The Board of County Commissioners of Brevard County, Florida, met in regular session on February 15, 2000, at 5:40 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Gordon Strongitharm, Tabernacle Church of Melbourne.

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

REPORT, RE: STATUS OF ORDINANCES ON INTERNET Commissioner Scarborough requested the County Manager put together something so a citizen can go to the Internet to determine the status of ordinances; with County Manager Tom Jenkins responding he will do so. Commissioner Scarborough stated that will make it possible for the community to track the issues that are outstanding.

REPORT, RE: BOY SCOUT TROOP 709

Commissioner O'Brien stated this evening Tom Russell and Boy Scout Troop 709 were supposed to be here, but they have not arrived yet.

REPORT, RE: NATIONAL WHEELCHAIR BASKETBALL TOURNAMENT

Commissioner Carlson stated a few months ago she and Commissioner Voltz went to a Community Advisory Board meeting that was sponsored by HealthSouth Sea Pines; the focus of the meeting was making the community more accessible to disabled residents; she met Roger Davis who is the Commissioner of the National Wheelchair Basketball Association; and she invited him to make a presentation to the Board. She stated the Fourth Annual Charity Wheelchair Basketball Tournament will be held in Melbourne.

Roger Davis stated the Wheelchair Basketball Tournament is going to take place at Brevard Community College on March 4, 2000; it is sponsored by HealthSouth Sea Pines Rehabilitation Hospital; and the teams will be four of the top seven ranked teams in the United States, the Cleveland Cavaliers, Charlotte Hornets, Lakeshore Pioneers, and the Magic Wheels. He stated he is not asking for financial support, but is asking people to come to see the games; if people love basketball, they will love wheelchair basketball; and if people do not love basketball, they will be inspired by the athletes. He displayed a promotional video for the Magic Wheels.

Commissioner O'Brien inquired if there was a national wheelchair basketball champion from the Brevard County; with Mr. Davis responding yes.

Commissioner Voltz inquired when is the game; with Mr. Davis responding at noon on March 4, 2000 at Brevard Community College, Melbourne campus. Mr. Davis stated he just returned from the west coast from the NWBA All Star Game; Steve Swartz who lives in Merritt Island was the Magic Wheels representative; and he was also named Most Valuable Player. Mr. Davis noted he is the Commissioner of the NWBA which is made up of 88 men's, women's, youth's, and collegiate teams; and advised of the possibility of getting a full scholarship to play wheelchair basketball.

Commissioner O'Brien stated he does not know how many professional athletes there are in the County; but he doubts that there are many other counties that can brag about the number of champions Brevard County has.

RESOLUTION, RE: HAZARDOUS WEATHER AWARENESS WEEK

Commissioner Carlson stated the County is about to embark on another hurricane season; and this season will probably be just as active as last year. She read aloud a resolution proclaiming the week of February 21 through 25, 2000 as Hazardous Weather Awareness Week.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution proclaiming the week of February 21 through 25, 2000 as Hazardous Weather Awareness Week. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to Bob Lay. EMS Director Bob Lay presented a pamphlet to the Board, Hazardous Weather Awareness, A Preparedness Guide including Safety Information for Schools; and stated Hazardous Weather Awareness Week is observed every year. He stated about two years ago, they became more aware of the tornadoes; and they are asking that procedures in all schools be tested. He advised of the efforts of Dennis Decker with the Weather Service, Jack Sidorian with Public Safety for the Brevard County Schools, Ernie Baldini who is volunteer head of SkyWarn, and the media. He stated hurricane season begins in June, but there could be severe weather leading into it.

Commissioner Carlson stated there have already been some fatalities with the first tornado in Georgia, and the public needs to be very aware. She stated if any one has the capability of getting a NOAA weather alert system, it is well worth it; and the cost has gone down in the last year.

AUTHORIZE LETTER, RE: SUPPORT OF WARBIRD AIR SHOW

Chairman Higgs stated she was requested to send a letter in support of the Warbird Air Show.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize the Chairman to send a letter in support of the Warbird Air Show. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING 34TH GRANT SEAFOOD FESTIVAL

Chairman Higgs stated there are a number of guests from Grant. She read aloud a resolution recognizing and supporting the 34th Annual Grant Seafood Festival.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing and supporting the 34th Annual Grant Seafood Festival which will be held on February 26 and 27, 2000. Motion carried and ordered unanimously.

A representative of the Grant Seafood Festival thanked the Board for the Resolution; advised of the history of the Festival; and invited everyone to attend on February 26 and 27, 2000.

Chairman Higgs encouraged everyone to attend the Festival; and stated the community effort is amazing. Commissioner O'Brien inquired about the menu; with representatives advising of items on the menu. Chairman Higgs stated Public Works and Road and Bridge have a booth and help every year. Chairman Higgs presented the Resolution to the Grant Seafood Festival group.

RESOLUTION, RE: COMMENDING DEPUTY WILLIAM ELLIS "BIG BILL" JOHNSON

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution honoring Deputy William Ellis "Big Bill" Johnson for 30 years of outstanding service with the Brevard County Sheriff's Office. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING HABITAT FOR HUMANITY 21ST CENTURY CHALLENGE PROGRAM

Commissioner Carlson read aloud a resolution supporting Habitat for Humanity 21st Century Challenge Program.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution supporting the Habitat for Humanity 21st Century Challenge Program. Motion carried and ordered unanimously.

Betty Wheeler-Cain, representing Habitat for Humanity, stated there will be a meeting on Thursday February 17, 2000 in the Government Center Florida Room from 1:00 to 4:00 p.m.; and they will be discussing mapping and doing preliminary work. She stated the goal is to eliminate substandard housing. Kim Gabriel, representing Habitat for Humanity, stated this year they will build the 100th Habitat for Humanity house in Brevard County; and advised of the benefits of the program to the taxpayers and the new homeowners. She thanked the Board for its partnership; and stated as a community, they can solve the issue of poverty housing in the next 20 years. She encouraged everyone to attend the meeting on February 17, 2000. Ms. Wheeler-Cain stated Habitat for Humanity builds more than houses; it builds communities. Commissioner Carlson presented the Resolution to Ms. Wheeler-Cain and Ms. Gabriel. Commissioner O'Brien stated Boy Scout Troop 709 of Merritt Island is present to view the meeting; and they are working on their citizenship and community merit badges.

PERSONAL APPEARANCE - ROY BRIDGES, DIRECTOR OF KENNEDY SPACE CENTER, AND STATE SENATOR GEORGE KIRKPATRICK, RE: STATUS OF THE SPACE PROGRAM

Commissioner O'Brien stated he attended the Space Summit at Kennedy Space Center; that was an important crossroads for the community in that there was recognition of the need for change; and this evening Roy Bridges and Senator George Kirkpatrick are present.

Roy Bridges, Director of Kennedy Space Center, stated it is a pleasure to have the Board's support; the world is changing and KSC has to also change; and presented a slide show. He advised of the economic impact of KSC to the County including the civil and contractor workforce; stated they have been downsizing for a number of years; but at Christmas, 1999, NASA announced the termination of downsizing and plans to hire approximately 158 new government employees to stabilize the employment level. He stated KSC is the number five tourist destination in Florida; they have between 2.5 to 2.8 million visitors per year; and that represents a significant amount of income for the County. He advised there are also a lot of transient visitors who come to watch launches; and the impact is positive in terms of the economy. He commented on the Florida Space Summit including the attendees, discussion about importance of space for Florida and the nation, and insuring the United States has a leadership position in space. He stated Florida is well positioned to be the intergalactic hub of the new age; but noted that position can be lost if attention is not paid to the things that need to be done to be competitive. He stated there was discussion at the Summit about six questions that will help leadership focus on the things which must be done to remain competitive; and the Board will be provided with a summary of the issues that were discussed and a video tape. He stated he was asked for his three priorities; and one of them was the partnership of Florida to build and operate the space experiment research and processing laboratory (SERPL). He stated they are also asking for some fast track road money to open up the visitors' complex and a new 400-acre space commerce park to the public 24-hours a day. He stated right now the security gates are closed in the evening hours, and people do not have access; and that limits some of the things which can be done at KSC. He stated this year the Air Force and NASA have come together to try to recognize the growing commercial nature; they also recognize the need to do a better job of comprehensive master planning; and so they have entered into a partnership with the Air Force and Spaceport Florida to fund a two-year, $1.1 million effort to do a comprehensive master plan on how to invest in the infrastructure to do the right thing for government, civil, military, and commercial space. He displayed a photograph and chart of the new international space station; stated the first two elements were put into orbit in late 1998; they are getting ready to begin a campaign to complete the phase 2 station when it will be permanently manned; and it is to be finished in 2004-2005. He stated they are building a world class microgravity laboratory in space for research; the U.S. government is spending over $20 billion for this facility, and is cooperating with 16 other nations; and when it is finished, there will be researchers from around the world bringing their experiments to whichever launch site services the laboratory; right now KSC has the option of having the elevator to the new laboratory; but unfortunately the ground floor is in a World War II hangar. He stated of the 37 flights of the shuttle necessary to build the station, only one has taken place; but a lot of the hardware is built, and eight flights of hardware are at the Center now. He stated they are waiting for one crucial Russian piece which will be launched this summer. He stated SERPL will be the ground floor of the elevator to the station; it will be where they process all the research payloads that will be going up and deprocess things that come back; and as people vie to be launcher of the future, it is clear that they will want to launch from a place where there is sufficient ground infrastructure to do the job. He stated right now with it being in a World War II hangar, people would probably go somewhere else; and this is an important facility as part of the infrastructure of the Spaceport to assure competitiveness into the future. He stated Kennedy Space Center has not enjoyed much of an association with universities and research centers in Florida; and most all the other NASA centers are research centers with strong relationships with universities. He stated in order to be viable, KSC needs a closer partnership with the universities; and they want to work with the State government and university system to construct the facility in a partnership. He stated NASA's future rests on making the space station successful; satisfying researchers from around the world is one of the ways to do that; and commented on the opportunity for a federal/State partnership. He commented on the need for the research facility to be near the launch site; stated they began thinking about the idea of a space station commerce park that would use the old orange groves at KSC; and they are setting aside 400 acres for the right type of project that would need close association to a launch pad. He stated the business of the space station is that NASA wants to make 30% of the research capability of the station commercial; so they are opening the door for entrepreneurs who want to come and use the microgravity laboratory for commercial research or products. He stated a lot of other universities and communities have had specialized research or commerce parks to be a magnet for a particular kind of business; the business of KSC is space; and they hope one day as the intergalactic hub, they can attract a lot of high-tech support businesses to this area. He stated they are trying to grow the whole pie; and it is like the analogy of the rising tide lifts all the boats. He stated part of their Legislative proposal this year is a road; pointed out the route on the map; and advised the road will allow them to move their gates in and open up SR 405 to SR 3 for traffic 24-hours a day. He stated it will provide a new main entrance to the visitors' complex; and it will help in increasing the attendance. He stated the SERPL will be put inside the fence and on the boundary of the space commerce park to provide opportunities for complementary buildings. He stated exciting proposals are on the table; he appreciates the interest of the Commissioners to help garner support from surrounding counties; and if they can do well with the space business in Brevard County, it will be a golden nugget for the entire State of Florida.

