September 4, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 4, 2001, at 9:00 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 Reverend Richard Pobjecky, St. Gabriel's Episcopal Church, Titusville, Florida.

Commissioner Colon led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the July 19, 2001 Special Meeting Minutes. Motion carried and ordered unanimously.

REPORT, RE: MANATEES BASEBALL TEAM

Commissioner O'Brien advised the Board and audience that the Brevard County Manatees Baseball Team is in the playoffs for the State Championship.

REPORT, RE: TOWN MEETING FOR BEACHES

Commissioner Colon stated the Town Meeting for the Beaches has been changed to September 22, 2001; and if anyone would desire further information he or she can contact her office at 253-6611.

REPORT, RE: CULTURAL DISPLAY

Chairman Carlson stated the Very Special Arts (VSA) Group has a display in the lobby of the Government Center; VSA provides programs and cultural access, literacy and family services, school and community partnerships, and youth development and career services; VSA helps people with disabilities contribute to the social, cultural and economic life of their communities, which, in turn promotes disability awareness and inclusion worldwide. She stated it is sponsored through the Brevard Cultural Alliance (BCA); and School Board Member Janice Kershaw, heads up that effort at BCA.

APPOINTMENT, RE: CANVASSING BOARD FOR NOVEMBER 6, 2001 ELECTION

Chairman Carlson stated Commissioner Colon will not be available for the November 6, 2001 Election Canvassing Board; and Commissioner Higgs will be taking Commissioner Colon's place.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to appoint Commissioner Nancy Higgs to serve on the Canvassing Board for the November 6, 2001 Election. Motion carried and ordered unanimously.

NOTIFICATION, RE: ITEMS REMOVED FROM CONSENT AGENDA

Chairman Carlson stated at the last meeting she had pulled Item III.B. 3, which is back on the Agenda; and inquired if the Board wants to put together a policy or something when a Commissioner is interested in pulling a consent item.

Commissioner Higgs stated it was her understanding that the policy the Board has tried to work with is that by noon on Friday, if the Commissioners notify the County Manager's Office to pull something, it gives the Office time to get the information to the Board members; and everybody knows when an item has been pulled. Commissioner Scarborough stated Monday is set aside for briefings with County staff; and it is possible to have a particular problem on that day. Chairman Carlson stated notification needs to be made as soon as possible when a Commissioner determines to remove a consent item.

REPORT, RE: SIGNATURE BONDS

Chairman Carlson stated the Board received a couple of memos that came through the County Manager's Office, based on a Channel 2 announcement through Sheriff Phil Williams Office, regarding a $22,000,000 loss of revenue to the County on signature bonds; and the last paragraph in one of the memos suggests it may be appropriate for the Board to request a report from the Clerk of Courts as to his role in the enforcement and collection of bond forfeitures. She advised if the Board could get a report from the Clerk, it would be helpful.

ORDINANCE, RE: REGULATING ESCORT SERVICES

Chairman Carlson stated she received a letter from Sheriff Phil Williams concerning an escort services ordinance; the Board has an Ordinance relative to rave clubs and leisure spas on the books; the Special Investigations Unit is concerned that Brevard County needs an escort services ordinance, similar to the Ordinance in Orange County; and inquired if the Board wishes to pursue it.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct staff to draft an ordinance regulating escort services, similar to the Orange County Ordinance, to be scheduled on the Agenda for Board consideration. Motion carried and ordered unanimously.

REPORT, RE: COMMODORE BARRY DAY CELEBRATION

Commissioner O'Brien stated that on Saturday, September 8, 2001, beginning at 11:00 a.m., at Jetty Park in Port Canaveral, there will be a memorial celebration for Commodore Barry Day sponsored by Meg O'Malley's of Melbourne and Beef O' Brady's of Suntree with a lot of food and refreshments, presentation by the U.S. Navy Color Guard, bagpipers, and other things; and the public is invited to attend the free festivities.

RESOLUTION, RE: COMMENDING JOSEPH STECKLER, BREVARD'S ALZHEIMER'S
FOUNDATION

Chairman Carlson read aloud a resolution recognizing and commending Joseph Steckler, Brevard's Alzheimer's Foundation.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to adopt Resolution commending Joseph Steckler for his outstanding leadership in the establishment of the Brevard Alzheimer's Foundation and dedicated service to the elderly and their families who have
benefited from the services provided by the Foundation since 1995. Motion carried and ordered unanimously. (See page for Resolution No. 01-296.)

Mr. Steckler stated a lot has been said about what he has done, but it can be attributed to the Board, which have believed in what the Foundation has done and tried to do; it is all about people; when the Board decided to do the Commission on Aging, it took a big step forward; and a mental health study commission is extremely important. He noted the Board is doing things to make the people want to become a part of the community; the community is not oriented to infrastructure, but to people infrastructure; it makes such a great difference in how the County treats people; and thanked the Board for its support of the people of Brevard County.

Chairman Carlson presented the Resolution to Mr. Steckler.

RESOLUTION, RE: PROCLAIMING NATIVE AMERICAN HERITAGE MONTH

Commissioner Colon read aloud a resolution proclaiming the month of November, 2001, as Native American Heritage Month.

Rita Ann Divelbiss stated she is Cherokee from Cherokee, North Carolina, and now resides in Melbourne; she is also a member of the Indian Association of Florida; and introduced friend Martha Pessaro from Merritt Island. Ms. Divelbiss stated on Sunday evening she watched 60 Minutes and was highly offended by part of the program; she hopes the Board and other commissions that follow will be smart enough to know that they cannot pay the black people of America for what happened 200 years ago. She noted the Indians readily accepted the black people for who they were; and advised of events that took place when they were brought here from Africa.

Ms. Divelbiss stated the United States does not have to pay the black people anything; and if the Board gets a chance to say no to paying the black people, she hopes it will do that as the Indians are not asking the United States to pay them for what they lost, which was everything.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the month of November, 2001, as Native American Heritage Month in Brevard County, and urging all residents to recognize this special month and the contributions American Indians and Native Americans have made to the well-being of our County and State. Motion carried and ordered unanimously. (See page for Resolution No. 01-297.)

Commissioner Colon presented the Resolution to Rita Ann Divelbiss.

Martha Pessaro, representing the Native American Intertribal Council of Kennedy Space Center, stated on November 16, 2001, Dr. Yvette Boodoo with the Morris Cultural Group is trying to do something at BCC South Campus; the AIA POW-WOW is taking place on November 2, 3, and 4, 2001 at the Central Florida Fairgrounds; and there will also be a commemorative luncheon at Patrick Air Force Base, with Howard Keal, representing the Oklahoma Nation, speaking at the event.

Commissioner Colon noted her grandfather was an Indian from the mountains of Ecuador. Commissioner Scarborough stated he visited Guatemala and the Mayans; sometimes people consider the European culture a higher culture; and unfortunately, the European settlers wiped out all the written documents of the Mayans. He noted they had astronomy far beyond anything envisioned in Europe; and sometimes the people have done great injustice to that civilization in not recognizing their tremendous accomplishments.

