August 28, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 28, 2001, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan 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.

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

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the minutes of July 10, 2001 Regular and July 11, 2001 Special/Workshop meetings. Motion carried and ordered unanimously.

ITEMS WITHDRAWN FROM AGENDA

County Manager Tom Jenkins stated he has two items to withdraw for Water Resources. Water Resources Director Dick Martens stated the applicants requested Items III.C.2, Mandatory Sewer Connection Time Extension, Re: Merritt Park Place, Phase II and III.C.3, Request for Payment Plan of Sewer Connection Fees, Re: Merritt Park Place, Phase II, be pulled for further work. The Board acknowledged withdrawal of the items.

APPRECIATION, RE: COMPLETION OF SR 520 BETWEEN MERRITT ISLAND AND COCOA

Commissioner O'Brien expressed appreciation to staff for getting SR 520 completed between Merritt Island and Cocoa Beach; stated at the MPO meeting he and Commissioner Bobbie Stevens from Cocoa Beach made it well known how disappointed they were that it took more than six months to level a manhole cove; and in the last three days the road has been repaved, which solved the problem.

REPORT, RE: DISORIENTED SEA TURTLES

Commissioner Higgs stated she received some contacts concerning disoriented sea turtles. She stated on the sections of the beach that have been renourished there has been a higher

number of disoriented sea turtles, as the beach is higher and the lights are more visible; previously there were not that many turtles laying eggs in that section, but with renourishment, there are an increasing number of turtles laying eggs; and Code Enforcement has been out there. She stated Code Enforcement needs to be proactive in terms of the Lighting Ordinance over the next few months.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to direct the County Manager to work with Code Enforcement to be proactive in the enforcement of the Lighting Ordinance. Motion carried and ordered unanimously.

Discussion ensued on disoriented sea turtles.

Commissioner Higgs stated if there is a problem with staff having the necessary resources for Code Enforcement to do the job, Mr. Jenkins should bring the issue back to the Board at its next meeting.

ANNOUNCEMENT, RE: TOWN MEETING

Commissioner Colon stated two weeks from Saturday, she will be holding a town meeting at the beach; and people may call her office for further information.

DISCUSSION, RE: SARNO LANDFILL

Commissioner Colon stated she has been contacted by individuals from her District as well as several officials from the City of Melbourne concerning the Sarno Landfill; and she would like to have them speak before the Board at the September 11, 2001 meeting. She stated there are questions concerning the history, present status, and future plans for the Landfill.

Commissioner O'Brien inquired if it could be handled through a meeting in Melbourne. Commissioner Colon stated they want to speak before the Board.

Chairman Carlson stated she had Councilwoman Cheryl Palmer in her office wondering what has been going on; and it makes sense to bring it to the Board. Commissioner O'Brien stated staff could go before the Melbourne City Council and do the same thing. Chairman Carlson stated they want to have it before the Board.

ANNOUNCEMENT, RE: CITIZENS ACADEMY

Commissioner Colon stated a Citizens Academy will start on September 19, 2001; and further information can be obtained by calling 633-2010.

CONGRATULATIONS, RE: APOPKA LITTLE LEAGUE

Commissioner Colon congratulated the Apopka Little League. Commissioner O'Brien stated he made a motion at the workshop to send a resolution to the Apopka Little League. County Manager Tom Jenkins stated the motion was for a letter, and it was sent yesterday.

Commissioner Colon commented on her conflict between Apopka and Brooklyn and on the humble means of the Brooklyn team. She stated she wanted both teams to win; and both teams were awesome. She suggested inviting the team to enjoy the Space Coast.

Commissioner O'Brien commented on the allegation of Sports Illustrated concerning the age of the New York pitcher.

ANNOUNCEMENT, RE: SCHEDULE

Chairman Carlson stated at 9:30 a.m. the Board will hear from Congressman Weldon; at 10:00 a.m. there is a time certain on the floodplain moratorium; at 10:30 a.m., there is a time certain on impact fees; and at 11:30 a.m. they will break for an executive session, coming back at 1:00 to deal with the Humane Society issue.

ITEM PULLED FROM AGENDA

Chairman Carlson requested Item II.A.3, Final Plat Approval, Re: Grand Haven, Phase III, be pulled for discussion.

FINAL ENGINEERING APPROVAL, RE: SUNSET LAKES, PHASE X

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

FINAL PLAT APPROVAL, RE: GRAND HAVEN, PHASE II

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant final plat approval for Grand Haven, Phase II, subject to minor changes as applicable, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

PRELIMINARY PLAT APPROVAL, RE: WAL-MART@VIERA

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant preliminary plat approval for Wal-Mart @ Viera for a period of 12 months, subject to compliance with recommendations by review agencies, and all applicable Policies, Ordinances, laws and regulations, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR VIERA, TRACT E-1, PHASE 1

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution releasing the Contract with The Viera Company dated March 6, 2001, for improvements in Viera, Tract E-1, Phase 1, as all improvements have been completed. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT WITH DENNIS LOVE, WILBERT DURRETT, AND
VIRGINIA REYNOLDS, RE: IMPROVEMENTS FOR OSPREY AVENUE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Infrastructure Contract with Dennis Love, Wilbert Durrett, and Virginia Reynolds guaranteeing infrastructure improvements to Osprey Avenue. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT WITH MELANIE AND KIP ALLEN, RE: IMPROVEMENTS
FOR REYNOLDS ROAD

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Infrastructure Contract with Melanie and Kip Allen guaranteeing improvements to Reynolds Road. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DENIS LOVE, RE: OSPREY AVENUE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Unpaved Road Agreement with Dennis Love for construction of a road in the existing County right-of-way known as Osprey Avenue. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH MERRELL PACK, RE: MORNINGSIDE DRIVE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Unpaved Road Agreement with Merrell Pack for construction of a road in the existing County right-to-way known as Morningside Drive. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH MELANIE AND KIP ALLEN, RE: REYNOLDS ROAD

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Unpaved Road Agreement with Melanie and Kip Allen for construction of a road in the existing County right-of-way known as Reynolds Road. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN,
RE: 1310 LYNNE DRIVE, MERRITT ISLAND

Motion by Commissioner Higgs, seconded by Commissioner Colon, to accept the Special Master's recommendation to reduce the accrued fine for Case #99-1677 from $11,200 to zero, and require payment of the prosecution costs of $251.36 for property located at 1310 Lynne Drive, Merritt Island, owned by Muriel A. Derr. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN,
RE: 4735 GANDY ROAD, MIMS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to accept the Special Master's recommendation to reduce the accrued fine for Case #98-0378 from $8,925 to $892.50 to include estimated prosecution costs of $321 for property at 4735 Gandy Road in Mims, owned by Thomas W. Wells. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
CHAPTER 22, ARTICLE VI, DIVISIONS 1-4, SECTIONS 22-477 THROUGH 22-536,
CONTRACTORS LICENSING

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 22, Article VI, Divisions 1-4, recognizing the need for contractors licensing, to add framing/carpentry, excavating, and masonry contractors, and swimming pool finishing subcontractors as regulated trades. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNEXATION OF 21 ACRES BY CITY OF COCOA
NORTH OF SR 528/INDUSTRY ROAD INTERCHANGE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to acknowledge annexation by the City of Cocoa of 21 acres located immediately north of the SR 528/Industry Road interchange. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 2000-010, AND RIGHT-OF-WAY CONSENT
AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: FAIRGLEN
PEDESTRIAN BRIDGE REPLACEMENT PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution amending Resolution No. 2000-010, pertaining to the County's Constitutional Fuel Tax Revenue Bonds, Series 1999; modifying the definition of "initial project" to reallocate $210,000 from the A. Max Brewer Memorial Causeway Bridge Rehab to the Fairglen Pedestrian Bridge Replacement, and providing an effective date; and to execute Right-of-way Consent Agreement with Florida Power & Light Company to allow the County to build a ramp on the easement. Motion carried and ordered unanimously.

PERMISSION TO ISSUE WORK ORDER TO FRAZIER ENGINEERING, INC., RE:
VALKARIA ROAD SIDEWALK PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize staff to issue a Work Order to Frazier Engineering, Inc. for design of Valkaria Road Sidewalk Project, from Old Dixie Highway to Weber Road at $42,200. Motion carried and ordered unanimously.

RESOLUTION AND COUNTY DEED, RE: TRANSFERRING INTEREST IN SR 520 TO
FLORIDA DEPARTMENT OF TRANSPORTATION NEAR THE INTERSECTION OF
SR 524 AND SR 520

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution and execute County Deed transferring interest in part of SR 520 at the intersection with SR 524 to Florida Department of Transportation. Motion carried and ordered unanimously.

AMENDMENT TO LEASE AGREEMENT WITH FRED AND RUTH BOOZER, RE:
MELBOURNE PUBLIC HEALTH DEPARTMENT CLINIC

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Amendment to Lease Agreement with Fred and Ruth Boozer for Melbourne Public Health Department at an annual rent of $175,490. Motion carried and ordered unanimously.

PERMISSION TO SELL FOR SCRAP, RE: MELBOURNE COURTHOUSE MOD C

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize staff to sell the Melbourne Courthouse Mod C for scrap, as the renovation would cost more than the value of the unit. Motion carried and ordered unanimously.

APPROVAL OF TASK ORDER NO. 98-003-14 WITH BUSSEN-MAYER ENGINEERING
GROUP, INC., RE: DESIGN OF SARNO LAKE DRAINAGE IMPROVEMENTS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Task Order No. 98-003-14 with Bussen-Mayer Engineering Group, Inc. to provide design, permitting, and construction management services for Sarno Lakes Drainage Improvements Project east of I-95, at not to exceed $149,000. Motion carried and ordered unanimously.

APPROVAL TO PURSUE, RE: "BLUE WAVE" CERTIFICATION AT SIX BEACH
LOCATIONS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize the EDC to pursue "Blue Wave" certifications for combined Cherie Down Park, Shepard Park, and Fischer Park, and for Lori Wilson Park, Paradise Beach Park, Boardwalk Indialantic, Ocean Park, and Spessard Holland Park. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, RE:
FUNDING FOR COUNTRY ACRES CHILDREN'S HOME

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with Florida Department of Children and Families providing funding to Country Acres Children's Home through Title IV-E; and authorize the County Manager or his designee to execute amendments to the Agreement, contingent upon approval by the County Attorney and/or Risk Management. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH PROGRESSIVE ACTION SOCIETY, INC., RE: USE
OF A PORTION OF GIBSON COMMUNITY CENTER

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution and execute Agreement with Progressive Action Society, Inc. for use of part of Gibson Community Center from September 24, 2001 through September 23, 2002 at $1.00 a year. Motion carried and ordered unanimously.

AWARD OF BID #B-4-01-65 AND CONTRACT TO HM2 CONSTRUCTORS &
FABRICATORS, INC., RE: NORTH BREVARD WATER TREATMENT PLANT CHEMICAL
FEE SYSTEMS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to award Bid #B-4-01-65, North Brevard Water Treatment Plant Chemical Feed Systems, to HM2 Constructors & Fabricators, Inc. at $198,700; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

APPROVAL, RE: EXTENSION OF PROPERTY TAX ROLL PRIOR TO COMPLETION OF
VALUE ADJUSTMENT BOARD ACTIONS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to extend the 2001 property tax roll until the completion of the Value Adjustment Board actions. Motion carried and ordered unanimously.

AUTHORIZE DEBT COLLECTION CONTRACT WITH G. C. SERVICES, INC. TO EXPIRE,
ISSUE REQUEST FOR PROPOSALS, APPOINT SELECTION COMMITTEE, NEGOTIATE
AND AWARD CONTRACT, RETURN NEGOTIATED CONTRACT TO THE BOARD, RE:
DEBT COLLECTION SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize allowing the Debt Collection Contract with G. C. Services, Inc. to expire at the end of the contractual term; authorize staff to solicit proposals for debt collection services; appoint the Clerk of Courts, Solid Waste Management Director, Permitting and Enforcement Director, and Animal Services and Enforcement Director or their designees to the Selection Committee; and authorize negotiation and award of a contract with the selected firm, with the contract being returned to the Board for execution. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION
COMMITTEE, AND AUTHORIZE COUNTY MANAGER OR DESIGNEE TO AWARD
CONTRACT, RE: COUNTYWIDE TOWER MAINTENANCE SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise request for proposals for tower maintenance services; appoint Charlie Burton from Public Works, Steve Allen from Water Resources, and Eric Conklin from Information Services/Communications to the Selection Committee to receive and evaluate proposals and negotiate contract terms; and authorize the County Manager or his designee to award the contract, including annual renewal options for up to four additional years. Motion carried and ordered unanimously.

APPROVAL OF MODIFICATIONS TO AGREEMENT WITH LABORERS' INTERNATIONAL
UNION, LOCAL 678, RE: ARTICLES 10, 32, AND 34

Motion by Commissioner Higgs, seconded by Commissioner Colon, to ratify the tentatively agreed upon modifications to Article 10 - Discipline and Discharge, Article 32 - Drug Testing, and Article 34 - Performance Evaluations, of the Collective Bargaining Agreement with Laborers' International Unit, Local 678, which were ratified by the LIUNA bargaining unit on August 7, 2001. Motion carried and ordered unanimously.

APPROVAL OF PAYMENT TO WATER RESOURCES EMPLOYEES, RE: EMPLOYEE
INNOVATIONS PROGRAM AWARDS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve payment of $1,000 divided among Doug Emmons, John Prentice, James Yates, Jeff McCloud, Roger Strenth, Blue Marion, Glenn Morrel, Terry Keith, Gayle Miller, Jimmy Tumblin, Pat Golyer, Ulyssess Harris, Mike Harrington, and Andy Burt of the Water Resources Department for their suggestion in the Employment Innovations Program. Motion carried and ordered unanimously.

APPROVAL OF PAYMENT TO ALFRED SCHUH, RE: EMPLOYEE INNOVATIONS PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve payment of $100 to Alfred Schuh of the Permitting and Enforcement Department for his suggestion in the Employee Innovations Program. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE NOTICE OF INTENT, RE: INCLUSION OF TICO AIRPORT
EXECUTIVE DIRECTOR IN FLORIDA RETIREMENT SYSTEM SENIOR MANAGEMENT
CLASS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to publish a Notice of Intent to designate one additional position, that of the TiCo Executive Director, in the Florida Retirement System Senior Management Service Class, effective October 1, 2001. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING BOARD OPERATING PROCEDURES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution amending the Board's Operating Procedures to provide that requests for personal appearances, which require action of the Board, must be made to a Commission Office or County Manager and scheduled at the end of the Agenda under New Business. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to appoint Richard Corsillo, replacing Glen Morgan, to the District 2 Canal Dredging Committee, with term expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve bills, as submitted. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING COMMODORE JOHN BARRY DAY

Commissioner O'Brien advised of an event to be held at Port Canaveral on September 8, 2001 in commemoration of John Barry Day; and read aloud a resolution proclaiming that day as Commodore John Barry Day.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution proclaiming September 8, 2001 as Commodore John Barry Day. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS
IN SHADY VILLAS, UNIT NO. 2 - BREVARD COUNTY WATER RESOURCES

Chairman Carlson called for the public hearing to consider a resolution vacating drainage and utility easements in Shady Villas, Unit No. 2 as petitioned by Brevard County Water Resources.

Cynthia Streeter, representing the Public Works Department, advised there are no objections to the item.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating drainage and utility easements in Shady Villas, Unit No. 2 as petitioned by Brevard County Water Resources. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN
INDIALANTIC HEIGHTS NO. 2A - RUSSELL AND NANCY CHANCEY

Chairman Carlson called for the public hearing to consider a resolution vacating drainage easement in Indialantic Heights No. 2A as petitioned by Russell and Nancy Chancey.

There being no comments or objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution vacating drainage easement in Indialantic Heights No. 2A, as petitioned by Russell and Nancy Chancey. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION INCREASING EMERGENCY MEDICAL SERVICES
ASSESSMENT FEES

Chairman Carlson called for the public hearing to consider a resolution increasing Emergency Medical Services assessment fees.

Public Safety Director Jack Parker stated the recommended increase for the EMS Benefit Unit is from $34.99 to $41.12; the first component would be a $2.55 increase for an additional ambulance that would be placed in the system; and there would be a $3.58 increase that would enhance and make the salaries of Fire Medics more competitive. He stated the second portion is to increase the Micco EMS Benefit Unit from $52.30 to $55.88, which includes a $3.58 increase for the Fire Medic salaries; and they are recommending an increase to the commercial rate from $15 to $20.30 for funding of the First Responder Program.

Commissioner O'Brien stated the commercial assessment will be a flat uniform rate that will be applied Countywide to all commercial establishments; and inquired if someone falls down and breaks a leg at K-Mart, who is charged. Mr. Parker responded the EMS response is made up of two revenue streams; one is the assessment charged to businesses and residences, which pays for approximately half the service; and the other half is through billing the actual users of the service. Commissioner O'Brien inquired if it is an annual fee; with Mr. Parker responding yes. Commissioner O'Brien stated he was talking to someone about the two-tiered response where the fire truck always shows up with ALS-trained firefighters who carry medicines and equipment and then the ambulance arrives a few minutes later, and they mentioned in certain cities like Los Angeles there is no two-tiered response. He inquired if it is not done in Los Angeles, why is it done here. County Manager Tom Jenkins advised of a letter to the editor complimenting the First Responder Program; and advised two minutes may be the difference between life and death, and that is why the County does it this way. He stated in Los Angeles there may be more stations so they can get there quicker than the County can; but the whole issue of first response is to give immediate care. Mr. Parker stated in the County there are more fire engines than ambulances; that is a tremendous resource sitting idle that could be used; and the County has created a two-tiered system, as have many other progressive counties, to allow the fire engine to establish care in the critical three or four-minute time frame before the ambulance arrives. He stated when the ambulance arrives three or four minutes after the fire engine, care has already started to take place, in many cases saving lives. He stated in some highly-populated cities, it is not an issue because there are so many ambulances in a small area, and they are able to respond just as quickly as fire engines, and in some cases quicker due to their ability to maneuver in traffic. Commissioner O'Brien stated in South Cocoa Beach and some of the other areas, the ALS firefighters are important because the ambulance is too far away to get there faster than the fire engine.

Commissioner Higgs stated the Countywide commercial rate should be the same as the Countywide EMS Benefit Unit rate; the commercial rate is proposed to be in the $20 range; the residential rate is $41.12; and it would seem that each unit should pay the same rate. She stated her intent is to make a motion that the rate be established at $41.12.

Chairman Carlson inquired what is the purpose of such a discrepancy; with Mr. Parker responding the commercial rate was started at the $15 flat rate, and has never been addressed since it started. Mr. Jenkins stated Mr. Parker had indicated he was going to undertake a review of the topic; and the Board action today would start that process.

Commissioner O'Brien suggested passing it the way it is today, and letting Mr. Parker look at it and bring it back to the Board within four months. Mr. Parker advised they certify the EMS Rolls by September 15, 2001, so whatever rate is certified today will be the rate for the entire year.

Mr. Jenkins stated there is no question that if a review was done of the commercial rates, they would be at least equal to the residential, and based on the size of the business, could be even greater. He stated what is being proposed is probably a minimal increase; and Mr. Parker may still look at the issue further.

Commissioner Colon inquired if Commissioner O'Brien is comfortable making that decision today, or should the Board still wait. Commissioner O'Brien inquired if Mr. Parker believes the commercial rate should be lower than the residential rate or should both be the same; with Mr. Parker responding the commercial rate should probably be at least the same as the residential rate. Mr. Parker stated it is an annual rate; and there are more frequent trips to businesses than residential homes; and larger businesses may be at an even higher rate.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution increasing the Emergency Medical Services (EMS) Assessment fees from $34.99 to $41.12 for residential in the Brevard County EMS Benefit Unit, from $52.30 to $55.88 for residential in the Micco EMS Benefit Unit, and from $15 to $41.12 for commercial Countywide.

Mr. Parker requested clarification of the motion. Commissioner Higgs stated her support of the motion would be that the staff report would be amended only to the point that the Countywide commercial rate would equal the Brevard County EMS Benefit Unit rate for residential, which was $41.12. Mr. Parker inquired if that would hold true in the Micco area as well; with Commissioner Higgs responding the Micco rate would stay as recommended. Chairman Carlson inquired if the motion would also include a report from Mr. Parker on the analysis of the commercial rate in terms of larger versus smaller businesses; with Commissioner O'Brien responding no.

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

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to study the issue of relative rates within the commercial area in terms of size and impact of those businesses; and report to the Board. Motion carried and ordered unanimously.

Commissioner O'Brien stated next year when the rolls are certified, he would like the report included with the paperwork.

PUBLIC HEARING, RE: RESOLUTIONS INCREASING FIRE PREVENTION FEES

Chairman Carlson called for the public hearing to consider resolutions increasing fire prevention fees.

Public Safety Director Jack Parker stated the Fire Prevention Program had tremendous growth in responsibilities in the past few years, and has been falling behind in some of the things that need to be done; and they are requesting two additional fire prevention inspectors and a staff assistant so they can catch up with the demand. He stated currently there are approximately 7,000 commercial structures that need to be inspected every three years; they are not asking for the inspection rate to be increased; but they are asking for enough inspectors to comply with the Board's directive. He stated currently three field inspectors do as many as 500 inspections a year, which causes the County to be a bit short; and they need an additional inspector to insure the field inspections are happening. Mr. Parker stated they would also like to add a new construction inspector to insure that the time to inspection new construction is decreased from six days to four days; the old performance standard four or five years ago was a four-day turnaround; that has slipped to six days; and that is not satisfactory. He stated they have proposed some changes to the fee structure in order to do that.

Commissioner Higgs inquired on page 3, number 5 is the decimal in the right place so that it is $5 per unit with a maximum fee of $150. Mr. Parker stated that was the original intent; the original maximum was $35; and it is being lifted to $150. Commissioner Higgs stated there are some hotels in the County that have up to 300 units; stated the maximum should reflect the number of units, rather than being an artificial maximum at $150; and a more appropriate fee would be to pay $5 a unit for inspections. She suggested amending the maximum fee from the $150 to based on the number of units.

