIZING 50TH ANNIVERSARY OF ROLLINS COLLEGE

Commissioner Colon read aloud a resolution recognizing Rollins College Brevard on its 50th Anniversary of serving Brevard County and its 116th year as a private college, and extending best wishes for continued success.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution supporting the achievements of Rollins College Brevard in building leaders and its successful half-century of service to Brevard County citizens. Motion carried and ordered unanimously. (See page for Resolution No. 01-049.)

Commissioner Colon presented the Resolution to Sharon Carrier, Dean of Rollins College Brevard, who thanked the Board on behalf of the students, alumni, faculty, and staff; and noted it is a privilege to educate the people of Brevard County.

RESOLUTION, RE: SUPPORTING SCHOOL NURSES IN ALL FLORIDA PUBLIC SCHOOLS

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution requesting the Florida State Legislature and Governor Jeb Bush provide new and sufficient funding to Florida's 67 public school districts for school nurses in every school. Motion carried and ordered unanimously. (See page for Resolution No. 01-050.)

FINAL PLAT APPROVAL, RE: MAGNOLIA SPRINGS, PHASE THREE

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

PRELIMINARY PLAT APPROVAL, RE: OSPREY VILLAS EAST, TRACT N, AQUARINA

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant preliminary plat approval for Osprey Villas East, Tract N, Aquarina, subject to compliance with recommendations of the review agencies and all applicable Policies, Ordinances, laws and regulations, and developer responsible for obtaining required jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: VERONICA ESTATES, PHASE 1

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final engineering approval for Veronica Estates, Phase 1, subject to minor engineering changes as applicable, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: DEER LAKES SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final engineering approval for Deer Lakes Subdivision, subject to minor engineering changes as applicable, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR SUNSET LAKES, PHASE VII

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, adopt Resolution releasing Contract dated September 26, 2000 with Deerfield Groves Partnership, for improvements in Sunset Lakes, Phase VII. Motion carried and ordered unanimously. (See page for Resolution No. 01-051.)

UNPAVED ROAD AGREEMENT WITH TOM CATRON, RE: FORTUNA AVENUE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Unpaved Road Agreement with Tom Catron for a building permit off an existing right-of-way known as Fortuna Avenue, which has been constructed to the standards of Section 62-102 of the Brevard County Code. Motion carried and ordered unanimously. (See page
for Agreement.)

CONTRACT WITH DEERFIELD GROVE PARTNERSHIP, RE: SUNSET LAKES, PHASE VIII

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with Deerfield Grove Partnership, guaranteeing infrastructure improvements in Sunset Lakes, Phase VIII. Motion carried and ordered unanimously. (See page for Contract.)

CONTRACT WITH BRIAN SCULTHORP, RE: INDIAN LANDING, PHASE 1

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with Brian Sculthorp, guaranteeing infrastructure improvements in Indian Landing Subdivision, Phase 1. Motion carried and ordered unanimously. (See page
for Contract.)

CONTRACT WITH THE VIERA COMPANY, RE: SOMERVILLE, PHASE 1, TRACT E1

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with The Viera Company, guaranteeing infrastructure improvements in Somerville Subdivision, Phase 1, Tract E1. Motion carried and ordered unanimously. (See page
for Contract.)

ESCROW AGREEMENT WITH CHARLES JULIAN AND ARISTA REALTY, AND
INVESTMENT CORPORATION, RE: INTERSTATE COMMERCE PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Escrow Agreement with Charles Julian and Arista Realty, and Investment Corporation, guaranteeing improvements in Interstate Commerce Park. Motion carried and ordered unanimously. (See page for Agreement.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
CHAPTER 22 RELATING TO CONTRACTOR LICENSING

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 22 to maintain consistency with the requirements of the Florida Statutes and current practices for contractor licensing. Motion carried and ordered unanimously.

TEMPORARY USE AGREEMENT WITH BREVARD TOWER COMMUNICATIONS, INC.
AND MICROSTAR, INC., RE: CORIOLIS SATELLITE PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to renew and execute a Temporary Use Agreement with Brevard Tower Communications, Inc. and Microstar, Inc. for placement of satellite testing equipment and related materials for the Coriolis Satellite Program on property located south of I-95 and west of Minton Road. Motion carried and ordered unanimously. (See page for Agreement.)

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF MELBOURNE, RE:
ANNEXATION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinance No. 2001-06 from the City of Melbourne, annexing 2.3 acres with the right-of-way of Northgate Boulevard, located west of Wickham Road and south of Dusa Drive, consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING ACQUISITION AND CONSTRUCTION OF
ASSESSABLE IMPROVEMENTS FOR TREASURE LANE ROAD PAVING MSBU

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution authorizing the acquisition and construction of assessable improvements consisting of construction of streets, roads, bridges, drainage and appurtenant vehicular transportation facilities; all within the unincorporated area of Brevard County, Florida, District III, known as the Treasure Lane Road Paving Municipal Service Benefit Unit; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; acknowledging the preparation of an assessment roll; determining real property abutting upon or adjacent to said assessable improvements will be specifically benefited by the construction of said improvements; determining the cost of said improvements and the portion to be assessed against specially benefited abutting or adjacent real property; determining the manner and providing for the manner and method of computing such special assessments; providing for the publication of this Resolution; and providing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 01-052.)

RESOLUTION, RE: CERTIFYING BROCKET ROAD AS A COUNTY ROAD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution certifying that Brockett Road is a County Road; and authorizing recording of the Maintenance Map in the Public Records of Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 01-054.)

AGREEMENT WITH HEARD CONSTRUCTION, RE: RENOVATIONS OF FIRE
STATION #44

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Heard Construction, establishing the guaranteed maximum price for construction of renovations at Fire Station #44. Motion carried and ordered unanimously. (See page for Agreement.)

RIGHT-OF-WAY USE AGREEMENT WITH MARINA POINTE CONDOMINIUM, INC.,
RE: LANDSCAPING ON BANANA RIVER DRIVE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Right-of-way Use Agreement with Marina Pointe Condominium, Inc. for installation and maintenance of landscape improvements on Banana River Drive in Indian Harbour Beach. Motion carried and ordered unanimously. (See page for Agreement.)

AMENDMENT TO JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION, RE: PALM BAY PARKWAY PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Amendment to Joint Participation Agreement with Florida Department of Transportation for Palm Bay Parkway Project, deleting paragraph 3(d) and adding language stating the Agreement is contingent upon legislative approval of funds for the project. Motion carried and ordered unanimously. (See page for Amendment.)

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: HURRICANE
SHUTTERS FOR SCHOOLS USED AS EVACUATION SHELTERS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to bid, award bid to the lowest qualified bidder, and authorize the Chairman to execute the Contract with the successful bidder for installation of hurricane shutters at school buildings utilized as hurricane evacuation shelters. Motion carried and ordered unanimously. (See page
for Contract.)

PERMISSION TO BID/QUOTE, AWARD BID, AND EXECUTE CONTRACT, RE: REPAIRS
AT SPACE COAST STADIUM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize completion of additional repairs to Space Coast Stadium; grant permission to obtain three bids/quotes or use existing competitive bid contracts for the work, award the contract to the lowest qualified bidder/quoter, and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously. (See page for Contract.)

PERMISSION TO ISSUE WORK ORDER TO POST, BUCKLEY, SCHUH & JERNIGAN, INC.,
RE: A. MAX BREWER MEMORIAL CAUSEWAY BRIDGE REPAIR PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize issuance of a Work Order to Post, Buckley, Schuh & Jernigan, Inc. to provide design services for the A. Max Brewer Memorial Causeway Bridge Repair Project, in the amount of $79,400. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN, RE: TREASURE LANE ROAD PAVING MSBU

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve a temporary loan from Water Resources Department Business Area 4150 to Treasure Lane MSBU Construction Fund in an amount not to exceed $50,000. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH PRESERVATION AND TRUST, INC.,
RE: RESTORATION OF SENATOR H. S. WILLIAMS HOUSE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Lease Agreement with Preservation and Trust, Inc. for the restoration, operation, and maintenance of Senator H. S. Williams House. Motion carried and ordered unanimously. (See pages for Resolution No. 01-055 and Lease Agreement.)

RESOLUTIONS, GRANT AGREEMENTS, BUDGET CHANGE REQUESTS, AND
TEMPORARY LOANS, RE: ROTARY RIVERFRONT PARK DOCK REPLACEMENT,
PHASE II, POW/MIA BOAT LAUNCH IMPROVEMENTS, AND KELLY PARK EAST
SHORELINE STABILIZATION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolutions requesting assistance under the Florida Inland Navigation District Waterways Assistance Program for dock replacement at Rotary Riverfront Park, Phase II, boat launch improvements at POW/MIA Park, and shoreline stabilization at Kelly Park East; authorize Parks and Recreation Director to execute Grant Agreements; and approve Budget Change Requests to establish project accounts and temporary loans from the General Fund if the grants are approved. Motion carried and ordered unanimously. (See pages for Resolutions Nos. 01-056, 01-057, and 01-058, Grant Agreements, and Budget Change Requests.)

AMENDMENT NO. 4 TO AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC.,
RE: STOSBERG PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Amendment No. 4 to Agreement with Post, Buckley, Schuh & Jernigan, Inc. to provide additional engineering services in the amount of $5,600 for the development of Stosberg Park. Motion carried and ordered unanimously. (See page for Amendment No. 4.)

SECOND AMENDMENT TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL
PROTECTION, DIVISION OF STATE LANDS, RE: CARL PROJECTS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Second Amendment to Multi-party Acquisition Agreement with Florida Department of Environmental Protection, Division of State Lands, to enable The Nature Conservancy to assign Option Agreements to the County and Board of Trustees of the Internal Improvement Trust Fund, and provide for closing on a property, at which time the County and State will make their 50% contributions. Motion carried and ordered unanimously. (See page for Second Amendment.)

ADDENDUM TO OPTION AGREEMENT FOR SALE AND PURCHASE WITH MEP
AMERICA, LLC, RE: REMOVAL OF BILLBOARD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Addendum to Option Agreement for Sale and Purchase with MEP America, LLC, to facilitate litigation to remove billboards on County property acquired from MEP America; and authorize the County Attorney to work with the seller's attorneys to proceed with the litigation to which the County will be a party. Motion carried and ordered unanimously. (See page
for Addendum.)

APPOINTMENT/REAPPOINTMENT, RE: PUBLIC GOLF COURSE ADVISORY BOARD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint Robert Rodrigues as an at-large member representing the Savannahs Golf Course, replacing Bob Armbruster, with term expiring May 1, 2002, and reappoint Frank Duncan as an at-large member representing the Habitat Golf Course, with term expiring January 15, 2002, to the Brevard County Public Golf Course Advisory Board. Motion carried and ordered unanimously.

REQUEST TO TOWN OF MALABAR, RE: VACATE ROADS IN EEL MALABAR SCRUB
SANCTUARY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize staff to request the Town of Malabar vacate roads within the boundaries of the EEL-acquired Malabar Scrub Sanctuary. Motion carried and ordered unanimously.

WAIVER OF BID AND PERMISSION TO PURCHASE, RE: DEMO BUS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive bid requirements and authorize the purchase of one demo model of a Thomas Built Vista bus from First Class Coach & Equipment, Inc., at a cost not to exceed $51,000. Motion carried and ordered unanimously.

PERMISSION TO ISSUE REQUEST FOR PROPOSALS, RE: SCAT TROLLEY BUSES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize issuance of Request for Proposals for four trolley buses for the Space Coast Area Transit bus fleet. Motion carried and ordered unanimously.

RESOLUTION AND SUBORDINATION OF COUNTY UTILITY INTERESTS WITH FLORIDA
DEPARTMENT OF TRANSPORTATION, RE: EASEMENT TO SR 520

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Subordination Agreement with the Florida Department of Transportation for an ingress/egress easement to SR 520. Motion carried and ordered unanimously. (See pages for Resolution No. 01-059 and Agreement.)

CHANGE ORDER NO. 3 WITH WHARTON-SMITH, INC., RE: EXPANSION OF SOUTH
CENTRAL REGIONAL WASTEWATER TREATMENT PLANT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 3 to Agreement with Wharton-Smith, Inc. for expansion of South Central Regional Wastewater Treatment Plant, decreasing contract price by $75,196.41 for direct purchase reduction and $4,511.78 for sales tax reduction; and increasing contract price for Items 4 through 8 by $32,037, with the County's cost being $27,357 and the cost of $163,822 being refunded by the design engineer at the time of the contractor's pay request for the work, for a net change of $116,150.81 and 303 days with new deadline of April 13, 2001. Motion carried and ordered unanimously. (See page for Change Order No. 3.)

APPROVAL OF NEGOTIATED WORKERS' COMPENSATION SETTLEMENT, RE:
DONNA PALAZZOLO

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the negotiated settlement of the workers' compensation claims of Donna Palazzolo in the amount of $115,750. Motion carried and ordered unanimously.

APPROVAL OF NEGOTIATED PUBLIC OFFICIALS AND EMPLOYMENT PRACTICES
LIABILITY SETTLEMENT, RE: CHARLES WEATHERFORD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the negotiated settlement of the Public Officials and Employment Practices Liability claim of Charles Weatherford in the amount of $175,000; and authorize disbursement of settlement funds of $100,000 from self-insured retention and excess carrier contributing the balance of the settlement. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING BOARD OPERATING POLICY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution amending the Board Operating Policy to provide for a process to declare a chairman pro tem in the event the Chairman and Vice Chairman are absent and it is necessary for someone to act on behalf of the Chairman. Motion carried and ordered unanimously. (See page for Resolution No. 01-060.)

SETTLEMENT AGREMEENT AND RELEASE BY MARK ROUSSEAU, RE: ESTATE
OF PETER CASTANEDA ET AL v. BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve payment of the County's full self-insured retention in resolution of the claim of Mark Rousseau, as Personal Representative of the Estate of Peter Castaneda, Pedro Castaneda, and Sirisri Rutirasiri in compliance with the Settlement Agreement and Release. Motion carried and ordered unanimously.

SETTLEMENT AGREEMENT AND RELEASE, RE: ERICA GRIM v. BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve settlement of the claim of Erica Grim in compliance with the Settlement Agreement and Release; and authorize the Chairman to execute all documents required to resolve the claim. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE EXECUTIVE SESSION, RE: ROBERT L. CARSON, JR.
v. BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the County Attorney to advertise and schedule an executive session on March 20, 2001 after the regular Board meeting, to discuss strategy relating to litigation of Robert L. Carson, Jr. v. Brevard County. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT ENDING DECEMBER 31, 2000

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to accept the Revenue Monitoring Report for the quarter ending December 31, 2000. Motion carried and ordered unanimously.

APPOINTMENT/REAPPOINTMENT, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint Paula Curry to the Central Brevard Library and Reference Center Advisory Board replacing Dollye Robinson, with term expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the bills and budget changes as submitted. Motion carried and ordered unanimously. (See pagefor List of Bills.)

RESOLUTION AND COUNTY DEED, RE: CONVEYING COUNTY PROPERTY
TO BREVARD ALZHEIMER'S FOUNDATION, INC.

Joseph Steckler, representing the Brevard Alzheimer's Foundation, Inc. requested donation of two acres of land next to the Mainland (Micco) Library to build an Alzheimer's Center; and stated it is not only a request from the Foundation, but also from the people of that area. He stated he provided a copy of their proposal and briefing to the Board; Brevard County is the 12th oldest in the State and needs to serve its elderly people; they have been receiving requests from people in that area for over five years; and this is the way they can do it. He stated all their services listed in the information will be available to the people in South Brevard; they added a one-hour weekly radio show, and are getting favorable calls because people are finding out how they can help themselves. He stated he included the construction cost; they completely researched the project and know they can build it for the money they collected; they have $520,000; and the donation of the land will signify to another foundation to donate $200,000 to build the Center. Mr. Steckler advised they can make the project work; they will start slow and gradually build up to provide all the services; establishment of the center will extend service to the South County area where it is needed; and it will provide a permanent facility. He stated they have raised $670,000 towards their $2 million endowment; and last week a gentleman said he would raise another $100,000, which would put them close to $800,000 of their commitment. He assured the Board the donation of land for the center will help the people of Brevard County.