FINAL ENGINEERING APPROVAL, RE: KINGS PARK ESTATES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant final engineering approval for Kings Park Estates, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUNSET LAKES, PHASE X

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant final plat approval for Sunset Lakes, Phase X, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUNSET LAKES, PHASE IX

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant final plat approval for Sunset Lakes, Phase IX, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING FEES FOR PROCESSING CHANGE OF USE

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution establishing fees for review and processing of occupational licenses for change of business use; and approve adding one position to handle the coordination efforts. Motion carried and ordered unanimously. (See page for Resolution No. 01-298.)

INTERLOCAL AGREEMENT WITH CITY OF MELBOURNE, RE: CONSTRUCTION AND
INSTALLATION OF POTABLE WATER SYSTEM IN LAKEMONT ROAD
WATERLINE MSBU

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Interlocal Agreement with the City of Melbourne for construction and installation of the potable water system in the Lakemont Road Waterline Municipal Service Benefit Unit. Motion carried and ordered unanimously. (See page for Interlocal Agreement.)

PERMISSION TO ADVERTISE FINAL PUBLIC HEARING, RE: RESOLUTION
ACCEPTING IMPROVEMENTS IN WROBEL PLACE WATERLINE MSBU

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise a public hearing for October 2, 2001, to consider a resolution accepting improvements and adopting final assessment roll for Wrobel Place Waterline MSBU. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE CREATING
WOODLANDS OF LAKE WASHINGTON WATER MSBU

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise a public hearing for October 2, 2001, to consider an ordinance creating The Woodlands at Lake Washington Waterline MSBU. Motion carried and ordered unanimously.

RESOLUTION, RE: CONFIRMING PRELIMINARY ASSESSMENT ROLL FOR
LAKEMONT ROAD WATERLINE MSBU

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution acknowledging preparation of the preliminary assessment roll for the Lakemont Road Waterline Municipal Service Benefit Unit; fixing the time and place at which owners of the property to be assessed may appear before the Board of County Commissioners of Brevard County, Florida, and be heard; providing for notice in writing to be given to the property owners to be assessed; providing for the publication of said notice; and providing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 01-299.)

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS FROM ARCHITECTURAL
AND ENGINEERING FIRMS, APPOINT SELECTION/NEGOTIATING COMMITTEE;
AUTHORIZE COMMITTEE TO NEGOTIATE CONTRACT; AND AUTHORIZE
CHAIRMAN TO SIGN CONTRACT, RE: DESIGN AND CONSTRUCTION OF
BARRIER ISLAND ECOSYSTEM CENTER

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize advertising a Request for Proposals from architectural and engineering firms for preparation of plans, drawings, and specifications for bidding the construction of the Barrier Island Ecosystem Center; appoint a Selection Committee consisting of Parks and Recreation Director Charles Nelson, EEL Program Manager Anne Birch, Parks and Recreation Construction Manager Dan Click, and Assistant County Manager Don Lusk or their designees and a member appointed by the EELSMC; appoint a Negotiating Committee consisting of Parks and Recreation Director Charles Nelson, EEL Program Manager Anne Birch, Parks and Recreation Construction Manager Dan Click, and Assistant County Attorney Kim Brautigam or their designees; and authorize the Chairman to execute the negotiated contract. Motion carried and ordered unanimously. (See page for Contract.)

AGREEMENT WITH CITY OF MELBOURNE, RE: BUS TRANSPORTATION SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Agreement with the City of Melbourne for bus service within the City from October 1, 2001 to September 30, 2002 at $26,083. Motion carried and ordered unanimously. (See page for Agreement.)

AUTHORIZE ISSUANCE OF PURCHASE ORDER OVER $35,000 TO BELLSOUTH, RE:
PURCHASE OF COMPUTER NETWORK EQUIPMENT AND SOFTWARE UTILIZING
STATE CONTRACTS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize issuance of a Purchase Order for $57,782.20, utilizing State Contract pricing, to BellSouth for purchase of computer network equipment and software to upgrade the current computer network at the SCAT Central Terminal. Motion carried and ordered unanimously.

AMERICAN COASTAL COALITION RESOLUTION, RE: SUPPORTING FEDERAL
FUNDING OF COASTAL PROJECTS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt American Coastal Coalition Resolution supporting federal funding of coastal projects. Motion carried and ordered unanimously. (See page for Resolution No. 01-300.)

TASK ORDER 97-21 WITH HDR ENGINEERING, INC., RE: PREPARATION OF NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Task Order No. 97-21 with HDR Engineering, Inc. for preparation of National Pollutant Discharge Elimination System Permits at an amount not to exceed $61,890. Motion carried and ordered unanimously. (See page for Task Order 97-21.)

APPROVAL, RE: COST OF LIVING AND MERIT INCREASES FOR FY 2001-02

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve cost of living increases of 4%, and a methodology for awarding merit increases to permanent non-bargaining unit personnel at no increase for performance evaluation scores of 2.49 and below, 15 cents per hour or 1%, whichever is greater, for scores 2.50 to 3.99, and 25 cents per hour or 2%, whichever is greater, for scores 4.0 to 5; approve 4% COLA only for senior management whose annual salaries exceed $60,000; and for new hires with less than one year of service, merit increases will be awarded the first pay period after the anniversary date, based on most recent performance evaluation. Motion carried and ordered unanimously.

APPROVAL OF WORKSHOP DATE, RE: REDISTRICTING

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve scheduling of a Redistricting Workshop for Thursday, October 18, 2001, at 9:00 a.m. Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT AND EXECUTION OF RELEASE, RE: COMMONWEALTH
V. BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve settlement and execute Release for Commonwealth Land Title v. Brevard County. Motion carried and ordered unanimously.

APPLICATION AND ACCEPTANCE OF GRANT FROM BUREAU OF ALCOHOL, TOBACCO
AND FIREARMS, RE: GANG RESISTANCE EDUCATION AND TRAINING (GREAT)
PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to apply for and accept grant funding from the Bureau of Alcohol, Tobacco and Firearms to reimburse the Sheriff's Office for salaries, benefits, and program expenses incurred for the Gang Resistance Education and Training (G.R.E.A.T.) Program. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the Bills and Budget Changes. Motion carried and ordered unanimously. (See pages for List of Bills and Budget Changes.)

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLAT OF
AMMONIATE PRODUCT'S CORPORATION'S SUBDIVISION - ATTORNEY
LEONARD SPIELVOGEL AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Chairman Carlson called for the public hearing to consider a resolution vacating rights-of-way in Plat of Ammoniate Product's Corporation's Subdivision, as petitioned by Attorney Leonard Spielvogel and St. Johns River Water Management District.

There being no comments or objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution vacating rights-of-way in Plat of Ammoniate Product's Corporation's Subdivision, as petitioned by Attorney Leonard Spielvogel and St. John's River Water Management District. Motion carried and ordered unanimously. (See page for Resolution No. 01-301.)

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-2103, ALTERATION OF
LOT SIZE, ABUTMENT OF LOTS ON PUBLIC RIGHT-OF-WAY, AND ACCESS TO LOTS

Chairman Carlson called for the public hearing to consider an ordinance amending Section 62-2103, Alteration of Lot Size, Abutment of Lots on Public Right-of-way, and Access to Lots.

Commissioner O'Brien stated the ordinance states, "The right-of-way acquisitions can render certain properties non-compliant within a lot size"; and requested staff elaborate on the language.