State Senator George Kirkpatrick stated a lot of people want to know why a Legislator from North Florida is in Brevard County trying to take a leadership role in putting Florida's best foot forward in the future of the space program for the country. He advised of his legislative history and present role as Chairman of the Senate Commerce Committee. He stated they have created a lot of initiatives in Florida that are important, and through privatization of the Commerce Department in Enterprise Florida, they have given opportunities to create some flexibility which did not exist before; and the private sector is helping government make decisions about economic development. He stated they have looked to see what needs to be done for Florida to establish itself as an important player in the new millennium; there are several areas they are concentrating on; they have spent a lot of time on workforce development; and one of the problems is the space industry. He stated the majority of the people do not have the training or certification that the industry needs; and they are working with Brevard Community College to develop a curriculum and criteria to have the training and certification of the space industry workers so they can raise the level of qualifications. He stated safety is one of the biggest concerns with the space program; qualification of the workers is important; and Brevard Community College can play a big role in that. He stated Florida Institute of Technology is an important institution; and when Mr. Bridges mentioned the State university system, he meant to include all universities in the State of Florida, because the largest single recipient of NASA grant funding today is the University of Miami. He stated oysters are always equipped to make pearls, but do not always do so; it takes the one grain of sand around which they can create the gem; and SERPL is the necessary grain of sand to help establish the critical mass of research in the system. He stated the NASA Center in Florida is the only one in the country that does not have a research mission; he is not sure the people in Brevard County recognize the tenuous nature of the space program; there is a $7 billion price tag to upgrade the 1950's downrange safety system; and without that, Brevard County will start out at ground zero with Texas and California. He stated when the change is made from the space shuttle to the reusable launch vehicle, it can be launched anywhere, and does not have to be launched in Brevard County. He stated there are a lot of competitors for that opportunity; and it is going to be much bigger than a Mercedes plant, Boeing plant, or any of the other things Florida has not been good at winning. He stated the space industry needs to be viewed as a Florida resource, not a Brevard County resource; for too long, the County has had to carry the entire burden; he has met with the Brevard County Legislative Delegation many times; and it is important to raise the level of awareness before the State gets too far behind the power curve. He stated he went to Washington, D.C. two weeks ago to meet with the Administrator of NASA; and he was candid about the future of Florida. He stated as it moves toward commercialization, there will be more dependence on a partnership with the State; but the State has not made a statement that it will be a full partner with the federal government; and they have relied on a government funded, government built, government operated space program; but that is going away. He stated Florida needs to get the partnership outlined for the federal government; Mr. Bridges works for NASA, not Florida; and he cannot get caught in the Washington politics. He stated the State has not lived up to its responsibility in the past; and his mission for the last two years has been to change that. He stated in the Governor's budget there is a $21 million item that is set aside in the new lump sum philosophy; it includes space, the defense facilities in the State, and rural economic development. He stated it is unfortunate that it is all lumped together because those are competing opportunities; and the State needs to dedicate some of the new transportation dollars. He stated $800 million a year is going to be spent on research just to go up to the space station; and KSC is at the ground floor of the elevator. He stated if KSC gets established with the ground floor, then it has a chance of it being in Brevard County; and if it does not, he can guarantee that the County will lose out in the competition and it will go somewhere else. He commented on coordination of Central Florida counties; and cautioned against complacency. He stated it is not going to be easy to get the SERPL built or get the other commitments from the federal government; and commented on the I-4 corridor policy and research opportunities. He stated he is personally committed to doing whatever it takes to make this happen; and recommended the Board hold a workshop, get some input, and come forward with a strong statement to show that this is not business as usual. He stated when he met with Dan Golden, he wanted to know what kind of commitments would be made by the universities, the Governor's Office, and local government; and there are a lot of things the Board can do to facilitate the efficiency and ease with which some of the things can be accomplished. He stated the County is needed as a full partner; recommended the Board think about this in terms of the Legislative timetable; and explained why this year the Legislative budget will be brought to the floor sometime in the third or fourth week of March, 2000. He stated if the County is going to do something to support the efforts, it should be done between now and March 10, 2000; and he will do anything he can to help. He noted his father said, "you can always tell when you haven't done enough, but you can't ever tell when you've done too much"; if the County loses the launch facility, it will be able to think of a thousand things it could have done to save it; but if it wins, it will never know what could have been left out in making sure the goal was accomplished.

Chairman Higgs stated the Board appreciates Senator Kirkpatrick and Mr. Bridges coming tonight to deliver the message; the Board is ready to be a partner; and there have been some preliminary opportunities to talk; but the Board needs some guidance as to what Senator Kirkpatrick needs it to do to move forward. She stated there can be discussions about how to do that and action can be taken in the timeframe needed, because the Board is committed to the Space Center and its future, and is ready to do what it has to do.

Senator Kirkpatrick commented on seeing his first space launch; stated if they do not make the launch window, they have to scrub the flight; and the launch window for the project and the changes that need to be made are clearly defined.

Commissioner O'Brien inquired what is Senator Kirkpatrick suggesting the County do to be a full partner in the process; and advised the County has come to the table with a lot of economic incentives, including the recent one for Lockheed. Senator Kirkpatrick stated there is a change in the space business; and it is a matter of recognizing that and letting the Governor's Office, the Senate President and Speaker of the House know the County is on the team. He advised he has created such a ruckus that NASA is taking another look at Florida to see if it is waking up and is ready to step forward and take on responsibility; and while Florida has NASA's attention, it never hurts to reaffirm everyone's commitment to make things happen. Commissioner O'Brien stated the Board is proud of the leadership shown by the Commissioners to bring other counties into a joint venture; and commented on the audience being reached by the televised meeting.

Commissioner Scarborough stated he has sat in on a lot of discussions over the years about NASA, but this is the first time someone from Gainesville came to the County to ask it to be involved with him; and commended Senator Kirkpatrick for looking at this. Senator Kirkpatrick stated he does this because he believes in it; and commented on the energy brought to the enterprise by Mr. Bridges. Senator Kirkpatrick stated if this is successful for Brevard County, it will be tremendously successful for the State; and the country needs for this to be successful to support the commercial launch business. Mr. Bridges stated he is optimistic about the partnership with the County; and presented a picture to the Board. Senator Kirkpatrick advised his office telephone number is 352-377-3800 in Gainesville. Commissioner O'Brien presented pins to Senator Kirkpatrick and Mr. Bridges.

Chairman Higgs suggested the Board express its support through a motion for the Kennedy Space Center and Senator Kirkpatrick's efforts, and then a motion to move forward to work with Senator Kirkpatrick to get an agenda item before the Board prior to the window closure. Commissioner Scarborough inquired if the Board is already working with Lobbyist Guy Spearman; with County Manager Tom Jenkins responding yes. Commissioner Scarborough stated Mr. Spearman could work with Senator Kirkpatrick to insure what the Board is saying is correct.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to express support for NASA'S efforts toward continued launch operations and Senator George Kirkpatrick's efforts in support of Kennedy Space Center; and authorize Lobbyist Guy Spearman to work with Senator Kirkpatrick on space-related legislation. Motion carried and ordered unanimously.

Commissioner O'Brien stated Senator Kirkpatrick also suggested sending a letter about SERPL to the Governor to show support. Chairman Higgs stated the Board will get the information in one package on the statements it needs to make on the SERPL and other issues. Commissioner Carlson stated the Board had a Resolution earlier regarding support of SERPL. Commissioner Scarborough recommended doing things in a timely manner; stated if the Resolution on SERPL was sent out to the adjoining seven counties, they may adopt Resolutions supporting the efforts; and requested the County Manager coordinate that.

