April 24, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 24, 2001, at 9:00 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.

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

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Minutes of the March 13 and 15, 2001 Special Meetings. Motion carried and ordered unanimously.

REPORT, RE: FLAGS AT HALF MAST

County Manager Tom Jenkins stated Governor Bush has ordered that the flags be flown at half mast in honor of the passing of Doug Jamerson, who was former Florida Education Commissioner, Secretary of Labor, and State Representative.

ITEMS MODIFIED OR REMOVED FROM AGENDA

County Manager Tom Jenkins stated Item III.B.6, Agreement with YMCA of Brevard County, Inc., Re: Use of Titusville High and Madison Middle School Pools, should be modified to read Central Florida YMCA d/b/a Brevard County YMCA. He requested Item III.A.11, Authorize Legal Action Against Maintenance Bond, Re: Coral Springs Subdivision, be withdrawn as the action is no longer required because a cash maintenance bond has been delivered.

DISCUSSION, RE: RAVE CLUBS

Commissioner O'Brien distributed materials to the Commissioners; and stated Deputy Mark Riley is present this morning to address the Board. He stated the County is facing a serious threat to the community; the County has spent millions of dollars and thousands of hours through the DARE Program and other programs, but it is allowing rave clubs to undo all the

hard work and education. He stated the impacts of late night clubs will be significant; they are a community danger; and commented on allowing unskilled drivers under the influence of ecstasy and alcohol to drive on dangerous roads like SR 3 and SR 520. He advised the Sheriff's Office has tried to reduce the nuisance and danger on the roads; but the County can expect to start counting the bodies of teenagers and young adults; and it is a serious matter. He requested the Board join him in this effort to create an anti-rave ordinance. He requested Deputy Riley explain the seriousness of the problem.

Deputy Mark Riley stated the rave club is a new phenomenon to the County although it has been prevalent in surrounding counties; and one has opened on Merritt Island. He stated the club originally represented itself as a teen dance club when it got an occupational license, but it is a full-blown rave club. He stated from the Sheriff's perspective, the primary concern is safety; he does not want to start burying kids dying from drug overdoses as Orange County has been doing; and advised of conversations with Lt. Mike Osborne with the Orange County Sheriff's Office. He stated Orange County's problems with rave clubs have almost stopped since the County introduced a Nuisance Abatement Ordinance; but the Lava Club on Merritt Island is drawing customers from Orange, Volusia, and Indian River Counties and even farther. He advised parents this is not a place they will want their kids to go to; drugs have been purchased inside and outside the club; the violations are flagrant; and over three of the last four weekends, they have made in excess of 30 arrests with virtually no impact. He stated they need a strong vehicle to control this type of activity; Commander McCormick has done extensive research, and has met with Commissioners individually; and requested he address the Board.

Commander David McCormick stated he has communicated with all Commissioners on this issue except Commissioner Colon, and had tremendous response from County staff. He stated they have drafted a nuisance abatement ordinance; he has spoken to Mr. Wolfinger who will be able to help the first year using current resources; and expressed appreciation to Assistant County Manager Peggy Busacca for her assistance. He stated this is the way Orange County fought the Cyberzone; and he has the nuisance abatement work-up that was done on the Cyberzone, which he will leave with the Board. He stated the problem is there is no way to deal with rave clubs; the hours of operation now are from 1:00 a.m. to 6:00 a.m. even though it is supposed to be a teen club; and inquired if this is where parents want their teens to be at that hour. He stated what is going on is drug use; the environment is conducive to drug and alcohol use; they have been arresting 16-year olds under the influence of drugs and alcohol in the parking lot; and they need some teeth to work on this. He stated they cannot use the current alcohol laws to take care of inside the facility because it does not have an alcohol license; and they would need a search warrant or probable cause to arrest someone inside. He stated it is not a good atmosphere for young people; a moratorium on more rave clubs in the County would be a good thing; Lt. Osborne warned six months ago that the pressure Orange County was putting on rave clubs would drive them to Brevard County; and the County is seeing that now. He stated the owners, employees, and many customers of the Lava Club are from Orange County; Brevard County has become a soft target for rave clubs; and the County is going to lose some young people.

Commissioner Higgs stated there is a State law about young people driving after certain hours; and inquired how does that affect the ability to enforce. Commander McCormick stated they would need to know the age of the person before stopping them; they cannot stop them based on a belief that they are 17 or 18; and legally a person has to be 18 years old to enter the club although younger people are finding ways to get in or are hanging around in the parking lot. Commissioner Higgs inquired if the law which says a young person cannot drive after a certain hour is not working; with Commander McCormick responding it works, but not in this field. Commander McCormick advised they are dealing mostly with 18 to 27-year olds.

Chairman Carlson inquired what would a nuisance ordinance provide; with Commander McCormick responding Florida Statute 893.238 gives the County Commission the power to create a nuisance abatement board, which can look at places that sell drugs, have prostitution, deal with stolen property or have gang activity, and declare a public nuisance after two such uses in a six-month period. Commander McCormick stated the nuisance abatement board would also have the ability to cause the property owner to create an environment that does not allow these things to occur; the Orange County Nuisance Abatement Board created such a stringent set of rules for the Cyberzone that it could not maintain them; and failure to maintain the rules subjects the business to fines, forfeiture, and eventually injunctions. Chairman Carlson inquired if this sort of thing has been upheld in court; with Commander McCormick responding yes, and Brevard County is one of the few major counties that does not have such an ordinance.

Commissioner Colon stated the Board only has jurisdiction in the unincorporated area of the County; it is important to also go to the League of Cities so everyone will be protected; and she would support a moratorium, if that is what the Board decides to do. She stated six years ago she wanted to talk about gangs coming to the County, but it was not politically correct; and now there are task forces dealing with the problem. She stated it is important for the Board to act immediately so it is understood the Board will not tolerate the rave clubs in the community. She inquired why parents would allow children out at that time; and stated the responsibility falls on the parents.

Commissioner O'Brien inquired if a County ordinance would cover all the municipalities as well; with County Attorney Scott Knox responding the Board's policy is that if it considers enacting an ordinance with Countywide effect, it sends it to the municipalities for review and comment. Commissioner O'Brien inquired if the County Attorney can create an emergency moratorium on any further rave club openings until an ordinance is developed; with Mr. Knox responding it would be easier to get an ordinance in place than it would be to do the moratorium and then do the ordinance. Mr. Knox advised there are models from Orange County that are available; and he could probably have it back to the Board for advertisement in two weeks, and then have the Board consider the ordinance at the following meeting. Commissioner O'Brien stated he supports adopting an ordinance as soon as possible.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to direct the County Attorney to create a nuisance abatement ordinance using the Orange County Ordinance as a model, advertise the ordinance, and bring it back to the Board in two weeks.

Commissioner Higgs stated staff has been working on the item; and inquired what is the status of the ordinance. Ms. Busacca advised Commander McCormick has said that the ordinance is completed and ready to go; and the item has come to the Board one other time, at which time staff was directed to work with the Sheriff to develop the ordinance. Commissioner Higgs stated it is already written; it just needs to be advertised; and no motion is necessary. Mr. Knox advised a motion will be necessary to direct staff to advertise.

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

Chairman Carlson inquired about Board meetings; with Mr. Jenkins advising there is one on May 8, 2001, a workshop on May 15, 2001, and another meeting on May 22, 2001.

Commander McCormick submitted the proposed ordinance to the County Attorney.

Commissioner Scarborough stated Brevard County is part of a larger community; if a rave club closes in Brevard County, it may open somewhere else; the same applies to issues like adult entertainment and sign ordinances; and the Board needs to be in constant contact with fellow Commissioners, City Councilmen, and the Sheriff. He thanked Commissioner O'Brien for bringing this issue forward. Commissioner O'Brien noted there were close to 35 arrests on Merritt Island; parents think this is just a teen club; and they have no idea what their young people are being subjected to.

Commissioner Colon stated parents think it is cute to send their children to elementary school dances, but there is nothing cute about it; and it is important for parents to see what is going on even at elementary school dances.

DISCUSSION, RE: RESPONSE TO FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION ON ECONOMIC IMPACT OF SPEED ZONES

Commissioner O'Brien stated he received a copy of a letter sent to Chairman Carlson; her office received it on April 16 and he received it on April 18, 2001; and the letter advises that any information received by April 30, 2001 will be included in the economic impact study, which gives the County less than 14 days to respond to something that may be very complicated. He stated government usually moves slowly; but the Florida Fish and Wildlife Conservation Commission is preparing to institute speed zones, and is only giving 14 days or less for the County to create an economic impact study. He commented on possible impacts to government including need for more employees to review permits, less gas tax revenue, less sales tax revenue, and decreased property values. He stated asking the County to respond in 14 days is ludicrous, especially when a new law is being implemented; the Sheriff's Department may have to buy more boats and hire more deputies; municipalities may have to buy boats and hire additional personnel; and the fallout could be very large. He stated Brad Hartman advised yesterday that the printer had broken, and they had to wait for the material to come from the printer; but it is not fair to Brevard County to have such little time to prepare a study. He stated Tom McGill and Ron Pritchard are present; and requested they be allowed to comment.