Planning and Zoning Director Mel Scott stated the purpose of the ordinance is to clearly establish the status of a lot that has lost some of its property as a result of a condemnation or acquisition that has occurred on behalf of Brevard County; and the only change to the ordinance is putting those phrases dedicated or condemned into the provision which already was in place for those properties that lose up to 20% of their lot size as a result of an acquisition on behalf of the County. He noted there were times in proceedings where the amount of money was being determined for an acquisition or condemnation; in some instances, there would be questions of the jury with regard to the status of the lot and the ability of the smaller lot to be considered a non-conforming lot of record in the Zoning Code and enjoy the ability to proceed in the attempt to obtain a building permit; and the ordinance clarifies that.

Commissioner O'Brien stated there is a lot problem on North Merritt Island along S.R. 3; some of the lots have 85-foot frontage and 85-foot depth; in taking the setbacks plus septic tanks, the lot is rendered unbuildable; and inquired will the ordinance correct the problem. Mr. Scott responded the ordinance does not address a lot that has gotten smaller to the point that it cannot meet setbacks; and it is excluded in one of the provisions of the ordinance. He stated if a lot, such as a 2 ½-acre lot in an AU zoning classification, looses 20% of its area, it would no longer meet the 2 ½-acre minimum size requirement; however, what remains on the property would still be able to meet the setbacks. He noted the ordinance would clarify the status of that lot with regard to its ability to pursue a building permit; however, there are instances where lots become so small with the road encroaching further to the interior of those lots, that there could be a health, safety, and welfare issue if the setback provisions were also waived; and the Board needs to be careful not to allow small lots to automatically be excused from the setback requirements. Commissioner O'Brien stated if two acres is a requirement of AU and someone had 1.8 acres due to a taking by government, the individual could keep the AU designation without any further problem. Mr. Scott noted there would be no problems in that circumstance and meeting the setback requirements of AU; and this would clarify to the jury that the lot is a non-conforming lot that can pursue a building permit.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 1, Article VI, Division 6, Subdivision I, specifically amending Sections 62-2103(a), and 62-2103(b), as they relate to nonconforming lots due to condemnation; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously. (See page for Ordinance No. 01-44.)

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTIONS 62-2259 AND 62-2271,
NOISE AND VIBRATION STANDARDS

Chairman Carlson called for the public hearing to consider an ordinance amending Sections 62-2259 and 62-2271, Noise and Vibration Standards.

Commissioner Scarborough stated it is his understanding that the Board needs to amend the Ordinance to have something that is discernible beyond background noise.

Dart Moralis, representing Grove Institute, inquired is Commissioner Scarborough referring to the rewording of the entire Ordinance or the specific decibel limits that were incorporated; with Commissioner Scarborough responding the changes in the decibel limits now. Mr. Moralis stated the previous level of 45 is going to be difficult to achieve on a regular basis; staff is interested in 50 decibels as a night level as opposed to the proposed 55 decibels; it is an internal choice; and his recommendation is that typical suburban night-time levels are in the order of about 50 decibels. He noted a 50 decibel rate may have a lot of violations from air conditioning units; and there is a potential for the County to be dealing with a lot of low-level noises at night.

Commissioner Scarborough stated if there is noise that blends in, it becomes the background noise; one of the ways to block out noise is to increase the background noise; the disturbing noise is the screeching noise; and the nature of the sound is much more disconcerting than the hum of the neighbor's air conditioner. He inquired is there a way to distinguish between the two sounds, a background level, and then something exceeding the background level. Mr. Moralis responded Commissioner Scarborough is referring to the information content of sound, which is generally what people object to; it is recognizable as offensive; and those are best listed as line item issues. He noted even crickets and frogs can exceed 50 decibels in the evening; and part of the re-writing of the ordinance was to include equipment that does data logging and to specify minimum time periods. He stated it is possible sometimes to identify a sound that exceeds 55 decibels when the background is 55; and there is not a straight line when talking about average levels as there will be peaks and valleys. Commissioner Scarborough inquired about someone operating a drill and working odd hours and evenings. Mr. Moralis responded it would be dealt with as a line item issue; and lawn mowing and the use of heavy equipment could be curtailed at a certain time.

Commissioner Colon stated page 2, vibrations, includes examples of vibration sources; and inquired if it is possible to add "ground" vibrations to the paragraph. Mr. Moralis stated the ground itself does not vibrate; if it is the desire of the Board, rewording is available that would include vibrations transmitted through Earth; what Commissioner Colon is referring to is something at a distance that is transmitted through the ground and emerges somewhere else; and it is a grammatical issue.

Chairman Carlson stated paragraph 2 talks about the Local Planning Agency (LPA) recommendation; and requested staff explain the difference between what is included in paragraph 2 and what the recommendation is now.

Mr. Scott responded the ordinance as presented talks about vibrations being measured from a receiving use; and the LPA recommendation, which was brought forth by a citizen who has been interested in the ordinance, spoke to the desire to measure outside the property line of the alleged offending source. He stated where a receiving use may be several properties removed from the alleged source, one would go to the receiving use as the person who called in the complaint; and with the measurement taken at the property line of the alleged receiving use, it is possible for somebody, many properties away, to phone in a complaint, but yet the measurement be taken right outside the property line of the alleged source. He noted it is a preference the Board would have to grapple with; however, it is easy to assume that the property line standard would render this provision more stringent. Chairman Carlson inquired what is Mr. Moralis' perspective on it; with Mr. Moralis responding he agrees it would be a more stringent issue. Chairman Carlson inquired is it something easier to enforce and would it have the best possible solution for citizens who are getting impacted by such an issue. Mr. Moralis responded vibration and the word "easy" do not go together; in the sense of enforcement, it merely makes it more restrictive for the emitter; and the person creating the vibration is held to a higher standard. He stated the other way would be if someone were in a rural area, and the emitter of the vibration is allowed to emit beyond his or her property line, until it reaches somebody; and in that aspect it is more restrictive, as it holds the emitter to a higher standard, not the receiver. Chairman Carlson inquired in some of the other performance measurements, such as lighting, does the County keep it to the property line of where it is emitted from, and would it be more consistent to keep it at the property line of where it is coming from. Mr. Scott responded if the County were to compare it to other performance standards it would be more consistent to do it that way; but the Board has the option of differentiating between performance standards with regard to how it wants them to be measured. Mr. Moralis stated with vibration there is an unusual situation; with sound there is almost always air transmission; vibration adds an additional dimension or component, which is transmission through solids; and that is why there was not a property line restriction previously. Chairman Carlson stated if the property line restriction is not included, the County is not protecting all the citizens.

Commissioner Colon stated the County wants to set those individuals creating the nuisance to a higher standard. Commissioner Scarborough inquired if the Board changes the ordinance to measuring at the property line there would not be a problem, but there is a problem some distance away; and inquired if one would preclude the other. Mr. Moralis responded it is at or beyond. Chairman Carlson stated if there is music late at night that the people across the river can hear it, but the people across the street cannot, if it is stopped at the property line, then nobody gets impacted; but maybe that is too restrictive.