INTERLOCAL AGREEMENT WITH CITY OF COCOA, RE: TURNER ROAD WATER MSBU PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Interlocal Agreement with City of Cocoa for Turner Road Water MSBU Project. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to reappoint Eric Thosteson to the Beach Erosion Control Advisory Committee, David Wickham to the Building and Construction Advisory Committee, Mischel Ostovich to the Brevard County Commission on the Status of Women, Reverend Cannon Kite-Powell to the Central Brevard Library and Reference Center Advisory Board; and appoint James Gould to the Suntree/Viera Public Library Advisory Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.

DISCUSSION, RE: CREATION OF BREVARD COMMISSION ON AGING

Barbara Whitley stated in 24 years, there will be affluent aging people; and inquired if the County will be ready for them. She advised of counties and cities that were not ready for their aged population, including Coral Gables where a building for the aging was built with an elevator that will not accommodate a stretcher. She stated the County needs to get started on a study; it needs to look at what is going to be happening to the community; and it needs to look at services, roads, buildings, and all types of things that will bring good retirees to the area. Ms. Whitley stated a man complained to her this week about his inability to get a tee time at the golf course; a lot of the retirees will be young, and will want activities, tourist attractions, and shopping; and inquired if the County is ready. She stated that is what the Commission on the Status of Aging will be looking at.

Melissa Otto stated they have talked to the Board; the Board allowed time at the workshop to get a little more in depth; there has been an opportunity to look at the proposal; and she is present to answer any questions.

Lynne Thompson stated as an attorney she sees a lot of older people who have imprecise ideas about legal issues that affect the elderly; and requested the Brevard Commission on Aging provide a place for reliable information for the elderly on legal issues and reliable services to prevent people from becoming dependent on services to enhance independence.

Gwyneth Shick stated she and her husband own an insurance agency, and do long-term care planning; and the ideal candidate is age 55+ with assets above $150,000. She stated many of the residents are under $100,000 or $150,000; they need the services more; and they identify much more about what is needed because they do not have the resources to purchase the services. She stated while there is insurance available that will pay for assisted living in nursing homes, what is needed is a greater web to maintain people at home and to help family caregivers to provide care while enabling them to keep their jobs. She advised respite services and adult day care are easier resources to get behind and do not have as big a price tag as an assisted living nursing home. She stated the Medicaid budget is strained to unbelievable amounts; what they do is pretty much a band-aid; and much more is needed than they can provide. She recommended working together to come up with a way to support the larger community.

Barbara Whitley noted they are not asking the Board to do this on its own; advised of opportunities for partnership on the venture; and stated they will hunt for other money. She stated the Board's approval and support are needed.

Commissioner Scarborough stated he fully supports this endeavor; one of the most dynamic events is the transition of the baby boomers to retirement; and with this will be a new emergence of people moving into the County. He stated it can be favorable or unfavorable; and part of it will be the ability to think in a timely manner. He stated this is the Board's opportunity to think about this in a timely manner and do something right; and he will be making a motion to move forward.

Commissioner O'Brien stated he agrees it is time for the Board to take a look at the future of the County and its future population. He stated the Commission on the Status of Aging is a wonderful concept; he is glad it was brought forward; and there are other similar committees which it can meet with such as the Silver-haired Legislature.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution creating the Brevard Commission on Aging; approve a full-time planner and part-time secretary to staff the planning process from March 1, 2000 through March 1, 2001; and authorize $40,000 from the General Fund from March 1 through September 30, 2000, and necessary budget transfers.

Commissioner Carlson stated she is interested in finding out whether an eldercare physician could be represented on the advisory board; Mr. Lusk spoke with the Brevard County Medical Society which indicated it sounded like a good idea; and the fallback could be Dr. Hashmati. She inquired if the Board should make room or use the singular appointments to have representation of the EDC; and stated the other one she was questioning was a representative of the elderly rehabilitative services. Chairman Higgs stated most of those could be covered through the Commissioners' appointments. Commissioner Carlson inquired if the Board wants to define that in the membership qualifications; with Commissioner Voltz explaining how the Juvenile Justice Resolution was revised. Chairman Higgs suggested going ahead to formulate the group, and before moving any further, see what the recommendations are on how to move forward. Commissioner O'Brien stated there are many retired physicians who may want to be involved. Commissioner Carlson stated the military community should also be represented.

County Manager Tom Jenkins stated the funding will be from General Fund Contingency; and the motion will include a budget transfer; with Commissioner Scarborough advising that is part of the motion; and at mid-year money may be available.

Commissioner Carlson inquired if the Board is accepting the commitment from the Community Educator's Credit Union for $1,000 as a part of this; with Chairman Higgs responding affirmatively. Chairman Higgs recommended she be authorized as part of the motion to send a letter of thanks. Commissioner Scarborough stated that is part of the motion.

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

The meeting recessed at 7:06 p.m. and reconvened at 7:22 p.m.

SUBORDINATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: S. R. 520 MUNICIPAL SERVICE BENEFIT UNIT LIEN

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute a Subordination Agreement with the State of Florida Department of Transportation for S.R. 520 Municipal Service Benefit Unit. Motion carried and ordered unanimously.

CONSIDERATION, RE: IMPACT FEE UPDATE STUDY

Chairman Higgs stated the item is the update on the Impact Fee Program; Steve Tindale will introduce the subject; and the presentation will go through most of the aspects of the updated program. She stated no decision by the Board will be final tonight; it may make recommendations that it go forward; but any changes would have to go forward to a public hearing.

ANNOUNCEMENT

Commissioner Carlson advised Items VI.E.1 and VI.E.2 were deleted.

Steve Tindale, representing Tindale-Oliver and Associates, introduced Bob Wallace, Bill Merrill, and Dr. Chris Nelson who worked on the project; presented a slide showing growth numbers; and stated while the County once had 16% annual growth, it now has 3 to 4% annual growth. He stated the fee has not been updated since 1989; and in the first part of the study, they did transportation, fire, and correctional facilities. He stated the Board then asked them to look at possible emergency medical services, libraries, and parks and recreation; and tonight, they will be going through all six in terms of the analysis and the process. He stated the impact fee equation is a cost equation relating to the cost to provide service for growth; the first part is a unit of growth creates a certain demand; and the second part is the capital taxes, or how much revenue will the new growth generate. He stated the impact fee is not the demand or the cost for new development, but is the difference between the revenue generated from development and the demand that it creates and what it is going to pay for through the tax structure. He advised of figures for transportation impact fees; and stated a single-family home takes approximately $5,000 worth of asphalt. He advised of updated demand variables; and stated some land uses have been changed and others are being added. He stated there are currently nine districts and one no payment district; most communities are reducing the number of districts to allow more latitude in spending the money; and recommended three main districts on the mainland, a fourth district on the barrier island, and a fifth district for areas where the impact fee would not be paid.

Commissioner O'Brien stated this afternoon when he and Mr. Tindale spoke, they talked about the transportation impact fee benefit districts; five districts were proposed, but they were not the same outlines as the Commission Districts; and suggested the Districts correspond to the Commission Districts which are equal by population. He stated the cities would then be a problem in that they would have their own transportation impact fees. Mr. Tindale stated if the benefit districts corresponded to Commission Districts, they would be partially on the mainland and partially on the barrier island; and they would not work as well as what was proposed. He stated he will look into it and give the pros and cons. Commissioner Scarborough stated it would have to be impacting something in that area; some of the areas are so completely removed that there is no impact; and there needs to be a relationship between where the fee is collected and where it is used. Commissioner Voltz stated in her District, there is very little unincorporated Brevard County, and yet she has the main roads where the County needs to spend a lot of money.

Mr. Tindale stated the current Ordinance is $900,000; but 11 years later, it is being computed at $1.8 million, which is higher than the Statewide average; and the cost based on that number has doubled in that 11 year period. He stated on the credit side, previously the Board had several funds; and two things have happened, the County reduced the range of fees spent for capital and transportation and the gas tax revenues to build roads have been reduced by approximately one-third.

Commissioner O'Brien stated Mr. Tindale is saying that in gas tax credits, in 1989, the County received 12 cents per gallon. Mr. Tindale stated at that time the total tax was approximately 35 cents, and 12 cents of State, federal and County gas tax combined were spent on transportation; and now State, federal and County gas tax has dropped to 9 cents. He stated the pie is as big or bigger than it ever was, but the County is spending a smaller portion on building new roads.

Commissioner O'Brien inquired what is the rest being spent on; with Mr. Tindale responding in most communities it is moving to maintenance, resurfacing, structures, etc. Mr. Tindale stated in some communities the full 6-cent gas tax has been moved to maintenance. Commissioner O'Brien stated Mr. Tindale is not saying the taxes have been reduced by 3 cents at the gas pump; with Mr. Tindale responding they have not been reduced, but the allocation of capital has been reduced. Commissioner Voltz stated the pie is getting bigger, so more money is still being spent. Mr. Tindale advised of State taxes that have been passed in the 11 year period; and stated they are catching up with maintenance that was not done for many years.

Mr. Tindale stated the gross impact fee calculation is approximately $5,200; the credit is approximately $800; and the difference is the potential fee at $4,409. He stated they were asked to look at surrounding communities; displayed a chart showing Indian River, Martin, and Orange Counties; and quoted figures from Collier County.

