July 9, 2002

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 9, 2002, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O’Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Jackie Colon.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Minutes of the March 5 and 19, 2002 Regular Meetings, April 4, 2002 Zoning Meeting, April 16 and 30, 2002 Regular Meetings, and April 18 and May 9, 2002 Special Meetings. Motion carried and ordered unanimously.

ITEMS REMOVED FROM AGENDA

County Manager Tom Jenkins requested Items III.A.16, Permission to Bid, Award Bid, and Execute Agreement with Florida Department of Environmental Protection, Re: Sarno Lakes Watershed, Phase I and III.A.17, Permission to Bid, Award Bid, and Execute Agreement with Florida Department of Environmental Protection, Re: Indian Trail Water Quality Enhancement Project be withdrawn from the Agenda. The Board acknowledged withdrawal of the items.

CANCELLATION OF WORKSHOP

County Manager Tom Jenkins requested the workshop scheduled for Thursday, July 11, 2002 be cancelled; and stated there are two other budget workshops scheduled.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to cancel the budget workshop scheduled for Thursday, July 11, 2002. Motion carried and ordered unanimously.

AUTHORIZATION TO RESEARCH, RE: ALLIGATOR SIGNAGE

County Attorney Scott Knox stated he had a request from a citizen to do some research on whether the County should post alligator signage; and usually he does not do such research without Board authorization. Commissioner Carlson inquired if Mr. Knox is talking about Beware of Alligator signs; with Mr. Knox responding affirmatively. Commissioner Higgs inquired where would they be put; with Mr. Knox responding it is a lake in District 1. Chairman Scarborough stated once the Board starts the policy, it will be pervasive; Mr. Knox can come back with the advantages, disadvantages, and liability if the Board posts or does not post such signage; and it would be wise to have that opinion.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the County Attorney to research and report on the implications of alligator signage. Motion carried and ordered unanimously.

REPORT, RE: PNEUMONIA

Commissioner O'Brien stated he was diagnosed with pneumonia on Sunday; and he may have to leave the meeting before it ends.

ITEM PULLED FROM CONSENT AGENDA, RE: DISCUSSION AND CONFLICT OF
INTEREST

Commissioner Higgs requested Item III.A.1, BCC Policies, Re: Denials of Zoning Actions and Approval of Binding Development Plans, be pulled from the Consent Agenda for discussion. She stated she will abstain from voting on Item III.F.10, Appointment, Re: Brevard Workforce Development Board, because she has done business with that agency and it could appear to be a conflict of interest.

EMERGENCY SITUATION, RE: CULVERT IN PALM SHORES

Commissioner Carlson stated she has been informed of an emergency situation concerning a collapsed culvert in Palm Shores; and when the Board gets to New Business, she would request the Board to consider an additional agenda item to deal with it.

REPORT, RE: SAMPLE THE ARTS

Commissioner Carlson stated Earth Awareness of Brevard has a display in the foyer; and Candace Haycraft will speak about it.

Candace Haycraft, representing Earth Awareness (Entertainers Against Ruining Their Home), stated the idea of Earth Awareness was first established by Susan Luley in 1997; and described Ms. Luley's efforts to put together a two-day event in April 1999. She stated people of all ages volunteer for Earth Awareness Festivals, which have been held in Brevard County in 2000, 2001 and 2002; and the next will be held on March 29 and 30, 2003. She stated they also sponsor many other projects such as student dances, the battle of the bands showcase, and ways for people to earn countless hours of community service; the group is a not-for-profit organization to give children productive outlets and to help artists of all kinds be recognized; and expressed appreciation to the Board, Central Brevard Parks and Recreation, Space Coast Teens, and the Brevard Cultural Alliance for their support.

REPORT, RE: TOWN MEETING

Commissioner Colon stated her next town meeting will be held on July 20, 2002 at 10:30 a.m. at the Senior Center; and the topic will be the widening of Minton and Emerson Roads. She stated she will also appear before the Palm Bay City Council on July 18, 2002.

PERMISSION TO SEND LETTERS, RE: INS POLICY CONCERNING INTERNATIONAL
VISITORS

Chairman Scarborough stated the Commissioners should have received a fax concerning the policy of the Immigration and Naturalization Service (INS) concerning limiting vacations for international visitors.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to authorize the Chairman to send letters to Congressman Dave Weldon and Senators Bill Nelson and Bob Graham concerning the Immigration and Naturalization rule that would cut short international visitors' vacations in the United States. Motion carried and ordered unanimously.

REPORT, RE: SPOIL ISLAND MAINTENANCE

Chairman Scarborough stated he was asked by Florida TODAY about the idea of getting involved in spoil island maintenance; he talked to staff and the County Manager about it; and it does not seem at first blush any problem. He stated the only problem is there have been comments in Florida TODAY, and they are starting initial discussions with the State without Board authorization or approval; and it would be appropriate, before proceeding further, to respond to any Board questions and have Board approval. He stated he would like staff to proceed with discussions with the State and report back on the feasibility and what types of opportunities may exist.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize staff to proceed with discussions with the State of Florida concerning getting involved with spoil islands, and report back to the Board on the feasibility. Motion carried and ordered unanimously.

PERMISSION TO SEND LETTERS OF APPRECIATION, RE: MAX BREWER BRIDGE
APPROPRIATION AND RAILS TO TRAILS

Chairman Scarborough stated there was almost a gubernatorial veto of $3 million for the Max Brewer Bridge; and while some people may think this is only a North Brevard issue, the failure to get State and federal funding would have a tremendous impact on the County's funding for all of its road projects; and he would like to thank the Governor, Speaker of the House Tom Feeney, Representative Bob Allen, and KSC Director Roy Bridges. He stated there has also been an ongoing argument about Rails to Trails; there is $1.4 million to acquire rails to trails; he has been helped by the East Central Florida Regional Planning Council, Volusia County Commissioners, and a number of other people; and requested Board permission to send letters of thanks to the appropriate people.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Chairman to send letters of appreciation to appropriate parties thanking them for their efforts towards the Max Brewer Bridge appropriation and the Rails to Trails Program. Motion carried and ordered unanimously.

ITEM PULLED FROM CONSENT AGENDA FOR DISCUSSION

Chairman Scarborough requested item III.F.3, Revision of Board Policy BCC-36, Re: Legal Services With Outside Counsel, be pulled from the Consent Agenda for discussion.

RESOLUTION, RE: COMMENDING JERALD C. LOWE

Commissioner Colon read aloud a resolution commending Jerald C. Lowe for his service to the citizens of the County, and wishing him well in his retirement.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt a Resolution commending Jerald C. Lowe. Motion carried and ordered unanimously.

Commissioner Colon presented the Resolution to Mr. Lowe. Chairman Scarborough stated Mr. Lowe is welcome to share his wisdom with the Board and the County; with Mr. Lowe responding he would recommend keep looking above and thanking the country.

RESOLUTION, RE: RECOGNIZING BETSY FARMER

Commissioner Colon read aloud a resolution commending Betsy Farmer for her accomplishments and service to the County.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution commending Betsy Farmer, Founder of the Space Coast Early Intervention Center, for her accomplishments and service to the County. Motion carried and ordered unanimously.

Commissioner Colon presented the Resolution to Ms. Farmer. Ms. Farmer thanked the Board; and stated it has been her honor and privilege to serve the community. She stated she has lots of plans for the future working with the National Resource Center building handicapped accessible playgrounds, working with other non-profit organizations, and working with Luke and the other children in the community to do a better joy of having employment opportunities for older children with special needs. She expressed appreciation to the Board for its support.

RESOLUTION, RE: PROCLAIMING RECREATION AND PARKS MONTH

Commissioner Carlson read aloud a resolution proclaiming the month of July 2002 as Recreation and Parks Month.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution proclaiming the month of July 2002 as Recreation and Parks Month. Motion carried and ordered unanimously.

Parks and Recreation Director Charles Nelson introduced Brian Hurley, Chairman of the South Area Advisory Board. Mr. Hurley expressed appreciation to the Board for the Resolution and support of parks and recreation. Chairman Scarborough expressed appreciation to the volunteers around the County. Commissioner Carlson presented the Resolution to Mr. Hurley and Mr. Nelson.

Mr. Hurley presented each Commissioner with a Parks and Recreation "Benefits are Endless" plaque.

PRESENTATION, RE: GOVERNMENT FINANCE OFFICERS ASSOCIATION'S
DISTINGUISHED BUDGET PRESENTATION AWARD TO BREVARD COUNTY AND
BUDGET OFFICE

County Manager Tom Jenkins stated this is an opportunity to recognize the Brevard County Budget Office with the presentation of the Government Finance Officers Association's Distinguished Budget Presentation Award; the Government Finance Officers Association is a non-profit professional organization of government finance professionals throughout North America; the GFOA Distinguished Budget Presentation Award Program is the only national award program in government budgeting; and in order to receive the award, the County has to satisfy nationally recognized guidelines for effective budget presentation. He stated the guidelines are designed to assess how well an entity's budget serves as a policy document, as a financial plan, as an operating guide, and as a communications device; and the GFOA states that the award recipients have pioneered efforts to improve the quality of government budgeting and provide an excellent example for other governments throughout North America. He recognized Budget Director Dennis Rogero, Neil Boynton, Sharon Brown, Juanita Davis, Jim Ernst, Anita Mays, Elizabeth Swanke, Pam Wallace, and Assistant County Manager Stockton Whitten.

Commissioner Carlson presented the award to Mr. Rogero. Mr. Rogero thanked his staff; and stated the award is the direct effect of their efforts. He thanked the other departments, the Assistant County Managers, the County Manager, and Assistant County Manager Stockton Whitten for their assistance and cooperation.

APPROVAL, RE: PERMISSION TO INCLUDE AMENDMENT TO CAPITAL IMPROVEMENTS
ELEMENT IN 2002-A ADOPTION PACKAGE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve adding Amendment (Policy 6.5) to the Capital Improvements Element of the 2002A adoption package to allow multi-use developments of regional impact to satisfy transportation concurrency requirements by making a proportional share contribution towards improvements to regional significant transportation facilities. Motion carried and ordered unanimously.

VERIFICATION OF INTERPRETATION, RE: PUD 25-FOOT PERIMETER SETBACK

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to endorse the current interpretation of the Planned Unit Development 25-foot perimeter setback requirement in Section 62-1446(d)(4), which states, "A minimum 25-foot setback shall be maintained between the wall of any structure and the property line along the perimeter of the PUD unless waived by the Board of County Commissioners at the time the preliminary development plan is approved." Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA, TRACT NN

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

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: VIERA, TRACT L,
PHASE 2, UNITS 6 AND 7

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant final engineering and preliminary plat approval for Viera, Tract L, Phase 2, Units 6 and 7, subject to minor engineering changes as applicable, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE; RELEASING CONTRACT FOR IMPROVEMENTS TO OSPREY AVENUE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution releasing Contract dated August 28, 2001 for improvements to Osprey Avenue. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH BONNIE RINCK, RE: CRISTA JEAN, EXTENSION A

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Bonnie Rinck for a building permit off Crista Jean, Extension A, which has been constructed to the standards of the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

APPROVAL OF FLAG STEM AND EASEMENT LOT CREATION, RE: CYPRESS CREEK
SUBDIVISION, PHASE III

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve waiver allowing two additional easements over each 50-foot wide flag stem to create two flag stem lots and four easement lots for a total of six lots on a 120+ acre parcel locate west of U.S. 1 in Grant; and the applicant filing a covenant in the Public Records, prior to the sale of any lots, that restricts any subdividing of the six parcels until such time that a road accessing the parcels is constructed to County roadway standards. Motion carried and ordered unanimously.

PERMISSION TO FILE INJUNCTION, RE: BREVARD COUNTY V. TONY R. AND
CHERYL M. CURTIS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to the County Attorney to file an injunction on behalf of Code Enforcement against Tony R. and Cheryl M. Curtis for a continuing and recurring violation of Brevard County Code Section 62-2117(c)(1). Motion carried and ordered unanimously.

REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE:
1727 BLANCHE AVENUE, MELBOURNE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve reduction of the accrued fine for Case #98-1325 from $5,614 to $217.00; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment. Motion carried and ordered unanimously.

REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE:
9 OHIO STREET, COCOA

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve reduction of the accrued fine for Case #90-5783 from $2,346 to zero dollars and Case #93-3150 from $15,000 to the enforcement costs of $329.00; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH WACHOVIA BANK, N.A.,
RE: CROTON ROAD IMPROVEMENT PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Contract for Sale and Purchase and Addendum with Wachovia Bank, N.A. in conjunction with the proposed Croton Road improvements between Renee Place North to Matte Drive, North of Lake Washington Road located in Sections 17 and 18, Township 27S., Range 37E. Motion carried and ordered unanimously.

APPROVAL OF RECOMMENDATIONS AND BUDGET CHANGE REQUESTS, RE:
MERRITT ISLAND AND NORTH BEACHES BENEFIT DISTRICT TRANSPORTATION
IMPACT FEE TECHNICAL ADVISORY COMMITTEE PROJECT FUNDING

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the recommendation of the Merritt Island and North Beaches Benefit District Transportation Impact Fee Technical Advisory Committee regarding the South Courtenay Parkway Widening project; and execute Budget Change Requests for the project. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FINAL PUBLIC HEARING, RE: RESOLUTION ACCEPTING
IMPROVEMENTS AND ADOPTING FINAL ASSESSMENT ROLL FOR TREASURE LANE
ROAD PAVING MSBU

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to be held on August 13, 2002 to consider a resolution accepting improvements and adopting final assessment roll for Treasure Lane Road Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously.

APPROVE SELECTION COMMITTEE RECOMMENDATIONS, APPOINT NEGOTIATING
COMMITTEE, AND AUTHORIZE COUNTY MANAGER OR DESIGNEE TO EXECUTE
RENEWAL OPTIONS, RE: CONTINUING CONSULTANT SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the Selection Committee's recommendations regarding the Continuing Consultant Contracts; appoint a Negotiation Committee of County Manager Tom Jenkins, County Attorney Scot Knox, and
Transportation Engineering Director John Denninghoff or their designees; authorize the Chairman to sign the associated Contracts; and authorize the County Manager or his designee to execute renewal options as outlined in the Agreements. Motion carried and ordered unanimously.

APPROVAL, RE: ANNUAL CERTIFICATION OF LOCAL OPTION GAS TAX FORMULA

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the Annual Certification of Local Option Gas Tax Formula; and direct County Finance to submit the revenue percentage allocations to the Department of Revenue. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH SHELDON COVE LTD., RE: OFFICE SPACE RENEWAL FOR
TOURISM DEVELOPMENT OFFICE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Lease Agreement with Sheldon Cove Ltd. for renewal of office space for the Tourism Development office in the amount of $28,900.50 for one year with a one-year optional renewal; and authorize the County Manager to execute the one-year optional renewal. Motion carried and ordered unanimously.

AGREEMENT WITH THE CENTER FOR DRUG FREE LIVING, RE: SUBSTANCE ABUSE
AND MENTAL HEALTH SERVICES TO PREGNANT AND POSTPARTUM WOMEN AND
CHILDREN

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement with the Center for Drug Free Living, Inc., to provide substance abuse and mental health services to pregnant and postpartum women and children, retroactive from May 2, 2002 to April 30, 2003, in the amount of $484,804; and authorize the Chairman to execute two subsequent annual renewals, contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

APPROVAL, RE: COMMUNITY DEVELOPMENT BLOCK GRANT AMENDED ACTION
PLAN

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the allocation of $10,000 in CDBG funds, as recommended by the CDBG Advisory Board, to fund the Brevard County Parks and Recreation summer camp scholarship program. Motion carried and ordered unanimously.

DELAY DISCUSSION, RE: MERRITT ISLAND LIBRARY TAX DISTRICT STRAW BALLOT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to delay discussion of Merritt Island Library Tax District straw ballot to August 13, 2002 to allow the Library Services Director to be present for the discussion.

AGREEMENT WITH SPACE COAST EARLY INTERVENTION CENTER, INC., RE: USE OF
THERAPEUTIC PLAYGROUND FOR PRE-SCHOOL CHILDREN

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement with Space Coast Early Intervention Center, Inc. for use of therapeutic playground for pre-school children. Motion carried and ordered unanimously.

ASSIGNMENT OF OPTION AGREEMENT FOR SALE AND PURCHASE WITH THE NATURE
CONSERVANCY, RE: SCHOPKE/BARGE PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Assignment of Option Agreement for Sale and Purchase with The Nature Conservancy for the Schopke/Barge property. Motion carried and ordered unanimously.

APPROVAL, RE: NAMING BUILDING AT WUESTHOFF PARK IN TITUSVILLE THE HOMER
POWELL NATURE CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve naming the building at Wuestoff Park in Titusville the Homer Powell Nature Center. Motion carried and ordered unanimously.

PERMISSION TO AWARD BID AND EXECUTE CONTRACT, RE: FINGER PIER
INSTALLATION AT TITUSVILLE VETERANS' MEMORIAL PIER

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to award bid to the most responsive bidder for finger pier installation at Titusville Veterans' Memorial Pier; and authorize the Chairman to execute Contract for the project. Motion carried and ordered unanimously.

PERMISSION TO TRANSFER FUNDS, RE: EEL LAND ACQUISITION ACCOUNT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize transfer of $1,350,000 in funds originally designated for development of the Cruickshank and Malabar Scrub Sanctuaries' Master Site Plans to the EEL Land Acquisition Account. Motion carried and ordered unanimously.

PERMISSION TO TRANSFER REFERENDUM FUNDING, RE: VIERA REGIONAL PARK

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve transfer of $175,000 from the Viera Regional Park Referendum Project to install field lighting and construct a restroom/concession building at Suntree Elementary School. Motion carried and ordered unanimously.

AGREEMENTS WITH ATTORNEYS KEVIN MAWN, KELLY SWARTZ, TIMOTHY BRADLEY,
STEPHEN MAYS, PEARL CROSBY SMITH, THOMAS THOMPSON A, AND SHARI
WILSON, RE: LEGAL REPRESENTATION OF INDIGENT PERSONS IN DEPENDENCY
PROCEEDINGS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreements with Kevin Mawn, Kelly Swartz, Timothy Bradley, Stephen Mays, Pearl Crosby Smith, Thomas Thompson, and Shari Wilson for legal representation of indigent persons in dependency proceedings. Motion carried and ordered unanimously.