Commissioner Higgs requested staff clarify the effect of the changes on existing properties as there may be some confusion as to how the application will take place. Mr. Scott responded because the County's performance standards do not have in place an amortization schedule, which gives properties the ability to change their operation to conform to these higher standards, it has been grandfathering existing uses to the performance standards in place when they were created. Commissioner Higgs inquired are the performance standards in industrial and commercial categories; with Mr. Scott responding the amendments to the performance standards would only be applied to businesses being constructed from this point forward. Commissioner Higgs noted the Board made the decision in terms of grandfathering existing businesses; it may be that at some point it needs to revisit the issue of how these apply to existing businesses and determine a way to move forward to amortize them; it would give the Board a chance to upgrade and give businesses sufficient time to bring their operation into compliance; and the new standards do not apply, but the Board should revisit it, give proper notice to everyone, and discuss it as a separate category. Chairman Carlson stated she would like to see the LPA's recommendation included. Commissioner Scarborough inquired will Commissioner Colon's suggested language in terms of vibration from the ground be included; with Chairman Carlson responding affirmatively. Mr. Scott inquired is the LPA recommendation Commissioner Higgs is referring to in relation to the property line standard; with Commissioner Higgs responding affirmatively.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 6, Subdivision III, specifically amending Section 62-2271, Noise, and Section 62-2259, Vibration, Brevard County Zoning Regulations; and Chapter 46, Land Development Regulations, Code of Ordinances of Brevard County, Florida related to noise; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida, as amended. Motion carried and ordered unanimously. (See page for Ordinance No. 01-45.)

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to provide a report on applying new standards to existing commercial and industrial properties and how other communities handle that. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING SIXTH SMALL SCALE PLAN
AMENDMENT OF 2001 (01S.6)

Chairman Carlson called for the public hearing to consider an ordinance adopting the Sixth Small Scale Plan Amendment of 2001 (01S.6).

Commissioner Higgs stated the applicant needs to make his presentation. Chairman Carlson stated she does not see the applicant in the audience. Commissioner Higgs expressed concern about the amendment and its change to the Future Land Use Map (FLUM); and stated it would be putting a change to the FLUM in the middle of an area that is totally different. Commissioner Scarborough suggested the Board continue the public hearing and make sure the applicant understands that a motion to deny could be considered if he or she is not present.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to continue the public hearing to consider ordinance adopting the Sixth Small Scale Plan Amendment of 2001 (01S.6) until October 2, 2001, to allow the applicant to be heard. Motion carried and ordered unanimously.

Commissioner Higgs requested staff return to the Board with a report on water and sewer in relationship to the existing County plant in the Barefoot Bay area to see if the property will be served by the plant.

PUBLIC HEARING, RE: RESOLUTION REVISING FINES AND FEES CHARGED BY
LIBRARY SERVICES DEPARTMENT

Chairman Carlson called for the public hearing to consider a resolution revising fines and fees charged by Library Services Department.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution pursuant to the provisions of Chapters 70 and 230, Code of Ordinances of Brevard County, Florida, amending the Brevard County Library System schedule of fees and charges for overdue, damaged, or lost library media and other library services; and providing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 01-303.)

PUBLIC HEARING, RE: RESOLUTIONS INCREASING SOLID WASTE DISPOSAL
ASSESSMENTS AND CHARGES, COLLECTION, RECYCLING, AND IMPACT
FEES

Chairman Carlson called for the public hearing to consider resolutions increasing solid waste disposal assessments and charges, collection, recycling, and impact fees.

Assistant County Manager Stephen Peffer stated the Solid Waste budget requires approval by the Board at the first budget hearing, according to statutory requirements; when staff discussed the rate resolution with the Board last week, one of the issues was the collection rate proposed changes; the Solid Waste Department divides its disposal and collection charges; and in the unincorporated part of the County where it has the contract and franchise with collectors for collection, it charges an annual fee for the service. He noted both increases in expenses and revenue decreases from State grants have negatively impacted the financial situation in the collection fund; there needs to be a certain reserve at the beginning of the year to pay expenses to the collectors; and it is highly desirable to have a sufficient balance in the fund should the County run into an emergency, such as a hurricane, tornado, or something that requires extra expenditures for collection services. Mr. Peffer stated staff provided the Board different options, which are necessary in order to assure that the fund is fiscally sound, can meet its payment requirements, and has a sufficient reserve for emergencies.

Solid Waste Management Director Euripides Rodriguez stated in response to Commissioner Colon's memo, his Department issued a memo to the Board containing four different options; option 1 is a 3% increase to the collection assessment; it would permit the County to recuperate all the costs associated with the Program, plus accumulate a reserve in order to reach a point where the County would be safe as far as any emergencies in the future; option 2 is a 2% increase, which permits the County to break even; there would be very little increase in the reserves, if at all, and it would highly depend on the amount of interest that can be generated on the reserves; and option 3 is a modest increase of approximately 1%, which would slow the decrease of the fund. He stated option 4 is a mixture of a couple of things; several years ago the County had a decrease in the disposal rate of $2.00 and an increase in the collection rate of $2.00 in order for the homeowners not to have any affect as far as rate increases for the unincorporated area; and the incorporated area had a decrease of those $2.00. He stated if the County were to decrease the disposal rate by 2%, he would recommend only affecting residential properties since they are the ones benefiting on the collection side; and there would be a corresponding increase in the collection side. Mr. Rodriguez stated to partially offset the decrease in the disposal, several years ago the Board made the decision of including renovations in the assessment; anybody that has renovations can bring them in and not have to pay any gate charges; it excluded roofing materials; and in order to offset that kind of decrease in revenue, staff would prefer to have an increase from zero to at least $5.00 or $6.00 on the renovation side tipping fees. He noted it would not cover the cost, but it would partially offset the cost.

Commissioner Higgs inquired what is the estimated revenue from the change in the tipping fee on renovation material. Mr. Rodriguez responded the estimate is $450,000 for $6.00; and at the current time, the County does not make a difference between roofing and other types of renovation. Commissioner Higgs inquired what is the total revenue increase with option 1 at 3%; with Mr. Rodriguez responding approximately $500,000 or $600,000. Commissioner Colon inquired what would be the increase on a regular home; with Mr. Rodriguez responding $2.89, which will help the County to start accumulating the reserves so in several years it will get to where it needs to be. Mr. Rodriguez noted at that time, staff would come back to the Board and revisit the issue on whether it needs to decrease it a little bit. Mr. Peffer stated with the $3.00 increase, the County is still significantly below the surrounding counties; and Brevard County's collection rate is economical for its residents.

Commissioner Scarborough stated if the County increases the tipping fee too much, there is a tendency for people to dump along the roads or orange groves; and there is a potential cost to the community in having tipping fees increased. Mr. Rodriguez stated this is one of the main reasons why the Board in the past has chosen to include roofing materials in the assessment; roofing materials would still be included in the assessment under any of the options; and what Commissioner Scarborough mentioned has happened in the past.

County Manager Tom Jenkins stated by having the annual assessment, the County discourages that from occurring.

Commissioner Colon stated she supports the 3% increase to be able to sustain a sufficient and fiscally sound reserve for the long term.