Tom McGill stated the County is not the only one being asked to make an assessment; as a charter captain, he received a multi-page form to fill out; he received it on April 17 with a due date of April 20, 2001; and when he called Mr. Hartman to advise it was not reasonable, he was told a similar story to the one Commissioner O'Brien heard. He stated to do a good job, it is necessary to take some time; the new rules add approximately 120 miles of coastal zone to be enforced; and clearly the Sheriff's Office will be substantially impacted. He stated if signage is put up, it will be necessary to have people to enforce them; there is no slow speed zone currently in the Turnbull Basin, but approximately one-third of the Basin will be made a slow speed zone; and commented on the difficulties for the commercial flats fishermen. He commented on problems with voluntary compliance, need for increased enforcement, increased cost of law enforcement, increased manpower for permitting, Parks and Recreation, and cost of signage. He stated there will be approximately two and one-half times the number of signs in the waterways; and many view the pilings as being hazardous to navigation as none of them are lit at night. He advised of possible devaluation of property and property values at the south end of Sykes Creek. He stated various people should be asked about impacts including Sunset Café, Sandpoint Inn Restaurant, Chowders, Paul's Smokehouse, Pineda Inn Restaurant, Tingleys, the Restaurant at Harbortown, all the restaurants at the Port, the Eau Gallie Yacht Club, the Chart House, West Marine, Captain Jack's, and the 40 marinas in the County. He stated the County will not have a good analysis of what the County will experience from a loss of tax base or from a reduction of sales tax unless it asks the right people.

Ron Pritchard stated the most interesting thing about the State's method of trying to determine the economic impact is that it is doing a bad job; and commented on previous studies done using university models, which did not reflect the community. He stated the State does not do economic impact studies now, but does Statements of Estimated Regulatory Cost, which is how much it will cost to install signage or provide enforcement. He stated Mr. McGill received a professional guiding, commercial fishing and charter business survey; another survey was sent to a random selection of boaters in the County; and described the survey. He stated the survey does not get into what the effect will be; and the people and businesses do not have a grasp on what the effect is going to be. He commented on the luxury tax, effect on the lower economic strata, and repeal of the luxury tax law. He stated he has asked several agencies and organizations if they can help develop what the economic impact would be; and the Space Coast Board of Realtors and Marine Industry Association, among others, are in the process of trying to determine the effect. He stated he has asked how many people it takes to sell a property, why the property values are not increasing as they have in times past, and what will happen if water skiing is not allowed. He stated there are a lot of ancillary issues attached to an afternoon of water skiing; and they are trying to develop some answers. He stated the State is asking for too much too soon; an effective economic impact study will take some time; and he has brought this up several times in the past. He stated the Marine Industries Association brochure advises boating is a $14.1 billion business.

Commissioner O'Brien stated his biggest concern is that the Board has been given a very short period of time to give the Fish and Wildlife Commission a study concerning economic impact to government if the regulations are instituted in the County; the Fish and Wildlife Commission had since January or February to ask the questions; and while Mr. Hartman indicated he could extend it for a week, that is not going to help much. He stated economic studies often take months to be prepared; everybody in the County may be affected by the new regulations; and the Fish and Wildlife Commission should be held to the letter of the law, which says they must do an accurate economic impact study.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to direct the County Manager to prepare a letter for signature by the Chairman requesting an extension of 60 days so a proper study can be formalized and submitted for consideration, and indicating the Board is unhappy with being allowed such a short time to prepare a response.

Chairman Carlson inquired what is expected from the economic study as far as the surveys are concerned. Assistant County Manager Stephen Peffer advised the State is asking the County government to identify those costs that it foresees coming directly to the governmental agency as a result of the increase in the manatee protection zones; and some of the items that were mentioned by Mr. McGill and Mr. Pritchard are beyond what was being requested. He stated the letter specifically referenced that property values would be an inquiry that would be directed to realtors; there were a number of other categories; and the letter asked what the changes would mean to the County. He stated one example is if there was a need for increased law enforcement; but that is not implicit in what the State is proposing as that responsibility belongs to the Florida Marine Patrol. He noted it is a tricky question to answer; Mr. McGill and Mr. Pritchard are looking for an all encompassing economic impact statement, involving a lot of different things; but that is not what was requested of the County. Chairman Carlson inquired if the information has been collected already, and has the County been given enough time to do that; with Mr. Peffer responding the time is not sufficient; but there are not many economic impacts that would fall on the County directly, although there are a number of indirect impacts. Mr. Peffer stated one impact would be signage; and that would clearly fall to the County; but a broad range economic impact study is beyond the expertise of his office.

Commissioner Scarborough stated Mr. Peffer is not prepared to discuss this; and there needs to be adequate time if there is going to be an adequate response. He stated he would appreciate getting a full detailed report; and he would be more comfortable discussing this issue at the end of the meeting.

Commissioner O'Brien stated there is not much time; one question in the letter is whether the County would expect adoption of the amendments to have an economic impact on government; and it will affect permitting, Office of Natural Resources, the Sheriff's Department, and Tax Collector. Commissioner Scarborough inquired if Commissioner O'Brien has a problem with doing this at the end of the meeting. Commissioner O'Brien stated the courts will have more tickets; the Clerk of Courts could be affected; Parks and Recreation will be affected; and within government, there could be numerous effects. He stated if the County is going to do any kind of study, it needs time to do it; the Fish and Wildlife Conservation Commission has not done a good job of informing people of the needs; if the County manatee count reaches 3,500, the Fish and Wildlife Commission may consider delisting; and this appears to be a rush to do something before that occurs.

Commissioner Higgs inquired if this is an attempt to rush some response by the County without thoughtful consideration of the Board. She stated the item was received in the Commission offices last week; it could have been put on the agenda as an add-on item so people could speak to it; and it is unfair to ask the Board or the community to respond when it was not part of the agenda, so she will vote against the motion. She stated an item of this magnitude should be put on the agenda; staff can respond as it sees fit; and while it is a short timeframe for the County to respond, it is also unfair to bring it to the Board under a report. Commissioner O'Brien noted he only received the letter in his office late on Thursday, and did not read it until yesterday.

Commissioner Colon recommended deferring the item to the end of the meeting so staff can get some feedback. Commissioner Scarborough stated Mr. Peffer was not prepared to discuss this; the greater community has not been informed; the better the County can state its case, the more impact the letter will have; and nothing will be lost by waiting several hours. Commissioner Colon stated there is a deadline; the Board is requesting more time, but the faster it can be done the better; the Board needs to know what it is sending out; and deferring the item to the end of the meeting will allow the Board to be able to send the letter out.

Chairman Carlson inquired if the motion is going to be kept on the table; with Commissioner Colon responding if Commissioner O'Brien agrees to leave this until the end of the meeting so staff can go back and research. Commissioner O'Brien agreed to defer the item. Commissioner Scarborough recommended the Board not vote on the motion. Chairman Carlson stated the Board will leave the motion on the table until the end of the meeting; there may be some people who would like to come forward to comment on the issue; and this will give them some time.

ITEM REMOVED FROM AGENDA FOR DISCUSSION

Commissioner Higgs requested Item III.A.13, Settlement of Contract with Osceola County, Re: Maintenance of Fellsmere Grade and Six Mile Road, be pulled for discussion.

REPORT, RE: APPLICATION FOR GRANT BY TOGETHER IN PARTNERSHIP

Commissioner Colon stated after school is the most frequent time of day for juvenile crime; juvenile crime, including violent offenses, peaks about 3:00 p.m.; and that is frightening. She stated she is the Board's representative on Together in Partnership; it is in the process of trying to get a grant; and the services must be directed to individuals who are 21 years of age or younger, who are identified as experiencing substance abuse problems or who are determined to be at risk for problems because of behavior related to substance abuse. She stated services may also be provided to the youth's parents, legal guardians, or significant adult; they are trying to get $500,000; the concern of the community is large; and Together in Partnership includes the Division of Juvenile Justice, the Sheriff's Department, the State Attorney's Office, the Children's Services Council, Circles of Care, the School Board, the Division of Children and Families, and many more. She stated they are targeting a continuum of treatment services, including early intervention and detention, referral, assessment, counseling, case management, and after care services for youth experiencing drug and alcohol problems and their families; the target date is the end of May; and hopefully they will be able to accomplish this.

REPORT, RE: TESTING OF SITES WITH WOODEN PLAY STRUCTURES

Commissioner Colon stated the issue of chromate copper arsenic in terms of wooden play structures is of concern to a lot of young families who have children; the County has contracted to have the 19 parks in the County with wooden play structures tested for levels of chromate copper arsenic; and the testing, which is to be conducted by an independent firm, is expected to be done April 24 through 25, 2001, with results anticipated within two or three weeks.

REPORT, RE: MEETING WITH H.E.A.R.T.

Commissioner Colon stated she went to a meeting with H.E.A.R.T., which is an organization concerned with substance abuse; and advised Brevard County's children have the highest consumption in the State, even higher than Miami and Orlando. She commented on Commissioner O'Brien's efforts concerning the rave clubs; stated the Board has to deal with all kinds of issues; and there needs to be a partnership with the School Board. She stated there has been discussion about opening schools after hours; and the statistics show that children are getting into trouble after 3:00 p.m. because unfortunately it now takes two parents to put food on the table and keep up with the bills.