AGREEMENT WITH CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., RE: USE
OF SPACE FOR PARAMEDICS, EMTS AND AMBULANCE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement with Cape Canaveral Volunteer Fire Department, Inc. for use of space at the City's Fire Station for paramedics, EMTs, and an ambulance; and authorize the County Manager or his designee to execute renewal options as outlined in the Agreement. Motion carried and ordered unanimously.

AGREEMENT WITH TOWN OF MALABAR, RE: DISPATCH SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement with Town of Malabar for dispatch services at approximately $1,400 a year; and authorize the County Manager or his designee to execute renewal options as outlined in the Agreement. Motion carried and ordered unanimously.

APPROVAL OF RENEWAL, RE: CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY FOR ALS AND BLS SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Certificates of Public Convenience and Necessity with Brevard County Public Safety (ALS and BLS), Cape Canaveral Volunteer Fire Department (ALS), Coastal Health Systems of Brevard, Inc. (ALS and BLS), Kennedy Space Center (ALS and BLS), City of Palm Bay (ALS), Health First-Holmes Regional Medical Center-First Flight (ALS), City of Titusville (ALS), City of Cocoa Beach (ALS), City of Melbourne (ALS), City of Satellite Beach (ALS), City of Indialantic (ALS), and City of Rockledge (ALS). Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSAL, APPOINT SELECTION AND
NEGOTIATION COMMITTEES, AND EXECUTE CONTACT, RE: FIRE RESCUE TANKER
TRUCKS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to advertise a Request for Proposals for Fire Rescue Tanker Trucks; appoint a Selection/Negotiation Committee comprised of Public Safety Director Jack Parker, Fire/Rescue Chief Bill Farmer, Assistant Fire/Rescue Chief Tim Mills, District Chief Bob Thirkelson, and Fire/Rescue Fleet Manager Don Boykin or their designees; authorize awarding a two-year purchasing contract; and authorize the Chairman to execute contract for purchase of new Fire Rescue Tanker Trucks. Motion carried and ordered unanimously.

APPROVAL, RE: UPGRADE PART-TIME STAFF ASSISTANT I POSITION TO FULL-TIME
FOR MEDICAL EXAMINER'S OFFICE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve upgrading a part-time Staff Assistant I position to full-time, effective July 20, 2002, for the Medical Examiner's Office, with funding of the additional $2,010 cost this year to come from current budget allocation. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATIONS, USE OF TOLL REVENUE CREDITS, AND
EXECUTE FOLLOW-UP GRANT AGREEMENT, RE: FY 2003 SCAT CAPITAL AND
OPERATING ASSISTANCE GRANTS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution; execute Grant Application; authorize use of FDOT Toll Revenue Credit for the FY 2003 Urbanized Area Formula Program Public Transportation Capital and Operating Assistance Grant from the Federal Transit Administration in the amount of $3,178,203 for SCAT; authorize staff to submit the Grant Application electronically; and authorize the Chairman to execute the standard follow-up Grant Agreement contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATION, STANDARD ASSURANCE FORM, AND EXECUTE
FOLLOW-UP GRANT AGREEMENT, RE: FY 2002/200-3 TRANSPORTATION
DISADVANTAGED PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution; execute Grant Application and Standard Assurance Form with the Florida Commission for the Transportation Disadvantaged in order to receive $960,415 in Transportation Disadvantaged Trust Funds, and $2,290 for Brevard County's share of the volunteer dollars from license plate sales to fund the Brevard Transportation Disadvantaged Program; and authorize the Chairman to execute standard follow-up Grant Agreement, contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

APPROVAL, RE: MOSQUITO CONTROL TENTATIVE DETAILED WORK PLAN BUDGET
FOR FY 2002-2003

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute State of Florida, Department of Agriculture and Consumer Services, Mosquito Control Department's Tentative Detailed Work Plan Budget for FY 2002-2003. Motion carried and ordered unanimously.

ACCEPT CONSERVATION EASEMENT FROM BREVARD ALZHEIMER'S FOUNDATION,
RE: WEINBURG CENTER SCRUB AREA

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to accept a scrub jay conservation easement on portions of a parcel known as the Weinburg Center, an Alzheimer's Foundation Clinic. Motion carried and ordered unanimously.

LETTER OF SUPPORT, RE: MARINE TURTLE LIGHTING ORDINANCE COMPLIANCE
SURVEYS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute a letter of support for a proposal submitted to the National Oceanic and Atmospheric Administration to survey beaches at night to identify and document non-compliant lights for enforcement. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING FEDERAL FUNDING FOR BEACH RESTORATION AND
MAINTENANCE PROJECTS IN FY 2003

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution requesting federal funding for beach restoration and maintenance projects in FY 2003. Motion carried and ordered unanimously.

AGREEMENT WITH HARBOR DEL RIO, L.L.C., RE: RELOCATION OF WASTEWATER
LIFT STATION

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement with Harbor De Rio, L.L.C. for the relocation of a wastewater lift station; and grant permission to advertise a public hearing to consider exchange of parcels as required by Chapter 125.37, Florida Statutes. Motion carried and ordered unanimously.

PERMISSION TO INCREASE PURCHASE ORDER, RE: WATER TREATMENT CHEMICALS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize increase of Purchase Order No. 4500013593 to a total of $45,000 for water treatment chemicals. Motion carried and ordered unanimously.

PERMISSION TO PUBLISH PUBLIC NOTICE, RE: PROPERTY EXCHANGE FOR PUMP
STATION SITE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to publish a public notice for the exchange of property in Grand Isle Subdivision for a pump station. Motion carried and ordered unanimously.

APPROVE LEGISLATIVE INTENT, RE: ORDINANCE ESTABLISHING CAPITAL
RECOVERY CHARGES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve legislative intent to use capital recovery charge ordinances as financial mechanisms for water and wastewater infrastructure extension projects; and authorize staff to develop and advertise capital recovery ordinances for portions of Palm Shores and Merritt Island. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF
ELECTIONS, RE: DISBURSEMENT OF FUNDS FOR VOTING SYSTEMS ASSISTANCE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Memorandum of Agreement with Florida Department of State, Division of Elections for disbursement of funds in the amount of $331,875 for voting systems assistance. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
ARTICLE II, SECTION 102-66, OCCUPATIONAL LICENSE FEE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance amending Article II, Section 102-66 to increase the $33.60 occupational license tax rate by 5% to $35.25. Motion carried and ordered unanimously.

RESOLUTION, UTILITY EASEMENT, AND BILL OF SALE WITH FLORIDA POWER & LIGHT
COMPANY, AND WATERLINE EASEMENT WITH CITY OF COCOA, RE: WATER AND
ELECTRIC SERVICE AT NEW SUNTREE/VIERA PUBLIC LIBRARY

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution and execute Waterline Easement and Bill of Sale with City of Cocoa; and adopt Resolution and execute Utility Easement and Bill of Sale with Florida Power & Light Company for water and electric service at the new Suntree/Viera public Library. Motion carried and ordered unanimously.

APPROVAL OF AMENDMENT TO PURCHASE ORDER WITH BRADCO SUPPLY
CORPORATION, RE: ROOFING SUPPLIES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Amendment to Purchase Order for an additional $5,000 with Bradco Supply Corporation for roofing supplies. Motion carried and ordered unanimously.

PURCHASE AGREEMENT WITH MSLI, GP, RE: LICENSING OF MICROSOFT SOFTWARE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Purchase Agreement with MSLI, GP for licensing of Microsoft software. Motion carried and ordered unanimously.

APPROVE LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE PUBLIC HEARING,
RE: ORDINANCE AMENDING SECTION 202-267, SPACEPORT COMMERCE PARK
AUTHORITY

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to accept legislative intent, and grant permission to advertise public hearing for an ordinance amending Section 202-267, Spaceport Commerce Park Authority, relating to District I at-large appointee prohibited from serving if serving on certain other public bodies. Motion carried and ordered unanimously.

SETTLEMENT AGREEMENT AND POLICY RELEASE WITH THE PROTECTIVE NATIONAL
INSURANCE COMPANY OF OMAHA, RE: EXCESS WORKERS COMPENSATION
INSURANCE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Settlement Agreement and Policy Release with The Protective National Insurance Company of Omaha in the amount of $375,000 for excess Workers Compensation Insurance. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA TECH, RE: WORK STUDY PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement with Florida Tech for a work study program that allows Brevard County to hire Florida Tech students at a reduced pay rate. Motion carried and ordered unanimously.

AMENDMENT WITH BREVARD PROFESSIONAL NETWORK, INC., RE: MANAGEMENT OF
EPO AND PPO NETWORKS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Amendment with Brevard Professional Network, Inc. for services related to management of the EPO and PPO networks offered as part of the Brevard County Self Insured Group Health Plan. Motion carried and ordered unanimously.

APPROVAL, RE: NEGOTIATED WORKERS' COMPENSATION SETTLEMENT WITH
WALTER PARKER

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the negotiated Workers' Compensation settlement with Walter D. Parker, Jr. in the amount of $30,000, inclusive of attorney's fees and costs. Motion carried and ordered unanimously.

APPROVAL, RE: NEGOTIATED WORKERS' COMPENSATION SETTLEMENT WITH
JESSIE FLEMING

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the negotiated Worker's Compensation settlement with Jessie Fleming for $45,000, inclusive of attorney's fees and costs. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING SHEILA HUTCHESON

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution recognizing Sheila Hutcheson for her years of service to the North Brevard Public Library Advisory Board. Motion carried and ordered unanimously.

CONTRACT WITH STATE OF FLORIDA, DEPARTMENT OF REVENUE, RE: CHILD
SUPPORT ENFORCEMENT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Contract with State of Florida, Department of Revenue in the amount of $40,785 for child support enforcement dated July 1, 2002 through June 30, 2003. Motion carried and ordered unanimously.

REVISION OF BOARD POLICY BCC-37, RE: ADVISORY BODIES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant approval of Revised Policy BCC-67 for Advisory Boards. Motion carried and ordered unanimously.

APPROVAL, RE: TRANSFER OF FORFEITURE FUNDS TO UNIVERSITY BOXING CLUB
FOR SHERIFF'S OFFICE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve transfer of forfeiture funds in the amount of $5,000 to University Boxing Club to provide alternative and leisure activities to youths as an alternative to street activity in high risk neighborhoods. Motion carried and ordered unanimously.

APPROVAL, RE: TRANSFER OF FORFEITURE FUNDS TO BREVARD COUNTY TRIAD
FOR SHERIFF'S OFFICE

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the transfer of forfeiture funds in the amount of $5,000 to Brevard County TRIAD for hosting the 2002 National Association of TRIAD, Incorporated, comprised of 500 law enforcement, seniors, and various community service advocacy groups. Motion carried and ordered unanimously.

PERMISSION TO HIRE VEZINA, LAWRENCE & PISCITELLI, P.A., RE: PROTECT
COUNTY'S LEGAL INTERESTS AGAINST DOOLEY AND MACK CONSTRUCTORS, INC.
AND TRAVELERS SURETY

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to hire Vezina, Lawrence & Piscitelli, P.A. to protect the County's legal interests against Dooley and Mack Constructors, Inc. and Travelers Surety. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AND SCHEDULE EXECUTIVE SESSION, RE: BREVARD
COUNTY V. PINTER

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to advertise and schedule an executive session for July 23, 2002 at 11:30 a.m. or as soon thereafter as possible to discuss strategy related to litigation regarding Brevard County v. Pinter. Motion carried and ordered unanimously.

APPOINTMENT, RE: BREVARD WORKFORCE DEVELOPMENT BOARD

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to appoint Julie Dunn Hammer to the Brevard Workforce Development Board, with term expiring June 30, 2004. Motion carried and ordered unanimously. Commissioner Higgs abstained.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to appoint Mary S. Bonhomme to the Brevard County Commission on the Status of Women, with term expiring December 31, 2002; and reappoint Brian Lally to the Titusville-Cocoa Airport Authority, with term expiring July 8, 2005. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the Bills and Budget Changes, as submitted, and Comprehensive Annual Financial Report for Sebastian Inlet Taxing District for Fiscal Year Ending September 30, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIVER ROAD RIGHT-OF-WAY AND
UNNAMED RIGHT-OF-WAY IN BURCHFIET'S SUBDIVISION - ATTORNEY PHILLIP F.
NOHRR

Chairman Scarborough called for the public hearing to consider a resolution vacating River Road Right-of-way and Unnamed Right-of-way in Burchfiet's Subdivision as petitioned by Attorney Phillip F. Nohrr.

Attorney Phillip Nohrr stated he is here on a continuation of a matter that was before the Board in May 2002; and pointed out the property in question on a map. He stated the property lies directly north of the Hacienda del Sol Subdivision; it is unimproved vacant property that abuts the Indian River; and there is access through a private easement off Stewart Drive, which also serves a parcel to the north. He stated the request is to vacate a possible road right-of-way that was put on a plat in 1891; the plat shows a river road meandering along Government Lots 2 and 3; that plat has no dedication to the public as far as the road goes and no acceptance by the County Commission; it does not appear on any of the County maps; and the Property Appraiser's records do not show the road as existing. He stated he also checked with Land Acquisition; and staff does not show this road as existing. He stated the Property Appraiser's Office, in doing its research, went through their maps and then went back to some 1940 maps by the WPA; and the road does not exist. He stated there is no indication the County has ever maintained the road; and even if the County wanted to maintain the road, there is no ability to do so as there is no access by land, and the only access would be from the river. He stated a prior Board vacated the road to the extent it existed when Hacienda del Sol was replatted; to the south are a number of private homes with docks; and there has been no assertion of any rights by the County to whatever may be on the shoreline. He stated the only one on the plat who may possibly have lost any rights would be his client; and that is a small sliver of road that is not dedicated, accepted, or maintained and does not appear on any plats or maps in the County's records, and which his client has been taxed for as if it does not exist. He stated they are asking the Board to treat them as it treated all the other property owners within Government Lots 2 and 3, which is as if the road does not exist. He stated if the Board takes the position that it is a road that has been accepted, which it does not want to vacate, then it must deal with the subject of how wide is the road. He stated there are no dimensions given on the 1891 plat; so no one knows the width. He stated the staff report recommends approval; it complies with the County guidelines in that the vacating of the road is in the public interest; they have always paid taxes on the property; and the fair and reasonable thing to do would be to vacate it to the extent it exists. He noted if it does not exist, the County has not given anything up; and if it does exist, all the Board is doing is treating his client in the same fashion it has treated all the other property owners.

Commissioner Higgs stated there are a number of unused rights-of-way across the County; this does show a right-of-way on the map; she does not see a compelling reason to vacate it; and recommended denial of the request.

Commissioner O'Brien stated the maps for the past 50 years have not shown this to be a right-of-way of any kind; and his motion would be to either vacate or declare the road never existed.

Chairman Scarborough inquired if the motion would be in the alternative or would there be two motions; with Commissioner O'Brien responding there would be two motions, but the alternative would be the road did not exist. County Attorney Scott Knox advised the appropriate action, if there is a road, would be to vacate it; so the to the extent there is any indication there has been a road there, the better motion would be to vacate.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution vacating River Road Right-of-way and Unnamed Right-of-way in Burchfiet's Subdivision as petitioned by Attorney Phillip F. Nohrr.

Commissioner Higgs stated the Board needs to acknowledge that this is a valuable piece of right-of-way owned by the citizens of the County; the Board is vacating it with no compensation; and the public is losing a potentially valuable piece of property. Commissioner Carlson stated there is no proof the County ever owned it; and that is part of the problem.

Chairman Scarborough stated the motion is stated in the affirmative, so if there is ownership, the County is vacating what it has. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

PUBLIC HEARING, RE: ACKNOWLEDGE LETTER OF WITHDRAWAL FOR PETITION TO
VACATE DIKES ROAD RIGHT-OF-WAY IN SECTIONS 2 AND 3, TOWNSHIP 28S.,
RANGE 36E. - MAURICE J. BOUDREAU

Chairman Scarborough called for the public hearing to consider acknowledging a letter of withdrawal for petition to vacate Dikes Road Right-of-way in Sections 2 and 3, Township 28S., Range 36E as petitioned by Maurice J. Boudreau.

Road and Bridge Director Billy Osborne advised the applicant is requesting the Board acknowledge his letter to withdraw the request to vacate indefinitely.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to acknowledge the withdrawal of request by Maurice J. Boudreau to vacate Dikes Road right-of-way in Sections 2 and 3, Township 28S, Range 36E. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION, EXCHANGE AGREEMENT, AND COUNTY DEED
WITH A. DUDA & SONS, INC. FOR EXCHANGE OF PROPERTY FOR TAX
COLLECTOR'S OFFICE NEAR VIERA GOVERNMENT CENTER COMPLEX

Chairman Scarborough called for the public hearing to consider a resolution, exchange agreement and County deed with A. Duda & Sons, Inc. for exchange of property for Tax Collector's Office near Viera Government Center Complex.

County Manager Tom Jenkins stated The Viera Company is requesting to have the same architectural controls on the land that is being traded as they do on the land currently owned; and the value needs to be corrected to $250,000, not $100,000.

Commissioner Carlson inquired if A. Duda and Sons is aware of this; with Mr. Jenkins responding yes, they proposed it.

Commissioner O'Brien inquired if this is at the other end of the parking lot. Mr. Jenkins stated the County is trading a piece at the far end, east and south of where the model airplanes fly, for a piece next to the parking lot. He stated there was an out-parcel next to the parking lot to the east that was originally done for a day-care center, but that has not come to fruition; and because the County is in the process of building a facility for the Tax Collector, they concluded it would be in the public's best interest to keep the building as close as possible to the Government Center Complex; and that is the reason for the swap. Commissioner O'Brien inquired if there is any possibility of adding onto the Government Center; with Mr. Jenkins responding it is more cost effective and easier to add another building. Mr. Jenkins stated the Tax Collector is looking for something like a retail outlet, where it is possible to pull in and pull out easily; and it will be more of a store-front type facility. Commissioner O'Brien inquired if the land the Board is looking at is to the left of the retention pond; with Mr. Jenkins responding yes.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution, execute Exchange Agreement, with corrections, and County Deed with A. Duda & Sons, Inc. for exchange of property for Tax Collector's Office near Viera Government Center Complex; and authorize the Chairman to execute any additional documents necessary to transfer the property.

Commissioner Higgs inquired if the values are the appraiser's values; with Mr. Jenkins responding they are estimates. Mr. Jenkins stated the property has not been appraised because it is almost an equal transfer, so they did not incur the expense of an appraisal; and all the land was donated in the first place. Commissioner Higgs inquired who estimated it; with Mr. Jenkins responding his office and The Viera Company.