Commissioner O'Brien stated the Board needs to be cautious; if it does not have sufficient reserves and there is a natural disaster, the money would have to be drawn from the General Fund as a loan to Solid Waste; there would be overtime costs for deputy sheriffs, EMT's, firefighters, Road and Bridge, and costs to maintain and rebuild the damage to roads or drainage systems; and without a reserve, the County would have to reach deep into its pocket to restore a quality of life for the people who live here. He noted it is important that the reserves reach the $1 million mark, but the Board needs to revisit it at that time. He stated the Board should set a goal for reserves, put the money aside, invest it, then remove the $2.89 surcharge. Mr. Rodriguez stated staff would desire a reserve of $2.9 million; and he would feel very comfortable at that level. Commissioner O'Brien inquired if approximately $250,000 can be collected per year for reserves at the $2.89 surcharge; with Mr. Rodriguez responding yes. Commissioner O'Brien stated the County could have $1 million in the first four years and $2 million in eight years; and a lot can happen across the next eight years. Chairman Carlson stated one expects replenishment of the reserve account when it is reduced; and the County has eaten away at the reserves over the years, which is why it is in the position it is in now.

Commissioner Higgs stated there are a couple of ways to address the reserve; one way is the tipping charge; some people are doing a job on new construction and attributing it to renovation; then it gets to the landfill, and the people say it is coming from a house renovation, so it is not charged; and the County is not collecting that amount of lawful, legitimate charge because people are attributing it to renovation. She noted a combination of a slight increase of 1%, which is about 96 cents, and the reinstatement of the charge for disposal is a fair way of approaching the problem; if the County is going to get revenues of $300,000 or $450,000 it can be replenishing reserves through a legitimate charge to people who are using the service at the gate. She stated it is a user fee to those people who are now using that service. Commissioner Higgs stated a person who is not doing a major renovation and is simply having his or her solid waste collected and disposed of is not going to pay that; but the person who is doing a major or minor renovation would be paying the legitimate charge of disposal; and the 1% is a reasonable increase based on the loss of revenues the County has had. She noted over the years, significant revenue has been lost to the declining contribution by the State in regard to emergency situations and hurricanes; it cannot be minimized; when the County used to get 25% it now gets 12%; and people need to understand where the costs are coming from. She stated the loss of the recycling grants and loss of revenue for disposal of tires are also revenues that the County has been receiving in past years from the State that it is no longer receiving; and citizens need to understand that while they are applauding the decrease in taxes and those kinds of things, they are having an impact on local government.

Commissioner Higgs stated the way to replenish the reserve and cover the collection cost is through a 1% increase on the collection side and reinstate the tipping charge for renovations; and that would attribute the costs appropriately to where they are coming from.

Commissioner Colon stated she cannot support that, and supports a 3% increase, which would be $2.89; the County needs to be careful with the tipping fee; she has a great concern of people dumping materials anywhere; so she cannot support the tipping fee. She noted the $2.89 for residential would put the County where it should be.

Commissioner Scarborough stated he agrees with Commissioner Colon's comments; his office had a tremendous amount of problems with illegal dumping and it diminished when the County no longer had the tipping charge; and there is a cost, as the Sheriff's Office and Code Enforcement were involved.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution of the Board of County Commissioners adopting a schedule of annual rates, assessments and charges, to construct, operate and maintain a Solid Waste Disposal System, against all improve real property within both the incorporated and unincorporated areas of Brevard County; providing for interest against delinquent assessments on improved commercial properties; and adopting a schedule of special rates imposed at time of delivery for the County Fiscal Year beginning October 1, 2001.

Commissioner Higgs stated the Board may see business people come before it in regard to this issue as they have visited her office; although the County is giving the credit, it is not collecting any kind of revenue to pay for the credit; it does not seem to be the right way to do business; and she will oppose the motion, but supports getting the reserves increased.

Chairman Carlson stated she understands the tipping side of the equation, but does not understand why the County does not have a better mechanism in place for differentiating new construction from renovation through the permitting process; and inquired why is it such a problem. Mr. Rodriguez responded when someone goes through the scale house, he or she tells the County what kind of material it is; the scale house attendant will or will not have the possibility of looking into the bed of the truck; and sometimes in new construction or renovation, one cannot tell the difference by looking at the material. Chairman Carlson noted there has to be some paperwork that needs to follow every time someone comes to dump something. Mr. Rodriguez stated the County could start requiring individuals to submit permits for everything they bring in. Chairman Carlson inquired would it be feasible; with Mr. Rodriguez responding affirmatively. Mr. Jenkins stated if the County is going to require somebody to go to Viera first before he or she dumps his or her trash, it may not be practical. Mr. Rodriguez stated the person would have to submit proof after-the-fact when the charges are put on his or her monthly statements; and it would be hard to do it beforehand. Commissioner Scarborough stated when someone pulls a permit, the County could give he or she a receipt; and Solid Waste Department could have a printout of the individuals with permits. Mr. Jenkins stated staff can review the issue; it gets the Board's message that it wants staff to start distinguishing between new construction and renovation; and staff will review the most effective way of doing it without causing any undue hardships on anybody. Commissioner Higgs noted the cities and County areas are involved, which complicates it further.

Chairman Carlson called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Resolution No. 01-304.)

There being no further comments heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution of the Board of County Commissioners ratifying, confirming, and certifying the Annual Disposal Assessment Roll for the County Fiscal Year beginning October 1, 2001 and forwarding the same to the Tax Collector's Office for collection in the same manner as ad valorem taxes are collected. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Resolution No. 01-305.)

There being no further comments heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution of the Board of County Commissioners approving the imposition of an Annual Solid Waste Collection and Recycling Program Special Assessment for all improved residential real property and an Annual Recycling Program Special Assessment upon owners of improved real property for implementation of the Recycling Program for all improved real property within the Brevard County Solid Waste Collection and Recycling Program Municipal Service Benefit Unit, and providing for interest against delinquent assessments on improved commercial properties for County Fiscal Year beginning October 1, 2001. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Resolution No. 01-306.)

There being no further comments heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution of the Board of County Commissioners ratifying, confirming, and certifying the Annual Collection and Recycling Program Special Assessment Roll for the County Fiscal Year beginning October 1, 2001 and forwarding the same to the Tax Collector's Office for collection in the same manner as ad valorem taxes are collected. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Resolution No. 01-307.)

There being no further comments heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution of the Board of County Commissioners approving the imposition of a Solid Waste Impact Fee on all newly improved real property within both the incorporated and unincorporated areas of Brevard County, to help finance facilities required as a result of new development and new users, and providing for interest against delinquent impact fees on improved commercial properties for the County Fiscal Year beginning October 1, 2001. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Resolution No. 01-308.)

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION AMENDING CLERK OF
COURTS FILING AND SERVICE FEES

Chairman Carlson called for the public hearing to consider an ordinance and resolution amending the Clerk of Courts filing and service fees.

County Manager Tom Jenkins stated the item is a result of the budget workshop; staff proposed some increases to the filing fees; the Board has seen the item previously; this is the formal action; and the funding is being used to offset the cost of operating the court system.

Commissioner Scarborough stated the main issue of concern is that someone has a fundamental right to access the legal system; in no way would he want somebody who is impoverished not to be able to obtain his or her rights as an American citizen; and inquired if the County touched base with the Brevard Bar Association and received any feedback.

Program Manager Shaunna Heffernan responded she received a verbal answer, and is expecting something in writing from the Association, that it does not render opinions on subjects such as this.

There being no further comments heard, motion was made by Commissioner Colon, seconded by Commissioner Higgs, to adopt Ordinance amending Chapter 38, Code of Ordinances, Brevard County, Florida; repealing Section 38-1(c) relating to the Brevard County Clerk of Courts filing fees and service charges; creating a new Section 38-1(c) relating to the Brevard County Clerk of Courts filing fees and service charges; providing for adoption of such fees by Resolution; providing for severability; providing for inclusion in the Code; and providing for an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 01-43.)