REPORT, RE: BREVARD JOB LINK AND JOB CORPS

Commissioner Colon stated the Brevard Job Link now has a person in charge of the Job Corps; only four counties have Job Corps; and a lot of young people from Brevard County have been sent to Tennessee, Georgia and Mississippi in order to become part of the Job Corps. She noted not all young people are college material or want to go to college; this is another alternative; and the Job Corps provides a free residential education and training program that each year helps over 70,000 students between the ages of 16 and 24. She stated it is free for families who qualify; and recommended those who are interested call Emma Johnson at 690-5314.

RESOLUTION, RE: PROCLAIMING BREVARD COUNTY VOLUNTEER APPRECIATION
WEEK

Commissioner Colon read aloud a resolution proclaiming the week of April 22 through 28, 2001 as Brevard County Volunteer Appreciation Week.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the week of April 22 through 28, 2001 as Brevard County Volunteer Appreciation Week; and expressing appreciation to all volunteers. Motion carried and ordered unanimously.

Human Resources Director Frank Abbate stated the County is joining in the celebration throughout the nation honoring volunteers; and three celebrations are occurring, highlighting the value and importance of volunteers. He stated 2001 is known as the "Year that Changes the World"; it is a year-long celebration focusing on building greater awareness about volunteer services; and the County is an excellent example of where this is occurring. He stated on a national level the week has been proclaimed National Volunteer Week; and he appreciates the opportunity to celebrate Brevard County Volunteer Appreciation Day and Week, which recognizes and expresses gratitude to all the individuals who have participated as volunteers. He stated throughout the year volunteers unselfishly give of themselves by volunteering for such worthy causes as tutoring children and adults to read, building boardwalks at endangered lands sites, responding to emergencies and wildfires, organizing books in the libraries, assisting the elderly, educating citizens about plants, mentoring and coaching our youth, recovering fishing lines from the waterways, assisting in County offices, and serving on advisory boards throughout the County; and the many volunteers who are present today are just a cross-section of the more than 22 volunteer programs in the County. He introduced Paulette Davidson, BRAVE Volunteer Coordinator. Ms. Davidson presented the Board with a poster on volunteering; and expressed appreciation for the volunteers and volunteer coordinators. Mr. Abbate requested the volunteers join him upstairs where certificates of appreciation will be presented.

Commissioner Colon presented the Resolution to Mr. Abbate and Ms. Davidson.

Chairman Carlson expressed appreciation to the volunteers, Ms. Davidson, and the other volunteer coordinators.

The meeting recessed at 10:01 a.m. and reconvened at 10:09 a.m.

RESOLUTION, RE: PROCLAIMING HURRICANE AWARENESS MONTH

Commissioner Higgs read aloud a resolution proclaiming the month of May, 2001 as Hurricane Awareness Month, urging the cooperation of the National Weather Service, all municipalities, and the media to provide information on appropriate preparedness and safety measures that should be taken for hurricane conditions, and encouraging residents to visit the Merritt Island Kiwanis Hurricane Exposition at Merritt Square on May 19, 2001.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution proclaiming the month of May, 2001 as Hurricane Awareness Month. Motion carried and ordered unanimously.

Emergency Management Services Director Bob Lay commented on the role of volunteers; and stated the County is in a drought and still needs to be thinking about wildfires, but hurricane season will start on June 1, and will last until the end of November. He stated this is the perfect time for everyone to start making preparations; the Director of the National Hurricane Season will be at the Kiwanis Expo on May 19, 2001; and this is a good time to learn all you can about hurricanes, their impacts, and how to live, work, and play in this area without worrying about hurricanes.

Chairman Carlson stated the County published a document on all weather conditions; and inquired where is that available. Mr. Lay stated it is available on the web page or individuals can call the EMS Office to obtain a copy. Chairman Carlson stated they are available in her office as well.

Commissioner Higgs presented the Resolution to Mr. Lay.

FINAL PLAT APPROVAL, RE: VERONICA ESTATES, PHASE I

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Veronica Estates, Phase I, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA, TRACT P

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

FINAL PLAT APPROVAL, RE: SAWGRASS AT SUNTREE, PHASE IV

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Sawgrass at Suntree, Phase IV, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: BAYHILL SUBDIVISION, PHASE III

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Bayhill Subdivision, Phase III, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

PRELIMINARY PLAT APPROVAL, RE: SORENTO TOWNHOMES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant preliminary plat approval for Sorento Townhomes, subject to compliance with recommendations of review agencies and all applicable Policies, Ordinances, laws, and regulations, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, E: RELEASING CONTRACT FOR SUNSET LAKES WEST

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution releasing the Contract dated July 25, 2000 with Deerfield Groves Partnership for improvements in Sunset Lakes West, as all improvements have been completed. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR STILL POINT, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt a Resolution releasing the Contract dated November 28, 2000 with Florida Site Developers for improvements in Still Point, Phase II, as all improvements have been completed. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH BRYANT D. KUSHMICK AND TIFFANY VAUGH, RE:
PONDEROSA ROAD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with Bryant D. Kushmick and Tiffany Vaugh for a building permit off an existing right-of-way, which has been constructed pursuant to the standards of Section 62-102, Brevard County Code of Ordinances. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DAVID GRAVAS, RE: PARSLEY AVENUE
EXTENSION C

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with David Gravas for construction of a road in the existing County
right-of-way of Parsley Avenue Extension C, in compliance with the standards of Section 65-102, Brevard County Code of Ordinances. Motion carried and ordered unanimously.

APPROVAL OF APPLICATIONS TO FLORIDA DEPARTMENT OF TRANSPORTATION, RE:
COUNTY INCENTIVE GRANT PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize applications to Florida Department of Transportation for matching funds under the County Incentive Grant Program for the design phases of Ellis Road and Minton Road Widening Projects. Motion carried and ordered unanimously.

RESOLUTION AND COUNTY DEED, RE: CONVEYING FEE SIMPLE INTEREST IN
COUNTY PROPERTY TO ST. GABRIEL'S EPISCOPAL CHURCH

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute County Deed, conveying fee simple interest in County property to St. Gabriel's Episcopal Church in Titusville for a playground and picnic area for its parishioners. Motion carried and ordered unanimously.

COVENANT OF NON-DEVELOPMENT AND DEED RESTRICTION, RE: TREASURE LANE
ROAD PAVING MSBU

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Covenant of Non-development and Deed Restriction on Edward and Sharon Hulzing's property, which has legal access to Grant Road and is not specifically benefited by the improvements in Treasure Lane Road Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously.

AUTHORIZATION TO PERFORM CAPITAL IMPROVEMENTS, RE: SPACE COAST
STADIUM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize staff to bid construction of capital improvements at Space Coast Stadium, and award contracts to the lowest qualified bidders. Motion carried and ordered unanimously.

AGREEMENT WITH TITUSVILLE POLICE ATHLETIC LEAGUE, INC., RE: KIDS 'N KOPS
SUMMER PROGRAM AT COUNTRY ACRES CHILDREN'S HOME FACILITIES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute an Agreement with Titusville Police Athletic League, Inc. to provide Kids 'N Kops Summer program at Country Acres Children's Home. Motion carried and ordered unanimously.

TERMINATE AGREEMENT WITH PROFESSIONAL TRANSPORT SYSTEMS, EXECUTE
TEMPORARY AGREEMENT WITH WILSON MORTUARY SERVICE, GRANT
PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION
COMMITTEE, AWARD PROPOSAL, AND EXECUTE CONTRACT, RE: SIGNAL 7'S

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to terminate Agreement with Professional Transport Systems; execute Temporary Agreement with Wilson Mortuary Service for a three-month period or until a new vendor can be selected for transportation of Signal 7's for the Medical Examiner; authorize advertisement of Request for Proposals for vendors for the service; appoint Selection Committee comprised of Assistant County Manager Don Lusk or his designee, Housing and Human Services Director Bernice Jackson or her designee, Assistant Housing and Human Services Director Gay Williams, Public Safety Director Jack Parker or his designee, and Chief Medical Examiner Investigator Charlie Levi; and authorize award of proposal and execution of contract by the Chairman contingent upon the approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

WAIVE BID REQUIREMENTS AND AUTHORIZE PURCHASE OFF STATE CONTRACT, RE:
CARPET FOR CENTRAL BREVARD LIBRARY AND REFERENCE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive bid requirements and grant permission to purchase carpet for the Central Brevard Library and Reference Center off the State Contract from Shaw Contract Flooring at $54,733.85. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF JUVENILE JUSTICE, RE: COMMUNITY WORK
PROGRAM FOR CHILDREN

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Agreement with the Department of Juvenile Justice to participate in a community work program for children; and authorize the County Manager to execute the Agreement. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF EDUCATION, RE: SUMMER FOOD
SERVICE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Florida Department of Education to provide the Summer Food Service Program to children at Cuyler Park, Campbell Park, Boys and Girls Club at Gibson Complex, Woody Simpson Park, Joe Lee Smith Park, and Cocoa West Park. Motion carried and ordered unanimously.

AGREEMENT WITH YMCA OF BREVARD COUNTY, INC., RE: USE OF TITUSVILLE HIGH
AND MADISON MIDDLE SCHOOLS POOLS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Central Florida YMCA d/b/a Brevard County YMCA for use of swimming pools at Titusville High and Madison Middle Schools; and authorize the Parks and Recreation Department to include all future contract clauses approved by the Board in the Agreement. Motion carried and ordered unanimously.