Commissioner O'Brien inquired what is the cost per day for an inspector, and can he inspect a hotel in one day. He stated the fee can be raised to $2,000, but if an inspector inspects a hotel with 180 rooms and takes only four hours to do it, that is rape. He stated it is the ugliness of government walking in and saying just because someone owns a hotel, the County is going to charge it excessively; and that is not appropriate. He stated the number has to reflect some kind of appropriate cost to perform that function. Commissioner Higgs requested staff define the actual time process. Mr. Parker advised typically multiple inspectors will show up on a single scene to conduct inspections of larger hotels; and the two inspectors may take a full day or longer depending on the size, number of units, and amenities such as ballrooms that also have to be inspected. He stated the larger hotels take quite a bit of time, and the $150 does not cover the cost in that case. Chairman Carlson inquired about number 6, condominiums and apartments; with Mr. Parker indicating it is the same. Chairman Carlson inquired if there is a way to bring this back to consider more reasonable costs for these items; and stated any time a maximum is identified and there are multiple rooms, if the cost is not going to be covered, the fee needs to be adjusted.

Fire Chief Bill Farmer stated when the costs were compared to other fire prevention bureaus within the County and in neighboring counties, the costs were well above anything the other departments were doing. Chairman Carlson inquired if that is true in the hotel and condominium area; with Chief Farmer responding yes. Chairman Carlson stated if it is not covering the cost, she has an issue with that; and she does not understand why the Board would want to keep it low if it is taking a lot more time to deal with it.

Commissioner Higgs stated all she is interested in is covering the actual cost so other people are not paying for it. Mr. Parker advised an alternative would be to do something like the City of Melbourne does, which is to charge a set rate per hour so it covers the actual cost; and Melbourne uses a rate of $50 per hour per inspector on scene.

Chairman Carlson stated that makes better sense than what is proposed. Commissioner Colon stated it is more fair. Chairman Carlson stated she would support a motion to go to an hourly rate for inspectors on numbers 5 and 6, and whatever else might apply in terms of number of units. Commissioner Colon stated during the workshop this summer, the Board talked a lot about making sure it was covering expenses; and this is right in line with that discussion.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution amending fees and charges for fire prevention, new construction plans review, and inspection services; and Resolution amending fees and charges for triennial inspections, amended to provide for hourly rates for inspection of hotels, condominiums, and high-rise buildings. Motion carried and ordered unanimously.

CONGRESSMAN DAVE WELDON, RE: LEGISLATIVE UPDATE

Congressman Dave Weldon advised some of the Commissioners have raised concerns about getting U.S. 192 widened, particular as it pertains to hurricane evacuation; he was successful in obtaining federal funding for that four years ago; and the Florida Department of Transportation has been working on the issue ever since. He stated the engineering, design, and land acquisition phases for the County segment are near completion; bids will be opened on the construction phase in January 2002; and they anticipate groundbreaking in May 2002. He stated the engineering and design work for the Osceola County segments should be done soon; and they will be entering the land acquisition phase shortly, with construction scheduled to be completed on the entire project, from I-95 to the eastern sections of St. Cloud by the end of 2005. He stated the Max Brewer Bridge is another issue of importance to the County; and he worked with the County to get FDOT to assume responsibility for the bridge, but FDOT declined. He stated he was successful in getting $3 million in the House Transportation Bill for engineering and design work for the replacement of the bridge; the Senate did not include any money in its Transportation Appropriation Bill; and encouraged the Board to contact the Senators as this will be going to the Conference Committee in September. He recommended the Commissioners encourage the Senators to cede to the House language in that section of the bill. He stated he was successful in getting $8 million to extend the beach renourishment to South Brevard; the Cape Canaveral and Cocoa Beach areas were completed; and now it is time to take up the southern reach of the project. He stated the Senate only had $200,000 in its version of Water and Appropriations Bill; and if this is an area of concern, he would encourage mentioning this issue to the Senators. He stated the issue remains of how to deal with the worm rock issue as it pertains to Satellite Beach; and advised the worms are not endangered or threatened and the beach erosion is manmade. He stated there have been press reports about the budget and dipping into the Social Security Trust Fund; the surplus was slated to be approximately $280 billion at the end of the fiscal year, which will end September 30; but the passage of the tax cut package consumed approximately $40 billion of the surplus and the slowdown in the country resulted in less revenue to the treasury; therefore the surplus is slated to be approximately $165 billion. He stated there are some people criticizing this and attributing it to the tax cut, implying taxes should not have been cut; but it is bad economic policy to raise taxes during a slowing economy and good policy to reduce taxes in a slowing economy. He advised he sits on the Financial Services Committee; Chairman Greenspan appears before the Committee approximately every six months; and he testified a month ago that the economy would begin to turn around in the first quarter of next year, although some economists are projecting it will be in the third or fourth quarter. He stated the housing industry is sustaining the economy nationwide; it remains robust with not only new construction but refinancing. He stated the tax cut rebate checks are going out in the mail; many people have already gotten these checks; and explained the mailing order is related to Social Security numbers, and those with higher numbers will not arrive until September. He stated this is putting a lot of money into the economy; and it will be helpful in avoiding having recessionary economics, and maybe just having a soft landing. He stated he spent the bulk of his time working on space-related issues and issues like Medicare and Social Security; but he also got legislation through the House to make cloning illegal. He stated the mammals that have been cloned so far have had genetic defects and have been very large; and it is projected that in a human the result could be a 15 pound baby. He stated this is human experimentation that should be made illegal; it is currently illegal in approximately 30 countries; the legislation passed in the House with a very strong bipartisan vote; and it is currently in the Senate, where it will be taken up for debate in September or October. He stated the Space Station Program has a $4 billion cost overrun; they have been wrestling with this issue in committee for months; he went to Paris in June to meet with officials from the German, French and Italian space agencies; and the Italians are most interested and indicated a willingness to put several hundred million dollars on the table to help with the cost of constructing some of the remaining elements that are left to be built. He stated they were successful in the House Appropriations Bill on NASA to put an extra $350 million in the Space Station; but the Senate did not have those levels of funding; and that bill will go to conference. He stated they were successful in getting money for shuttle upgrades and improving some of the infrastructure at the Cape; and hopefully they will be able to work through the problem with the Space Station. He stated he is trying to get funding for the contracting program that allows the veterans who need to be hospitalized, who are being seen at the clinic, to use local community hospitals; and it is an ongoing process. He stated in terms of missile defense, there is some potential to bring work and jobs to the Space Coast because of the eastern range, which is the most sophisticated test range; and he supports missile defense for the nation. He stated gas prices are down; the rolling blackouts in California have subsided; the population of Florida is growing rapidly; and energy issues are going to be big for the State and community in the years ahead. He stated the cornerstone of developing new energy policy needs to be the ongoing continuing conservation and efforts to produce alternative energy sources; and there is no choice to develop more conventional energy sources in the years ahead to meet the growing demand.

Chairman Carlson stated the Board appreciates the update.

Commissioner Higgs stated she was in Washington, D.C. along with County staff yesterday; Congressman Weldon's staff was gracious and helpful regarding the beach issue; they met with the House staff; and it was a productive day. She stated they tried to lobby the Senate; Senator Graham's office is supportive of the County's issues; and Senator Nelson also indicated his support of the beach project.

Congressman Weldon stated he was not aware that Commissioner Higgs was there; he knew Commissioner O'Brien has made trips in the past; and it is very helpful when a County Commission comes up to talk about things because Congress is very sensitive to making sure there is local support. Chairman Carlson stated this works all through the legislative process; it is needed at the State and federal level; and people need to come out and talk about the issues of concern.

Commissioner Colon thanked Congressman Weldon; stated his office has been very kind in sending information regarding the youth; and inquired about the commitment of Washington to the war on drugs. She stated there was much controversy regarding California, energy, regulation, and deregulation; and requested feedback regarding the issue.

Congressman Weldon stated a lot of the press attributed California's problems to deregulation, but the truth is they did not deregulate; they re-regulated in a bad way, fixing consumer prices and not allowing power companies to engage in long-term contracting for power; and that ultimately led to the bankruptcy of the two major power companies. He stated many of the stockholders of those power companies were retired people or people who held that money in their retirement portfolio or retirement plan; and it was a very bad policy that was initiated in California. He stated deregulation needs to be done very carefully, and in such a way that the mistakes of California are not visited upon the State of Florida. He stated the State Legislature is looking at the issue; and it needs to be done properly. He stated he is pleased to hear of Commissioner Colon's interest in anti-drug efforts and the war on drugs; several years ago he tried to put together a more coordinated effort throughout the Congressional District to see if there could be a media campaign; and it is still possible to do that, but coordinating with Orlando is problematic. He stated the President's new faith-based initiative is the big focus in the war on drugs; they are trying to put money with the people who have being more successful in fighting the drug problem; if everyone pulls together and coordinates efforts, it may be possible to tap into federal dollars; and he would be happy to work with the County. He stated getting federal grants is a real possibility, particularly through the Department of Justice for some of the anti-drug efforts.

Commissioner Colon thanked Congressman Weldon for going to local government to report and get feedback. Congressman Weldon stated he likes to get to the city councils to do similar presentations; being in Washington 60% of the time makes it difficult; but he tries to do it as often as he possibly can.

Commissioner Scarborough expressed appreciation for the $3 million for Max Brewer bridge; stated they are making progress with FDOT; and Representative Bob Allen, who sits on the Florida House Transportation Committee, is arranging for that committee to meet in Brevard County to discuss the bridge. He stated FDOT is aware of that meeting; and advised of support from the President of the Senate and Speaker of the House. He stated it is critical for Congressman Weldon to proceed with the initiative in Congress.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct staff to work with Congressman Weldon to send letters to Senators Graham and Nelson concerning the A. Max Brewer Bridge. Motion carried and ordered unanimously.

Chairman Carlson stated Congressman Weldon talked about a soft landing on the economy; she attended the economic summit sponsored by the EDC; and commented on the opinion of Greg Miller that the economy would be rippling as far as the impact coming back down on the soft landing. She stated housing starts being up is a positive sign; and inquired in what areas does Congressman Weldon see significant problems in terms of the economy.

Congressman Weldon stated the hardest hit sector has been manufacturing of durable goods such as cars and machinery; the other area that has been hit hard is telecommunications equipment; and that has a ripple effect through the telecom industry, some impacts of which have been seen in the community. He stated overall the community is doing well; Boeing announced it will be bringing upwards of 400 to 500 new positions to the area; and the County has been relatively spared so far. He stated the telecom industry was a little bit over-invested and over-extended; this is just a normal economic adjustment; ad it will again begin to take off. He stated there are a lot of technologies that are on the horizon that have potential to precipitate expansion; the auto industry is like the canary in the coal mine; and hopefully there will be a turnaround.

Chairman Carlson inquired if Congressman Weldon sees gas prices going down any time in the future; with Congressman Weldon responding affirmatively. Congressman Weldon noted they have come down some; and compared prices in Washington and in Brevard County. He stated there is a problem nationally with insufficient production of gasoline; there are not enough refineries to meet demand; and that is a difficult issue because there is nothing more despised than having an oil refinery in someone's back yard. He stated the United States has gone from having over 50 oil refineries to only 26; and advised that is an economic, environmental, and national security issue.

Chairman Carlson stated the Board appreciates Congressman Weldon's comments and his support of the community on a lot of the issues.

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING TEMPORARY DEVELOPMENT
MORATORIUM IN THE 25-YEAR RIVERINE FLOODPLAIN

Chairman Carlson called for the public hearing to consider an ordinance establishing temporary development moratorium in the 25-year riverine floodplain.

Assistant County Manager Peggy Busacca stated on July 24, 2001 the Board directed staff to prepare and advertise an ordinance establishing a temporary 180-day moratorium on construction within the 25-year riverine floodplain; the draft ordinance being considered today is the first of two public hearings to establish such moratorium on building permits, site plans, subdivision approval, and unpaved road permit approval; but it would allow for the continued processing of building permits, site plans, and subdivisions which are currently in the system, as well as providing for the construction of fences, signs, mitigation sites, or other projects that are subject to minimal risk and hazard, and are determined by the Board to be in the public interest. She stated the Local Planning Agency considered the ordinance on August 20, and voted to recommend it be limited to applications for subdivisions only.

Commissioner Scarborough stated there is a memo giving the definition of what is in the 25-year floodplain; and inquired if the Board passes the moratorium, how will the Board deal with individuals in terms of whether they are or are not under the moratorium as there is some questionable data. Ms. Busacca stated staff would ask for topographic information on the property; and then staff would analyze that based on the studies that have been done by the St. Johns River Water Management District as to the riverine floodplain. Commissioner Scarborough inquired if it would be the individual's burden to bring in topographic information; with Ms. Busacca responding staff would use its topographic information, but if the individual did not feel it was accurate, he or she could bring in additional information.

Commissioner Higgs stated on page 2, section 1, line 9 of the draft ordinance, it says, "consider for adoption land development regulations to limit development"; and inquired if the Board would want to consider "control" rather than "limit." She stated the purpose in looking at this is to look at the land development regulations as opposed to limitations. Commissioner Scarborough expressed agreement.

David Armstrong, President of the Homebuilders and Contractors Association and owner of Armstrong Custom Homes, stated he reviewed the ordinance 10 or 15 times; and commented on application to 50% of the land, availability of flood insurance, septic tanks, and various checks and balances. He stated he looks at the ordinance with different eyes than the Board; as an owner of land and a taxpayer, he questions why construction would be stopped on 51% of the property for 180 days; he is sensitive to the Deer Run issue; he has lived in the County since 1955; and he knows Deer Run has a drainage problem; but the County has put in a lot of good checks and balances to control those issues. He stated the County should not punish the masses for the few; and commented on people in the Lake Washington area who may not be able to build for six months and the resulting implications. He stated topographical surveys are very expensive; and advised of building moratoriums, changes in family dynamics, additions to homes, time for building process, and ordinance creating a one-year stressful condition. He stated it is unconscionable to look at the ordinance in any other way than to not approve it because it is taking away the opportunity of individuals to use their property for the use for which they purchased it; and advised of the implications to the real estate community. He recommended the Board scrutinize the ordinance, and draft something of a smaller impact to correct the problem, but not adopt the ordinance as presented today.

Commissioner Scarborough stated the only way to effectively handle the problems at Deer Run is by pumping, which is expensive; the question becomes whether it is good to get into the pumping scenario to provide for livability; and he does not believe it is. Mr. Armstrong stated Deer Run is below water level. Commissioner Scarborough stated that is incorrect; and the 25-year floodplain is the place where it is known there will be flooding. Mr. Armstrong stated people know that when they buy property and build accordingly. Commissioner Scarborough stated then people want the County to come in and pump the land; it changes the nature of the whole community and is expensive; and some of Mr. Armstrong's statements were terrible misrepresentations of the truth. Mr. Armstrong stated he lives in Lake Washington; he site developed his property so as to accommodate water and runoff; and it is all about putting in the proper foundation before building. Commissioner Scarborough stated in Deer Run the individual units did not flood; it was the whole area around it; and that brings the possibility of snakes and alligators, and the question of viability of septic tanks.

Franck Kaiser stated he attended the LPA meeting where there was a good presentation and discussion; and on behalf of the Homebuilders and Contractors Association and owners of developed property, requested the Board not consider passing the ordinance as it is written. He stated there are a number of people who would suffer throughout the County as a result of the few problems in Canaveral Groves and Deer Run; and those problems should be addressed individually rather than having a blanket moratorium. He stated if the Board chooses to not consider that request, he would ask that it consider the recommendation of the LPA to allow those existing lots to be permitted for construction, but not allow further development of subdivisions until the County's planning requirements are revised to deal with the flooding problem. He stated it is a reasonable recommendation as a minimum consideration to modify the proposed ordinance.

Chris Gross stated he lives in Deer Run, and agrees with the person who said that Deer Run is not a flooding issue, but a drainage issue. He stated it has been fully documented; it is an unfortunate scenario; however, to allow further development in Deer Run specifically would be negligent, and put more stress on the system and more people in harm's way. He stated they have great concerns about the way things have unfolded in Deer Run; it has been a crisis du jour and reactive scenario; and they want a proactive approach. He stated their neighbors' properties that are agricultural and industrial are dry because they pump; the Board has to balance the interests among agricultural, industrial, and residential land uses; and it must be done in a compassionate form. He stated he would not have bought in Deer Run if he had known what was going to unfold; and inquired about doing preventive maintenance on the drainage system and stormwater to insure the system will function. He stated the St. Johns River Water Management District has put a temporary condition to allow them to pump water to the southwest; water does not go uphill; and inquired if they are going to wait for the next event or are they going to get the pumps. He commented about serious health issues; and stated inaction is equivalent to negligence. He stated the County signed off on Deer Run, and they are hostages; and requested compassion from the Board. He commented on things that have gone on in Deer Run, building in a floodplain after paying taxes and pulling permits, house pad and roads not flooding, and condition of the sides of the roads. He expressed concern about unsavory transactions in the area as a result of the nature of the conditions and appearance; stated it is going to promote the wrong kind of thing; and requested help for the 25 people at the back of Deer Run who are being affected.

Commissioner O'Brien stated he is very sensitive to the comments being made; but if the same trip was made on North Merritt Island, there would be acres and acres under water with barns built up two or three feet above the water level; in the same kind of storm event, there would be houses surrounded by water in North Merritt Island as well as in West Cocoa; so the problem in Deer Run is not peculiar to Deer Run. He stated that is why the houses are built that high off the ground and why the road is raised; and it is unfortunate that there was a recent storm event that was hard on the area; but it is not uncommon in many other areas of the County.

Roy Pence stated as neighbor of Deer Run, he has compassion for the severe problems they have encountered during the storms; and he applauds the Board for its efforts to address those problems. He requested the Board look at the process Deer Run went through at the time it was permitted and compare it to today in order to make an informed decision on what needs to be done. He stated the project was permitted in 1981; the County did not have any development process in place; the developers did not have to get a stormwater permit from the County or from St. Johns River Water Management District; and Deer Run could not be developed today as it was in 1981. He stated the County has a very thorough regulatory process; anyone who wants to use his or her property has to go through the process; and there is duplication with the St. Johns River Water Management District. He stated the County has rules in place that were not in place when Deer Run was permitted; obviously the Board needs to do something about Deer Run; but to do a moratorium that impacts the property owners in a substantial part of the County is not necessary. He stated there would never be a permit issued from the County to design a stormwater system for a subdivision that called for a pump; that will not happen from the County or the St. Johns River Water Management District; and a terrible situation like Deer Run is not going to happen again. He commented on the County's regulatory process and need to address the problem in Deer Run; and requested the Board not cause an impact to a substantial portion of the County through a moratorium.

Commissioner Scarborough stated there was a bad flood in the north end of District 1 a couple of years after he was elected; and it is not just a Deer Run problem, but as Commissioner O'Brien said, a County problem. Mr. Pence stated the County has implemented a tremendous amount of regulations. Commissioner Scarborough stated people are building where they should not be; with Mr. Pence suggesting the Board look back and see when those projects were permitted.

Commissioner Colon stated one of the things that has been brought up by citizens who have experienced this type of catastrophe is the need to have something in place so the development community and realtors inform the citizens what they are getting themselves into; and a lot of people do not understand what the floodplain is, while people in government and in development are fully aware of the terminology and what will happen. She stated the Board wants to make sure that realtors and developers, title companies, etc. send a red flag that people are not to develop in certain areas; and if they do, there are certain things they must do to protect themselves from being under water. Mr. Pence stated he applauds the effort but to impact 51% of the County through a moratorium is not the right approach.

Marsha Trotter thanked the Board for trying to resolve the problems in Deer Run and passing a moratorium, which is a step in the right direction. She expressed appreciation to Commissioner Colon for her efforts in the community; and stated they are hopeful she will hold the line on the moratorium even though they do not want Deer Run to impact the County at large. She stated problems can occur from inadequate drainage systems; Deer Run was permitted by the St. Johns River Water Management District, and the County accepted that permit; and they are at the mercy of the County and the St. Johns River Water Management District.

Tim Jelus, representing himself and his family, stated he owns property in the 25-year floodplain in the Lake Washington area; his wife has finished the plans for a house; and he would like to be able to pull a building permit. He stated he did not realize this until the last LPA meeting; he would like to proceed with building his family's house; and putting a moratorium on issues that are related to other communities is affecting people such as himself and his family. He requested if the Board has to place a moratorium, that it limit it to new projects and exempt single-family building permits.

Commissioner Colon requested Ron Jones provide some feedback and history. Drainage and Surface Water Director Ron Jones stated the issues associated with development in the 25-year riverine floodplain are matters of not if, but how often it will flood; and the Board requested staff to look at alternatives and options for putting into place development standards to provide a better level of protection and notification. He stated the issues associated with the existing lots of record pose a great difficulty; there are a number of lots of record; and staff is currently working on recommendations, which the Board will be seeing soon. He stated the Board, at the time Deer Run was approved, noted that parts of the properties associated with Deer Run were very low; and they mandated that the roads and finished floor structures be elevated. He stated a couple of the speakers have commented that today's standards would preclude that type of development; but that is not correct; and under today's criteria, another subdivision like Deer Run could be approved.

Commissioner Scarborough stated the building permit is one item; the unpaved road is another item; and site plans and subdivision plans are other items; and the LPA said the site plans and subdivisions are something that should have a moratorium. Ms. Busacca stated the LPA recommended only the subdivision, due to the creation of new lots; and the recommendation would allow existing lots to be developed. Commissioner Scarborough stated there was mention of unpaved road agreements; some of these are generated by roads being forged out into previously undeveloped areas; and they are not subdivisions, but just people who go out into undeveloped areas. He stated if the Board wants to take a compromise he would not want to see new avenues opened up into the floodplain with unpaved roads; there is the least amount of knowledge there; and sometimes the people are the most vulnerable because they may begin this in the winter months where there is no problem, but by summer, there may be a problem.