Chairman Scarborough stated there is a 3.65-acre parcel and a 4.55-acre parcel; and inquired the exchange goes in what direction. Mr. Jenkins responded the County is getting the smaller piece for the larger piece; and the reason they are suggesting it is because of the location of the parcel.

Chairman Scarborough passed the gavel to Vice Chairman Colon.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing to consider a resolution, exchange agreement and County deed with A. Duda & Sons, Inc. for exchange of property for Tax Collector's Office near Viera Government Center Complex for 60 days (September 17, 2002).

Chairman Scarborough stated he would like to get more information. Commissioner Higgs stated she would like to get appraisals.

Vice Chairman Colon called for a vote on the motion to continue the public hearing. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND ORDINANCE REVISING CHAPTER 46,
ARTICLE II, ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM AND WATER
WELL PERMITTING

Chairman Scarborough called for the public hearing to consider resolution and ordinance revising Chapter 46, Article II, Onsite Sewage Treatment and Disposal System and Water Well Permitting.

Commissioner O'Brien inquired if the County is going to start permitting wells and charging $50; with Environmental Manager Cheryl Dunn responding it depends on the type of well. Ms. Dunn advised the fee resolution defines different fees for different levels; public supply wells are $250; commercial wells that do not fall under DEP regulation are $150; private drinking wells are $100; and irrigation wells are $50. Commissioner O'Brien inquired what will be done with that money; with Ms. Dunn responding monitoring the program and doing field inspections, including sampling and confirmation of grouting. Commissioner O'Brien stated people would have to pay for staff to look at an irrigation well drilled in someone's yard; and he does not like government charging people for a service. Ms. Dunn advised there are different setback requirements from property lines and treated buildings; and staff will be looking to insure those setback requirements are being met and wells are being properly dug so they do not lead to contamination of the groundwater aquifer. She stated they are not just permitting for the sake of permitting; and they are out to protect the public and drinking water supply. Commissioner O'Brien inquired what drinking water supply is there at this time in the County; with Ms. Dunn responding the surficial aquifer and the Floridian aquifer. Commissioner O'Brien inquired if those are used now; with Ms. Dunn responding there are subdivisions throughout the County that rely on those aquifers for their drinking water supply, whether it be a public supply or a private well. Commissioner O'Brien inquired if there are houses in North Merritt Island that are on private well for fresh water; with Ms. Dunn responding yes there are. Commissioner O'Brien inquired how many wells per year is Ms. Dunn talking about; with Ms. Dunn responding the St. Johns River Water Management District said last year it received 5,000 completion reports; and she is estimating 1,500 to 2,000 will be for potable supply wells. Commissioner O'Brien inquired what would the rest be for; with Ms. Dunn responding irrigation and other purposes. Commissioner O'Brien inquired if they are for lawns or farms; with Ms. Dunn responding there are some that are associated with farms and agricultural uses, and there are all sorts of uses. Commissioner O'Brien stated he cannot support putting a fee on irrigation wells for private homes; and by putting in an irrigation well people are conserving drinking water that comes from Cocoa. Ms. Dunn advised there are people who are punching irrigation wells into drainfields; and they monitor irrigation wells to insure they meet the property setback requirements.

Chairman Scarborough requested Ms. Dunn explain the problem if it was put into a drainfield. Ms. Dunn advised if a well is put into a drainfield, the contamination from the drainfield could go into the aquifer; and it could be contaminating at a surface level from being too close to or into the drainfield. Chairman Scarborough noted Ms. Dunn is talking about a septic tank drainfield and the problems that could be created. Ms. Dunn advised the water goes into stormwater facilities which also goes into surface water areas.

Commissioner Colon inquired if this is just for the unincorporated areas of the County; with Ms. Dunn advising it is Countywide. Commissioner Colon inquired how has the response been from the municipalities; with Ms. Dunn responding it has been positive. Commissioner Colon inquired if staff heard from all municipalities; with Ms. Dunn responding all municipalities have been notified; most came to a workshop in December 2001; and she has not heard any negative feedback from the municipalities.

Commissioner O'Brien inquired if Ms. Dunn expects 5,000 wells a year; with Ms. Dunn responding those were the estimates given by the St. Johns River Water Management District as to the number of completion reports submitted over a one-year period. Commissioner O'Brien inquired if the average cost is $100 a permit; with Ms. Dunn responding she estimated 1,500 to 2,000 drinking water wells, which are the ones at $100. Commissioner O'Brien stated that would be close to a half million dollars in collections per year. Ms. Dunn advised it will be necessary to hire more people to administer the program. Commissioner O'Brien stated before he could approve this, he would like to see some numbers to tell him what it is really going to cost for the program. Ms. Dunn advised the fees are less than what the St. Johns River Water Management District would be charging if it was administering the program; and the fees are consistent with what local adjacent counties are charging. Commissioner O'Brien stated he is aware that a lot of counties have extremely high rates for permits to collect revenue; that is not the objective of the County; and he is not saying Ms. Dunn is right or wrong, but is saying the St. Johns River Water Management District already taxes people once, and then charges again to do the work they taxed for under the old regulations. He stated the County should not be making money on this as it is not a business. Ms. Dunn stated they are not in the business of making money, but in trying to provide a service for a fee. Commissioner O'Brien stated he just wants justification of the fees.

Chairman Scarborough stated Commissioner O'Brien and Ms. Dunn have both made points; and inquired if Mr. Schmidt wishes to comment.

Dirk Schmidt, representing the St. Johns River Water Management District, stated he lives in Brevard County; he has a well for drinking water; he also lives next to a horse farm that is higher than his property; and he is glad that his well is properly constructed and sealed. He stated if his neighbor put in an irrigation well improperly, there could be potential contamination; and he does not have an alternate source of water outside bottled water. He stated he looked at some of the numbers concerning completion reports; the St. Johns River Water Management District got anywhere from 2,000 to 3,000 a year until 2000; and some of the numbers are anywhere from 2,500 to 4,000, with some of those being monitor wells. He noted the completion reports include abandonments; so the real number would be closer to 2,000 to 3,000 wells a year. He stated they are in support of where the program is going; and typically they do not have as many people to deal with the issues of potential contamination that the Health Department is dealing with.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt an Ordinance of Brevard County, Florida creating and amending comprehensive regulations for onsite sewage treatment and disposal systems and drinking water wells within incorporated and unincorporated areas; amending title of Chapter 46, Article II; amending Section 46-36 definitions; amending Section 46-39 declaration of intent to include flood protection for water wells and onsite sewage treatment and disposal systems and permitting of water wells less than six inches in diameter; amending Section 46-39 incorporation of applicable Florida Statutes and Florida Administrative Code Sections with regulations for water wells; creating Section 46-39.5 onsite sewage treatment and disposal system flood plain management to increase levels of protection for groundwater, surface water and the environment from harmful contamination from onsite sewage treatment and disposal systems for properties lying below the 100-year base flood elevation; amending Section 46-61 requiring permitting for wells less than six inches in diameter; amending Section 46-62 soil profile test; amending Section 46-63 conditions for issuance limiting permit to twenty-one month period; amending Section 46-64 connection to public sewer required; amending Section 46-65 additional criteria for permits in limited capacity sewer service areas; amending Section 46-67 fees; amending Section 46-68 suspension or revocation; amending Section 46-69 variance board increasing the number of members and practice for member appointment, and conditions for administrative approval; and creating Section 46-70 well construction requirements providing increased protection for potable water wells below the 100-year base flood elevation and water well requirements for the issuance of a certificate of occupancy; providing for resolution of conflicting provisions; providing for severability; designating area encompassed; and providing for an effective date.

Commissioner O'Brien stated he cannot support this without supporting documentation as to why the fees are what they are, and that they support the program and nothing more.

Chairman Scarborough inquired if the County fees will be less than the fees of the St. Johns River Water Management District; with Ms. Dunn responding affirmatively. Chairman Scarborough inquired how much others are paying; with Ms. Dunn responding $120 per permit. Chairman Scarborough stated the County is one of the last in the State to be moving in this direction; with Ms. Dunn advising it is one of the last in the St. Johns River Water Management District.

Commissioner Higgs stated the estimated number of permits and fees that are being charged are reasonable in terms of what it will cost to operate the program; and at the end of the year the Board should look at actual costs and the amount of fees. She recommended a report come back to the Board so it can insure that the charges are right. She stated the County is long overdue in attempting to regulate and protect the public's health and safety concerning drinking water wells; the fees are reasonable; and there should be an audit at the end of the year. She stated she supports moving forward today.

Chairman Scarborough stated water is one of the most valued resources; and contamination could be devastating.

Commissioner O'Brien stated that is not his argument; his argument is there is nothing to tell whether the cost is $50 or $150 to go out and look at someone's well or even process the paperwork; and he does not care what other counties charge. He stated this is an arbitrary number; and an inspector may not even show up. Commissioner Higgs stated an inspection is required; with Ms. Dunn advising staff will be inspecting the wells. Commissioner O'Brien commented on inspections and costs.

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

The meeting recessed at 9:56 a.m. and reconvened at 10:10 a.m.

CLARIFICATION, RE: ST. ANDREWS BOULEVARD ALIGNMENT

Commissioner Carlson stated the issue is a clarification of St. Andrews Boulevard alignment; the requested action is the final determination by the Board of the final disposition of St. Andrews Boulevard; and the requested action is independent of the previously submitted action regarding vacating the right-of-way on St. Andrews Boulevard and Interlachen Road. She stated the Board took action on that item last time; and it will be getting information back from staff to see if that is possible or not. She stated she knows there has been community concern about St. Andrews Boulevard alignment and the connection to the Pineda Extension; there have been community meetings with the Suntree area residents; and as far as she is concerned, the alignment will not occur until I-95 is connected at Pineda, but she is only one Commissioner.

Steve McGeary, President of the Suntree Master Homeowners Association, stated he and Mr. Price would be considered the applicants. He submitted written materials; and read aloud a letter from the Suntree Master Homeowners Association Board of Directors, requesting the Board take definitive action at this time to determine the disposition of St. Andrews Boulevard, specifically addressing the requests of the members of the community that (1) St. Andrews Boulevard shall not be extended beyond its current terminus at the entrance to St. Andrews Isle; (2) Access to all additional development south of the current boundaries of Suntree shall be provides solely via the Pineda Extension; and (3) There shall be no consideration to connecting St. Andrews Boulevard to the Pineda Extension prior to the completion of an interchange at I-95 and the Pineda Extension. He stated members of the Suntree community are on record as far back as April 2000 in expressing concerns about the negative impact a connection of St. Andrews Boulevard to the Pineda Extension would have on Suntree; over the past two years the Board has heard testimony from Suntree residents voicing opposition to proposals to extend St. Andrews Boulevard because it would result in increased traffic on this internal collector road; and the Board has heard competent substantial evidence presented by experts at hearings regarding Sawgrass South, Phase 3 that support this concern. He stated County staff and an independent land planner have stated that the roadway was designed as an internal collector road; St. Andrews Boulevard is a two-lane road with sidewalks, golf cart crossings, pedestrian and bike paths, limited shoulders, and a geometry with narrow sight lines to encourage slow travel speed; and there has been no change in circumstances that would justify any change in traffic projections. He stated on April 6, 2002 Commissioner Carlson held a public briefing to clarify concerns related to the roadway; County staff and Commissioner Carlson stated they opposed consideration of connecting St. Andrews Boulevard to the Pineda Extension until the I-95 interchange is built; and requested the Board support this position and that access to all lands south of the current boundaries of Suntree be solely via the Pineda Extension, with no extension of St. Andrews Boulevard beyond its current terminus. He stated they are not asking for denial of access to the property in question, but are requesting the Board to move proactively by following guidelines outlined in the Comprehensive Plan in Chapter 11, Administrative Policies 3A, 4A, 5B-G, and Chapter 9, Policy 2.3B, and provide that access be made in a way that does not negatively impact existing neighborhoods. He stated their attorney could not be present this morning due to a scheduling conflict; however, each Commissioner has been provided with a copy of a letter containing a legal analysis and opinion of how the Board can accomplish the conditions being requested in a lawful manner. He noted the letter was also forward to County Attorney Scott Knox; and requested it be made part of the record.

Commissioner Higgs stated Mr. McGeary references the current boundaries of Suntree; and inquired if he means not just the current PUD but the built subdivisions as well; with Mr. McGeary responding that is correct. Mr. McGeary stated they are concerned about the terminus of St. Andrews Boulevard and anything south of that section; St. Andrews Isle is part of the Suntree Masters Homeowners Association; and on the other side is Sawgrass at Suntree, which is on the west side of St. Andrews Isle. Commissioner Higgs inquired if that is included in the definition of Suntree; with Mr. McGeary responding no, he is talking about all of the development of Sawgrass South, not Sawgrass at Suntree. He stated all of the development of Sawgrass South should be off the Pineda, but they are not including Sawgrass at Suntree as they already have access via St. Andrews Boulevard. Commissioner Higgs inquired if St. Andrews Isle and Suntree Estates are included in the definition of current boundaries of Suntree; with Mr. McGeary responding that is correct.

Thomas Grimms, Planning Research Associates, stated Planner Donald Murray is unable to be present today; advised he is a member of the American Institute of Certified Planners as is Mr. Murray; his previous work experience is in land use planning, environmental planning, and market studies; and he has worked in Ohio and Florida. He stated they were asked to evaluate the impacts on the Suntree community of changes under consideration for St. Andrews Boulevard; they reviewed previous reports by Planning Research Associates, Inc. presented in Brevard County zoning hearings in October and November 2001, data from the 2000-2001 Brevard County traffic program, Brevard County MPO 2000 North Brevard Traffic Study, the traffic study completed by Tipton Associates, Inc. submitted on October 4, 2001, and the CH2M Hill technical memorandum from April 2002; and the Board received a copy of their report. He stated there have been no significant changes in the traffic study data since the previous report to justify any changes in Planning Research Associates conclusions regarding St. Andrews Boulevard as outlined October and November 2001. He stated St. Andrews Boulevard was designed as an internal collector roadway, which will be above capacity upon buildout of currently approved subdivision construction; and all future additional development at the south end of the area should be accessed solely by way of Pineda Extension, which has a higher volume capacity. He stated projected traffic from buildout of existing development already exceeds the recommended 5,000 trips per day for roads of this type by 1,893 trips per day; therefore, any additional traffic onto St. Andrews Boulevard, other than traffic from existing subdivisions, should be limited or not allowed for safety reasons. He recommended no extension of St. Andrews Boulevard beyond its current terminus and all access to future additional developments south of the Suntree PUD be provided solely by way of the Pineda Extension. He stated they were asked to review the CH2M Hill technical memorandum; but it cannot be evaluated as a complete traffic study because the information in the memorandum is very limited. He stated the demographic date, on which flow assumptions were based, were not included; the report appears to be an extremely conservative estimate when factoring daily trips on St. Andrews Boulevard; it gives low estimates of the projected daily trips and the peak hour estimates along the southern extension of St. Andrews Boulevard; and the report is also too conservative in estimates of the number of external trips captured as pass-through trips to Suntree. He recommended the connection of St. Andrews Boulevard as a through road from Wickham Road to the Pineda Extension not be considered at this time as it would place an overwhelming traffic volume burden on the existing Suntree community; stated using St. Andrews Boulevard as a major collector road will cause increased trip times, create unsafe traffic conditions, impede emergency vehicle access, and create additional noise within the development; and upgrading St. Andrews Boulevard will be very disruptive, especially if it is done after an interconnection is made at the Pineda Extension and additional development is allowed to connect to St. Andrews Boulevard. He stated widening of St. Andrews Boulevard will pose additional inconveniences, travel delays, and safety concerns for residents; it will likely impact property values in the Suntree community; and accidents can be expected to go up significantly. He recommended the County decline any consideration at this time of connection of St. Andrews Boulevard to the Pineda Extension.

Clyde Shaw, President of the Legends Suntree Homeowners Association, stated he is representing the families of the Legends as well as many sub-associations; and the sub-associations include Augusta Village with 39 families, Cypress Trace with 113 families, the Courtyards with 170 families, Fieldstone with 90 families, the Legends with 92 families, Quail Point with 42 families, Oak Park with 79 families, Quail Ridge with 82 families, Spanish Cove with 73 families, St. Andrews Isle with 68 families, Summerwood with 65 families, Suntree Estates with 40 families, Waterford Place with 109 families and Waterford Point with 70 families. He stated the sub-association members and residents have come to the meeting to express their consolidated support of the Suntree Master Homeowners Association's request to ratify the requested three items. He stated the taxpayers of the Suntree community will be adversely affected due to the property devaluation and loss of community safety and security, in addition to loss of its rural nature. He stated these are the primary reasons most of the residents moved to the community; and they petition the Board to ratify and incorporate the three previously mentioned items.

Jim Bennett stated at the April 6, 2002 community forum a technical memorandum performed by CH2M Hill was presented by Bob Kamm; and the computer model supported the current position of County staff as related to the estimated traffic impacts in the Suntree community given the connection of St. Andrews Boulevard to the Pineda Extension. He stated as a resident of Suntree with expertise and experience in traffic planning, he was asked to review the memorandum; and advised of the documents he reviewed to assess the memorandum. He stated there are several items that need to be present in traffic planning, as detailed in the FDOT Project Traffic Forecasting Handbook, for a plan to be considered complete, comprehensive, and accurate; they include a well-defined scope of work, study specifications, a listing of all statistical variables and assumptions, and a full technical report including the statistical probabilities of accuracy; and the CH2M Hill memorandum that was presented on April 6 was lacking all of these items. He stated the memorandum included a computer generated model of projected traffic for several potential connection scenarios of St. Andrews Boulevard to the Pineda Extension; it included a statistical extrapolation of estimated traffic movements in the various scenarios; and he assumed the missing items were omitted from the handout due to their technical nature, so he requested the data from staff several days after the forum. He stated what he received in response were plots of the three scenarios presented at the forum; he sent a follow-up letter to County staff detailing the information he requested to eliminate any confusion; and Mr. Kamm replied, "he did not previously provide such items to me and cannot at this time because he had given me what he has." He advised the letter went on to explain the study was just an informal offshoot of CH2M Hill's work relating to the interchange modification report commissioned by FDOT and was offered to the County at no cost; the report was delivered in draft form and fine tuned over a period of ten days via telephone and email; and the letter further stated, "there is not a full technical report because CH2M Hill provided this information without charge, and to press them for additional work would be inappropriate." He stated the report supporting the current staff position on potential impacts to Suntree is unrepeatable for further analysis by an outside firm; and the Board as well as the residents are expected to accept this report without the availability of review by a competent third party. He stated the Board cannot accept as evidence technical information submitted into the record by the residents that cannot be professionally verified; and he would expect the same standard to be applied to the County staff. He stated they have been unable to obtain from the County the data necessary for third-party analysis of the technical memorandum, and have been advised the data does not exist; the unavailability of the data prevents it from being a professionally acceptable product; as with any study of this nature, if the results cannot be validated by an independent third party, the results are highly questionable; and given the fact that the technical memorandum is sharply at odds with several previous studies, such validation would be crucial to assess the reasons for the discrepancies. He advised he is not questioning the qualifications of CH2M Hill, which is a competent engineering firm; however, the firm has not performed, nor has it made any representation that it has performed, a formal traffic study in this case; Mr. Kamm's letter indicates there is not a full technical report; and it would be a misrepresentation to suggest it has done so. He reiterated there is no reliable repeatable formal traffic study supporting the County staff projections of Suntree traffic volumes; the CH2M Hill technical memorandum, which is sharply at odds with previous traffic studies of the area, lacks a number of essential items; and its lack of pertinent technical information to support the finding destroys its credibility. He stated there is no evidence to support the County's claim that the connection of St. Andrews Boulevard to the Pineda Extension will not result in a significant impact to the Suntree community.