AGREEMENTS WITH MUNICIPALITIES, RE: SOUTH BREVARD PARKS AND
RECREATION REFERENDUM PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Chairman to execute Agreements with the Cities of Indian Harbour Beach, Melbourne, Palm Bay, Satellite Beach, and West Melbourne, and the Towns of Indialantic, Melbourne Beach, Melbourne Village, and Palm Shores providing $75,000 from South Brevard Recreation Special District for recreational facilities and/or improvements similar in nature to other approved Referendum projects. Motion carried and ordered unanimously.

RESOLUTION, GRANT AGREEMENTS, AND BUDGET CHANGE REQUESTS, RE: FIND
GRANT FOR COASTAL RESOURCES AND ECOSYSTEMS OF BREVARD COUNTY
DIGITAL MEDIA EXHIBITS PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution requesting assistance under the Florida Inland Navigation District (FIND) Waterways
Assistance Program for the Coastal Resources and Ecosystems of Brevard County Digital Media Exhibits Project; authorize the Parks and Recreation Director to execute the Grant Agreement and other grant documents, if any; and approve Budget Change Request to establish a project account if the grant is approved. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE:
FIREBREAK/VEGETATION TREATMENT PROJECT FOR EEL MANAGED
SANCTUARIES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to solicit bids for a firebreak/vegetation treatment project, initiated by the Environmentally Endangered Lands (EEL) Program, that comprises 315 acres throughout six sanctuaries; authorize award of bid to the lowest qualified bidder; and authorize the Chairman to execute Contract with the successful bidder contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

APPOINTMENTS, RE: BREVARD COUNTY PUBLIC GOLF ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Steve Fleming as an at-large member replacing Warren Olin, and reappoint Marty Brown to the Brevard County Public Golf Advisory Board, with terms of appointment to expire on April 1, 2003. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION, RE: ASSISTANCE TO FIREFIGHTER'S GRANT
PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Chairman to execute grant application and all applicable documents relating to the Assistance to Firefighter's Grant Program for $628,250 of federal funds with local match of $269,250, to purchase 800 MHz replacement radios for firefighters, pumper tanker, hazardous materials decontamination trailer, and firefighting package for Mosquito Control helicopter, and to accept the grant if awarded. Motion carried and ordered unanimously.

PERMISSION TO ISSUE CHANGE ORDER TO ARCADIS GERAGHTY & MILLER, INC., RE:
ENGINEERING SERVICES FOR CONTAMINATED SOIL REMOVAL AND SITE
RESTORATION AT MELBOURNE AND MERRITT ISLAND AIRPORTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize issuance of a Change Order to ARCADIS Geraghty & Miller, Inc. in excess of $35,000 to provide engineering services for contaminated soil removal and site restoration at Melbourne and Merritt Island Airports. Motion carried and ordered unanimously.

AGREEMENT WITH GEOMAR ENVIRONMENTAL CONSULTANTS, RE: MARINE TURTLE
NESTING SURVEYS IN NORTH REACH OF SHORE PROTECTION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Geomar Environmental Consultants to conduct marine turtle nesting surveys in
the North Reach of the Shore Protection Project. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING EXTENSION OF EROSION CONTROL LINE ALONG
THE SOUTH REACH OF THE SHORE PROTECTION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution requesting the Trustees of the Internal Improvement Trust Fund to extend the existing erosion control line to include the entire 3.4 miles of shoreline along the South Reach of the Shore Protection Project. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING STATE COST-SHARE FUNDING FOR SHORE
PROTECTION PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt a Resolution requesting State cost sharing for Shore Protection Projects, as detailed in the County's Long-range Budget Plan submitted to the Beach Erosion Control Program administered by the Florida Department of Environmental Protection Office of Beaches and Coastal Systems. Motion carried and ordered unanimously.

AGREEMENT WITH BASIL S. ITANI, RE: TEMPORARY WATER SERVICE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the agreement format for temporary water service, and execute Agreement with Basil S. Itani for temporary water service at 1860 Ford Road in Mims. Motion carried and ordered unanimously.

TASK ORDER #12 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: NORTH
BREVARD WELL FIELD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Task Order #12 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering services for design, permitting, and construction-related services for the raw water transmission line and first three public water supply wells of the North Brevard Well Field. Motion carried and ordered unanimously.

TASK ORDER #13 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: RECLAIMED
WATER FACILITIES AT J. D. WRIGHT WASTEWATER TREATMENT FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Task Order #13 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering services for design, permitting, and construction-related services required for the addition of reclaimed water facilities at J. D. Wright Wastewater Treatment Plant. Motion carried and ordered unanimously.

TASK ORDER #3 WITH RJN GROUP, INC., RE: SOUTH BEACHES SANITARY SEWER
EVALUATION SURVEY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Task Order #3 with RJN Group, Inc. to continue the South Beaches Sanitary Sewer Evaluation Survey focusing on visual smoke testing and television inspection at a cost of $307,570. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-2-01-37, RE: CLEARING OF VEGETATION AT VALKARIA
AIRPORT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to award Quote #Q-2-01-37, Clearing of Vegetation at Valkaria Airport, to Aquagenix at $45,885. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: TRANSFER OF NON-EXCLUSIVE
TV FRANCHISE FROM CHARTER COMMUNICATIONS TO AT&T

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider a transfer of a non-exclusive television franchise from Charter Communications to AT&T. Motion carried and ordered unanimously.

APPROVAL OF CHANGES, RE: 2001 BOARD MEETING SCHEDULE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to amend the 2001 Board meeting schedule to change the October 30, 2001 meeting from workshop to regular meeting and cancel the November 6, 2001 meeting. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Hector Lopez to the Redistricting Committee, replacing Ed Washburn, with term of appointment to expire on December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Bills as submitted. Motion carried and ordered unanimously.

REQUEST FOR ADDITIONAL FUNDING FOR CLERK'S OFFICE, RE: IMPLEMENTATION
OF COURT SOFTWARE

Chairman Carlson stated previously she requested answers to some questions; those have been answered; and she is confident the Clerk will be doing everything in his power to correct the problems that existed when he got into office. She stated she was not aware there was an Information Systems Department in the Clerk's Office; and suggested the Clerk look to an outside consultant. She stated the Clerk has submitted a budget request for 2001-2002; but she does not know if contingency dollars were requested for any of the hardware, software, or consultant possibilities that might arise.

Clerk of the Circuit and County Courts Scott Ellis stated he and his staff were working on the budget yesterday; they are looking at hardware issues; there were approximately $230,000 in unforeseen licensing costs this year; and they will try to work through that this summer. He stated it was a five-year license, which had been arranged by the Florida Association of Clerk of Courts; it expired this year; and it has to be renewed.

Chairman Carlson inquired if the Clerk's budget request includes any contingency dollars so Mr. Ellis does not have to continue to come back to the Board. Mr. Ellis stated the licenses will be on a repeating basis and will be in the next budget request; he is asking for a supplemental appropriation for computer hardware; and on the software side, there is money budgeted for Tiburon to get things fixed. He stated they are still trying to run the fee books to distribute all the fines and fees that have come into the County since November, 1999; it has to be done through software; to do it manually would cost a million dollars in overtime; so his office is heavily dependent on Tiburon to get that to work. He advised they are on their third run to attempt to do the fee books.

Chairman Carlson stated the answers to her questions clarified a lot of the issues; a lot of the problems came up during the fix of Y2K problems that might have occurred; but evidently there were problems prior to Y2K that snowballed; and then the company went out of business. She stated she understands the state of affairs much better than she did before; and inquired if the Clerk could provide the Board with a quarterly status summary on what is going on and how the plan is progressing; with Mr. Ellis responding that is no problem. Chairman Carlson stated the Board does not want any big surprises in the budget; and recommended the Clerk include additional dollars for hardware licensing so the Board can seriously consider them and have an opportunity to fix the problems. Mr. Ellis stated it is in the budget.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve additional funding of $243,973 for the Clerk's Office for over expenditure of the budget due to staff overtime and additional expenses incurred in implementing the new court software; and request a quarterly report on the status of the system. Motion carried and ordered unanimously.

Mr. Ellis stated he will prepare a quarterly report on the progress of the software.

REQUEST FROM CLERK OF THE COURTS, RE: CONTRACT LANGUAGE TO PERMIT
INTERNAL AUDITS OF INDEPENDENT PRIVATE AGENCIES

Commissioner Higgs stated the County Attorney sent some language to the Commissioners. County Attorney Scott Knox stated he reviewed the proposed language that was suggested by the Clerk; the way he read the language it could be interpreted to be overly broad in the sense it might open the books of any contracting company for public scrutiny notwithstanding that portions of the books do not relate to specific contracts with the County; and he added language to make the language proposed by the Clerk specific to contracts with the County. He provided a copy of the language to Clerk of Courts Scott Ellis; and stated in the second paragraph he tried to make it clear that the prohibition on the copyrights only pertained to materials that were provided for the benefit and use of the County.

Commissioner Scarborough stated sometimes programs become intertwined; and if there are other monies coming in, the County has the capacity to see how its money is being spent in that program. Mr. Knox advised that is probably true. Commissioner Scarborough stated there may be multiple sources of money; and inquired if that is what Mr. Knox is concerned with; with Mr. Knox responding he does not want the provision of the contract to open up everything in the contractor's company to review by the County, the public, or anyone else under the Public Records Law, simply because they have a contract with the County. Commissioner Scarborough inquired if there is an entity that is getting money from another source, and the monies are coming together in a program, would it allow the County to monitor how its funds are spent within the program; with Mr. Knox responding affirmatively.