Commissioner Scarborough inquired why were the counties selected; with Mr. Tindale responding they selected some from the area. Commissioner Scarborough inquired about Seminole, Osceola and Volusia Counties; with Mr. Tindale responding they can provide more, but most will run between $1,500 and $2,500. Commissioner Voltz stated the County can increase to $4,400; with Mr. Tindale responding that is what it can go to, but it is not what is recommended. Commissioner Carlson stated the chart is misleading because the numbers below $855 should be zero. Mr. Tindale stated there is a footnote advising the numbers are in the fee schedule, but the County is not collecting them. Commissioner O'Brien inquired what is the gross impact fee which is listed at $5,247; with Mr. Tindale responding it is the total cost and value that a single-family home consumes; and explained how the figure is derived. Mr. Tindale stated they were also asked about the two local communities, Palm Bay and Melbourne. He displayed a graphic showing potential revenues; stated with the current impact fees, it is possible to improve a few intersections, but not to build major projects; and if the $10 million was divided by a much smaller number of districts, it would be possible to do some projects. He stated the maximum potential fee is $4,409; and it will push approximately $10 million in revenue if both the fee is adopted and the exemption for commercial development is eliminated. Chairman Higgs inquired if that is just commercial and not industrial. Mr. Tindale stated the industrial is such a small percentage, that if the Board chooses to, it will not affect the revenues that much. Commissioner Scarborough stated that goes to the legally allowable cap; and inquired if any county in the State is at the legally allowable cap at this time; with Mr. Tindale responding yes, Collier County is above the legally allowable cap, and may reduce its gas tax in the future.

Mr. Tindale commented on the response times for fire/emergency service. He stated all the calculations will be based on a Countywide population; but fire rescue is based on the unincorporated area. He stated there are currently seven service areas for fire rescue; they are recommending the County go to one service area; and the reason two are shown is because of issues related to the Agreement with Viera. He stated the level of service is one fire station for every 10,000 residents; the County is meeting its response time; and that is the level of service they are recommending and the Board can legally adopt. He stated they looked at facilities, communications costs, credit for capital funds to calculate the impact fee, and functional population; and the single- family fee is approximately $61 for fire rescue services. He stated the revenues projected will be approximately $140,000 per year. Mr. Tindale stated emergency medical services are Countywide; and they are recommending two service areas, one Countywide and the Viera Development Order. He commented on level of service, facilities and equipment costs, communications costs, and credit in terms of projected revenues for capital expenditures for new development; and stated they ended up with a new impact fee of approximately $34 for a single-family home for emergency medical services which would be charged on a Countywide basis. He stated the Board asked them to look at relative numbers; and displayed charts comparing the County with Collier, Martin and Orange Counties and with the City of Palm Bay, advising the County is lower than all the comparisons.

Mr. Tindale stated the next fee was for correctional facilities which is an existing impact fee; over an 11-year period, the cost to construct the facilities increased approximately 19%; they are arguing some credit for sales tax; and the standards have moved from 1.9 beds per 1,000 to 2.3 which is the adopted standard that can be charged for new development. He stated 2.3 is well below the State standard; and any time beds are constructed, over a very short period of time, the beds are consumed. He stated the County is very efficient in terms of release programs and managing the process, although the County may be uncomfortable about some of the people being released. He stated the service area is Countywide; it exists today; and the level of service standard should be moved to 2.3. He stated they looked at the cost per resident, credit, net cost, and calculated a residential fee of approximately $61.

Commissioner O'Brien inquired if Mr. Tindale is saying that the net cost is per home; with Mr. Tindale responding per person, and they actually calculate the number of people at different uses. He explained how the number of people at each of the uses is used to calculate the fee. Commissioner O'Brien inquired if that is a one-time charge; with Mr. Tindale responding that is correct. Commissioner O'Brien stated if there was a population increase of 1,000 new structures in Brevard County with 2.3 people per home, it would result in a collection of $70,000. Mr. Tindale stated there are approximately 1,600 single-family permits a year times the net fee of $60; and they have estimated revenue for residential and commercial. Commissioner O'Brien inquired what is the 82 cents that is shown on the slide after the net cost; with Mr. Tindale explaining it is a factor to adjust the number of people in the home because some people are out of the home during part of the day; and it is used to calculate a functional population. He displayed a chart comparing the County with Collier, Orange and Martin Counties. He noted they recently updated Collier and Martin Counties. Commissioner Voltz stated Collier County is an upscale community. Commissioner Scarborough stated he would like to see the average price of a house in Collier and Martin Counties because those two counties are some of the most expensive in the State; and commented on the impact to affordable housing. Mr. Tindale stated Collier County has adopted a range so smaller homes pay less and have exemptions; so it has a substantial affordable housing program. Commissioner Scarborough stated the size of the home is one thing, but the Board also talked about the value of the home; and commented on possible negative social effect. Mr. Tindale stated a report was done earlier, and it can be revisited; and explained the Collier County program. He advised at the $61 dollar range, the revenue is approximately $200,000; and it will create an ability to do some things on an annual basis. Commissioner O'Brien inquired about the calculation; with Mr. Tindale responding it is both residential and commercial. Commissioner Voltz stated what is shown are the maxed out ones. Mr. Tindale advised these are potential, not recommended fees; and it is more than fire because correctional fees are collected Countywide.

Mr. Tindale stated fewer counties have adopted library impact fees than some of the other programs; the costs for libraries are based on land, equipment and books; and libraries are residential based, so there will not be any discussion about industrial, commercial or retail paying library fees. He stated the service area would be Countywide; the current standard is 2.16 volumes and .6 square feet per resident; and the libraries facility cost is approximately $81 per person, the books cost is approximately $52 per person, and credit is approximately $42 per person, resulting in a net cost of $223.68 for a single-family home. He displayed a chart comparing the County to Seminole, Charlotte and Collier County; and stated the County has a high service level for libraries, and that is why the fee is coming out the way it is.

Mr. Tindale stated the parks and recreation impact fee is the second most popular in terms of the number of counties which adopted them; the costs are based on land, equipment and facilities; and it is residential based. He stated they would recommend three service areas, north, central and south. He stated the standard is three acres per 1,000 people; the facility cost is approximately $141 per person; the parks and recreation cost for the land is $260 per person; and approximately $200 per revenue is generated per person that is currently spent on capital, resulting in a net cost of approximately $200 per person and a cost of approximately $500 for each single-family home. He displayed a chart comparing the County to Hillsborough, Collier, Orange, Volusia, and Charlotte Counties; and stated the range is from $382 to over $1,300. He stated the Board directed them to look at local adopted Ordinances; Palm Bay is at $174 and existing in Melbourne is $288; and both are lower than the number calculated for the County. He stated in terms of revenue, libraries result in approximately $750,000 on an annual basis; and parks are about the same in terms of total revenues, although one is Countywide and the other is only the unincorporated area. He summarized the potential impact fees.

Mr. Tindale recommended doing away with the commercial exemption, which is a large percentage of total revenues. He stated in terms of industrial, if the County wants to go after specific uses, it can do so; there is a lot more latitude than they thought in the past; and they have provided guidelines in terms of implementing that. He stated if there are targeted areas the Board is concerned about, they can put a program together to address those areas. He stated after questions and answers and public comment, they would like to consider what the Board would like to do in terms of implementation.

Chairman Higgs recommended the Board consider implementation before public comment. Mr. Tindale stated there is the potential for across the board reduction; and it is not uncommon. Commissioner Voltz inquired if Mr. Tindale is speaking about a reduction from the maximum; with Mr. Tindale responding that is correct. Mr. Tindale stated in Tampa a fee was adopted with a minor reduction; a developer sued the City saying he was paying his load, quoting the Growth Management laws; and they went back and showed the developer he was not paying the full load. He stated if the Board adopts a number and reduces it, it allows a flexibility to show people if a developer comes in to negotiate that they are only paying a percentage of the cost; and if the Board wants to increase the fees by 20%, they will adopt a reduction factor to get that.

Commissioner Voltz stated she understands what Mr. Tindale is saying, but it sounds like a Clinton deal out of Washington, D.C.

Mr. Tindale stated he is only recommending it because his experience is that it is useful if there is a lawsuit. He stated the other one is to start with a level and then phase it in over a period of time; and advised of the experience of one community which is in its fifth year of phasing it in. He stated the Board would need to decide a starting point, how many years, and the implementation date. He noted most times the implementation date is deferred for three months, and if someone has a permit in, they do not have to pay the new fee. He presented slides showing how phased programs could look; and stated if the Board wants to choose different numbers, things are set up on the computer to allow variations. He displayed various scenarios showing phased implementation plans.