Brian Dittenhafer, resident of Suntree and Member of the Board of Directors and Treasurer of Suntree Country Club, stated the Suntree Country Club Board strongly supports the position of the Suntree Master Homeowners Association. He stated the Club is composed of 865 families who live in a community built around a country club with two golf courses and network that discourages non-resident traffic; the streets of the PUD have been designated as streets where golf carts are permitted to operate; and 65% of the 554 member golfing families drive golf carts to the Club when they play golf. He stated they travel on St. Andrews Boulevard, Pinehurst Avenue, and Interlachen Road; 85,000 rounds of golf were played at Suntree Country Club last year, which means that 110,000 times last year someone left hi or her home to drive on Suntree streets to the clubhouse and return; the two golf courses were designated as a part of the PUD; and the fairways, greens, and natural areas of the courses provide much of the required green space for the PUD. He stated each of the golf courses crosses Suntree streets five times; with a volume of golf played last year, that means that Suntree golfers were exposed to vehicular traffic a minimum of 211,000 times while crossing Suntree streets during a round of golf; and the Board of Directors has found this to be a source of concern, especially since the construction of Sawgrass at Suntree and the heavy construction traffic generated by that building process. He stated tournament rounds with shotgun starts adds another 5,200 golf cart trips crossing or on the Suntree streets, which means that a total of 326,000 times last year a golf cart was on a major road in Suntree or was crossing a major road while on the course. He stated a traffic count performed by Tipton Associates Incorporated on St. Andrews Boulevard just south of Interlachen Road on August 21, 2001 showed existing traffic of 3,715 trips per day; and adding expected trips from Sawgrass at Suntree and St. Andrews Isle brings the total to 6,893 trips per day. He noted this was done on a weekday in August, which is a seasonal low point in activity in the area; and it is such a low point that the clubhouse closes for deep cleaning at that time. He stated the residents of Baytree have access directly to Interlachen Avenue via Baytree Drive; the heaviest vehicle traffic in Suntree actually takes place between Baytree Drive and Wickham Road on Interlachen Road; and residents of Baytree choose to use the streets of Suntree to access Wickham Road in both north and south directions. He stated Baytree is still under construction, and continued buildout will add traffic to St. Andrews Boulevard and Interlachen Road, which is traffic not considered in the Tipton Associates study, so 6,893 trips is a conservative estimate of traffic volumes to be generated by homes and building lots already approved, which will be connected to St. Andrews Boulevard. He stated the County does not include any trips from subdivisions which are south of St. Andrews Isle or from Sawgrass at Suntree; qualified traffic engineers have said that a collector road like St. Andrews Boulevard can safely carry 5,000 vehicles per day, but should not exceed 7,000 per day; and current vehicle count plus the expected from approved lots already connecting to St. Andrews Boulevard exceeds the safe load recommended for such streets. He recommended for the safety of the residents, and particularly the golfers, the Board not allow additional traffic on Suntree streets beyond those lots already approved and connected to St. Andrews Boulevard, and insure that by retaining control of the connection process by not allowing improvement of St. Andrews Boulevard south of the current terminus until the Pineda Extension interchange with I-95 is completed.

Laura Collins stated she will be replacing Sue Sawyer, who was unable to attend because of a family emergency. She stated members of the Suntree community have come before the Board a number of times over the past two years to express concerns about threats to the community's safety and security due to increased traffic from external sources on Suntree's roadways; the Board already heard data about golf cart use; and she would like to provide additional information on use of the roadways. She stated although the posted speed on St. Andrews Boulevard and Interlachen Road is 30 mph, Suntree has had an ongoing documented speeding problem; the only available speed control assistance was flashing lights, which have been of little effect; in January 2001, the Suntree Master Homeowners Association, at its own expense, instituted a speed program by hiring off-duty deputies to patrol the roads; and although some improvement was seen at the beginning of the program, speeding continues to be an issue on these roads. She stated as Mr. Grimms said, increasing traffic volume on St. Andrews Boulevard can be expected to increase the problem; Suntree has a neighborhood elementary school; of the 940 students, over 400 use St. Andrews Boulevard to travel to school by foot, bicycle, or car daily; and as enrollment for the most recent school year was 1,183, increased numbers of students can be expected to be using the roadways. She stated Suntree has middle school and high school students as well; there are currently six bus stops along St. Andrews Boulevard and four along Interlachen Road; and given the current over-enrollment of Suntree Elementary and the District's current policy of bussing to beachside schools, there will be an increase in the coming year in bus stops and bus travel to transport students elsewhere. She stated Suntree is home to a lot of wildlife, including federally-protected sand cranes, which regularly cross the streets; and presented a photograph of an unfortunate crane that was not quick enough to make it across St. Andrews Boulevard this spring. She advised Suntree already had one child fatality with two other children injured as a result of a car-bicycle collision immediately across the street from the elementary school where there is a posted low speed zone; these streets are home to over 4,000 families; motorized traffic is only part of the use; and increased traffic volume places pedestrians at risk. She requested the Board take action to preserve the community's safety and quality of life.

Bob Rogan, resident of Waterford Place and member of the Government Liaison Committee of the Suntree Master Homeowners Association, stated Mr. McGeary referenced several elements of the County's Comprehensive Plan; and he would like to summarize that information for the Board. He stated Chapter 11, the Future Land Use Element, contains numerous criteria that would not be met by extending St. Andrews Boulevard beyond its current terminus at this time; Administrative Policies 3.A and 4.A clearly indicate that compatibility requests shall include evaluation of whether they diminish the enjoyment of safety or the quality of life in existing neighborhoods within the area; and the Comprehensive Plan also states that the character of the area must not be materially or adversely affected by the proposed rezoning or land use applications. He stated specifically the proposed use must not materially or adversely impact an established residential neighborhood by introducing types and intensity of traffic that is not already present with the identified boundaries of the neighborhood; Administrative Policies 5A through 5G of the Comprehensive Plan state that the impact of the proposed use or uses on transportation facilities either serving the site or impacting by the use shall be considered; and the Plan goes on to list the criteria for substantial and adverse transportation impacts, including deterioration of the roadway, necessity for widening or otherwise improving the roadway, creation of potential or material danger to public safety in the surrounding area, and an adverse impact on the safety or welfare of the residents in the existing residential neighborhoods. He stated the traffic studies referenced by the planners' report clearly establishes the projected volume on St. Andrews Boulevard resulting from connection to the Pineda Extension at the south end of the road as in excess of the road's capacity and within the range warned against by the previously mentioned County staff memorandum of March 13, 2000; the memo clearly states the increased use of St. Andrews Boulevard will cause an accelerated deterioration of the road surface; and the traffic data combined with the staff's March 13, 2000 memorandum indicates that the traffic volume generated would likely result in the need to widen the road. He stated Criterion 5.G indicates consideration of whether projected traffic impacts of the proposed use would materially and adversely impact the safety or welfare of the residents in existing residential neighborhoods; Chapter 9 of the Comprehensive Plan, Transportation Element Policy 3.7A provides that the County shall maintain and enforce land development regulations that improve the safety of motorists, pedestrians, and bicyclists in accordance with the certain criteria, such as minimizing points of conflict along local roadways from driveway connections and other access points. He stated traffic studies and land planner testimony documented the increase in the points of conflict along St. Andrews Boulevard should the roadway have to bear the burden of increased volume resulting from the connection to the Pineda Extension prior to an I-95 interchange. He stated they have submitted substantial proof that St. Andrews Boulevard should not be extended at this time; and without approval of the request of the Suntree Master Homeowners Association, they cannot hope to insure the safety or quality of life of the families in their neighborhood.

Anne Salemmo, resident of St. Andrews Isle and member of Citizens for Responsible Growth, stated she supports the three items requested by the Suntree Master Homeowners Association. She stated at the April 6 information-sharing meeting, County staff and the District 4 Commissioner stated on the record their support for the first portion of the request, which is no connection of St. Andrews Boulevard to the Pineda Extension until the I-95 interchange is in place. She stated they are requesting the St. Andrews Boulevard terminus be maintained at its current location; Mr. Kamm accurately described St. Andrews Boulevard as a major collector roadway for Suntree, designed to accommodate the residential traffic levels that Suntree would generate upon buildout; and Mr. Kamm further stated, "there is generally limited ability to accommodate substantial new traffic generators in such circumstances because of the resulting negative impact the additional traffic would have on the surrounding residential development." She stated the Board has heard testimony this morning from a certified land planner that upon buildout St. Andrews Boulevard will already be 1,893 trips per day over recommended capacity; Mr. Grimms stated no further traffic burden should be placed on St. Andrews Boulevard at this time; and Mr. Dittenhafer provided staggering statistics on the amount of golf cart traffic on the road, which is information not previously considered in the transportation planning of this area. She stated the current terminus of St. Andrews Boulevard is a natural breaking point between the Suntree community and land to the south that is not part of Suntree; and the third element of the request is that access to all future development south of Suntree should be solely from the Pineda Extension. She stated all traffic should be handled via the Pineda Extension, which has the volume capacity and does not represent an internal roadway through an adjacent neighborhood. She stated access is available to the property to the south of Suntree from the Pineda Extension; for over ten months Sawgrass Land Development Company has worked actively and aggressively to obtain permitting from the St. Johns River Water Management District and Army Corps of Engineers for a roadway to provide this access; they have fought very hard to get this road approval in spite of strong opposition from the community and environmental groups; and they won as the permitting for the road has been granted by both regulatory agencies. She stated maintaining the current terminus of St. Andrews Boulevard keeps the control of the road in the hands of the County, thereby assuring protection for the Suntree community from the negative impacts acknowledged by County staff that would occur if there were a full unimpeded connection to the Pineda Extension.

Vincent Anella, resident of the Summerwood community, stated he supports the prior speakers; and inquired how did the situation get to this point. He stated the process is backwards; the County allows people to build homes and development to go on, and then it deals with how to get the access roads in; and inquired if this question should have been answered five or six years ago. He stated the Board needs to look at what went wrong so it can stop it in the future; access needs to be done before building; and in two or three years, the Board may get residents from Grand Haven looking for access roads because they are going to be choked off. He stated he does not think the County is going to see an I-95 interchange for many years; the Board should do a little more homework; and it should get a process in place so this does not happen again.

Tom Lancaster, resident of St. Andrews Isle in Suntree, stated a lot has been said concerning the St. Andrews Boulevard extension and the impact it will have on the residents; and his concern is with the integrity of the parties who currently own control of the bulk of the roadway at issue. He stated when Sawgrass Land Development Company opened Sawgrass at Suntree and failed to comply with the buffer tract provisions, which resulted in a lack of privacy for many residents of Suntree Estates, it was a major issue, particularly with Commissioner Higgs; and after receiving permitting from the St. Johns River Water Management District to construct the first three phases of Sawgrass at Suntree, they received a letter from the regulatory agency outlining 12 areas of non-compliance with conditions of the permit. He stated a resident from the new community complained to the Board about the failure of the developer to live up to advertised promises; the Sawgrass Land Development Company created lots in the new development three feet higher than those in adjacent communities; and that problem was the impetus for an Ordinance requiring elevation compatibility with adjacent subdivisions. He stated Sawgrass Land Development Company made repeated statements during the hearings on Sawgrass South, Phase 3 that it had no interest in whether or not St. Andrews Boulevard was ever connected; but at the same time it offered a parcel of land as a donation to the Brevard School District, with a contingency that St. Andrews Boulevard be connected to the Pineda Extension, and sought regulatory approval from both St. Johns River Water Management District and the Army Corps of Engineers for the roadway extension. He stated less than 30 days after the April 6 meeting where Suntree residents were advised by Commissioner Carlson and staff that they were opposed to any connection until the I-95 interchange is in place, the Sawgrass Land Development Company made an offer to sell a portion of the land in Phase 3 for a school site, again with the contingency that the Board approve St. Andrews Boulevard connection to the Pineda Extension. He stated two other business entities managed by the principals made news in the past year; Forte McCaulay Development Corporation purchased a piece of property for $1.2 million and sold it to the County for $7.25 million in a controversial real estate transaction; and in May 2002, operating as Florida Recyclers of Brevard, they were cited by the City of Melbourne for illegally filling wetlands in violation of permit conditions. He stated the principals of Sawgrass Land Company applied for an agricultural permit that they were not eligible for; after being assigned a GU zoning classification by the Board, they filed an appeal to that ruling in an attempt to get RU-1-13 zoning; in the appeal they asserted they owned a little more than 84 acres; but when asked if they could reconfigure the St. Andrews Boulevard extension, they said they only owned 40 or 45 acres; and advised something is wrong. He noted one of the principals was a member of the Board of Adjustment, and should be familiar with the processes for an application; and the described events do not portray these businessmen as model corporate citizens, but rather as less than truthful, deceptive, manipulative opportunists with questionable business ethics in their search for the almighty dollar. He stated their desire to have St. Andrews Boulevard extended while denying it leads him to think they have another plan that could create further anguish among the residents; the principals have not earned respect, nor are they entitled to trust, as evidenced by their disdain for the rules and their willingness to circumvent them; and requested the present terminus of St. Andrews Boulevard be maintain for the wellbeing of current and future residents of the area.

Attorney Jack Kirschenbaum, representing Sawgrass Development, requested his time be reserved to the conclusion as he is not sure what the issue is before the Board. He stated if the issue is character assaults and interruptions, he could understand it, but the issue on the Agenda indicates clarification of the St. Andrews Boulevard alignment, nothing more, and nothing less. He stated if documents are to be submitted and reports relied on, they should be submitted far in advance so they can be reviewed and analyzed, and so opposing experts, if necessary, can see them; but the documents he assumes each Commissioner has were faxed yesterday, and he did not have an opportunity to review them or get them to experts.

Chairman Scarborough advised when a person is interrupted, additional time will be allowed commensurate with the interruption; and the Board tries to be fair to all sides.

Mr. Kirschenbaum stated his request is to be permitted to speak at the end when all the issues are before the Board so he can adequately respond. He noted he does not know all of the issues to be presented; he heard some new ones today about golf cart traffic; and he would like to hear them all before responding.

Commissioner Carlson inquired what is the pleasure of the Board. County Attorney Scott Knox recommended letting Mr. Kirschenbaum speak last so he can address all the comments; and stated otherwise the Board will not be giving him full opportunity to address any detrimental comments.

Commissioner Colon inquired if staff can provide Mr. Kirschenbaum with a copy of the submittal so he can review it. Mr. Kirschenbaum advised he got a copy last night.

Ernest Hartzler, resident of Augusta Village in Suntree, stated he bought his home a year ago because it is a beautiful, well-planned, self-contained community; but now the Board is being requested to turn the streets into arteries. He stated the present load may not be overwhelming; but further development will continue if they do not get the Pineda/I-95 interchange approved now while they have the clout of the current landowners and builders; if they can build it out without doing that, the County will have lost its power to get that done; it would be years before that would be completed; and that would mean continued impact on Suntree, Wickham Road, the overpass at I-95, the southern part of Viera, and further development west of I-95. He stated the County will have a mess on its hands; it will come back to allowing development before the infrastructure is in place; in California, anyone wanting to develop land has to get a bond through the State to pay for all of the infrastructure before construction starts, and then whoever buys whatever is built pays off the bond over the years; and that is the right and proper way to handle things. He recommended the Board not allow St. Andrews Boulevard to be extended until the interchange is built and to consider the wishes of the residents of the community.

Mason Blake, representing A. Duda & Sons, requested an opportunity to speak after the conclusion of remarks; and stated he just got the information at the last minute. Mr. Knox advised the Board to allow Mr. Blake to speak after hearing the other comments.