Chairman Carlson inquired if Mr. Ellis has reviewed the language; with Clerk of the Circuit and County Courts Scott Ellis responding he is going over it now. Mr. Ellis stated a lot of what he was talking about was service contracts; in the past Internal Audit did an audit of Harbor City Ambulance, which had a service contract with the County; some of the concerns are service contracts with the different Humane Societies, the EDC, and those types of organizations; and he felt it would be proper to have an audit clause in their contracts.

Commissioner Scarborough inquired if the County Attorney's language is okay. Mr. Ellis stated the County will find out if the Audit Committee selects one of the external agencies for internal audit; he is not an attorney; and he will find out if there is opposition.

Commissioner Higgs stated Mr. Ellis is asking to insert an audit clause in every contract regardless of type; with Mr. Ellis responding that is correct, to the extent the books and records relate to the performance of the agreement. Commissioner Higgs stated the phrase that is inserted needs to be relevant to the service or product provided; and that is what Mr. Knox is talking about. She stated the County does not want to audit everything a company does, and only wants to audit the contract the County has. Mr. Ellis stated in the Harbor City Ambulance audit, the entire agency was audited. Commissioner Higgs stated what the Board is talking about is prospective, not retrospective; the County should have contracts with people that provide a service that is a measurable entity; and if there is measurable performance criteria in the contract, then the County should be auditing those services it is contracting for.

Commissioner Colon inquired where does Mr. Ellis see the problem. Mr. Ellis stated if the County contracts with the Central Brevard Humane Society to run two animal shelters, and the contract is for "x" dollars, the County should be able to verify that amount of dollars went to run the two animal shelters; and if the County contracts with EDC for a certain amount of money to do promotion of the County, it should be able to determine that money went to promote the County. He stated those things are harder to grasp than a contract to buy three dump trucks.

Discussion ensued on analyzing services, accountability, and types of audits.

Commissioner Colon inquired if Mr. Ellis can recommend a list to the Board so it is not picking which entities to audit and which to not audit. Mr. Ellis advised the Internal Audit Committee will do a risk assessment of various contracts and agencies; from that list the Board will choose the candidates for audit; and it is not proper for him to pick places to audit. He stated his concern is if there is not an audit clause, there could be a legal wrangle; when an audit clause is inserted, the entity will understand it when signing the contract. He stated they may never be audited, but many times the fact that they could be audited helps straighten things out.

Commissioner Higgs stated each contract the County writes needs to have measurable outcomes that can be audited; those that cannot be audited are probably not very good contracts and should be rewritten; and there is already an audit clause in contracts. Mr. Ellis noted there was no audit clause in the EDC Contract. Commissioner Higgs inquired why the EDC Contract has no audit clause. County Manager Tom Jenkins advised in 1992 the Board issued a directive that the public portions of all service contracts were to be audited; the entities are not required to audit their funding from sources other than the County; and if the EDC Contract does not have that clause, it is an oversight. Commissioner Higgs stated the enhanced language the County Attorney provided will give a better mechanism in the contracts.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve insertion of suggested language in all County service contracts to permit internal audit of agencies performing work for the County, as amended by the County Attorney to make the language specific to contracts with the County as opposed to other contracts, and to make the prohibition on the copyright specific only to materials provided for the benefit and use of the County.

Chairman Carlson recommended looking at all existing service contracts to make sure the clause is included.

Commissioner O'Brien inquired what Mr. Ellis wants to accomplish, and does he really want to see if an agency like the EDC bought a desk or car. Mr. Ellis stated if the County appropriates a certain amount of dollars to a third party to perform a service, the County should be able to verify that those dollars went to perform that service, and not for other purposes. Commissioner O'Brien inquired if an entity bought a truck using County money and that truck was sent out to get a cup of coffee, is Mr. Ellis saying the entity should not own the truck; with Mr. Ellis responding not if the truck was part of doing that job. Mr. Ellis stated if Road and Bridge purchased three Cadillacs, it would raise some eyebrows; and an entity should be able to show the County that all the money it received was spent for the purpose of carrying out the contract. Commissioner O'Brien inquired if the proposed language will accomplish that; with Mr. Ellis responding affirmatively.

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

CERTIFICATE OF PARTICIPATION, GRANT APPLICATION, AND CERTIFICATE OF
ACCEPTANCE, RE: BREVARD COUNTY DRUG CONTROL AND SYSTEM
IMPROVEMENT PROGRAM FUNDS FOR FY 2001-02

County Manager Tom Jenkins stated Item VI.F.2, Certificate of Participation, Grant Application, and Certificate of Acceptance for Drug Control and System Improvement Program Funds for FY 2001-02 was supposed to be on the Consent Agenda, but for clerical reasons is on the regular Agenda; a number of people from the Sheriff's Department are present for that item; and the Board may wish to hear it now. He stated the money will be split among the County's Criminal Justice Services, State Attorney, and the Sheriff's Office.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner Colon, to authorize the Sheriff to apply for grants under the Edward Byrne Grant Program for a Drug Control and System Improvement Program for FY 2001-02; and authorize the Chairman to execute the Certificate of Participation and all other necessary documents.

Commissioner Colon inquired would the matching funds come from the County's General Fund or the Sheriff's General Fund; with Chairman Carlson responding it is the County's General Fund.

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN AVON-BY-THE-SEA
- CAPE HACIENDA CONDOMINIUM ASSOCIATION

Chairman Carlson called for the public hearing to consider a resolution vacating right-of-way in Avon-by-the-Sea as petitioned by Cape Hacienda Condominium Association.

Assistant Public Works Director Ed Washburn requested the item be continued until May 22, 2001.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to continue the public hearing to consider a resolution vacating right-of-way in Avon-by-the-Sea as petitioned by Cape Hacienda Condominium Association to the May 22, 2001 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN CANAVERAL GROVES, REPLAT OF UNIT 3 - KEITH AND RAE
WILLIAMS

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easements in Canaveral Groves, Replat of Unit 3 as petitioned by Keith and Rae Williams.

Assistant Public Works Director Ed Washburn advised there was a mix-up in posting the sign for Items IV.B and IV.C; and requested both items be continued to May 8, 2001.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing to consider resolution vacating public utility and drainage easements in Canaveral Groves, Replat of Unit 3 as petitioned by Keith and Rae Williams to May 8, 2001 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN SNUG HARBOR LAKES UNRECORDED - ABBOTT MANUFACTURED
HOUSING

Chairman Carlson called for the resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded as petitioned by Abbott Manufactured Housing.

Motion by Commissioner Higgs, seconded by Scarborough, to continue the public hearing to consider resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded as petitioned by Abbott Manufactured Housing to May 8, 2001 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: CONFIRMING PRELIMINARY ASSESSMENT ROLL FOR
TREASURE LANE ROAD PAVING MSBU

Chairman Carlson called for the resolution confirming preliminary assessment roll for Treasure Lane Road Paving MSBU.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution confirming the preliminary assessment roll for Treasure Lane Paving MSBU. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS FOR
GERALD R. LASHCHOBER

Chairman Carlson called for the public hearing to consider a request for determination of vested rights for Gerald R. Lashchober.

Chairman Carlson stated there has been a request to continue the public hearing. Planning and Zoning Director Mel Scott advised there are letters from Mr. Lashchober and from the engineer of record requesting additional time; and they have requested it be continued to May 22, 2001.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to continue the public hearing to consider request for determination of vested rights for Gerald R. Lashchober to the May 22, 2001 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REZONING REQUEST FOR TANGENT COMMUNICATIONS
CORPORATION

Chairman Carlson called for the public hearing to consider a rezoning request for Tangent Communications Corporation. She stated this was postponed due to wetland issues; and requested Mr. Enos comment.

Zoning Official Rick Enos stated there has been a wetland determination done; and the wetland was a half-acre parcel, the north 150 feet of the west 150 of the site. Chairman Carlson stated the assessment showed there was a small portion of forested wetland; and that will not be disturbed. Commissioner Higgs inquired if that portion will be zoned EA; with Chairman Carlson responding the Board could do that. Mr. Enos advised the parent parcel could be rezoned BU-2 except for the wetland portion, which could be rezoned EA. Commissioner Higgs stated Doug Robertson indicates that is acceptable.

There being no further comments, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to approve zoning request of Tangent Communications Corporation on 9.6 acres located on the northeast corner of South Burnett Road and Parrish Road to BU-2 on the parent parcel and EA for the wetland portion, retaining the existing CUP for Towers and Antennae. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCES AMENDING ORDINANCES 2000-53 AND 2000-55
FOR NORTH BREVARD RECREATION SPECIAL DISTRICT AND SOUTH BREVARD
RECREATION SPECIAL DISTRICT

Chairman Carlson called for the public hearing to consider ordinances amending Ordinances 2000-53 and 2000-55 for North Brevard Recreation Special District and South Brevard Recreation Special District.

County Attorney Scott Knox stated it is a housecleaning change to the Ordinance that was suggested by the Bond Counsel.