Commissioner O'Brien stated he recalls seeing a map about two years ago that showed approximately 40% of the County was in the 25-year floodplain; and inquired if that is a reasonably accurate number. Ms. Busacca advised the map is available; and the estimate is 20,000 parcels including much of what is owned by the St. Johns River Water Management District and is agricultural lands. Commissioner O'Brien stated he recalls the line parallel to Rockledge and Viera and going south that came quite far inland. Ms. Busacca advised the map is being put up for viewing; and the map was provided by the Property Appraiser's GIS Section. She stated it is the area shown in light blue adjacent to the St. Johns River, and it essentially follows the river; the orange part of the map is Palm Bay; and it shows how much of Palm Bay is considered within in the 25-year floodplain.

Commissioner Higgs stated there are 40,000 lots in the area that would be affected by the ordinance, with 20,000 in the unincorporated area. Ms. Busacca stated that is the estimate; and it includes agricultural lots, lots are owned by the St. Johns River Water Management District, and is not all single-family lots. Commissioner Higgs inquired how many others are there that can still be developed; with Ms. Busacca responding approximately four or five times that amount.

Commissioner O'Brien inquired if the large area of Palm Bay is already built out in the 25-year floodplain; with Ms. Busacca responding it is already subdivided. Commissioner O'Brien pointed out various areas on the map, which are in the 25-year floodplain; and stated that it is a substantial area of the County. Ms. Busacca stated a large percentage is in the floodplain. Commissioner O'Brien stated the 25-year floodplain also includes a lot of the 10-year floodplain. Ms. Busacca advised the 10-year floodplain is below the 25-year floodplain; and the riverine floodplain includes the Eau Gallie River and creeks off of that river, although that is not clearly depicted on the map. Commissioner O'Brien stated one of the speakers said that real estate sales of undeveloped property would be adversely affected as well as other industries such as the construction industry; and he is concerned about that. He stated the fall-out in times of economic slowdown would be reduced sales at Lowes, Home Depot, and stores like that, if there is a moratorium on building in these areas. He stated he agrees with Commissioner Scarborough about holding it to subdivision applications and lots on unpaved roads. Commissioner Scarborough stated if there is a road and other infrastructure improvements, it may be necessary to come in with some control measures, but there is a problem if there has already been an investment in infrastructure to say they cannot develop the area. He stated if someone is putting in an unpaved road so he can develop a parcel, that is like a new subdivision, but on a smaller scale, as it is opening up a new area; so the philosophy would apply to the small and the large equally. Commissioner O'Brien stated he can follow the LPA recommendation; but most unpaved roads are not built to the height that is needed; and requested comment from Mr. Jones. Mr. Jones stated under today's permitting criteria, unpaved roads can be built ten inches below the 100-year flood elevation, with additional amount of material added to the graded road in terms of stabilized subgrade and asphalt that typically brings it up to the 100-year level.

Commissioner Colon stated she does not want people to get a false sense of security; the Commissioners only have jurisdiction over the unincorporated area of the County; and it has no jurisdiction over Palm Bay, which is a municipality. She noted even though Deer Run has a Palm Bay address, it is within the unincorporated area of Brevard County, and not in the City. Commissioner Scarborough stated an unpaved road in the 25-year floodplain has to meet both criteria before the moratorium would affect it. Commissioner O'Brien stated there is a lot of concern about Canaveral Groves, but only the west side of I-95 is in the 25-year floodplain; most of it is farmland; so there is no construction out there.

Commissioner Higgs stated there are people who have built in the areas that have problems, and expect the Board to solve their problems or at least have regulations to keep the problem from occurring; and from the testimony she heard from staff and from the people, those regulations are not in place. She stated the Board should move forward with the moratorium in the 25-year floodplain as drafted in the ordinance to include all those properties and the change she suggested on page 2, changing the word "limit" to "control." She stated it may not be necessary to have 180 days; and the Board should quickly move to get the ordinance in place and insure that as best it can that it is not allowing problems to be created.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve moving ordinance establishing a temporary moratorium on development within the 25-year riverine floodplain, amended to change the word "limit" on page 2 to "control", to the second public hearing.

Chairman Carlson stated it is in the best interest of the public at large; and what the Board is attempting to do is create a better safety net for homeowners and those interested in moving into these areas, and also for the County to be cost effective with these problems in the future.

Mr. Knox stated his understanding is the Board is moving this forward to a second public hearing after 5:30 p.m.

Discussion ensued on first and second public hearings.

Commissioner O'Brien stated he is having trouble supporting the motion because it may affect some people who have already bought a parcel and have heavily invested in a single lot; and if they come for a permit, staff can remind them they are in the 25-year floodplain and of the rules and regulations to help prevent flooding of their houses. He stated if it was restricted to developments or anything on dirt roads, he could support it, but he cannot support a blanket moratorium.

Commissioner Scarborough stated he is going to vote for the motion; this is the first of two public hearings; and he plans to further explore the problems with allowing continuation of building on a site where there is an improved road; and that can be discussed at the second public hearing.

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

Chairman Carlson inquired when is the second public hearing; with Ms. Busacca responding she was going to ask the Board if it would prefer it be held on the September 12 Budget meeting or wait until the October 9, 2001 meeting.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve holding the second public hearing on September 12, 2001. Motion carried and ordered unanimously.

The meeting recessed at 10:40 a.m. and reconvened at 10:54 a.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING BREVARD COUNTY IMPACT FEE
PROGRAMS

Chairman Carlson called for the public hearing to consider an ordinance amending Brevard County Impact Fee Programs.

Kim Gabriel, President of South Brevard Habitat for Humanity, stated she understands that impact fees provide important service opportunities to the community and that the concept is always positive; but urged the Board to look at the fallout that can happen if there is no plan in place for those who cannot afford the increase. She stated there are an estimated 270,000 people in the County who earn less than 80% of the median income; and 60% of those earn less than 50% of the median income; these individuals are struggling to survive in Brevard County where housing costs far exceed income levels; and an increase will put an already burdened population in jeopardy unless the Board puts a plan in place to offset the increase. She stated school bus drivers, teachers aides, counter clerks, the service industry, and other individuals making $7 to $9 an hour cannot afford a decent two-bedroom apartment in the County because the average cost exceeds $600 a month; and it is necessary to find a way to preserve affordable housing. She requested the Board insure the development of an impact fee assistance program if it plans to increase impact fees. She stated as the community grows, the County will only be as strong as the programs in place to insure the success of every citizen.

Commissioner Scarborough suggested the Board have a brief discussion on how it plans to handle that problem. Chairman Carlson recommended hearing the speakers, and then address that.

Gail Glotz-France, Holiday Builders, stated she has been selling houses in Port St. John for 15 years; and commented on the effect of impact fees and floodplain regulations on people trying to get into a home. She stated she sells approximately 100 homes a year to first-time homebuyers; 85% of the people she sells to earn less than $28,000 a year; and even with government assistance, they are barely getting in. She stated Holiday Builders wishes everyone to have the American dream of owning a home; and she hopes the Board will take that into consideration. She stated if these people are forced to rent, they will be paying $600 to $800 a month just for rent, and requested the Board not raise impact fees. She stated some home sites are selling; and this action by the Board would prevent her from doing her job.

Commissioner Scarborough inquired how many of the sites are in the 25-year floodplain; with Ms. Glotz-France responding she does not know. Commissioner Scarborough stated there is no problem with the 25-year floodplain in that area. Ms. Busacca stated she can speak with Ms. Glotz-France after the meeting to determine if there are floodplain concerns.

Maureen Rupe stated she spoke to the Board last week on the importance of an increase in impact fees to cover some of the cost of growth; and when this issue was before the Board last year, it was argued that the cart was being put before the horse, and that a study was needed as some believed that current taxes were sufficient to cover the cost. She stated the consultant's report shows Brevard County is way behind other counties; and it showed that not only does the County need to increase the fees, but with the exception of the commercial impact fees, the fees could have been challenged at any time by residents as a discrimination issue. She stated commercial impact fees have been reinstated; and those fees would have made a great deal of difference in taking care of the substandard roads in Port St. John. She commented on house prices today and ten years ago; and inquired how builders can object to a $400 fee when the costs of houses continue to rise almost daily. She stated new growth has strained the County to the point that taxes can no longer continue to stay the same; there are millions of dollars needed for unfunded projects; growth should pay for itself, but does not; and the taxpayer has to subsidize it. She stated if the voter is going to be asked next year for an increase in taxes, the Board must show that everything is being done to lighten the burden and that everyone is paying a fair share.

Mary Tees stated she moved into the County ten years ago; she could not afford today the home and land that she bought ten years ago because costs have gone up that much; and if costs have gone up in ten years, something else should have gone up. She stated she has been in the credit industry for 25 years; and if $411 is going to keep someone from getting a $70,000 home, she wonders how closely they are tweaking the loan application. She stated once they move into the house, they are totally responsible; they have to buy window coverings, shower curtains, and a lawnmower; and that is more than $411. She inquired if people are being put into a house and then are not able to put food on the table because they bought a house; and suggested the County look at that. She stated there is a 14% increase in existing home sales in the County, 16% Statewide; and maybe a new home is not the best place to put someone who has never had experience with a home. She commented on concurrency, the number of roads that are at or about to reach the saturation point; commented on SR 520 and Barnes Boulevard; the number of road deputies in 1991 versus 2001, and whether the response time within the ten years has increased or decreased, and libraries. She stated these are the things that impact fees are for. She stated if taxes are increased on existing homes, somewhere it will be necessary to share the cost of paying for services. She stated the EDC needs to find good paying jobs so all of the people can afford a decent home; that is an issue that has to be addressed; and no one wants to work for $7 an hour.

Amy Tidd stated she supports impact fees to cover the costs of new buildings and new residents. She stated a lot of people are moving into the County; the people who are here are shouldering the burden right now; and inquired how far will $400 go toward paving a road. She stated the fees for transportation should stay in the area where they are being raised. She stated they are saying that people cannot afford houses; buying a new house is a costly endeavor; a lot of houses are sitting vacant; and the impact to the County would be better improved if people moving into the area bought an existing house. She stated the current residents should not have to shoulder the costs; and a raise in impact fees is needed.

Bob Schleich stated the Pebble Creek Homeowners Association had a meeting with Commissioner Carlson concerning a lot of these items, especially the impact fees. He stated seven homeowners divisions were at the meeting; and they are all in favor of the increase in impact fees on new homes. He stated the Wickham Road area was quiet five years ago; but with new schools, new businesses, and new construction, traffic is horrendous; and there is no money to make any changes. He stated there are seven homeowners divisions in the area; there are three new ones going up with approximately 1,200 homes; and that is going to increase traffic, but there is no money available to change anything. He noted it is not even possible to do the Pineda Causeway extension because there is no money. He stated ten years ago the impact fees should have been arranged to increase gradually; and he is willing to get a petition in favor of increasing the impact fees. He stated an existing house is a lot less expensive than a new home; and in that case the impact fees would not affect a first-time buyer. He recommended some provision be made for a reduced fee or no fee for Habitat for Humanity houses. He stated on Wickham Road the new housing developments will have deceleration lanes; the existing homes do not have deceleration lanes and no money is available for them; and commented on the safety factors.

David Armstrong, Homebuilders and Contractors Association, requested those people against the raising of impact fees stand; and a small group stood. He stated the people present are only a few of the people who would like to speak because others have jobs that do not allow them the freedom to come to the meeting. He stated the homebuilders, contractors, and developers understand the need for infrastructure; it is a travesty that there has not been an educational process to let everyone understand what impact fees can do; and if every impact fee was collected today based on last years performance, it would not produce a half-mile of road. He stated there is a softening economy; and advised of previous discussions about gas tax and sales tax. He stated 46% of the working population comes from the Palm Bay South area; a lot of construction workers live in that area because they can afford to build there; and he wonders if $600 in impact fees are added, including the library fee, how many people will be blown out of the home market. He stated he agrees with the lady who was a lender that sometimes things are tweaked to help people get into homes; they look at many avenues; and advised of growing up in a mobile home in West Melbourne because his father, who was a builder, did not have enough money to own a home. He commented on manufactured housing, business trucks parked at 7-Eleven stores, construction industry slowdown, layoffs, and businesses that have stalled. He stated the County uses a study from Tindale Oliver to support the need for impact fees; and suggested putting in a fee that is large enough to make a difference. He commented on the cost of the study and Brevard Tomorrow.

Fran Wales stated she came to address the emergency medical impact fee that is being proposed at $38.65; and she has questions she would like to put on the record. She inquired if the people in Palm Bay and Melbourne will be paying this EMS impact fee, and if so, what percentage of the fee will be given back to these communities, which fund their own police, fire, emergency, and all of that out of their taxes. She inquired if the fees will also be charged to all new housing units including manufactured housing. She stated the Micco/Barefoot Bay residents are not billed for ambulance service when they use it; in the rest of the County every time someone calls an ambulance, they receive a bill for hundreds of dollars; but Barefoot Bay/Micco pays a slightly higher annual assessment, and does not get billed. She stated in the past the difference in assessment has been approximately $17; the Barefoot Bay/Micco residents get a special benefit that is denied to the rest of the County; and at one time other residents requested this benefit. She noted even insurance companies that cover Barefoot Bay residents get a free ride; but the rest of the County is denied that option. She suggested since those residents are receiving a special benefit, their impact fee should be substantially higher than that in the rest of the County; and stated it is not right that the rest of the County is subsidizing in the impact fee for EMS. She commented on people on fixed incomes, everyone being offered the same benefit, transportation impact fees, and need for signalization at high volume superstores.

Commissioner Colon stated Ms. Wales is talking about EMS; she would like to know the percentage that goes back to the municipalities; and she would also like to get feedback on the Micco/Barefoot Bay issue.

Commissioner Scarborough inquired if there is a separate policy for mobile homes; with Planner Steve Swanke advising manufactured homes would be required to pay an impact fees, as in most cases it would be assessed as a single-family home. Commissioner Scarborough stated it has been said several times that manufactured homes would not be required to pay an impact fees; and inquired are there special rules; with Mr. Swanke responding not at all. Commissioner Scarborough stated manufactured homes put as many people on the road or in the library as stick built homes. Planning and Zoning Director Mel Scott advised the rate schedule breaks down all residential uses; and there is a separate fee for mobile homes, which is typically lower.

Lillian Banks stated on her tax return, she is paying the Brevard Library District $75.62, plus she is paying the Merritt Island Library $11.96; she lives in an average house; and that is for only one person. She stated the Board keeps saying it has reduced taxes, but her taxes have not decreased one single year; and even if the Board does not put on the new proposed taxes, her tax will still go up $77. She stated she does not agree with the Board's plan to raise all impact fees to the maximum as well as the permit and user fees; the Board may call it impact, but it is just another tax that penalizes the citizens more than the people moving in from outside the County; and the affected homebuyers comprise a large portion of the current homeowners moving up or down. She stated the Board has a habit of comparing Brevard County's fees to those of other counties; and inquired if the other counties have the same population, same type of workforce, and are their citizens being taxed for a $55 million land acquisition program, or a $72 million park boondoggle. She stated the comparison should compare apples to apples. She stated majority of the workforce is service oriented and does not bring home a huge paycheck; and the rest of the taxpayers either underwrite their purchase of a home or their dream of owning a home vanishes. She inquired why shatter those dreams with senseless impact fees. She stated the Board has not proven why it needs more money to operate; and inquired where is the breakdown of what the money is spent on now and does it prove a great need for more. She stated the Board frequently says that 60% of the citizens voted for the EELs Program; but that is a misleading statement. She stated the County is in the eleventh year of the program; a considerable amount of land has been purchased; and CARL provided matching funds in many instances, which allowed even more acres to be purchased. She suggested asking the 60% if it would like to use the excess tax dollars above debt service for roads and infrastructure; and stated last year the County received over $3 million for EELs, but the debt service is only $2.6 million. She inquired why not use the excess for maintenance and the rest for infrastructure, or let the citizens decide how to dispose of the excess. She noted SR 520, SR 3, and SR 528 are not County roads.

Franck Kaiser, representing the Homebuilders and Contractors Association of Brevard, stated the Board is steady on its track to move forward with increasing impact fees; and once again, the Association is opposed to the impact fees for numerous reasons, primarily affordability. He requested the Board address the affordability issue before making a final motion on the proposed ordinance, and possibly exempt those in the very low, low and moderate income levels, who qualify for down payment assistance programs. He stated for the total impact fees that are proposed, it is $1,361 for a single family home and $581.17 for a mobile home; and he would like to know the difference in impact to the infrastructure and why a mobile home should pay 70% less of an impact fee. He noted manufactured homes do not bring any income to the County; they are manufactured outside the County; and homes that are built in the County are paying a higher impact fee, are being built by contractors who are local, are generating jobs in the County, and are generating money in the retail economy as well as paying taxes to the County. He stated the people who spoke in favor of impact fees already have their homes; and the ones from Suntree who are complaining are the ones who have moved there in the last two or three years, not the people who have been there for 15 years. He requested the Board consider the affordability issue before moving forward.

Chairman Carlson inquired if Mr. Kaiser got a copy of the August 24, 2001 memorandum concerning low and moderate income; with Mr. Kaiser advising he did, and it should be considered.

Commissioner Scarborough requested an explanation of the difference in fees between stick built and manufactured homes. Mr. Scott stated the differences are based on the trip generations that modeling reveals in the two different types of situations; the transportation engineers and experts calculate a trip generation; and they have observed a trip generation from stick built single-family homes that is higher than mobile homes.

Commissioner Colon stated Mr. Kaiser brought up at the workshop that an $85,000 home has a mortgage of approximately $532, which is pretty affordable. She stated people keep talking about Palm Bay in terms of affordable housing; but in Palm Bay, there are the Lockmar area and the Bayside area where homes range from $125,000 to $225,000, so there are tastes for everyone. She stated Palm Bay is a beautiful community, and is affordable at every pay scale; and she does not want people to get the wrong impression that it is all affordable housing.

Gary Guido stated he was a party to the meeting mentioned earlier where several different developments got together; and at that meeting, they all supported the impact fees. He noted there are a lot of people who are in favor of impact fees who cannot be here today because they are working. He stated in the last three days he has spoken to 65 residents of Pineda Crossings; and in every case the residents have asked that he come today and say they are in favor of impact fees. He stated he is concerned about the opposition; the County has the lowest fees in the area; but developers and realtors try to indicate their concern about the homebuyers. He stated there are other businesses that have to take a little less profit when the price of a product gets too high; and that is what the developers and realtors are really concerned about. He commented on the development of Pineda Crossings, creation of dust storms, and water trucks not being used. He stated impact fees in his hometown are currently at $3,600 and increase according to the CPI every year; and taxes on a $135,000 home are $2,828 just for schools. He stated he moved to the unincorporated area of Brevard County because of taxes; he understands if he wants services, he has to pay for it; he does not mind them going up in increments; but he does have a problem with the elected officials who do not take their fiduciary responsibility seriously. He stated the Board is taking its fiduciary responsibility seriously; an increase is needed; it has been 12 years since the last increase; the fees should have been increased on a regular basis; and a small increase is needed to protect the residents.

Frank Mohme stated he has been in the County since 1956; and he is tired of paying for growth that is being caused by those people who are moving in. He stated one builder said the residents get a free ride because they paid their fees 20 years ago when they built their houses; but he has been paying every year; and when the fees are not raised to keep up with growth, the money has to come from some place. He stated the builders are going to cry but this is not a penalty on the homebuyer. He stated additional residences put an extra load on infrastructure; and that is what the Board needs to look at. He stated they talk about the impact fees on a minimal house being a burden to someone buying that home; but the number of homes that fall into that category is minimal. He stated when he looks in the newspaper he sees $100,000 to $300,000 homes being built; $1,300 is a small amount; and those people will spend more than that on landscaping. He congratulated the Board; and stated if it had raised fees years ago, it would not be in the bind it is today. He requested impact fees be raised on a yearly basis.

Chairman Carlson inquired about Ms. Wales' question about impact fees for emergency services. County Manager Tom Jenkins stated the question was whether Melbourne and Palm Bay would be paying the fees; with Mr. Scott responding no as they do not participate. Mr. Jenkins inquired if they chose to participate, would they enter into an interlocal agreement with the County; with Mr. Scott responding that is correct. Mr. Jenkins inquired if any of the impact fee money is given to those cities; with Mr. Scott responding no. Mr. Jenkins stated even though it is one Countywide district, if they do not participate, they do not get any money; with Mr. Scott advising that is correct; when the subcommittee meets to identify how those funds will be dispersed, they make sure that improvements do not occur in those municipalities that do not participate; and it is also brought to the Board for its review on the Consent Agenda. Mr. Jenkins inquired about manufactured homes being included in impact fees; with Mr. Scott responding they are and there is a special rate for them. Mr. Jenkins inquired what is the percentage of increase in the EMS annual assessment that is going to the cities for first responder; with Public Safety Director Jack Parker responding the increase to the first responder program is 3.5%. Mr. Jenkins stated the other issue mentioned was Micco and the different rate; they pay a higher annual assessment and do not have third-party billing; and requested an explanation of how that is achieved. Mr. Parker advised they have a different service level than the rest of the County; the revenues that are collected for EMS in that area fund one paramedic per shift for ambulance in lieu of two as is done in the rest of the County; and they are able to do that because of the additional support they get from the Micco volunteers.