Melissa Hoagland, President of the Board of Directors of Citizens for Responsible Growth, Inc., stated they support the three-part request that was presented this morning; the legal counsel for the Suntree Master Homeowners Association provided a legal analysis of the means by which the Board may take the actions requested in a lawful manner without incurring legal liability for the County; a certified land planner has provided his analysis of the negative impacts to the Suntree community that can be expected if the roadway is further burdened with traffic beyond that which it was designed to handle; and the Board heard information on pedestrian and golf cart use on St. Andrews Boulevard. She stated the Board heard a review of the Comprehensive Plan guidelines relevant to the request and a summary of the rationale for maintaining the terminus of St. Andrews Boulevard at its current location; and it heard the concern of several hundred residents by their presence this morning. She stated their concern is the threat to the community's quality of life; and thanked all who came this morning. She noted the numbers this morning are telling in light of the fact that many of the residents are out of town for the summer and many work during the day. She stated Suntree residents have appeared before the Board repeatedly over the past two years to voice concerns regarding the community's safety, quality of life, and the risk posed to that safety and quality of life by using St. Andrews Boulevard for purposes other than those for which it was designed. She stated the road is the main corridor through the South Suntree community; and the request before the Board today is to take a proactive step instead of passively allowing determination of the community's quality of life by unrelated adjacent development. She advise on October 2, the Board unanimously voted to deny a developer access to Claire's Cove through an existing community of 30 to 40 homes; and Commissioners Scarborough and O'Brien voice their opinions that the roadway access would profoundly change the complexion and safety of the existing neighborhood, and that the residents of the community had a right to expect if they buy into a neighborhood that its character would not change; and this morning they have presented extensive data showing that further extension of St. Andrews Boulevard at this time would profoundly and permanently change the complexion and safety of Suntree. She stated the 4,000 Suntree families request the Board do the right thing and safeguard the community; the District 4 Commissioner and staff are on record at the April 6, 2002 meeting as opposing connection of St. Andrews Boulevard to the Pineda Extension prior to the construction of an I-95 interchange; and the only way to guarantee that the connection will not take place is by maintaining the current terminus of St. Andrews Boulevard and providing access to future development to the south solely by the Pineda Extension. Ms. Hoagland stated the developer's goals for St. Andrews Boulevard are clear; he wants to connect the road to the Pineda Extension now; and if the Board allows that extension, it will clear the way for the piecemeal extension of the roadway to a premature connection with the Pineda Extension at the expense of the Suntree community. She stated Mr. Knox said on April 6, that as long as the developer has access to his property, the County has the discretion to determine which roads go where in the interest of public safety and health; Mr. Price, in his letter, concurs; the Board has never voted for an alignment for St. Andrews Boulevard; and when objections and concerns have been voiced about such connection, the response has always been that no decision has been made and the public will have the opportunity for input prior to the decision. She stated in the April 6 handout, Mr. Knox states that Public Works is not aware of any design plans showing St. Andrews Boulevard as a through connection to the Pineda Extension to the intersection preferred by Public Works; Public Works indicated the only other place the St. Andrews Boulevard extension shows up as a through road is in the MPO's North Melbourne Traffic Study; the Board has never approved a through road there; and it cannot be legislated by Public Works' preferences alone. She stated they are not asking the Board to deny access to the property south of Suntree borders, but for the Board to provide that access in a way that does not negatively impact the existing neighborhood, following the guidelines of the County's Comprehensive Plan. She stated permitting has already been sought by and granted to the developer for a road, which will provide access via the Pineda Extension without overburdening the roadways of the adjacent community. She stated the 4,000 families of Suntree ask the Board this morning to do the right thing.

Guy Hoagland stated he was supposed to be the last speaker; and he would like to summarize the two main points. He stated they provided competent substantial evidence and legal justification for the Board to do what the people have asked; the only way the County can maintain control of whether or not St. Andrews Boulevard is extended to the Pineda Extension is to do it at this point; the developer has already permitted the road; and he can put the rest through as a private road. He stated clearly there is significant fear that the developer will sue; this has come up over and over again; they see deference to the developer in terms of going last; and at one meeting, the developer requested to have his 15 minutes go last, which meant there was public comment before there was even a presentation. He stated they require the same parity of consideration; the message the Board is sending is that the threat of a lawsuit puts people at a different place in terms of dealing with the Board; and that message to the community is a harmful one. He stated they are concerned that if the preponderance of evidence and substantial information they provided is not sufficient, the other step is one they would regret having to take.

Karl Fisher, resident of Cypress Trace, stated he and his wife chose Suntree because of the nature of the community; had they known it was going to be bastardized by encroachment from outside sources, they would probably have not bought there; and they are concerned about their property value and quality of life. He stated there are choke points; the communities to the south can come up Wickham Road and join I-95; and having part of those communities cut through Suntree to rejoin Wickham Road creates the bottleneck farther north at Wickham Road and Interlachen. He stated the second choke point is at the entrance of I-95; there is only a one-lane entrance ramp to I-95; and routing more traffic through their neighborhood will not resolve the choke points. He stated to resolve the problem there should be a new entrance onto I-95 to the south; requested the Board not destroy their community for no gain, and put its efforts on where the entrance ramps to I-95 should occur. He requested the Board not allow the cleverness of being last in line to sway its decision.

Chairman Scarborough again cautioned the audience that disruption that does not allow the speaker to speak will not assist the audience's cause.

Jack Kirschenbaum, representing Sawgrass Development Company, stated he was not kidding when he said he does not know what is going on today; he knows this is not a rezoning and the Board is not sitting as a planning group; but he does not know if this is a quasi-judicial meeting where the Board is acting as a finder of fact or if the Board is acting as a legislative body to determine whether or not to pass a law and exercise police power; and that makes a huge difference in the standards the Board must utilize in making its decision. He stated there is no ordinance percolating through the process or application for rezoning or Comprehensive Plan amendment; so, he assumes the Board is fact finding to determine if it should pass an ordinance. He stated in the event that is what the Board is doing, he must make two points; the first is there is a theory in the law called equitable estoppel; his client has been on the doormat of development working to develop a piece of property; and if the Board passes a law that precludes that, the Board is whipping the doormat from under him. He pointed out various areas on a map; and stated area shown in blue is the portion of the Pineda Extension that is completed; the orange shows the boundaries of his client's property; the yellow is St. Andrews Boulevard; the green is the proposed extension of that to the Pineda; and the red square is Phase 1 of a development that contains 18 lots, which abuts the end of St. Andrews Boulevard as dedicated. He stated if the Board vacates St. Andrews Boulevard and precludes his client from connecting, it will have denied all access to that portion of the property; and the law prevents that by virtue of equitable estoppel. He stated the second point is that if the Board were to preclude this connection, it will have denied all access to the property and have committed an inverse condemnation; the solution, as proposed by counsel for the homeowners, is for the Board to require something to occur on the south property; but the Board is aware of permitting and wetlands issues and a multitude of other issues with regard to the extension of the Pineda that would preclude any reasonable use of that in the near future; so, if the Board adopts an ordinance to prevent access from St. Andrews Boulevard to his client's property, it will have denied access and condemned that piece of property. He advised he is not present to make threats or threaten lawsuits, but is present to discuss the situation rationally; and threats and opinions are nothing. He stated his opinion as a lawyer who has done substantial eminent domain work is that if the Board eliminates that access, it will have inversely condemned at least a portion of the property; and urged the Board to consider all of the factors again. He stated he assumes the Board is sitting as a legislative rather than quasi-judicial body; and requested the Board not take action at this time that would destroy the rights and property of his client.

Commissioner Colon stated when this came before the Board, the previous attorney representing Mr. Kirschenbaum's client stated on the record that he did not care what was done with the extension because it would not affect the project; and she is sure she can get a copy of that tape for Mr. Kirschenbaum. She stated Melissa Hoagland was watching the meeting at home and came to the Government Center to ask specifically what the Board was doing; and recommended Mr. Kirschenbaum look at the tape to see exactly what was said by the previous attorney. Mr. Kirschenbaum stated he has watched the tape; that was a long time ago, and a lot of water has gone over the dam since then, including the denial of the requested zoning and imposition of non-requested zoning on his client's property; the development that is now proceeding is in the corner of the property that is adjacent to the dedicated right-of-way of St. Andrews Boulevard; and their position is that any inability to connect to that would constitute a deprivation of all access and inversely condemn the property.

County Attorney Scott Knox inquired if the area shown in orange is all owned by Mr. Kirschenbaum's client; with Mr. Kirschenbaum responding a portion is under contract; his client is the contract vendee; but he did not have time to have a surveyor draw it, and cannot tell exactly which piece is which at this time. Mr. Knox inquired if there is any portion of the area shown in orange that is owned by Mr. Kirschenbaum's client that would abut the area designated in red and the proposed right-of-way for the Pineda Extension. Mr. Kirschenbaum responded he does not believe there is, but he does not have a certain answer. He stated there is no portion of ownership that touches what has been completed and dedicated, and that is the legal basis of the claim for inverse condemnation.

Commissioner Colon inquired if Mr. Kirschenbaum still has a problem with the property south of the area in red being vacated; with Mr. Kirschenbaum responding absolutely. Mr. Kirschenbaum advised he came before the Board previously seeking relocation of the dedicated easement that would connect the Pineda Extension to St. Andrews Boulevard; and it was determined that until all the permits were obtained, that was premature and there could not be a swap of those easements for platting purposes until one was vacated and the other instituted. He stated as he understands it right now, the green portion is the portion of the extension of St. Andrews Boulevard that is dedicated to public use; he is not a surveyor; he drew the approximately locations; but they are sufficient to convey the point that the red portion is adjacent to the dedicated right-of-way to St. Andrews Boulevard, and if his client cannot connect to it, it eliminates all his legal access to public roads. Mr. Knox requested Mr. Kirschenbaum leave the map for future reference.

Mason Blake, Counsel for A. Duda & Sons, landowner in the area, stated they have an interest in the overall traffic patterns, and would like to express concern that the issue be studied carefully and this be considered a fact-finding issue today to give others, including County staff, a chance to analyze and provide further facts to the Board before a decision is made. He stated they have a particular interest in whatever configuration is permitted; the intersection of St. Andrews Boulevard with the Pineda Extension is specifically provided for in their Agreement with the County for the donation because they believe regional traffic capacity and safety are important; what interconnects is up to the Board; but this merits further study and should not be a one-day decision with limited input from one side only.

Mr. Knox inquired if Mr. Blake knows who owns the property shown in orange and where the boundaries are; with Mr. Blake responding his client retains certain properties, which he pointed out on the map. Mr. Knox inquired if the property is abutting both the red and the proposed extension of the Pineda; with Mr. Blake responding some of what is shown in orange that they own does abut the proposed extension. Mr. Knox inquired if the red parcel is connected; with Mr. Blake responding it would appear to abut the existing dedicated platted right-of-way, but he is not a surveyor. Mr. Knox stated what he is trying to find out is whether or not there is any way to get from the red parcel down to the proposed extension of the Pineda over property currently owned by Sawgrass; with Mr. Blake responding he cannot say, but believes so.

Chairman Scarborough inquired what is the status of the green, and does it have a separate status. Mr. Blake responded the green has special status; if the previous counsel for Sawgrass said he had no interest in the extension of St. Andrews Boulevard, he was misinformed; in their Contract with them, it said they are to provide a corridor for the St. Andrews Boulevard extension to connect with the Pineda Extension; and they provided that in the Contract because from a regional perspective, it is important for public safety and overall traffic flow. He stated Sawgrass has an interest and a contractual obligation. Chairman Scarborough inquired if Mr. Knox had a copy of that Contract; with Mr. Knox responding he does not know that he has a copy. Mr. Blake advised he will send a copy to Mr. Knox today.

Commissioner Colon stated Mr. Blake mentioned public safety; and inquired public safety for who. Mr. Blake stated their traffic experts have said there is a public safety issue in terms of people in Suntree, emergency vehicles having access to the north portion, access to I-95, and the number of trips loading onto the existing Wickham Road interchange and the new interchange to be built; and he would like an opportunity to provide the Board with expert testimony on the legitimate safety issues.

Commissioner Higgs inquired if the area on both sides of the green and the area in red are no longer owned by A. Duda & Sons, but are owned by Sawgrass; with Mr. Blake responding that is correct. Commissioner Higgs inquired if the boundary of that to the east and west is shown in purple; with Commissioner Carlson advising that is the wetlands. Commissioner Higgs inquired how far does the Sawgrass ownership go; with Mr. Blake responding it goes down south to the boundary of the proposed extension. Commissioner Higgs inquired how far to the east; with Mr. Blake pointing out a boundary on the map; and advising he is not positive about the eastern boundary. Commissioner Higgs inquired if the parcel behind St. Andrews Isle is no longer owned by A. Duda & Sons; with Mr. Blake responding he is not positive, and it may be property that A. Duda & Sons still owns. Commissioner Higgs inquired if the rest of that part has been transferred; with Mr. Blake responding he is not positive. Commissioner Higgs inquired if Mr. Blake is pretty positive about the lower part; with Mr. Blake responding yes.

Chairman Scarborough stated there may be other things beyond this one contract; and inquired if Mr. Blake is willing to cooperate with the County in providing whether there are equitable rights as well as something of title as Mr. Knox looks into this; with Mr. Blake responding affirmatively.

Commissioner Colon inquired if acquisitions of land have happened in the last two years by Sawgrass from A. Duda & Sons; with Mr. Blake responding they have closed on properties within the last two years that are currently being developed. Commissioner Colon inquired if that took place even while the court hearing and all those issues were going on; with Mr. Blake responding he does not know the exact timing or the date the case was filed, so cannot provide the answer. Commissioner Colon stated she could give the date.

Stewart Stotlar stated he and his fiancée moved to Suntree a year ago because of the way it is set up; they live right off of Interlachen Road; and what is going on is the same reason they moved from where they just lived. He stated a gentleman wanted to create some housing that would do the same thing, but did not have the right-of-way; he owned the right-of-way, which the gentleman wanted to buy for $3,000; but if he was unable to buy that right-of-way, it was going to cost him $100,000. He inquired if there is not some other ability for the developer to buy a right-of-way that does not impose on the safety of the community's children; and commented on speeding in the neighborhood. He stated it is scary because the County is going to have to put a light at the end of his street to allow him to get out; and it is discouraging to think that after a year, he is going to have to move again just because another developer is coming in even though there are a large body of people who feel he should not. He stated looking at the large land mass, the developer could probably spend another $100,000 to put in a road; and although that is a bit out of his budget, that is not his problem as he is looking at the safety of the children and the community.

Mr. Kirschenbaum offered to provide information on the ownership of the property; with Chairman Scarborough responding that will occur outside of this meeting. Chairman Scarborough stated Commissioner Carlson has commented it is not beneficial to the neighborhood to open this up until the I-95 interchange is open, and there are issues of inverse condemnation; those are the two things he is hearing; and inquired if that is an oversimplification. Mr. Knox responded that is pretty much it, the inverse condemnation and the estoppel issues. Chairman Scarborough inquired if there is any additional information through Mr. Blake and others that could help the Board in analyzing the inverse condemnation issue; with Mr. Knox responding the contract that was mentioned earlier would help him.

Commissioner Carlson stated she is not sure the Board can make a decision now; one of the three issues that the group brought up was consideration of the interchange and when it connects; and inquired if the Board can bind future boards. She inquired if the Board could vote that it did not want a connection of St. Andrews Boulevard to the Pineda until I-95 connects, and would that hold; with Mr. Knox responding the answer is yes if it is done in a specific way, but no if it is done in another way. Mr. Knox advised it can be done if it is done as part of a development plan, for example, and the developer is told he has to do it as a condition of approval; that will be something the developer will rely upon; and a future Board will not be able to undo that. Commissioner Carlson stated that is where the Board needs to be heading; it is critical to look at the issue of what guarantees the Board is going to be asking for; the Board is very frustrated over the history of the Pineda Extension and what it had to go through with that; even the best plans can be undone depending on who is on the Board; and it is important to establish the quality of life and keep it as the residents choose, which means the County has to retain some control over the access point. She stated she does not know how to do that legally; but Mr. Knox will be bringing back how the Board can legally guarantee that the County has control over that particular piece. She stated the Board can say it is not going to vacate this particular right-of-way, but she does not know if it has to have certain findings of fact to establish that; she is not sure any Commissioner knows that; and inquired what is the next step. Chairman Scarborough stated the Board needs to ask Mr. Knox to report back; and inquired when he can do that. Commissioner Carlson stated on July 23, 2002 Sawgrass is coming back as an issue; and inquired what is the context of that issue. Assistant County Manager Peggy Busacca responded it will be the preliminary engineering for Sawgrass South, Phase 1, which is 18 units. Commissioner Carlson inquired if that will address the St. Andrews Boulevard point of contact with the Pineda; with Ms. Busacca responding no, the current plan shows the existing St. Andrews Boulevard right-of-way as the access to that subdivision. Mr. Knox stated his plan was to have something back in time for that meeting, assuming he can get cooperation from the other agency. Commissioner Carlson stated in previous meetings there has been discussion about the green access point and whether that was what Sawgrass wanted or not, and whether they have other choices; that is why some people in the audience mentioned that agencies had given the okay to develop in wetlands and things of that nature; and the actual access to the Pineda is under question and needs to be identified before the Board goes any further. Commissioner Higgs stated on July 23, 2002 the Board would need to have staff analyze the previous submittal from the transportation standpoint so the Board has both sides of the issue; and the Board is sensitive to protecting the integrity of the neighborhood but needs to know the options available to allow protection of the neighborhood as requested. Commissioner Carlson stated the Board also has to consider the Agreement with the Viera DRI, which requires that there be a St. Andrews Boulevard connection to the Pineda; with Mr. Knox advising that is an issue, but not an absolute. Commissioner Carlson stated that is what the Board needs to find out. Commissioner Higgs stated the constraints on the Board as well as its opportunities to protect the current Suntree neighborhoods are pointed out as a goal of the Comprehensive Plan; and the Board needs to hear from the Planning, Transportation, and Land Development staff so it knows fully what is available.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct the County Attorney to prepare an agenda item for the July 23, 2002 Board meeting to report on issues involved with the potential St. Andrews Boulevard alignment including equitable estoppel, inverse condemnation, options to legally protect the neighborhood, the Agreement between the Viera DRI and the County, and recommendations of the Suntree Master Homeowners Association; and further directed staff to provide an analysis of the previous submittal including traffic issues. Motion carried and ordered unanimously.

Discussion ensued on having the information prior to July 23, 2002, Agenda item separate from Sawgrass item, which item will come before the Board first, and need for legal analysis.

Commissioner Colon inquired if it is fair to let both parties know there will not be a decision on July 23; with Commissioner Higgs responding that is not what was said. Chairman Scarborough stated it may all come together. Commissioner Higgs stated the Board wants the information and will look at the issue. Commissioner Colon stated her concern is that Sawgrass is before the Board on that day; and she does not know if two weeks is enough time to put everything together. Commissioner Higgs stated nothing would force the Board to make a decision on July 23, if it did not have all the information together. Commissioner Colon requested Mr. Knox look at the options given by the Suntree Master Homeowners Association; and stated she wants to focus on that. Commissioner Carlson stated the motion covers that. Mr. Knox advised he will be looking at everything.

The meeting recessed at 11:44 a.m. and reconvened at 11:57 a.m.

WAIVER OF FEES FOR REZONING, RE: AZAN TEMPLE

B. B. Nelson submitted a letter to the Clerk authorizing him to represent the Azan Shriners Center; and stated they have a simple request to waive a zoning fee. He stated the Shriners' money is used for children, hospitals, transportation, etc.; and he is talking about property the Shrine Temple owns on I-95. He introduced the Potentate of the Azan Temple Den Hammond.