Richard Higgins, advised of his memberships in various organizations, including the Veterans Council, American Legion, VFW, Marine Corps League, and DAV Chapter, which all have outreach programs; and advised the VFW Post 4425 of Micco voted unanimously to support Mr. Steckler's request for land south of the Mainland Library in Micco. He stated letters given to the Board tell about their support; Alzheimer's is a terrible disease that causes progressive memory loss in older people and subsequently results in the loss of the ability to take care of themselves; and it takes a terrible toll on the family members who sacrifice to take care of their parents and grandparents. He stated there are a number of citizens who look after victims of dementia in the community; of the 5,632 registered voters in Barefoot Bay, 70% are over the age of 66 and susceptible to this dreaded disease; there is a need for the facility to ease the load on caretakers; and the land is within the Board's power to provide to the Brevard Alzheimer's Foundation. Mr. Higgins stated it is their hope the Board will take favorable action before it is too late; he is 78 and has not been diagnosed with dementia yet; but when that time comes, he hopes there will be a place like the proposed day care center.

Mike Cunningham advised he is a member of the South Mainland Library Advisory Board which voted unanimously to support the project; but more important he has personal experience with a loved one who suffered from one of the dementia illnesses. He stated Alzheimer's is not a one-time all inclusive disease; the Foundation covers more than 80 types of dementia; his mother suffered from senile senior dementia; and it was heartbreaking to see her get to the point where she no longer realized she had grandchildren, great grandchildren, and often her children. He stated dementias have no barriers as far as economics, morality, and finances; they hit anybody; and when they do, it is for good; so the people in Micco plead with the Board to authorize the facility in an aging community where it is needed to serve a purpose beyond anything they have seen, and will be a benefit to the entire County.

Commissioner Higgs advised there is wonderful support for the center in the Micco community from all sectors; it is a wonderful way of leveraging County resources with private resources; and that is an economically and fiscally sound method to provide for a need that will only grow.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution and execute County Deed donating surplus land to the Brevard Alzheimer's Foundation, Inc.; direct staff to prepare the appropriate agreement to convey the 2.06 acres adjacent to South Mainland Library to the Foundation for use as an Alzheimer's Service Center; authorize the Chairman to execute all necessary documents, contingent upon approval by the County Attorney and Risk Management; and authorize reimbursement to the Library Fund from the General Fund at the appraised fair market value of the land.

Commissioner O'Brien advised he supports the donation of the land; his father had Alzheimer's disease; it is a terrible thing to see someone you love not recognize you; and it was a terrible time for his mother who was the caregiver; however, his concern is whether the Board will give land to every nonprofit organization that asks for land, to help people with heart problems, cancer, spina bifida, MS, and MD. He stated the County gave land on Wickham Road to the Foundation, and it may have given the Foundation $70,000 as well; and inquired where does the Board go from here with other good organizations, and will it set a precedent for the future for any groups that may come before the Board.

Commissioner Colon advised the support for the center is coming from the entire County; and thanked Mr. Steckler for his unselfish work. Commissioner O'Brien advised the Heart Association and Cancer Society, etc. would also be supported by the entire County.

Commissioner Higgs advised the Board has recognized how people age; the quality of life as they age is critical; the need has been identified; and when the Board can address the need by leveraging resources with private resources, that is the way to address problems. She stated when an association or individual comes to the Board bringing the need and resources forward to address a problem, the Board should move forward, whether it is the Alzheimer's Foundation, Heart Association, or whoever will attack the problems of how to develop lifestyles to deal with debilitating diseases and health issues. She stated it is a wonderful model of how to address problems in the community; and anytime the Board has the opportunity, it should step forward.

Commissioner Scarborough advised being a caregiver for someone with Alzheimer's disease is an extremely difficult task; Mr. Steckler is creating an opportunity for the caregiver to place a loved one in a place that is equipped and capable of taking care of that person; and that will give a few precious moments for the caregiver to shop, go to the hairdresser, etc. He stated those are the things that make it possible for them to go on; it is not creating a massive bureaucracy; and it is a minimal amount of land that will do so much to allow caregivers to provide a service. He stated the alternative is a nursing home; taxpayers pay dearly for that; what Mr. Steckler is doing is saving the taxpayers millions of dollars; and he also wants to thank Mr. Steckler for his efforts. Chairman Carlson stated all the Commissioners thank him.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously. (See pages for Resolution No. 01-193 and County Deed.)

TEMPORARY USE AGREEMENT WITH ANSELMO VALDES AND RANGER
CONSTRUCTION INDUSTRIES, INC., RE: STORAGE OF MILLINGS,
CONCRETE DEBRIS, AND CLEAN FILL

Bernadette Hannon presented pictures to the Board, and stated her backyard is open to the construction with only a few trees that stand between her property and the area; the children use her property for access to play in the area; she called the City and was told they cleaned it up, but they have not; and they told her neighbor they would replant trees; but they planted 7 to 8-foot tall trees that looked dead before they were planted on top of the mound as shown in the picture. She stated they have to contend with the railroad track, but before they tore the shrubs and trees off the property, the sound was muffled; she found out there is a new dance place back there; and she can hear the bass beat from a mile away because there is nothing between her property and the facility. She stated the card she received said the land was zoned for light industrial; they have been back there at 2:00 a.m.; and she called the police, but they did not do anything, because she watched them from her backdoor and they drove around then came to her house and told her he talked to them. She stated she cannot sleep because of the bells and dings from trucks backing up and everything else going on. Ms. Hannon advised the whole neighborhood has been affected by it; one of her neighbors said he was told it was supposed to be a parking lot, but it is not a parking lot; she cannot go into her backyard because of the dirt that blows from the mounds; there is concrete, blacktop, big stones, signs, and everything else dumped back there; and every time she leaves home in her car she has to wash her windshield because of the dirt. She stated there is nothing to stop it and it just blows in their direction; there is quite a bit of property back there they could have used; and she does not know why they had to dump it in her backyard. She stated the noise level is a problem; they are working at 3:00 a.m.; and there is no quiet time.

Nick Fredella, representing Ranger Construction, advised they are involved in drainage and roadway improvements on SR 5 (U.S. 1), from SR 528 to SR 50; generally when they do work for Florida Department of Transportation, they are given areas by the Department; they are not allowed to put any work products and materials along the side of the road because of the speed limits, safety hazards, and not enough easement; and in the past, they generally made agreements with a private landowner in an area that hopefully would not offend anyone. He stated Mr. Valdes was gracious enough to buy the property for the future purpose of putting in a small building and parking area for trucks and small equipment; and being it is zoned IU, he did not seem to have a problem with Ranger using the property for a little while until he could get a site plan to improve the property. Mr. Fredella advised they received some complaints and tried to comply; they thought they needed to put together a temporary use agreement; the pile heights were taken into consideration; there was a noise decibel factor of 65 decibels after 10:00 p.m.; and they tried to contain all the particulars to satisfy everybody to the best of their knowledge about what needed to be done. He stated they needed six months to use the property donated by Mr. Valdes to perform the work of fixing the road, then they would clean it up and get out so he could do whatever he wanted to with his property; it has been a dump for the last 15 years; Mr. Valdes and Ranger spent serious money cleaning off concrete debris that had been dumped there illegally over the years; and the overgrowth and brush was bush hog grass. He stated at this stage they have an agreement and have no problem with any of it as far as hold harmless and following the rules on noise, pile levels, etc.; but they have a problem with the amount of money they are being asked to put up to cross from the road onto private property. He stated $5,925 was asked for a period of six months to cross trucks and get the materials that are bothering everybody back out, which is part of a work product to put back on the street; that is $1,000 a month and like a mortgage payment for work that will benefit the public with better drainage and better road conditions; and there is also a $9,000 bond being asked for. Mr. Fredella advised Ranger is an asphalt company; if they were to damage Cidco Road where the property is located, they would overlay it; but the fee to move across eight to ten feet of un-maintained swale area is rather steep. He stated what they are doing will benefit the community; they are not building the road and drainage for a private developer or their own good; it is 18 miles of roadway; and they need an area to store their materials. He stated that is a lot of money to ask to get materials off the property to make everyone happy and solve the problems; they have no problems with anything else in the agreement; but it seems exorbitant to charge that kind of money to access a property that is owned by someone else.

Commissioner Higgs advised the hours of operation seem to be a problem; and inquired if they could alter their hours; with Mr. Fredella responding they cannot work during the day because the State lane closure restricts them from working except for about three hours a day because of the traffic flow; it is dangerous for the public to close lanes, so they were told they cannot close lanes until after 7:00 p.m. and must open them by 6:00 a.m. He stated they are in the final stages of the project; the only thing they are waiting for is the weather to get above 65 degrees so they can put the final friction course on the road; all the drainage and erosion control issues have been addressed; and the last particular on the job is to put the overlay down. He stated the specs that DOT has for the job are to use a material that has to be put down at 65 degrees or higher; and after 7:00 p.m., the temperature drops, so they cannot put it down and have a satisfactory road surface that will stay and be maintainable. He stated after that part of the job, the area will be cleaned up, but they have to wait a few more weeks for the temperature to rise. He noted their schedule shows two more weeks before they start overlaying the 18 miles; they cannot work during the day because they could not do enough work in three hours; closing the lanes is against the rules of the State; and they try not to do work in the yards, bang tailgates, and move trucks in and out, and they basically stock pile the material. Mr. Fredella advised they need two weeks to move the materials off the property, grade it, clean it, sod and mulch it, and fix the swale; the berm was put in at the request of Reba Floyd for an extra buffer other than the six-foot wooden fence that is behind the property; Ms. Hannon's property is to the east where there are trees; they removed five-inch and seven-inch oak trees and put in six two-inch trees for future canopy equivalent to what they took out; and once they are gone, they will not return. He stated it should take about three months or before June 30, 2001.

Commissioner Scarborough inquired if Public Works has any comments; with Assistant Public Works Director Ed Washburn responding the fees are dictated by Ordinance; staff has no control over that; and it is the Board's decision whether it wants to waive the fees. Commissioner Scarborough inquired if the berm is completed; with Ryan Rusnak responding he understands the berm is completed and was planted as recommended by Natural Resources. Commissioner Scarborough stated it is not a pretty site; and inquired what was Ms. Hannon's understanding of the berm; with Ms. Hannon responding she had no idea they were working back there; there was no notification through the mail; she was out of town; and when she returned, the whole area was cleared. She stated she called the City Manager's Office and talked to people there; the card she received in the mail was the first notification; Mr. Fredella said there was no loud banging of dump trucks, etc.; but just last week she could hear the dump trucks close to U.S. 1 and was awakened by the noise.

Commissioner Colon stated she was glad to get feedback from the residents, and will not support this item.

Commissioner Scarborough stated this started because of a Code violation; the applicant did not know and did not obtain the proper permits; there is a procedure for a temporary use agreement that spells out a lot of things that need to be considered; and he would like to table this item so he can visit the site with staff, the contractor, and Ms. Hannon. Ms. Hannon stated something needs to be done on the back of her property because the children are using it for access to play back there.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to table the Temporary Use Agreement with Anselmo Valdes and Ranger Construction Industries, Inc. for storage of millings, concrete debris, and clean fill.

Commissioner O'Brien stated his concern is the dirt that is piled up and no dust, turbidity, and silt control; because of the height of the piles, if it flooded towards the fence, it could take it down; there is no control to prevent property damage to the east or west; and suggested the contractor silt screen the piles of dirt.

Commissioner Scarborough stated they are continuing to operate in violation of the Code and at the same time the County wants them to enter into an agreement; so he will try to get it back to the Board next week.

Chairman Carlson called for a vote on the motion to table. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN CANAVERAL GROVES, REPLAT OF UNIT 3 - WANDA L. RYBURN

Chairman Carlson called for the public hearing to consider a resolution vacating a public utility and drainage easement in Canaveral Groves, Replat of Unit 3, as petitioned by Wanda L. Ryburn.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility and drainage easement in Canaveral Groves, Replat of Unit 3, as petitioned by Wanda L. Ryburn. Motion carried and ordered unanimously. (See page for Resolution No. 01-060.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN CAMBRIDGE PARK, PHASE 2 - LORI ANN RAPANARO-McCORMICK

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easements in Cambridge Park, Phase 2, as petitioned by Lori Ann Rapanaro-McCormick.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility and drainage easements in Cambridge Park, Phase 2, as petitioned by Lori Ann Rapanaro-McCormick. Motion carried and ordered unanimously. (See page for Resolution No. 01-061.)

PUBLIC HEARING, RE: RESOLUTION VACATING ALLEY IN SECTION 17, TOWNSHIP
21S., RANGE 35E. - BREVARD COUNTY ADDRESS ASSIGNMENT

Chairman Carlson called for the public hearing to consider a resolution vacating a 15-foot alley in Section 17, Township 21S., Range 35E., as petitioned by Brevard County Address Assignment.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution vacating a 15-foot alley in Section 17, Township 21S., Range 35E., as petitioned by the Brevard County Address Assignment Section. Motion carried and ordered unanimously. (See page for Resolution No. 01-062.)

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF SEWER EASEMENT IN
SUNSET LAKES, PHASE VII - DAMAR HOMES, INC.

Chairman Carlson called for the public hearing to consider a resolution vacating a portion of a sewer easement in Sunset Lakes, Phase VII, as petitioned by Damar Homes, Inc.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution vacating a portion of a sewer easement in Sunset Lakes, Phase VII, as petitioned by Damar Homes, Inc. Motion carried and ordered unanimously. (See page for Resolution No. 01-063.)

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN AVON-BY-THE-
SEA - CAPE HACIENDA CONDOMINIUM ASSOCIATION

Chairman Carlson called for the public hearing to consider a resolution vacating a right-of-way in Avon-By-The-Sea, as petitioned by Cape Hacienda Condominium Association.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to continue the public hearing to April 24, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING ALLEY IN SECTION 17, TOWNSHIP
21S., RANGE 35E. - BREVARD COUNTY ADDRESS ASSIGNMENT (CONTINUED)

Ernest Bostic advised a man built his house in the right-of-way. Commissioner Higgs advised the vacating will give the land under the house to the homeowner. Mr. Bostic stated he has 50 feet in the back; and the County is giving him 15 feet.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to reconsider a resolution vacating an alley in Section 17, Township 21S., Range 35E., as petitioned by Brevard County Address Assignment.

Commissioner Scarborough recommended staff discuss it with Ms. Bostic to determine his problem. He stated vacating gives half of the alley to the petitioner and the other half to the property on the other side; he has a fence that is 7.5 feet into Mr. Bostic's property; and the vacating will not hurt Mr. Bostic.

Commissioner O'Brien withdrew the motion to reconsider; and Commissioner Scarborough withdrew the second.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 1 - RICHARD AND ELIZABETH SHOWERS

Chairman Carlson called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Richard and Elizabeth Showers.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Richard and Elizabeth Showers. Motion carried and ordered unanimously. (See page for Resolution No. 01-064.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 2, PART 10 - JOHN J. LAYDEN

Chairman Carlson called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10, as petitioned by John J. Layden.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10, as petitioned by John H. Layden. Motion carried and ordered unanimously. (See page for Resolution No. 01-065.)

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN BANKERS
RESERVE PROPERTIES, INC. - LEONARD D. HEARNDON

Chairman Carlson called for the public hearing to consider a resolution vacating right-of-way in Bankers Reserve Properties, Inc., as petitioned by Leonard D. Hearndon.