There being no further comments, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance restating and amending Ordinance 2000-53; creating a Brevard County Special District named the North Brevard Recreation Special District; defining the boundaries of said Special District; authorizing the levy by the Board of County Commissioners of Brevard County of an ad valorem tax not to exceed eight-tenths of one mill on all taxable property within said District for the purpose of repaying such bonds and for the operation and maintenance of such recreational facilities; providing for the adoption of a budget and the assessment, levy and collection of such taxes within said Special District; providing for the authority of the District; providing for an effective date; and to adopt an Ordinance restating and amending Ordinance 2000-55; creating a Brevard County Special District named the South Brevard Recreation Special District; defining the boundaries of said Special District; authorizing the levy by the Board of County Commissioners of Brevard County of an ad valorem tax not to exceed six-tenths of one mill on all taxable property within said District for the purpose of repaying such bonds and for the operation and maintenance of such recreational facilities; providing for the adoption of a budget and the assessment, levy and collection of such taxes within said Special District; providing for the authority of the District; providing for an effective date . Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 1, ARTICLE VI, DIVISION 1,
SECTION 62-1102, SINGLE-FAMILY DWELLING DEFINITION TO PROHIBIT TENTS,
LEAN-TOS, SHEDS AND OTHER SIMILAR SHELTERS

Chairman Carlson called for the public hearing to consider an ordinance amending Section 1, Article VI, Division 1, Section 62-1102, Single-Family Dwelling Definition to Prohibit Tents, Lean-tos, Sheds and other Similar Shelters.

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; Section 1, Article VI, Division 1, specifically amending Section 62-1102, by amending the definition of single-family dwelling to prohibit tents, lean-tos, sheds, and other similar shelters to be used as a residence; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62 TO REMOVE
CONDITIONAL USE PERMIT FOR ADDITIONAL BUILDING HEIGHT

Chairman Carlson called for the public hearing to consider an ordinance amending Chapter 62 to remove conditional use permit for additional building height.

Richard Amari, representing Indian Cove Marina, Inc. and Town Realty, Inc., stated the Board is familiar with the proposed PUD project that is pending; and advised of the status. He stated they are unable to do everything in the short time period, and hope to come back in the near future to request an amendment to the PUD zoning to allow them to incorporate the property to the north; and the property is currently an older trailer park that has been in a blighted condition for a number of years, and is a nonconforming use. He stated the other property they wish to incorporate into the project is shown on the map bounded by yellow; they have been unable to reach an agreement with the property owner; but they hope to bring the property into the project because it will allow the possibility of doing some different things with the building such as requesting vacating of the right-of-way or getting more setbacks to allow the building to be less crowded. He stated if they are able to accomplish that, they would be eliminating two blighted areas; both properties have old trailer parks; the application currently pending was filed prior to the effective date of the Moratorium Ordinance, so they are able to go under the old rules regarding building height; however, if they do come back to the Board to amend the application to allow the additional parcels to come in, the new application would be determined by the new rules, if the proposed ordinance is adopted. He requested confirmation that the proposed ordinance would allow for additional building height in the Merritt Island Redevelopment Area as long as the application meets the residential compatibility guidelines, and as long as there are no residentially-zoned properties adjacent to the properties in question. He advised the parcels meet those requirements, as it is commercial all the way around the properties; and urged the Board, if it adopts the proposed ordinance, to consider staff's proposal as written.

Doug Robertson, Consulting Director to the Merritt Island Redevelopment Agency, stated initially he thought he was going to request a change in the proposed ordinance; but as it is now written, it will work. He stated the MIRA Board reviewed Mr. Amari's project, recommended approval, and asked him to come to the Board to make sure the other parcels could be considered at a later date. He requested the ordinance be adopted as drafted by staff.

Commissioner Colon requested the owners of the trailer parks contact her office; stated she is concerned about the people who live there, especially the seniors; and she would like to talk to them.

George Freeman, Majestic Shores Condominium, stated the residents of Majestic Shores and Royal Palm approve of the Board's actions to establish new criteria limiting building height on the beaches.

Commissioner O'Brien requested someone address Mr. Amari's question. Zoning Official Rick Enos advised the additional parcels Mr. Amari mentioned would be subject to the new regulations; but it appears that he could design a project to comply with those new regulations as written.

Commissioner Scarborough stated his concern is dealing with the additional height for IU and IU-1; there could be a cement plant or some heavy industrial use that would need to have additional height; the Board does not want to discourage that; however, it could abut nice office buildings or a shopping center, and damage the value of commercial property as well as residential property. He stated Mr. Enos indicated he can incorporate some options; and he will support a motion to move this to the second hearing with the caveat that the Board examine the compatibility of high-rise heavy industrial next to commercial.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to move the ordinance amending Chapter 62 for removal of Conditional Use Permit for additional building height to the second public hearing scheduled May 24, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, BREVARD COUNTY
IMPACT FEE PROGRAMS

Chairman Carlson called for the public hearing to consider an ordinance amending Chapter 62, Brevard County Impact Fee Programs.

Douglas Sphar stated the County has infrastructure and service needs that must be funded; impact fees are based on the premise that development should help pay the cost associated with that development; advances in technology have increased the sophistication of public works projects; and with that sophistication comes added cost, which erodes the financing ability of public agencies. He stated some people have expressed concern that impact fees will dampen economic growth; but a study of impact fees by the Washington State Municipal Research and Services Center indicates that quality-of-life attributes are often more important than bean-counter concerns when location decisions are made by businesses. He stated some companies choose to locate in areas with strong quality of life amenities in spite of tax breaks and lower fees offered by competing governments; and it is only fair that those who contribute to impacts of growth should contribute to fund the remedies to those impacts. He stated impact fees are a one-time event in the life of an enterprise; the key factor to success of a new business is adequate capitalization; and any commercial enterprise which finds the fees daunting is probably undercapitalized for success. He requested the Board move forward with the ordinance; and commented on problems with public access to draft ordinances.

Noreen Dreyer, Attorney representing Wal-mart, stated the Board has already received a letter from her partner Susan Motley regarding clarification to Section 50 of the proposed ordinance, which states that projects that have already been submitted for review with all applicable fees paid are not subject to the terms of the ordinance; and suggested the term "applicable fees" be clarified to read "applicable application review fees" to make it clear which fees are being referenced. She stated County staff agrees with the intent of the change.

Chairman Carlson inquired if Mr. Scott has a copy of the suggested changes; with Planning and Zoning Director Mel Scott responding yes, and staff has no objection. He stated the proposed ordinance is the culmination of an effort that began one year ago when a consulting firm updated the impact fee rate schedule, and the Board directed staff to prepare amendments; a Growth Management Best Practices workshop was held in January, 2001; the Board reviewed the ordinance and granted permission to advertise a public hearing; and the Local Planning Agency reviewed and approved the proposed ordinance with a seven to one vote. He stated the ordinance accomplishes five things; it repeals the exemptions granted for commercial land uses in 1995; it revises the impact fee rate schedule for commercial land uses in each impact fee program; it separates the current Emergency Services Impact Fee Program into separate programs for Fire Rescue facilities and Emergency Medical Services facilities; it consolidates impact fee benefit districts to insure participating municipalities all fall within a single benefit district; and it implements other changes needed for internal consistency and to update terminology. He stated the proposed ordinance also removes the potential legal shortcomings of the existing Ordinance concerning equal protection.

Commissioner Scarborough stated the Canaveral Groves area now falls within a district that runs all the way to Suntree and Viera; the issues dealing with transportation and impact would be more closely aligned with Port St. John; and distributed a map showing the boundary to more closely follow the Commission District line for the north mainland area. He requested the motion include changing the line.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article V "Impact Fees"; Amending Division 2 "Emergency Services Facilities" to rename division to "Fire Rescue Facilities"; amending Section 62-721 "Short Title; Statutory Authority; Applicability" to rename short title; amending Section 62-722 "Intent and Purpose" to revise reference to title; amending Section 62-723 "Findings" to revise reference to title and revise level of service standard; amending Section 62-724 "Rules of Construction" to revise title of County Administrator; amending Section 62-725 "Definitions" to revise reference to title; amending Section 62-728 "Imposition" to revise reference to title; amending Section 62-729 "Computation" to revise the impact fee rate schedule; amending Section 62-730 "Payment" to revise reference to title; amending Section 62-731 "Districts Established" to revise district boundaries; amending Section 62-732 "Trust Funds" to revise reference to title; amending Section 62-733 "Use of Funds" to revise reference to title and title of County Administrator; amending Section 62-734 "Refund of Fees Paid" to revise reference to title; amending Section 62-735 "Exemptions and Credits: to repeal exemptions for commercial land uses; amending Division 3 "Correctional facilities"; amending Section 62-763 "findings" to revise level of service standards; amending Section 62-764 "Rules of Construction" to revise title of County Administrator; amending Section 62-769 "Computation" to revise impact fee rate schedule; amending Section 62-770 "Payment" to revise title of County Administrator; amending Section 62-773 "Use of Funds" to revise title of County Administrator; amending Section 62-775 "Exemptions and Credits" to repeal exemptions for commercial land uses; amending Section 62-804 "Rules of Construction" to revise title of County Administrator; amending Section 62-809 "Computation" to revise title of County Administrator and update edition of trip generation manual; amending Section 62-810 "Payment" to revise title of County Administrator; amending Section 2-811 "Districts Established" to revise district boundaries; amending Section 62-813 to revise title of County Administrator; amending Section 62-815 "Exemptions and Credits" to repeal exemptions for commercial land uses; amending Section 62-817 "District Boundaries" to revise district boundaries; amending Section 62-818 "Fee Schedule" to revise the impact fee rate schedule; creating Division 5 "Emergency Medical Services Facilities" to establish a separate impact fee for emergency medical services facilities; creating Section 62-841 "Short Title; Statutory Authority; Applicability"; creating Section 62-842 "Intent And Purpose"; creating Section 62-843 "Findings"; creating Section 62-844 "Rules of Construction"; creating Section 62-845 "Definitions"; Creating Section 62-846 "Penalties; Additional Remedies"; creating Section 62-847 "Severability"; creating Section 62-848 "Imposition"; creating Section 62-849 "Computation"; creating Section 62-850 "Payment"; creating Section 62-851 "Districts Established"; creating Section 62-852 "Trust Funds"; creating Section 62-853 "Use of Funds"; creating Section 62-854 "Refunds of Fees Paid"; creating Section 62-855 "Exemptions and Credits"; creating Section 62-856 "Review"; Creating Section 62-857 "Appeals"; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date, as amended to modify the District 1 boundary.

