The Board of County Commissioners of Brevard County, Florida, met in regular session on November 28, 2000, at 9:01 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Sue Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

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

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Minutes of September 28, 2000 Special Meeting and October 10 and 24, 2000 Regular Meetings. Motion carried and ordered unanimously.

REPORT, RE: COALITION OF THE HUNGRY AND HOMELESS WORKSHOP

County Manager Tom Jenkins advised the Coalition of the Hungry and Homeless requested to be rescheduled for a workshop, as they do not want to wait all day to be heard after the scrub jays and the CBO/CDBG workshops.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the County Manager to reschedule the workshop for the Coalition of the Hungry and Homeless. Motion carried and ordered unanimously.

REPORT, RE: IMPLEMENTATION OF PARKS REFERENDUMS

County Manager Tom Jenkins advised the Board asked for an update on the implementation of the Parks Referendums; and Parks and Recreation Director Charles Nelson will give the Board a brief update while he distributes an organizational chart.

Parks and Recreation Director Charles Nelson advised, with the passage of the referendums three weeks ago, staff started the process of putting all the parts in place that will allow it to happen in a timely fashion. He stated three of the four referendums passed; the total projects staff will be looking at will be 57 at a cost of $73.1 million; and with that magnitude, they will need to strengthen their resources to implement it. He stated the referendums anticipated implementation would take personnel and would pay for them; and the cost of construction management is also part of the referendum process. Mr. Nelson advised they will be looking at 11 acquisitions throughout the County; he received a call Wednesday morning after the election on one of the sites because of the urgency of that acquisition; and they are currently in contact with about half of the landowners involved. He noted some of the sites will be worked with committees that will make the actual selections; but in some cases the parcels are adjacent to existing park sites; therefore, staff will look at acquiring those sites. He stated they are also putting together architectural and engineering (A&E) groups that will be needed to implement the projects; with 57 projects, it is not practical to have 57 A&E firms at one time; so they are looking at groupings that would be consistent with the expertise provided by each consultant, and trying to get those down to 20 firms. He stated there will be renovation projects, particularly on Merritt Island for youth athletic facilities; seven of the projects are Little League or soccer facilities that do not need a lot of design work; so they may be able to minimize the number of A&E firms by consolidating similar projects. Mr. Nelson advised they are in the process of establishing the committees as oversight for the projects; and it is envisioned that each Advisory Board for the North, Merritt Island Beaches and South areas will be the master boards with subcommittees. He stated there are three standing subcommittees for Palm Bay Regional Park, Wickham Park and Harry T. Moore Home Site; and those will continue in their functions on the projects. He stated they will set up additional committees and begin the process of meeting and going through the design and implementation stages; the chart presented to the Board gives the information on how they are going to structure the referendum project teams; and they are taking a combination of existing resources within the Department and adding to that to put together sufficient personnel to implement the construction process. Mr. Nelson stated they are looking to kick off all the projects at the same time and letting them run their own course based on their needs; acquisition has a longer lead time than a site that is being renovated; so each project will begin and proceed at a rate representative of the nature of the project. He noted renovation projects will go the fastest, and land acquisitions, design, and permitting of boat ramps will probably be the longest lead times; and there is historical perspective on that. He stated they are gearing for completion within three to five years; and they are shooting for three years, and do not believe it would take longer than five years to get all the projects done. He stated one concern he heard from citizens is when will their project come up on the list; they are afraid it will take five to seven years or longer; but that is not going to be the case. He stated they are going to run concurrently; he is sure they have the ability to do that; replacing fencing, lighting, etc. are straightforward projects that will go exceptionally fast; but some of the challenges are land acquisitions. Mr. Nelson stated suitable lands available for acquisition are sufficient to meet their needs; and it will come down to working with the committees to select the best sites. He stated the second challenge will be community consensus, which the committees will address; and permitting is always a concern, particularly for boat launching projects. He stated the permitting process has gotten better; they have been able to get permits more rapidly in the last few years than in previous years; and they are committed not to let issues drag. He stated another challenge is the availability of contractors; they are talking to contractors now; they are not as busy as they have been and are looking to supplement their work; so staff believes contracting is going to improve, but that is an issue they may have to address. Mr. Nelson stated one of the most difficult challenges is working around youth seasons; they do not want to tell a Little League they cannot play in the Spring because of construction; so they will time the construction projects around the seasons and coordinate with the leagues. He noted they have talked to several leagues about that and how to work out the issues; the leagues have been extremely receptive to sharing facilities while others are being renovated; and staff is encouraged by their participation and effort. Mr. Nelson thanked the Board for its support during the process; stated each Commissioner participated, including Commissioner Colon, who was not elected at the time; and thanked the public groups that got together and moved the referendums forward because it could not have happened without them. He stated staff was in an education mode and did the best they could to inform the public; but it took the efforts of citizens to get the referendums passed. He noted he heard commentary that the County put up all the signs; staff did not put up one sign associated with the referendums; the only thing they prepared were the flyers that were sent out; and all the signage was done by citizen committees. He stated there were people who came into the process wondering what they were up to and turned into some of the most ardent supporters; he will do his best to get around and thank all of them; it was a heartwarming experience to deal with so many citizens who were so unfamiliar with the process and stuck with it; and he appreciates everyone who participated.

Commissioner Higgs inquired if the Board will receive an outline of the process in writing and in more detail so it will know at what point it will have interaction with the process; with County Manager Tom Jenkins responding yes.

Commissioner O'Brien advised a nice person wrote a letter to the editor saying a park on North Merritt Island was not part of the package; and inquired what is the answer to that person. Mr. Nelson advised he talked to the gentleman also; his comment was that it should have been on the ballot; however, they are limited to 75 words, and the most important things were the wording so bond issues could be done appropriately. He stated they were unable to specifically mention that site, but information was sent to Florida TODAY for its packages, and put on the Government Channel's scroll along with a slide presentation. Mr. Nelson stated the gentleman did remember receiving the information in the Florida TODAY paper; he asked why staff did not do a mailout; and the reason is because the cost to do a countywide mailout was beyond what they could afford. He stated they met with the North Merritt Island Homeowners Association where the information was also made available; and the gentleman was comfortable staff made every effort they could. Commissioner O'Brien stated he is glad staff clarified that, because people reading that in the newspaper may think it is the case, and resent the referendum passing. He stated the Board should be happy because it reached out to the public, asked what they wanted to do, and they answered to tax themselves to accomplish the task.

Commissioner Higgs inquired if staff is going to bring back an Agenda item on full implementation; with Mr. Jenkins responding he was going to give the Commissioners a report, but if the Board wants it as an Agenda item, they can do that as well. Commissioner Higgs stated she would like to see it as an Agenda item because some times the Board directs something, staff implements it, questions come up, and it becomes a process that the public is not comfortable with. She stated it is a huge undertaking; and she would be more comfortable if the Board looked at it and fully aired the way it is being implemented so there is no confusion. Mr. Jenkins stated they will be happy to do that; however, some of the time frames have not yet been determined; and until they get into design and construction phases, they will not know what those time frames will be. He noted they could talk about the process from a general standpoint on how it is going to progress. Commissioner Higgs stated she realizes the dates may move around, but there are principles involved in how they are moving, what will happen if sites become unavailable, etc.; and the Board needs to look at that. Commissioner O'Brien suggested asking the County Manager for a report in the first week of February giving time to evaluate what they think will happen or is going to happen, and put it on the Agenda so the public can speak to it as well. He stated every six months after the kickoff, the Board could ask for an update at a public meeting.

Commissioner Scarborough advised Port St. John had $5 million in projects; this is $75 million; Port St. John had three projects and each had its own subcommittee; and the discussion groups became very well informed and understood everything because they were facing the problems directly. He stated it will be almost impossible for the Board to fully appreciate all the complexities of each of the 57 projects; and to have an overall framework would be wonderful, but it could be exhaustive trying to bring it all to the Board and the Board trying to understand all the complexities and issues that multiple user groups will be discussing, such as where to put the concession stand. Commissioner Higgs stated she is not talking about that level of detail, but the Board needs to know the structure and basic time frames, as well as the principles that are going to be applied, not choose the color of the tile or location of the concession stand. Commissioner Scarborough stated there is a lot of work in the trenches by the volunteers on those committees. Commissioner Higgs stated the Board's roll is not in the trenches, it is to know the basic framework, administrative structure, and how the projects are moving forward.

Commissioner Colon advised it is important for the report to come back to the Board so that the citizens are able to see how much money is being allocated and where it is being allocated; she does not want to get into the nuts and bolts of the projects, but the citizens should know how the money is allocated and what projects are being done; so it should come to the Board. She stated the Board does not need to take a long time discussing it, but it is important to get that information out to the public.

Chairman Carlson advised the Board said this would be an open process, so it should come back to the Board, not to micro-manage it, but to make sure the public understands the process, the principles that will be used, and when the projects are going to happen over the three to five years. She stated the Board needs to know that so it can plan for it; and the consensus is to bring it back to the Board as an Agenda item.