Commissioner Scarborough stated Mr. Swanke indicated one of the fees would require municipal participation, and there may be difficulty in making that work. Planner Steve Swanke stated in any Countywide impact fee program, the County would need to require municipal participation in the program through interlocal agreements, or the impact fee should not be charged; the Board should not charge some people and not others; and Mr. Merrill may want to advise of the legal basis. Chairman Higgs inquired if Mr. Swanke is saying the County cannot require city residents who are receiving the service to pay an impact fee; with Mr. Swanke responding legally the Board could require it, but the question is whether the Board would want to require it if they are unwilling to offer it. William Merrill stated the case law on this would allow the cities to exempt themselves with regard to most of the fees; the one issue that would require further research would be EMS because it is required of the County; he is not sure they can opt out of that; and he would compare that to schools where it would have to be Countywide. He stated if a municipality decided it did not want to do that, he does not know what would happen; and he would have to research that on the EMS issue, but on the other fees, a municipality could legally opt out for the right reasons. He stated that would have to be dealt with at that time; and some of the cities are already opting out. Chairman Higgs noted they have their own programs; and inquired if the County provides a Countywide library service and an appropriate impact fee were constructed, is Mr. Merrill saying the County could not require that. Mr. Merrill stated the County would have to get an interlocal agreement with the municipalities; and there is a legal opportunity for them to opt out, with the exception of the EMS which will require further research as it is mandated for the County to do. Mr. Merrill stated with regard to libraries, there is no mandate to provide libraries for city residents; however, the County does that, and people cross borders to use libraries; so that is something that could be opted out if the municipalities chose; and the County would have to make adjustments to the fees. He stated the Board cannot increase the fee for the County residents to carry the people who are not participating; and the Board will have to deal with it if one of the cities chooses to opt out. County Manager Tom Jenkins inquired if Mr. Merrill is aware that the Library District was created by a Special Act of the Legislature; with Mr. Merrill responding he was not. Mr. Jenkins stated there is a Free Library District in the County; with Mr. Merrill responding that may be a different situation which would be more like the EMS situation. Mr. Tindale stated if they want to opt out, they legally cannot if it is mandatory, so it may not be an issue. Mr. Merrill reiterated that is something they would want to look into further. Commissioner Scarborough stated with the number of municipalities in Brevard County, there will be at least a few which will disagree with the Board.

David Armstrong, President of Armstrong Custom Homes, stated the building community understands the need for fees and fee increases and for the things the fees provide; but they are against fees that attack new residential construction solely; and advised of other solutions such as the gas tax. He noted the point that new construction is the culprit for need for fees has been disproved by the University of Florida and other studies; and commented on other reasons for growth. He advised of differences between Brevard County and Collier and Martin Counties; and commented on building slowdowns and building in areas that opt out of the impact fee program. He suggested a far reaching broad-based fee would be more practical, and recommended there be no protected categories. He commented on affordable housing.

Robert Jensen, Chairman of the Government Affairs Committee of the Melbourne-Palm Bay Area Chamber of Commerce, stated the Chamber will take a position on the issue shortly; and they represent 1,500 businesses. He stated the Chamber previously recommended the Board move forward with the Local Option Gas Tax, but the Board chose not to do that; and urged the Board to reconsider. He stated the 1989 impact fee schedule needs to be updated; but the numbers are staggering, and the impact will be negative in certain segments of the community.

Ephraim Reitzfeld advised of his move to the County in 1989; and stated if he had faced what the potential impact is today, he would not have moved to the County. He stated he supports growth; but there must be a better way to promote growth without stifling it or going after a particular sector of the economy. He commented on exemptions, level of impact fees, Habitat for Humanity, affordable homes, and NASA's plans.

Thomas Metz, President of New Age Homes, Inc., advised of his association with various homebuilders groups; and submitted paperwork. He advised of statistics developed by the University of Florida on what an increase in home prices does to ability to purchase a home and to jobs in the State; and commented on the impact of the construction industry on Florida's economy. He advised of the advantages of the gas tax and the revenue that could be derived; and commented on the negative aspects of impact fees.

Dan Barber, President-Elect of Space Coast Association of Realtors, advised he is present to gather information; and inquired about the recommendation to delete commercial exemptions. Commissioner Scarborough stated the comment was it is going to be hard to justify a continual exemption for commercial. Mr. Barber stated little was discussed concerning the fees; and commented on impact fee costs for fast food restaurants.

Tom Vani, President of Baytree Development Joint Venture and S&S Enterprises, advised of his experience working with impact fees that were not broad-based or pro-growth; and inquired about studies of the impact of the Internet. He recommended setting impact fees where they need to be and making an adjustment tied to cost of living on an annual basis, and getting everyone involved including the EDC, Chambers of Commerce, and business people. He recommended the fees be broad-based, fair, reasonable, and voter friendly.

Dolores Kane stated she is in real estate and concerned about affordable housing; commented on the needs of the County; and recommended more money come from the gas tax for road construction. She suggested more sales tax, and less property tax; and stated what is being proposed is outrageous.

Anita Cragg, President of the Homebuilders and Contractors Association, advised of a quote in Florida TODAY by Commissioner Higgs indicating that no one wants to raise taxes or let services Decline, so the Board is forced to look at a fair impact fee and fair implementation. She inquired about proof that new home construction has the impact on the community that the proposal puts forth; and advised of research that indicates the opposite. She commented on purchasers of new homes, being politically correct, other avenues for funding capital expenditures, scare tactics, and making government smaller. She advised of keeping expenses in line in her own business and the negative reaction of a waitress to higher impact fees.

Mike Moehle, President of Citizens for Constitutional Property Rights, inquired about the workshop at which the study was commissioned, and whether Commissioner O'Brien was the only dissenting vote; with Commissioner Scarborough advising a vote was taken as it involved money. Mr. Moehle inquired how much was appropriated for the study; with Planning and Zoning Director Mel Scott responding it was $175,000. Mr. Moehle commented on the voter-approved increase in the Fire MSTU and the change in the ambulance service; and inquired if the Fire MSTU money is gone already and does the ambulance service have to be subsidized. He questioned the figures for paving roads; and commented on borrowing on revenue streams.

Patsy Shearer stated people moving to the area usually ask about schools, golf course and libraries; commented on the County's attempts to keep up with growth on libraries. She stated the $200 library impact fee would only pay for two college text books, but it would make it possible to retire some of the older books. Commissioner O'Brien noted the Board does not buy textbooks for classrooms. Ms. Shearer advised she was only commenting on the cost.

Betty Armistead, Chairman of the Central Brevard Library Board, stated she agrees with Ms. Shearer; and requested the Board not cut library budgets any more.

The meeting recessed at 8:50 p.m. and reconvened at 9:03 p.m.

B. B. Nelson stated the plan will stop all growth; and suggested the Board compare the income from taxes from a subdivision to that of a cow pasture, and then figure out how to appropriately spend it for services. He commented no budgeting rather than bonding to provide services, quality of development, and cutting taxes. He requested the Board instruct the County Manager to produce a report of how much was spent on studies in the last two years; and noted money for studies could be used in better ways.

Lillian Banks inquired if the audience realizes how the County planned to arrive at the necessity to raise impact fees or live with the present infrastructure. She commented on scare tactics used by the Board related to the EELs Program; and inquired why the Board did not visualize the need for more roads at the same time. She advised of the scare tactics used in connection with the fire referendum and the impact fees. She inquired what happened to the taxes and impact fees that the new construction brought in all these years as well as revenue from permits and gas tax. She advised of the impact of the new fees on homebuyers; and inquired why is the General Fund off limits.

Harry Fuller advised he has been in the construction business for a number of years; it is possible to tax yourself out of business; and commented on the impact on an average individual. He inquired who paid for infrastructure prior to impact fees, and why did the County suddenly decide it had to do something different. He commented on the change from property tax to tax on the housing industry and new homebuyers; and stated 75% of those who buy homes do not come from the north, but are already here. He stated Brevard County should not be keeping up with Orlando or Orange County; their fees should be higher as they have more problems; and commented on the comparable given by Mr. Tindale. He recommended an impact fee scale like Collier County to help affordable housing, and a 90 to 120-day period before implementation.

Charles Moehle advised of the serious implications of impact fees to the welfare of the County; and recommended nothing be done to the existing policy. He recommended initiating a study to see how the County, in its next budget year, could remove $40 million from its operating budget; and inquired what is the County doing now that is not needed. He stated impact fees are regressive; they discourage economic development; and inquired why the Board gives lip service to support economic growth and welfare, and then takes steps to be counterproductive to that effort. He commented on the inadequacy of the study, the burden created, revenue realized from development, and duplicative costs. He stated impact fees are not broad-based or equitable; suggested a more general tax such as the gas tax; and encouraged the Board to not prolong the atmosphere of uncertainty for the future of the County.

Paul Joyal stated an impact fee on transportation would have to be so high to take care of roads that no one would ever build in the County; and recommended looking at a broad form of taxation such as the gas tax for roads. He commented on the difficulty placed on nurses, firemen, policemen, and military people to buy a new home in the County; and advised of his son's situation trying to qualify for a house in the County. He advised of exit interviews when he closes on homes; and stated in 1999, 39% of the people who bought new homes had been in Brevard County for 10 years through lifetime, and 58% had been in Brevard County over 5 years. He noted a lot of people who move to the County buy existing homes, and do not pay any impact fees; and recommended the Board not increase the funding for the study.

Deanna Reiter advised she wants to build a new house, has been in the County for 12 years, has already paid impact fees on one house, has no children in school, and is not impacting the system; and if there is a $4,000 increase, she cannot build. She stated impact fees are punitive; and inquired how children will ever buy a house. She commented on the effect to the local economy, higher housing costs, impact on homebuyers, and discriminatory fee. She inquired what prompted the Board to hold a workshop.

Chairman Higgs responded there was a motion to review impact fees; and she can get information for Ms. Reiter. Planner Steve Swanke stated the current Impact Fee Ordinances require it be reviewed every two years; there was a motion to issue a request for proposals; the Contract was awarded to Tindale Oliver and Associates in July, 1999; and the first presentation to the Board was made at a workshop on October 14, 1999.