Commissioner O'Brien stated he cannot support the motion; he is against impact fees on commercial and industrial growth; and charging impact fees becomes almost extortion. He stated without commercial growth the Board could be looking at a severely impacted tax base; and compared the taxes on empty property versus a business. He stated he was concerned when the Board removed the impact fee on commercial in 1995; but in the past six years, there has been incredible growth particularly in Merritt Island and on Wickham Road. He stated the amount of the impact fee to be collected across the six years was approximately $3 million or half million dollars per year; and if the Board increases the impact fees, it is going to shoot itself in the foot economically. He stated the Board is punishing people who want to do business in the County; and that is not proper. He stated if Publix had not built on U.S. 1 in Port St. John, the people would have had to drive further to buy food; but when Publix was built, the trips became shorter and the wear and tear on the roads became less. He stated the Board is making a mistake in imposing impact fees, especially on commercial and industrial developments.

Commissioner Scarborough noted the ordinance does not apply to industrial; with Mr. Scott advising industrial is exempt.

Chairman Carlson stated she received a letter from Carol Noble of Noble Engineering Associates questioning the application of the ITE standards; and inquired if staff had any problem with the way the standards were applied. Planner Steve Swanke stated he has seen the letter and had numerous discussions with Ms. Noble on the issue; and the rate shown in the update study and in the ordinance is correct. Mr. Swanke noted it is the option of the impact fee payer to use the schedule or to do an independent fee calculation study, if he or she feels the schedule is incorrect.

County Manager Tom Jenkins inquired who prepared the study; with Mr. Swanke responding the consultant Tindale Oliver.

Commissioner Colon thanked Lynda Weatherman and Lee Bohlman who worked on the process with Assistant County Manager Peggy Busacca getting feedback. She stated no one is crazy about putting out an impact fee; but roads cost money and that impact comes from the community. She stated a lot of the municipalities were in favor of the impact fee because it creates a level playing field; and cities like Palm Bay and Melbourne, which have impact fees, still have businesses coming in. She stated this is not the answer to all problems, but will put a half million annually into the budget; and it is time for the Board to move forward.

Chairman Carlson inquired if the motion includes the changes suggested by Ms. Dreyer; with Commissioner Higgs responding yes. Chairman Carlson called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

RESOLUTION, RE: QUALIFYING OPTICAL PROCESS AUTOMATION, INC. AS AN
ELIGIBLE BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM AND
AUTHORIZE PUBLIC HEARING TO CONSIDER EXEMPTION ORDINANCE

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution qualifying Optical Process Automation, Inc. as an eligible business under the County's Tax Abatement Program and authorizing a public hearing to consider adopting an exemption ordinance. Motion carried and ordered unanimously.

DISCUSSION, RE: TRANSPORTATION IMPACT FEE CREDITS FOR COMMUNITY
DEVELOPMENT DISTRICTS

County Manager Tom Jenkins stated staff has proposed language that meets with concurrence of all parties. Planner Steve Swanke stated staff has been working with the attorneys for the Viera East Community Development District (CDD) to craft some language that would allow the CDD to receive transportation impact fee credit for the financial commitment it is making to widening Murrell Road; and the draft ordinance is before the Board. He stated there is some disagreement over some of the proposed terms; but staff is trying to move this along as quickly as possible at the request of the Viera East CDD so it can get an impact fee credit before construction is completed on Murrell Road

Dick Endres, representing the Viera East Community Development District, stated they are concerned with getting community development districts included in the ordinance so they can get impact fee credits; the first section of road will be completed and turned over to the County in early June; and if the CDD's are not included in the ordinance by the end of May, they will have a problem because they will not get impact fee credits for that section of road. He stated there is also a legal issue concerning how the traffic count is calculated; that has nothing to do with them and was not part of the CDD's proposal; and requested, if the traffic count becomes an issue that will delay the adoption of the ordinance, that the CDD issue be separated so it can move ahead by May 17, 2001.

Chairman Carlson stated she is not familiar with the traffic count issue. Mr. Swanke stated in the case of the Viera East CDD, it is fulfilling a requirement imposed on The Viera Company to widen Murrell Road as part of the Development Order; Chapter 380, Florida Statutes, includes language that mandates a local government to issue an impact fee credit when it requires a development exaction and imposes an impact fee for the same purpose; so it appears the intent of the statutory language is to provide the credit to the entity paying for the improvement to be made, which in this case is the CDD. He stated the type of improvements that a developer makes usually have both a site-related component and a non-site related component; developers would be reluctant to build something that provides no service to their development; and local governments would not generally require something to be built that did not serve a particular development. He stated in most cases when there is a roadway improvement, some of the capacity is used by traffic that originates or arrives at the project site, while other traffic passes through without stopping; a traffic engineering study is done to make estimates of what the future component will be for each of the traffic components; and they pro-rate the improvements based on that split. He stated that has been done for all previous impact fee agreements, such as the one with The Viera Company for Stadium Parkway; and it is also done for non-DRI improvements. He noted the attorney for The Viera Company does not agree; however, after discussing it with the County Attorney's Office, he believes it can go forward to the May 22, 2001 public hearing. He stated to issue a credit to the Viera East CDD, it will be necessary to do a traffic engineering study to allocate the capacity to the various components and figure out what the cost would be. Chairman Carlson inquired if there is a deadline for that; with Mr. Swanke responding staff can begin work on it immediately and possibly have it ready on May 22, 2001; and it is really up to the turnaround time of the developer's engineers.

Commissioner Scarborough stated he would be in favor of moving this on; and inquired if the attorney for The Viera Company is in Tallahassee; with Mr. Swanke responding that is correct. Commissioner Scarborough stated the attorney has talked to staff on the telephone, but the County has gotten nothing in writing; it is a disservice to the process when someone just calls; there are other people affected by this; and the Board should move ahead in good faith as should the CDD.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve moving forward with the process to provide Transportation Impact Fee Credits to Community Development Districts. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: WETLANDS IDENTIFICATION DURING REZONING PROCESS

Planning and Zoning Director Mel Scott stated the Comprehensive Plan prohibits commercial and industrial land development activities from occurring in wetlands; the Board has discussed revising the point at which wetland delineations are required from a developer; and currently they are required as part of site plan review process. He stated in light of the fact that the Comprehensive Plan prohibits wetlands from being destroyed for commercial land development activities and the Board entertains potential rezonings of property, the Board expressed concern that it might be leading citizens down the primrose path at the rezoning stage; the applicant would get approval for commercial zoning, but then find out at the site plan review that there is no adequate buildable envelope on the property to do what he or she had planned to do; and the question is at what point in the process would the Board want that kind of detail to be provided, prior to a rezoning, Comprehensive Plan amendment, or at the site plan review process. He stated currently at the rezoning or Comprehensive Plan amendment stages, a desktop analysis is done for the property; the Office of Natural Resources staff uses the many maps that are available to try to ascertain the extent of the wetlands on the property, to the best of their ability without visiting the site; and through experience they have identified that a preliminary desktop estimate of 5% may become 80% when ground truthing takes place, or vice versa. He stated the memorandum provides several suggested revisions to the process, including changing the way the County requires information to be obtained at rezoning, and requiring wetland delineation to occur upfront. He stated another suggestion would be the desktop analysis, and if it reveals a defined percentage of wetlands on the property, then a wetland delineation would be required; but if the percentage is not above the defined number, then the delineation would wait until the site plan review process. He advised wetland delineations are required prior to the building permit being issued for commercial or industrial, so the question is at what point in the process this expense would be incurred.

Elaine Graham stated she lives in the Sherwood area of Titusville, and learned of a rezoning through the Homeowners newsletter; and expressed concern that Board members have already seen the plan by the developer, but there was no discussion about the wetlands. She stated when the applicant appeared at a public meeting, which Commissioner Scarborough attended, he presented his first site plan showing location of the buildings; there was no discussion of wetlands; and inquired how can someone present a site plan without having the other aspect of it. She stated water resources are a big issue; and she supports having the wetland delineation required at the initial rezoning. She commented on water resources being critical, adjacent property being a forested area, and aquifer recharge. She stated 50% of the soils on the property at the northwest corner of Carpenter Road and Hammock Trail are rich aquifer recharge soils; approximately 33% of the area is wetlands; and all data should be available at meetings. She pointed out various areas on the map; and stated it is reasonable to demand initial identification of wetlands. She advised of people who support the position of protecting wetlands and her attempt to educate them on the wetland issue; and stated she will submit copies of the paperwork. She stated an aerial survey of the area near her home and near the intersection of Carpenter Road and Hammock Trail shows a rich forested wetland and rich aquifer recharge area; the forested wetland mitigates the huge volume of carbon dioxide emissions from I-95, SR 46, and U.S. 1; and compared the current 219 trips per day for residential versus 3,700 trips per day for commercial. She stated it is responsible to identify the wetland issue initially.