Motion by Commissioner Colon, seconded by Commissioner Higgs, to adopt Resolution supplementing Chapter 38, Section 38-1, Brevard County Code of Ordinances, providing the schedule of filing fees and service charges charged by the Brevard County Clerk of Courts for specific actions; and providing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 01-302.)

FINAL PLAT APPROVAL, RE: GRAND HAVEN, PHASE III

Chairman Carlson stated she pulled the item from the Agenda at the last meeting, and the issues have been resolved to her satisfaction.

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

SPEED HUMP REQUEST, RE: LUCIANO AVENUE

Charlene Amis stated she has lived on Luciano Avenue for 12 years; there are three stops for school buses on the street; there are speeders in the area as children are waiting for the buses; and it is getting worse, especially with the opening of I-95 onto Grissom Road. She noted Luciano Avenue is a drag strip; the Sheriff's Office has been called and a deputy responds, but it is after-the-fact; and a child could get hurt if something is not done. She noted the residents do not like speed humps, but they need help.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the request for installation of six speed humps on Luciano Avenue, located in Canaveral Groves Subdivision, in Section 36, Township 23S., Range 35E.

Commissioner Higgs inquired has staff looked at the stop sign concept. Commissioner Scarborough noted stop signs are not encouraged for the use of speed control because they have the propensity of increasing accidents; and when the Board was briefed originally as to different ways of handling speeding, it was told not to use stop signs, as major fatalities could occur due to the misuse of stop signs.

Traffic Engineering Director Dick Thompson stated the overuse of stop signs creates contempt for them; and it has been proven that stop signs are only effective for about 150 to 200 feet from the intersection and has a negative effect, as people will tend to drive faster to make up for the time they use stopping.

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

PERSONAL APPEARANCE - JASON LAWSON, MILLENNIUM LOUNGE, RE: REQUEST
FOR WAIVER OF FEES

The Board took no action concerning request from Jason Lawson, Millennium Lounge, for waiver of fees for Conditional Use Permit (CUP) license as Mr. Lawson was not present at the meeting.

PERSONAL APPEARANCE - VINCENT TARANTO, RE: AMENDMENT TO SECTION
62-1186, NONCONFORMING MOBILE HOME PARKS TO ALLOW LIMITED
EXPANSION

Vincent Taranto, owner of Holiday Haven Mobile Home Park, requested an amendment to Section 62-1186, nonconforming mobile home parks, to allow limited expansion. He stated the Park extends from the ocean to the river from Spessard Holland Golf Course to the sewer plant; there are 70+ acres; there is BU-1 for a convenience store and gas station, a small strip of multi-family, and four senior mobile home parks with TR-3 zoning on all of it, except two acres. He stated in 1969, his parents and he developed the area, except a couple of pieces in the front; the actual layout of the Park is such that all the streets are one way and average about 17 feet wide; the engineer who did the original layout was from Europe and designed it backwards; and the in-going is on the left and the out-going is on the right. Mr. Taranto stated all the homes in the Park were laid out at 60° angles; every home in the Park is on an angle to facilitate easy access into the lot; the density is eight units per acre, which is the density of the Comprehensive Land Use Plan today; and the request does not have anything to do with density, but completion of the development of the area to compliment the Park. He depicted areas on a map, including the green area of TR-3, yellow area administratively rezoned in late 1998 by the County to TR-3, the area rezoned from TU-1 to TR-3 in 1999, and the rezoned property to TR-3 in 2000. He noted the two parcels that were rezoned were bound by TR-3 already; in February 2000, the access to the ocean was rezoned to TR-3; and submitted pictures to the Board showing what the Park looks like and the angle in which the homes are laid out. Mr. Taranto stated the request would allow the balance of the area to be developed in a manner which would conform with the rest of his Park; it would have no affect on density; and it has a major affect on layout and safety. He noted the amendment would allow him not to put more units in, but to put them in a fashion where it would allow a safer layout for entering individual driveways; he has worked with Mr. Enos to come up with something that would be restrictive enough to protect anything that would happen next to single-family areas; and the expansion would meet the density of the Comprehensive Land Use Plan. He stated the land would be zoned TR-3; and six different items would have to be met to be able to utilize the TR-3 non-conforming. Mr. Taranto stated this is not based on density; he went before the Variance Board and was able to get a variance for a six-foot wall with brick columns all the way across the front; he has a pedestrian and bicycle entrance with two entrances for vehicles; and there will be a nice layout in the front, which will match the nice layout throughout his entire development.

Zoning Official Rick Enos advised the current Park, although it is zoned TR-3, is non-conforming by use and design; TR-3 current regulations require a 50-foot setback to a certain use such as residential uses; but the non-conforming section of the Code deals with mobile home parks that can be as little as 15 feet. He stated setbacks are normally 20 feet to interior roads under TR-3; but under non-conforming mobile home parks, the setback is three feet. He noted the purpose of the reduced setbacks is to allow homes in existing non-conforming mobile home parks to be replaced; these homes have gotten bigger since the 1950's and 1960's; this was done to accommodate moving out old homes and putting in new homes; Mr. Taranto wishes to use the non-conforming setbacks in his expansion of the mobile home park as opposed to using the required setbacks in TR-3, which is contrary to the intent of the Code the way it reads presently; and staff does not recommend it. Mr. Enos stated some of Mr. Taranto's concepts are not bad; the Board may want to consider amending the TR-3 zoning classification, which requires a 50-foot setback to single-family and multi-family zoning; and he is not sure that a 50-foot setback to multi-family zoning is necessary. He stated the 50-foot setback to single-family probably is a good regulation, but to a multi-family use, 50 feet may be excessive next to a hotel or other TR-3 uses, and could be as little as 15 feet. He noted there seems to be a big gap in there; and perhaps reducing the setback to 25 feet or something like that where adjacent to multi-family would give Mr. Taranto some relief, and it would amend the TR-3 classification rather than amending the non-conforming section to allow expansions.

Mr. Taranto stated there are two crucial issues; the area is all non-conforming except for two little patches; it is realistic to allow that to be developed under the TR-3 non-conforming; and there is some confusion because in 1999, the County administratively rezoned the section that includes the two legs going to A1A to TR-3. He noted in 2000, he requested rezoning of property to TR-3 that abuts TR-3 and not multi-family; and the actual rezoning that took place was on Parcel 503.1.

Commissioner Higgs stated she would be interested in hearing further discussion from staff whether the Board should entertain a change in the 50-foot setbacks on TR-3 between TR-3 and a multi-family use, and whether the multi-family use is more consistent with the setbacks on other non-single family areas.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge the request of Vincent Taranto concerning amendment to Section 62-1186, nonconforming mobile home parks, to allow limited expansion; and direct staff to review the standards of the TR-3 zoning classification and report back to the Board on the implications. Motion carried and ordered unanimously.

PERMISSION TO SUBMIT GRANT PROPOSAL, RE: SUBSTANCE ABUSE AND MENTAL
HEALTH SERVICES ADMINISTRATION

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize submittal of the Substance Abuse and Mental Health Service Administration (SAMSHA) Targeted Capacity Expansion grant proposal. Motion carried and ordered unanimously.