REPORT, RE: WELCOMING COMMISSIONER CARLSON

Commissioner Scarborough stated it is good to have Chairman Carlson back and looking well.

Chairman Carlson advised she appreciates everyone's concern; it was a little scary in the beginning; all the stress and amount of things that were going on with the election and are still going on, would put the best person under wraps; but in terms of her status, she is doing fine.

REPORT, RE: PARTIAL ECLIPSE OF THE SUN

Commissioner O'Brien advised on Christmas day, between 11:30 a.m. and 12:30 p.m. there will be a partial eclipse of the sun; and on December 7, 2000, which is Pearl Harbor Day, there will be a lot of meteors.

REPORT, RE: PERMITTING OF BOAT RAMPS ON PROPERTY WITH BULKHEADS

Commissioner Higgs advised a controversy arose regarding permitting of boat ramps on residential property with bulkheads; staff permitted a boat ramp and Public works permitted use of a drainage easement for a portion of it; staff indicated it was done in accordance with the rules and regulations in place as well as State regulations; but there are a number of unhappy people. She requested staff do a report on the permitting of boat ramps, particularly on property with bulkheads, and that the County Attorney review that so the Board is aware of how it is handled.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to prepare a report on permitting of boat ramps, particularly on residential property with bulkheads, and direct the County Attorney to review it. Motion carried and ordered unanimously.

REPORT, RE: APPOINTMENT TO VALUE ADJUSTMENT BOARD

Chairman Carlson advised although there is only one more meeting of the Value Adjustment Board this year, someone needs to fill the remainder of Commissioner Voltz's term for that meeting; and recommended appointment of Commissioner Higgs.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint Commissioner Higgs to the Value Adjustment Board to fill the remaining term of Commissioner Voltz. Motion carried and ordered unanimously.

REPORT, RE: PAYDAY LOAN ORDINANCE

Chairman Carlson advised Commissioners should have received a report from the County Attorney around November 16, 2000, on the subject of a pay day loan ordinance; but before the Board gives it serious consideration, it may be prudent to get an Attorney General's Opinion.

Commissioner Scarborough advised Seminole County has encouraged Brevard County to do what it can with pay day loans; seeking an Attorney General's Opinion (AGO) is one possibility, but he would like to coordinate with Seminole County first because a lot of what is said in the request for an AGO is how it will come down. He stated he is in favor of doing what can be done, but if Seminole County is ahead in the thought process and can assist Brevard County, it should use their resources.

County Attorney Scott Knox advised one of the requirements of the AGO is the submittal of a memorandum of law; so he will call Seminole County to see if they have researched the issue, and prepare the memorandum using their research if he can.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the County Attorney to seek an Attorney General's Opinion on a pay day loan ordinance. Motion carried and ordered unanimously.

REPORT, RE: AMENDMENT TO STATE ELECTION LAWS

Chairman Carlson advised she had the pleasure of serving on the Canvassing Board during the General Election; one controversy that came up that she did not bring to the Legislative Delegation yesterday because she did not have the Board's approval, is postmarks on overseas absentee ballots; and hundreds of votes were jeopardized around the State because of the election law language excluding ballots with postmark problems. She recommended asking the Brevard Legislative Delegation to take the lead in rewriting that portion of the law so the injustice is not repeated in future elections; and noted it is only one piece of the overall problem they had, but it is a travesty that should never be repeated. She requested permission to send a letter to the Delegation to that effect.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Chairman to send a letter to the Brevard Legislative Delegation requesting it take the lead to change the election laws pertaining to postmarks on overseas ballots. Motion carried and ordered unanimously.

REPORT, RE: GROUND RULES FOR BOARD MEETINGS

Chairman Carlson advised she would like to review the grounds rules, most of which are understood, but she wants to make them more explicit, and will reiterate them when necessary. She stated anyone interested in speaking to an item can fill out a pink card that will be given to her so she can properly identify that person when the item comes up for discussion; anyone speaking to an Agenda item will have five minutes; and anyone speaking under Public Comments will have three minutes. She stated if an item is pulled from the Consent Agenda by a Commissioner, it will go to Section VII of the Agenda; but if the item is pulled by the public, it will be heard right after the Consent Agenda is approved. She stated the lighting system is to

REPORT, RE: GROUND RULES FOR BOARD MEETINGS

assist speakers; the yellow light indicates a speaker has 30 seconds remaining, and the red light means the time has expired. Chairman Carlson advised for those who wish to address the Board, the Chair requests that all comments be focused on the issues at hand, and any personal attacks on any Commissioner or staff member will not be tolerated and will result in cancellation of speaker's allotted time.

Commissioner O'Brien advised on occasion, after the Board has heard an item, it comes back under Public Comments to be addressed again; and some times it is inappropriate because the people involved with the initial discussion have left the meeting room.

Commissioner Scarborough stated some people take advantage with the Public Comments at the end of the meeting to readdress an issue after a number of people who had an interest have left, but he does not know how to handle that.

Chairman Carlson inquired if Mr. Jenkins had any suggestions on how to handle that issue; with County Manager Tom Jenkins responding he will look into it and come back with a proposal for the Board to consider. Chairman Carlson inquired if that can be done for the next meeting; with Mr. Jenkins responding yes.

Commissioner Higgs stated the Board could accept comments without taking action; the injustice would be taking a different action after people have left; and it would resolve the problem without denying people's right to speak. She stated by allowing public comment, the Board allows people the freedom to speak on a variety of issues without having rebuttal whether they are on new or old issues; but the Board needs to insure the rights of those who may have left are not jeopardized.

Chairman Carlson instructed the County Manager to look into the issue and bring back suggestions for Board discussion.

FINAL ENGINEERING APPROVAL, RE: DEER LAKES SUBDIVISION

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

CONTRACT WITH FLORIDA SITE DEVELOPERS, RE: INFRASTRUCTURE IMPROVEMENTS IN STILL POINT SUBDIVISION, PHASE 2

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Contract with Florida Site Developers, guaranteeing infrastructure improvements in Still Point Subdivision, Phase 2. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH WILHELM REINDL, RE: TREASURE LANE, EXTENSION B

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with Wilhelm Reindl for construction of a road in the right-of-way of Treasure Lane, Extension B. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING APPLICATION FOR FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT FOR LANDSCAPING OF SR 405

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution authorizing Public Works Department to apply for a Florida Highway Beautification Council Grant, and if successful, to enter into a Highway Beautification Grant Agreement and Landscape Construction and Maintenance Memorandum of Agreement with the Florida Department of Transportation for landscaping improvements along SR 405. Motion carried and ordered unanimously.

ACCEPT QUOTE AND INCREASE PURCHASE ORDER, RE: LANDSCAPE MAINTENANCE OF SR 520, FROM I-95 TO COCOA CITY LIMITS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to accept the quote of $35,700 from Commercial Mowers, Inc. for landscape maintenance of SR 520, from I-95 to the Cocoa City limits; and authorize increase of Purchase Order #4500007971 with Commercial Mowers, Inc. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #4 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Contract Modification #4 with Ranger Construction Industries, Inc., for Malabar Road Widening Project, Phase II, increasing contract price by $10,149 and time by two days to remove existing pipe and reinstall at a lower elevation, compensate the contractor for construction efforts involved in adjusting some utilities and eliminating other utility conflicts, and removal of a joint use traffic signal pole and provision of two loop detectors at intersections. Motion carried and ordered unanimously.

AGREEMENTS, RESOLUTION, GRANT APPLICATION TO F.I.N.D., AND TEMPORARY LOAN, RE: NAVIGATIONAL AIDS IN NEWFOUND HARBOR AND BANANA RIVER

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve a temporary loan from the General Fund and any necessary budget change requests for permitting and installation of navigational aids in Newfound Harbor and the Banana River; authorize Public

Works Director as Project Liaison to proceed with Phase I, Permitting for the Florida Inland Navigation District (F.I.N.D.) grant, and to apply for Phase II Construction grant; and authorize the Chairman to execute Project Agreements for Phases I and II and the Grant Application Resolution for Phase II. Motion carried and ordered unanimously.

RESOLUTION AND MAINTENANCE MAP, RE: CERTIFYING MARIGOLD AVENUE AS A COUNTY ROAD

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution and approve Maintenance Map certifying Marigold Avenue in Section 17, Township 21S., Range 35E., as a County Road. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING TAX CERTIFICATES FOR HABITAT FOR HUMANITY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution canceling County-held Tax Certificates 199506942C, 199806601C, and 1999906387C on property at 1788 Southland Avenue in Melbourne, and Tax Certificate 200006020C on property at 1788 Southland Avenue, Melbourne, pursuant to Florida Statutes 197.502(11), as requested by South Brevard Habitat for Humanity Affiliate. Motion carried and ordered unanimously.