Chairman Carlson stated the next item was whether to have a discussion on the August 24, 2001 memorandum concerning the impact fees for low to moderate income houses and how that might be addressed. Rosa Reich, HOME/SHIP Administrator, stated staff did an analysis of the homebuyer program over the last three years; of the 174 people who were assisted, only 15 houses were new construction, representing only 8% of the first-time homebuyers; and they tend to be in the low to moderate-income level. She stated 92% buy existing homes with an average price of $59,512; those who buy new construction average about $87,000; and they would be the ones impacted by the fees. She stated a $500 increase amortized over 30 years at 7.25% interest would be an impact of $3.58 per month over the 30-year period. She stated they took the Collier County study as well as information from Lake and other counties; and they are all using the first-time homebuyer program to help defer or waive part of the impact fees. She stated based on the level of assistance the County's citizens need, staff came up with two options; and the first would be an across-the-board $500 in assistance to pay for the impact fees for new construction. She stated this would be above the assistance they already give first-time homebuyers; first-time homebuyers receive from $5,000 to $12,500 in down payment and closing cost assistance; and the amount of assistance depends on family size and income level. She stated option 2 would allow them to assist first-time homebuyers on a scale basis depending on income level; at the highest rate from 81% to 100%, the County would pay $500 upfront of the impact fees, and the rest would be paid by the homeowner; and the $500 would then be rolled into the mortgage the County already holds, which the homeowners must pay back over a five-year period at zero percent interest. She noted homebuyers must pay $500 to $1,000 of their own money out of pocket when they purchase a house, whether new or existing, so they will have input into their home ownership. She stated for households that fall between 55% and 80% of the median income, the County would pay 25% of the impact fees with the homeowner paying the remaining 75%; and the 25% would be rolled into a mortgage and held during the lien period. She stated at 51% to 65%, the County would pay 50% of the impact fees and the buyer would pay 50%; and at zero to 50%, the County would pay 75% of the fees, and the homeowner would pay 25%. She stated at the three lowest categories, it would be a deferred lien; nothing would have to be paid during the time of the lien period; but if they sold the house for any reason, then it would be amortized for the life period; and provided an example.

Commissioner Colon inquired if it is possible legally to exempt someone completely, such as Habitat for Humanity. Mr. Knox stated the claim the County would face would be an equal protection claim, whether the Board could rationally deny the same privilege to someone else who would have to pay the impact fee; and the standard for whether or not the Board can do that is tied to whether there is a rational basis. He stated in the case of new homebuyers who have modest incomes and cannot afford a home, it may be that the County would sustain some kind of distinction; but there would have to be a study to support it.

Commissioner Scarborough stated it would not be exempting or waiving, but developing a program to pay the fees; the Board can allocate any way it wishes based on what it thinks is appropriate criteria; and if as part of the determination it is found that Habitat for Humanity has a much higher level of screening than can be provided internally, and the Board looks to their screening process as a means for disbursement, there would not be an argument. Mr. Knox stated a subsidy is preferable; with Commissioner Scarborough advising that is being suggested.

Commissioner Colon stated realtors have contacted her office indicating willingness to work with the County; and requested feedback on how the community can help and whether that is feasible. Ms. Reich responded she can research that; the waiting list right now is six months from the time the application comes in until there is a closing on a house; so that is not really a waiting list. She stated there has been staff turnover and they are training; the normal waiting list is approximately three to four months, which is pretty fast turnaround; and that gives the client time to research the mortgage and go house shopping. She stated they are looking at reducing it, and would be happy to discuss with the realtors a way of streamlining the process. Commissioner Colon stated this affects the community because it is based on what the interest rate is going to be; the realtors are willing to help because it affects their ability to do closings; and suggested staff work closely with them to rectify this problem. She stated the fact that there are problems in-house is not an excuse; and if they are willing to help, the County should take advantage of it. Ms. Reich indicated staff is willing to work with them.

Commissioner Scarborough stated at the workshop Ms. Busacca mentioned how this is all brought together; the Board is more advanced in its discussion of this impact fee segment, but not the library segment; and it is the intention of the Board to incorporate some of these thoughts on affordability into the action. He stated Ms. Busacca made suggestions concerning the effective date; and requested Ms. Busacca comment. Ms. Busacca stated her suggestion was that most of the time the Board gives some lag time before the effective date of impact fees to allow people who have contracts at a certain price to come in and obtain a building permit; and if the amount of time could be coordinated to implement the impact fee offset programs with the effective date of the Impact Fee Ordinance, they could be effective at the same time. Commissioner Scarborough inquired how long would it take to have a product for the Board to act on the affordability issue; with Ms. Busacca responding it could be done by the effective date of September 30. Commissioner Scarborough inquired if it would come before the Board for action before the 30th; with Ms. Busacca responding yes, the affordable housing portion.

Commissioner Colon stated one of the things that came up was Barefoot Bay being able to put money together and have a paramedic and then work with volunteers; and there has always been that at the municipality level. She stated the Board talked about first response, with a municipality getting the first response and then having an ambulance come in after; it was discussed at the workshop how sensitive this issue is with the municipalities; and the concern is they do not want to be double taxed. She stated they are going to get a $300+ bill for the ambulance and on top of that there will be the increase; and inquired how feasible is it for a municipality to do its own transport. Mr. Parker responded it varies depending on the municipality; Public Safety has looked at the issue extensively; and it is best for all citizens to have a single system that is not defined by jurisdictional boundaries and relationships between multiple users. He stated if there is one system, it is possible to not have redundant resources; and the County is not alone in this position as most of the counties in the State feel the same way. He stated there has been legislation attempted to allow cities to enter into their own ambulance transport, but it has not been successful because of the concern of people not having good service throughout the counties, and it becoming a fragmented service. He stated Brevard County is especially susceptible to this because there are so many jurisdictions; and if one city starts to provide service, others would; and before long, there could be ten ambulance systems working within the County. He stated jurisdictional disputes and problems may mean lives; and it is better to have one smooth systematic approach to that. Mr. Jenkins gave an example of a person who is a resident of the County living three blocks outside the City limits of Palm Bay being unable to be served by the City ambulance, even though it is the closest. He stated by having a Countywide regional system, stations are placed strategically throughout the County to reach the maximum number of people in the shortest period of time; and it would end up costing taxpayers more money in the long run to have municipal response because there would need to be more stations and there would be boundaries which would affect the service. He stated the efficiency of the current system is that it is able to place ambulances where they can serve the most people in the shortest amount of time without having artificial boundaries affecting service. Commissioner Colon stated she was an elected official in Palm Bay for over five years; the City would be able to pull its own weight; and it would be less expensive for the City to transport its own citizens. She stated she knows the Board is trying to look at the big picture, but the Palm Bay Fire Department gets to the scene first; and there is a whole controversy surrounding this subject. She stated the question has come up; and she wanted to make sure the community was able to hear why the County feels it is important to do business in the current manner. She stated it is frustrating because the Fire Department gets to the scene first; and there are enough stations in the City to be able to provide service and even go outside the City if need be. Mr. Jenkins stated that is a valid point; what Commissioner Colon said about the fire department getting there first is fairly consistent throughout the County; and that is why a two-tiered system. He stated the County is paying money to provide them with the training and resources to be a part of the emergency medical system and to provide the first level of emergency medical care; and then the ambulance arrives and does further stabilization and transport.

Commissioner Higgs inquired how many of the cities do not provide advanced life support; with Mr. Parker responding three, Rockledge, Cocoa, and Indian Harbour Beach, and Indialantic is in the process of upgrading to ALS. Commissioner Higgs inquired about Melbourne Beach; with Mr. Parker responding he was talking about the recognized paid fire departments; and there are other volunteer departments that do not provide that level of service.

Chairman Carlson stated the impact fees that the Board is addressing now are 27.5% of what they actually could be; and she thought there was some provision to increase those heading toward 100%, but does not see anything. Mr. Scott stated in the proposed ordinance for the transportation impact fee only, which is targeted at 27.5% of the justifiable maximum, there is provision to increase 1% of the total justifiable maximum each year automatically. Chairman Carlson inquired why was 1% chosen versus the Consumer Price Index; with Mr. Scott responding it was a manageable figure that would be a fixed amount based on the study.

Commissioner Scarborough stated the County does not go to 100% of justifiable; it does the study, and then backs off it; and the percentage of justifiable for the single-family home, stick built and manufactured are the same. Mr. Scott stated that is correct; but a little more analysis went into the disparities. Commissioner Scarborough inquired if the County could go to different percentages because the issue has been raised as to manufactured housing; and could it say the manufactured housing is at a higher percentage of justifiable than the stick-built house. Mr. Knox stated he does not know what basis could be used to do that; it would be arbitrary; and it could be susceptible to attack. Commissioner Scarborough stated the Board is hearing a preference for the manufactured home. Commissioner Higgs stated she understands the argument, but the fees are based on the study that substantiates the cost of the trips, etc. and she would be concerned, unless the Board wants to go back to Tindale Oliver and revise the study, that if it changes the methodology, it would be arbitrary and capricious. Commissioner Scarborough stated the County Attorney does not believe that is wise.

Commissioner O'Brien stated if new homes have an increase in taxes, and the Board has instituted an impact fee to offset the increased cost, the Board should be able to decrease taxes to the general property owner. He stated if the County is going to collect impact fees on one side to offset the increased cost for transportation needs, then it should be able to lower the property taxes to the general public on the other hand; and if any motion is made today, it should include a decrease in taxes as well. Chairman Carlson stated that is an interesting argument if the County were not operating in the hole right now because it has not been collecting impact fees; if the burden had not been on the residential homeowners, she could agree; but since the Board has such a deep hole to fill, she cannot agree.

Commissioner Higgs requested staff explain the methodology and premise on which impact fees are calculated. Mr. Scott advised an impact fees is a mechanism to defray the capital unit of a particular service that is consumed by new development; and in the instance of the transportation impact fee, it has been identified at 27.5% of a true unit of road that is consumed by the construction of a single-family home. Commissioner O'Brien stated the single-family home will go on the tax roll within one year and will start paying its fair share of all general taxes, including sales tax, gas tax, and all other taxes; so if the impact fee comes up as being something that is supposed to offset or pay for an impact, the general property taxes should also be lowered to compensate for the extra funds being brought in through impact fees. Mr. Scott stated that would be true if the impact fees that are raised also helped defray the cost of maintenance; but impact fees defray the cost of the upfront capital investment while in most cases there are other revenue sources for maintenance. Commissioner O'Brien stated the ongoing property taxes pay for the maintenance. Commissioner Higgs stated if a person coming into the County is going to generate "x" amount of sewer capacity; the impact fee pays for that new capacity, but not the ongoing operating cost; and during the upcoming years, that person will have to pay for the ongoing operational costs. Commissioner O'Brien stated the Board has increased taxes; it is also looking at increasing the impact fees; and impact fees are for the impact the houses would have on the general property tax owner; with Commissioner Scarborough responding not at all. Commissioner Scarborough clarified it is only for capital impact such as a bigger plant, bigger road, or bigger library; and the larger facility may require more maintenance or employees, but those are operational costs, which comes from ad valorem taxes. He stated since the Board did not have enough to build the capital improvements for the new person, it could use ad valorem taxes for capital in addition to operation. Commissioner Higgs stated levels of service are not where the Board would like them to be to adequately cover what people expect of services.

There being no further comment or objection, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article V "Impact Fees"; amending Division 2 "Fire/Rescue Facilities"; amending Section 62-725 "Definitions" to revise the definitions of commercial and industrial; amending Section 62-729 "Computation" to increase or decrease the impact fee rate schedule for residential uses and to limit the impact fee charged for a change of use, redevelopment, or modification of a use to the net increase for the new use compared to the old use; amending Division 3 "Correctional Facilities"; amending Section 62-765 "Definitions" to revise the definitions of commercial and industrial; amending Section 62-769 "Computation" to increase or decrease the impact fee rate schedule for residential uses and to limit the impact fee charged for a change of use, redevelopment, or modification of a use to the net increase for the new use compared to the old use; amending Division 4 "Transportation"; amending Section 62-805 "Definitions" to revise the definitions of commercial and industrial; amending Section 62-818 "Fee Schedule" to increase or decrease the impact fee rate schedule on residential uses; amending Division 5, "Emergency Medical Services Facilities"; amending Section 62-845 "Definitions" to revise the definitions of commercial and industrial; amending Section 62-849 "Computation" to increase the impact fee rate schedule for residential uses and to limit the impact fee charged for a change of use, redevelopment, or modification of a use to the net increase for the new use compared to the old use; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date.

Commissioner Scarborough stated he would like the effective date to be September 30, 2001 with the caveat that the affordability question to be answered at that time. Mr. Jenkins inquired if that would include the necessary administrative actions to proceed to bring the affordability issue back; and noted there are several steps involved; with Commissioner Scarborough responding affirmatively.

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

The meeting recessed at 12:04 p.m. and reconvened at 1:03 p.m.

DIRECTION, RE: OPERATION OF SOUTH ANIMAL SHELTER

Animal Services and Enforcement Director Randy Jackson stated at the last meeting staff was directed to do a report concerning some concerns about the South Animal Shelter; and they answered the questions and included some options for the Board's consideration.

Mary Tees, Secretary for the Central Brevard Humane Society, stated last Wednesday and Friday approximately 2,500 postcards supporting the Humane Society were mailed from residents all over the County; and 308 were mailed directly to Commissioner Colon. She stated the Humane Society has been in the County for a long time; it has done the best possible for the animals; and when there are 600 to 800 animals a month in one shelter, that is dealing with a lot of heartbreaks. She stated they are not a no-kill shelter; unfortunately some animals have to be put to sleep; and even though they wish it was not that way, it is. She stated they are dealing with the issue of spay and neuter for every animal that leaves the shelter; and advised of a kitten she was fostering who had a bad reaction to the anesthetic and required additional care from the veterinarian, which was done at no charge to the Shelter. She stated these reactions are what happen when very young animals are spayed and neutered; they are dealing with it because this is what the County wants; the veterinarian does not like spaying that early; but it is done. She stated they have been down at the South Shelter for ten years; and it is no better than the one in Cocoa in the Cox Road area. She stated they save the County money because 20% of their budget comes from the County while 46% of the animals come from Animal Control; and explained the sad reality of people not keeping their animals in the house, subjecting them to cruelty, or getting rid of them when they are inconvenient. She stated people accuse the Shelter of making mistakes; and inquired if someone could look at 1,200 to 1,500 animals a month between the two shelters and never make a mistake. She stated if one animal is brought in with an upper respiratory infection, it spreads and is hard to get rid of; and advised of one foster kitten she cared for that took three months and five different antibiotics to get rid of an infection. She requested the Board look at the contract, and visit the shelters to see what is going on. She stated there are horror stories; and it is not all cute and fuzzy.

Roy Laughlin expressed support in the strongest of terms for the Humane Society and its efforts on behalf of the animals of the County. He stated there have been charges about the use of animals at Brevard Community College; he is an adjunct at the Melbourne Campus in the Science Department, and sees many of the students in that program; and it is inconceivable that those students would be involved in any kind of animal abuse. He stated if there are animals there that have received any of the procedures that have been alluded to, it would only be done in the animal's best interest; they are teaching students how to care for animals; and they would not have an animals come in needing a diagnosis and ignore the situation. He stated the allegations should not be taken seriously because if it happened, there was justification. He stated Dr. May Eschbach, a veterinarian, would have come to the meeting to address the issue but she is on the Institutional Review Board at BCC, and is in a meeting at this time. He stated all of the procedures that are used with animals there are approved ahead of time by a board of competent practicing people such as veterinarians and other professionals in the community; and the Board should disregard any charges that have been made. He stated most of the veterinarians give the Humane Society high credit for the low euthanasia rate in comparison to other Humane Societies; sometimes it has to be done in the animal's best interest; but it is not something that is routinely done. He stated the second classification of criticism has involved County operation of shelters; but that is not something the County needs to do. He stated there was an estimate that the County might realize over $200 from operation of the shelter; the County has no experience in operating a shelter; and inquired how seriously can it take the budget estimate when there is no experience to base it on. He stated the veterinarians provide an enormous amount of good-will service to the animal shelters now; the government would not be able to ask for or receive good-will treatment; money will not be saved if taxes have to pay for veterinarians; and the level of service to animals will go down. He stated in terms of political considerations, the Animal Services Department picks up the animals at this time and takes them to the shelter; if the public goes to retrieve the animal, they are dealing with people who are not wearing uniforms; and the Humane Society is a buffer for the County, which would not be true if the County employees were dealing with this at the front and back end. He stated it is appropriate to get justification of how the money is being spent at the shelter; and recommended working with the Humane Society to set up a reporting system it can work with and will provide the answers the Board wants. He stated the level of service that the Humane Society has provided has been a benefit to the community and to animals; and good intentions are not going to make a better program.

Melinda Bushor stated the County should take over the north and south shelters because it is more progressive; there are good people who work with the Humane Society, but certain things did happen and animals were taken out of the facility to BCC; and there is documented proof. She stated she talked to Angie Day, who was in the respiratory therapy school at BCC when the students were taken to the Cocoa shelter; animals were euthanized and they used the tubes; and the Board has a signed affidavit from Ms. Day. She stated she has seen a tremendous amount of early spay/neuter, as she is a member of a group that traps animals and has them spayed and neutered; and the young animals bounce back quicker than the adults. She stated she has seen approximately 2,000 animals being spayed or neutered; and she is a good judge of how they react. She stated as far as the trust issue, the truth will come out; and the public will be upset. She stated anyone can call themselves humane, but it is what goes on behind closed doors that determines if they are humane; and the general public will not condone what has gone on. She commented on a lady who had to relinquish her animals to the shelter and was worried about whether the animal would be subjected to treatment such as occurred in the past. She stated Animal Services should take over the shelter; everyone who is affiliated with animals feels the same way; and there are a lot of reputable organizations that feel it is time for a change.

Susan Canada stated originally she was going to read a quote by former Republican politician Bob Dole, who, as a Senator, helped write portions of the federal Animal Welfare Act, and is in favor of finding alternatives and humane treatment; but instead will quote something from Dr. Charles Mayo, founder of the Mayo Clinic, who said, "I abhor vivisection. It should at least be curbed, better it should be abolished. I know of no achievement through vivisection, no scientific discovery that could not have been obtained without such barbarism and cruelty. The whole thing is evil." She stated if Dr. Mayo can feel this way, it is time to start covering some things. She stated she has gotten calls from veterinary students at BCC saying they did not hurt any animals; she is sure they did not; and she is sure those in the respiratory therapy program never planned on hurting a thing either; but the fact is approximately two years ago kittens did go to the respiratory therapy program, were put under anesthesia, and tubes were put down their throats, sometimes as many as five or six times. She advised of one kitten that did not wake up from the anesthesia in time to go back to the shelter, was cared for by volunteers, was later adopted, and still has throat problems. She noted the rest of the kittens went back to the shelter and were euthanized the next day. She stated they understand the need for euthanasia; people need to do more spay and neuter; and the shelter is not responsible for the overabundance of pets. She stated where they have trouble is when cats are euthanized to be sent to BCC for biology classes and rats are sent to Plucky's Pet Shop for snake food. She commented on cards received by the Board, not wanting increased costs or a County pound, operation of the North Animal Care Center, and ability to call national groups and send cards. She stated they are not talking about a popularity contest; no one has anything against Ms. Gunde or the shelter; and if anything, they are proud of what they used to do. She stated times have changed; the way things used to be done may not be the most humane; there are alternatives; and it is time to go forward with the alternatives. She stated it is time that the animals were given the best care by today's standards, not yesterday's standards. She stated they want the best possible humane care these animals can get; and when they are turned over for pound seizure and given for snake food for pet shops, it is not acceptable. She stated she has the utmost respect for Ms. Gunde and the good things she has done in the community.

Clara Gunde stated she knows the Board received correspondence as well as calls and faxes from people wanting to get their opinions in front of the Commissioners so they would have a fair analysis of the problem; she also received faxes from many veterinarians; and she is sure the Board also received faxes from them. She stated she is present to answer some of the allegations which are not true; they have never engaged in pound seizure; they have sent animals to BCC; and they were gone for a few hours and came back in much better condition than when they went over. She advised some animals had heart murmurs, hidden fat tumors, and other things that the shelter would not have discovered; but those animals were able to either get help for their problems or be euthanized. She stated as far as BCC is concerned, there was never any invasive treatment administered to any of the animals; and she has definitions from seven or eight veterinarians on what invasive treatments are. She stated as far as psychological torment; the animals had a visit of three hours in the kind hands of people who are training to help animals as their life work; and she does not think that is psychological torment. She stated nowhere in their Contract does it say they have to take Mastercard from their customers; they had approximately $1,100 in bad checks, so they stopped taking checks for dogs being picked up; but they do take checks for purchase of County licenses and donations. She stated they are trying to get Mastercard eventually, but will not be changing their policy, nor are they required to by Contract. She stated the Contract defines that they have to give the County certain information; they have adhered to what the Contract says; and every month Animal Services has received an account of the disposition of animals, how may were returned to owners, how many were put to sleep, how many were adopted, and how many were placed in whatever situation they were placed in. She stated that information is available from the County's Animal Services Department; this year they requested the disposition be entered on the logs; and they have attempted to do that; however, in the shelter there are two and one-half years of logs that have never been picked up by Animal Services, so she wonders how deep the interest is and why it is currently becoming a part of the problem. She stated every month the County gets not only the statistical data but the financial data as well, which shows exactly where the money comes from and where it goes; and as far as the County taking over operation of the shelter, that is a viable option. She advised of the provision in the Contract for 30-day notification from either side; and stated that option has always been present. She stated it would be impossible for the County to do what the Humane Society does at the same cost; the Humane Society has a thrift shop in Melbourne that sometimes makes $10,000 a month; the County would not have that; and they also receive donations, which the County would not as it is funded by taxes. She stated if there is a staff of County employees, they will be working at a much higher pay scale than the Humane Society people do; and the Board has all those factors to consider. She urged the Board to examine the reports from North Brevard when the SPCA operated it versus what the County is now expending. She stated the bylaws of the corporation have been on file with Animal Services every year; if staff cannot find them, all she can say is they have been sent there along with the instruments of insurance and their charter. She stated Melbourne Pet Rescue is not a 501C3 entity; but they have solicited donations from the public, which is illegal. She stated they just received the contract on Friday, and would need time to put it before the Humane Society board and its lawyers, and sit down across the table from the County to try to negotiate something that makes sense.