Commissioner Higgs inquired if the problem with the property to the south was worked out and the property sold; with Cynthia Fogle responding yes, and staff has a copy of the sale contract.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution vacating right-of-way in Bankers Reserve Properties, Inc., as petitioned by Leonard D. Hearndon. Motion carried and ordered unanimously. (See page for Resolution No. 01-066.)

PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING
FINAL ASSESSMENT ROLL FOR VALLY ROAD PAVING II MSBU

Chairman Carlson called for the public hearing to consider a resolution accepting improvements in Vally Road Paving II Municipal Service Benefit Unit (MSBU), and adopting the final assessment roll.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution accepting improvements in the Vally Road Paving II Municipal Service Benefit Unit; adopting the final assessment roll; establishing the procedure for the collection of assessments; establishing an interest rate; and establishing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 01-067.)

PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING
FINAL ASSESSMENT ROLL FOR JUDY KAY ROAD PAVING MSBU

Chairman Carlson called for the public hearing to consider a resolution accepting improvements and adopting the final assessment roll for Judy Kay Road Paving Municipal Service Benefit Unit (MSBU).

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution accepting improvements in the Judy Kay Road

Paving Municipal Service Benefit Unit; adopting the final assessment roll; establishing the procedure for collection of assessments; establishing interest rate; and establishing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 01-068.)

Chairman Carlson called for the public hearing to consider a resolution accepting improvements and adopting a final assessment roll for Farnsworth Avenue Road Paving Municipal Service Benefit Unit (MSBU).

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution accepting improvements in Farnsworth Avenue Road Paving Municipal Service Benefit Unit; adopting the final assessment roll; establishing the procedure for collection of assessments; establishing interest rate; and establishing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 01-069.)

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO WORLDTRAVEL PARTNERS

Chairman Carlson called for the public hearing to consider an ordinance granting economic development ad valorem exemption to WorldTravel Partners.

Commissioner O'Brien advised WorldTravel Partners will add 50 new employees at an average salary of $30,000 each per year.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Ordinance granting an economic development ad valorem exemption to WorldTravel Partners, located at 166 Center Street, Cape Canaveral, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by WorldTravel Partners; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Ordinance No. 01-08.)

Commissioner Higgs advised she is not against the company, but has concerns about the concept of the exemption program.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO STRATOS LIGHTWAVE, INC.

Chairman Carlson called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Stratos Lightwave, Inc.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner O'Brien, to adopt Ordinance granting an economic development ad valorem exemption to Stratos Lightwave, Inc., located at 1450 Treeland Boulevard, S.E. Palm Bay, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Stratos Lightwave, Inc; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay. (See page
for Ordinance No. 01-09.)

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO G. E. HARRIS ENERGY CONTROL SYSTEMS, LLC

Chairman Carlson called for the public hearing to consider an ordinance granting economic development ad valorem exemption to G. E. Harris Energy Control Systems, LLC.

Commissioner O'Brien advised G. E. Harris will employ 85 new employees averaging $60,000 annually per employee; and Brevard County may get back its investment in the first two years.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Ordinance granting economic development ad valorem exemption to G. E. Harris Energy Control Systems, LLC, located at 655 Nasa Boulevard, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by G. E. Harris Energy Control Systems, LLC; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Ordinance No. 01-10.)

Chairman Carlson advised on the supplemental application under environmental impact of the business, they define how G. E. Harris Energy Control has been a good corporate citizen, and specify various cultural issues it has been involved in, such as United Way, etc.; and it would be nice to see that type of community involvement on more of the applicants.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO BONADENT DENTAL LAB

Chairman Carlson called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Bonadent Dental Lab.

Commissioner O'Brien advised Bonadent Dental Lab will employ 12 new employees averaging $31,000 a year.

There being no further comments heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Ordinance granting economic development ad valorem exemption to Bonadent Dental Lab, located at 4175 West New Haven Avenue, West Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Bonadent Dental Lab; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Ordinance No. 01-11.)

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO DIAMONDBACK MANUFACTURING, INC.

Chairman Carlson called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Diamondback Manufacturing, Inc.

Commissioner O'Brien advised it is a boat manufacturing business in Cocoa; and it will hire about ten new employees at average annual salaries of $35,000 per employee.

There being no further comments heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Ordinance granting an economic development ad valorem exemption to Diamondback Manufacturing, Inc., located at 1060 Cox Road, Cocoa, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Diamondback Manufacturing; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay. (See page
for Ordinance No. 01-12.)

The meeting recessed at 10:35 a.m., and reconvened at 10:50 a.m.

PUBLIC HEARING, RE: DETERMINATION OF VESTED RIGHTS FOR WILLIAM
McMILLAN

Chairman Carlson called for the public hearing to determine vested rights for William McMillan.

William McMillan advised he is here to answer any questions the Board may have about the property. Chairman Carlson advised Mr. McMillan will have five minutes to rebut after the speakers.

Kevin DiMeco advised the County allowed John Bowles to build a house on property where Mr. McMillan has a flag lot behind it; the County made Mr. Bowles move his house forward 61 feet because the back of his lot is wetlands; Mr. McMillan's property is wetlands; and they heard Mr. McMillan is going to put a house in the wetlands. He stated Mr. Bowles was sold a bill of goods by the County and others; now they want to change what was said to him; and inquired who is responsible for the mix up. He stated if Mr. McMillan builds a home back there, it will affect his property because of the runoff; and inquired if anyone has a plan to take care of that.

Ed Gillenwater stated the property lies directly behind his house and is wetlands; when it rains the water runs off the lot onto his property; and if Mr. McMillan is permitted to build back there and has to fill in the lot, his property will be flooded. He stated he is against any building in the back of his property; and requested the Board not let it happen.

Commissioner O'Brien inquired if Mr. Gillenwater knew the land behind his property was a flag lot and could possibly be developed; with Mr. Gillenwater responding his son worked for Universal Engineering and told him that was wetlands; when it rains the water stands there forever and does not soak into the ground; and it runs off on his property and the rest of the properties on that street. Commissioner O'Brien inquired what did Mr. Gillenwater expect would occur on the acre behind his property; with Mr. Gillenwater responding he never expected anything because it was wetlands and the County does not give out permits to build in wetlands. He stated he did not know it at the time he bought his house, but was later told about it; and he is against anyone building back there because it will flood his property.

John Bowles, Jr. advised he built a house on Florida Palm Avenue beside the four parcels on the other corner; Mr. McMillan, Sr. sold him the lot; and he knew there was a flag lot in the back, but did not have a problem with that at first. He explained in detail how he and his wife looked for property in Canaveral Groves, bought the property in June, hired a contractor to build the house, then was called by the contractor advising that half his property was wetlands; and stated no one told him about the wetlands, not Mr. McMillan, Sr. nor the realtor. He stated he hired an attorney and was going to pursue the situation to get his money back because he did not want to buy property that was half wetland; however, the County said if he moved his house up 61 feet he could build there even though he wanted the house a certain distance from the front of the road. Mr. Bowles stated the Natural Resources Office and Department of Environmental Protection said the property behind his property was all wetlands and no one could ever build back there; so he and his wife decided to proceed with building their home with the knowledge no one could build behind them; however, about a month or two ago, someone wanted to build a house behind his house. He stated he talked to Mel Scott and voiced his opinion; they received a letter in the mail about this vested rights; and that is why they are here today. He stated the County made him move his house to keep it out of the wetlands; the main reason he kept the property was because the County told him nobody could build behind his home; and now they are here on this situation.

Betty Jean Van Blarcom advised the property is behind her lot also; if Mr. McMillan is allowed to build, her lot would flood; they looked at buying the property for the horses, but were told by Natural Resources it was wetlands and they could not put a barn on it, and all it was good for was pasture. She stated if they are allowed to build on it, it will devalue her property; there are only four houses on the street other than Mr. Bowles' house; and the other neighbor could not come to the meeting, but sent a notarized letter.

Mr. McMillan presented pictures to the Board of the wetlands and houses in the area; and stated he did not know it was wetlands until his father sold the front acre in 1990. He stated they purchased the land in 1986; it was zoned GU and they wanted to get it rezoned to RR-1; so they went to the County and relied on the County that in the future they would have a flag lot zoned RR-1. He stated they contacted everyone within 500 feet and had no problems rezoning the property; the County told them what regulations they had to follow and they abided by those; there were no homes out there in 1986 when they purchased the land; the homes have built up over the years; and the house pads are two to three feet high, which caused drainage on his property and vegetation to grow, making it conducive to be called wetlands. He stated the Department of Environmental Protection said it would only take a $100 permit to make his acre of land buildable; he knows the County has regulations on wetlands; but that is all that is required by the Department of Environmental Protection. He stated the neighbors said there are only four homes on Areca Palm; the subdivision is a mile square and there are many homes in the area; it is just their four homes that face the south side of his property; their homes are built up so the water runs off on his property; and they are concerned that if he built a house, it will run back to where it came from originally. Mr. McMillan stated he has been paying property taxes on the lot since 1989 as a buildable lot; he relied on the County and did everything it asked; he just found out a year ago it was not buildable; and he would not have sold the front acre if he knew the back acre was useless. He stated if the land is wetland and not vested, it will become useless and would be worth $3,000 which would make it easier for them to acquire versus $20,000 as a buildable lot; and he did everything the County asked him to do in good faith and was never told it was wetlands until last year.

Chairman Carlson instructed staff to give the Board a summary of the background regarding this issue.

Planning and Zoning Director Mel Scott advised on September 8, 1988, the Board adopted a regulation, which states from that date forward they cannot create lots that are smaller than five acres if the property is entirely wetlands. He stated that new regulation is all encompassing and a fundamental shift in the way the County did business affecting every acre of wetland; three and a half months after that, Mr. McMillan went to the Planning and Zoning Office and applied for a flag lot; flag lots only need to be one acre in size; and at that time the Office of Natural Resources did not review flag lot applications; so the lot was allowed to be created contrary to the recently adopted regulation and was less than five acres. He stated in June, 2000, Mr. McMillan sold the front lot to Mr. Bowles; that lot had uplands which would accommodate a house; so even though Mr. Bowles was not able to center the house on the property, he was able to move the house pad closer to the road where the upland exists and accommodate the house, knowing in the year 2000 that the lot behind him was entirely wet and less than five acres. Mr. Scott stated Mr. Bowles was given correct information in that the parcel should not be able to be built on; however, the caveat that should have been told to Mr. Bowles was absent a vested rights application. He stated Mr. McMillan, who is the owner of the back parcel which was created contrary to wetlands regulations, investigated and uncovered that without the vested rights it would be an unbuildable lot; so Mr. McMillan is presenting an act or omission of government. He stated there is a three-pronged test that all vested rights have to be judged against; one is an act or omission of the County, which did happen in January, 1989 when the flag lot was approved; however, the other two criteria and the introductory paragraph, which talks about such determination should not create imminent peril to the public health, safety, or general welfare of the surrounding residents, can be used by the Board in its determination. He noted Mr. Knox could probably elaborate on the position of the neighbors regarding their property values, their interests, and presentations made to them, which they relied on.

County Attorney Scott Knox advised the issue before the Board is whether or not Mr. McMillan has vested rights as determined by the criteria; it appears the focus of the people heard relates to their property values; and the Board has to determine if that constitutes imminent peril to public health, safety, or welfare and whether or not all the criteria has been met.

Commissioner Scarborough advised there was something the County did; the property was divided, which was not a logical thing to do, but Mr. McMillan thought there would be a flag lot; so there is a potential for vested rights within the broader perspective. He stated vested rights comes to the Board as equitable estoppel or an equitable concept that all people and all things are taken into consideration equitably; there have been two allegations; one is that the wetlands were created by the building on adjoining properties, and the other is they were historical wetlands that existed; and requested staff give the Board more information on those issues. Natural Resources Supervisor Debbie Coles advised the information staff received regarding the wetlands came from the State; there was a State agent who went out and determined that it was wetlands; and looking at the historical aerials and information received from Department of Environmental Protection, she would say it is probably a combination of both. She stated the property is receiving some runoff because of development that occurred around it; but more than likely, the property did function as wetlands to some extent; and whether or not the building around it has caused the wetlands to expand is something that would be conjecture at this point without prior knowledge. Commissioner Scarborough inquired if staff is saying it was wetlands prior to the building around it; with Ms. Coles responding it is based on the topography and aerial interpretation that there was probably some wetland functional component to the property; but there have been a lot of changes in the area; a ditch is behind the property that has a berm adjacent to it; so that has caused some of the natural drainage that may have flowed in that direction to remain on the property. She stated the soils maps indicate the area has floodplain type soil; so the ground water is very close to the ground surface out there. Commissioner Scarborough inquired if the soils maps show deviation from where it has been built; and does staff have the soils maps; with Ms. Coles responding she can get them in a few minutes if the Board wants to postpone the item. Commissioner Scarborough stated if the Board is going to look beyond the vested rights issue, it needs to look at the historical basis.

Chairman Carlson postponed the item until later in the meeting.

DISCUSSION, RE: FELLSMERE GRADE AREA

County Manager Tom Jenkins advised after the Agenda Report was prepared, he had another conversation with the County Administrator of Osceola County; at that time he indicated one of the options the County had listed was not a viable option in that Osceola County was not interested at this time in pursuing annexation of the property; and he also indicated they were seeking compensation for the past maintenance work they performed in accordance with the Agreement, which has been in existence since 1980. He stated the County Administrator was going to send him an estimate as to what would be an acceptable dollar amount, but he has not received it; in their discussions, he did mention the statute of limitations; so he may frame it in the context of how much would be reasonable compensation based on the Agreement.

Bert Tucker advised he is part of the Tucker family that owns the property in the southwest corner of Brevard County, which was purchased in 1967; they use Fellsmere Grade to gain access to the property; at that time there was an agreement between the Adams family who they acquired the land from and Osceola County; the Adams family would donate materials to Osceola County from the pit and Osceola County would maintain Fellsmere Grade; and the Tucker family inherited that agreement and continued to honor it until 1968, when they went to Brevard County and made an agreement with Brevard County to provide materials with the County paying for the materials. He stated there was never any payment even though they paid taxes to Brevard County, so the Tucker family terminated the agreement; and Brevard County assumed no maintenance of Fellsmere Grade or Six Mile Grade, which provide access to their property. Mr. Tucker advised in 1968, a family with children moved on the ranch; the children went to school in Osceola County; and when Osceola County was made aware that they came from Brevard County, they did not allow the children to go to school there; so they had to go through the correct motions to get Osceola County to agree to accept the children, otherwise they would have had to travel eight miles to SR 441, 21 miles to Holopaw North on 441, and 15 miles to get into Brevard County where they could be picked up by a school bus. He stated Brevard County paid the parents to transport the children to school in Osceola County; but the only access to get the children to school was through Fellsmere Grade and Six Mile Grade. He stated since then, several families moved next door that the same scenario applied to; and right now they have about 40 landowners in the area whose only access is Fellsmere Grade. Mr. Tucker advised another Agreement that was made and is a subject of discussion is that Brevard County agreed to pay Osceola County to maintain the roads; however, the Agreement has not been honored. He stated they did pay taxes for solid waste disposal and streetlights, but that has since been waived; now they pay $80 a month for a dumpster on their property. He stated there are layers in this issue other than landowners in Brevard County; there is the St. Johns River Water Management District, which may be the largest landowner in the area; and the land they bought in 1991 is now a type 1 game management area of about 2,100 acres that opened last year; and the only access to that property is Fellsmere Grade, so the Game Commission comes into play. He stated it also opened up Lake Kenansville in Indian River County, but no one can use that access. He stated this is the first step in a several-step process; and recommended the Board take enough time to consider getting all the parties involved in the discussion.