AGREEMENT WITH CHILDREN'S SERVICES COUNCIL, RE: FLORIDA HEALTHY KIDS INSURANCE PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Children's Services Council providing the required local match premium payments of $126,040 to the Florida Healthy Kids Program to cover health care insurance premiums for Brevard County's eligible children. Motion carried and ordered unanimously.

CONTRACT WITH DEPARTMENT OF COMMUNITY AFFAIRS AND BUDGET CHANGE REQUEST, RE: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Contract with Department of Community Affairs for FY 2001 Low Income Home Energy Assistance Program (LIHEAP) funds in the amount of $222,284, and approve Budget Change Request amending the current budget of $111,142 to cover expenses from April 2001 to September 2001, and budget the difference of $111,142 in FY 2001/2002 to cover expenses from October 2001 to March 2002; and authorize the Chairman to execute any follow-up amendments or additions contingent upon approval by Risk Management and the County Attorney. Motion carried and ordered unanimously.

APPROVAL, RE: LIBRARY SYSTEM HOLIDAY SCHEDULE FOR 2001

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the Library System holiday schedule for 2001 to include closing all day on April 15, 2001 for Easter and November 11, 2001 for Veterans Day. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH CITY OF SATELLITE BEACH, RE: HIGHTOWER BEACH PARK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Lease Agreement with the City of Satellite Beach for operation and maintenance of Hightower Beach Park for a period of 20 years beginning November 28, 2000. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT SELECTION COMMITTEE, RE: FOOD SERVICE CONCESSIONS AT COUNTY GOLF COURSES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize advertising Request for Proposals from qualified vendors for the operation of food service concessions at Spessard Holland, The Savannahs, and The Habitat at Valkaria Golf Courses; appoint Gary Puckett, Alex Romanoff, Gregory Sanders, Rene Uzee, and the Golf Advisory Board members representing each Golf Course to the Selection Committee; and authorize the Committee to negotiate for the services. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: SCAT BLOCK GRANT FOR FY 2001

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation to allow the allocation of $852,600 in the State Public Transit Block Grant Funds for FY 2001 for Space Coast Area Transit (SCAT). Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH RYDER TRANSPORTATION SERVICES, INC., RE: VEHICLE MAINTENANCE FOR SCAT VEHICLE FLEET

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement to Extend Existing Contract with Ryder Transportation Services, Inc. to provide vehicle maintenance services for Space Coast Area Transit (SCAT) vehicle fleet through December 15, 2002 at approximately $1,500,000 a year. Motion carried and ordered unanimously.

PERMISSION TO SOLE SOURCE PURCHASE, RE: AG-NAV2 GPS SYSTEMS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the sole source purchase of three AG-NAV2 GPS systems from Comer Enterprises, Inc. for installation on Mosquito Control aircraft at approximate cost of $46,500. Motion carried and ordered unanimously.

ACCEPT RENEWAL AND EXECUTE AGREEMENT WITH AETNA US HEALTHCARE, RE: ADMINISTRATIVE SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to accept the renewal from Aetna US Healthcare at increase of 5% for administrative fees, effective January 1, 2001 with maximum increase of 4% for Plan Year 2002, and authorize the Chairman to execute an Agreement with Aetna US Healthcare to provide administrative services. Motion carried and ordered unanimously.

APPROVAL OF APPOINTMENT, RE: COUNTY MANAGER OR DESIGNEE AS HEARING OFFICER FOR APPEAL OF FALSE ALARM FINES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to appoint the County Manager or his designee as the hearing officer to hear an appeal of false alarm fines issued to Ms. Juanita Orona. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FLORIDA CONTRABAND FORFEITURE SEMI-ANNUAL REPORT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to acknowledge receipt of the Florida Contraband Forfeiture Semi-annual Report for the period April 1, 2000 through September 30, 2000. Motion carried and ordered unanimously.

APPOINTMENT, RE: CITIZEN ADVISORY BOARD

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to appoint Nancy Elmore to replace Peggy Crooks on the Brevard Commission on Aging, with term expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve bills and budget changes as submitted. Motion carried and ordered unanimously.

AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS, RE: PRIVATIZATION OF INTERNAL AUDIT FUNCTION

Chairman Carlson advised Item III.D.3., Privatization of Internal Audit Function, was removed from the Consent Agenda; she received three speaker cards; and each speaker will have five minutes to speak.

Clerk-elect Scott Ellis advised he received a copy of the item that was on the Consent Agenda by request; it was not sent to him; he asked for backup and apparently the resolution is the only issue on the item; so he does not know where the Board is starting from. He inquired if the Board previously considered the privatization at a Board meeting; with County Manager Tom Jenkins responding he believes it did. Mr. Ellis requested a copy of the minutes of that meeting; with Mr. Jenkins responding he does not recall specifically when it was done, but he recalls it was discussed; and he would rather confirm that before saying for sure. Mr. Ellis advised another issue says, "The January 2001 transition in Clerks presents an opportune time for the Board to take over the function"; Mr. Crawford announced last year that this would be his final term; and inquired if it would have been a more opportune time to take over the function during the budget hearings; with Mr. Jenkins responding it could have been. Mr. Ellis inquired why is it being done now, after the election and before the swearing in of the new Clerk. Mr. Jenkins responded, with the change of the Clerk, it seemed to be an opportune time to consider whether or not the Board wanted to do it; the Board has not made that decision yet; but the timing seemed to be that, if it is going to do it, it would do it before the new Clerk took over. Mr. Ellis stated an opportune time would have been during the budget hearings because there seems to be a budget adjustment also; and with the budget adjustment, the Board would take over the function of internal audit. Mr. Jenkins stated the Board would not take it over, it would contract it out to an independent auditing firm. Mr. Ellis stated if the Board selects the auditing firm and the committee is comprised of the County Manager and County Attorney, the County is essentially taking it over. Mr. Jenkins stated what he is proposing is an audit committee consisting of the Chairman of the Board or another Commissioner, the County Manager, the County Attorney, but Mr. Knox indicated he would prefer not to serve on it, the Finance Director who reports to the Clerk, and a citizen representative; and that committee would participate in scheduling the work plan as well as monitoring the productivity of the independent auditing firm. Mr. Ellis inquired who would select which areas to be audited; with Mr. Jenkins responding the committee. Mr. Ellis stated so essentially the County would select which portions of the County should be audited; with Mr. Jenkins responding it would be the committee comprised of the Chairman or Commissioner, the County Manager, Clerk's County Finance Director, and a citizen that would make the conclusion. Mr. Ellis stated when he served on the Board, he appreciated the Clerk's audits because they were independent evaluations of how the County was operating and not the County's evaluation of how it was operating; if the Board establishes the audit committee and selects the auditor, it would basically be selecting where the firm would audit; then the audits would be directed by the County Manager to areas he wishes to have audited. He stated it would put pressure on the auditing firm to return a certain type of audit to the Board because it would be reporting to the County Manager; and if the auditors do not report to the County Manager in a direct manner, they report to the Board in a contractual manner, which eliminates the independence of the internal audit function.

Mr. Ellis requested an explanation of directing money from the internal audit function to the Clerk's employees' pay raises. Mr. Jenkins advised every year at mid-year, a budget transfer is made for employees' salary increases; there is $484,000 allocated in the Clerk's budget this year for the internal auditing function; there is only one employee currently working in the auditing function; therefore, there should be significant surplus dollars available in that fund. He stated what is proposed is a tradeoff; the Clerk's Office would keep those funds that were budgeted for the internal audit function and the salary transfer at mid-year would be reduced by that amount. He stated the money would still be available for the Clerk's employees to get a salary increase as scheduled; however, it would come from a different source. Mr. Ellis inquired if the tradeoff would be the Clerk handing over the internal auditing function to the County and the Clerk's employees get a raise; with Mr. Jenkins responding that money could be used for that purpose instead of a mid-year budget transfer; it is the same thing and same amount of money; and staff would ensure the same amount of money was provided to the Clerk so that all Clerk's employees could get a salary increase. Mr. Ellis inquired if Mr. Jenkins is saying if the Clerk keeps the internal auditing function, his employees will not get a raise; with Mr. Jenkins responding no. Mr. Jenkins stated if the internal auditing function stays with the Clerk, then the mid-year budget transfer will occur as scheduled.

Chairman Carlson advised Mr. Ellis time is up.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to give additional time to the Clerk-elect. Motion carried and ordered; Commissioners Scarborough, O'Brien, Colon and Carlson voted aye.

Commissioner Higgs inquired how much time is being given; with Commissioner Scarborough responding it is a critical issue; and unless the Board wants to defer it to a later date, he wants to give Mr. Ellis enough time until he feels comfortable. Commissioner Higgs stated she will vote against that motion because she does not know how long it will take for Commissioner Scarborough to feel comfortable. Commissioner Scarborough stated the Board could table it because it is inappropriate to proceed on something this critical without being fully advised. Chairman Carlson suggested five minutes.