Commissioner Colon inquired if there is anything in the contract that stands out as needing to be discussed. Ms. Gunde responded the primary thing is the paragraph that deals with invasive procedures on animals or psychological torment; and inquired if the County is going to define that. She stated if the Board is going to decide on the vital interests of living animals, it should establish a three-member board of practicing veterinarians in the County to advise it what is an invasive procedure; she is advised it is cutting open a body cavity, and not dropping a tube, inserting a thermometer, or drawing blood; and if these decisions are going to be made, they should be made by professionals who are trained to understand the whole procedure. She stated there are other things in the contract that need close review, but that is the primary one. Commissioner Colon inquired how long will be needed if the Board wants to go ahead with the contract; with Ms. Gunde responding the contact expires at the end of September. Ms. Gunde stated historically the contract has not come before the Board; and they would meet with Animal Services and hammer out the problems; but this year it is being handled differently, which she does not understand. She stated the press has gotten hold of this; unfortunately they are going to pay a price for all this; and it is not fair. Commissioner Higgs stated the Board always approved the contract; with Ms. Gunde advising it was after it was negotiated. Ms. Gunde stated she just got the proposed contract on Friday; and there has not been time to sit down with their lawyers.

Janice Eide stated she has been a volunteer for the Humane Society for quite a few years; displayed a kitten; and advised kittens are taken care of by volunteers, and she does not know if there will be volunteers if it is a County-run shelter. She stated in the past Ms. Gunde refused to keep a fish confined to a fishbowl; and she does not think a person who would feel that way about a fish would do some of the things that people are saying she has done. She stated she uses the Rockledge Animal Clinic for spay/neuter; and one of the veterinarians indicated it is not known how much damage is being done by spaying kittens so young because they have not been doing it long enough to tell, but that ferrets, which are neutered at a few weeks old, are having medical problems. She stated she has never asked to take a kitten or any other animal from the Humane Society to the veterinarian and been refused; and she does not know where the charges are coming from. She stated she does not know anything about the money situation and has not been to BCC; and commented on rescuing two kittens that rode from Orlando on the top of an engine, were covered with grease and oil, and one has been adopted and the other is in foster care. She stated it would have been simpler to put the kittens to sleep instead of calling someone to care for them; but Ms. Gunde told her to take them to the veterinarian if they needed to go; and she does not feel the charges made could be correct.

Elaine McClung, Melbourne Pet Rescue, stated she is glad some kittens are being saved; but that does not excuse healthy adoptable animals being sent to BCC for intubation; and it is not an allegation but a fact as the Board has seen the documents. She stated she is glad kittens are being fostered; the North Animal Care Center, which is a County-run facility, can do the same thing; and they have experience with animals, and figures and data to work from. She stated her main problem with Central Brevard Humane Society is pound seizure; the bottom line is healthy animals were sent to BCC and had tubes put down their throats; and the documentation is there. She stated the Humane Society of the United States defines that as pound seizure; so the County is going against the Humane Society of the United States at this point. She inquired if things are being done in the best interest of animals, why were pet rats removed from a man, taken to the shelter, and then sent out as snake food. She noted these are not allegations, but proven facts; and it is time to look at the facts. She stated spay/neuter is not an issue; but pound seizure is an issue. She stated she has a letter from Angie Day, who was a respiratory therapy student, who graduated in 1999; and her class went to the Central Brevard Humane Society on Cox Road where animals were euthanized and then intubated. She stated this is not the first time with snakes and rats, and will not be the last time; and this is why the contract cannot be renewed. She stated as far as the disposition forms, the CBHS has known about this; there were audits in 1992 and 1996 that indicated inaccurate disposition of animals; in 2001, there is inaccurate disposition of animals; and inquired how many changes do they get. She stated it is time for a change; if someone signs a contract to buy a house, they cannot expect someone to come and hold their hand; if they do not make house payments, they know how to call and explain or get the information requested; but unfortunately CBHS continues to sign contracts and put the burden of "catch me if you can" on the County; and that is not right. She stated the County is trying to address the pet overpopulation; and the Humane Society of the United States believes if the public finds out their animals are going some place other than a nice home or being euthanized in an easy death, they will start abandoning their animals.

Elena Pernas-Giz, Shelter Manager at the Central Brevard Humane Society, South Branch, stated in May of this year the ASPCA shelter representative, who makes a living visiting shelters, looking at the animals that are there, talking to staff, and seeing what is going on, came to the South Branch shelter. She stated it was a pleasant visit; the representative got to know what was done at the shelter; she told her the procedure for receiving animals, logging them in, etc.; and the representative provided positive feedback. She stated the representative was concerned and upset to hear that the shelter had been charged with some of the things being alleged because her experience was positive; and she wrote a letter, which the Board has in front of it. She stated they have had a frustrating couple of months; there are dedicated overwhelmed people feeling as though there is a microscope looking over their shoulder at work for the past couple of months waiting for them to make a mistake; as shelter manager she is responsible for everything that happens at the shelter; and they know the key is to adopt out the animals and save their lives. She stated they have dedicated themselves to getting the public in to adopt and know the shelter as a positive place; and customer service is their ultimate goal because if people do not have a good experience when they come to the shelter, they will not come back. She stated she talked to Commissioner Colon after the last meeting because she was concerned that she had not had a pleasant experience; Commissioner Colon had some things she wanted to talk about; and at that time she extended the invitation to the Commissioners or their staff to come and spend a day at the shelter so they can see what happens every day, what the policies and procedures are, how they do intake of animals, how they log them in, what happens if an animal is adopted, how that is documented, and how it is documented if an animal has to be euthanized. She stated they are receiving approximately 1,000 to 1,200 animals a month; it is difficult to talk about in this setting; and it is necessary to be there in the trenches. She stated they are proud of what they do, and would be more than happy to have the Board as a guest any time. She stated when the person adopted the rats at the Cocoa shelter, he represented himself as a person who wanted to adopt the rats as pets; and he had to sign an adoption agreement stating he would not use the animals for anything else but as a pet; so if he had any other intention for those rats, he misrepresented himself and lied to staff. She stated rats are never given to a pet shop knowing they would be used as food; and she has the original adoption agreement, if the Board would like to look at it.

Commissioner Colon stated she feels bad that the hard-working people are getting in the middle of bureaucracy; it is no reflection on the individuals, whose reputation is impeccable; and this is a matter of people getting involved concerning the contract. She stated a presentation was made before the Board; and since the contract was coming up, they wanted to make sure everything was in place and all the right questions were asked to ensure there is accountability. She stated they wanted to see if it was necessary to modify the contract to make sure all the bases were covered and to address certain criticisms. She has never said she is out to get the shelter; but she is out to make sure there is accountability; and some of the phone calls she has received from both sides using scare tactics have shocked her. She stated the bottom line is both sides love animals; and it is a shame when it comes to both sides fighting each other. She stated taxpayer money is used for the shelter; there is a contract, which Ms. Gunde has seen; and the Board wants to make sure that every Commissioner had input. She stated if everything goes fine, then there is a contract where the concerns have been addressed; and hopefully it is a positive outlook. She thanked Ms. Pernas-Giz for her invitation; and invited Ms. Pernas-Giz to go to Vero Beach with her to see its shelter. Ms. Pernas-Giz stated she has been to the Vero Beach Shelter, but would be happy to go with Commissioner Colon; and the Director of the Vero Beach Shelter has given her some good ideas. Commissioner Colon reiterated both sides love animals, but are going against each other; and that is the shame of it because that is not what this is about. She stated it is about accountability, taxpayer money, and making sure that everything is in place. Ms. Pernas-Giz stated her concern is having someone not happy with what they see at the shelters, because she knows they may not tell her, but will tell all their friends. She stated if any of the Commissioners or their staff come down to the shelter, she can show how them how they keep records of any cash donations, cash for adoptions, or returns to owners; they take personal checks for donations or license tags; and the reason for cash only is because some people would adopt or try to get their animal back, but pay with a bad check.

Commissioner Higgs stated the Board has been given the daily log form which talks about disposition; one of the things in the current contract is provision to the County on disposition; and the forms she has been given do not show disposition. Ms. Pernas-Giz inquired what months are the forms for; with Commissioner Higgs responding it is for Wednesday, February 28. Ms. Pernas-Giz stated when the County asked them to go back and put it on the sheet, it was done; it is all caught up; and Commissioner Higgs must not have the most recent sheet. Chairman Carlson inquired if Ms. Pernas-Giz has all the dispositions; with Ms. Pernas-Giz responding they have all the dispositions on the log and on the incoming card; and the final disposition of the animal is on the card. Ms. Pernas-Giz stated when they get the card, the staff person that records it also goes back to the original incoming log; so it is now in both places. Chairman Carlson inquired if that has been given to Animal Control; with Ms. Pernas-Giz responding yes, they should have it, and if not, she has it. Chairman Carlson inquired if Animal Control has the stuff Ms. Pernas-Giz is talking about with the disposition filled out; with Mr. Jackson responding the only disposition forms he has are the ones he has been getting for some time, and they do not have the disposition log filled in. Ms. Pernas-Giz stated she knows that it is done; and it sounds like something needs to be fixed as far as when Animal Services gets it. Chairman Carlson inquired if it is a different disposition than what Commissioner Higgs has; with Ms. Pernas-Giz responding it is the same form. Chairman Carlson stated there is no disposition on any of them; with Ms. Pernas-Giz responding she does not know why because they have been done. Commissioner Higgs inquired if Ms. Pernas-Giz was asked to alter the form. Ms. Pernas-Giz responded they were asked to go back to the old records sometime this year; and they went back and caught it all up. Commissioner Higgs inquired if they were giving the County something besides the form; with Ms. Pernas-Giz responding no, they went back to that form and filled out the disposition on the form.

Discussion ensued on how dispositions are kept, and why the County does not have the forms with dispositions.

Maureen Rupe stated all she can speak on is the care of the animals that she personally has witnessed; she got her dogs Rupert and Rosie from the Central Brevard Humane Society; and advised of the excellent care received, with Rupert being bottle fed by the shelter workers. She stated she is a close friend of Mary Tees, and is familiar with all the kittens she takes home; and she hears about the things that go on at the shelter on a daily basis. She stated she does not believe that with the sort of empathy these people have for animals that they would do anything to harm them in any way.

Toni Lewis stated she has proof that the animals were being transported to BCC until just a few weeks ago; she was a full-time employee of BCC, but no longer works there; and read aloud from paperwork indicating three canines, three adult felines, and immature felines were transported to the Veterinary Technology building on the Cocoa BCC campus for a scheduled laboratory. She read aloud specific provisions for caging and transporting the animals; advised nine second-year respiratory care students were involved in the laboratory; and animals were anesthetized by a veterinarian or vet tech throughout the procedure. She stated the justification was that the respiratory therapy students were scheduled for clinical rotation in area hospitals where they would be required to perform intubation on human patients, and prior experience with live tissues in the animal laboratory would better prepare them for emergency situations. She stated during the procedure each animal was given various medications; general anesthesia was maintained and monitored, and an electrocardiogram was performed; possible effects of intubation listed are trauma to the teeth, mouth, soft palate, pharynx and larynx, tracheal inflammation, necrosis, subcutaneous emphysema, laryngospasm, obstruction with secretions, introduction into bronchus with inadequate ventilation, and aspiration of the tube; and that sounds invasive to her. She stated NAC also has foster parents for kittens that require care; she has personally fostered over 300 kittens in the last year; and Susan Canada has had 2,000 spay/neuters on young kittens without incident. She stated the County is qualified to handle this.

Tracy Eberhardt stated she was the Assistant Executive Director for the South Branch and the Humane Society for Central Brevard, but retired for medical reasons; last night she was given a copy of the contract; and there were a couple of issues of concern. She stated Item 3(10) says to insure all animals that are adopted from the facility are neutered prior to finalizing adoption procedures and use of the County-operated neutering clinic at Eau Gallie Road is mandated to the maximum extent possible; and inquired if that precludes the deposit in the Ordinance the Board adopted a while ago. She stated the wording says they have to be neutered prior to adoption, but the Ordinance allows the adoption to proceed, with a spay/neuter deposit to be paid; and it seems the language precludes that portion of the Ordinance. She stated #11 says, "no animals handled by the Society may be loaned, sold, provided to any research laboratory or institute for any reason"; and inquired if that means the BCC vet tech students cannot look over the animals and do general health checks. She stated as far as the respiratory program is concerned, they now have models; they have not used cats at BCC in 15 or 18 years; and at that time the cats came from Japan. She stated #12 says, "the Society will honor all requests written or oral by BASE to hold any animal without return to owner for whatever period of time BASE deems appropriate to complete any actions or requirements pertinent to holding that animal"; and advised all requests should be written. She stated this borders on a legal issue; a reason needs to be stated for holding someone's animal; animals are still considered property in the State of Florida; and if people come to the Humane Society, reclaim their animal by paying the appropriate fines and fees, she thinks they have to release the animal unless there is legal precedent why they cannot be released, such as cruelty, pending dangerous declaration or bite incident. She stated #13 involves periodic inspections by BASE; she is all for that; but the criteria should be done by veterinarians, probably with a checkoff list from the American Society for Prevention of Cruelty to Animals. She noted the ASPCA also has people who can perform the inspections for the County. She stated D. says, "animals held for an extensive period of time pending legal action will be paid at $3 a day over the 62nd day of retention"; and inquired if that will be retroactive.

Mark Mathusa, DVM, stated he has been following this issue with amazement; he is going in for surgery next month and will be intubated; and possibly he should get with the surgeon and file some sort of an investigation. He stated intubation of animals is not an invasive procedure from a medical standpoint; going into a chest or abdominal cavity is invasive; but Brevard County is embarrassed by the fact that the program uses animals to teach students; and that is fine, but it should not be on the grounds that it is cruel or inhumane treatment. He noted the animals are already condemned and will be euthanized; this is using the animals for some purpose in order to teach people; and the County is going to have to get the animals from somewhere, probably at a higher cost. He stated if the Humane Society is not allowed to send animals to BCC, the basis should not be that it is cruel or inhumane because animals are intubated every day without problem. He stated there were headlines in Florida TODAY when over 100 animals were euthanized due to parvo-virus outbreak at the County-managed shelter on Electronics Drive; he was working there as a volunteer; and advised of employees at the time who were using DEA-controlled drugs there. He stated in terms of cost to the facility, there is no way the County is going to get the volunteers or fundraising the Humane Society does; to think that the shelter can be run on a shoestring is misguided; and County employees will cost more than volunteers. He stated there have been a lot of charges made as far as respiratory viruses; there are animals with respiratory viruses in any pet store, kennel, cat breeding facility, or Humane Society; and commented on herpes viruses, which are carried by cats and come out when the animal is under stress. He stated these things will be unavoidable no matter who is running the shelter; but once the animals are placed and treated, they respond very quickly. He stated he has heard complaints that there are too many cats at the shelter; they could increase the euthanasia rate; and the reason there are so many cats is because they try to keep the animals as long as they can so as many can be adopted out as possible. He stated there will be some secondary respiratory virus; and inquired what is worse, higher euthanasia rate or higher respiratory virus rate, which can be treated. He stated the adoption rate on adult cats is very low; it has been said it would be a bold step for the County to have a no-kill shelter; and inquired where those animals would be kept. He stated at 10 to 15 cats per days, the County is going to need a place bigger than Space Coast Stadium to house them all, and the bill will be much higher than what the County can tolerate. He stated it is important for the County to be practical in these matters. He stated he has worked with these people; they have a difficult job; and when he leaves after a morning at the shelter, he is mentally exhausted, but these people do it day after day. He stated they do not sit around and complain; they get stuff done; and the Board should think about that carefully when considering the contract.

Mr. Jenkins noted the South Brevard Humane Society operated the shelter on Electronics Drive, not the County.

Commissioner Higgs inquired about the forms, were the ones collected with no disposition sent back, and what happened. She noted the Humane Society has represented that they had the data available; and inquired what is the gap. Mr. Jackson stated the forms are picked up and financial statements come in from them each month. Commissioner Higgs inquired when forms were inadequately filled out, did the County go back and get new ones. Mr. Jackson stated those are discussed in the shelter directors' meetings periodically; and he has a letter from himself to Ms. Gunde dated June 12 requesting the forms be filled out and sent to the County. Commissioner Higgs inquired if they have not been received; with Mr. Jackson responding they have not been received.

Chairman Carlson stated in the 1996 audit it was indicated this was an ongoing problem; it was evidently never resolved based on the accusations made today; and inquired what kind of follow-up was done. She noted the contract provided for 30-day notification if they are in breach of contract; and inquired what was done since 1996 to try to get them to secure the information that is needed. Assistant County Manager Don Lusk stated from 1996 when the problem resurfaced, the County accepted reports that were incomplete; and for a period of time the contract was not monitored appropriately to get the information. Chairman Carlson stated the South Shelter Manager is saying that recently the County asked that they follow up and provide that information; supposedly they did that, but the County does not have any record of it; and inquired where are the communications falling short. Mr. Jackson stated on June 12, the County requested that information; to date, they have not received it; and the same is true from the Central Brevard Humane Society. Commissioner Higgs inquired if there has been any follow-up in person, writing, or by phone to ask for that data; with Mr. Jackson responding no.

Commissioner Colon requested Mr. Jackson go over the new contract. Chairman Carlson inquired when does the contract come up and how many years does it cover; with Mr. Jackson responding it is an annual contract. He stated in terms of spay/neuter, the language in the contract was agreed upon and signed by the Board and Ms. Gunde on December 15, 2000 when the South Clinic was opened; so it is already in place. He distributed copies of the contract with highlights and underscores indicating changes.

Chairman Carlson stated a memo to District 5 from February 23, 2001 had a list of major complaints; some have been acknowledged and some have gone away; and requested an update. Mr. Lusk stated the issues that came up in February were from a different group of individuals that had concerns about the South Branch Shelter; a written report was provided to the Board; and he can get copies for the Board, but from memory cannot address each of the issues. Chairman Carlson stated it said some issues were resolved; she does not remember the report; but if the Board is going to have discussion, it should probably have that information. Mr. Lusk stated he will be happy to get that.

Mr. Jackson stated on the first page of the contract Section 3, Number 2 says, "the humane care and housing of all animals brought the facility by BASE and a detailed accounting to BASE for the disposition of animals each month; and the report would be provided automatically to BASE before the tenth day of the following month for the disposition of animals in the previous month." He stated number 5 of the same section says, "provide adequate health care and medical treatment as necessary for all animals held in or brought to the facility"; currently that is being done; and if there is a health issue in the shelter then the Humane Society takes care of the emergency vets and things of that nature. He stated on page 2, Brevard Code Chapter 14, Enforcement, there is some clarification; Section 10 assures that all animals adopted from the facility are neutered prior to the finalization of adoption procedures and use of the County operated neutering clinic at Eau Gallie Boulevard is mandated to the maximum extent possible.

Commissioner Higgs stated the question was raised that there is a provision in the Ordinance that allows for a deposit and veterinarian's statement; and this seems to be in conflict since it makes no provision for a deposit. Mr. Jackson stated he does not think it is in conflict as it says "to the maximum extent possible." Commissioner Higgs disagreed; and stated the second sentence is mandated to the maximum extent possible. She inquired if it applies to both sentences; with Mr. Jackson responding no. Mr. Jackson stated it applies to the use of the available resources at the clinic to the maximum extent possible; and that is not in conflict with the Ordinance, which basically provides for animals determined not to be suitable for neutering or if there is some other reason as outlined. Commissioner Higgs stated in number 10 there are two sentences; and inquired if the adoption procedure is not finalized until after the neutering if one puts down a deposit; with Mr. Jackson responding that is correct. Mr. Jackson stated the Contract that was signed by Ms. Gunde in December, 2000, allows utilization of a licensed Florida veterinarian with whom the shelter has an ongoing relationship and also utilization of the spay/neuter services donated or provided at reduced cost by a Florida licensed veterinarian; so those are two exceptions. Commissioner Higgs stated that is provided for under the sentence that says the adoption is not finalized until the neutering takes place.

Mr. Jackson stated number 11 provides that no animals handled by the Society may be sold, loaned, or provided to any research laboratory or institution for any reason or be loaned, sold, or provided to any agency, which may use or intends to use those animals in any research or procedures that involve invasive techniques or psychological torment. Commissioner Scarborough stated he knows what the contract is trying to say; but he would not want to preclude medical treatment of an animal for its benefit; and inquired if that could be added; with Mr. Jackson responding yes. Chairman Carlson inquired how would oversight be applied. Mr. Jackson responded the only way to have complete control is to do it in your own facility; and at NAC, SPCA, and South Clinic, there would be a opportunity for vet techs to come and work under the supervision of staff without actually moving the animals. Chairman Carlson inquired if that arrangement could be potentially done; with Mr. Jackson responding affirmatively.

Mr. Jackson stated number 12 provides the Society will honor all requests written or oral by BASE to hold any animal without return to owner for whatsoever period of time BASE deems appropriate to complete any actions or requirements pertinent to holding that animal; that is dealing with cruelty, neglect cases, or things of that nature. Commissioner Higgs inquired why could it not be provided in writing or by fax; with Mr. Jackson responding that could be added. Commissioner Higgs recommended excluding the word "oral" and adding "by fax"; with Mr. Jackson advising he can do that.

Mr. Jackson stated number 13 provides the Society will allow periodic inspections of the facility by BASE whether scheduled or unannounced; such inspections will include procedures and practices related to the daily and routine care of animals, housing of animals, feeding of animals, cleanliness of the general facility and animal areas, records, health and medical care of animals, safety practices involving animals and staff, and other practices, procedures or protocols related to the care and control of animals; and criteria used during the inspections will be established in a separate document. He stated Section D provides that animals held for extensive periods pending legal action initiated by the County will be paid for separately and individually by the County at a rate of $3 a day for each incarcerated day beginning the 62nd day of retention; and advised the reason is that some cases go on for two, three or four years. Commissioner O'Brien inquired what kind of case goes on two to four years; with Mr. Jackson responding there are a couple of cases that are really long-term cases. Dr. Joseph Ward stated that was included because there have been some long-term cruelty and dog fighting cases that have drained the resources of the Central Brevard Humane Society; the Society was not being reimbursed for any of that; and it was felt there should be some compensation for those long-term incarcerations. Commissioner O'Brien inquired what kind of case can go for more than one year; and inquired after a year, does the owner still want the animal back; with Dr. Ward responding yes, and there is one case right now that has been ongoing for almost three years. Commissioner O'Brien inquired if the case cannot be settled; with Dr. Ward responding that is up to the attorneys. Commissioner O'Brien stated things should be moved along because it is cruel keeping the animal like that. Mr. Jenkins noted those are criminal cases, not civil litigation which can be negotiated. Dr. Ward stated there is one that is a civil litigation that has been continuous on some cats from Palm Bay; but criminal charges have been dropped. Mr. Jenkins inquired why would the shelter have them in that case. Commissioner O'Brien stated this needs to be discussed between legal and Animal Services; keeping an animal locked up for more than six months, even though litigation is going on, is animal cruelty; in the case of cruelty the animal is not at fault, the person is; if there is a dog bite, the animal may be at fault, and possibly the person too; but it should be settled. Dr. Ward advised there is a case in Pinellas County that has been going on now for eight years; with Commissioner O'Brien advising that is ridiculous; and there must be something that can be done.