Den Hammond stated he is the CEO of the Azan Shrine Center in Melbourne; there are approximately 500,000 Shriners in North America; they belong to 191 different Shrine Centers; the Azan Center has approximately 1,500 members; and as it is an all-male organization, that represents 1,500 families. He stated the Shriners maintain 22 hospitals in the United States, Canada, and Mexico; they take care of approximately 250,000 crippled or burned children each year at a cost of $660 million or approximately $2,500 per child per year; and children are admitted based on need. He stated if a child is burned and winds up at Arnold Palmer Hospital, but they cannot do anything for the child, they immediately call Cincinnati for an ambulance plane, which picks up the child and takes him or her the burn hospital; and the cost for that is approximately $7,500 per trip. He stated there is no charge for treatment; they get no government help or insurance money; and it is all done from donations. He stated from the Azan Temple in Melbourne, there are 413 children in the system; that is a benefit to the County of approximately $1 million per year; the local Shrine Center maintains three hospital vans with 40 drivers who take children almost daily to the Tampa Hospital; and they fly children to Cincinnati, Boston, and Galveston for burn treatment. He stated this is a five-star philanthropy with over 95% of the collected funds going directly to the children's care; it is one of the top three or four in the nation on that basis; and they are very proud of this philanthropy, and wish to continue their participation. He stated they have limited funds locally; when a child is burned at 2:00 a.m., there is a plane to pick him or her up at 4:00 a.m.; that is another $7,500 out of their pocket; and that is approximately the same amount of money as they are talking about waiving fees, so waiver of the fees could send one more child to Cincinnati.

Mr. Nelson stated that gives the Board some idea of what the Shriners do; they are not in this to make money; they bought the land 15 years ago based on Board plans to put in the Pineda Causeway; there have been a lot of meetings and discussions about the Pineda; and it is too bad the County did not take the right-of-way at that time when it could have been gotten free all the way. He stated a bunch of individuals including Joe Wickham bought 70 acres originally and gave it to the Shriners; the Shrine itself did not raise the money; and since that time, they have been sitting on the property. He advised they did get some commercial zoning along the front; they have three billboards and one antenna, which brings in $24,000 a year; and that money is used for the children. He stated when there are 413 children in the County being transported back and forth to Tampa or flown to Cincinnati to the burn center, it is expensive; they have to pay for transportation costs locally; and they do not pay for the hospital, although they do collect money and donate it to the hospital. He presented a list of the founding members of the Azan Shrine Temple; stated Joe Wickham was the founding potentate; and requested the Board waive the zoning fees for application for rezoning. He stated they will go through the complete process and provide the engineering and study, etc. just like anybody else; the land use plan allows for 15 units per acre except in the commercial area along I-95; and they are going to request a rezoning to 15 units per acre for 30 acres. He stated the cost for that application would be $10,865; they will probably accept something less than the 15 units per acre maximum; but they need to do something with the land. He stated they originally planned for a hospital and Shrine Temple; and they have been waiting on the Board to do something with the Pineda Extension, which is affecting a lot of people, and which makes all the difference in whether they are going to ever do anything with the property. He stated there are people who are willing to buy the property if it rezoned to satisfy what the County and State have planned for it to be, at 15 units per acre. He requested the Board waive the fees to make the application for rezoning; and requested those present in support of the Azan Shrine Temple stand; and approximately 14 people stood in response.

Commissioner Colon inquired if the profits will be going to the Shriners; with Mr. Nelson responding all of it will be used for the Shriners; there is no fee on his part; he has represented this from the beginning; and at one time was paid $1 as his commission for getting the leases. He stated they are not making money; there is no fee for him; they are going to rezone 30 of the 37.8 acres; and they are going to leave the part along I-95 alone as a buffer and setback. Commissioner Colon inquired if there are plans to do something with the property or sell it at a profit for the Shriners. Mr. Nelson advised they are going to take the money out of the land and probably buy additional land someplace else for future growth; but a lot of the money will go directly to the children in the hospital. Commissioner Colon stated she visited the hospital in Tampa; it is amazing the things that are being done for families who could not afford it; and expressed appreciation to the Shriners for their work.

Commissioner Carlson stated the County has been in negotiations with Mr. Nelson and others in the alignment area for the Pineda; and inquired if there is anything that keeps him from requesting a zoning action to rezone. County Attorney Scott Knox advised there is nothing that stops them from asking. Commissioner Carlson inquired what is the status of the negotiation; with Mr. Nelson responding the federal government has not approved the relocation of the interchange although the application has been made through the State. Engineer John Denninghoff stated currently the County has three appraisals paid for by the County; there is a fourth appraisal that Mr. Nelson provided; and there is quite a discrepancy between their appraisals and the County's. He stated the County's appraisers are currently evaluating some additional information that has not been received; and pending receipt of that, they are hopeful they can proceed with negotiations in a more successful manner, but failing that kind of information, they might have a serious problem.

Commissioner Higgs stated the item before the Board is in regard to waiver of fees; it has nothing to do with any of the other issues; and inquired what is the Board policy in regard to waiver of fees. Planning and Zoning Director Mel Scott responded the criteria says that the organization requesting the fee waiver must not generate over $75,000 in revenue per year; they have not received such financial statement confirmation yet; however, in conjunction with that limitation or criterion, there is the ability of the Board per that policy to change the criteria set forth in the policy at any time if it so determines. Commissioner Higgs stated based on the existing policy, the Board does not have the financial statement in hand, and it sounds like they generate more than $75,000 per year, so they would not meet the criteria; with Mr. Scott responding that is correct.

Mr. Nelson stated that is the Board's own criteria; in the last paragraph, it says the Board can waive all of it; and that is what they are asking the Board to do.

Commissioner Higgs stated Mr. Nelson had his opportunity to speak; it is time for Board discussion; and inquired is there some statement in the rules that the Board can waive the rules or does it say the Board has the ability to change the rules if it desires. Mr. Scott advised it says the Board can change the criteria set forth in the policy or approve or withdraw a waiver for any reason determined by the Board at any time. Commissioner Higgs stated the Board has the ability to change the policy or withdraw a waiver at any time; with Mr. Scott advising the Board could approve or withdraw a waiver, so it has the latitude to do that, but is not compelled to. Commissioner Higgs stated until the Board makes some determination that it wishes to change the policy, it should stick with the policy it has, and in this case deny the request; and if someone chooses to change the policy, that suggestion should come before the Board.

Commissioner Colon stated it is a great service to the community to be able to have access to the Shriners; and the Board should waive the fee because it shows a public interest. She stated if the Shriners are able to wait and allow the Board to change the policy, she is willing to do that. She stated she is concerned about the financial statement; that would have to be submitted to staff; there is no waiver of that provision; but it is a worthwhile cause which serves 413 children in the County, and it is a benefit to the public.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to deny request for waiver.

Chairman Scarborough stated he is not going to support the motion; this is an institution set in the right direction; the Board has the latitude; and he does not know if the negotiation for the property should come into consideration at this time.

Chairman Scarborough called for a vote on the motion. Motion did not carry. Commissioners Higgs and Carlson voted aye; Commissioners Scarborough, O'Brien, and Colon voted nay.

Motion by Commissioner Colon, to waive the rezoning fee for the Azan Shrine Temple, contingent upon submittal of the financial statement.

Commissioner Higgs inquired why does Commissioner Colon want the statement submitted; with Commissioner Colon responding she wants to make sure everything is taken care of. Commissioner Higgs stated they will not meet that criteria; and it seems to be inconsistent with Commissioner Colon's desire.

Motion by Commissioner Colon, seconded by Commissioner O'Brien, to waive the rezoning fee for the Azan Shrine Temple. Motion carried and ordered. Commissioners Scarborough, O'Brien, and Colon voted aye; Commissioners Higgs and Carlson voted nay.

The meeting recessed for lunch at 12:14 p.m. and reconvened at 1:08 p.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, SECTION
62-1334.5, LAND DEVELOPMENT REGULATIONS, TO DELETE PROHIBITION OF ARR
REZONING REQUESTS WITHIN 25-YEAR FLOODPLAIN

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article VI, Section 62-1334.5, Land Development Regulations, to delete prohibition of ARR rezoning requests within the 25-year floodplain.

Jerry Wall spoke in support of the staff recommendation.

There being no further comments heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Section 62-1334.5 to modify utilization area for ARR zoning classification; 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.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, SECTION
62-2117, LAND DEVELOPMENT REGULATIONS, RELATING TO ERRONEOUS
REFERENCE IN PARKING, LOCATING, AND STORING TRAILERS, BOATS, VEHICLES,
AND HEAVY EQUIPMENT

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article VI, Section 62-2117, Land Development Regulations, relating to erroneous reference in parking, locating, and storing trailers, boats, vehicles, and heavy equipment.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Section 62-2117 to remove erroneous reference, 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.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS FOR
CASSANDRA McCULLOUGH

Chairman Scarborough called for the public hearing to consider request for determination of vested rights for Cassandra McCullough.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to approve request for a vested rights determination for Cassandra McCullough to allow a residence to be rebuilt on property that does no conform to minimum lot size requirements of the Zoning Code. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS FOR
MERRITT ISLAND LODGE NO. 2073 LOYAL ORDER OF THE MOOSE, INC.

Chairman Scarborough called for the public hearing to consider request for determination of vested rights for Merritt Island Lodge No. 2073 Loyal Order of the Moose, Inc.

Attorney Leonard Spielvogel, representing the Merritt Island Moose Lodge No. 2073, stated Ray Tuttle, who is the Governor of the Merritt Island Lodge, is present to give a short presentation on the work of the Lodge.

Ray Tuttle stated the Merritt Island Lodge is part of a much bigger organization; there are approximately a million male members and approximately a half million women members of the International Moose Organization; and at the local Lodge there are approximately 2,500 members. He stated they have been challenged by Moose International to support the community; and advised of things the Lodge has done for the community, including providing facilities for the Edgewater Junior High awards banquet, supporting the Merritt Island High School cheerleaders, sponsoring three Little League teams, sponsoring a Boy Scout troop, providing funds to the Florida Sheriff's Boys Ranch, supporting Youth Summer Camps, and helping with the Special Olympics.

Attorney Spielvogel stated his client built its facility in 1979; for the last 21 years the Lodge provided parking spaces for members of the organization who visited Merritt Island from elsewhere in the United States and Canada; they provided spaces for 20 or more recreational vehicles; but in 1995 they limited the number of vehicles to 20. He stated for 20 years if they had known they were not in compliance with County regulations, they would have corrected it at that time; but they were unaware they were in violation. He stated those who use the facilities have to be members of the Moose in good standing; the time that they can stay is limited; and no charge is made for their staying there. He stated on July 1, 2001 his client was visited by the Brevard County Health Department, which was aware that there were recreational vehicles at the facility; and they required the Moose Lodge to install pump-out facilities. He noted prior to that time the recreational vehicles utilized Tingley Marina's pump-out stations; but the Health Department told the Lodge it had to install such facilities onsite, which it did. He stated they went through the permitting process and hired a firm to handle the work; and the Lodge paid $13,101.70 to Coastal Septic Services on July 9, 2001. He stated on December 12, 2001, the Lodge received notice from Code Enforcement that it was in violation of County Ordinances; and that is what brings him before the Board. He stated he had correspondence with Planning and Zoning Director Mel Scott who advised having a building permit does not give any guarantee that any other permits can be obtained; but there were no other permits required to be obtained. He stated in communicating with people in the North Merritt Island community, there were some concerns expressed about the request; but he is prepared to stipulate certain things; and there is a letter from the North Merritt Island Homeowners Association in support of the request. He stated they will limit the number of sites to 20; they will maintain the sites along the east property line, which is farthest away from Courtenay Parkway; and they will plant oleander bushes to screen the vehicles further. He stated he has a letter from the closest resident to the southeast indicating no objection to the request. He stated they relied on the request of the Health Department; they expended money in reliance; and this is something they have been doing for more than 20 years. He stated no precedent is being set; they are not asking for rezoning; their situation is unique; they have spent money in reliance; and he cannot think of anyone else on North Merritt Island who fits their circumstances, so the Board will not be deluged with other requests. He stated there may be some objections; and he would like an opportunity to respond. He submitted a letter from the neighbor to the Board but not the Clerk.

Attorney Tom Burrows, representing Mr. Jamir, stated his client owns a 25-acre grove immediately east of the subject property; he agrees the Moose Lodge is a good organization; and he has nothing against them. He stated Mr. Jamir objects; this is seen as an end-around play; they are looking for a shortcut; this will set a precedent; and inquired about burden of proof. He stated the property is AU although some of the documentation refers to it as being PIP; AU would be two units per acre; but if the 20 units are allowed, that would be on less than an acre on the back side of the Moose Lodge. He stated there is the RVP zoning category for what they want; and they can go through the zoning process; but they are using this method as a shortcut to avoid the normal zoning process. He stated the Lodge has a conditional use permit, so it understands the zoning process; and he is sure if the Lodge had contacted Mr. Spielvogel before and not after, he would also have been able to tell them that they needed proper zoning for a recreational park. He stated Mr. Spielvogel talks about this being behind the Moose Lodge; but that is from the Moose Lodge's perspective; from the perspective of the people to the rear, this will be the front yard of any homes that will be developed; and once the Board allows this, there is nothing to stop them from going to 40 units. He stated he mentioned burden of proof; they need to show they are entitled to this; this is scheduled as an appeal; the Zoning Director has already said no, they are not qualified; and if the appeal succeeds, then they do not need to go through the zoning process. He stated there has already been a decision; the Board is being asked to override that; and then they will be home free, doing just what they want to do. He stated they are basing this on vested rights because they have a permit from the Health Department for a septic tank; but in the vested rights cases he has read about someone in the government, Zoning or the Board, has authorized something that gave them reason to believe they could go forward and not comply with zoning; and he does not think anyone in government has done that.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to allow Mr. Burrows two additional minutes. Motion carried and ordered unanimously.

Mr. Burrows stated staff has already looked at this; he has seen the official file; and this was denied. He requested the Board support its Planning and Zoning staff.

Chairman Scarborough inquired if Mr. Spielvogel has time to rebut; with County Attorney Scott Knox responding vested rights are treated like zoning cases.

Mr. Spielvogel stated Mr. Burrows talks about setting a precedent and suggests he come back for RVP zoning; but rezoning would set a precedent because RVP does not exist in that area. He stated this was the concern of the North Merritt Island homeowners. He stated he was not aware that their request had been denied; he asked Mr. Scott for an interpretation of "private camp"; and Mr. Scott's interpretation did not help them. He stated he appealed to the Board under a vested rights claim because his client had expended an amount of money and there was an error on the part of the Health Department, which did not catch the fact. He stated they did not think they had a problem; and advised only the lake on the property is zoned PIP with the remainder of the property zoned AU. He stated this is a matter of a long-standing use; there are no objections; there have been no Code violations or complaints about the RV's over the last 20 years; and they have been good citizens of North Merritt Island. He stated they have the potential for a vested rights claim, and the Board has the flexibility. He stated he does not want to be construed as mean-spirited; but Mr. Burrows' client has requested to purchase property from his client because Mr. Jamir is landlocked, and the Moose Lodge does not have the authority to sell the property because it is part of a larger organization. He stated it would have been nice if Mr. Burrows had disclosed that there had been negotiations going on between his client and the Lodge that could not be brought to fruition because of the restrictions and restraints on the Lodge's authority. He stated the Moose Lodge is a good organization; it has been doing something for a long time; and requested the Board's permission to allow them to continue to do it, with no expansions, limited to 20 units, and with the stipulations he offered earlier.

Chairman Scarborough stated this should be handled as a zoning matter; and inquired if there is any reason this fails in the context of being a vested rights issue; with County Attorney Scott Knox responding that is the decision for the Board to make. Chairman Scarborough stated his question was whether this is properly placed before the Board as a vested rights issue; it is unusual; and he personally does not have a problem with it, but may be missing something. Mr. Knox stated the case that Mr. Spielvogel makes fits within the vested rights claim; and the question is whether he has proven what he needs to prove. Chairman Scarborough stated that is a separate issue; and inquired if there is something that says this cannot be heard as vested rights; with Mr. Knox responding he does not think so.

Commissioner Higgs stated it does not meet the test of being a vested right; the County did not omit or have some sort of action; the applicant applied for and was given a septic tank permit through the Health Department; those permits say you may have to get other permits; and the County did not omit anything. She stated they did not come to the County and ask if they had to have some other permission; and there is no indication that anyone on County staff did anything in error. She stated they were operating a facility; they needed a larger septic tank, and got a permit; but they did not have the zoning to operate an RV park; and the Board would be doing a disservice to the Zoning Code and the whole concept of what zoning is supposed to be by not requesting that they get the proper zoning to operate whatever it is they wish to operate.

Chairman Scarborough stated his question was not whether it met the test, but whether it should be heard as vested rights at all; sometimes with vested rights he has a problem; the Board has talked so much about what occurred with the County; but a lot of times he has asked what the applicant has done, whether they spent any money, or took any action; and in this case there is a clear-cut act in reliance. Commissioner Higgs stated there is no question they got a septic tank, but that is all. Chairman Scarborough stated the question is whether with the County's action or inaction, they were lead to an act of reliance sufficient to meet the criteria.

Commissioner O'Brien stated they have established that they have a right to ask for vested rights; the property owner acted in good faith reliance on the County's act by issuing the septic tank permit; and they spent $13,000. He stated this has been an ongoing activity for 29 years; the staff report says the vested rights claim is based on the applicant's alleged good faith belief that RV park facilities have existed on the property for many years, are consistent with County regulations, and were further endorsed by the County via the issuance of onsite sewage disposal permits by the Health Department. He stated he thinks they have a vested right; the North Merritt Island Homeowners Association also recognizes and appreciates the civic commitment of the local Moose Lodge; however, there is concern that the Moose Lodge action, if not properly restricted, will result in the parking of numerous RV's at the facility, such that it would appear to be a RV park rather than a Moose Lodge; and there is concern about the aesthetic appearance along SR 3. He requested the Moose Lodge keep all RV's parked behind the Lodge facility such that they are not viewed from SR 3 or develop appropriate landscaping to restrict the viewing of the RV's from SR 3. He stated the Association has no objection to the vested rights issue; it is in the vested rights limit that they allow a maximum of 20 RV's to be parked at the back of the Moose Lodge at no charge; and they should accommodate by putting

the sites on the side of the building with a landscaping buffer to make them unseen from the neighbors or SR 3.

Motion by Commissioner O'Brien, seconded for discussion by Commissioner Carlson, to approve the vested rights determination for the Moose Lodge No. 2073, with maximum of 20 RV spaces, RV's to be placed on the east side of the building, and landscaping to prevent RV's from being visible from SR 3.