Mr. Ellis stated he was surprised it showed up on the Consent Agenda versus a New Business item; there are some legal issues he cannot address because he is not an attorney; the legal issues have to do with selection of the auditor and how an audit committee is to be formed to select the auditor; and he understands the Florida Statutes say it should be a Constitutional Officer's involvement rather than a County Manager's committee. He stated he is in an awkward position since the Agenda item has taken place before he has taken office; however, Messrs. Crawford and Giles are here to answer questions for the Clerk's Office; and Mr. Scoles, the Internal Auditor, can also answer any questions. He advised Commissioner Colon that the internal auditing function is a different setup than what the cities have.

Commissioner Colon inquired if this is the first time Mr. Ellis heard of the item taking place; with Mr. Ellis responding absolutely, and he was not notified by the Board or by Mr. Jenkins, but by a telephone call that it was on the Consent Agenda; and he called the County Manager's Office to get a copy. He stated it was not a courteous way of doing business; it is a very important matter that concerns the Clerk's Office; and the Clerk should have been notified. Commissioner Colon inquired if Mr. Crawford is comfortable with the way it was brought before the Board and feel it should stay the same or go to an outside auditing firm.

Clerk of the Circuit and County Courts Sandy Crawford responded it should stay under the control of the Clerk the way it is now because the public perception of an independent auditing staff is paramount in allowing the public to believe that the auditors are independently looking at the functions and determining what is going on. He stated if the auditors are under the control of the Board or County staff, it would not be an independent agency; and it would, in fact, put the fox in charge of the hen house. He stated what concerns him is the public perception of an independent auditing staff; the only way to keep that is to leave it under the Clerk and let the Clerk set up a committee, which he is doing; he does not know if the Clerk-elect will keep it up; but they do risk analysis every year to determine what things should be audited, then go out and audit those things. Mr. Crawford stated in March, 2000 there were problems with the auditing staff; he determined at that time that he did not have sufficient time to do a search for an audit director, and felt that decision should be made by the new Clerk; so he held off on going out for a new chief internal auditor. He stated Mr. Ellis should have the capability of either going out to an auditing firm or setting up an auditing staff with a director and auditors; his staff sent out a letter of intent to outside firms and received three responses; but that should be a decision of the new Clerk whether he wants to contract it out or keep it in-house. He stated he believes it should stay the way it is now for the public perception of independent auditing and the watchdog function, because the public looks to the Clerk to perform the watchdog function and ensure nothing is going on that should not be going on. He stated it is not that anything would happen, but it is the public perception of the Clerk doing the auditing as an independent agency; and it should remain independent from the Board and County staff.

Commissioner Higgs inquired how many audits did the Clerk's Office do this year; with Internal Auditor Richard Scoles responding 15 reports this year, and an average of eight reports a year over the past three years. Commissioner Higgs inquired about the time period of the substance that was audited in the 15 audit reports; with Mr. Scoles responding most of the periods that were audited were through 1999, but some of them had earlier time periods. Commissioner Higgs inquired how early; with Mr. Scoles responding 1998. Commissioner Higgs inquired if some of them were earlier than that; with Mr. Scoles responding the time periods would have started earlier than that. Commissioner Higgs stated it would be useful to have that information in a report, because part of the problem the Board had is that final audit reports came so far from the point at which the actual transactions occurred. She inquired how many people are on the auditing staff now; with Mr. Scoles responding he is the only auditor on staff at this time. Commissioner Higgs inquired how much is the budget; with Mr. Scoles responding $484,000, but he does not set the budget. Mr. Crawford stated Mr. Giles is the acting Audit Manager now. Commissioner Higgs stated what has occurred is the Board had a $484,000 budget and one person auditing and issuing reports that went far back in time; and the issue of using an auditing firm was first present to her by Mr. Giles as an option several months ago. Mr. Crawford reiterated previous statements of seeking an outside auditing firm and holding off on a decision so the new Clerk can decide which way he wants to go. Commissioner Higgs stated since March, 2000, the concept of using an outside CPA firm was considered; the Clerk's Office initiated request for proposals on it, so it did not just boil up; and the indication that it just boiled up from Mr. Jenkins or the Board is not a concept the public should get because it was actually initiated by the Clerk's Office as a result of having one person as an auditor and limited resources to put into that function. Mr. Crawford stated he made the determination not to go with an outside auditing staff because of budget problems. Commissioner Higgs inquired if Mr. Crawford shifted funds from the auditing function to cover the cost of additional employees; with Mr. Crawford responding yes. Commissioner Higgs inquired if the auditing function has not been performed by the Clerk's Office for a number of months other than by one individual and backup from Mr. Giles; with Mr. Crawford responding since March, 2000; however, he did not intend for it to stay that way. He stated if he was staying on as Clerk, he would have made that decision; but he was not in that position and decided the next Clerk should make the decision which way he wants to go. Commissioner Higgs stated the value of the audits for the Board is to know exactly what is going on in a fairly timely manner, and be able to correct any problems that may exist; however, the Board has not had timely audits and has directed resources towards audit.

Mr. Jenkins advised $484,000 was put in the Clerk's budget for the auditing function; only one auditor is currently being used; however, the proposal on the Agenda is not intended to reflect negatively or adversely on Mr. Scoles who has been very professional and has done a professional job. He stated the Board budgeted almost half a million dollars for internal auditing and has gotten one person for its investment; when used constructively, audits can be an important management tool to reduce risks and evaluate cost-effectiveness and productivity; and it may well be in the public's interest to place the auditing function under the Board to ensure that the half a million dollars that it is investing is spent for what the Board intended it to be spent for and not for fixing another problem created by the Clerk's Office. Mr. Jenkins advised using an independent auditing CPA firm to conduct post audits and performance audits will provide independent objective audits by highly-qualified professionals; using an independent auditing firm is not a tool of the County Manager or County staff; the County currently uses a professional auditing firm to perform an annual financial audit of the County Commission's agencies as well as the Constitutional Charter Officers; so the concept is not new. He stated contracting the service to the private sector should increase productivity, reduce the size of County government, and insure objectivity in the auditing process; and it would provide a check and balance system between managers and independent auditors. He stated it is important to emphasize the independence of the auditors; the Board has used this approach for many years to perform financial audits annually; it has worked very successfully; and in order to insure that the auditing process is managed objectively and with the highest level of integrity, an audit committee consisting of the Chairman or another Commissioner, Finance Director, County Manager or designee, and a citizen would develop an annual work plan for the independent auditing firm, as well as monitor productivity of the auditors. Mr. Jenkins advised the legality of the proposal is addressed in Alachua County Court Case, 1977, which established that, "The Clerk performs its financial watchdog duties by confirming the legality of board expenditures when issuing checks to pay board bills. This is a pre-audit function and in fact legally meets the legal requirements for the financial watchdog duties. The Clerk can also perform audits of county commission agencies as internal auditor, unless the Board opts to contract that function out to an independent auditing or CPA firm." He stated to document the legal conclusions, he referred to Alachua County v. A. Curtis Powers, Clerk of the Circuit Court, 1977; an Attorney General's Opinion in 1986; West Florida Statutes Annotated; County Attorney's Opinion of 1996; a recommendation from the Chief Deputy Clerk in November, 2000; and Florida Statutes 125.17. Mr. Jenkins advised the Board has a past practice of contracting out a number of services to the private sector, so this is not an unusual concept.

Commissioner Scarborough stated there are two issues involved; one is whether the decision of what to audit and how to audit is directed by a committee or by the Clerk; and the other is whether the Board pays for people to do it in the Clerk's Office or have an outside CPA firm do the audits. He stated the resolution could say the Board hires an outside CPA firm and the Clerk continues to make the decisions; and inquired what Mr. Ellis would think of the Clerk and Chairman of the Board deciding where the audits are directed; with Mr. Ellis responding no, it is going back to the original proposal by Mr. Giles. Commissioner Scarborough stated there is a combination of things; if the Clerk's independence gives a degree of credibility, keep the Clerk involved, but also have the Chairman involved as to where the direction should go. He noted there is the ability to hire an outside CPA firm to work with the Board.

Mr. Ellis stated it is very important that the auditing function be separate from the appropriation function; and that is the way it is set up now, with the Board appropriating the funds and the Clerk conducting the auditing function. He stated combining both of those and contracting a CPA firm dependent on the Board and County Manager for continuation of the contract would tend to inhibit the firm's independence versus contracting it out through the Clerk's Office. He stated the Board would appropriate the money, and the Clerk would select the firm; but what has been proposed is some kind of committee.

Commissioner Scarborough stated he understands the independence of the Clerk's Office; but Commissioners are elected as fiduciaries for the public's money as well; so there has to be some compromise. He stated the Clerk could consider input from the Board on where it has concerns, where it would like to go, and its thought process being a part of the consideration. Mr. Ellis stated the appropriate place for this issue would be a workshop with the new Clerk in January 2001, or prior to this item being put before the Board, a workshop with Mr. Crawford in the Spring of 2000 during the budget process. He stated although there has been money appropriated for the auditing function, the new fiscal year just started 30 days ago; so it is not as if the $484,000 have been spent; there is time to staff the internal auditing function in the Clerk's Office if that is the route chosen; but it would be more appropriate to go to a workshop environment rather than a Consent Agenda item in a more formal surrounding like it is now.