Andy Tucker advised Bert Tucker covered the history of the area; they thought the issue was not coming up today; his dad wanted to be here to share with the Board his feelings about the issue but had a prior commitment; and in the future, if the Board can give them more warning and notify the people in the area, they would be most appreciative. He stated they will also appreciate the Board resolving its issue with Osceola County; his level of comfort has gone up after interacting with Commissioner Colon; the parties involved are not only private property owners in the area, but Indian River County, Osceola County, the St. Johns River Water Management District, and Brevard County; so among all of those entities, they should be able to find a solution to the problem.

Commissioner Colon advised there are two different issues; one is the past money owed to Osceola County for its road work according to the Agreement and what direction the Board wants to take; and the other is the future of the road and what the Board wants to do. She stated she spoke to the Tuckers and would like to have a meeting with all the parties involved on the future of the road; there are at least 40 landowners out there and people from Indian River and Osceola Counties; it is a unique situation; and if the Board will allow her to speak to the people so they know some of the dilemmas it has, she could bring back their issues to the Board. She stated she would like to give some direction regarding the maintenance that was done by Osceola County, keep good lines of communication open with Osceola County, and pay what is owed to them according to the Agreement. She stated she would like to get feedback from the Board on the history of the area that may not have been presented to her.

Commissioner O'Brien advised there is more history to those lands; he talked to former Commissioners Joe Wickham and Val Steele who wanted to ensure that the Board knew the area has a high potential for good ground water for drinking, and to be concerned about any county annexing the property; and perhaps Mr. Minneboo knows more about that. Mr. Jenkins advised Mr. Martens is more knowledgeable about the water issue; and at Commissioner Colon's request, there is also a representative from the St. Johns River Water Management District who has done a study of that area as it relates to a water source. Commissioner Higgs stated since Osceola County has not indicated a desire to support annexation, it is irrelevant and the Board does not need to wade into that issue at this point. Chairman Carlson stated it may be of interest; and instructed Mr. Martens to advise the Board about the water quality issue.

Water Resources Director Richard Martens advised the ground water underlying Osceola County and Orange County is the Floridan Aquifer, which is a deep fresh water aquifer of more than 200 feet; the City of Cocoa's wellfield is in Orange County; it is an excellent source of water; but in Brevard County that same aquifer is saline with high levels of salt. He stated that transition takes place generally along the St. Johns River valley; in the area being discussed, there appears to be a thin layer of high-quality fresh water; however, below that is increasingly more saline layers of water. Mr. Martens advised there is some potential to develop a pure supply of water in the area; but that potential is relatively low; the pumping rate would have to stay low or the salt water would upwell and contaminate the wellfield; so there is some potential for local supplies, but whether it is great enough for significant public supply is questionable. He stated he does not believe the water quality there would support a wellfield such as the one operated by the City of Cocoa; that type of operation would result in significant salt water upconing; and once the salt water intrudes into the aquifer, more expensive treatment, such as reverse osmosis or other desalinization techniques would be required in order to use it as a public water supply.

Commissioner O'Brien inquired why is it called Fellsmere Grade; with Mr. Minneboo responding it starts on the Fellsmere side; and in the road business, a grade is the graded section of a road that is higher than either side of the road. He noted it is commonly called a grade in Florida. Commissioner O'Brien stated the report says it is approximately 20 miles in length; but it also says the road runs southeast from 441 for approximately five miles then runs east for five miles; and that is 10, not 20.

Mr. Minneboo advised the maps give a clear depiction of how and what made the problem unique; to the west of Brevard County is Osceola County and to the south is Indian River County; Fellsmere Grade goes for about five miles to Six Mile Creek Road; where it goes to the Tucker complex is shown in orange; what has changed dramatically is the St. Johns River Water Management District now has provided a major access to the St. Johns River on that side; but they have not allowed the public to use the levee section of the roadway to get to the area, so all access is by 441. He stated from the Government Center to the area is almost 70 miles in one direction; they have to go through Orange and Osceola Counties then come back; and what is unique is none of the roads are in Brevard County. Mr. Minneboo stated after doing a significant amount of research, staff found that Six Mile Creek and a great portion of Fellsmere Grade is in Osceola County; the direct line that goes east and west is in Indian River County; and the only work staff undertakes is the double parallel ditch which they clean the north side of because it is in Brevard County. He stated Chairman Carlson asked what staff would like to do; in trying to address what Commissioner Colon has expressed, staff would like to meet with the people who are directly affected by the changes that may occur; there are significant players, such as Osceola and Indian River Counties, and the St. Johns River Water Management District; and that would be the first step he would like to see undertaken. Mr. Minneboo advised the Agreement discussed is a 1980 Agreement that was done by the Board; both parties did not comply with that Agreement; Osceola County did not provide a budget each year; and there are a lot of mitigating circumstances with this issue. Mr. Jenkins noted Osceola County did give Brevard County a budget for this year.

Commissioner Higgs inquired if the Board has a right to approve that budget before they proceed; with Mr. Jenkins responding yes. Chairman Carlson noted there is an issue of the statute of limitation. County Attorney Scott Knox stated there is an issue, but he is not sure the Board can count on it; there are two ways it can look at the Agreement; it can look at the claim arising at the time the first payment was not made or look at the Agreement as an automatic renewing contract that is still good today. He noted he is sure Osceola County's position would be that it is still good today, if they get into a final writ; and he is sure the Board's position would be the other; so a judge would have to decide who is right and who is wrong.

Mr. Jenkins advised Osceola County is asking for $27,250.64 for the year 2001; and currently that area pays $750 into the Road and Bridge MSTU.

Commissioner Higgs inquired, given the length of the road and demands out there, is $27,250 to maintain it what Public Works would expect to spend on that road; with Mr. Minneboo responding yes, to maintain all of Fellsmere and Six Mile, that seems to be in line. Commissioner Higgs inquired where in the Agreement does the Board get to approve the expenses; with Mr. Minneboo responding in the 1980's they did not do budgets as they are done today; Mr. Jenkins and he had expressed to Osceola County they needed some type of budgetary information to bring to the Board and convey what the costs are; but he is not sure it is in the Agreement. Mr. Jenkins advised the Agreement says, "The amounts agreed to in paragraph 8, page 3; and it also says, "On or before 60 days prior to August 1 and each year thereafter, Brevard County will pay, upon completion of the maintenance setting forth the actual material, labor, equipment cost allocation, to amounts agreed to above for maintaining the road subject to this Agreement." Commissioner Higgs stated it is not clear in the Agreement; it is inadequate to deal with; and the Board needs to proceed with discussions on a new agreement.

Commissioner O'Brien inquired if Fellsmere Grade goes along the County line to Micco; with Mr. Minneboo responding yes. Commissioner O'Brien inquired if that is the 20 miles Mr. Minneboo referenced; with Mr. Minneboo responding no, it is about 11 miles from 441 to where the St. Johns River Water Management District has a gate, if his memory is correct. Commissioner O'Brien inquired if staff cleans the north side of the ditch because it is in Brevard County; with Mr. Minneboo responding yes, the north side and paralleling ditch. Commissioner O'Brien stated the area generates $751 per year in MSTU Road and Bridge tax; Osceola County said it cost $27,000 a year to maintain; and the real problem is the taxes being collected are nowhere near the cost to do the job.

Commissioner Higgs stated the road is not in Brevard County; while it serves people in Brevard County, it is totally in Osceola and Indian River Counties; and none of the public right-of-way is in Brevard County; with Mr. Minneboo responding that is correct. Commissioner O'Brien inquired then why is the Board discussing this; with Mr. Jenkins responding it has an Agreement that was signed in 1980 that says it will pay Osceola County, and Osceola County is pressuring Brevard County to pay it. Commissioner Higgs stated the deal is the road serves people who live in Brevard County; there are plenty of roads in Brevard County that serve people in other counties; and although she recognizes Brevard County has citizens living down there, it is Osceola County's road right-of-way and not Brevard County's road. Mr. Jenkins stated Osceola County wants the County to pay them in accordance with the Agreement. Commissioner O'Brien stated the residents use Fellsmere Grade to get back into Brevard County.

Commissioner Colon stated she wants to make sure there are two different issues; according to the records, it shows in 1996, Osceola County sent Brevard County an invoice requesting payment for the last 15 years at $378,000; Brevard County met with Osceola County and requested additional backup documentation; and another letter was sent out on September 11, 2000 asking for $145,000 for the last four years. She stated it was based on the Agreement; and whatever the technicalities are, the road was maintained according to the Agreement they believed they had with Brevard County. She expressed concern about keeping the two issues separate; and inquired what the Board wants to do with the letter dated September 11, 2000 requesting $145,000. She stated they are not asking to go back 15 years; and requested the Board allow her to speak to all the parties involved and come back to the Board with some feedback and maybe have more concrete numbers. She stated she prefers to keep the two items separate so the Board does not spend all day talking about something and not allow the opportunity to get some feedback from the community.

Commissioner Scarborough inquired if Osceola County would maintain the road if Brevard County residents did not use it; with Mr. Jenkins responding yes, there are some property owners from Osceola County in that area and some from Indian River County. Commissioner Scarborough inquired if staff tried to break it down as to how much Brevard County residents use it as compared to the other people; with Mr. Minneboo responding they have not done that yet. Commissioner Scarborough stated that may be helpful for Commissioner Colon when she gets into discussions with the people involved; he does not want to get into an argument with a fellow county because that is not productive; there are many things the County can gain by working with other counties; but it needs to understand to what extent Brevard County residents benefit and what staff would estimate the cost of it is because there should be a cost benefit. He stated even though the revenues may not be sufficient, it should deal with a fellow county on fair terms; and the only way it can determine fair terms is to give Commissioner Colon as much analysis of the usage as possible.

Mr. Jenkins advised Commissioner Colon has accurately described the issues; there is an issue of past tense the Board has to deal with; and the second issue is the future of Brevard County's involvement, which she will meet on with the residents and other players. He stated one of the outcomes of her discussions may be cancellation of the existing Agreement and negotiations of something different; in the meantime, the County still has a legal obligation to Osceola County; and he feels strongly, if it does not come to some mutual satisfaction, it is going to end up in litigation. He stated Osceola County feels strongly about this issue; so the Board may want to separate the existing obligation and how it can settle that, and allow Commissioner Colon to work on what occurs in the future in terms of any agreement.

Motion by Commissioner O'Brien, to authorize the County Manager or his designee to enter into negotiations with Osceola County to determine a satisfactory dollar amount for maintaining Fellsmere Grade.

Mr. Jenkins advised he is expecting written communications from the County Administrator with a proposal for past obligations; and as soon as he gets that, he will bring it to the Board.

Commissioner Higgs inquired if the County has a bill other than the letter of February 8, 1996 from Commissioner Dunnick that outlines the costs; with Mr. Jenkins responding that is what was in the file; and the last time he and Mr. Minneboo went to Osceola County for a joint meeting with the County Administrators and staffs from Osceola and Indian River Counties, their Road and Bridge Director indicated he could justify those expenses. Commissioner Higgs inquired if Osceola County invoiced Brevard County other than February 13, 1996; with Mr. Jenkins responding that is all they have in the file. Commissioner Higgs inquired if the County received invoices subsequent to 1996; with Mr. Minneboo responding not to his recollection. Mr. Jenkins advised Commissioner Dunnick of Osceola County has not let the issue rest; he has raised it verbally on more than one occasion; and they had considerable discussions with Osceola County. Commissioner Higgs stated the Board has not budgeted money for it; it has not seen an invoice from Osceola County; and nothing is in the budget for it.

Chairman Carlson inquired if staff continued communication with Osceola County from the beginning looking for budgetary direction; with Mr. Jenkins responding staff told them in 1996 they had an obligation to provide an annual budget; and the new County Administrator gave Brevard County a budget for this year. Commissioner Higgs inquired if that is the only one received; with Mr. Jenkins responding yes, except for 1996. Chairman Carlson stated prior to that time there were no communications on the issue; Osceola County was not coming through with its end of the Agreement; and Brevard County was not acknowledging it either. Mr. Jenkins noted prior to 1996, he is not sure anyone was aware of the issue.

County Attorney Scott Knox advised the Florida Legislature in 1999 passed a conflict resolution statute, which deals directly with conflicts between local governments, state governments, and various other governmental agencies, and requires that the governmental entities try to work out any problems before it gets to litigation; so even if a suit is filed tomorrow, it would be abated and the Board and the Osceola Board would have to designate people to negotiate the resolution of dispute; and failing that, the Boards would have to get together and try to work it out according to the Florida Statutes.

Commissioner Higgs stated it is appropriate for Mr. Jenkins and Commissioner Colon to meet with affected people and the County Administrator from Osceola County to work out a resolution; she does not believe it is totally the responsibility of Brevard County to pay for roads in Osceola or Indian River Counties; and Osceola County has not properly presented its costs to this Board over the years; however, the Board needs to resolve the problems and negotiate a new agreement.

Mr. Jenkins advised in October or November, 2000, staff negotiated with Osceola County to pay it $145,000 in arrears and begin paying $23,000 a year; the County Administrator accepted that, recognizing he had to take it to his Board; and if they approve it, that is probably a fair settlement on the part of Brevard County. He noted the future issue is what Commissioner Colon will be working on. Commissioner Higgs inquired why $145,000 is fair; with Mr. Jenkins responding because Brevard County has an Agreement with Osceola County since 1980 and it would be more than that amount. Commissioner Higgs stated Osceola County did not abide by the Agreement by not presenting its bills as required.

Commissioner Colon stated Brevard County was made fully aware of its responsibilities as of 1996; so she does not want the Board to have the attitude that just because it did not get a bill, it would not pay. She stated it was a responsibility according to the Agreement; they are not trying to go all the way back to 1980; she wants the Board to have a working relationship with Osceola County and see what is fair; and if they do the numbers since 1980, it would be more than $145,000. Chairman Carlson stated they did the numbers and the invoice is $361,000 since 1979-80; and inquired if there is a time frame to resolve this issue. Mr. Jenkins advised Osceola County is pressing the issue; staff will schedule a meeting as soon as it can; and the future issue will take Commissioner Colon longer because it involves meeting with all the property owners in the area.

Commissioner Higgs inquired if the Board wants to cancel the Agreement and renegotiate. She stated the Agreement provides that either party can terminate upon expiration of the initial term or any renewal by providing written notice to the other party at least 60 days in advance; and it is not an acceptable Agreement to her. Mr. Jenkins stated the Board can cancel it now or wait until Commissioner Colon has discussions with the residents. He stated Indian River County has negotiated, in conjunction with Brevard County, and was going to make similar payments to Osceola County; there are multiple parties involved; but the Board can cancel the Agreement now or wait until after the meetings and discussions. County Attorney Scott Knox recommended the Board leave the Agreement as is for now and try to work out a deal.

Chairman Carlson inquired where does that leave Brevard County since staff negotiated something already; with Mr. Knox responding the fact that the Board is negotiating settlement of the lawsuit does not leave it anywhere except settling a lawsuit that is potentially in the horizon; and that does not compromise its position. Mr. Jenkins advised neither Board of County Commissioners approved the negotiations, so they are not binding on anyone. Chairman Carlson inquired if a motion is needed; with Mr. Jenkins responding they need permission to try and resolve the contractual issues while Commissioner Colon negotiates future issues. He stated staff will meet with Osceola County if they can get everybody together in the next 30 days, but the other issue will take longer.

Commissioner O'Brien advised the County Manager needs sufficient time to meet with the other County Administrators; so his motion would be to authorize going forward without a time limit. Mr. Jenkins stated staff will move expeditiously because there is potential of litigation.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to authorize the County Manager or his designee to meet with County Administrators of Osceola and Indian River Counties regarding payment for maintenance of Fellsmere Grade. Motion carried and ordered unanimously.

Chairman Carlson inquired if Commissioner Colon needs a motion to proceed; with Commissioner Colon responding no, she has already committed to meet with the residents.

RESOLUTION, RE: DESIGNATING CHILD CARE ASSOCIATION OF BREVARD COUNTY
AS COORDINATING AGENCY FOR CHILD CARE SERVICES IN BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution renewing designation of the Child Care Association of Brevard County, Inc. as the coordinating agency for child care services in Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 01-070.)