APPROVAL, RE: INCREASE GROUP HEALTH INSURANCE CONTRIBUTION RATES
FOR EMPLOYEES, RETIREES, AND DEPENDENTS, AND IMPLEMENT PLAN
DESIGN CHANGES

Commissioner Higgs stated the Board recently received the information from the School Board; it set parameters for its portion of the group plan; and requested Mr. Abbate discuss what those are and the implications of those to the County's plan.

Human Resources Director Frank Abbate stated staff provided a new Exhibit C, which has the current plan design that the County has for a variety of items; the HMO/EPO for hospital inpatient co-payments is currently zero; the initial proposal was $100 per admission; and the School Board concluded negotiations with its Union and agreed to adopt the $100 per admission. He noted on outpatient surgery, the County had zero co-payments; it discussed with the School Board a $50 outpatient surgery co-payment; and the School Board negotiated with its Union a $25 co-payment. He stated on the physician co-payments, the County currently has $15 for primary care or specialists; it was looking at increasing it $20 for primary care and $25 for specialists; the School Board is looking at leaving it $15 for the primary care and increasing the specialists to $20; for major out-patient procedures, such as catheterizations, MRI's, and CT scans, the County has zero co-payment; the County was looking at a $50 co-payment; and the School Board negotiated a $25 co-payment. Mr. Abbate advised on the PPO plan, the County currently has a $20 office visit co-payment; it was looking at breaking that out to $25 for primary care and $30 for specialists; and the School Board negotiated $20 for primary care and $25 for specialists. He noted the initial proposed plan design changes were approximately $250,000 to $275,000; it would be the associated reduction in the Board's expenditures if adopted; the School Board Union negotiated option is about $75,000 less than that; and the reason the Board may want to look at adopting the School Board's negotiated option is because the partnership plan is well known by the physician and hospital community; and both groups have difficulty, as do some employees for the School Board and the County, of distinguishing between the County and School Board. Mr. Abbate stated there is no requirement that the plans have to be kept aligned; but administratively, it causes less problems if the plan designs remain identical.

County Manager Tom Jenkins stated the School Board's dependent charge to its employees is probably two to three times what the County is currently charging for dependents. Mr. Abbate noted it is substantially higher; and in the Board's package is a comparison of the School Board's charges, shown as Exhibit 4. Commissioner Higgs stated if the Board wanted to deal with the differences in benefits to its employees between the PPO, EPO and HMO, the only way to do it, if it adopts the same plan characteristics, is by the monthly charges; with Mr. Abbate responding that is correct. Mr. Jenkins noted the County has tried to provide a lower cost insurance program for its employees.

Commissioner Colon inquired if Mr. Abbate would have a problem if the Board adopted the same thing that the School Board did in regard to the numbers; stated the committee ran all the numbers; and requested feedback from Mr. Abbate concerning the figures. Mr. Abbate stated staff has attempted to work with the School Board; there was a lot of give and take when the plans were initially put together for the School Board to modify its plan design to match the County's; that was accomplished and has been left that way for the last two years; the County has made a concerted effort to try to keep the plan designs similar; but there may be a reason that the Board would rather not raise premiums that people are paying and do some of the cost shifting through plan design; and if the Board chose to do that, this would be the way to do it. Mr. Jenkins stated the committee looked mostly at the rates; when there are higher charges, they affect the people who use the system as opposed to the higher rates; and what the County originally proposed is those individuals who are using the system the most are going to pay more; so it impacts the greater users of the system.

Commissioner Colon inquired since the information was given to the Board at short notice, does staff need additional time to crunch the numbers, or is Mr. Abbate comfortable giving a recommendation to the Board to move forward. Mr. Abbate responded there is approximately a $75,000 difference if the Board adopts the School Board negotiated option; the County would be reducing its reserve by $75,000; there are advantages to doing it; but it is a Board policy decision in terms of whether it feels there is a need to further shift additional costs to the employees. Mr. Jenkins noted the other consideration is whether or not the Board wants to charge everybody a higher rate or charge a higher fee for those persons using the service; if the Board increases the dependent rates, everybody will be paying more money; and if the Board implements the increases proposed originally, it would be those people who are using the system who will pay more, but not the people who are not using the system. Mr. Jenkins stated the Brevard Partnership Plan could be Brevard Partnership-County Commission and Brevard Partnership-School Board; so there is a way to delineate between the two.

Commissioner Higgs stated one of the questions was the difference between the employee's benefit who chooses the HMO and the employee's benefit who chooses the PPO or EPO, the relative benefit of those, and the fairness of that inequity. Mr. Abbate stated under that scenario, the plan design options would not be addressing the inequities between those two; and if it was the Board's consideration, it would look to adopt the School Board recommended item as a majority of the costs relate to the HMO and EPO, which are already the lower cost plans. Commissioner Higgs stated the way to address the issue she described is by increasing the cost of the PPO for those people who use it; the cost could be $5.00 or $10.00; and somebody who is choosing to go into the much more costly plan would help share the cost. Mr. Jenkins stated the Board did that, to some degree, in the rates it is charging. Commissioner Higgs noted the County is still having an extraordinarily different benefit for those people who are choosing the more expensive plan. Mr. Abbate stated if the Board adopts the initially proposed plan design changes, it would be putting the additional burden to the lower cost plan members, including the HMO and EPO members; most of the plan design changes apply to those members, not the PPO; and if the Board is concerned about the inequities between the cost of the plans, it would look at the School Board union-negotiated option rather than the initially proposed option.

Mr. Jenkins inquired why the County has not done the same increases for the PPO. Mr. Abbate responded this initially came up because of the School Board's financial situations; 80% are in the HMO and EPO, not the PPO; therefore, it looked to shift the cost and was looking to the plan that had the majority of participants in it. Mr. Jenkins inquired is there anything that precludes the County from doing the same increases in the PPO. Mr. Abbate responded it is a totally different structure; there are deductibles and co-payments; and it is not based on the same kind of structure. Mr. Jenkins stated the County could raise the PPO rates, which is receiving the greatest subsidy. Commissioner Higgs stated the County could go with the School Board's negotiated option. Mr. Jenkins noted it would be for the HMO and EPO; and the difference could be made up in the PPO. Commissioner Higgs stated the difference could be made up in the PPO and EPO. Mr. Abbate noted another option would be to adopt all the rates that the School Board has adopted for the HMO and EPO; and look at a higher office visit co-pay on the PPO so that the PPO would be the only plan that would be looked at with a different design than the School Board. Commissioner Higgs stated the County would not have to address the plan design as much as it could address the monthly charge; and inquired what is the difference between the County's cost on the HMO versus the County's cost on the EPO and PPO. Mr. Abbate responded the subsidized monthly cost to the County per member under Aetna HMO is $202; the Healthfirst Health Plans cost is $234.59; under the EPO, it is $261.52; and under the PPO, the County's cost is $350.55.