Commissioner Higgs advised the Board has a responsibility to know what is going on with Board agencies; in the past, the auditing function has not looked at performance of Board functions or of the people under the County Manager's Office; and an audit can be used by the Board to get a gauge on the performance of County Departments and the implementation of decisions it makes. She stated in the past, the Board has not had the ability, through the audits, to determine those performance issues, evaluate how those people are implementing policies, and what the budgets are doing. Commissioner Higgs stated the Clerk has a pre-audit function as described in the Florida Statutes and various readings she has looked at, on how monies are being spent and if they are authorized and lawful; the Board has a responsibility to see that things it asked to be done and allocated money for are being accomplished; and the Board needs to look at whether it wants to use a committee described by the County Manager, and seize the opportunity to really audit those functions for Board purposes. She stated Osceola County has an interesting function through its Charter; they have an auditor for the board to determine whether things are being implemented in line with the board's directives; and there are things Brevard County can learn, through an audit by a CPA firm, in terms of financial and performance that can make County government much more effective, rather than a post-audit done two years after-the-fact to determine whether pennies were allocated correctly. She stated although that is extremely important, the Board needs to know if it is getting the kind of performance to make government really work; and that is what she wants to see occur. Commissioner Higgs stated she is not totally comfortable with the audit committee as described; but the Board should seize the opportunity for performance audit as well as financial audit to fully implement its directives and ensure it is in line with what the Board thinks is being done. She stated the auditing function of the Clerk has certain things that they do; but the Commissioners have a responsibility to be sure that what it is allocating funds for and what it thinks is being done is actually being accomplished.

Commissioner Scarborough stated he understands the check and balance, but the vitality of the audit coming to life and changing policy is because the Board sees it as a tool and uses it; it is half a million dollars that it needs to utilize to make more efficient government; and it may be headed in the right direction, but he does not know where it will end up.

Commissioner Higgs stated questioning what is done and how it is being done is very important; it is not just if the pennies are legally being allocated, but are those pennies being maximized in their use; and that is where the Board is missing the boat in the current way it is doing audits. She stated it is not being done very much; and it is not being done to maximize performance.

Chairman Carlson advised the Board had many discussions on performance-based budgeting which it is trying to integrate into its budget process; it is trying to make sure it maximizes performance; and internal auditing, coupled with other auditing functions based on performance, should make a big difference in how the Board does business.

Charlie Burns stated he was shocked to find the item on the Consent Agenda; he did some research to find out what it was; and it scared him. He stated he has the highest confidence in each Commissioner, but there are term limits and they will be gone; and other Commissioners' past antics have been legendary. He stated the second scary part is that once the Commissioners' terms are up and they move on, staff remains and the people have no control.

Mr. Crawford advised his Office has done risk analysis each year before it performs audits; that risk analysis involves asking almost everybody in the County what they want to see and why; the responses are analyzed and an audit is determined in that fashion; so it is not a willy-nilly decision on what they need to audit. He stated they go out and try to find what the interests are of the Commissioners, staff, and other people in the areas; it is not something picked out of the air; it is done with comments from all the people involved; and a committee goes over what audits should be performed. Mr. Crawford stated they do compliance auditing; they determine that the people are performing what the Board and the laws say; and that is what the audits have done. He stated as far as bringing them to the Board in a timely manner, the Board will have the same problem with an outside auditing firm performing to GFOA standards because it takes time to get everyone interviewed, hold meetings that are necessary to bring the audits to fruition, make corrections, and have everyone buy off on it. He stated when the Board sees the final audits, they have gone through many meetings; so timeliness is a problem; and his Office has worked on that, but it is not easily solved.

Mr. Jenkins advised when the internal auditing function was looked at several years ago, he recalls discussions with several outside auditing firms in Brevard County; and it was the general consensus of those firms that the cost of the service would go down and the productivity would go up if it is contracted out; so there is some differing views on what Mr. Crawford just said. Mr. Crawford comment if he was trying to get a contract, that is what he would have said also. Mr. Jenkins stated the Board has an annual financial audit by an outside contractor, and that gets done on a timely basis.

Chairman Carlson stated what the Board has determined by its comments is a lack of confidence in the Clerk's Office getting the job done; the issues of cost-effectiveness, accountability, responsibility to the public, and timeliness have all been brought up; and there was also mention of a compromise. She stated the Clerk's Office has gone through some fiscal difficulties with the new computer system; the Board approved a loan to the Clerk that will be up to the new Clerk to decide how to repay those dollars; but if the Board wants to look at performance issues, a compromise might be to take over the auditing function for a year so the new Clerk can get his feet on the ground and work out the fiscal difficulties; and once he has a good handle on that and a plan to address how he is going to do internal audits, the Board could reconsider it in a year. She stated because of the lack of confidence the Board is showing, the perception of the public, and understanding the difficulties the Clerk has had, the Board may want to consider that as a compromise.

Commissioner Scarborough stated there may be other questions with the Clerk's Office beyond just internal auditing, such as the computer system and where the new Clerk wants to go; he hopes the Board will give the new Clerk a full rein in the transition; and as soon as Mr. Ellis can be oriented, the Board should have a workshop on all the issues. He stated an option is the Board taking it over, but a few months is not going to gain anything; so he would prefer to defer this issue until the Board has a workshop as suggested by the Clerk-elect because he has a lot of questions on how all those issues come together and is not prepared to do anything today.

Commissioner Higgs stated the Board could move forward with a different type of committee than proposed that would combine the Board and a representative from the Clerk's Office as well as a citizen; that kind of makeup allows for a different way of looking at what the Board is going to get out of the audits; she looks at audits as a tool for the Board to use; so she would like to see a couple of Commissioners and a Clerk's representative as the audit committee moving forward to develop the function as opposed to a staff audit committee auditing its own functions. She stated that is the way she sees it as working out and would like to move forward on it; the Board has not gotten the kind of audits it needs; Chairman Carlson talked about a year; and she would like to see the Board do that.

Commissioner Scarborough stated that may be where he would feel most comfortable, a combination of the Clerk to keep the independence and the Board to be a part of it; the Board has a commitment to implement and make sure it is driving the overall scope of where it is going as a County; it has a degree of independence because Commissioners disagree all the time; however, Mr. Ellis has not been sworn in yet, so if the committee is created today, who will serve on it. He stated the Clerk-elect is going to be the key player in the future; so the Board needs to wait and have patience. Commissioner Higgs stated the Board can be patient until January 3, 2001 and allow the Clerk at that time to start the committee; but the Board can initiate the way it will go forward, and not go forward with an RFP until that time. She stated she does not have anxiety about doing that, but thinks the Board should make a decision today on the way the committee is going to work that would allow some planning to occur and begin with the audit committee in January, 2001. Commissioner Scarborough inquired if the audit committee would include Mr. Ellis, the Chairman or a Commissioner, and a citizen; with Commissioner Higgs responding or the Clerk's representative. She stated she is looking at it as a Board committee in a lot of ways; maybe two Commissioners and the Clerk's representative; and that committee develop the concepts.

Chairman Carlson inquired if someone wants to put it in the form of a motion.

Motion by Commissioner Higgs, to move forward with an audit committee in January, 2001, to hire an independent auditor through the process outlined by the County Manager. Commissioner Scarborough seconded the motion for discussion.

Commissioner O'Brien stated it would be inappropriate to have two Commissioners and the Clerk as the committee, so he cannot support the motion. Commissioner Higgs inquired what would Commissioner O'Brien suggest; with Commissioner O'Brien responding the committee should have a citizen who has been briefed and is reasonably knowledgeable about every Department within County government who could say where it would be appropriate to audit. He stated citizen input has to be a part of the process. He stated he feels strongly about privatization; here is an opportunity that should have been taken advantage of a long time ago; so the Board should go forward and do it now. He stated everyone calls for less government; here is an opportunity to do exactly that and have an outside independent auditing firm with directions from the committee as to where to go to perform an audit; and the Board would stand back and wait for the audit report. Commissioner O'Brien advised he has complained time and time again about the results from a lot of the audits that were performed; they were two or three years old, so the information within the audit was almost useless; and with an independent auditor, the Board can say audit the Parks and Recreation Department and come back with a report in six months; and the Board can do that with an independent auditing firm by contract. He stated it is appropriate to go that route because the people do not need more government employees or bureaucracy getting in the way.

Commissioner Colon advised it should stay the way it is under the Clerk of the Courts because it should be an independent evaluation. She stated she is uncomfortable about the way the whole thing was done; she is not in favor of changing anything; the citizens' perception is everything; and if the Board is in charge of doing it, it would not send a good message, so she would not support the motion.