DISCUSSION, RE: CHILD CARE ASSOCIATION'S LEGISLATIVE PRIORITIES

Barbara Moore, Child Care Association of Brevard County, Inc. Director, requested approval of their legislative priorities, and for the County's lobbyist and staff to lobby for the issues that are important for children. County Manager Tom Jenkins advised if the Board is asking its lobbyist to do it, it will need to adopt the legislative priorities as its own.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt the legislative priorities recommended by Child Care Association of Brevard County, Inc.; and authorize lobbying for the priorities adopted by the Florida Children's Forum. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING CIRCLES OF CARE'S PROPOSAL TO ESTABLISH A
FLORIDA ASSERTIVE COMMUNITY TREATMENT TEAM FOR BREVARD COUNTY

Margaret Morgan, representing South Brevard National Alliance for the Mentally Ill (NAMI), advised NAMI supports Circles of Care's proposal to establish a Florida Assertive Community Treatment Team (FACT) for Brevard County; NAMI has 103 members and is growing; it is national and unique in that it is for families and consumers; and its connection with Circles of Care is a two-way street, to provide a resource, support, and action. She stated State funding is now available for 13 additional FACT teams in 2001; one is allocated to this District; and Circles of Care has submitted a proposal which covers all of Brevard County. She stated the FACT team is an outreach to mentally-ill homeless citizens; Circles of Care can do the job, which will benefit a hard to reach group, the homeless; Mr. Whitaker and staff have put forth an excellent proposal; and requested the Board's strong support of the proposal, noting no money is involved.

Bill Lestourgeon, NAMI member, advised he has a child in Circles of Care; the proposal is to reach the people who do not walk into the office and ask for care; and requested the Board support it.

Freda Schildroth, President of NAMI-Space Coast, Inc., advised she is here to support the request to adopt the resolution supporting Circles of Care's proposal.

Chairman Carlson advised there will be no fiscal impact to Brevard County; and if Circles of Care is successful in establishing a FACT team, it will realize approximately $1.25 million in annual funding.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution supporting the Circles of Care, Inc.'s proposal to establish a Florida Assertive Community Treatment (FACT) Team in Brevard County to serve the mentally-ill residents who do not respond to traditional treatment.

Commissioner O'Brien advised the Agenda Report does not mention homeless people; it mentions families and individuals experiencing acute problems; and the FACT team interventions can shorten or reduce hospital stays for mentally-ill residents. He stated homeless people are not necessarily residents of Brevard County; and the majority of the 1,700 homeless persons in Brevard County are not families, but individuals. He requested Mr. Whitaker explain what the grant will do for Brevard County.

James Whitaker, Director of Circles of Care, advised there are many people with mental illness who are difficult to keep in the system because they will not take their medications and do not have total family support. He stated they see them in and out of the crisis unit and jail, and police and Coastal ambulance carry them back and forth; they do not take their medication and do not have jobs; they go in and out of housing, so they are temporarily homeless; and they are the 100 being targeted, as they are the most recalcitrant. He stated they are ministering to people who have lived in Wickham Park for seven or eight months; their children go to school in Brevard County; and some of them have mental and emotional problems, but are not transients. He stated the grant is to target 100 people out of the 16,000 they see every year who do have mental and emotional illness and are the most difficult to reach; it is an in-your-face program because they are available seven days a week, 24 hours a day, 365 days a year; and staff will be on duty 16 hours a day five days a week and eight hours on Saturdays, Sundays, and holidays, plus be on call. Mr. Whitaker advised 75% of the work is outside the office, on the streets, in emergency rooms, homeless shelters, the jail, and in homes of the families to intervene with the family members before 911 is called and the police have to respond; and the goal is to get the right people in treatment and on the right medication, train families and caregivers on what to do, give them medication, find housing, and job training, and make them respectable citizens. He stated there is no match dollars required; it is a win/win situation; and it will hopefully save lives and money in the long run. He noted they have had terrible instances in the last few years with people jumping in front of trains, family members being shot, and a law enforcement officer being killed in Seminole County by a recalcitrant person. He stated the 100 persons they are targeting are the most difficult patients to treat; the State is waking up to the fact that those people cost money; a judge in Miami said 15% of the people account for 70% of his cases in mental health court; so it would be foolish not to go forward with this opportunity. Mr. Whitaker advised they are in competition with three sister counties, so there is no guarantee they will get it, but a resolution from the Board would be helpful and strengthen their proposal. He stated the Board has been supportive of mental health; and whether it adopts the resolution or not, he appreciates all the help and support. He stated those targeted individuals do not want help; but they are going to try their best to give them an opportunity to accept help by not taking no for an answer.

Commissioner O'Brien inquired if Brevard County has the largest population of the unserved counties, does that mean its population is larger than Orange County; with Mr. Whitaker responding no, Orange County has a FACT team, and Brevard County has the largest population of the counties that do not have a FACT team. He stated the team will cover the entire County and people will be located in North, Central and South Brevard so they can respond within 30 minutes or less, even in the middle of the night if that is when a parent and child are having problems which may result in a difficult situation. He noted they do not need to be in the emergency rooms and crisis units; and the police are busy enough without being involved in these types of cases unless they have to be. Commissioner O'Brien inquired how will the FACT team relieve the overcrowded jail; with Mr. Whitaker responding they can provide an alternative to many of the jail population; and part of it is to provide medications that are required but are very expensive and not covered in the jail's budget. He stated the State added money in the grant so they can do that; and if they have a willing client and willing prosecutor, and the person will take the medication, they have an opportunity to move them out of the jail; however, they want to prevent them from getting into the jail because it costs the taxpayers a lot of money for them to go through the process. Commissioner O'Brien inquired if Circles of Care will do rehabilitation; with Mr. Whitaker responding they do rehabilitation as well. Commissioner O'Brien stated it is important to get those people out of the jail; with Mr. Whitaker responding there is better use for the jail than having alcoholics, drug abusers, and mentally ill patients in there.

Commissioner Colon advised she wants to bring to the Board's attention that it is talking about the homeless and it needs to be realistic; as elected officials they sometimes do not want to bring that issue forward; and it is a shame that sometimes they do not want to discuss it. She stated HOPE conducted a count of homeless people; it involved a lot of agencies; her office was instrumental also with one of her aides out there counting; it is heartbreaking; and sometimes they do not want to discuss those things, but there is a percentage of children out there. Commissioner Colon advised she will ask Lisa from HOPE to do a presentation to the Board, so it can see how realistic it is in Brevard County; sometimes they do not want to talk about it and do not want to see it in its face, but it is there; and they are Brevard County residents. She stated it is affecting the health industry, schools, law enforcement, and the County; the partnership has to be there; and they are talking about individuals who are going to work and coming back and trying to protect their families who live in cars and parks. She stated the reality is they are not people who are passing through the area; they are people who used to be engineers, etc., so it is something that is very serious; the best thing to do is educate elected officials because sometimes they do not realize the dilemma that is out there; and in order to do that, she will bring that information forward to the Board so it can realize that the issues are real and need to be discussed. Chairman Carlson inquired when will Lisa make a presentation; with Commissioner Colon responding she will arrange it.

Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously. (See page for Resolution No. 01-071.)

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS FOR
WILLIAM McMILLAN (CONTINUED)

Commissioner Scarborough advised the Board heard from staff that the three-part criteria for vested rights were met by the advice of the County being relied upon with dividing of the lot; then the issue goes to public health, safety, and general welfare of surrounding neighbors. He stated the Board heard conflicting testimony as to the wetland conditions and how that may be impacted; it needs to get into that subject further; and Debbie Coles has some maps for the Board to review. Ms. Coles advised the 1981 map is a National Wetland Inventory Map; there are several dark lines on it; and at the bottom is Mr. McMillan's parcel outlined by a dark line and labeled PEM 1A, which indicates there are wetlands in that area. She stated the maps were done utilizing primarily aerial interpretation, but there was some ground tracking done.

Commissioner Scarborough inquired if PEM 1A is different than PEM 1C that is shown to the right; with Ms. Coles responding yes, A and C at the ends speak to the frequency and duration of flooding associated with wetlands or hydro periods; A is more fluctuating and C is more continuous; and as expected, the fringes of a wetland have water that comes and goes seasonally and comes above the ground surface, but persists more in the center area. Commissioner Scarborough stated if that is the case, the residents live in the wetlands and Mr. McMillan's property is dryer land; with Ms. Coles responding the A is still wetlands, but the A talks about how often the water comes above the ground surface. She stated wetlands can still be wetlands without water coming above the ground. Commissioner Scarborough inquired if A or C is wetter; with Ms. Coles responding C. Commissioner Scarborough stated the people's properties are wetter than the subject property that has been declared wetland. Ms. Coles advised the property to the north has wetter areas; there is a line that goes to the central circle; and the properties of the people are not in the C area and are completely out of the wetland area. She stated it is an area the Inventory designated as uplands or not wetlands; so the properties the people live on are neither A nor C.

Ms. Coles advised the second map is the Soil Survey by the Soil Conservation Service, conducted in 1972; the two soils on the property are basinger and anclote; anclote is not listed on the County's list of hydric soils, but it is on the State's list; and 80 to 90% of the time anclote in the County is associated with wetlands. She stated basinger sometimes can be associated with wetlands because of the topography of the land; and the situation in this area is that the water is probably pushing up towards the ground surface and maintaining the wetland.

Commissioner Scarborough stated if the data is accepted, the parcel in question where vested rights are being requested is and has been wetlands that precede the building of homes out there; and the nature has not changed with the building on those lots. He stated what becomes difficult is if it creates imminent peril to public health, safety, and welfare of the surrounding residents; and inquired by allowing building in a wetland area, has the Board encroached upon that territory of imminent peril.

Commissioner Higgs stated that is an interesting question; and if the Board says there is imminent peril if the McMillan property is developed with a single-family home, it will have wide implications, because the Board currently allows development in wetlands with certain conditions; and if it wants to say there is imminent peril, it may be getting ready to buy all those parcels. She suggested staff get a count of the number of one-acre parcels that have wetlands if it is going down the imminent peril road. Commissioner Scarborough stated if someone came in today and wanted a building permit for a one-acre lot in a wetland, the County would say no. Planning and Zoning Director Mel Scott advised it would depend on whether it is a nonconforming lot of record or created prior to 1988; but a one-acre lot created after 1988 would not be approved for development. Commissioner Higgs stated she has seen the numbers on parcels that have wetlands and would meet the new imminent peril criteria; it is a far-reaching decision for the Board to make; and it does not have the data to make that decision today.

Commissioner Scarborough stated there are also reverse vested rights that have occurred because John Bowles decided to proceed with building his home with the understanding the property behind his property was not going to be developed. Mr. Knox advised Mr. Bowles relied on a representation that no wetlands would be developed behind his property; Mr. McMillan relied on representation that he could develop those wetlands; so there is a double reverse vested rights issue. Commissioner Scarborough inquired how does the Board respond to that; with Mr. Knox responding it is one of the considerations the Board has in determining whether Mr. McMillan should get his vested rights; it goes to the issue of whether it meets the criteria of imminent peril; the only standards the Board has are imminent peril, good faith reliance, and substantial change of position; and if he meets those criteria, he would get vested rights; and if he does not, he would not get it. He stated the issue boils down to whether or not the Board has a situation of imminent peril. Commissioner Scarborough stated it is touching on imminent peril, but it goes to the general public's safety, health, and welfare; and Mr. Bowles has a specific act of reliance on the County which changed his position. Mr. Knox advised he heard from one of them that their property would be devalued if it is determined that Mr. McMillan has vested rights; and he suspects there is a mechanism that provides for reimbursement for diminution of value if they establish a claim. Commissioner Scarborough inquired if the Board is stuck with paying somebody off; with Mr. Knox responding it sounds like it. Commissioner Scarborough stated somebody is going to get some money from the County because both sides cannot win. Mr. Knox stated Mr. McMillan's chances of getting money is probably less than Mr. Bowles would be at this point; but that is determinative of whether or not the Board approves vested rights by its criteria. Commissioner Scarborough stated if the Board approves the vested rights, it may diminish someone's property value, and may need to address that with some type of compensation. Mr. Knox stated they have to come in and file a claim; and that may be the way it goes.

Commissioner O'Brien stated in 1986, the County rezoned the property to RR-1, which allowed the creation of a flag lot; there was an act or omission by the County by not informing the property owner that the Comprehensive Plan changed that later; and the property owner acted in good faith and relied on the County when the County did not confer with Office of Natural Resources Management to inform him that he may have a problem. He stated the list of hydric soils mentioned are not even on the County's list; without that, the Board cannot expect a property owner to check the State's list next; and it is either on the County's list or it is not because the County is what the property owner relies upon for sufficient and proper information. Commissioner O'Brien stated if the property is in A, it is higher than the lot on the front; Mr. McMillan was allowed to create a flag lot; the property was rezoned RR-1, which said he can put one building per acre on it; and now the County is turning around and saying the acre is totally wet. He inquired if the County is going to buy that acre from Mr. McMillan and leave it as is so Mr. Bowles has the use of that acre for free for as long as he lives there; and the County will have the liability and responsibility for it and will have to maintain it to avoid Code violations.

Commissioner Higgs stated she cannot agree with Commissioner O'Brien's assumption that giving RR-1 zoning vested it with anything other than RR-1 zoning; and what she has always heard is that zoning does not necessarily vest a property owner with any particular right. Mr. Knox stated that is correct, as long as the Board does not change the zoning because the property owner requested it. Commissioner Higgs stated either decision puts the Board in an interesting position; if it goes with imminent peril and denies Mr. McMillan's vested rights, then it has to readdress thousands of parcels; Mr. Bowles potentially has a claim against the County but that is yet to be seen; and this is an opportunity for staff to further negotiate the issues, because either way, the decision will be far-reaching. She stated she would support directing staff to meet with Mr. McMillan to see if there is some way to work out the issues, and to continue the public hearing to the next meeting.

Commissioner O'Brien inquired if Mr. McMillan's parcel is wet or not; with Commissioner Scarborough responding Ms. Coles said the neighbors' parcels are uplands with no wetland designations, and Mr. McMillan's parcel lies in the lesser wetland with an A designation. Commissioner Scarborough stated the properties of the people who spoke in opposition lie outside of all wetland areas; with Commissioner O'Brien responding that is not true. Ms. Coles stated their buildings are completely out of any wetland area, and there is a minute area that comes into the backyard.

Commissioner Scarborough stated the Board needs to help staff and make a determination that Criteria 1, 2 and 3 have been met by Mr. McMillan; and to the extent it can, make a sequence of decisions and determine the same sequence for Mr. Bowles, but get more information on the impact of imminent peril and what it would mean to similarly designated parcels in the County. Mr. Knox stated the imminent peril issue is a broad standard that only applies to vested rights; there is some language that is similar to it in the Comprehensive Plan; and maybe that is what Commissioner Higgs is concerned about. He stated the Board needs to have staff review the language in the Comprehensive Plan and see how it compares to the imminent peril language of the vested rights provisions. Commissioner Scarborough inquired if it is all right for the Board to make some findings that the criteria have been met, but that it needs to come to a certain threshold; with Mr. Knox responding he does not have a problem with that.

Commissioner Higgs stated if findings of fact are made, it is basically making the decision; with Commissioner Scarborough responding no, because it is finding to certain elements but not the final connection because the overall criteria need to be met. He stated if the Board finds that Mr. McMillan has met Criteria 1, 2 and 3, it does not give him vested rights because he has to meet the overall criteria. He stated the recourse to find that Mr. Bowles has met the criteria is not defined in the proceedings; but the Board has found those things to be true; and inquired how will it deal with those issues. He inquired does it say that it finds Criteria 1, 2 and 3 as to Mr. McMillan, yes; does it find Criteria 1, 2, 3 for Mr. Bowles, yes; but do they in fact result in vested rights, no, because of the other issue that exists. He stated there is no discussion about some other property owner who has been adversely affected; and if the Board does not come to a point on this item, it will just go back and regurgitate.