Commissioner Higgs stated it is fundamentally unfair that some employees choose a much more expensive plan that is subsidized by a lot more than the HMO; it is fine that the County offers it, but they need to share proportionately in the cost because they are choosing a more expensive option. Mr. Jenkins noted the County could take the School Board negotiated option for HMO and PPO, and make up the difference in the PPO monthly rates paid by the employee. Commissioner Higgs stated the Board can discuss it. Mr. Abbate stated Exhibit 2 contains a couple of options that the Board may want to consider; the shaded column deals with the premium rates, which raises all the rates for dependents and retirees in all the plans by 17%; and in light of the Board's discussion at the August 14, 2001 meeting, staff developed two additional options for the Board to consider. He stated Alternative Option 1 increases the EPO and PPO employee contributions, as well as the dependent, retiree, and retiree dependent contributions by an additional $5.00; and that is a way of shifting the cost to the employees who are in the higher cost plans. He noted Option 2 includes an increase for the dependents under age 65 to be the same as the retirees; there was a differentially previously where the dependent rate was lower than the retiree rate; it starts the additional shifting by a $5.00 per member per month for dependents, employees, and retirees over the initial option that staff provided to the Board of a 17% rate increase; and Column 6 shows Alternate Option 1, 2002 Premium Rates and Corresponding Percentage Change from the Current Rates, as in Column 7. Mr. Jenkins inquired does Option 1 or Option 2 do what Commissioner Higgs was referring to; with Mr. Abbate responding Option 1 begins doing that. Mr. Abbate stated Commissioner Higgs at the last meeting requested staff look at a way to further reduce the Board's contribution level; Option 2 looks at doing that by reducing the Board's level from $495 to $485; and to do that on a monthly basis, the County needed to increase all the rates by an additional 12%, which is what Option 2 does for all four plans. Mr. Jenkins inquired about what the Board had discussed trying to do by taking the School Board's HMO and EPO and increasing the PPO rates. Mr. Abbate responded it would be accomplished by adopting the School Board rates plus Option 1; and Option 1 increases the EPO and the PPO rates by $5.00 for employees, their dependents, retirees, and their dependents over what staff had initially proposed.

Commissioner O'Brien stated if the Board increases the cost to retirees by $5.00 per month that is $60 per year; and inquired has their other benefits, such as retirement pay also been increased. Mr. Abbate responded the Florida Retirement System (FRS) changed the retiree subsidy; they are provided $3.00 per month for every year of service; they could retire anywhere from 10 years of service up to 30 or 33 years; some people retiree with 35 years of service; and it was increased from $3.00 to $5.00 a couple of years ago. He noted a retiree who has 30 years of service would be given an additional $150 per month to use toward the payment of health insurance; it increased a couple of years ago; and depending on what option they take, they may or may not utilize it. Commissioner O'Brien expressed concern that retirees get into a fixed income system and the Board starts increasing rates on their health insurance at a time in their life when they need it the most; and the younger retirees are in much better health and require less health care.

Commissioner Colon expressed concern about County employees who earn approximately $20,000 annually and is expected to stretch that small paycheck; stated they may have a family of four; just because they are young does not mean they do not have issues; winter is coming, including flu season; and when one child gets sick, there is a domino affect. She inquired what happens to that County employee on whatever action the Board takes today; and stated that person is trying to make ends meet and put food on the table.

Mr. Abbate stated the retiree cost for the PPO Plan for the County is presently $165 per month; the School Board is currently at $424 per month, which is increasing by 20%; it will be $500 next year; and the County's rate would go to approximately $180. He noted the HMO retirees for the County is $135 per month, compared to the School Board's rate of $278 per month; the County's rate would be increasing by 17%, and the School Board's rate is increasing by 20%; for the HMO retiree under age 65, the cost is $331 per month; and the County is subsidizing $173.14. He stated there are few retirees that participate in the HMO Plan; and over 80% of the County's retirees are in the PPO Plan. Mr. Abbate stated County employees who make less than $24,000, probably over 80 to 90% of them are in one of the two HMO Plans; if the Board adopts the HMO School Board options, there is going to be minimal impact on those employees as the only increase will be for specialist visits of $5.00 and not the primary care visits; if it is only the County employee, there is no increase; but the employee with four dependents is presently $58 per month; and 17% of $58 is $67, which is an additional $9.00. He noted staff did an analysis for Commissioner Scarborough; the impact is approximately $100 per year; the anticipated salary increases the Board approved today will provide the employee with about $750 for the lowest paid employee in the organization; and with the $750 wage increase they will receive, there will be an offset cost of approximately $100 in the group health insurance program for those employees in that category.

Commissioner Higgs stated if the Board looks at the comparative costs Mr. Abbate has provided on Exhibit 4 of the Benefit for Family Health Insurance versus other jurisdictions, there is a very family-friendly workplace in terms of providing health insurance options to families; it is a good benefit and good deal for the County; employees can come to work when their children are sick because they have an opportunity to take them to health care and get the problems taken care of; and the County covers it well. Mr. Abbate stated the Board does very well in that area for its employees, their dependents, and retirees compared to many other comparable employers.

Commissioner Scarborough inquired if Commissioner Higgs wants to discuss the inequity of subsidizing some employees to a greater extent than other employees on the health plans; with Commissioner Higgs responding affirmatively. Mr. Abbate stated staff has attempted to address it in Option 1, by beginning to increase the differential in the premiums for employees and retirees who choose that Option over the HMO option; the other option on the table that the Board may want to discuss is in Option 1, increasing the co-payments on PPO Plan to $30; and it would further have individuals in the PPO Plan carrying a greater burden of the more expensive Plan's cost. Commissioner Scarborough inquired does the Board have to make a decision today; with Mr. Abbate responding it is important for it to establish the rates, as the County needs to go to open enrollment at the beginning of October, 2001.

Mr. Jenkins stated there is consensus from the Board to go with the School Board's plan option design rates and increase the PPO co-payment. Commissioner Higgs stated it would include Option 1 and the $30 co-payment for the PPO Plan. Commissioner Higgs inquired is Option 1 an additional $5.00 per month; with Mr. Abbate responding it would be an additional $5.00 per month for the EPO and PPO above the rates that were initially proposed.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve Option 1, increasing the group health insurance contribution rates for employees, retirees, and dependents for EPO and PPO, effective January 1, 2002; and approve the negotiated option of the plan design changes as put out by the School Board.

Commissioner Scarborough stated he will support the motion, but has an uneasy feeling that the County still has a higher subsidy for the higher-paid health insurance plans over the lower-paid plans; and when the Board addresses the issue again, he would like to see different types of spreadsheets. Commissioner Higgs stated she stayed with the low option, as the County could do it over a couple of years. Commissioner Scarborough noted the Board also needs to ask the question about the salaries of people opting into each plan; and requested staff provide that data, including the difference in subsidies. He stated if the Board finds that the people who are earning $40,000 and above annually are being subsidized in the amount of another $150, he has to ask himself is it the way the system should work. Commissioner Higgs inquired if Commissioner Scarborough wants to work more on the issue today; with Commissioner Scarborough responding he needs additional data. Commissioner Scarborough stated he knows the problem, but does not know the answer.

Mr. Abbate advised he will do a breakdown for the Board and provide the information for the next discussion; and staff will start looking at the salaries of employees in the PPO Plan compared to the other Plans. He stated another factor that further complicates the issue is that the higher rates that are shown in the PPO Plan are because of the nature of such Plan and freedom of choice; there are many retirees in the PPO Plan; and they are the most expensive part of the Program as well, including the prescription cards, which is primarily why retirees are in that Plan.

Chairman Higgs stated the County can start the dialogue and not wait until next year; and the Board can discuss the issues throughout the year.

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

WARRANT LIST

Upon motion and vote, the meeting adjourned at 11:13 a.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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