Chairman Carlson stated there are a couple more changes Mr. Jackson has not touched on. Mr. Jackson stated the other; changes are the ones that were just an error or addition. Chairman inquired about the top paragraph on page 4. Mr. Jackson stated that provides that the Society shall sell County animal licenses for all unlicensed dogs, cats, ferrets that are returned to owner, adopted and other live disposition; the Society shall collect transport fees for all owner animals brought to the shelter by BASE and returned to owner; the Society shall pay the County all funds collected by the Society for the animal license tags and transport fees; and the County shall pay the Society 25% of all funds collected for the animal license tags and transport fees. Chairman Carlson inquired about number 11; with Mr. Jackson advising that was an addition.

Commissioner Scarborough inquired if the intention is to proceed forward with the contract. He stated if that is the intent and the shelter just got a copy on Friday, it would be inappropriate to take action.

Chairman Carlson stated she has a couple of other questions for staff; and then the Board can decide what it wants to do. She inquired under number 7, on page 3, where it provides for 30-day notification to terminate funding, has that paragraph ever been enacted; with Mr. Jackson responding they have never acted on that. Chairman Carlson inquired if there is any reason to think the County should act on that given some of the allegations; with Mr. Jackson responding in the event the agreement is not followed, that would be an option to bring it back to the Board for termination. Chairman Carlson inquired with all the allegations that have been floating around, why hasn't action been taken based on the contractual language. Commissioner Higgs advised the Board has not taken action. Chairman Carlson stated the Board would have to have been provided the information from staff; that has not been done; and there is proof there is a problem, so the paragraph should have been executed. Mr. Jenkins stated reports have been received previously; and staff has responded to the issues that have been presented. Chairman Carlson inquired if based on the report, it was not felt it was necessary; with Mr. Jenkins advising it was brought to the Board and the Board was given the information. Mr. Jenkins noted it is also the climate and circumstance, although he does not know if the Board wants to go into all that today. Chairman Carlson stated the disposition of animals seems to be the weak link here, and the Board has not gotten that information; if it was brought to the Board, it could provide 30-days notice to get their act in order; but if the Board does not know about it, it cannot act so it ends up exploding like it has today; and it is difficult to make a sound judgment on that basis. Mr. Jenkins stated when staff received formal charges or allegations, it investigated them and brought them back to the Board; and if the Board looks at the overall environment of this relationship in the past ten years, it has resulted in historical events.

Commissioner Higgs stated if the Board decides to move forward with the contract, the items need to be monitored; and if they are not adhered to, then staff has to come back and advise the Board. She stated the disposition is an issue; but in the contract there are other things; the Board needs to know those things are being complied with; and that is part of the accountability. She stated the Board cannot act if it does not know; the Board is the only one that can act; and it needs to be provided with the information. Mr. Jenkins stated staff will do that in the future; but in the past it was not felt that was the Board's interest. Commissioner Higgs stated it is only fair to the Board to get the information.

Commissioner Colon stated she would like to give Ms. Gunde an opportunity to speak; and the Board would want to give an opportunity to continue the contract based on the certain guidelines.

Ms. Gunde stated it is interesting to talk about statistical data on file in her office and in the offices of Animal Control; a copy of the statistical data for every single month that she has been associated with the Humane Society is on file and has been sent to Animal Services; and the statistical data sheet she sends shows how many animals were adopted, how many were returned to owners, and how many were euthanized; and that has been accepted by the Department that monitors the contract. Commissioner Higgs stated she understands they have been accepted, but does not understand why the disposition boxes are not filled in. Ms. Gunde stated this year was the first time they were asked to fill out the disposition on that particular sheet, which is called an incoming log. Commissioner Higgs stated the sheet is filled out but does not tell what was done with the animal. Ms. Gunde stated at their shelter, it is almost impossible to do; and in the shelter there are two years of logs that Animal Services is supposed to monitor but has never picked up. Chairman Carlson inquired if none of them have dispositions on them; with Ms. Gunde responding no, because historically they sent a monthly sheet that has the dispositions on them. Ms. Gunde stated when the County started asking them to try to do that, they tried; but she just adopted out a dog that came in March; and if the County wants the sheet back on the tenth day of the next month, many animals will not have dispositions. Chairman Carlson stated the North Animal Care Center does dispositions. Ms. Gunde stated what happens is they hold them so long in many cases that they have to go back and pull last month's records, look up the card, and install it onto that sheet; and they have an office staff of three people, so some are done, but there are more than two years of logs in the office. Commissioner Higgs stated Animal Control takes a large number of animals to the shelter; she is accountable to the public for what happens to the animals; and she needs to know what happens to them. She stated if Ms. Gunde is saying that is not a possible thing to do they might as well give up now; and inquired if Ms. Gunde can provide that. Ms. Gunde noted she did not say that was impossible; she said it was difficult; historically they have sent one sheet with statistical data, which is tallied up each month and annually; and they have been trying to catch up with the sheets, but it is a monumental task. Commissioner Higgs stated there needs to be an understanding that accountability is the key; and she wants to know what happened to this adult dog who is shorthaired, brown and white, and was found on such and such road. Ms. Gunde stated if Commissioner Higgs will call her at 3:00 p.m. today, she can tell her what happened because his card is on file in the month his disposition occurred. Commissioner Higgs stated all that is needed is a report each month of the disposition or if he is still being held. Ms. Gunde stated they are trying to do that, but it is a long hard process because they have so many logs to catch up. Commissioner Higgs stated it is perhaps not a matter of going back into eternity. Commissioner Colon stated if there are 300 animals at the shelter, Ms. Gunde should be able to say next week how many animals are still there, how many were adopted, how many are sick, and all that; that is all the County is asking for; and it is called accountability. Ms. Gunde stated she can do that today at 3:00 p.m.; if someone gives her a number, she can tell what happened to the dog; and she has a card to substantiate the disposition. She stated they can send in the monthly logs by the tenth of the month if the Board wants them, but they will be incomplete because many animals will still be at the shelter. Commissioner Higgs stated saying the animal is still at the shelter is a disposition in a sense. Ms. Gunde inquired if the dog went out the next month, where would she put the disposition; with Ms. Higgs responding she is sure they can come up with a computerized system that would work it out. Ms. Gunde stated if they will show her staff how to do it, the County is welcome to come to her office and institute the program.

Commissioner Colon stated the contract says, "no animals handled by the Society may be sold, loaned, or provided to any research laboratory; and inquired if Ms. Gunde has any problem with that; with Ms. Gunde responding she has great problems with it. Ms. Gunde stated her suggestion is to have a group of three veterinarians decide what is invasive and what is psychological torment; and she would object to sending out animals for those purposes, but does not believe they have ever done that. Commissioner Colon stated number 11 in the contact is very important; and it says, "no animals will be sold, loaned, or provided to any research laboratory or institute for any reason or be loaned, sold, or provided to any agency which may be used or intend to use those animals in any research or procedure that involves invasive techniques or psychological torment." Ms. Gunde reiterated they have never done that. Chairman Carlson stated the Board is not saying they have, but it is an issue of accountability. Commissioner Colon stated she feels strong about number 11; and would like to be able to get feedback from Ms. Gunde. Ms. Gunde stated she does not support psychological torment or invasive procedures on animals that belong to the Humane Society or have been surrendered to the Humane Society. Commissioner Higgs stated they just have not agreed on what that means. Ms. Gunde stated it would be necessary to come up with a professional definition so someone does not come in later and claim that inserting a thermometer into a dog's rectum or pulling blood from a vein is invasive; the Board needs to get a group of veterinarians to give some professional advice on what that means; and she needs to take the contract to her board and legal team. Commissioner Colon stated the Board would like to consider a contract with Ms. Gunde; no one on the Board has said they want the County to take it over; but they do want to talk about some of the issues that have been going on and come back with a contract. Ms. Gunde stated the press picked that up as being one of the options; the general public immediately responded to her office because they do not want to see that happen; she will take the contract to her board and legal advisory team for input; and then she assumes they will meet at a table with the Animal Services Director or staff as they have every other year to hammer out any differences that might remain.

Commissioner Higgs inquired if it is possible to get a definition on the invasive issue; with Mr. Jackson responding he can, and will have the staff veterinarian work on it.

Chairman Carlson stated an audit was done in 1996; and inquired if it was an outside audit; with Mr. Jackson responding it was an audit done by the Clerk of Courts Internal Audit. Ms. Gunde stated they have their current 990, which is done by a CPA and is audited every year in order for them to keep their 501C3 status; and if the County wants to audit, their doors are open.

Chairman Carlson inquired if there is language in the current contract consistent with the audit language that is being put in all contracts; with County Attorney Scott Knox responding if it is not, he will make sure it is included.

Commissioner Higgs recommended providing a mechanism for tracking to the Humane Society so the tracking mechanism will be consistent; and it should be part of the contract so there is no misunderstanding in regard to how the animals are going to be tracked.

Chairman Carlson inquired when will the contract come back; with Mr. Jenkins suggesting 60 days. Mr. Jackson stated the current contract expires on September 30; with Mr. Jenkins
advising it would have to come back before September 30. Commissioner Higgs suggested it come back in a couple of weeks so there is time to get it on the agenda and look at it. Mr. Lusk suggested the Board may wish to consider extending the current Agreement 30 days to the end of October to allow time to work out all the issues and come back with a contract that is acceptable to the Central Brevard Humane Society, the Board, and staff. Chairman Carlson stated there has been plenty of discussion on the main issues of concern so it should not take a lot of hammering out; and either there is a contract or there is not; and there is no need to discuss it. Chairman Carlson inquired if a motion is needed. Commissioner Scarborough stated this is not a public hearing which would need to be continued; and staff has heard that the Board wants to have it back before the 30th.

The meeting recessed at 2:36 p.m. and reconvened at 2:50 p.m.

DISCUSSION, RE: WILLIAMS BUILDING

Chairman Carlson stated she had a request from a member of the audience who wanted to speak on V.B., which is the discussion on the Williams Building; there are several speakers on that item; and they wanted to know if they could speak before some of the other more lengthy discussion occurred.

Commissioner Higgs stated there was a request earlier for someone to be moved up on the Agenda; some people have been sitting here all day; and recommended the Board stick with the Agenda order.

PUBLIC HEARING, RE: RESOLUTIONS FOR SOLID WASTE DISPOSAL, COLLECTION,
AND RECYCLING ASSESSMENT RATES, SOLID WASTE IMPACT FEE, AND
RATIFYING, CONFIRMING, AND CERTIFYING THE ANNUAL DISPOSAL, COLLECTION
AND RECYCLING SPECIAL ASSESSMENT ROLLS

Chairman Carlson called for the public hearing to consider resolutions for Solid Waste Disposal, Collection, and Recycling Assessment rates, Solid Waste impact fee, and ratifying, confirming, and certifying the Annual Disposal, Collection and Recycling Special Assessment Rolls.

Assistant County Manager Steven Peffer stated when they met with the Board this summer to discuss the budget for the Solid Waste Management Department, the revenue projections were based on certain changes to the Rate Resolution; although it was not discussed in detail, all that information was provided to the Board at that time; and the budget at that time depends on these rates and revenues. He stated they are proposing modest increases in a number of areas; one is the collection fee; and there are minor adjustments in disposal fees for waste tires. He stated part of the reason they are requesting this has to do with a request from Waste Management due to their increased cost; and the State grants for recycling and other matters have ended, so there has been a significant reduction in the amount of money passed on to the County from the State. He stated in Brevard County the rate being proposed is $100.03, which is a 4% increase; the current rate average from Orange, Osceola, and Volusia County is $139 per resident; and that varies from a high of $146 in Orange County to a low of $108 in Volusia, so Brevard County is still below those counties.

Commissioner Higgs inquired what are their disposal charges. Mr. Peffer stated he can get those figures, but believes the County would be very competitive. County Manager Tom Jenkins advised that is an annual rate. Solid Waste Management Director Euripides Rodriguez stated the disposal average is $76.10 in the other counties, compared to $56 annually in Brevard County for a single-family residence. Chairman Carlson inquired about commercial; with Mr. Rodriguez responding Brevard County is the only one that does that through the assessment process. Chairman Carlson inquired how do the other counties do it; with Mr. Rodriguez responding through the tipping fees.

Mr. Rodriguez stated there was a request to look at different options; and they came up with four options. He stated Option 1 is to grant the request as submitted; there is a 4% increased divided 1% for the Department for internal costs and 3% to be passed on to Waste Management for fuel increases; this would entail an increase of $3.85 for each single family residence; and the payment to the hauler would be an increase of $2.83. He stated Option 2 would be a reduction in services to offset any increases in cost incurred by the contract; they could restrict the amount of yard waste and cut back to one pickup instead of two; and that would involve contractual renegotiation, and would not affect the Rate Resolution. He stated Option 3 would be to charge commercial customers rather than single-family residences; they regulate the maximum amount that Waste Management can charge to its commercial customers; and to generate the same amount of money it would entail an 8.31% increase, and also envision the 1% increase to the single-family residence. He stated Option 4 is to maintain the status quo with no increase to the waste hauler, and keep on absorbing the losses that have been incurring. Mr. Peffer requested Mr. Rodriguez share the amounts of the losses. Mr. Rodriguez stated the fund does not have any employees or supplies; it is just other costs for services provided such as data processing, clerk expenses, indirect costs and prior year refunds; and it amounts on a yearly basis to $433,000. Mr. Rodriguez stated they would be in the negative approximately $200,000 every year, and would reach the limit they could absorb in approximately two years; and by that he means they need a cash reserve in order to pay the first two months of the contract until the cash revenue from the taxes start to come in, and that is approximately $1.2 and $1.2 million. Mr. Jenkins stated a reserve is also needed for a hurricane.

Commissioner Higgs inquired how fast had the reserve been accumulating up until this year. Mr. Rodriguez stated the reserves have not been accumulating; and for the past two years they have been operating at a deficit. Commissioner Higgs inquired if money has been taken from reserves; with Mr. Rodriguez responding affirmatively. Mr. Rodriguez stated Commissioner Higgs had additional questions; the first is how much are the current reserves; and they are projected to be $1.8 million for the next fiscal year. He stated the other question was the amount of internal charges on this fund; and that is $431,000 for next year. He stated the last question was how will the rest of the reserves be used; and as he said earlier, the remainder of the reserves would be to maintain a cash flow for the two months and for any additional emergencies.

Commissioner Higgs stated the memo of the 27th said the internal charges are projected to be $431,000; but she thought Mr. Rodriguez said $200,000 a year. Mr. Rodriguez stated those would be the losses; the internal charges are not all losses; they bring in sufficient revenue to cover part of those; and the rest has to come from the reserves. Mr. Jenkins stated that is just one of numerous cost centers in the budget; and it may be convenient to use that one, but it could be any cost center causing the overage. Mr. Rodriguez advised it is only one; there are three cost centers for collection, and there are only external charges; and he is talking about the collection MSBU, not disposal.

Chairman Carlson stated option 1 is the Waste Management request to have 3% increase in rates charged to the residential client and then 1% is added on for administration; and inquired if there is a way to do option 3, which is the commercial customers as well. Mr. Rodriguez responded it is possible to do a combination; and suggested the Board could do 2% this year and 2% the following year. Chairman Carlson inquired about commercial; with Mr. Rodriguez responding there could be a partial increase in the commercial and see how that would reflect on the residential side. Chairman Carlson inquired when does Waste Management's contract come up; with Mr. Rodriguez responding in approximately two years. Chairman Carlson inquired if the combination of one and three would cover the issues for the next two years until the contract comes back; with Mr. Rodriguez responding affirmatively.

Commissioner Scarborough stated he likes the blend of options 1 and 3; it could be a 2% and 2%, looking more heavily at commercial and asking for Waste Management's participation in assuming a little more responsibility under the existing contract; and it could be brought back at the next meeting. Mr. Rodriguez stated it would take approximately an hour to come up with a new rate resolution. Commissioner Scarborough stated he would like to have Waste Management's participation in absorbing half of the 3% requested. Mr. Geletko advised Western Waste would be happy to cooperate with that. Chairman Carlson inquired if the desire is to have Mr. Rodriguez work with Mr. Geletko and then come back at the end of the meeting; with Commissioner Scarborough responding it could go to the next meeting.

Commissioner Higgs stated she participated in the contract extension; Waste Management made a wonderful presentation, lowered its rate, and got a five-year contract; now partway through the contract, Waste Management is asking for an increase; and she is not ready to do that. She stated there are some internal charges to the collections account that need to be covered through reserves or in some other way; but when the contract was negotiated, it was a five-year contract, there were competitors who wanted the business, and Waste Management has to live with the contract.

Chairman Carlson stated the issue that Mr. Rodriguez brings up is a solvency issue; in two years, if they are not able to make ends meet, there is a problem; and she does not know how to make Waste Management toe the line. Commissioner Higgs stated there are two parts; there is Waste Management's request for 3% increase; and there is also the Solid Waste part asking for additional money. Chairman Carlson inquired if there is interest in talking about the additional money in terms of the staff issue; with Commissioner Higgs stating she is interested in talking to that issue, but is not going to be supportive of an increase on the Waste Management side. Commissioner Scarborough stated all the options are not exclusive, but are different ways to put together a package; so essentially the Board would ask Waste Management to toe the line, but would discuss the 1% because some grants were lost. Commissioner Higgs stated there are some reserves; and she is willing to discuss how to cover that. Commissioner Scarborough stated to have a solvent enterprise fund is important. Commissioner Higgs stated it would be solvent even if money was taken from reserves to cover the $100,000 or $200,000 for the next year without raising the rate; and it is not an insolvent fund as there is $1.8 million in reserves on the collection side.

Chairman Carlson stated Waste Management is asking for 3% increase; and inquired if services will go down. Mr. Geletko stated when they initially went into negotiations with the County, the Consumer Price Index was running between 1% and 2%; within the last two years, it has been running between 3% and 4%; and fuel and oil costs have gone up, which impacts the cost of cars, maintenance, etc. He stated they are just looking for a small portion of that; and advised of upgrades to service including new trucks, and provision of extra equipment during fire alerts. Chairman Carlson stated others wanted the contract; and inquired did Waste Management look at the future and the possibility of some of the increases embedded into the proposal. Mr. Geletko responded the CPI was running on average 2% and was dropping; and they did not anticipate the increased cost going up the way it has in the last two years.

Commissioner O'Brien stated it is not uncommon for any government contractor to come back when the economy has changed to an extreme; fuel costs affect his corporation as they do others; and he is sure that firms like Lockheed or Johnson Control have gone back to NASA or whomever they deal with to say that circumstances have radically changed. He stated it is not an ordinary change of CPI; it is a quantum leap in the cost to operate a fleet of trucks; and the Board should be considerate of that.

Commissioner Higgs stated if Waste Management cannot live to the contract, the County can go out to bid to see what it can do. Chairman Carlson stated that is true; and inquired if there are clauses in the current contract that say that. Mr. Rodriguez responded he believes there are, but Waste Management has not said it would not live up to the contractual obligations even incurring a loss.

Commissioner Colon stated she has never heard that from Mr. Geletko either; she agrees there is a contract and to deviate now is not the smart thing to do; the County is experiencing the same increases in expenses; and she would not support increases for the County. She stated she does not want to go out to bid; there is a contract and the community is pleased with the services; and Mr. Geletko has not said the level of service would be compromised. She stated Waste Management just came before the Board and made the request; she will not be supporting it; but she does not want to go out to bid as it is a huge process. Chairman Carlson stated she does not think it needs to go out to bid; and if there is no reason to believe the level of service is going to drop below the contractual agreement, then there is not a problem.

Commissioner Scarborough stated there is still the 1% that Mr. Rodriguez is asking for; and Commissioner Higgs has indicated that it would not do harm to borrow for that without having an increase. Commissioner Higgs stated there are some reserves that can be used to keep from having an increase this year. Mr. Rodriguez advised the 1% increase will not erase the deficit, but will slow it down. Mr. Peffer requested Mr. Rodriguez inform the Board what it would take to erase it; with Mr. Rodriguez responding it would take a 2.5% increase to erase the deficit; that is too high for one year; but it may be done in multi-years. Mr. Jenkins inquired how much does Solid Waste spend in the first two months before it gets its revenues; with Mr. Rodriguez responding approximately $1.25 million. Commissioner Higgs stated if there is $1.8 million and $1.2 million is spent, that leaves $600,000; and if there is a deficit of $200,000 a year, then it is okay; with Mr. Jenkins advising that assumes there is no cleanup.

Chairman Carlson stated that would make the 1% a possibility. Mr. Rodriguez stated he wanted to bring it to the Board's attention so it would not think the 1% would take care of the whole deficit. Commissioner Scarborough inquired how much is the 1% to each household; with Mr. Rodriguez responding approximately 93 or 94 cents per year. Commissioner Scarborough stated he does not think most people are going to mind that.