Chairman Carlson stated Mr. Bowles did not apply for vested rights. Commissioner Scarborough stated that is part of the dilemma; however, he may have as much right as Mr. McMillan; and inquired if the Board grants Mr. McMillan his vested rights, has it denied Mr. Bowles' vested rights. He inquired just because Mr. Bowles did not request it and somebody else did, does that take it away from him; why would Mr. Bowles request vested rights unless Mr. McMillan's vested right request is the action that takes it away from him; and can the Board take one person's vested rights away by granting somebody else's vested rights. Mr. Knox stated the Board can, but it has consequences; Mr. Bowles will probably ask for whatever he perceives to be the diminished value of his property because he did not get what he expected to get which was wetlands behind him; and it may be wise to send it back for further discussions with Mr. McMillan.

Commissioner Scarborough stated he does not know if it has gone to vested rights because conceivably there could be something else out there that staff may stumble upon; he does not want to make that determination; and he wants to make the determination that the Board has come to a certain moment on this item. Commissioner Higgs stated there are dual issues that lead both ways.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing on the request for determination of vested rights for William McMillan to March 20, 2001, and direct staff to work further in defining the issues for the Board to consider.

Commissioner O'Brien stated the question before the Board is about the McMillan property and no one else's property; the County's regulations give the criteria for consideration of vested rights; and the Board is here to determine Mr. McMillan's vested rights. He stated there was an act or omission on the part of the County; and the property owner acted in good faith reliance on the County's act or omission, substantially changed his position based upon reliance on that act or omission, and made a flag lot of his property. He stated Mr. McMillan has met the criteria; and even if the Board does not like the results, it cannot go back and change the criteria now. Commissioner Scarborough stated the Board is not denying it and in fact agrees with everything Commissioner O'Brien said. Commissioner O'Brien stated if that is the case, the Board has to give Mr. McMillan his vested rights, and Mr. Bowles can come back with an MAI certified real estate appraisal saying that his property value has gone down. He stated the County has made more expensive mistakes than that; but if that is what it has to do to give Mr. McMillan his rights, that is what it should do. He stated Mr. McMillan has met the vested rights criteria; and the Board cannot start changing the rules now because that is not right. Commissioner Scarborough stated no one is suggesting changing the rules. Commissioner O'Brien stated he cannot support the motion because Mr. McMillan does meet the criteria for vested rights, all three parts of it; and with that fact, the motion should be to grant him his vested rights. He stated Mr. Bowles would probably sue the County for devaluing his property; but that is what has to be done; and if Mr. Bowles is correct and can prove it, the County would have to pay him. He stated the County made a mistake, and Mr. McMillan depended upon what he was told.

Commissioner Higgs stated a motion to table does not allow debate. Commissioner O'Brien stated his light was on before the motion.

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

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ADDRESSING
LANDSPREADING OF DOMESTIC WASTEWATER RESIDUALS

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to grant permission to advertise a public hearing to consider an ordinance relating to landspreading of domestic wastewater residuals and septage disposal. Motion carried and ordered unanimously.

ACCEPTANCE, RE: INVESTMENT ACTIVITY REPORT AS OF JANUARY 31, 2001

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to accept the Investment Activity Report as of January 31, 2001, as prepared by the Finance Department. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DOUG ROBERTSON, MODIFICATION OF PUD ZONING
ORDINANCE

Doug Robertson, Consulting Director of Merritt Island Redevelopment Agency, advised they would like to encourage more PUD's within the redevelopment area because they provide flexibility in design, which is often what is necessary for redevelopment projects. He stated currently the minimum size for a PUD is ten acres; sites of ten acres are often difficult to assemble within highly developed areas; and requested the Board instruct staff to advertise a change to the PUD Ordinance reducing the minimum size from ten acres to seven acres within the boundary of the redevelopment area only, which would read: "The minimum parcel size for a PUD shall be ten acres except within the Merritt Island Redevelopment area where the minimum parcel size for a PUD shall be seven acres." Mr. Robertson advised he had discussions with County staff Rick Enos and Mel Scott who may support this request; and requested the Board allow staff to advertise a public hearing to make the change.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to authorize staff to advertise a public hearing to consider an ordinance reducing the PUD parcel size requirement from ten acres to seven acres only in the Merritt Island Redevelopment area.

Commissioner Scarborough advised he will vote for the motion; however, the Board has been asked, from time to time, to create different rules for different areas of the County; he has opposed that because if it does it for one area, it will have separate rules for Suntree, South Beaches, etc. and will have multiplicity of different rules throughout the County; and he is not sure that will be good in the long run. He stated this request is for a redevelopment area, and he does not mind it, but there is still an underlying concern.

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

PERSONAL APPEARANCE - MARJORIE DERRICK, RE: PROPOSAL TO MITIGATE
MIGRATORY BIRD DEATHS FROM COMMUNICATIONS TOWERS

Marjorie Derrick advised this devastating environmental problem is so recent that the first discussion for official research protocols was held in April, 2000, and the first research request was put out by the U.S. Fish and Wildlife Service in September, 2000; and that problem is the lethal impact of communications towers on migratory bird populations. She stated numerous studies of individual towers are showing enormous numbers of birds killed in collisions with them; and it is estimated that five to six million birds are killed annually across the nation. She noted in Leon County, Florida, Robert L. Crawford and R. Todd Engstrom at Tall Timbers Research Station near Tallahassee, conducted a 29-year study of one television tower in North Florida; they documented the deaths of about 40,000 birds; but a problem with the study was that predators like raccoons and possums often got to the birds before the researchers could collect them; and when they introduced predator control, the number of birds collected went up 71%. Ms. Derrick advised according to the National Wildlife Federation, in one winter storm in Kansas in 1998, about 10,000 Lapland longspurs died at a group of towers; collision is not the only concern; and there is also potential incineration from ultra-high frequency towers (UHF) which can cause blindness and other serious burn injuries. She stated the problem with towers went unnoticed because it was cumulative; it was recognized that bird populations declined by 50% since the 1940's, especially songbirds; and it was about then that the first television towers were put in place. She noted since there were so few of them at first that their significance for the future was overlooked; as towers proliferated, scientists still failed to make the connection; they were more concerned with loss of habitat; but studies of towers started to accumulate, and the evidence revealed their lethal effect. She stated when the problem was recognized, the U.S. Fish and Wildlife Service formed a working group consisting of communication tower manufacturers, scientists, and environmentalists; the group met in April, 2000, to formulate research protocols; and in September, 2000, they issued their first research request. She stated in the meantime, Fish and Wildlife Service had enough evidence based on available research to formulate preliminary guidelines; among its recommendations are avoid guy wires, use monopoles, locate towers near lighted areas, group towers together, etc.; and contained in the guidelines is a tower site evaluation form for use in evaluating proposed towers. Ms. Derrick advised in checking the Brevard County tower construction regulations, she found no environmental impact statement required outside of a general requirement that tower construction conform to the federal law; newspaper articles show that the subject was discussed at great length and every environmental organization in the area had more than enough time to bring up the subject; but the truth is everyone was caught unaware. She noted it did not occur to anyone to raise the issue; and if they did, they had little evidence on which to base their objections. She stated it would seem on the surface that conformity to federal law should offer sufficient protection; in 1969 the National Environmental Policy Act (NEPA) was passed requiring all federal agencies to make environmental considerations part of their decision-making process; the Federal Communications Commission (FCC), which licenses towers, complied by requiring the industry to review any proposed tower construction for environmental consequences; if there might be an effect on listed, threatened, or endangered species or on critical habitat, a full environmental assessment must be conducted; but if no significant impact was found, the applicant could mitigate or eliminate it. She stated if the impact could not be eliminated, the application may be denied, or FCC may work with the applicant to go on with the project and register a written environmental impact statement for the Federal Register. She stated that should have provided sufficient protection, but it has not worked that way; she had contact with Gerald Winegrad, Vice President for Policy of the American Bird Conservancy and member of the Fish and Wildlife Working Group, who works with a White House staff scientist on the subject; and she read a portion of an e-mail received from him on February 9, 2001, as follows: "The Federal Communication Commission refused the request of the Director of the U.S. Fish and Wildlife Service to prepare an environmental impact statement under the National Environmental Policy Act on the cumulative impact of communication towers on migratory birds. This was not to do an EIS on individual towers, but to do what is known as programmatic EIS. The letter was quite strong. FWS Director Jamie Clark had written the Chairman of the FCC on 2 November 99 urging a programmatic EIS to be done under NEPA to determine the extent of avian mortality at towers and to arrive at mitigation measures to prevent such deaths. Responding some four months later, the FCC Chairman declined the request to comply with the National Environmental Policy Act. The FCC will continue to cooperate in seeking solutions the Chairman noted." Ms. Derrick advised Mr. Winegrad said there is no way the FCC can be forced to act because it is a semi-independent agency; not even Congress has the power to make it do anything; and as a result, some of the 78 conservation organizations involved with this issue are considering suing the FCC, but it could take a very long time to get any results from that. She stated meanwhile there are about 92,000 lit towers in existence; that is an FWS figure as of September, 2000; 13 months before, the figure was almost half that; and 100,000 more will be added in the next ten years, not to mention the other communications towers that continue to be built. She noted the effect on migratory birds could be a disaster; the big area of research that needs exploration right now is mitigation according to Mr. Winegrad; and how the towers can be made safer is included in the FWS guidelines, which reflect the most contemporary research and are designed to mitigate the problem as far as possible on an ongoing basis. She stated unfortunately, the guidelines have no legal standing; they are only recommendations; the FWS does not have the ability to enforce them; but there is a way to give those guidelines a legal standing for enforcement, and that is for local governments to include them as a mandatory requirement in their tower licensing regulations. She stated while it cannot solve the problem of bird deaths altogether, it can help mitigate it while research continues. Ms. Derrick advised the thrust of it would not be to stop all tower construction, but to raise the level of responsibility for its environmental impact; and requested the Board include the U.S. Fish and Wildlife Service guidelines in its tower permit regulations as a mandatory requirement for new tower construction and old tower re-licensing; and where they cannot conform to the guidelines, a written justification from the applicant be required for review by the Board. She requested including a stipulation that the most recent version of the FWS guidelines be followed because the present guidelines are only preliminary; and as research goes on, they may change. She stated there are many arguments to support this action; Brevard County is part of the Atlantic Coastal Migratory Bird Track; millions of birds fly through here annually, including 21 listed, threatened and endangered species that winter here; all migratory birds are protected under the Migratory Bird Treaty Act; and some are protected under the Endangered Species Act and the Bald and Golden Eagle Act. She stated Brevard County's coastline, where most of the birds go through, is exceptionally long; Brevard County has four national wildlife refuges--Merritt Island, Archie Carr, Pelican Island, and Cape Canaveral National Seashore; and as of October, 1999, there were over 200 towers in Brevard County. She stated with a continued proliferation of communications towers in the County, the tower kill rate will greatly increase unless mitigation measures are enacted. She noted because the FCC has refused to act in accordance with NEPA to protect migratory birds, it is being left up to local governments to act or the birds will be lost forever.

Commissioner Higgs recommended staff review the U.S. Fish and Wildlife's preliminary guidelines against the Ordinance regulating towers, and give the Board a report on how it can implement those guidelines and the consequences of that implementation. She stated it should be in terms of new and old permits.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to review the preliminary guidelines on siting, construction, operation, and decommissioning of communications towers presented by the U.S. Fish and Wildlife Service against the County's Ordinance regulating towers, and provide a report to the Board on how they can be implemented in terms of new and old conditional use permits, and the consequences of the implementation.

Chairman Carlson inquired if the Michigan model regulation talks about environmental assessment; with Ms. Derrick responding not really, it just incorporates the FWS guidelines.

Commissioner O'Brien stated there was mention of changing tower lighting devices; there is enough visual garbage along the skyline already; but he likes the monopole recommendation. He advised of the number of towers that are visible from Cocoa Beach across the Banana River, and from Cape Canaveral. Ms. Derrick stated she understands eventually towers can be eliminated as technology develops; with Chairman Carlson responding they need satellites in space first. Commissioner O'Brien stated a company that had 53 satellites went bankrupt and had to crash all the satellites back into the atmosphere because nobody would buy them. He identified the mortality rates at communication towers for the yellow railed or wood thrush, black-throated blue warbler, worm-eating warbler, painted buntings, Tennessee warbler, and yellow throats, with the yellow throats being number one on the list. He suggested staff look at the regulation that does not allow siting towers in or near wetlands, because sometimes they are better off there, depending on the lighting. He stated manatees congregate around the towers by the Port for food; the statement that says "in habitat of threatened or endangered species" should clarify that it is bird species only; and the statement, "towers and dependent facilities should be sited and designed and constructed as to avoid or minimize habitat loss, in addition to the footprint," should consider that larger tower footprints are preferable to using guy wires. He stated "road access and fencing should be minimized or reduced to prevent habitat fragmentation" is good, and he is glad Ms. Derrick brought it to the Board's attention. Ms. Derrick noted she has a lot more which she could furnish to staff. Commissioner O'Brien stated tower owners are responsible to the general public because they have structures that may be killing machines; and if the Board wants to retrofit those towers with plastic flags or some other objects that would warn birds they are there, it may want to put that in a regulation requiring every tower in the County to have some type of device that would warn the birds of the towers.

Chairman Carlson advised the guidelines would answer a lot of those questions, but she also wants to ensure the proliferation issue is considered; and recommended the application process eliminate spec towers by requiring technical necessity during the application process. Commissioner Higgs stated the Ordinance requires demonstration of technical necessity. Assistant County Manager Peggy Busacca advised the technical necessity is not required at application, and sometimes that information is not provided until the application has been put on the Agenda, which is what happened to the DOT application. Commissioner O'Brien recommended in the future, applications for towers not be put on the Agenda until all the criteria are met. Chairman Carlson inquired if the maker of the motion wants to include the housecleaning piece; with Commissioner Higgs responding affirmatively.

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

Chairman Carlson inquired if a time frame should be included, and if 60 days is sufficient; with staff responding affirmatively. Chairman Carlson advised staff will return with a report to the Board in 60 days.

PERSONAL APPEARANCES - LIBBY DONOGHUE AND ROB RAINS, CRISIS
SERVICES OF BREVARD/UNITED WAY, RE: SUPPLEMENTAL FUNDING
NEEDS FOR OPERATION OF 211 INFORMATION SERVICE

Libby Donoghue, Director of Crisis Services of Brevard, advised Crisis Services and the United Way have been working together to create the seventh 211 system in the country and the first in the State of Florida; and in July, 2000, the Federal Communications Commission (FCC) designated 211 as a simplified access number for citizens looking for information about community resources, as 911 was designated to simplify access to emergency services. She stated Commissioner Colon had some good ideas about how to market it to citizen groups and Commissioner Carlson's office suggested using 211 information not only for what services are available but what the needs of the citizens are and how well those are being met by the existing services. She stated in the last six months, they have made presentations to the City Managers Association, the League of Cities, met with seven city managers, and made a presentation to one city council; they are looking forward to support from the majority of those agencies in developing the 211 system; and they are planning collaboration with the senior helpline so there is seamless access to information via 211. Ms. Donoghue advised they have a draft agreement with the Health Department to use 211 as an access number for health information; they are working on a collaboration with the Emergency Management Office so that 211 can be the citizen information number in times of hurricanes and other emergencies; and they have been working with the County's 911 organization and providing some training for their call takers and looking to develop more collaboration there. She stated they received support from the Brevard Workforce Development Board, major mental health and substance abuse organizations, senior services, the Sheriff's Office, Commission on Aging, and Together in Partnership that agree there is a need for comprehensive centralized access to community information. She noted Rob Rains with United Way will talk about the funding side; they are targeted to start on May 1, 2001; and they hope the Board will be able to support them as they move forward.