Commissioner Scarborough removed the second to the motion. Motion died for lack of a second.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to schedule a workshop on the internal auditing function with the new Clerk after he is installed in January, 2001. Motion carried and ordered; Commissioners Scarborough, O'Brien and Colon voted aye; and Commissioners Higgs and Carlson voted nay.

Commissioner Scarborough stated establishing a committee today with some apprehension on the part of the Clerk-elect and a couple of Commissioners does not give the Board any lead; he would prefer to proceed with the new Clerk on the most favorable basis; and there is a feeling by some Commissioners that it needs to be discussed further.

Chairman Carlson advised the Board will have a workshop in January, 2001; and she would like to get it done as soon as possible if it can be organized. Mr. Jenkins stated staff will check with the Commission Offices on their schedules.

Commissioner O'Brien stated in January 2001, he wants to be assured the money that has been budget for auditing is not spent elsewhere for other reasons or for problems that have been created in the past. Mr. Ellis stated he fully understands Commissioner O'Brien's position; and if he was a Commissioner, and the Board allocated $500,000 for cars, and the cars were not purchased, he would expect to have the money returned. Commissioner O'Brien stated that is exactly right. Mr. Ellis stated he understands that the money is to be spent for auditors and not for any other purpose; and that was his question to Mr. Jenkins earlier about using the money for pay raises.

Commissioner Higgs stated she is not sure tabling it says the Board supports an auditing function, but she heard support for moving forward with a joint committee. She stated Mr. Ellis always supported privatization; and perhaps at the workshop they can discuss a position they can all agree on.

Mr. Ellis stated he always supported the Clerk's audits and thought it was a very important function when he was on the Board; and one year, during the budget process, there was an attempt to cut one of the auditors, and he opposed it. He stated Commissioner O'Brien's point is well made that the Clerk should not take the money budgeted for auditors and spend it elsewhere; and he agrees with that point. He stated that would be very wrong for the Clerk to do, and would essentially be a breach of faith.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN TITUSVILLE FRUIT AND FARM LANDS - JAMES LEPPEK

Chairman Carlson called for the public hearing to consider a resolution vacating a right-of-way in Titusville Fruit and Farm Lands, as petitioned by James Leppek.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating a right-of-way in Titusville Fruit and Farm Lands, as petitioned by James Leppek. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN WINDOVER FARMS, UNIT 4 - DOUGLAS AND OLIVIA MULLINS

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easements in Windover Farms, Unit 4, as petitioned by Douglas and Olivia Mullins.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating public utility and drainage easements in Windover Farms, Unit 4, as petitioned by Douglas and Olivia Mullins. Motion carried and ordered unanimously.

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

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

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Richard and Elizabeth Showers. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND AGREEMENT EXCHANGING PROPERTY FOR DAIRY ROAD AND SINGLETON AVENUE INTERSECTION IMPROVEMENT PROJECT

Chairman Carlson called for the public hearing to consider a resolution and agreement with Ernest C. Spivey to exchange property for the Dairy Road and Singleton Avenue intersection improvement project.

Commissioner Scarborough advised the exchange will benefit the County.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution authorizing exchange of property with Ernest C. Spivey for Dairy Road and Singleton Avenue Intersection Improvement Project; and authorize the Chairman to execute the Agreement with Mr. Spivey setting forth the conditions of the exchange. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 83-28 ESTABLISHING COMPREHENSIVE REGULATIONS FOR SUBDIVISIONS IN LAKE WASHINGTON AREA

Chairman Carlson called for the public hearing to consider an ordinance amending Ordinance No. 83-28 establishing comprehensive regulations for subdivisions located in the vicinity of Lake Washington.

Charlie Burns advised the ordinance involves the Subdivision where he lives; they try to build decent housing out there; the Lake Washington Ordinance was established in the early 1980's; but the whole plan was flawed because of an error in the lake level. He stated in an attempt to protect the canals and waterways the Ordinance only applied within two miles of Lake Washington; there has never been a problem with flooding or septic systems; and the Ordinance has never been applied for everything built out there, including on County property where there is a dog pound and parking lot. He stated all those things have been built and the Ordinance ignored until recently when an employee with the Health Department found it and decided to enforce it. He stated there is no reason to enforce it; he has been there 14 years and has no flooding problems; and the amendment changing the setback is not going to cause a problem, so it should be approved.

Commissioner Higgs advised a provision in the Surface Water Protection Ordinance requires the first inch of runoff for impervious surfaces that drain to the shoreline be designed by a professional engineer to a stormwater system; it is waters around Lake Washington that drain into the Lake, which is a very important source of drinking water for the Melbourne system; so that provision should be included in the proposed ordinance under Section 5, subsection (e). She stated it would make it a doable area to build in and protect the surface water as well.

Chairman Carlson inquired what is the impact of the additional provision; with Natural Resources Management Supervisor Debbie Coles responding the Surface Water Ordinance requires a stormwater system when the buffer on Class III waters is reduced; it would be 25 feet reducible to 15 feet with a stormwater system if the shoreline is natural and 10 feet if it has a bulkhead; so it would not be out of character to provide additional protection for water quality.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance of Brevard County, Florida, repealing Ordinance No. 83-28 and creating comprehensive regulations on the use of land, structures, buildings, and onsite sewage disposal systems in existing platted subdivisions located within the vicinity of Lake Washington; specifically creating Section 46-80, Area Encompassed; creating Section 46-81, Definitions; creating Section 46-82, Minimum Building Area Requirements, Variance from the Minimum Building Area Requirements, Habitable First Floor Elevations, and Setbacks for the Ordinary high water levels; creating Section 46-83, Exemptions for minor structures; creating Section 46-84, Appeals; creating Section 46-85, Penalties; creating Section 46-86, Administration; providing for resolution of conflicting provisions; providing for severability; and providing for an effective date, as amended to add to Section 5, subsection (e), the first inch of runoff for impervious surfaces that drain to the shoreline be designed by a professional engineer to a stormwater system.

Commissioner O'Brien advised the amendment to the proposed ordinance will create a tremendous expense for someone who wants to build a home in the Lake Washington area; and suggested taking out one sentence, and leaving in, "All requirements for stormwater management shall be reviewed and approved by the Division of Stormwater Management and shall be inspected by the Office of Natural Resources Management as necessary." He stated it would be more appropriate and reduce the cost of hiring a professional engineer to tell them where to put swales, berms, or native vegetation. He stated the County's professional staff can tell the home builder in the permitting process whether it will work or not, rather than subject the landowner to hiring an engineer and paying another $500.

Chairman Carlson inquired if that is something staff can do to alleviate some cost; with Ms. Coles responding that is possible, and they may be able to get some assistance from Land Development Division because they review other drainage features on lots. She stated the way it is currently set up, it will cost the homeowner between $150 to $300 to get a stormwater system engineered for his or her site.

Commissioner Higgs stated it is inappropriate to ask staff to design private property; they can advised if it is in compliance, but the home builder needs a professional engineer who can say it is consistent with what the County has done to protect the Indian River Lagoon. Commissioner O'Brien stated he did not mean for staff to design anything, but to review the plans of how they intend to capture the first inch of runoff; and to force a person to get an engineer to put a seal on the concept is adding more expense for the homeowner. He stated when a person submits plans, staff can say it will or will not work; they are professional and knowledgeable; and it is not uncommon for staff in various Departments to work with the citizen who pulls a permit and submits plans and say whether it meets the setbacks or what can be done to be in compliance.

Chairman Carlson advised putting the language in the ordinance is an important aspect to make sure the Board gets what it wants out of the ordinance for the special case of the Lake Washington area; folks who choose to live on any water body in the County has to go under Class II stormwater requirements; and it is not a good idea to start picking and choosing when it will apply the requirements.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 122, ARTICLE II, TO INCORPORATE WATERWAYS CODE FOR INDIAN LANDING SUBDIVISION

Chairman Carlson called for the public hearing to consider an ordinance amending Chapter 122, Article II, to incorporate waterways code for Indian Landing Subdivision.

Assistant County Manager Stephen Peffer advised the amendment to the Ordinance was requested by the developer to protect the resources in the area.