Commissioner Higgs stated when she got the information, she thought that the deficit was completely covered by the 1% increase; and the Board should get additional information on the revenues so it is sure of how it is running. Commissioner Scarborough stated it would have to be 2.5% to not have a reduction in the reserves every year; he is inclined to have the reserves because they are called upon heavily if there is a hurricane or storm; and he would like to have the issue brought back.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing to consider resolutions for Solid Waste Disposal, Collection, and Recycling Assessment rates, Solid Waste impact fee, and ratifying, confirming, and certifying the Annual Disposal, Collection and Recycling Special Assessment Rolls to September 4, 2001 Board meeting to allow an opportunity for the Board to get additional information. Motion carried and ordered unanimously.

Mr. Peffer inquired if that is the entire item or just the issue of the collection fee; with Chairman Carlson responding the entire item.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS BY
LUCINDA SANDERS AND CONSTANCE ROBERTS

Chairman Carlson called for the public hearing to consider a request for determination of vested rights by Lucinda Sanders and Constance Roberts.

Attorney Mike Minot stated Lucinda Sanders and Constance Roberts are the applicants and owners of the subject property, which is in Canaveral Groves; and they were present on April 9, 2001 requesting a rezoning from GU to ARR in order to put a mobile home on the property. He stated Commissioner Scarborough questioned how they came to that point; and as a result the item was tabled as Commissioner Scarborough thought vested rights may apply to the situation. He stated his clients sought his help to create the application; and he worked with Mel Scott to put that together. He stated after contracting for purchase of the property, his clients applied for a septic tank permit in February 2001; that same day they were told they needed an address assignment; they met with a lady named Paula who filled out the appropriate paperwork and walked his clients to the Building Division, where Mary Thompson approved the address assignment; and Ms. Thompson instructed them to go to Land Acquisition to provide a deed to the road, which was necessary in order to obtain a building permit. He stated at Land Acquisition they met with an employee whose name is included in the package; that employee requested $6.70 and required a number of documents to be filled out; his client paid the money and filled out the documents; and as a result, the employee said, based on the things which were done, his clients could place a mobile home on the property, assuming the wheels were left on the mobile home. He stated as a result his clients purchased a mobile home; they did not own one before that day; and they then prepped the lot and placed the mobile home on the lot, which is the condition it is today. He stated the mobile home is on the property; it has not been lived in because the County employee who told his clients they could place the mobile home on the property was in error; and the error is not the result of his clients' wanting to violate anything in the County Code, but in good faith reliance upon the County employee. He advised of conditions for vested rights; and stated it comes down to fair dealing between the public and the private sector. He stated his clients followed what they thought was the advice that was consistent with the Code; it was to their detriment; and they are out a substantial amount of money, which is a significant portion of their net worth. He stated the good news is the Board has the ability to say this is unfair; Mr. Scott informed him that his investigation indicates nothing that would show that his clients are not telling the truth. He suggested his clients be allowed to have a mobile home there and that permits be approved in the manner suggested by the County employee.

Commissioner Scarborough stated he intends to make a motion to approve as the owner substantially changed position and actually purchased a mobile home and moved it to the property; and while the County employee is no longer with the County, there is no reason to believe that what is alleged is not true.

There being no further comment or objection, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve request for vested rights determination to allow Ms. Sanders and Ms. Roberts to place a mobile home on property zoned GU. Motion carried and ordered unanimously.

Attorney Minot requested his clients be reimbursed the application fees for vested rights. Commissioner Scarborough inquired what is the Board's policy; with Planning and Zoning Director Mel Scott responding there is no policy; the application fee is $250; and in the past it has been considered on a case-by-case basis. Commissioner Scarborough inquired when it has been done; with Mr. Scott responding typically the fee has been waived when the Board has specifically directed the person to pursue that avenue. Commissioner Scarborough inquired if this case falls within that purview; with Mr. Scott responding the waiver of fee would be consistent with waivers in the past.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve waiver of $250 fee for application for vested rights. Motion carried and ordered unanimously.

Chairman Carlson inquired if the County is now doing something to make sure this sort of thing does not happen again. Mr. Scott responded staff has made modifications to some forms which strive to more clearly alert the owner that they need to have all permits in hand prior to the movement of a mobile home on a property, and that obtaining a septic tank permit in and of itself does not guarantee a building permit, as an example. County Manager Tom Jenkins stated the other issue is that the employee Ms. Sanders and Ms. Roberts spoke to works in Land Acquisition, and should not have been giving any advice about zoning.

Commissioner Scarborough stated there are people who are asked questions all the time and honestly try to help people; and they are not trying to do anything wrong. He stated a lot of people who approach the County are not developers, and do not understand the difference between the departments; and things like this can and will occur. Mr. Jenkins stated there is no question the applicants relied on the advice; but he does not want people in Right-of-way Acquisition giving zoning advice.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS BY
AARON KEIRSTED

Chairman Carlson called for the public hearing to consider a request for determination of vested rights by Aaron Keirsted.

Aaron Keirsted stated last month he briefed the Board on what he was going through; the Board directed him to meet with Mr. Scott; and he applied for vested rights. He stated a lot of money was incurred for architectural engineering, surveys, clearing, well, etc.; and he is asking for the same thing as was granted to Ms. Sanders and Ms. Roberts.

Commissioner Scarborough inquired what act of omission led to the expenditure of funds; and what precisely was expended in reliance on that act. Mr. Keirsted stated in May when he went to the Zoning Department to find out if his property, which he bought in 1987, was buildable, he was told he was fine; he went to the Building Division where he was told he had been to Zoning and was grandfathered in; and then he was directed to go do other things before coming back. He stated he had to go to Natural Resources; staff looked at a topographical map of everything and said it looked good with a lot of vegetation and so forth; and everything depended on whether he was going to be flagged on any part of his wetlands. He stated on June 1 a letter came out that said if someone bought property between 1994 and 2000, they were still in the window where they could build in West Canaveral Groves without being on a County-maintained road; he inquired about purchasers prior to 1994; but there was nothing addressing that. He stated after he did a little more legwork, he started his stuff; he came before the Board last month; and he escalated the process as everything seemed fine according to all the people he spoke to. He stated in that time he incurred approximately $3,000 to $3,500 for engineering, blueprints, surveys, a well, etc; and that is what brought him to this point. He stated last month when he was trying to get an amendment, the Board pushed him toward the vested rights determination; he sat down with Mr. Scott and went through the application process; and now he is waiting to see if he is going to be allowed to build on his property.

Commissioner Scarborough inquired what funds were expended because Mr. Keirsted was under the impression he could continue to build; with Mr. Keirsted responding approximately $3,500. Commissioner Scarborough inquired if Mr. Keirsted has a copy of the bill; with Mr. Keirsted responding he does, but would need time to get it because he does not have it with him. Commissioner Scarborough inquired if Mr. Scott touched base with Mr. Keirsted; with Planning and Zoning Director Mel Scott responding he asked Mr. Keirsted for these things; and if the Board is interested in seeing those, it would require the item to be tabled for a couple of weeks so he can provide the receipts. Commissioner Scarborough advised the problem is not only does something have to happen, but it has to be in reliance upon an act of the County. Mr. Keirsted advised he has a copy of the blueprints that are stamped by the engineer, and he can get receipts within a day.

Commissioner Colon inquired if it would be possible to put Mr. Keirsted's item at the beginning of the agenda at the next meeting. Commissioner O'Brien inquired if Mr. Keirsted has a day job; with Mr. Keirsted responding yes. Commissioner O'Brien suggested putting it on the zoning agenda as the first item.

Mr. Keirsted displayed the blueprint. Commissioner Scarborough stated the date on the blueprint indicates it is within the timeframe of an act of reliance.

There being no further comment, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve request for vested rights determination to allow Aaron Keirsted to construct a "stick-built" house on property zoned GU. Motion carried and ordered; Commissioner Higgs voted nay.

Mr. Keirsted inquired if he can get a waiver of fees. Mr. Scott stated the Board directed Mr. Keirsted to investigate the vested rights just as it did Ms. Sanders.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to waive the $250 application fee for vested rights determination for Aaron Keirsted. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE AMENDING LAND DEVELOPMENT REGULATIONS
RELATING TO LEARNING CENTERS

Chairman Carlson called for the public hearing to consider an ordinance amending Land Development Regulations relating to learning centers.

Planning and Zoning Director Mel Scott stated per Board direction this use is being brought into the Zoning Code as a permitted use with conditions in the RP classification and permitted in BU-1-A.

Commissioner Higgs inquired what would the square footage of a learning center in RP be; with Mr. Scott responding it would depend on the lot size and how the drainage and setbacks were, and that would dictate the maximum size. Mr. Scott stated it would not just be an issue of maximum building size as they would also have to adhere to traffic provisions and student-to-teacher ratio not exceeding three students to one teacher. Commissioner Higgs inquired if there could be a 10,000-square foot learning center with a three-to-one ratio in RP; and advised that bothers her. Mr. Scott inquired how would that differ from a realtor or a dentist's office or something of that nature, which would be a more intense use on the property; with Commissioner Higgs responding she doubts that would be the case. Commissioner Higgs stated there could be a 10,000-square foot building with 100 little people and the assorted parents and cars delivering and picking them up.

Chairman Carlson stated she thought this was like a Sylvan Learning Center where there would only be a couple of cars at a time; and requested a definition for learning center. Mr. Scott stated he can run the calculations quickly and give a feel for the type of impact with a 10,000-square foot building. Planner Ryan Rusnak stated staff did a traffic comparison; a 30,000-square foot lot would generate approximately a 6,000-square foot building; and that building per the daily enrollment formula would yield approximately 156.3 average daily trips while a general office building of that size would generate 152.94 average daily trips, a single tenant office would generate approximately 220.93 average daily trips, and a medical office would generate 216.78 average daily trips. He stated the three-to-one student-teacher ratio keeps the number of students down; it is a function of how many teachers there are; and if there are four teachers, the maximum number of students at any one time would be 12.

Commissioner Colon inquired if the scenario is the same as for a charter school; with Chairman Carlson responding no. Mr. Rusnak advised they have found that most of the learning centers in the County deal on a one-to-one basis; and a few commercial learning centers, such as Sylvan and Huntington operate on a three-to-one basis. Chairman Carlson stated the maximum number of students is 12, so it could not be a charter school unless it was very small.

Commissioner Higgs stated she is not totally comfortable as this is putting a maximum number of square feet in RP; and if there is up to 15,000 square feet, that is huge. Mr. Rusnak stated if a learning center or combination of uses generates more than 100 average daily trips then they would need to be located on an arterial road or at the intersection of two collector roads; so they put in the roadway locational criteria as set forth in BU-1-A currently. Commissioner Higgs stated she could put in a 15,000-square foot learning center at the intersection of Fay Boulevard and Grissom Road. Mr. Rusnak stated more than likely the learning centers will be located within multi-tenant office buildings.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing to consider an ordinance amending Land Development Regulations concerning learning centers to September 11, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE TRANSMITTING 2001C COMPREHENSIVE PLAN
AMENDMENT TO DEPARTMENT OF COMMUNITY AFFAIRS

Chairman Carlson called for the public hearing to consider an ordinance transmitting 2001C Comprehensive Plan Amendment to the Department of Community Affairs.

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled "The Comprehensive Plan", setting forth Plan Amendment 2001C; amending Section 62-501, entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E) entitled the Future Land Use Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

DISCUSSION, RE: WILLIAMS BUILDING

Betsy Baird submitted a copy of a letter from School Board Superintendent Richard DiPatri endorsing the project.

Sheryl Alberga advised of community support of the project, and a petition in support with 1,200 signatures, 700 from Melbourne Beach, and approximately 500 from the South Beaches. She commented on letters of support from the Indian River Lagoon Scenic Highway Corridor Advocacy Group, the bicycling community, Principal Joyce Parten of Gemini Elementary School, Dr. DiPatri, the Green Party of Brevard, the Parks Board and Environmental Board of Melbourne Beach, Melbourne Beach Soccer Club, Florida Historical Society, and Tebeau-Field Library, and a call of support from Senator Howard Futch. She stated she went to an historic seminar at the Tebeau-Field Library and heard that for every dollar invested in historical restoration, the local economy gets back $12.

Ann Downing stated there is a lot of interest in the project; and she has a list of possible docents to staff the project. She commented on scheduling hours for the building, and the location.

Martha Remark, Vice Mayor of Melbourne Beach and Liaison to Williams Building Ad Hoc Committee, stated the Melbourne Beach Commission has adopted a Resolution of support, and is requesting a lease agreement. She stated the interlocal agreement would be between the County and the Town of Melbourne Beach; and advised of the responsibilities of the Town including utilities, repairs, ground maintenance, and office supplies. She advised members of the Ad Hoc Committee met with Commissioner Higgs and she is familiar with the details.

Commissioner O'Brien inquired if the Town of Melbourne Beach would be willing to buy the building and land; with Ms. Remark responding the Town cannot own land that is not contiguous, and it has not budgeted for such a purchase. She stated they are talking about a 25-year lease for the building and land; and advised of the historical significance. Commissioner O'Brien inquired what did the County want to do with the building; with Parks and Recreation Director Charles Nelson responding the County was not in a position to restore it, and was looking at demolition. Commissioner O'Brien inquired if the Town of Melbourne Beach wants to fund some of the restoration. Ms. Remark responded they would go for grants that did not require matching; the Town would be the recipient of the grants; and the County's name would also be used. She stated the Town has commitments in writing from people who are willing to do the historic restoration; and it would be a good use of the building. Commissioner O'Brien inquired about contributions from the School Board, State, or Chambers of Commerce; with Ms. Remark advising there have been no commitments.

Commissioner Colon expressed appreciation to the Town of Melbourne Beach; and commented on the partnership with the County.

Nancy Ciummo stated she has been working with the Ad Hoc Committee; with so much growth and development, historical resources are being lost all the time; and this is an opportunity to preserve a unique bit of the County's history. She commented on the value to the beaches and the efforts of the volunteer group; and requested the Board support having County staff work with the Melbourne Beach staff to work out the interlocal agreement. She advised of the historic value, and value to tourism, education, and culture.

Susan Simoes, President of Barrier Island Preservation and Protection Association (BIPPA), stated BIPPA feels that preservation of the Williams Building is in the best interest of the County; and commented on the building's proximity to environmentally-endangered lands, its historic value, its service as the first Town Hall of Melbourne Beach, and commitment of Melbourne Beach to provide utilities and maintenance. She advised of plans for an environmental learning center in the South Beaches and support of eco-tourism; and requested the Board reconsider its decision to demolish the building.

Jeanne Allen commented on decision to use the building as an historic center, need to share history with others, donations from the public, and the planned functions of the building including a model of the Town, meeting room, costumed docents, interactive involvement for students, office, gift shop, storage room, and ADA-compliant restrooms.

Chairman Carlson inquired if Ms. Allen worked with the History Museum or the Historical Commission; with Ms. Allen responding Ms. Alberga did. Commissioner O'Brien advised pioneer women did not have makeup or shampoo; and inquired if the docents will be authentic. Chairman Carlson inquired if the County pays the insurance for the Williams House in Rockledge; with Mr. Nelson responding no, but this is different because of the relationship with the Town. Mr. Nelson stated the Town is going to take the bulk of the responsibility in conjunction with a committee that will be created.

Commissioner O'Brien stated the County wanted to tear it down because it could not afford to maintain it; and inquired if the group is going to restore it; with Mr. Nelson responding yes. Commissioner O'Brien inquired if the County has no further responsibility except the insurance; with Mr. Nelson responding yes. Commissioner O'Brien stated that is a good deal.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to direct staff to work with the Town of Melbourne beach to complete the Interlocal Agreement for the Williams Building in accordance with the Management Plan; and return it to the Board.

Commissioner Higgs stated the citizens of Melbourne Beach and the South Beaches have come to the table with a proposal that is meaningful; it is a citizen effort; and everyone will benefit.

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

DISCUSSION OF BREVARD COUNTY JAIL FORENSIC SERVICES INTERIM REPORT,
PARTICIPATION PARTNERS IN CRISIS, AND ADOPTION OF RESOLUTION CREATING
THE COMMISSION FOR MENTAL HEALTH AND COMMUNITY SOLUTIONS, AND
BUDGET CHANGE REQUEST FOR STAFF PERSON, RE: MENTAL ILLNESS
PROBLEMS AND SOLUTIONS

Assistant County Manager Don Lusk staff was asked to provide a resolution establishing the Brevard Commission on Mental Health and Community Solutions, and a brief report on staffing requirements. He stated as they did the briefings, they got a sense from the Board there was a desire to change Section 5 of the Resolution to bring out more of the impact on what is

happening at the jail based on the mental health problems; and recommended a change to add to Section 5, "to review and make recommendations to restructure the County Jail and other criminal justice processes to effectively accommodate persons with mental illness and substance abuse." He stated staff was also supposed to bring back an interim report concerning jail solutions that could be done right away to improve things; an initial report was received from Circles of Care and a letter from the Sheriff's Department; and they are requesting that portion of the discussion be tabled to the September 11, 2001 meeting. He stated both sides were slightly apart on some of the recommendations; and they are going to try to pull together one report for the September 11, 2001 meeting. He stated the only thing left to do is to approve the resolution, if the Board desires, and authorize the information in the staffing report.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution creating the Commission for Mental Health and Community Solutions as amended to include, "review and make recommendations to restructure the County Jail and other criminal justice processes to effectively accommodate persons with mental illness and substance abuse problems"; table discussion of the Jail Forensic Services until September 11, 2001 Board meeting; and authorize necessary administrative and budgetary actions to employ a part-time staff person for the new Commission.

A member of the audience expressed appreciation to the Board.

Annette Smiley stated she is excited about the prospect of the Committee, and supports the resolution; and submitted information to the Board, but not to the Clerk. She commented on information found at www.fbi.com, including the fact that chemical agents might not be effective on mentally-disturbed individuals or those under the influence of drugs or alcohol, problems with using pepper spray, and incidents where use of pepper spray resulted in deaths. She stated the police still use pepper spray at the jail as well as on the outside; there are other ways of controlling people included in the report; and she hopes the information is added to the training of law enforcement officers in the future. She stated the Sheriff has indicated he wants a new jail; and suggested using the existing jail as a Medical Forensics Detention Center.

Commissioner Colon inquired if Ms. Smiley has spoken to the Sheriff's Department; with Ms. Smiley responding no. Commissioner Colon recommended Ms. Smiley do that. Ms. Smiley commented further on use of pepper spray.

Commissioner O'Brien stated the Board is forming a Commission so all of the ideas will be reviewed and brought to the Board with the reality of funding; and Ms. Smiley should address that body.

SPEED HUMP REQUEST, RE: KIRBY DRIVE

Commissioner Scarborough inquired if anyone is present in opposition to speed humps on Kirby Drive; and no response was heard.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve installation of five speed humps on the County-maintained area of Kirby Drive in Titusville. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: MILFORD POINT DRIVE

Dewey Strickland described the Milford Point Drive area; he stated the road is straight except for a jog about 30 feet approximately one-third up the road; and that is where there is a small County park and a school bus turnaround. He stated the road is paved, but is only 20 feet wide; it has no shoulders or sidewalks; and all bikers, joggers, walkers, etc. share the 20 feet. He stated utility poles are three to four feet off the edge of the road; and people's lawns go right to the pavement. He stated the speed limit is 30 mph up to the park, and then is 25 mph to the end of the road; and the speed limit does not work. He stated 48 people signed the petition for the speed humps, and two were in opposition.

Marian Wittman described the Milford Point Drive area; and stated her children cannot safely play in their front yard because of the speeding problem. She stated Milford Point Drive is a straight street with no natural deterrent to speed; and advised of use of the road by teenagers and by people taking test drives. She commented on lack of sidewalks, decision not to send her children to Audubon Elementary, narrow width of the street, on-street parking, and high property taxes. She recommended the speed humps be installed before a child is injured; and advised only two neighbors oppose the speed humps.

Mary Ann Eastep spoke in favor of speed humps; and advised of the loss of a pet to a speeder.

Shirley Curry commented on development of Milford Point Drive, use of street by commercial vehicles, Sheriff patrolling, redesign of the curve on the street, and speeders. She spoke in favor of installation of speed humps.

Clyde Thodey advised of growth on Milford Point Drive, raising his daughters, and tax increases over the past 32 years. He stated he is not against his neighbors; and the problem is the people speeding. He stated he called the Sheriff's Department eight or nine months ago, and 14 residents were ticketed for speeding as well as two contractors; and three weeks ago he called the Sheriff's Department again and there were only two citations, so the tickets are working. He commented on how the Milford Point Drive homeowners resolved the issue with Island Lincoln Mercury by having a block meeting; and suggested this problem be handled in the same manner, with a block meeting. He recommended the item be tabled for 60 days to allow a block meeting; and advised of the various speed limits on the road.

Commissioner O'Brien stated he received a lot of calls asking if he had called the Sheriff's Department, but he had not. He stated 85% of the homeowners on the street agreed; it meets four of the five criteria; the average daily traffic volume is 591 cars; and of the 48 who were petitioned, 40 said yes, one said no, and eight were unaccounted for.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve installation of seven speed humps on Milford Point Drive in Merritt Island. Motion carried and ordered unanimously.

Chairman Carlson called for a vote on the motion to adopt Resolution creating the Commission for Mental Health and Community Solutions as amended to include, "review and make recommendations to restructure the County Jail and other criminal justice processes to effectively accommodate persons with mental illness and substance abuse problems"; table discussion of the Jail Forensic Services until September 11, 2001 Board meeting; and authorize necessary administrative and budgetary actions to employ a part-time staff person for the new Commission. Motion carried and ordered unanimously.