Peter Cario stated the article was good; there is nothing wrong with having studies; and recommended the impact fee on residential homes be set by the size of the home. He stated since 1995 the County has not received any impact fees from non-residential development; that is a problem; and if money is needed, that is the place to go. He stated the people do not need any more taxes on gas; and if there are no increases on impact fees, the only people who will make up the difference will be the taxpayers.

Heidi Branddow, President of the Cocoa Beach Area Chamber of Commerce, advised of the interest of the Chamber membership in the impact fee issue; and thanked Commissioner Voltz for attending a Government Relations meeting. She stated the Chamber has an Executive Committee meeting next week, and will look at the issue; and suggested a more broad-based type of funding. She stated there must be a better way to support responsible growth; and she will come back to the Board as soon as the Executive Committee makes its decisions.

Steven Kreuzkamp, representing the Brevard County Sheriff's Office, read a letter from Sheriff Williams dated February 9, 2000 to County Manager Tom Jenkins requesting the Board amend its Contract with Tindale Oliver and Associates to include the feasibility of development and implementation of a law enforcement impact fee for unincorporated Brevard County.

Chairman Higgs inquired if Mr. Tindale has statistics on what happens to development rates or building permit rates when impact fees are increased. Mr. Tindale responded one study was done in Hillsborough County, and he has asked the Economic Development Director to provide that to him. He stated Hillsborough County tracked the national economy, and there was no variation with implementation of fees; and he will also get copies of the University of Florida studies in terms of housing. He stated Dr. Nelson was hired to a review all 67 counties; it shows the counties that passed impact fees built more roads and infrastructure, and the building rates went up; and his conclusion was the impact fees became an impetus to develop infrastructure to vacant land which then spurred development. Chairman Higgs inquired if there is a difference between a fast food restaurant and a restaurant. Mr. Tindale stated there is a big difference; three types of restaurants will be proposed; and described the three types, quality, regular, and fast food. He stated a fee schedule will be proposed for all three types of restaurants; and the regular and quality restaurants will be lower in terms of the fee schedule. Chairman Higgs inquired are all the counties in Florida using impact fees; with Mr. Tindale responding no, and he will provide a listing. Mr. Tindale stated there are some extremely rural counties that have no growth and have no impact fees.

Commissioner Carlson stated there were comments about broad-based fees and one of the issues was resale properties; and inquired is there such a thing as an impact fee on a resale property; with Mr. Tindale responding not that he knows of; and compared it to a water or sewer connection fee. Commissioner Scarborough stated what was described this evening is a shortfall; historically he has heard that impact is the impact of new growth, and not the need to solve prior problems; and inquired within that formula, how does the Board have assurances that it is only the impact of the growth being paid for as opposed to current shortfalls. Mr. Tindale responded if the impact fee revenue was $10 million a year for 20 years, but the shortfall was $400 million because the County had allowed capacity to be consumed, it would not be allowed to double the impact fee to collect $400 million because it cannot maintain a level of service standard that it has not been maintaining. He stated the impact fee is strictly based on the value being consumed; when they consider the value being consumed, they do not know the level of service standard the road is operating at; and they have separated out future needs and the total money needed from the equation. He stated the equation is blind to what is needed; the County will not collect enough money through impact fees to totally fund needs; it will probably have to do both impact fees and gas tax; and they have clearly separated it out so new development is not paying for lack of prior investment.

Commissioner Carlson stated as far as the impact fee being a one-time thing, there also has to be an operating revenue stream to maintain the initial impacts; right now most of the taxpayers are shouldering the additional costs for the growth; and it needs to be distributed more equitably. She stated the ad valorem tax is the operating revenue; and if there are times of recession or buildout, there should not be a need for impact fees. Mr. Tindale stated if no permits are pulled, no revenue is generated. Commissioner Carlson stated there is still an operation revenue stream to continue the maintenance of the existing infrastructure; with Mr. Tindale agreeing.

Commissioner Scarborough inquired how long would it take to come up with information on adjoining counties; with Mr. Tindale responding they have most of the Ordinances, and would need to make a few phone calls to verify. Commissioner Scarborough stated he would prefer to have more information rather than less information; when the Board looks at things, it looks at similar sized counties in Central Florida; and there are a lot of other counties out there. He stated there was also discussion earlier to have the cities buy in with interlocal agreements; and inquired how long would it be before that information is available; with Mr. Tindale responding one week.

Commissioner Carlson stated she ran a spreadsheet on it; the 1988 impact fees across the board were general industry at $1,000, office at $1,300, fast food at $6,400, and retail at $2,200; she took the consumer price index and extrapolated down to 1999; and she came up with an interesting analysis. She stated she tried to compare that to the maximum numbers, and came up with a single-family home at today's prices at $1,200, general industry at $1,400, office at $1,855, fast food at $9,000, and retail at $3,000; and she would like to have a spreadsheet put together showing the loss of revenues. Mr. Tindale stated the Board wants to index those fees upward each year and look at revenues it would have generated during the time period. Commissioner Carlson stated that would be a helpful analysis for the Board. Commissioner Voltz inquired if Commissioner Carlson is talking about starting with the amount for the fee in 1988; with Commissioner Carlson responding affirmatively. Commissioner Carlson stated the Board has not adjusted for cost of living or cost of doing business since 1989; in 1995, the Board exempted everything but residential; and so it stayed at $885 for 11 year. She stated all she wants to do is get an analysis showing by using the consumer price index how it would have kept up to provide a little more detail on the shortfall that is being experienced now.

Mr. Tindale advised construction costs have been running approximately 3% per year; but the biggest issue, which he has not adjusted for, is the right-of-way; and advised of the cost of right-of-way ten years ago at 20% of project cost compared to the present when it equals or exceeds project costs. Commissioner Voltz inquired about the $1.8 million per road lane mile; with Mr. Tindale responding at least half of that will be right-of-way. Commissioner Voltz noted the County already has the right-of-way; with Mr. Tindale advising it is buying it. Mr. Tindale commented on the cost of projects and rights-of-way. Commissioner Voltz inquired how much has been lost in fees since the Board exempted commercial in 1994. Commissioner Carlson stated that is part of the analysis she is asking for. Planner Steve Swanke stated he can give rough estimates but cannot give a precise figure; generally commercial ran approximately 25% of the total revenue stream; he would have to look at the residential collection rate; and he can get the estimate to the Board fairly quickly. Commissioner Voltz inquired what is the shortfall.

Discussion ensued on the shortfall and provision of information.

Mr. Tindale stated at the time of calculation the actual number was $1,600 or $1,700; it was adopted at approximately half; and the Board did not adopt the discount factor. He inquired if the Board is asking him for the shortfall of what it should have been collecting based on costs; with Commissioner Carlson responding yes, for all the categories Mr. Tindale analyzed to date. County Manager Tom Jenkins stated those would be increased by the CPI. Commissioner Carlson stated Mr. Tindale can provide a scale and then a total at the bottom showing the loss. She stated in the briefing Mr. Tindale talked about the gas tax impact compared to the impact fee or sales tax. Mr. Tindale advised a penny of gas tax in Brevard County generates approximately $2 million, of which the County gets half or $1 million per penny; and if the Board adopted a 5-cent gas tax and only looked at the County, it would generate $5 million. He stated sales tax is huge in comparison because of the County's base of development; people who live here and development pay those taxes; and a lot of counties allow a 5-cent capital gas tax, adopted for growth management, because it generates substantial money quickly in urban counties. Commissioner Carlson inquired if the Board was able to pass a 3-cent gas tax, how much would that affect impact fees; with Mr. Tindale responding the counties that do that go through the credit mechanism; then they feel comfortable about the discount factor; the legally required credit for gas tax and the discount factor are balanced; and they feel like they are staying in balance in terms of the growth and what is being consumed in value.

Commissioner O'Brien inquired if an impact fee generates $5 million in one year, is Mr. Tindale is saying that money cannot be used for a present day problem; with Mr. Tindale responding no, the impact fee money can be spent on any road the Board wants, but it cannot charge at a rate to deal with past deficiencies. Mr. Tindale commented on court cases and the court's intention that new development cannot be charged at a rate to take care of lack of prior investment. Commissioner O'Brien stated if the Board charges impact fees and bonds them out for 20 years, it will take 20 years of impact fees to pay down the bond; in ten years, they cannot bond again because the money is already obligated; and it goes back to the old statement that if you give a government money, it will spend it. He stated the Board has used the word "shortfall" as though government has lost money, but there is no shortfall; it is just that there was no tax increase; and that is a difference in verbiage. Commissioner Carlson stated the County did not pay for the cost of doing business; the problem is the County allowed businesses to keep the money in their pockets rather than paying for the cost of doing business; and it is nice to have money in your pocket, but it does not do any good when you are talking about quality of life and having to resort to what the Board is doing now because it has not kept up with the cost of doing business. Commissioner O'Brien inquired where has that happened; with Commissioner Carlson responding in a lot of areas. Commissioner O'Brien stated there has been a lot of discussion about shortfalls; but he can drive any place he wants in the nation on I-95; except for a few hours a day, he can go where he wants on Wickham Road; and SR 3 or Courtenay Parkway are a little crowded, but there are plans for the future, and the money will be there to expand or fix that road. He stated property taxes have been stable in Brevard County at least since he was elected; they have gone down, and should go down further; and there is no shortfall. He stated it should not be necessary to raise taxes; and if there has been a little growth, then there are more houses, businesses, and industry to pay taxes. He stated B. B. Nelson said a few months ago that the Board did not cut its budget because its spending had gone from $5.13 million to $5.67 million, and that was a tax increase; but it is not. Commissioner O'Brien stated there is more money; the Board should be spending it forthrightly, and not trying to find more ways to spend money; and he does not see any shortfall. He stated he is sure Road and Bridge or FDOT could say they need $30 million more to build a few more roads; and if that is the case, the Board would have to find a way to solve the problem; but impact fees are not the way. He inquired if impact fees are warranted; stated if they are going to create between $4 million and $6 million, that is a lot of money; and unless the Board is willing to cut property taxes by an equivalent amount, then it is traveling down the wrong road. He stated if there is no problem, the Board should leave it alone; impact fees are double taxation and economically counterproductive; and the study is inadequate so far to support impact fees. He stated if someone sells their home and buys a new one, they have to pay impact fees both times; and he finds impact fees to be punitive. He advised of his experience trying to build a factory in Cape Canaveral where impact fees stopped the growth of his business; and commented on the loss of tax revenue to the City. He stated taxes are high enough as they are; impact fees are punitive; and he cannot go along with it.