Commissioner Carlson stated in looking at the good faith reliance on the County's act or omission, the omission would be the lack of any action by the County for over 20 years; and she knows the County is not proactive, but there have been no objections in that period of time. She stated it would be nice to go by zoning, but the County has allowed this to occur for 20 years; and now it cannot say they cannot do it as it has been a continuous omission.

Commissioner Higgs stated two years ago the Health Department ceased to be a part of the County and became a part of the State, so there was no County employee who did not perform a put-together of zoning; and it was actually a State employee acting in his or her capacity. Commissioner Carlson stated she thought that just recently they were County employees who became State employees; with Commissioner Higgs responding two years ago they did, and when the septic tank permit was issued, they were State employees. Assistant County Manager Peggy Busacca advised they have been State employees for two years, and the entire program is operated by the State with the County having no oversight.

Discussion ensued on the change from County to State for Health Department employees.

Chairman Scarborough stated the act of omission was not notifying them that they were in violation over an extended period of time; therefore, when they acted upon what they heard
from the State and expended funds, that was irrelevant because they may not have expended funds if it were not for the fact that there has been no Code Enforcement action. He stated they may have acted differently but did not because of an ongoing omission.

Commissioner Higgs stated she wants to clarify it was not the County that issued the septic tank permit, so there was no omission by a Brevard County employee. She stated the Board has to be careful in talking about how there is no recognized complaint; it is asking her to say there is a vested right because no one has come forward with Code action; and that gets to be very dangerous. She stated someone could see a sign on the street; and inquired at what point does it become a vested illegal sign, five years, ten years, or twenty years. She reiterated this is a very dangerous path.

Chairman Scarborough stated there is the additional item of having expended funds. Commissioner Higgs stated there was not an act of omission by the County; and the Lodge expended funds to get a septic tank. Chairman Scarborough stated Commissioner Higgs said every sign would be vested. Commissioner Higgs stated they could build a new sign, and it will be everywhere. Chairman Scarborough stated the question is did they get a permit, and at what point do you have some action to find it to be a vested right. Commissioner Higgs stated if the County actually did something like giving them a letter and they then expended funds, then giving them bad information would become a vested right; in this case they were in violation on the septic tank; the State of Florida required a different tank, and they got one; but it was not the State's job to say they had to have the right zoning; and she does not see that this is a vested right. Chairman Scarborough stated it can be handled as a zoning matter; with Commissioner Higgs advising that would protect the rights of others as well.

Commissioner Carlson inquired if there is something that can be precedent setting based on what the Board is talking about; and is there something out of the ordinary or could this be duplicated down the road by other things. She stated the County turns its head because it is not proactive; there are tons of stuff that the County has not looked at; and inquired would they have a right to come in for vested rights to keep an ugly sign or whatever. Mr. Knox responded assuming they had access to this decision, they could claim that the Board let them go this time because no one told the applicant they were doing anything wrong for a period of 30 years, so someone could use it against the Board, saying it did it for this applicant and should do it for them. He advised every case is unique; this one has been going on for many years; the next case may be five years; and the answer is yes, this could be used as a precedent, but the likelihood of that happening is something the Board has to gauge. Commissioner Carlson stated the qualification for this is that potentially there may have been an omission at some point by the County or State; the State gave the permit; but there were actions by individuals who identified the need for the septic tank; and questioned who employed those individuals.

Chairman Scarborough stated there is the comment that other permits may be required; normally a vested rights discussion revolves around who said what to whom and at what time, and there is extensive discussion; but this is unusual. He stated Commissioner Carlson had one hypothesis about an act of omission. Commissioner Carlson stated she does not want to set a precedent, and does not think the Board needs to; and potentially there was an omission by the County by not dong anything and allowing the use to be there.

Commissioner Higgs stated if the Board is going to consider that the failure to enforce a Code over a period of time may go into the vested rights framework, it should ask the County Attorney to give it a thorough memo on the issue.

Motion by Commissioner Higgs, to continue the public hearing for 30 days.

Chairman Scarborough requested Commissioner Higgs hold the motion as it may be possible to dispose of the item with a little more discussion.

Attorney Spielvogel stated he failed to submit a copy of the permit, which reads Brevard County, Florida; he does not know when the transition was made, but the permit says State of Florida, Department of Health, Brevard County Health Department; the onsite sewage disposal permit is entitled Brevard County; Florida and all their checks were written to the County. He stated he does not know the hierarchy or what the relationship is, but they dealt with and relied on the County.

Attorney Burrows inquired if there were gambling going on at the Moose Lodge, and the Sheriff had done nothing about it for 15 years, would they be allowed to then continue the gambling because they got by with doing something wrong for 15 years. Chairman Scarborough stated this was clearly a septic tank for an RV park; and if someone came in for a septic tank for illegal gambling, it would be a whole different scenario. Attorney Burrows stated if the Commissioner is saying that it is going to a situation of vested rights because someone has been doing something and getting by with it, that is a different road the Board should not be going down.

Commissioner Colon stated this should be tabled for at least 30 days; she does not want to set a precedent; and if it was tabled the Board could make a better decision.

Commissioner O'Brien stated Mr. Spielvogel brought forth the key piece of evidence that the Board's early argument questions; the permit said Brevard County; the checks were made to the County, not the State; and it is blatantly evident that they acted in good faith reliance. He stated he sees no good reason to table this because the motion on board is for approval with some landscaping working as a buffer between the property owner adjacent to him and as a visual buffer from SR 3, as requested by the North Merritt Island Homeowners. He stated the Moose Lodge agreed to those things with no problem; if the Board keeps tabling things, it is going to have more meetings and hours spent rehashing the same thing all over again; and they have proven their case for vested rights beyond any doubt.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to continue the public hearing to consider a request for vested rights determination to allow the Merritt Island Lodge No. 2073 Loyal Order of the Moose, Inc. to operate an RV park with inconsistent zoning to August 13, 2002. Motion carried and ordered; Commissioner O'Brien voted nay.

Chairman Scarborough advised the Board will get memos from the County Attorney and the Planning and Zoning Director because it is more than just a legal question. Commissioner Higgs stated either of the attorneys involved could also submit legal arguments on the case.

RESOLUTION, RE: ESTABLISHMENT OF COMMITTEE TO REVIEW SPECIAL MASTER
PROCEDURES

Jerry Wall, representing the West Canaveral Groves Homeowners Association, stated the creation of a committee is a move in the right direction; during the past January, December, and April meetings, many questions were posed as to Code Enforcement and Special Master rules and procedures; and while some of the questions posed may not have been properly phrased, they should not be construed as attacking County government and/or individuals. He stated he has been told he must be careful as to who he aligns himself with because he could lose his credibility with the County; and advised he is not aligned with anyone, but is aligned with the idea of pursuit of truth, justice, and the American way. He stated they need something more than what they had in the past, but something sort of what was proposed on April 16; and a committee is a step in the right direction.

Janis Walters encouraged the Board to establish the committee to review the Special Master process and the hearing rules; stated currently there are no set rules for the conduct of the hearings; and something is wrong when each case is handled differently. She stated everyone should know beforehand what to expect when they step into the hearing room; the Code Enforcement written policies seem to be okay; but there are either no procedures in place or they are not being followed. She stated something is wrong when cases are referred to the Special Master when the investigation remains incomplete and there is no description of the alleged violation in the record; the review committee is much needed; and suggested support staff assigned to the committee not be associated in any way with Code Enforcement, Permitting and Enforcement, or any other department that refers issues to the Special Master. She stated the committee will have enough to consider without worrying about support staff pushing their own agenda to make their jobs easier at the expense of the accused; the rules and procedures presented in April were biased; and advised the County can do better.

Curt Lorenc stated the Board is being asked to approve a committee to review Code Enforcement policies and procedures; and he would like the Board to instruct the committee to craft reasonable hearing rules. He stated for the past six years there have been no formal rules; there have been different rules for each person being heard; currently there are many areas where the County Ordinance and policies regarding the Special Master process do not follow State law; and those need to be brought into compliance. He stated currently the County makes the rules, enforces the rules, and sits in judgment on the rules; and the County needs a process that is simple and fair for all citizens to follow. He recommended the Board give the committee clear directions on the sort of rules and procedures it would like for the hearing process; stated it is important to have it open to public comment; and it would be nice to have a secretary and County Attorney present. He suggested Assistant County Attorney Shannon Wilson or Eden Bentley would be excellent. He stated it is important to outline the areas the Board wants the committee to cover, such as how witnesses are treated, the criteria for decision by the Special Master, how subpoenas are handled, etc. He stated the process needs improving; and that can be done with the committee.

Commissioner Higgs inquired how will the committee be staffed and will there be a County Attorney available. County Manager Tom Jenkins stated that work would be done by a representative of the Central Services office, which is also the staff to the Special Master, but other than that has no involvement in the Code Enforcement process, so there would be a separation, excluding the fact that the person is also assistant to the Special Master. He stated having the County Attorney's office represented would be a necessity if there are going to be legal discussions; and he thinks it would be necessary to have an Assistant County Attorney present to assist.

Chairman Scarborough stated the term "professional" is used; and inquired what is the definition; with Mr. Jenkins responding that is the term the Board used. Chairman Scarborough stated he was concerned about the more formal civil rules of procedure; when they go to summary claims court, they are suspended or made more gentle because they can become a burden on the uninformed, giving an advantage to those represented by attorneys; and suggested if the Board looks at professionals, it should consider an attorney who deals in the summary claims court matters. He stated the desire is to protect a person's rights, but not with so much formality that it gets in the way of the uninformed because some people may have difficulty for various reasons, such as English not being their native language. Mr. Jenkins stated they were thinking about attorneys or anyone working in the Code Enforcement process outside of County government. Chairman Scarborough stated there were some comments that he was concerned about last time, that by formalizing it, it was doing people a favor when the reverse might be the case. He stated the Board may wish to draw categories for appointments. Mr. Jenkins stated if the Board adopts the resolution, he has prepared slips for the Commissioners to draw, and then make the appointments at a subsequent meeting. Chairman Scarborough stated if it is acceptable to the Board, he would like to seek one of the attorneys that he described, if he may opt out of the drawing. The Board reached consensus to allow Chairman Scarborough to appoint an attorney. Commissioner Carlson stated besides the professionals, there would be knowledgeable citizens; and requested a caveat be that knowledgeable citizens be those who may have had some experience with boards.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution creating an advisory committee consisting of professionals and residents to review current, proposed, and appropriate procedures utilized for the Special Masters process, and to make recommendations, providing for purpose, establishment and dissolution, membership and organization of the committee; providing for powers, functions, and duties; providing for compliance with open government laws; providing for an effective date. Motion carried and ordered unanimously.

Mr. Jenkins distributed slips with categories for appointments.

Commissioner Carlson inquired when will the appointments be done; with Mr. Jenkins responding at the Board's earliest convenience. Chairman Scarborough requested all Commissioners make their appointments at the next meeting on July 23, 2002.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to extend the date for the Committee's report to October 1, 2002. Motion carried and ordered unanimously.

Chairman Scarborough inquired if the Board is going to formalize the appointments or will the Commissioners just call them in to Mr. Jenkins; with consensus reached to call in appointments to Mr. Jenkins. Chairman Scarborough advised he will appoint an attorney, Commissioner O'Brien will appoint a professional, Commissioner Higgs will appoint a citizen, Commissioner Carlson will appoint a professional, and Commissioner Colon will appoint a citizen.

PERMISSION TO CONTINUE NEGOTIATIONS, RE: PURCHASE OF PROPERTY FOR NEW
SOUTH BREVARD TRANSFER STATION

Assistant County Manager Stephen Peffer stated on May 21, 2002 when this was last brought before the Board, several members from the City of Palm Bay came to address the Board; and they raised objections to the proposed site on the western end of Malabar Road. He stated prior to that meeting, staff met with the City staff and explained the rationale of the decision and the reasons they chose the site; and City staff was welcoming, but objected on May 21, 2002. He stated this has come to the Board a number of times and been postponed a number of times; that has not worked well; and it is time to redirect efforts to determine if another site might make more sense. He stated the idea behind the transfer station is to reduce the collection cost to the population; this was offered to the City of Palm Bay, similar to what was offered to the Cities of Titusville and Melbourne; and it is the City of Palm Bay that would benefit and has the decision to make. He stated the County does not wish to force the City to accept the transfer station if they do not wish to have it; and there are three recommendations, which are not mutually exclusive. He stated the first is to cease further efforts to acquire a transfer station within the City's waste centroid and to redirect efforts in the South Brevard area to revisit the sites that were identified in the prior study to see if anything else makes more sense, and to determine whether it would be cost effective to locate in a different area to provide benefit to the citizens further south in the County, such as Barefoot Bay, Micco, and Valkaria. He stated they are recommending extending an offer to the City to explain the County's rationale and the benefits that the City might incur if the transfer station was located close within its boundaries; Sue Hann, representing the City of Palm Bay, invited the County to address the Palm Bay City Council; and staff is willing and happy to make that presentation. He stated they are always happy to share the information the County gathers with the City staff and the City Council, to give them the benefit of the work that has been done that led to the decision; and staff will provide any additional information that might come out of further studies for the City's benefit.

Chris Norton, Director of Planning and Economic Development for the City of Palm Bay, on behalf of the Mayor and City Council of Palm Bay, expressed appreciation to the Board and staff for involving the City in the site selection process; stated it is an excellent example of intergovernmental coordination; and staff headed by Mr. Peffer and Mr. Rodriguez have been most cordial. He stated staff came down and met with the City several times; they gave all sorts of information to the City's staff and the City Manager; and as a result, he came back to the Board on May 21, 2002 to express concerns about the selected site. He reiterated thanks to the Board for listening to the City.

Commissioner Colon stated the recommendation by the Acting City Manager is to allow County staff to have an opportunity to do a presentation; and she would like the Board to support that.

Commissioner Carlson inquired to what end is there going to be another presentation; with Commissioner Colon responding they were done individually before, but this time it will be before the whole City Council. Mr. Peffer stated staff would be happy to do it for the entire City Council; some of the earlier findings were presented to members of the City Council who are no longer there; so, staff would like to make sure everyone is fully apprised of all the information. Commissioner Colon stated the specific site in question is not supported by the City Council; and she wants to allow an opportunity to start different discussions. She advised in November there is an election; four of the City Council members are running, leaving only one who will definitely be there in November; and requested the Board recognize that the City does not want the specific site in question.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to stop negotiations on the Palm Bay site.

Commissioner Higgs stated part of the City of Palm Bay is in District 3, but a larger area of District 3 is unincorporated; and she is concerned that the Board not abandon the whole concept of looking at sites that might serve the unincorporated area. She stated if the City is not interested, that is fine; it has the contract for its collection, so that is the City's issue; and she is concerned about keeping the rates down for collection in the unincorporated area. She stated she did not like the site to start with; it was not well located close to the centroid of waste the County is trying to serve; and recommended the Board proceed to look at the cost effectiveness of a smaller site that might serve as a transfer station in the unincorporated area.

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

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to redirect efforts to the potential of a smaller transfer station site located in the unincorporated area of the County. Motion carried and ordered unanimously.

PERMISSION TO ISSUE PERMIT, RE: INSTALLATION OF SHED AT 4125 LITTERALL
LANE, VALKARIA

Commissioner Higgs advised the individuals making application are not present.

STAFF DIRECTION, RE: REVOCATION OF CONDITIONAL USE PERMITS APPROVED
PRIOR TO AUGUST 10, 1999

Chairman Scarborough stated chronological order seems to make sense; but there are several different ways to revoke the conditional use permits. Commissioner O'Brien stated he agrees.

Chairman Scarborough stated the next issue is how many to do each month; there is an enormous number that would cover a multi-year period; and inquired what are the Commissioners thoughts on that. County Manager Tom Jenkins inquired how much staff time will it take. Planning and Zoning Director Mel Scott stated staff has already done the legwork to research over 4,000 Conditional Use Permits; and 1,100 are qualified to have revocation proceedings begin. He stated mail-outs have been sent to the 1,100 twice; and they have been in contact with people over the past three years who want to use their CUP's, and have advised they need to proceed if that is their intention. He stated if the Board takes oldest first, it is more likely that the property owners will no longer have an interest in them as they can be ten to twenty years old; and the Board may want to start with 100 to see how it goes. Chairman Scarborough stated if it starts to bog the meetings down, the Board can always back off. Mr. Scott stated staff has the ability with the database that if a property owner were to request an additional year, they could put a tickler in the database; and the Board may be able to take care of the easy ones fairly quickly and give the ones still debating whether or not to use the CUP additional time. Mr. Jenkins inquired if the intent is to do these at zoning meetings; with Mr. Scott responding affirmatively. Mr. Scott stated they would parallel the strategy they used on the South Beaches when the Comprehensive Plan Amendments that reduced density translated to thousands of properties being administratively rezoned; and hundreds of them were done at a time.

Chairman Scarborough stated doing them 100 at a time would be an 11-month process. He inquired if 100 at a time going reverse chronologically would be acceptable.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve revoking Conditional Use Permits in reverse chronological order, 100 at a time. Motion carried and ordered unanimously.

APPROVAL TO SUBMIT, RE: EMERGENCY SHELTER GRANTS PROPOSALS TO
FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES

County Manager Tom Jenkins stated there are two different grants shown on two different sheets; and one requires a match and the other does not.

Chairman Scarborough stated there was some problem finding the $168,000; and inquired if staff found it. Housing and Human Services Director Gay Williams responded they were initially requesting $168,234; but they have been able to locate $32,000 from the CDBG; so the request is now for $136,234, which would be $50,000 from this fiscal year and $86,234 from next fiscal year.

Chairman Scarborough requested Ms. Williams describe the program and what it means. Ms. Williams stated the first program would authorize application for $100,000 to provide cash assistance for short-term subsidies to defray rent, utilities, and other programs and activities designated to prevent the incidence of homelessness; and the second request would create 56 shelter beds that are needed in the County for homelessness. Chairman Scarborough stated part of the discussion will be the issue the Board will be considering on July 23, 2002 part of which is criminalizing homelessness without having an alternative. Ms. Williams stated staff was tasked with identifying a humanitarian strategy to address the "no camping" ordinance the Board will be considering; and these items would speak to the concerns the Board has. Chairman Scarborough stated the Board's failure to provide alternatives may subject it to court challenge on the ordinance.