Ed Fleis, representing Floridron Indian Landing, Ltd., Inc., presented a handout to the Board updating the development phase of the project. He stated in the application stage they looked at a lot of alternatives, one of which came to the Board; it is a project that is receiving a recommendation of approval from the St. Johns River Water Management District; and what they are before the Board for is to request amendments to the Ordinance to make Babe Cushman Canal a combustion motor exclusion zone and to add a slow speed zone 900 feet to the west and south of the property. He stated the Babe Cushman Canal is the north canal of the property; they started with proposed boat docks with navigational aids to direct boats to the southeast of the property where there is a deep natural channel; but now there will be no motor boats allowed in the Babe Cushman Canal; and a barrier will be installed on the westerly side to prevent boats from coming in and out of the Canal. He stated there will be a six-foot wide opening at the center of the barrier to allow kayaks, canoes, small sailboats, small flat boats, and emergency vehicles from the Coast Guard and Sheriff's Department. Mr. Fleis stated there are 53 waterfront lots; since there will be no motor boats allowed on the Babe Cushman Canal, they will put 31 boats in storage to the east of the south of the Kel Fox Canal and have 22 wet slips in the Kel Fox Canal, which would provide one boat for each waterfront lot owner. He stated river access will be through the Kel Fox Canal; and they are working with the Coast Guard and Department of Environmental Regulation on installation of navigational aids. He stated they have set up a monitoring program to measure impacts to seagrasses; and the request for the no combustion motor zone and slow speed zone is to protect the submerged resources in the are and to protect the manatees. He presented the Board a copy of the Boaters Guide to Brevard County that shows the areas of slow speed zones, noting they are extensive in the South Beaches. He stated their zone does not include all the seagrass beds, but any boats accessing the property are required to be under slow speed control.

Commissioner Higgs advised she is supportive of the request; presented pictures from the St. Johns River Water Management District showing the significant submerged resources in the area; and stated they are worthy of protection.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 122, Article II, Code of Ordinances of Brevard County, Florida; specifically creating Section 122-40, Definitions; creating Section 122-41, Waterway Use Regulations; creating Section 122-42, Posting of Restricted Areas; creating Section 122-43, Exemptions; creating Section 122-44, Enforcement; creating Section 122-45, Penalties; providing resolution of conflicting provisions; providing for severability; and providing for an effective date.

Chairman Carlson advised, the third paragraph says, "Whereas, to minimize and avoid potential impacts from boats accessing the river from the Kel Fox Canal to manatees and the seagrasses lying southeast of the project site, the developer proposes to limit the draft of boats to 18 inches"; and inquired how would that be policed; with Mr. Flies responding they have deed restrictions under review by St. Johns River Water Management District; it will be enforced by a boating committee which will include Directors of the Homeowners Association; and any boat, before it can be brought into the property, has to be reviewed by the committee. Chairman Carlson inquired how will they achieve keeping motorized boats out of the Babe Cushman Canal in terms of visiting residents who live on the canal; with Mr. Fleis responding they proposed to install a barrier with signs labeling it as a private canal and combustion motor exclusion zone.

Commissioner Higgs advised the developer has filed legal action against the Board; it is her understanding they have withdrawn those or submitted a motion to dismiss the legal action; and inquired if that is correct; with Mr. Fleis responding that is correct; they kept the option open until they had something considered approvable by the St. Johns River Water Management District. Commissioner Higgs inquired if there is pending legal action against the Board; with Mr. Fleis responding he is not sure, but there will be no pending action because they have taken the position that once they have a project approved by the St. Johns River Water Management District, they would not pursue the channel they brought before the Board. Commissioner Higgs stated she has a September 22, 2000 dismissal, and wants to make sure there is no other litigation; with Mr. Fleis responding there were two actions; one action dealt with vested rights; and the other dealt with the rescission of the vote that has been on the table; and he is not sure if that has been officially closed.

Chairman Carlson inquired if Mr. Knox has any input; with County Attorney Scott Knox advised it is a petition for writ certiorari which would lead him to believe it was the original action the Board took as opposed to the vested rights action, but he cannot tell the Board which one it is if there were two actions pending. He stated he understands from Mr. Fleis, that whatever actions are pending will be dismissed. Commissioner Higgs stated she wants to be sure that Mr. Fleis is speaking for the developer; with Mr. Fleis responding he is speaking for Floridron. Chairman Carlson inquired if all suits will be withdrawn; with Mr. Fleis responding that is correct.

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

PUBLIC HEARING, RE: TRANSMITTAL OF 2000B COMPREHENSIVE PLAN AMENDMENTS TO DEPARTMENT OF COMMUNITY AFFAIRS

Attorney Tim Pickles, representing George McLeod, owner of 4.1 acres on 420 McKinley Avenue in Avon-by-the-Sea, advised the property is nestled between Cape Canaveral to the north and Cocoa Beach to the south; his client was notified that the County was considering reducing land use designations of the entire Future Land Use Map of Brevard County from 30 units per acre to 15 units per acre; and in response to that, he asked the Board to pass an amendment reducing those properties, but excluding those that have a land use designation of 30 units and currently zoned RU-2-30. He stated the Board approved that; Amendment 2000A submitted to Department of Community Affairs withdrew approximately 200 acres of 30/30 properties and eliminated about 9,000 acres of 30 land use designation; so now there are only 200 acres in existence. Mr. Pickles advised the Amendment before the Board seeks to eliminate the remaining 200 acres to comply with a directive from Department of Community Affairs to reduce overall densities; and he has no problem with that if his client's property is eliminated. He noted Mr. Ray is in a similar position. He stated the elimination of density per acre on oceanfront property has a significant impact on the value of the property; and to resolve that issue, the Board can: (1) maintain the status quo, pass the amendment as is, and retain the 200 acres of 30/30 properties, which would be sufficient to reduce the overall densities; (2) take the LPA's recommendation to withdraw the 200 acres and examine them in more detail at a future date; or (3) pass the reduction and issue a directive that certain properties be excluded and maintain their status. He stated that has occurred in the past in the South Beaches and is not without precedent; nine properties were eliminated and a directive issued by the County excluding those properties from reduction in land use designation and zoning; so the third option would probably be best for the County and his client, as well as Mr. Ray. Mr. Pickles stated every property owner who has 30/30 designation was given notice of the LPA and this meeting; there were only two who showed up, his client and Mr. Ray; so he proposed a motion for the Board's consideration that would accomplish the objective. He presented a copy of his motion to the Board.

Commissioner O'Brien inquired if there are other properties that should be exempt; with Planning and Zoning Director Mel Scott responding staff received notices from the Rays, Greenwald, McLeod and Molika property owners via correspondence and personal appearances. Commissioner O'Brien inquired if a separate directive is required for each property, or can one motion cover all four properties; with Mr. Scott responding one motion would express the Board's intent. Commissioner O'Brien stated this item reduces the density along the beaches and Merritt Island; the public does not want high density in those areas; so the Board would be meeting the public's demand by approving this amendment.

Clifford Ray advised he owns property in Avon-by-the-Sea which he has been in the process of selling to the Trust Republic Lands; the Trust has presented the package to the City of Cocoa Beach for a park; the Trust only pays for property based on highest and best use; and down zoning his property would decrease the appraised value which would drastically affect him financially and emotionally. He stated they put 85% of their life savings into the property; and if it is devalued, he does not know how long it will take to get back to the value it is now. He stated the down zoning would cut off any possibility of selling the property for a park; and he would probably have to sell it to a developer who has more flexibility to pay 40% more, which is not an option the Trust Republic Lands has. He stated this is his best chance to sell the property for a park; surrounding properties have been developed at 30, 28, 26, and 10 units per acre; immediately to the south is a property developed on a 40-unit per acre site which has 66 units in an eight-story highrise; so his property is currently consistent with the surrounding properties. Mr. Ray advised they have been before the P&Z Board twice, and both times it voted to accommodate them; nobody has spoken in opposition of giving them the latitude to retain the current density; and nobody seems to oppose the property being developed as zoned if the park deal falls through.

Maria Ray advised her priorities are to preserve the land for a park and get a return on the 25 years invested in her business. She stated she does not want to sell the property to a developer, but does not want to lose her investment; they have been working with the Trust Republic Lands; and the City of Cocoa Beach passed a Resolution that it wants the land for a park. She stated reducing the density from 30 to 15 would cut their investment in half; and requested the Board consider leaving it out of the package so they can sell it for a park.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Amendment 2000B for transmittal to Department of Community Affairs excluding the Rays, Greenwalds, McLeods, and Molikas' properties. Motion carried and ordered unanimously.

Mr. Scott advised Amendment 2000B.4 on pages 100 and 101, have two alternative formats to incorporate the Indian River Lagoon Scenic Highway language; and requested approval of one alternative.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve Alternative B. for Amendment 2000B.4. Motion carried and ordered unanimously.

Mr. Scott requested the Board direct staff to bring the Amendment back for adoption with the administrative rezonings prepared so it is not a protracted process.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to bring back Amendment 2000B for adoption with the administrative rezonings. Motion carried and ordered unanimously.

APPROVAL, RE: 2001 BOARD MEETING SCHEDULE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Option 2 for the 2001 Board of County Commissioners meeting schedule.

Chairman Carlson advised Option 2 is designed to decrease the number of meetings by meeting every other Tuesday and evening zoning meetings and regular evening meetings every other month, bringing the total to 36, 22 day and 14 evening meetings, plus seven workshops for the year.

Commissioner Scarborough stated on some occasions the Board had very long meetings where people had to sit through the entire meeting to get a few minutes before the mike; and it is an injustice to make them sit at a meeting for eight hours, so he cannot support a reduction in the number of meetings.