Commissioner Voltz stated someone said there are three solutions, but there are a lot more than three solutions; and one that was forgotten is to do nothing. She stated the study out of Gainesville talks about whether or not the new construction is the culprit for all the problems; but she does not know if it really addressed impact fees. She stated several people mentioned looking at broadbased funding; before the Board looks at any funding, it needs to see the shortfall; the Board paid $175,000 for the study, and did not get the information to make a decision; and that is a lot of money to be spending. She stated someone mentioned going with the gas tax; but the Board passed an opportunity for that; and she would not even begin to look at it now. She stated Mr. Jenkins mentioned something earlier about the extra money in the mid-year budget already being spent; she does not think that is what the Board should be doing; and those things need to be looked at. She stated there is no way she is going to support doing anything with the EMS impact fee because that would tell people that when the County took over the Harbor City Volunteer Ambulance Squad, it did not raise enough money. She stated Commissioner Carlson said the rest of the taxpayers are paying for the development and growth; but the taxpayers are just paying what they would have normally paid; and maybe the County is using money in ways it should not be using it. She stated with today's technology, the Board should not be addressing library impact fees. She stated when the Board gets information about adjoining counties, it should make sure it gets information about Polk County which is similar in size, population and length; it needs to find out what other counties are doing to meet their growth; and that information should have been in the study. She stated someone mentioned the General Fund and what it is being used for; and that is public record and available to everyone. She stated someone said that $1,900 could eliminate someone from buying a house; she does not think $4,000 to $6,000 is going to matter to someone buying an expensive home in Baytree; but it would have an effect on Habitat for Humanities. She stated staff said it would be better to have someone living in an apartment rather than a cheap house, but she disagrees; and someone else mentioned the fee should be based on the size of the home; but some of the smaller homes are much more expensive than the larger homes. She stated there was a request for a law enforcement impact fee, but that is inappropriate at this point. She stated she cannot support the impact fee increase; there is no justification for spending it; the Board has not been shown where it is short, what is needed and where it will be if it does not get the additional funding; and alternatives were not provided. She stated maybe all the consultant was tasked to do was study impact fees; but if that is the case, the Board should have taken the responsibility of outlining exactly what it was looking for; and she is not going to support the impact fee increase.

Chairman Higgs stated Commissioner Voltz must be traveling different roads than she travels; and advised of problems on Babcock Street, Palm Bay Road, U. S. 192, and A1A. Commissioner Voltz noted she did not say there were no problems. Chairman Higgs stated the Board went through discussions about the need for additional gas tax and allocation of existing gas tax; and it looked at the shortfalls there. She stated the Board has been documenting the need for additional jail space for years; the people desire to have top quality law enforcement and quick response; there has been discussion for a number of years about the demand for parks; and the support for libraries in the community is phenomenal. She stated there are impacts where the Board is not currently able to achieve the level of service it would like. She stated the study that was done was an impact fee update on where the revenues should be in relationship to the current needs; and the scope that some have described is not what the Board asked the consultant to do. She stated the Board needs to decide where it wants to go from here; it has an outline from the consultant; and it could be broken down to individual areas, or the Board could look at the bigger picture.

Commissioner O'Brien stated he does not blame the Sheriff for saying he wants a piece of the pie too; if he was Sheriff he would do the same thing; but expressed concern that the social program groups and special interest groups will be coming for impact fees. He stated he is concerned not only where the list begins, but especially where it ends; when the Board says it is going to be for libraries, EMT's, the jail, etc., it sounds good; the Sheriff's referendum failed, but he needs more deputies; and the list may get very large. He stated the Board's job is to say no unless there is a severe emergency demand, which he does not see. He stated Mr. Joyal mentioned his son; he also has sons and others have daughters; and everybody wants to have a little piece of America and buy a house. He commented on the first house he bought; and stated he would not want to take that opportunity away from his children. He stated sometimes it is the extra $4,000 or $5,000 on the price of a house that makes it unaffordable, especially for young people; and he is concerned about that. He stated the Commissioners are good stewards in meeting the needs of the communities; and it is meeting the needs slowly but surely. He stated a month ago, Commissioner Higgs pointed out the need to make decisions on priorities in roadways and plan now; the Board will set aside money and by the time the money is available, the County should be able to take care of the needs; and that is being a good steward with the money the County has. He stated government will always ask for more money and try to get it from the people; but he is the advocate who says no.

Commissioner Voltz stated she never said there were no road problems; she did not even address that; she knows there are road problems; but what she was saying was that the Board needs to find another way of doing it rather than impact fees. She stated she supports libraries, and there are plenty of them in the County; several have been built or increased in size in the last couple of years; but the library millage rate has not been increased; and inquired where is the money coming from to pay for all that. She stated it is not possible to keep expanding the buildings without expanding the fees; but somehow or other it has worked out for them, but she does not know where the money is coming from. She stated as far as law enforcement, the study that was done in Tallahassee shows that people in Brevard County put law enforcement at the bottom of their list of priorities; if people with alcohol, drug or mental health problems were removed from the jail, there would not be overcrowding; and there are other ways to address that.

Commissioner Carlson stated she looked at a lot of different impact fee schedules on the web; and what the Board needs to address is the fair and equitable distribution of the impacts and who shoulders those impacts. She stated right now it is not equitably distributed, and that is because the residential community is the only one dealing with them. She stated a couple of fee schedules had it laid out based on land use codes; she does not know if the consultant can do it that way; but land use codes can be used for the issue of affordable housing to make sure there is no negative bite there. She stated the Board should go forward from here and let the consultant provide additional information; and the Board should specifically look at the schedule for transportation impact fees; but she does not have a problem looking at the other fees as well.

Commissioner Scarborough stated the Board is supposed to look at the impact fees periodically; so even if nothing happens, the exercise is important. He stated there is some critical information the Board needs to receive; when the Board did away with the industrial impact fees, it was showing a disinterest in having certain things develop in the County; the County gains by having fees that are noticeably below other counties; and recommended looking at adjoining counties. He stated the County wants to be competitive; at the Goals workshop, the Board discussed having a number of referendums; he asked Chuck Nelson to run some numbers; and if the same thing that was done in Port St. John was taken north, at one mill for 20 years, it would bring in $19 million; whereas, if the maximum Park and Recreation millage was done Countywide, it would bring in $700,000. He stated he was supportive of the tax because it is a user tax, and the tourists pick up a portion of it. He stated impact fees are not his favorite tax because they are erratic, and it is difficult to make long-range bondable plans. He noted if the Board went to the legal limit it would be 10% of a $40,000 house, but only 1% of a $400,000 house; that means the person who pays is the one least able to pay; and there is no way to meet the legal requirements by doing a percentage. He commented on problems with impact fees; and stated the Board spent $175,000, held a workshop, and needs to get additional information. He stated two Chambers of Commerce have indicated a desire to look at the issue and come back; and the Board should not walk away this evening and say it does not want to look at the issue. He stated of critical concern is how the County falls within the region as to overall impacts and the legal issues. He stated with corrections, he has been told there is an interlocal agreement that could be easily folded into it; some of the fees are minimal amounts; and he is willing to continue the dialogue and get more information.

Chairman Higgs stated the Board needs to get the information and reschedule further discussion. She inquired if anyone wanted information regarding law enforcement; and stated she did not hear a motion. She inquired if the consultant is clear as to what the Board is asking; with Mr. Tindale responding they have five pages of notes with asterisks indicating those areas where the Board has asked for specific information; and they will put that information together and work with staff to bring it back. Chairman Higgs inquired when would another meeting be scheduled; with County Manager Tom Jenkins responding approximately 30 days.

Discussion ensued on when another meeting should be scheduled and disseminating information to the public.

Chairman Higgs instructed the County Manager to be sure it is scheduled so the public has at least two weeks to review the information.

PUBLIC COMMENT, RE: PARKING ON COUNTY PROPERTY AT FIRE STATION

Meredith Raney stated he is a certified reproductive health service provider as defined in the federal law called Freedom of Access to Clinic Entrances, better known as the FACE law; people mistakenly think that law only protects abortion providers; but it also protects all reproductive health service providers. He stated on the morning of February 4, 2000, he and Nancy Lally parked their vehicles on the Fire Department property adjacent to the southeast corner of Suntree Plaza, where the Fire Department has allowed the public to park; they were providing reproductive health service to people entering and leaving the abortion facility at Suntree Plaza; and there were other vehicles parked in the same area. He stated at 9:30 a.m. a Sheriff's deputy went into the clinic; and when he came out, he threatened he and Ms. Lally with arrest if they did not leave. He noted he has a video tape of that conversation and has provided a transcript for the Board. He stated the incident is a violation of his and Ms. Lally's civil rights and their rights under the FACE law; and he has reported this to the FBI.