Commissioner Higgs inquired if the grant has to be submitted next week; with Ms. Williams responding yes. Commissioner Higgs stated the Board will not even begin to get into the budget; staff has identified some money from this year's budget; but the Board would have to look at the rest during the budget consideration. She stated the first grant does not need a match; but on the second one the Board does not even know if it will get it; and suggested authorizing the submittal and working through the budget process to identify the funds.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve submittal of Emergency Shelter Grants for $200,000 requiring a cash match of $168,234, and $100,000 to the Florida Department of Children and Families; and authorize the Chairman, County Manager, or designee to execute Application Forms and Certifications associated with the grant submittal and contracts upon award, contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

PUBLIC INTEREST DETERMINATION, RE: PROPOSED MAINTENANCE DREDGING OF
TUCKER CHANNEL

Steve Lumbert, Environmental Consultant representing Dan Winkler with Certified Building Corporation, concerning the Tucker Channel Maintenance Dredging Permit, stated permits to dredge the Tucker Channel were issued in 1968; in 1978 they were modified to extend the channel 600 feet waterward, 50 feet wide, and 7 feet deep, and to install channel markers; and that created a publicly accessible navigational channel. He stated since the last time the channel was maintained, it has filled up with black muck containing fine silts and clays, which are harmful to the water quality and ultimately to local marine life; the Army Corps of Engineers and Department of Environmental Protection recently issued a maintenance dredging permit to restore the Tucker Channel to its original depth and width; and by doing so, they will remove all the existing muck. He stated the permits were issued because the owner proved to the satisfaction of the State and federal governments, using aerials and historical Army Corps of Engineers permits, that the channel dredging was lawfully authorized and completed; and traditionally the State and County have considered removal of muck to be in the public interest as it improves water quality. He stated the need for seven feet in depth seems to be an issue, but it evolves from the need to remove all the muck, and will keep boats with drafts from five to six feet from prop dredging, which would cause turbidity every time boats enter or leave the channel. He stated there may be a misconception about the width of the channel; the permits call for 50 feet; that is primarily in the impact area; and what they will do is dredge the center of the channel to seven feet, and the width they would be dredging would be 15 to 25 feet, creating a U-shaped channel with the edges being around the 50-foot edge, but not extending out. He stated the February 26, 2002 Agenda Report says that staff has concluded that the State approved maintenance dredging meets the public interest criteria, and that it will not deepen or widen the channel, and removing the silt will improve the water quality. He stated the spoil material will be placed on the upland property adjacent to the channel; it will be bermed and silk-screened; and all the bad material will be hauled to the landfill, with the better material spread over the site.

Commissioner Higgs stated the County Code says that dredging and filling shall not be permitted and/or connected to Class 2 waters, Outstanding Florida Waters, aquatic preserves, or conditionally approved shellfish waters unless the activity is clearly in the public interest, such as maintaining dredging on existing public navigational channels; but the channel in question goes to a single-family home. She stated it was approved and dredged in 1968; but in spite of repeated attempts, she has not been able to get a copy of the Corps of Engineers permit. She stated dredging a channel such as this would not be permitted under current rules and regulations; a 50-foot channel, 600 feet long, and 7 feet deep is huge, and could float a very large boat; there is some legitimacy in the applicant's request to be permitted to remove some of the accumulated silt; however 50 feet, 600 feet, and 7 feet are extreme and unnecessary. She stated according to the maps, the 4.5 depth line goes out to approximately 300 feet; at that point it gets to the six-foot depth; and 300 feet, 4.5 feet deep and 25 feet wide would be a reasonable accommodation to the existing channel.

Motion by Commissioner Higgs, to approve maintenance dredging of the Tucker Channel for 300 feet, 4.5 feet deep, and 25 feet wide.

Mr. Lumbert stated 4.5 feet will not work; the whole system has been built to accommodate a large vessel with a five to six-foot draft; and if it is 4.5 feet, the vessel could not get in, and if it tried, it would deepen the channel, which is not the way they want to do that. He stated this has been maintained; it has been dredged to depths that were approved before; environmentally it should not cause any more problems than what it has in the past; and they would be improving it by removing the muck. He described an area 50 feet in width; and stated they are not going to be dredging the whole thing, just 7 feet deep and 50 feet wide, so the whole area is not going to be dredged. Commissioner Higgs stated she heard Mr. Lumbert's explanation the first time.

Commissioner Scarborough inquired after leaving the channel, what is the depth of the lagoon; with Mr. Lumbert responding the depths get to nine feet, but the charts are not totally correct. Chairman Scarborough inquired what is the shallowest depth one gets to leaving the channel when they hit the lagoon before hitting the main channel; with Mr. Lumbert responding it is three feet depth at 100 feet from shore; and as one gets out 500 to 600 feet, it drops down to six or seven feet. Chairman Scarborough inquired how does one get from point A to point B if there is a bar there; with Mr. Lumbert responding the channel through it already exists, but is filled in with black muck that extends down six to seven feet, and by restricting the depth to 4.5 feet, it could not take a 50-foot boat and would end up with prop dredging, which would not serve anyone's interest.

Commissioner Higgs stated in 1968 it was permitted; but Codes do not allow that kind of dredging any more; since it has not been dredged since 1968, the bottom has recovered in a number of places; and reasonable accommodation to a fairly large boat would be out 300 feet in the existing dredged area, 25 feet wide, and 4.5 feet deep.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve maintenance dredging of the Tucker Channel out 300 feet, a width of 25 feet, and to a depth of 4.5 feet. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: FY 2003-2004 LEGISLATIVE APPROPRIATIONS REQUEST

County Manager Tom Jenkins stated they try to do the appropriations requests as early as they can to get them in the State agency budgets; and they have accumulated a number of funding requests that they will try to get in the State budgets.

Chairman Scarborough stated he spoke to Carol Laymance about the Max Brewer Bridge; and requested staff be careful in how it is stated, and include the expertise of John Denninghoff in an engineering report. He stated lower levels need to buy off on the language before it gets to the upper levels; and this is where they got in trouble with the Governor's veto. He stated Max Brewer Bridge should be included in a format that has been run through everyone up and down the line; and it is moving in the right direction, but if it fails, it fails big.

Commissioner Carlson stated Senator Posey will be coming to the Board to give an update to see if some things are worth carrying on to next year. Mr. Jenkins stated the Board will get a report on the past session. Commissioner Carlson inquired if it would be better to discuss this item at that time. Mr. Jenkins stated the County loses nothing by asking. Commissioner Carlson stated previously legislators have asked the Board to prioritize so they know where to really focus; and inquired if there are areas where there is a better potential to get the money, should the Board focus on those. Chairman Scarborough recommended the Board let the Delegation help to prioritize. Commissioner Carlson inquired when is the next strategic planning workshop; with Mr. Jenkins responding it will be part of the budget process. Commissioner Carlson inquired if it can be done before the first budget hearing; with Mr. Jenkins responding that can be done. Commissioner Carlson stated she would like it to be attached to align the priorities with the appropriation request.

Commissioner Colon stated Representative Needelman and representatives from agencies met with her to identify needs in the community; she appreciates that; and she hopes the other legislators will do the same.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve list of Legislative Appropriation Requests for FY 2003-2004. Motion carried and ordered unanimously.

APPLICATION AND ACCEPTANCE, RE: NATIONAL INSTITUTE OF JUSTICE, CRIME
LABORATORY IMPROVEMENT AND LOCAL LAW ENFORCEMENT BLOCK GRANTS

Sgt. Wayne Butler, representing the Sheriff's Office, stated they are requesting application and acceptance of a National Institute of Justice competitive grant for crime scene and laboratory improvement; and it will be $4.8 million nationwide with approximately 18 awards. He stated Sgt. Scott Armstrong will explain why the equipment is needed by the Crime Scene Unit.

Commissioner Higgs inquired when would it be needed; with Sgt. Butler responding next fiscal year.

Sgt. Scott Armstrong stated the field of crime scene investigation is ever evolving; 15 years ago DNA evidence was just starting to be accepted in court; and now along with fingerprints, it is one of the most convincing and convicting aspects of court evidence. He advised he and four other people handle all the cases; since 1993 the demand has at least doubled; in 1993 there were 1,105 cases; and in 2001 they handled 2,226 cases. He stated the increase has hit all areas of law enforcement; FDLE offers laboratory forensic services; however, they have had to cut services, and among the things they cut are document handwriting analysis, trace fiber analysis, and even some of the basic processing services. He stated some of the services have such a backlog that it is 18 months to two years before an investigator gets the results of a test; some items have been pulled back and sent off to the FBI; however, in the wake of September 11, the FBI is reorganizing its structure and process; and according to an Associated Press release on June 4, the Director has proposed shifting investigative efforts to basic terrorism, which would move more responsibility for everyday criminal activity to local law enforcement. He stated this means local law enforcement will have to become more self sufficient in the area of crime scene processing and forensics; requests have been made for federal funding; and the negative aspect of not getting the equipment will be the inability to properly process evidence, which may mean that evidence could be lost and there would be unsolved or unresolved cases. He requested the Board consider the proposed grants to purchase the needed equipment.

Sgt. Butler stated he is present to answer questions about the Law Enforcement Block Grant; and it was originally on the Consent Agenda, but was moved to New Business.

Commissioner Higgs inquired if there is a way to use the money in the Block Grant for the $81,000 local match; with Sgt. Butler responding federal money cannot be used to match other federal money, and it must be a local match. Commissioner Higgs inquired if the local block grant, needing the $32,000 match, is in the next fiscal year; with Sgt. Butler responding that would be available immediately upon the Board's approval; and the application deadline is July 14 to accept the money. Commissioner Higgs inquired if the $32,000 is needed in this fiscal year; with County Manager Tom Jenkins advising it is $25,000. Mr. Jenkins clarified the other two would be the School Board and Children's Services Council. Commissioner Higgs inquired if the Board is only responsible for $25,000, but it is needed in this fiscal year; with Sgt. Butler responding that is correct. Commissioner Higgs inquired what is the source of that match; with Sgt. Butler responding the General Fund of the County. Commissioner Higgs inquired if that is available; with Mr. Jenkins responding there is $100,000 left in Contingency, which started at $400,000. Commissioner Higgs inquired if Contingency is where the Board would get the $25,000; with Mr. Jenkins responding unless the Sheriff could use the Local Law Enforcement Trust Fund; and inquired if that is a possibility. Sheriff's Financial Director Deborah Barker inquired if Mr. Jenkins is speaking of the Trust Fund Forfeiture money; with Mr. Jenkins responding yes. Ms. Barker advised they had not anticipated using those funds towards this grant; they might consider allocating some of those to the Crime Laboratory Improvement Grant; but their thought primarily was on the command post vehicle, which is an Emergency Management function that is under the Local Law Enforcement Block Grant. She stated although it is a Sheriff's Office vehicle, it will be used by Emergency Management for the public safety-hurricane type needs of the County. Commissioner Higgs inquired if the Sheriff already had a mobile command post; with Ms. Barker responding no. Mr. Jenkins clarified the Sheriff does not have one as described in the item; the County has been working with the Sheriff for some time looking for a grant source to get a state-of-the-art command center with radio communications; the Fire Department used to have an old bus that was very inadequate; and this is more in terms of today's technology and reliability. Commissioner Higgs inquired if the Fire Department will be able to use it as well; with Mr. Jenkins advising the Sheriff will make it available for anyone needing the command center. Ms. Barker continued it is an emergency response vehicle for the Sheriff's Office, but will be used for emergency management for the protection of the County under emergency management situations.

Chairman Scarborough advised General Funds do not come from the MSTU, but from all; and inquired if it would be available to the individual police departments as well; with Ms. Barker responding not to her knowledge. Mr. Jenkins stated any time there is a major crisis somewhere in the County, the Sheriff gets involved; the County also has Emergency Management responsibilities Countywide, so General Fund would be an appropriate source. Chairman Scarborough stated if it was going to be used with the individual police departments and funded from General Fund, the Board may want to look for contributions from the individual cities.

Mr. Jenkins inquired what did Ms. Barker say the Sheriff wanted to use the Law Enforcement Forfeiture Fund for; with Ms. Barker responding she said they would consider offering some portion of the available forfeiture dollars for the match for the technology grant. Commissioner Higgs inquired how much of the $81,000 could Ms. Barker come up with; with Ms. Barker responding the Sheriff is prepared to match approximately half or $40,000 on that.

Commissioner O'Brien inquired how much does the Sheriff have in General Fund; with Ms. Barker responding it is July so it would probably be approximately $1.8 million for the payroll functions for law enforcement. Commissioner O'Brien stated some of the General Fund was for the DARE officers that no longer exist. Ms. Barker agreed DARE was a function of the General Fund.

Commissioner Higgs stated if the Sheriff is going to come up with $41,000 now, they may look in the budget for the other $41,000 in the next fiscal year. Ms. Barker stated that match would be in the next fiscal year. Commissioner Higgs stated if the Board agreed to the $41,000 today, which is half, it would fund the other $41,000 in the budget. Ms. Barker inquired if the Sheriff and the Board would split the match requirement for the technology grant; with Commissioner Higgs responding yes, the Sheriff would pay half out of the Forfeiture Fund. Ms. Barker inquired if the remaining half would come from the General Fund; with Commissioner Higgs responding the Board will find the money someplace. Ms. Barker inquired if the Board will match the $25,000 needed for the command center; with Commissioner Higgs responding the Board had not discussed that yet.

Commissioner O'Brien stated he does not know why the Board has to approve this when the Sheriff could put it in his budget in October. Commissioner Higgs advised the Sheriff will find half of it in the forfeitures, and the rest will be negotiated in the budget. Ms. Barker stated if everyone works together today, both could be funded; and they are very much needed.

Commissioner Higgs inquired about taking the $25,000 match from the forfeitures; with Ms. Barker responding there is an available balance of approximately $60,000; she just committed $41,000 to the technology grant match; she needs to keep a few available dollars; and $20,800 is not much of a cushion. Commissioner Higgs suggested the Sheriff put forth $10,000 and the Board will take the other $15,000 from Contingency; with Ms. Barker agreeing. Ms. Barker stated $25,000 would be needed today; and inquired how much the County would do; with Commissioner Higgs responding $15,000 with the Sheriff doing $10,000.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve application and acceptance of a National Institute of Justice, Crime Laboratory Improvement Program Grant of $245,710 with $41,000 match to come from Sheriff's forfeiture fund, and remaining amount of approximately $41,000 to be negotiated in the upcoming budget process for FY 2002-2003. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve application, acceptance, and utilization of the Brevard County Award of the 2002 Local Law Enforcement Block Grant (LLEBG) from the Bureau of Justice Assistance in the amount of $256,132, with the County's match to be $15,000 from Contingency and $10,000 from the Sheriff's forfeiture funds; extend the authority of the LLEBG Advisory Board as established in Resolution No. 97-208 and reappoint the existing members or their designees, Sgt. Wayne Butler, William Sidoran, Diane Scott, Gay Williams, Jan Lokay, Wayne Holmes, and Deborah Kirk, through September 2003; and authorize the County Manager or his designee to execute all agreements pertaining to the grant. Motion carried and ordered unanimously.

Commissioner Carlson stated the Town of Palm Shores contacted the County for assistance in the repair of a recently failed culvert; without the repair a road collapse is imminent with the potential to block drainage from the unincorporated areas within District 4 as well as restricting access to many residences within the Honeybrook Subdivision; and as approximately 4,000 acres of the unincorporated area discharge through the culverts, it is imperative that the culvert be fixed soon.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to acknowledge the request for assistance by the Town of Palm Shores for emergency repairs to failing culverts adjacent to Honeybrook Lane; and authorize execution of an Interagency Agreement with the Town of Palm Shores. Motion carried and ordered unanimously.

BCC POLICIES, RE: DENIALS OF ZONING ACTIONS AND APPROVAL OF BINDING
DEVELOPMENT PLANS

Commissioner Higgs stated Directive III.A on the second page assumes a denial; it would be erroneous to assume a denial as there needs to be a finding of fact; and recommended amending III.A to read, "Where the Board of County Commissioners has stated its intended action in a rezoning action, the public hearing will be closed. As a part of the intended action, the Board may direct the County Attorney . . . ." She stated it no longer assumes it is a denial, but is just an intended action.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve BCC Policy to establish procedures for the denial of zoning actions and findings of fact after a motion for denial by the Board, as amended, and BCC Policy to establish procedures for the review and approval of binding development plans. Motion carried and ordered unanimously.

REVISION OF BOARD POLICY BCC-36, RE: LEGAL SERVICES WITH OUTSIDE
COUNSEL

Chairman Scarborough stated the policy deals with outside counsel; it talks about counsel providing the Board with copy of pleadings, but does not set a time limit; and recommended simultaneous with any filing of pleadings, the Board needs to receive a copy.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve Policy BCC-36, Legal Services with Outside Counsel, as amended. Motion carried and ordered unanimously.

Commissioner Higgs suggested the Board consider having a selection committee of attorneys who work for the County to look at potential outside counsels as opposed to searching for outside counsel as each issue comes up. She stated with every other consultant, there are selection committees; and if Mr. Knox could identify a few areas that the County may need outside counsel, it would be possible to search and have a committee to look at the firms. Chairman Scarborough stated it would be pre-qualifying. Commissioner Carlson stated it would be like having them on retainer; with Commissioner Higgs advising the Board may want to consider having them on retainer so they are ready to go. County Attorney Scott Knox advised he will come back to the Board with a report.

EMERGENCY SITUATION, RE: DEER RUN

Commissioner Colon stated there has been a lot of rain, and as a result there have been some issues in Deer Run; and the St. Johns River Water Management District would like the County to send a letter explaining the emergency there.

Assistant County Manager Peggy Busacca stated staff is preparing to submit a request to the St. Johns River Water Management District to put recovery devices to allow the water to flow off more quickly from the Deer Run Subdivision into the Sottile Canal; and requested the Board state this is an emergency situation so the County can request emergency authorization without waiting to go to the District Board, which could take up to 90 days.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to declare the situation in Deer Run an emergency to allow staff to request emergency authorization to install recovery devices to allow water to flow more quickly from the subdivision into the Sottile Canal. Motion carried and ordered unanimously.

PERMISSION TO SEND LETTERS, RE: LEGISLATIVE APPROPRIATIONS REQUESTS

County Manager Tom Jenkins stated when the Board considered the Legislative appropriations, he failed to ask for permission for the Chairman to send letters to appropriate people at the State level.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Chairman to send letters to appropriate people at the State level concerning legislative appropriations. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 2:52 p.m.

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TRUMAN G. SCARBOROUGH, CHAIRMAN
ATTEST: BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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