Rob Rains with United Way advised United Way is a funding source and Crisis Services is a member agency that it funds at $90,000 for the last few years to operate the helpline seven digit number; Crisis Services has been around for over 20 years, and Ms. Donoghue has been the Director for over 14 years; and one of the reasons they want 211 is the calls that the helpline gets are referrals to United Way agencies and agencies the County funds through CBO and CDBG processes. He stated 211 is an access point to community information; it is critical and exciting, and it can help a lot of people make that easy call because people can remember 211; it is a service that will help everybody in the community; and people can call before situations get acute. Mr. Rains advised they are looking to build a Brevard helpline partnership with multiple partners; United Way is a funding source, and Crisis Services is the delivery agency; it will operate seven days a week, 24 hours a day; it is a small organization with a budget of $240,000 a year; and what they hope to do is build it to $360,000 per year for the projected increase in call volume. He stated United Way is giving $10,000 a month to provide this service; Dr. Heshmati with the Health Department agreed to fund about $1,500 a month; and that final contract is in negotiations with Crisis Services. He stated they talked to many groups; the County currently allocates $12,500 to Crisis Services through the CBO process; and to make the numbers work, they hope the County would be a partner at $5,000 a month or $60,000 a year, which is half of what United Way will give. He stated they are targeting a start date of May 1, 2001; and what they are looking for from the County in this fiscal year is to fund the last three months at $5,000, and then consider it a priority in next year's budget for the full $60,000. He stated the service could potentially impact every resident; and requested the Board's consideration of the request.

Commissioner O'Brien advised he does not know how much is collected on the surcharge on telephone bills for the 911 system, but the 211 is a similar service that would affect every phone owner in Brevard County; and if the funding comes from anywhere, it should come from that source for the entire bill. County Manager Tom Jenkins advised State legislation does not allow that. Commissioner O'Brien stated the Board can go to Tallahassee and ask the Legislature to change the law; and if they will not do it, there must be a reason. Mr. Jenkins stated there is a strong constituency base for that money, which is all police departments and sheriffs departments throughout Florida; and they will fight vigorously to retain their share. Mr. Jenkins noted the phone companies would probably also fight any increase in the phone bills.

Commissioner Colon advised the Sheriff's Department was supportive of it because a lot of the phone calls they receive are non-emergency calls; she tried to figure out how the Board could get more of a partnership with the League of Cities and get feedback from everybody; this is supposed to be a partnership among all of the agencies; and perhaps the Board could start with a small amount and then get the municipalities to help out because it will affect everyone, not just the residents in the unincorporated areas. She stated different council members she spoke to are supportive; so it would be wise to take it one step further, provide a small amount to help them out until they get started in May, then do an outreach to have every municipality help the County with a small amount to fund the 211 system.

Mr. Rains stated in the long term they would like to get the phone companies to do what Commissioner O'Brien suggested; it would be a small amount on each phone bill that would cover the cost; but they will fight it, mainly the telecommunication companies more so than the law enforcement agencies. He stated they see the benefit, but want to keep their share to support the phone companies; the companies agreed not to fight the FCC ruling to designate the 211 based on not being asked to collect a surcharge; but every agency they have gone to has said that has to be the mechanism for the base support. He stated they need to get started then have a voice from the community saying it is a valuable service and work with the Legislature to make that happen; they are working with the municipalities; the City of Rockledge is working it through its process and will probably be the first municipality in the system; they talked to the Cities of Cocoa, Melbourne and Titusville; and they are working with the other cities to be part of the partnership to get it going and look for long-term solutions to solidify a financial base for the service.

Commissioner O'Brien stated the Board may need an interlocal agreement with all the cities and assess a charge to them based on population, so they all share in the wealth of the program. Mr. Rains stated they proposed a similar funding level to the municipalities based on their size.

Chairman Carlson inquired if Mr. Rains is expecting that information to come back in terms of population; and can the Board get that information so it will know how the cost will be split up. Mr. Rains noted they did it like a scale, where the minimum level would be $3,000 for a population of under 20,000, and went up to cap out at $8,000 or $9,000. He stated if all the municipalities were to participate at that level, it would come close to what services they are proposing to provide to all County residents. Chairman Carlson advised the report says in FY 2002 they would need $60,000 from the County; and inquired if that is the County's share calculated with the municipalities or will the municipalities share in that $60,000 cost; with Mr. Rains responding it was based on pulling a number out of the air and what would be feasible for the County to fund; they need $360,000; United Way is giving $10,000 a month; and the County's share would be half of that. Chairman Carlson inquired how is the partnership being developed in terms of what the cost may be based on population for the municipalities, what their share will be, and what the County's share would be, so it is an equitable distribution of who is paying for what.

Ms. Donoghue advised for the first year budget, they anticipated revenue from the municipalities at about half the level of the County or about $30,000 total; and with $60,000 from the County, $120,000 from United Way, and $80,000 from the Department of Children and Families, additional dollars will have to come from others.

Commissioner Higgs inquired if they want a commitment from the Board for the rest of this fiscal year, and they will pull together a consortium of users and come back to the Board during budget sessions; with Mr. Rains responding yes; and requested the Board ask staff to find $12,000 for July through September, 2001; and as they continue to build the partnership, they will come back in next year's budget process for the targeted amount of $60,000. Chairman Carlson inquired if they will justify the $60,000 in terms of the big picture, the municipalities' share, and what the United Way is putting in; with Mr. Rains responding yes.

Commissioner O'Brien stated his problem is starting out with a new program at $60,000 a year; at 5% increase per year, it will be $1 million in seven years; to perform a service that no one is screaming for at this time; his neighbors are not saying they wish they had this service, or they have to have it; and nobody is saying that. He noted his father used to say, how did he live without this before; and the answer is simple, he did not want it, did not need it, and do not care about it. Mr. Rains inquired how many people are screaming for the Internet or fax machines or anything else before they had them; and stated but they are screaming now. Commissioner O'Brien stated they also pay for that individually; this might be a subscriber service; people can call 411 and get the same answers without dialogue of what the agency does; so the taxpayers will be paying over a million dollars to have dialogue with somebody about a service. Ms. Donoghue stated they have not talked about a million dollars and talked about $60,000 for next year; if Commissioner O'Brien would review their budgets for the last several years, he will see they have not grown at that rate; but if the County wants to give them a million dollars she would be happy to take it. She stated in terms of demand for the service, people are seeking services every day; the problem is there is no centralized easy access to the information; they call individual Commissioners' offices, city managers, and 411 which cannot help them because they do not always know the number they need; so people need this kind of service to get the information they need. She stated the six communities that have already implemented the 211 systems had call volumes increase 40 to 60%; so that is a strong indicator that people need the service and they just do not know how to get it right now. Commissioner O'Brien inquired about the call volume; with Ms. Donoghue responding it differs in every community; and their call volume is about 1,200 a month. Commissioner O'Brien stated a 60% increase would be 2,000 calls a month. Ms. Donoghue stated in Atlanta they serve more people and their call volume went up to 60%; the same in Connecticut, which implemented a statewide 211 system; so those numbers are consistent regardless if it is a metro area, small area, or statewide area.

Commissioner Colon stated Commissioner O'Brien is concerned, and rightfully so, because they did not do justice to the actual program and what it is; it is not like calling an operator to get a number for a restaurant; it becomes involved with a wide range of calls; and it would be good to have a centralized number that the citizens can call. She stated everyone is looking at this system, including the Governor's office because it is probably going to be the way of the future; people calling 911 tie up the law enforcement agencies; because 211 would have all the data, they will be able to move quickly; and the presentation did not do justice to what the 211 will be doing and why the community is getting excited about having this service. She stated citizens are calling local law enforcement agencies, fire departments, and all the wrong areas which is tying up all of them; so she agrees with helping them out for the last quarter and lobbying with communities to pay their fair share according to size. She stated the figure cannot be pulled out of the air and must have numbers to justify it; and everybody needs to pay their fair share.

Commissioner O'Brien inquired what would happen if they do not pay their fair share, will the County pay their share for them; with Commissioner Colon responding they will come before the Board when it is time to look at the budget and see if they can justify it; and if the community says no, it is not the County's responsibility. She stated a partnership is what they are talking about; the Board needs feedback regarding the other seven communities that have the 211 system; Brevard County will be the first in the State, but it is picking up; and she would like to see the data of who is helping to pay, and how the partnerships are developed, to help the Board make the kind of decision it needs to make. She noted she wants to help it get started because it is a great service for the constituents. Commissioner O'Brien stated he would rather see the cities on board, and then come back to the Board and say they have all the municipalities; for the Board to get on board now when the cities have not signed up, the County will be stuck with the while bill if they all say no; and once the Board starts that, they will come back each year and the Board will never vote against it.

Mr. Jenkins inquired if the other six communities that have the system used a similar method to fund it; with Mr. Rains responding United Way owns the service in Atlanta; it raises $70 million and committed $4 million; and in Connecticut, the State funds it because the Governor wanted the entire State to get access to government and community services.

Commissioner Higgs stated information is power; this is an information age; and the 211 system is a way to get information to the people who need help. She stated if they get help faster, the problems may be solved faster, and it is better economically and socially for the community. She stated the Board should move forward and support them as requested for this year, and see how the rest of the groups step up to the plate.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to find a funding source for $12,000 to fund the 211 System from July 1, to September 30, 2001. Motion carried and ordered; Commissioner O'Brien voted nay.

Chairman Carlson inquired if Mr. Rains will bring back the information requested for the budget next year; with Mr. Rains responding yes. Commissioner Higgs suggested Mr. Jenkins look at CBO funding and Human Services funding to see if there is money that can be used to fund the 211 system. Chairman Carlson stated since the Board is talking about looking at priorities for CBO, it may want to look at those and see if this system fits one of those priorities.

WRITTEN STIPULATION, RE: LAWSUIT FILED AGAINST ROBERT E. SMITH

Motion by Commissioner Higgs, seconded by Commissioner Colon, to agree to the written stipulation dismissing the lawsuit filed against Robert E. Smith if the lien is satisfied from the proceeds of the sale and the property is sold to a bona-fide purchaser.

Commissioner O'Brien inquired why is the County forfeiting the fine; with County Attorney Scott Knox responding the fines will be paid from the proceeds of the sale.

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

APPROVAL OF BUDGET TRANSFER, RE: SHORE PROTECTION PROJECT, OPTION B

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve a $400,181 budget transfer from TDC Business Area 1442 Beach Improvement to TDC Business Area 1449 Beach Renourishment Project, to provide the local match required by the U.S. Army Corps of Engineers to fund Option B of the Brevard County Shore Protection Project. Motion carried and ordered unanimously. (See page for Budget Change Request.)

RESOLUTION, RE: AUTHORIZING DRAW FROM COMMERCIAL PAPER PROGRAM
FOR MAINTENANCE DREDGING IN DISTRICT 2 ROAD AND BRIDGE MSTU

George Reynolds, Chairman of the District 2 Dredging Committee, advised the additional funds to complete the work is the only way to go economically; if they piecemeal the project over ten years, it would cost a few hundred thousand dollars more; so they need the money in advance, which the MSTU will pay back. He stated it is not going to cost the County anything; it is a money-saving idea; he represents 2,600 property owners on Merritt Island; he has served on the committee for a number of years and waded, walked, and surveyed every inch of that water; and if there are any questions, he will be glad to answer them.

Commissioner O'Brien stated Mr. Reynolds and the Committee have done a marvelous job; the job has to be completed; and they hope to get there, but does not know what the objection is.

Commissioner Higgs advised the Agenda Report talks about the end of the period getting a loan from the General Fund; she wants it absolutely clear that there is no assumption that the General Fund will go into it at the end of the five-year period to further the project. She inquired if there is no assumption of that; with Public Works Director Henry Minneboo responding that is correct. Commissioner Higgs stated she understands it will complete 80 to 90% of the work; with Mr. Minneboo responding probably 80%. Commissioner Higgs stated that would leave 20% left to be done; and she would like to see a plan for that 20% and an increase in the percentage of District 2 MSTU that is going for dredging or the overall MSTU so they are sure that 20% will get done. She stated once the Board commits to this draw, there will be no new revenue in the 15% dedicated to dredging to the other 20%; and her concern is not this issue, but that the Board ask staff to have a plan for the 20% so the Board can discuss it during the budget process.

Mr. Minneboo advised 100% of the projects that the Committee described over the years is what the funds will address; there is probably 20% of the work that may need to be done that has not been identified; there will be other canals the Committee did not identify or as the program continues to develop will come to fruition; so that is what the 20% is about.

Commissioner Higgs recommended staff identify, as it goes through the next budget process, a plan that will increase the MSTU or the percentage higher than 15% in the MSTU; it should not move forward today and use the commercial paper without recognizing it does not do everything and has committed the 15% for the next ten years to pay off the commercial paper; there is a significant number yet to be done; and the Board needs to address that because it is not fair to commit the annual revenue allocated without recognizing that and getting a plan.

Commissioner O'Brien stated Commissioner Higgs is right on one side of the equation, but the people on canal property waited 30 years to get the canals dredged; and the 20% may not get their canals dredged solely because at this time it is not required, like Sykes Cove will not be required for 15 to 20 years from now. He stated the Dredging Committee bent over backwards and walked all the residences, then said that is 100%; someone may come back and say what about North Merritt Island; but there will be sufficient funds in the MSTU five years from now as growth continues to cover that. Chairman Carlson inquired if staff has those projections; with Commissioner O'Brien responding nobody knows what that 20% is; staff projects 10 to 20% is still out there; but they do not know where they are at this time. Commissioner Higgs stated if the Board approves this loan today, she would like to have staff come back, as part of the budgetary process, and give the Board an indication of what is not done and indicate some options. Commissioner O'Brien stated that is fair enough. Commissioner Higgs stated the Board also needs to recognize once the canals are done, they will have to be done again in eight of twelve years, depending on where the canals are. Commissioner O'Brien stated they did not do it for 30 years; with Commissioner Higgs responding that is not an acceptable level of service for the people; and eight to twelve years was the estimate staff gave her. Mr. Minneboo stated each canal is different and has its own characteristics; if people continue to fertilize their yards and allow grass clippings to go into the canals, etc., they will have to be done sooner than those where people are more concerned in trying to keep the turbidity in their lots. He stated the silting is greater in Merritt Island than in Melbourne Beach; there is flushing action in Melbourne Beach; so it is difficult to estimate because each area has its own physical characteristics. Commissioner O'Brien stated Villa de Palmas Homeowners newsletter says do not throw grass clippings in the canal; but a canal that comes to Via Havarre has rainwater runoff from SR 520 that dumps out at the end of a huge pipe; and there is muck there, as well as in other canals on Merritt Island. He stated dirt collection boxes will be installed in the canals that will help to clean the water; there should be a fantastic reduction in the amount of time it will take to fill canals with silt from the land; they have sand dunes or bars along the riverfront, and as the wind blows from the east it puts sand across the mouth of canals; but he does not see that in eight years they would need to dredge all the canals again. He noted there may be seven they would have to do and twelve years later four more, and after 20 years, they should all be done. He stated the loan will be paid off in ten years; and they will have sufficient funds annually to take care of the problem.

Motion by Commissioner O'Brien, to adopt Resolution authorizing a draw of $1,000,000 from the Florida Local Government Finance Commission Tax Exempt Commercial Paper Program to fund maintenance dredging within the boundaries of District 2 Road and Bridge Municipal Service Taxing Unit (MSTU); authorize the Chairman to sign all documents necessary to close the commercial paper loan; and authorize the County Manager to make budget changes as necessary to implement this action.

Commissioner Higgs noted she will second the motion if the General Fund is not assumed to be part of the payment plan during the budget process; and Commissioner O'Brien agreed.