He stated as a result of the incident, there has been talk about moving the fence and eliminating the subject parking on the Fire Department property; and whoever authorizes such a move as a result of the incident will also be in violation of the FACE law. He read aloud the FACE law, "Whoever by physical obstruction intentionally interferes with any person because that person is or has been providing reproductive health services shall be subject to the penalties provided in subsection B and the civil remedies provided in subsection C." He stated moving the fence would be an intentional obstruction because he and Ms. Lally were providing reproductive health services; there was no discussion of moving the fence before the incident; and requested the Board direct the County Attorney to investigate this situation and advise it. He stated his attorney Chris Sapp is available for consultation. He stated he has been told that Sheriff Williams has insisted the County put up the $4,000 fence based on a conversation with a Washington, D.C. attorney; he supposes those in authority assumed the attorney was from a governmental agency; however he found out the lawyer is Sara Love, who is a private attorney, the legal defense director for a feminist majority foundation, and is in the Chicago law firm which litigated the N.O.W. versus Scheidler case. He stated she is a lawyer for the abortion industry; he does not know how she represented herself to Sheriff Williams, but she is not an unbiased advisor and is not from the government; and inquired if the Board wants the County being run on the unquestioned legal advice of an abortion industry attorney. He stated Sheriff Williams has his own attorney who should have checked this out; and the Board has its own attorney who should have also checked this out. He requested the Board direct the County Attorney to thoroughly investigate the situation before anything else is done; and inquired about the official County position on the Fire Department property in question. He inquired if the County is going to support Sheriff Williams in threatening pro-life counselors while letting the rest of the public park in that area; and recommended if the Board agrees that pro-life counselors are part of the public, to communicate that message to the Sheriff so he will leave them alone. He inquired if the Board wishes to see the videotape; with Commissioner Voltz responding she has seen it.

Commissioner Scarborough inquired if the transcript is an accurate description; with Commissioner Voltz responding yes. Commissioner Scarborough inquired if Mr. King has looked at this previously. Assistant County Attorney Kyle King stated he recently had the opportunity to look the FACE law that Mr. Raney referenced and talk to Mr. Raney's attorney. He stated the property in question is a commercial property abutting the Fire Department property; at some point a fence was erected that goes along the property line except for a portion at the end that was traditionally used for parking; they looked at the property then, and looked at it again recently; and his initial opinion was that the FACE law does not apply in this situation because it is designed to stop intimidation and interference with people who are trying to access clinics that perform reproductive health services, and the County's property has nothing to do with the access of the clinic. He stated there are two other ways to access the clinic; the Fire Department property belongs to the County; no one is licensed to perform reproductive health services on that property; and because it has nothing to do with access to the clinic, if the County wants to fence it off, he does not believe it to be a violation of FACE. He noted there is one case he would like to look at that is an unpublished case that occurred in Middle District Court; if there is litigation regarding FACE, it would be in that court; and he would like to look at the unpublished opinion; but he has seen nothing in his research so far that indicates that straightening out the fence would be a violation of FACE. Commissioner Scarborough inquired if Mr. King will provide the Board with a memo; with Mr. King responding he would be happy to. Mr. King noted in addition to looking at the one case, they have been promised a study or report from the Sheriff's Office indicating whether or not there are any potential security issues because the Sheriff contends that because the County did not straighten out the fence and run it all the way down the property line from the very beginning that there is a potential security issue which may create some potential liability for the County.

Chairman Higgs inquired how long will it take to get that; with Mr. King responding he does not know. Mr. King stated Mr. Parker has been in contact with the Sheriff's office; but he does not know where they are in terms of getting that report. He stated the report would go a long way towards helping him analyze whether or not there is potential liability in not fencing the area, and it would help distinguish the County from other cases under FACE when it says it is fencing off the property to shield itself from potential liability.

Commissioner Voltz stated when she and Mr. King were at the property looking at the fence issue, she suggested the fence was needed on the whole thing because the Sheriff was not going to treat people equally, but she was assured that was not going to be a problem. She stated Mr. King did not have these concerns when they were talking about the fence back then. Mr. King noted it is not his decision; it is a policy decision and all he can do is advise the Board on the law; and he was not made aware of the additional security issue until subsequent to the meeting at the site. He stated after the Sheriff brought up the additional security concerns, he began to research the potential liability for creation of a dangerous condition, if that is what is being done.

Public Safety Director Jack Parker stated in mid-December, 1999, Commander Crosby requested the fence be erected across the whole property line, and articulated individual reasons why that needed to happen; but there was a concern that if they fenced off the business area parking, it was unfriendly to businesses who had been using that parking area for years. He stated every reason articulated at the meeting was complied with by erection of the fence; it met all of the parameters; shortly after that, before any mention of an attorney, the Sheriff explained that he thought the entire area should be fenced off citing a belief there was an increased level of liability there; and that is when he and Mr. King started to talk about that avenue. He stated as a result, the vendor who installed the fence is currently scheduled to change it and fence to the property line, pending final review by the County Attorney's office.

Commissioner Voltz reiterated if they had listened to her suggestion, the Board would not be talking about this today. Mr. Parker stated he realizes that, but District 4 was also there. Commissioner Voltz noted she was saying yes, and District 4 was saying no. Mr. Parker noted the property is located in District 4.

Chairman Higgs stated if the Board could get a summary from staff and report from the attorney, that would be helpful; and then the Board can see where it wants to go.

Mr. Raney inquired if he has the County's permission to be on that property as long as it is not fenced; with Mr. Parker advising there is currently a trespass warrant for the whole piece of property, and the Sheriff is going to continue to enforce that warrant on both sides of the fence unless there is a change. Commissioner Voltz inquired if it is for everyone or just for Mr. Raney and Ms. Lally; with Chief Bill Farmer responding it would be only for Mr. Raney and Ms. Lally; it is specific to those individuals; and if the Board wants to make it so it is not specific, it will have to meet with the Sheriff's office and modify the complaint. Commissioner Voltz stated according to the Sheriff that was up to staff. Mr. Parker stated the option is the complaint can be modified so that nobody can trespass on that section until this is resolved. Chief Farmer stated they were in the process of doing that when the issue came before the Board, so they delayed to get Board direction.

Chairman Higgs inquired if the Board wants to provide direction.

Motion by Commissioner Voltz, to direct that the County not enforce any trespass warrant on anybody, and allow the people to park as they have been doing until the issue is resolved.

Commissioner Carlson inquired if Commissioner Voltz is saying no trespass on the property period; with Commissioner Voltz responding on that particular small piece of property. Commissioner Carlson stated they are going to put the fence in and post it properly so no one will have a problem with it. Commissioner Voltz stated they are going to wait to get information back from the attorney. Commissioner Carlson stated right now there is no trespass by anyone on the property; and inquired if that is what Commissioner Voltz is saying; with Commissioner Voltz responding that is her motion.

Commissioner Carlson seconded the motion.

Mr. King inquired if the intention of the motion is that no one shall be allowed on that property; with Commissioner Voltz responding no, that anybody can be on the small section that is not fenced off.

Discussion ensued on the intent of the motion.

Commissioner Carlson withdrew the second to the motion.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve making the entire area at the Wickham Road Fire Station a no-trespass area.

Chairman Higgs stated that treats everybody the same. She inquired if there is a downside; with Mr. Parker responding no, and that would probably reduce any conflict. Commissioner Voltz advised she would prefer the previous motion. Mr. King stated he is happier with the second motion because it does not infer that the County is creating some kind of public forum where people can go and protest, and then later say the Board is taking away their public forum. He stated this property has not been set aside for any kind of first amendment activity; it is set aside as a fire station; and if the Board is going to make a rule, he would prefer that it be done so that it is not arguably setting aside an area for first amendment activity.

Commissioner Voltz inquired if the fence is being put up; with Mr. Parker requesting that pending the County Attorney's review, he be given the okay to erect the fence if it is decided there is an increased level of liability for the County.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.

Motion by Commissioner Carlson, to allow the fence to be erected, pending the attorney's opinion that there is an increased level of liability for the County.

Commissioner Carlson stated Mr. Parker is requesting permission to put the fence straight across. Commissioner Scarborough stated the Board needs to get the attorney's opinion so there is no confusion and misinterpretation.

Commissioner O'Brien inquired if the Fire Department has ever put up a fence anyplace at any time before without Board permission; with Mr. Parker responding affirmatively. Commissioner O'Brien inquired why is this before the Board now; with Commissioner Voltz responding they did not put up the fence properly because they put up part and left a little jog in it. Mr. Parker stated if this was not an issue tonight, he would wait for the Attorney's opinion that there was increased liability and then put up the fence. Commissioner O'Brien stated this is not a Board issue; and it is an issue of the Fire Department doing its job. Chairman Higgs stated it is the Board's issue now. Commissioner Scarborough stated regardless of whether Commissioner O'Brien thinks it needs to come back, it will be back; and suggested waiting for the opinion to settle it once and for all. Chairman Higgs stated it has bigger implications than just putting up a fence; she has been pulled into an issue for which she has no preparation; and she wants to treat the issue fairly, so the Board is going to get a report back.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 10:46 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
SEAL