STAFF REPORT, RE: JUNK AND ABANDONED VEHICLES

Jay Adamson advised of letters sent to the Commissioners; and read aloud a letter concerning junk cars, County Attorney's Office saying Code Enforcement will not use Chapter 46, lack of definition for junk cars, lack of guidance on how to deal with junk cars, Chapter 46 not giving enough time for due process before towing, and Board never giving Code Enforcement power to tow vehicles. He stated no memos were sent saying not to use Chapter 46; it was all done verbally; and he does not know why Chapter 46 is not legal to use. He stated Code Enforcement continued to circulate a pamphlet titled Citizens Property Standard Guide; on page 8 it gives Chapter 46-266 as a reference; but what is written in there is not what is in Chapter 46. He stated Chapter 46 requires the vehicles to have a registration; and requested the Board consider specifically what is mobile and operational. He inquired if he can have a vehicle that is mobile, operational, and registered, and it still be junk; and stated his answer would be yes, if it is not streetworthy. He stated if a vehicle needs mufflers, emission controls, cooling system components, and so forth, it is not fully operational; and if the word "operational" is going to be used, it should be all inclusive. He suggested a checklist for Code Enforcement officers to determine what is a junk vehicle. He stated all vehicles in the County that fall under the categories defined in Florida Statutes should be registered; Mr. Bowen's letter indicates that Chapter 520.08, Florida Statutes, says vehicles operating on the roadways will have a current registration, but if they do not go on the roadways, the State is not concerned and its responsibility ends; however the County's responsibility does not end. He stated if an incident occurs with a junk vehicle, new vehicle, registered or non-registered vehicle, the County still has to respond; so the price for all people in the County is the same whether the vehicle is registered or not. He stated the owner or responsible party for any vehicle should have it registered and have liability insurance; the owner's responsibility for the vehicle does not stop at the property line; and the owner has the choice of storing it in a closed business or a licensed storage department. He stated it does not seem right for people who do not have junk vehicles sitting in their yard to have to foot the bill for those who do.

Code Enforcement Director Bobby Bowen stated at one time the County did tow vehicles; that is why Chapter 46 was created; but towing of vehicles was suspended approximately four or five years ago because the Code was deficient and violated one's Constitutional rights to a hearing prior to a taking. He stated since they do not tow, they have been operating under the Solid Waste Code, which has been adequate for their purposes; and they treat a junk or inoperable vehicle the same as any other violation. He stated if there is overgrowth, Code Enforcement requires it to be cut; and if an individual does not get rid of a junk vehicle, he goes through the established process. He stated right now the question is whether to tow vehicles; and if that is the desire, it will be necessary to review Chapter 46 and amend it to provide for proper notification prior to a taking of a vehicle. He stated one of the reasons they are not towing any more is because towing companies were reluctant to get involved in towing vehicles that had no market; they were getting stuck with them; and they do not wish to do that today. He stated the County does not wish to get into the towing business; it creates a lot of potential liability for the County and the officers to go onto private property to seize a vehicle; and if an owner does not remove a vehicle, there is an injunction process that can be utilized. He advised he has spoken to many residents including Mr. Adamson, and there are mixed feelings on being proactive as opposed to being reactive, allowing property owners to tow the vehicles off, and restoration versus junk vehicles. He stated there are a lot of people who would like to keep a vehicle on their property because they are restoring it; and if they can show they are actively restoring it, that can be a consideration for the Board. He stated the last issue concerns requiring a license plate; since the absence of a license plate does not make a vehicle junk or inoperable, it should not be used as a single criteria as it is in Chapter 46; the Florida Statutes provide that when a vehicle is being operated on a public highway, a license plate is required; and to obtain a license plate one must also have proof of insurance, which is an added expense. He recommended the officer look at the totality of the circumstances to determine if the vehicle is abandoned, inoperative, or discarded; and stated that is the criteria that should be set up in the Ordinance. He stated if the County is not going to tow, it is simple to amend the Ordinance to have a definite description of a junk vehicle; and if it is the Board's desire to tow, then the Ordinance needs to be more elaborate.

Commissioner Colon inquired how other counties or municipalities deal with the issue; and stated her concern is going onto private property. She stated she knows one municipality is very careful concerning going onto private property. Mr. Bowen stated it does create some liability for the County; an aggressive wrecker operator may go in and do some damage; and there are potential hazards for officers going in and seizing a vehicle. He stated the Code Enforcement officer can take a Deputy Sheriff with him to do that; but he does not know if the Sheriff's Department will get tired of doing that. He stated in other jurisdictions some tow while others do not; and the ones that tow are the ones that are more proactive such as Orange County. Commissioner Colon inquired if no one in the County tows; with Mr. Bowen advising some time ago, the City of Titusville was towing. Mr. Bowen stated the newspaper article was misleading in that the City of Titusville only towed when the property owner gave permission to tow; the City did not open any gates or fences; and they only towed from open areas with the permission of property owner. Commissioner Colon inquired at whose expense where they towing; with Mr. Bowen responding it was at the owner's expense.

Commissioner Higgs inquired if the vehicle is not towed and someone will not comply by removing the vehicle, will the fine just accumulate; with Mr. Bowen responding yes, it will accumulate like any other violation. Mr. Bowen advised there is a period of time where it is possible to enter into injunctive relief, which has been done on many occasions. Commissioner Higgs inquired at that point would the court order removal of the vehicle; with Mr. Bowen responding that is correct. Commissioner Higgs inquired how long is that process to get to court. Mr. Bowen responded getting to court is not the problem; the current process they are working under provides the fines would accumulate until they reach 35% of the assessed value of the property; and at that point, it is possible to entertain going for an injunction. Commissioner Higgs inquired would it be a repeat offense; with Mr. Bowen responding no, it would only be a repeat offense if the case went before the Special Master for a finding of fact, it was brought into compliance, and then there was a repeat violation; and they would be in citation mode then. Commissioner Higgs stated it would actually be a repeat offense, but would not fall into that category; and inquired if Chapter 46 was changed to define it that way, could it get to the injunction stage more quickly. Assistant County Manager Peggy Busacca inquired would that be a repeat or recurring violation; and stated her understanding is a repeat violation had to go to a Special Master. County Attorney Scott Knox advised repeat means it was done, corrected, and it is back again, while recurring means it is continuous. Ms. Busacca stated the suggestion is to make each day a separate violation and then it would be recurring. Commissioner Higgs inquired if it would then be possible to seek intervention by the court; with Mr. Knox responding he does not know of anything that would stop the County from seeking intervention by the court if there was an egregious situation where someone had left a junk vehicle there for too long; and if the Ordinance was written to make it a violation, it could be done that way.

Mr. Bowen stated he and his staff are seeking direction from the Board on where to go not only immediately, but in the future as the County moves from a more rural society to a more urbanized one.

Commissioner Higgs stated if it is constructed in such a way that the recurring violation opens the door to getting additional assistance, then the County would not have to do the towing and the Court would direct action. Mr. Bowen advised he likes that idea.

Commissioner Scarborough stated if it goes for an injunction, it has to come before the Board; and inquired if there would be anything incorrect in having the option for the Board to seek an injunction or go for the towing. He stated it may be less expensive and less risk on the part of the County to pay a towing company to tow the vehicle off; and at that time, the Board can make a judgment. He stated for instance, if there are rats and snakes, that is one thing, and it is different than just picking on someone who is slow repairing a vehicle. He stated the Board would have the opportunity to allow the person with the problem to appear; it could be set up as a hearing process; and the Board could go either route.

Commissioner Higgs stated there are a couple of routes; the Board needs to rewrite the Ordinance; and there is the towing option as well as the option of the recurring offense.

Mr. Knox stated the only drawback to the towing option as it currently exists is that there is no hearing procedure, so it is unconstitutional; and if there were an option for the owner to come before the Board and they did not take advantage of it, then the County could have the vehicle towed, pay the towing company, and assess the towing cost as a fine on the property.

Commissioner Scarborough stated there should be a hearing process before the Board; the Board would then have the option of doing nothing, handling it as a Code violation, doing the injunction, or doing the towing; staff could make a recommendation; and perhaps it would be possible to strike a compromise. Mr. Knox stated there are approximately three ways to handle it; and recommended coming back with an ordinance.

Commissioner Scarborough stated a lot of them will work their way out of it; and inquired if there is a really bad one where the person is not talking to the County, does the Board want to deal with the Special Master and just have a fine occur as opposed to a hearing before the Board where the Board could take no action, proceed with Special Master, go to injunction, or go to towing. He stated that would allow the Board to legally proceed any way it wanted to and it would give the most flexibility. Chairman Carlson stated the Board would probably also want to look at volumes. Commissioner Scarborough stated if someone has to come before the Board to explain why the vehicle is there, knowing the Board has the full authority to have the vehicle towed, they may be more willing to seriously talk with Mr. Bowen. Commissioner Higgs stated they would also be willing to talk to Mr. Bowen if the Code Enforcement officer had the ability to call it a recurring offense and go directly to court to get it removed.

Chairman Carlson stated that is a good option too; and this will be brought back with options. She stated Orange County requires a junk vehicle to be located in an enclosed garage or parked completely within a carport and covered with a standard vehicle cover; and the Board should look at the options because this is a gnawing problem with the community. She stated if the Code could be more stringent, providing that the vehicle must be behind the door, in the back yard, or in the carport covered appropriately, that would be a service to the community. Mr. Bowen advised the current Code says it has to be within an enclosed building; but a lot of people do not have garages. Chairman Carlson inquired if it is adequate now; with Mr. Bowen responding no. Mr. Bowen advised they are operating under the Solid Waste Code, not Chapter 46; and because it is in the curtilage of the home, it is required to be under a carport.

Commissioner Scarborough stated if someone is doing temporary repairs, it would be easier for him to maintain insurance and the license tag on the car; but if someone is going to let those things lapse for a whole year, there is a problem with having the vehicle on residential property. He stated once the tag and insurance are abandoned, the vehicle is going to be in that state for a considerable amount of time; and having the tag and insurance is motivation to have a commitment to get the vehicle back on the road.

Chairman Carlson inquired what does the Board want to do.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to draft an ordinance dealing with junk and abandoned vehicles including the options discussed by the Board; and authorize scheduling a public hearing in 60 days to consider the proposed ordinance. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-01-23 AND PERMISSION TO NEGOTIATE TERMS, RE:
PUBLIC AND MEDIA RELATIONS AND ADVERTISING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to award Proposal #P-3-01-23 to 321 Media Group for advertising services and the Zimmerman Agency for public relations services; and authorize TDC Chairman Roger Dobson, Assistant County Attorney Kim Brautigam, and TDC Executive Director Rob Varley to negotiate the terms of the compensation packages, retainer fees, and expenses. Motion carried and ordered unanimously.

Commissioner Higgs inquired if the committee includes Assistant County Attorney Peggy Busacca; with Ms. Busacca responding she has been scheduled to attend, but she does not see that under the requested action for either item.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to reconsider award of Proposal #P-3-01-23 and permission to negotiation terms for public and media relations and advertising services. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Proposal #P-3-01-23 to 321 Media Group for advertising services and the Zimmerman Agency for public relations services; and authorize TDC Chairman Roger Dobson, Assistant County Attorney Kim Brautigam, Assistant County Manager Peggy Busacca, and TDC Executive Director Rob Varley to negotiate the terms of the compensation packages, retainer fees, and expenses. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-01-28 AND PERMISSION TO NEGOTIATE TERMS, RE:
TOURISM SPORTS PROMOTION AND DEVELOPMENT SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to award Proposal #P-3-01-28 to The Buchanan Company for tourism sports promotion and development services at an estimated $139,922 annually; and authorize TDC Chairman Roger Dobson, Assistant County Attorney Kim Brautigam, Assistant County Manager Peggy Busacca, and TDC Executive Director Rob Varley to negotiate the terms of the compensation package, retainer fees, and expenses. Motion carried and ordered unanimously.

DISCUSSION AND STAFF REPORT, RE: CHOOSE LIFE LICENSE PLATE FUNDS

Planner Chernita Joiner, Housing and Human Services, stated with the passing of House Bill 1509 during the 1998-99 Legislative Session, the Department of Highway Safety and Motor Vehicles was instructed to disburse funds collected from the sale of Choose Life license plates to county governments in accordance with the Florida Statute; and the Statute requires that all agencies receiving Choose Life license plate funds from County government be non-governmental, not-for-profit agencies within the County, limited to counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. She stated the anticipated disbursement for Brevard County will be approximately $15,538 for this fiscal year; and requested the Board determine the best process for the County to disburse the funds. She stated one of the options offered is to follow the recommendation of the coalition of agencies and allow Pregnancy Resources to become the administrative agency; at the end of one year, the coalition would select the administrative agency for the next year; the cost of the annual audit would be divided equally among the members of the coalition; and staff would develop a written agreement to include measurable outcomes, and bring it to the Board for final approval. She stated the other option would be to disburse funds through a process similar to the current CBO process, which would require the County to be responsible for all phases of administration of the process; and the last option would be to not accept the funds for the County, which would require a written request that the funds be held.

Chairman Carlson stated there are nine speaker cards submitted; and she does not know if all are in favor of Pregnancy Resources being the one to disburse the funds or not.

Commissioner Higgs stated the CBO process is the way it should be done; if a group such as the coalition wants to propose to the CBO, that is fine; and they could be the administrative entity in that process; but she is concerned about the way the funds are handled. She stated using the CBO is consistent.

Commissioner O'Brien stated the only groups eligible to receive the funds have come up with a solution rather than having to go back through the CBO application process and everything else; the group in Melbourne is the one with the financial strength that meets the criteria; so he does not want to force them to go through the same process and end up with the same result.

Commissioner Colon stated invitations were sent out to all qualified agencies in the County; a meeting was held on April 4, 2001; not all agencies responded; Pregnancy Resources did; and the Board should move forward and give them an opportunity to do this.

Commissioner Higgs inquired who was deemed to be qualified; and stated she understands the State funds are restricted to certain projects, but anyone would be qualified to be a user of the funds as long as they were doing a qualified project. Housing and Human Services Director Gay Williams stated the qualification would be according to the Statute; and the Statute limits it to those agencies providing services and counseling and meeting the physical needs of pregnant women who are committed to placing their children for adoption. She stated that would exclude any agency that would provide any type of counseling or referrals to abortion clinics, provide medical abortion-related procedures, or do pro-abortion advertising. Commissioner Higgs inquired if any group that met the criteria and did the project, assuming they are not doing any of the excluded activities, would be a qualified agency; with Ms. Williams responding that is correct.

Discussion ensued on the desire of the majority of the Board, desire of the speakers, and designation of Catholic Charities as lead agency for Jacksonville.

Terri Chase, Executive Director of Pregnancy Resources, stated the agency has been selected by the coalition to serve as the lead agency for the first year; and explained why they do not support the CBO option. She advised of the group's past experience working with the County with two CBO grants; and stated several of the agencies do not want to receive direct County funds, but are applying for the Choose Life tag funds because the money is given directly to the Choose Life adoption effort. She stated they do not want to lay any more burden on the County; this is the first time the groups have come together; and there have been some good results from the forming of the coalition working together in the adoption effort as well as helping unwed mothers, and mothers and fathers who need resources. She stated they want to work together rather than going through the CBO competitive process; not every agency would be able to use all the funds for the mothers; but they will be able to work together to use the funds. She stated they believe in personal responsibility and accountability, and know this is not their money to waste; they work hard for their budget and understand the bottom line; and in working with the CBO she has done year-end reports and outcome measures. She stated their desire is to do what is best with the funds; but they want to work together away from the CBO requirement.

Commissioner Higgs inquired if it is not necessary to have a competitive bid, but can be sole-sourced; with Ms. Chase responding it can be sole-sourced to Pregnancy Resources or any future agency the group designates; and they will work together and cooperate with the funds and at the end of the year present an audit to the County. Commissioner Higgs inquired if that is correct; with Ms. Williams responding it is correct. Ms. Williams stated the Statute and the requirements that came down from the Department of Motor Vehicles provide that the counties will determine the way they want to disburse the funds, and then notify them of the process selected; and the Board may appoint Pregnancy Resources to be the administrative agency.

Russ Amerling, representing Choose Life, Inc., stated Choose Life is the organization that sponsored the Choose Life license plate in Florida; and once the legislation was approved, they have undertaken to act as an educational organization to notify the citizens the tag exists. He stated they have taken it upon themselves to try to act as a facilitator with the potentially qualified agencies throughout the State; approximately 200 have been identified over the last three or four years; and the County did due diligence by inviting qualified agencies to participate. He stated the goal is to make sure the cost to the County to administer this is minimized; and the legislation was drafted with that in mind. He commented on auditing, accountability, and meeting with County and agency representatives. He advised four other counties have already completed the process; Duval County used an Ordinance to distribute the money; Hillsborough County piggybacked it into a contract it already had with an agency in the County; and Marion and Manatee Counties have entered into contract arrangements. He stated this is not tax revenue, but a voluntary contribution on the part of those who chose to buy the tag; so the purpose of running the money through the County is to give credibility and get it to the local level where the need is known. He commented on process to arbitrate between agencies, advocating the lead agency plan, directions from DMV, County's responsibilities, ability to change process from year to year, and accountability in the process to see that the money goes to the maximum number of recipients within the County.

Commissioner Higgs inquired if the audit showed an expense that was not eligible under the Statute, would the County be the liable party; with Mr. Amerling responding there is no punitive language in the Statute. Mr. Amerling advised that was because in some instances a woman may commit to place her child and be the recipient of funds, but then change her mind and decide not to place the child, so there is no language requiring repayment of the money.

Chairman Carlson polled the remaining people with speaker cards; and none chose to speak.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve allowing Pregnancy Resources to become the administrative agency for the Choose Life License Plate Funds, as recommended by the coalition of agencies; and directed staff to develop an agreement and bring it back to the Board. Motion carried and ordered; Commissioner Higgs voted nay.

FINAL PLAT APPROVAL, RE: GRAND HAVEN, PHASE III

Chairman Carlson stated this is the final plat for Grand Haven, Phase III; most of it revolves around the access to the Pineda Causeway Extension from St. Andrews Boulevard; that has not been determined as yet; and there are some issues that are on hold. She stated this item may be affected if environmental permitting cannot be established for one of the possible connections.

Land Development Director Bruce Moia stated Phase III is that portion of Grand Haven that abuts the existing alignment of what would be the south leg if St. Andrews Boulevard was extended along the curve and tied into the Pineda Causeway Extension; and it would continue it running south into Grand Haven, where a plus-type intersection is proposed. He stated he has been provided information from the engineer of record and U.S. Fish and Wildlife, which he forwarded to the Board; they have seen a sketch of the proposed alignment coming from St. Andrews Boulevard to the Pineda Causeway Extension that would be consistent with the encroachment level that the Pineda Causeway Extension enjoys; and they have preliminarily approved the alignment subject to a formal submittal. He stated from the sketch he has seen from the developer, the alignment would not require the existing roadway in Grand Haven to be relocated.

Chairman Carlson stated based on conversations with Duda and Sons, the determination on where the road will actually connect has a couple of different possibilities; and Mr. Moia said the road alignment to Grand Haven would not have to be moved. She inquired if there would not be a problem to impede bringing a road down there if that was the chosen connection; with Mr. Moia responding assuming the sketch that was provided is accurate, then it would not need to be realigned, but it will be the subject of a more formal review. Chairman Carlson stated in discussion with Duda and Sons, they have to have permit in hand to be able to go in there on that particular avenue, if they went in that direction by the eagle's nest through the wetlands; and everything else would be predicated on having the permits in place. She stated until those permits are legitimately in place, the Board cannot make an assumption; and there is discussion that needs to take place. She stated she is not ready to allow this to go forward; and would like it tabled until such time as everything else can be brought back for that connection. Mr. Moia advised there is no verification that Duda is going to allow St. Andrews Boulevard to run eastward before it runs south.

Tim Jelus stated he understands the concern, but Grand Haven and Sawgrass are two independent issues; and if the curved alignment of St. Andrews Boulevard is not permittable by U.S. Fish and Wildlife, or the County, or some other entity, then the proposed alignment would be north/south, and would have no effect on the agenda item before the Board today. He stated if it can be approved and the curved alignment is the chosen route, then staff is saying that the intersection that would be constructed would not need a modification at the Grand Haven entrance, so either way the agenda item is not affected.

Chairman Carlson stated if something comes up in the process that requires the entrance to be moved to some degree, potentially the intersection cannot be aligned. Mr. Jelus stated he has submitted drawings to the Traffic Engineering Department of the proposed St. Andrews Boulevard extension and its effect on Grand Haven and the intersection of Pineda Causeway extension; the County's traffic engineers requested comment from his consultants on issues that are minor in nature; his engineer submitted back to Traffic Engineering a plan that shows that everything does align and that Pineda Causeway extension does not need to be amended or altered; and he does not know what Chairman Carlson wants. Chairman Carlson stated she does not have enough information; and inquired when is Phase II coming back. Assistant County Manager Peggy Busacca inquired if Chairman Carlson is asking about the rezoning request; with Chairman Carlson responding no, she means Phase II. Mr. Moia advised Chairman Carlson means Phase I, which used to be Phase II, or Sawgrass South; and that will not be back on the agenda until staff hears from Duda and Sons. Chairman Carlson stated she would like to give Duda and Sons the opportunity to say this is not an issue any longer; when she met with them, it sounded like it was an issue; and this can be brought back to the next meeting; but until she hears from them in a positive manner, based on the new information, the Board needs to hold off on this item.

Mr. Jelus stated he has reservations about the delay; these are two independent projects; and he has a contractual obligation to his builders to deliver the products that have been in the system for over two years. He stated the County constructed the Pineda Causeway Extension and the entrance; it was moved twice to make sure the proposed intersection could be accommodated in the future; and to table it now puts a financial burden on him. Chairman Carlson stated the County should not be stepping in the middle of this as it seems to be a discussion between Mr. Jelus and Duda and Sons. Mr. Jelus stated this has nothing to do with Duda and Sons regarding Grand Haven. Chairman Carlson stated she must be misinformed because it was obvious at the meeting that there was an issue; and she would like the item to be tabled for a week so Duda and Mr. Jelus can talk about this to make sure everyone is in agreement. Mr. Jelus inquired what does Chairman Carlson want them to talk about; with Chairman Carlson responding about the possible connection and the environmental impacts. Mr. Jelus stated the plat is in place; Phase I is already platted; and the County built the entrance.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to table consideration of final plat approval for Grand Haven, Phase III to September 4, 2001. Motion carried and ordered; Commissioner Higgs voted nay.

Commissioner Higgs stated she does not know if she is opposed; she does not have enough information; and because there was a motion to table, she had no chance to discuss it.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 5:30 p.m.

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

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