Chairman Carlson called for a vote on the motion as amended. Motion carried and ordered unanimously. (See page for Resolution No. 01-053.)

APPLICATION AND ACCEPTANCE, RE: FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY GRANT

Commissioner O'Brien advised the Board approved this a long time ago; and this is coming back for the grant.

Anthony Berrios with Seminole County Sheriff's Office advised it is a new grant funding cycle; and it was a three-year grant cycle when they were here the last time. Commissioner O'Brien stated he approved it then and will move for approval again.

Chairman Carlson advised she has some questions; the summary states the match will come from the General Fund of the Sheriff's Department at $75,000 over three years to receive a total of $150,000, and that the Sheriff intends to fund it after the grant program is over, which means it is an ongoing cost; and inquired if someone would address that.

Debbie Barker, Finance Director for the Sheriff's Department, advised it is a three-year grant which will pay for the person they are requesting; and it is the intention of the Sheriff's Office to continue funding and maintaining the positions and the additional position the grant will bring forward after the grant funding ceases. She noted they wanted to be up front and let the Board know that after the three-year period, they will put the full amount in their budget.

Chairman Carlson requested an explanation of the cost benefit; with Ms. Barker responding Charlie Cox heads up the Auto Theft Unit and is prepared to speak on that.

Charlie Cox with the Sheriff's Department, advised they are asking for $25,000 a year to cover two positions, the analyst they have now under the old grant and an additional auto theft investigator. He stated they have operated the Auto Theft Unit for several years with one or two people; this year he moved into the Unit for the second time in a supervisory position in October; so last year they still operated with two persons. He stated with three people, they worked 427 auto thefts or auto theft-related cases last year; and in addition, the Unit conducted community services of van verifications, dealership inspections, junk yard inspections, and port inspections for 27 cases. He stated the Unit recovered $2,708,944 in stolen vehicles and $797,000 in other stolen property; it did all that with two agents and one supervisor who came in at the end of the year; and it is an overwhelming caseload for two or three people, especially when the supervisor has to attend to administrative functions as well as try to help out with the caseload. Mr. Cox advised they are also trying to come up with new ideas to relieve some of the caseload; it is an impossible task, but their investigative record stands for itself; they closed 101 cases last year and an additional 22 cases with capias requests, which is sending them to the State Attorney for issuance of capias on persons for arrest on auto thefts; and that is an approximate closure rate of 24%, which is almost double the national average. He noted adding the capias requests increases the closure rate to 28%; and that is excellent any way it is looked at. He stated to do that with two or three people is phenomenal; however, the people are becoming burned out; they do not want to lose those people who are internationally certified auto theft investigators and experts in their field; and they have done a tremendous job over the years decreasing auto theft. He stated they need the additional funding to get the additional agent and keep the analyst; the analyst is extremely important and goes with them to do inspections, run the numbers, and do analytical type work which takes some of the load off the investigators; and requested the Board approve the funding that is needed.

Chairman Carlson advised Mr. Cox has answered her questions; and suggested when cost benefit issues apply to agenda items, they be expounded to help the Board analyze the issues.

Commissioner O'Brien stated they had 427 stolen vehicles plus 27 they looked at for a total of 454 divided by 3 agents or 2 cars per day per agent and 6 cars per day for the unit, which is a lot of work for three people.

Task Force Coordinator for Seminole County Sheriff's Office advised Seminole County has about the same caseload and makeup as Brevard County; they use seven agents, not counting the two municipal agents he has full time on the Task Force; so they have nine people handling what three people are handling in Brevard County. He stated they are out there looking for cars every day; it is almost impossible with nine agents; but it is very impossible with three.

Commissioner O'Brien stated if they get the numbers down on stolen vehicles, it is a cash benefit for the public because insurance rates will not go up; but if they cannot get a grip on it, the rates will go up; so he would prefer they find the people stealing cars and stop them.

Chairman Carlson inquired if there are any comments regarding the budget on this item and the next item, or can one motion be made on both; with Mr. Jenkins responding this item is self-explanatory that it is going to cost the County $25,000 a year for the next three years; but he has some questions on the next item.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to authorize the Sheriff's Office to apply and accept a three-year Florida Motor Vehicle Theft Prevention Authority grant through the Office of the Attorney General, in partnership with Seminole County Sheriff's Office, requiring a $25,000 match each year from the Sheriff's General Fund for a total of $75,000 to match $150,000 in grant funds. Motion carried and ordered unanimously.

APPLICATION AND ACCEPTANCE, RE: VICTIMS OF CRIME ACT GRANT

County Manager Tom Jenkins advised to get $170,000, a local match of $81,000 is required; the Agenda Report suggests the General Fund as opposed to the MSTU, when it is going to be serving the unincorporated area; and that would be a conflict.

Debbie Barker, Finance Director for the Sheriff's Office, advised VOCA is a victim advocate grant, which is going to be the civilian prong of the overall domestic violence program that the Sheriff is going to bring forward this year; he met with the Board a few weeks ago about it; the overall plan is to bring sworn agents back for law enforcement domestic violence complimented with civilian advocates; and that is what part of the grant is for. She stated they are attempting to offset the request with grant funds; it will fund four civilian advocates; the federal part of it is $170,000, and the match is $81,000; and they will be located in the Precincts to serve the needs of the entire County. Mr. Jenkins inquired if the cities have their own victim advocates; with Ms. Barker responding some do and some do not; it will be like any specialty unit within the Sheriff's Office; and they will supply the service to everyone in the County who needs it. Mr. Jenkins advised the Agenda Report says, "Victim advocates will provide emergency and follow-up services to victims of crimes in the unincorporated areas of Brevard County"; and inquired if they will provide service to city and County residents; with Ms. Barker responding yes. Mr. Jenkins inquired if the following year match will go from $81,000 to $250,000; with Ms. Barker responding the match for the following year will be less. Sergeant Wayne Butler, Grant Administrator for the Sheriff's Office, advised $81,000 is for the first year match and vehicles for the victim advocates; the VOCA program discourages submission for vehicles; he can get people and equipment but not vehicles; and the match for next year is $42,000. He stated the grant is on a competitive basis, but they can reapply for it next year. Ms. Barker stated the possibility of getting it is very good from what they have heard through the grant circles; it is a one-year grant, but the potential for reinstatement is good.

Commissioner Higgs stated if the Board did not fund this unit because there are other priorities, what will happen to it; with Ms. Barker responding it would be an unfunded program in the Sheriff's Office, and determined on a matter of priority. She stated the Sheriff has determined that domestic violence is a priority; and if it is not funded through grants or the General Fund, then he will not be able to initiate the program. Commissioner Higgs inquired what would happen to the grant and the people; with Ms. Barker responding it will not become a reality. Commissioner Higgs stated she understands that, but if the Board approves this application today and six months from now, when it goes through the budget process, the Board says it is not a priority and there is not enough money to fund it; what would happen to the grant after the money has already been accepted; with Ms. Barker stating there would be four victim advocates on board with the Sheriff's Office who would only be funded for one year; if the Board does not make it a future priority, then those positions would not be funded; and if they were not absorbed somewhere else in the Sheriff's Office, the program and people associated with it would go away. Commissioner Higgs inquired if the people can stand alone as a useful part of the Sheriff's Operation even if the Board does not fund the domestic violence unit; with Ms. Barker responding no, because they are victim advocates and their sole function would be to handle follow-up calls with domestic violence. She stated if there is no formal domestic violence program within the Sheriff's Office, the investigative agents will not be complimented. Commissioner Higgs stated there is still going to be domestic violence and a need for victim advocates even if the Board does not fund a separate unit; with Ms. Barker responding it is semantics calling it a separate unit; it is just supplying the resources to fulfill the function; and she does not understand Commissioner Higgs' question. Commissioner Higgs stated it is not hard to understand; the Sheriff's Office is saying this is part of the domestic violence unit; she is saying if the Sheriff applied for and accepted the grant and people, what would happen to those people in October if the Board does not fund the full unit; with Sgt. Butler responding there are two components to the domestic violence unit of which victim advocates is one; and they could still serve all domestic violence victims as a core function.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to authorize the Sheriff's Office to apply and accept a one-year Victims of Crime Act grant from the Office of the Attorney General in the amount of $170,000 with a cash match of $81,000 from the Sheriff's General Fund for four crime victim advocates, vehicles, office expenses, and essential capital items. Motion carried and ordered unanimously.

PUBLIC COMMENTS - CLARENCE ROWE, RE: AFFORDABLE HOUSING COUNCIL
AND TAX ABATEMENT

Clarence Rowe, President of the Central Branch of the National Association for the Advancement of Colored People, advised he is disturbed in reference to two meetings he sat in on where one of the board members decided he had a conflict of interest and took a position not to vote, but did take a position to comment, and appeared to be quite upset because one of the persons who came before that board was the individual's wife in reference to a particular project. He stated that board member took issue because there were three opponents to the $100,000 or $150,000 or whatever the financial amount was; and he took issue with the gentleman making comments, which were inappropriate after he abstained because of a conflict of interest, that may have damaged the voting privilege of the other members, because there were some people who thought he had a point and others who did not. He stated as far as he is concerned, that person came close to slandering the Habitat for Humanity because he had some rude things to say about it; Habitat is a national organization that has not profiteered in building houses in low-income areas; and requested the Board give this subject some consideration and Commissioners look at it and remove that individual. Mr. Rowe stated there are tapes, documents, and witnesses in reference to this subject matter; he does not think that a person whose wife is a member of an organization should take issue the way he did; but the Commissioners can listen to the tapes and draw their own conclusion. He requested the Board remove and replace that person; stated the record is available and speaks for itself; and that is something the Commissioners need to look at because it has an impact on assuring the low-income persons get a fair share of affordable housing as well as rentals. He stated there was a project that was gated with a guard at the entrance who had to call the resident to confirm the visit before letting the individual in and other commodities; he asked why it was not built in a low-income area where the people needed that type of facility; and they alleged they did not discriminate. He stated when he asked them what the rent was, it was a form of discrimination to him because it was beyond the reasonable reach of the people the board alleges to serve; and there is enough dollars coming into the community to bring about change.

Mr. Rowe advised he has given Commissioners information in reference to the unemployment in certain census tracks; in a month or so the Census data may even double those figures; he has been dealing with this subject matter for many years; and very little improvement has been done. He noted there has been some improvement, but not of any magnitude; the Board can see and identify those tracts because they did not happen over night; they have been in existence over a long period of time; and requested the Commissioners focus on that and see if they can bring about some changes in those areas. He stated the Board talks about transportation, etc.; his concern is the date of implementation and revamping to see what kind of progress if any has been made; there are a lot of funds coming here; and from what he can understand, 80% of the funds are for rental and building facilities for the medium income. Mr. Rowe stated the Board knows there are pockets of extremely poor people throughout the County and in every Commission District who have a 30% income level or lower than that; and those on fixed income social security cannot afford anything. He stated those are the things he would like the Board to focus on and if necessary do a study and come back with some means and ways of implementing changes in some of those areas. He again requested that the Board look into the voting conflict issue, and replace that person.

Commissioner Higgs recommended the County Attorney draft information for the Board on the subject of handling abstentions, conflicts of interest, and discussing motions, so they can understand that part of the issue, and each Commissioner can research the other part.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct the County Attorney to prepare information on the subject of handling abstentions, conflicts of interest, and discussing motions. Motion carried and ordered unanimously.

PUBLIC COMMENTS - MIKE CUNNINGHAM, RE: TELEVISING MANATEE MEETING

Mike Cunningham advised a manatee meeting is scheduled tomorrow and will not be televised; the issue has been publicly battered around for the last two or three years; and it is not a good idea not to televise it. He stated the input that comes from that meeting is due to go to Tallahassee on March 29 and 30, 2001; without a visual record, something could be left out; and he does not want to see Brevard County get into a rumor mill over this issue. He stated SCGTV has done a marvelous job bringing informational meetings to the public; and even though it is a State meeting, they should be asked to cooperate with the County to telecast it so the County will have a record of the meeting.

Commissioner Higgs stated when the Board determined the rules for televising meetings, it was clear that State meetings were not going to be televised; it changed that by televising the Legislative Delegation meeting; but it was made clear that other kinds of meetings would not be televised. She stated her understanding of the meeting is it is not one where there is going to be a lot of speakers; it is an opportunity to look at the maps and make written comments as opposed to verbal; so she is not sure the procedure for that meeting is appropriate for televising.

Chairman Carlson advised it is a workshop, and she cannot see how televising it is going to help; they will see people milling around looking at locations on maps; and she is not sure any informative information would be had. She stated if it were a hearing, it would be totally different; but she does not see any benefit being derived other than to have pictures of people walking around looking at posters.

Commissioner O'Brien stated he agrees with Mr. Cunningham because the State will be looking at something that will affect Brevard County and not a statewide issue; it affects the County and the people who live here; and it should be televised.

Commissioner Colon stated they will put up posters and people can come in and look at them and ask questions of State representatives similar to the trailways project, which went to different communities; it is not a workshop with dialogue; so it would only be a picture of people walking around.

Commissioner O'Brien inquired what is the purpose of them being in Brevard County, and will anyone be there from the Fish and Wildlife Commission; with Mr. Jenkins responding the Fish and Wildlife is putting it on. Commissioner Higgs stated it is the Fish and Wildlife Commission of the State of Florida and not the U.S. Fish and Wildlife Service.

Chairman Carlson advised there is consensus that the Board does not want to televise the manatee workshop; however, she appreciates Mr. Cunningham bringing the issue forward. She noted being the type of workshop it is, it would probably not serve a public purpose and might take time away from other broadcasts that could occur.

Commissioner Scarborough stated to the extent there is anything occurring in Brevard County that can affect the people and comments are being made, the Board should consider expanding its rules to include that, depending on the nature of the issue. He stated from what he heard, this manatee workshop may not be the occasion, but SCGTV is a wonderful opportunity for people to see things and should not be restricted. He suggested Mr. Jenkins look at the rules to the extent that there are things occurring in the County that are affecting the people. Commissioner O'Brien inquired if microphones will be used; with Commissioner Scarborough responding he does not know what the format is; but if a designated speaker would give information and there is discussion back and forth on something of the magnitude of the manatee issue, the Board would be failing to use an asset it has for the people if it does not broadcast those types of meetings.

Chairman Carlson stated if the Board could have influenced the makeup of the workshop, it could have provided information to the public; but at this point it is moot. Commissioner O'Brien requested Mr. Peffer advise the Board on the makeup of the workshop.

Assistant County Manager Stephen Peffer advised the information he has is that they will probably set up maps around the room and allow people to go and see what is being proposed in terms of manatee speed zones in Brevard County; and there will not be a formal opportunity for people to come to the microphone and speak, nor will there be any type of formal presentation. He stated that is the way it was set up at BCC in Melbourne; there were maps around and opportunity for State officials to have individual dialogue with people; and there were cards that could be filled out and presented to the State for consideration, but it was not like the Board's workshops with public comments. He stated he could be mistaken, but that is how the information was presented to him; and it will be in the Commission Room.

Commissioner Higgs stated she does not object to meetings by State agencies being shown on SCGTV, but the Board agreed those were not the kind of things it would televise; and if it did televise this meeting, it would be a departure from the policies and what the Board agreed to some time ago. Commissioner O'Brien stated it is directly about Brevard County; with Commissioner Higgs responding so where other hearings held by State agencies and the St. Johns River Water Management District.

Mr. Jenkins advised he is getting mixed directions, as one Commissioner wants to look at revising the rules, and another is saying no. Commissioner Higgs stated she does not mind looking at the rules. Commissioner Scarborough stated he is not talking about tomorrow, but in a general sense. Commissioner Higgs suggested looking at the minutes of the previous meeting to see what the Board decided. Commissioner Scarborough stated sometimes things need to be redefined as time goes on.

Chairman Carlson stated the Board will look at that some time in the future.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:01 p.m.

ATTEST: ___________________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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