Commissioner Higgs stated Option 2 gives the Board the flexibility to change and add meetings and workshops if that is its desire; at times the Board tended to fill the space, draw things out, and be less than crisp in handling business; so she would like to see the Board get through the business at hand and not drag it out because there is space. She stated Option 2 provides the flexibility to look at that; and if it is not working, it can be changed. She stated the workshops have been productive; and Option 2 allows adding more workshops as needed.

Commissioner Scarborough stated he supports the workshop concept, but there has been occasions where a number of people in the audience have waited all day to speak; and regardless of how hard the Chairman works, it is a mammoth undertaking. He stated it will be an imposition to some people who wish to participate in government, so he cannot support it.

Chairman Carlson advised it is the Chairman's interest to make sure all voices are heard in a timely manner; and if there are controversial issues, she would hope staff would identify those ahead of time and put them on evening meetings potentially by themselves so there is enough time for the Board and public to address the issues and not drag on an entire day in one meeting. She stated it behooves the Board to try and make the meetings go as efficiently as possible, focus on the issues, and get as much public input as possible; and Option 2 may work to provide that flexibility. She stated reducing the number of meetings gives the Board the ability to call meetings when it has controversial issues and make it just for that particular issue; and she is not interested in allowing people to sit all day at a meeting.

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

DISCUSSION, RE: ROYAL OAK RANCH C & D LANDFILL

Chairman Carlson advised the request is to authorize the County Attorney's Office to file written objection and proceed to administrative hearing regarding a permit application from Atlantic Investments Systems to operate the Royal Oak Ranch construction and demolition landfill.

Commissioner Scarborough advised Brevard County was successful in obtaining a temporary injunction against Delta who was operating the landfill; Delta representatives went to Tallahassee and tried to remove the County from having any control; and with the help of the Brevard Legislative Delegation, they were unsuccessful. He stated Delta appealed; and thanks to Mr. Knox the County was successful in having Judge Torpy's Order upheld on appeal. He stated the County is moving forward to obtain a permanent injunction; independent of that, Department of Environmental Regulation has been called in to do a criminal investigation; and although there is a temporary injunction and the County is proceeding to a permanent injunction, and Department of Environmental Regulation is doing criminal investigation, an application was filed on behalf of the Estate of John Hogan, his corporation, and Delta to obtain another operating permit. Commissioner Scarborough advised the operating permit is alleged in the newspaper by the applicant's attorney to be just for closure; however, Department of Environmental Regulation, in the article, indicated they tend to expand the operation for 12 additional acres; and in conversation with the applicant and the applicant's attorney, there was no indication of a desire to close the landfill. He stated it is prudent to take an active role in the permitting process, otherwise, it may prejudice proceeding towards a permanent injunction.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the County Attorney's Office to file a written objection and if necessary to proceed to an administrative hearing regarding a permit application filed on behalf of Atlantic Investment Systems to construct/operate the Royal Oak Ranch C&D Landfill for construction and demolition debris disposal; and to permit the continued use of Kevin DeLange as the County's consultant in this matter. Motion carried and ordered unanimously.

DISCUSSION, RE: STERLING v. BREVARD COUNTY

County Attorney Scott Knox requested the Board reaffirm his pursuit of a motion for a rehearing in the Sterling v. Brevard County case which had it's genesis with the original Charter Review Commission. He stated there were several amendments presented by the original Charter Review Commission that were put on the ballot and went through the referendum process; there were also some presented to the Board by a subsequent group that purported to act as the Charter Review Commission; and the Board rejected those amendments on various grounds, some of which were unconstitutionality. He stated the decision by the Fifth District Court of Appeal requires the Board to place six amendments on the ballot that were presented to it by that purported Charter Review Commission; but before the Fifth District Court of Appeal's Order was rendered, the Circuit Court Judge in Brevard County declared two of those amendments unconstitutional, and the term limit amendment was put on the ballot and passed; so it is clear that the Fifth District Court of Appeal does not know of some of the things that have happened, and apparently did not realize the unconstitutionality of the two amendments that were appealed to that court. He stated his office requested they consolidate that appeal with this particular appeal as grounds for a rehearing, and would like to pursue that if possible.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the County Attorney's Office to pursue the filed Motion for Rehearing in the Sterling v. Brevard County Case No. 5D00-578 in the Fifth District Court of Appeal.

Commissioner Higgs advised the Board was named individually in various actions by Sterling and that group; there has been action filed personally on her behalf in regard to part of the action by Judge Kahn; part of Judge Kahn's Order has been appealed by the other side in her behalf; and she asked Mr. Knox if that action in any way would put her in a conflict of interest position regarding a vote on this motion today. She stated Mr. Knox advised her it does not; and she wants to get that on the record. Mr. Knox advised, that is correct, it does not cause a conflict of interest.

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

Commissioner Higgs stated there are several different actions, including one she is personally involved in; and requested Mr. Knox advise the Board in writing about those and how they may fit together or not fit together and if in any way there should be some consideration of the Board of some of the other suits that are out there. Mr. Knox advised a lot of that would depend on what the Fifth District Court of Appeal does on the motion for a rehearing; and once it rules on that, he can give the Board a better picture of where it is. Commissioner Higgs inquired how long will it take; with Mr. Knox responding it is hard to say.

PUBLIC COMMENTS - SHERYL ALBERGA, ANN DOWNING, BETSY BAIRD, AND JEANNE ALLEN, RE: WILLIAMS HOUSE

Sheryl Alberga, Ann Downing, Betsy Baird, and Jeanne Allen all requested the Board postpone demolition of the Williams House built in 1909 because it is a historical building that should not be destroyed; and presented a petition requesting preservation of Melbourne Beach's first town hall. They said there is a lot of interest; they are working to get a 50/50 grant from the State; they are confident the community would provide the 50% match to preserve the building; and advised of historical books about the Town of Melbourne Beach.

Commissioner Higgs advised the County has been through the process of what to do with the Williams House and a number of renditions of how much it would cost and finding someone interested in taking it; and Mr. Nelson can advise the Board what they have gone through to find someone with interest in the House and how much it would cost to make it safe and usable.

Parks and Recreation Director Chuck Nelson advised over three years they have attempted to find someone interested in the House; in July, 1999 they brought it back to the Board for lack of handicap accessibility and not meeting current standards; they went out to bid and no bids for sale of the House was received; and they told the Historic Association if it was interested in the House, they would pay for relocation, but no interest was expressed. He stated they contacted the City Council, which voted not to take the building; and they have reached the end of the rope. He stated it does not meet the needs of Parks and Recreation; it would be more than $100,000 to restore it to its original condition; and there is no recreational need for the building.

Commissioner Higgs inquired how big is the building; with Mr. Nelson responding about 1,400 square feet with the porch.

Chairman Carlson recommended one more attempt to see if the community can get something positive, and if not, at least the Board tried to accommodate them. Commissioner Higgs inquired if there is a contract for demolition; with Mr. Nelson responding they are two days from doing it so there will be an additional cost to stop it. Commissioner Higgs stated she is willing to give them time to preserve the building; she cannot support $100,000 for a building that would not be functional for the County's needs; but she is willing to give them 60 days to see if something is possible and to let the Board know if they made progress. Chairman Carlson inquired if the group that spoke are aware of what the County is doing with the Williams House and the group that got together and how they are organizing, and would it be helpful for them to understand the process. Mr. Nelson advised he will get their names and explain to them where that process is going as well.

The Board reached consensus to allow Sheryl Alberga, Ann Downing, Betsy Baird, and Jeanne Allen 60 days to find a way to preserve the Williams House.

REPORT, RE: CONGRATULATIONS TO COMMISSIONERS

Chairman Carlson congratulated Commissioner Jackie Colon on her election, welcomed Ms. Colon to the Board; and stated she looks forward to working with her.

Chairman Carlson congratulated Commissioners Truman Scarborough and Nancy Higgs on their re-elections; stated they provided the community with steady leadership over the years; and she looks forward to carrying the torch and serving the public with them once again.

REPORT, RE: BOARD MISSION AND VISION

Chairman Carlson advised this Board is a Board that sets policy; and she would like for Commissioners to focus on the big picture and that everything that comes across the table has something to do with that big picture. She stated staff has worked very hard at producing a strategic plan and is now attempting to do an implementation plan to go forward with some of the strategies discussed on several occasions; and staff produced a very nice pictorial of what the County stands for, its mission and vision. She stated she would like to see staff enlarge that pictorial mission and vision statement, and put it in the Commission Chambers, perhaps where people go in and out, so that when the Board is dealing with issues, it will be able to refer to that mission and vision for the future. She stated she would like to see a poster-size nicely framed picture of that visual statement placed somewhere appropriate so people who come into the Commission Chambers realize the Board is on a mission, it has a vision, and it is working towards that when it deals with issues that are controversial or have consensus.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 11:23 a.m.

ATTEST:

SUE CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)