Commissioner Higgs stated staff provided a number of options; and suggested approving option 3, to require wetlands delineation to be performed by the applicant and submitted as part of the rezoning application for all commercial and industrial rezonings. She stated that is the information the Board should have before making decisions; and recommended moving forward with it.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Option 3, to require wetlands delineation to be performed by the applicant and submitted as part of the rezoning application for all commercial and industrial rezonings.

Commissioner Scarborough stated earlier this morning the Board took a parcel that was being rezoned and rezoned part of it EA; zoning can only be done in a zoning meeting; and there is going to be a lot of redundancy and problems if it is not all done together. He stated what is desirable is to have the commercial and environmental parts going simultaneously with the correct information; and that is what makes sense for everybody involved. He stated some people who are less informed may be frustrated by the process; and commented on the consequences of rezoning and having to come back and retrace the zoning process.

Chairman Carlson stated this is just for commercial and industrial rezonings; and inquired if it would be prudent to have large subdivisions do the same thing. Mr. Scott advised it is the pleasure of the Board. Chairman Carlson inquired how it was advertised; with Mr. Scott responding this is administrative policy. Chairman Carlson inquired if Commissioner Scarborough would be willing to include that in the motion; with Commissioner Scarborough advising he would prefer to handle that separately.

Commissioner Higgs stated this is breaking significant new ground; she is willing to discuss it; and requested the Board deal with the commercial issue now and ask for a staff report including the Comprehensive Plan changes that would be necessary.

Chairman Carlson stated the Board will get a report from staff on the issue. She called for a vote on the motion. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to report on a similar provision for large subdivisions. Motion carried and ordered unanimously.

The meeting recessed at 11:21 a.m. and reconvened at 11:28 a.m.

Commissioner Scarborough stated there are a number of rezoning items that were tabled at the last meeting dealing with the wetland issue; it will probably not be possible to have all the wetland assessments in time; there are others in the pipeline; and requested staff notify people that the items may be tabled. Ms. Busacca stated it is the Board's direction to notify the applicants of the Board policy and ask them to provide environmental reviews; and if they cannot be provided within several days of the meeting, staff could then notify the people who spoke at the last meeting for or against the item to let them know it is likely that the Board will table the items based on the new policy. Commissioner Scarborough stated the wetland delineation has to be part of the application package so essentially all the application packages are insufficient and cannot be considered further; and it is not fair to have it submitted the afternoon of the meeting. Ms. Busacca stated staff will advise them it will be necessary to submit the delineation several days ahead of time to allow staff time to notify the people who spoke at the last meeting. Chairman Carlson inquired when will this come back; with Ms. Busacca responding some of the items were tabled to May 24, 2001. Chairman Carlson inquired when would the additional wetland language come back; with Ms. Busacca advising there is no additional language as it is Board policy.

Assistant County Manager Steve Peffer clarified the wetland determination would be the responsibility of the applicant. Commissioner Scarborough expressed concern that there may be some people who may do something less than adequate and call it a wetland assessment. Mr. Peffer stated the Board might wish to consider requiring certain minimum credentials; in some cases, it may be possible to get it done through the St. Johns River Water Management District; and in other cases the Board may want to assure that the assessment was done by someone with proper credentials and certification, such as a registered landscape architect or environmental consultant. Commissioner Scarborough inquired if Mr. Peffer has anything that should be included in the motion; with Mr. Peffer advising he cannot be more specific at this time, but staff can bring back a suggestion as to what the credentials might be. Commissioner Scarborough stated that creates another problem for the applicants who are being held at bay; and he is going to incorporate Mr. Peffer's words at this time even though they may not be fully defined.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to include in the prior action that the wetland assessment be done by someone who meets certain minimum requirements, to be determined by the County Manager's staff. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: JOSEPH'S COURT

Commissioner O'Brien stated of the 20 lots surveyed, 17 or 85% indicated approval, and none indicated negative response; and the study has shown that increased enforcement by the Sheriff's Department has not been effective in reducing the speeding.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve installation of three speed humps on Joseph's Court in Merritt Island. Motion carried and ordered unanimously.

OPTION AGREEMENT, RE: TRANSFER TITLE OF AMISTAD ANSTALT PROPERTY TO
STATE OF FLORIDA

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Option Agreement with Beneficial Interest & Disclosure Affidavit, to transfer ownership of the Amistad Anstalt property from the County to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, contingent on the County acquiring title to the property.

Commissioner O'Brien stated he was under the impression that the County was supposed to share title with the State, but he does not see that. Parks and Recreation Director Charles Nelson stated the State has still not put that in place; so there has been no change in policy. Commissioner O'Brien inquired if there will be a change in the future; with Mr. Nelson responding it was sent back to staff for additional comment and return to the Governor and Cabinet, and he does not have a timeline for it. Commissioner O'Brien inquired if Mr. Nelson has made comments; with Mr. Nelson responding no. Mr. Nelson stated with the changes going on with Forever Florida, they are trying to get that to the Governor to tie up the dollars. Environmentally Endangered Lands Supervisor Ann Birch stated Palm Beach County brought the issue of sharing of title before the Acquisition and Restoration Council of the State; the State sent it back to local governments to come up with options on how the shared title would come forward to the State; it is not a proposition the State would like to proceed forward with at this time; staff is working with State staff to see what they can come up with; and Palm Beach County has taken the lead. Commissioner O'Brien stated his concern is that the County is taking the grant funding, and the State gets full title to the property. Ms. Birch stated the State's hesitancy has to do with how management authority will be shared, what will happen if one party backs down, and how the property would be split in such a situation; and all of those things have to be considered prior to the title being shared between two entities. Commissioner O'Brien inquired how long has staff been working on this; with Ms. Birch responding quite a while. Commissioner O'Brien stated he will support the motion, but is concerned about the title issue.

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

PRESENTATION BY SUPERVISOR OF ELECTIONS FRED GALEY, RE: ELECTION
REFORM

Supervisor of Elections Fred Galey stated elections are the front door to the republic of the democratic process; 99.5% of the people voted correctly; the changes being proposed are to accommodate the other .5% who had mismarked ballots, etc.; and bills are moving through the Legislature. He stated in Florida there are two primaries and a general election; in the 1980's the federal government sued the State of Florida that led to an agreement to have the second primary in the advanced ballot, which has to be mailed out 35 days before the primary and 45 days before the general election; and that created a lot of difficulty with the ten-day count. He stated he received a call from a reporter inquiring how he and the Canvassing Board interpreted certain items on the ballot; and he advised they did not try to interpret anything. He stated the bill is looking to eliminate the second primary; the Supervisors of Elections have been trying to do that for several years; it will eliminate the second primary and move the primary forward to the second Tuesday after the first Monday, which will eliminate the Labor Day problem and give time to print ballots and mail them overseas; and that will probably result in the elimination of the ten-day count on the ballot because there will be time to mail ballots and get them back by the time of the general election. He stated the bill would provide minimum standards for pollworker training, and require the Department of State to provide a uniform polling places procedures manual to be available in every precinct; he already provides training and a manual; but the State is going to mandate, and he will comply with the laws. He stated they are adding additional training in the off-years of four hours for clerks and two hours for inspectors, which will drive up the cost of elections; but he will do the training if necessary. He stated they are going to authorize the use of State, County, and municipal workers to serve as pollworkers in lieu of their normal work; that may shut down government; and again, it will drive up costs. He stated that will provide more pollworkers; and inquired if the County is going to give workers time off to come to training and then to assist at the polls. He stated the legislation will require the Department of State to adopt rules prescribing minimum standards for voter education; he does not know what that means, but will do it; and inquired how will it be measured. He stated Supervisors of Elections will be authorized to conduct additional voter education as necessary; Brevard County will not require as much training as South Florida will; and reiterated 99.5% did it right to start with, and the training is for the other .5%. He stated the legislation will change the composition and provide certain restrictions on members of the Canvassing Commission and County canvassing boards; the Canvassing Commission will be changed to the Governor and two cabinet members; and if someone is serving on the Canvassing Board or Canvassing Commission they cannot publicly endorse any candidate. He stated it is going to modify the grounds for contesting an election; he has been told that there will be a requirement to post a bond if someone wants to challenge an election; and if the person wins, the bond is returned, but if they lose, the bond is forfeited. He stated it will be interesting to see if that actually comes through, but it is in the bill at this time; the legislation will provide for automatic restoration of the right to vote for ex-felons under certain conditions; and it will require each Supervisor of Elections to post a voters' bill of rights and responsibilities at each polling place. He stated it is the voter's responsibility to properly mark the ballot; and it is not the job of the Supervisor of Elections or Canvassing Board to interpret what the voters meant. He stated punchcards have been banned; the County was a step ahead on that; and the State is looking at touchscreen voting, which means no ballots would be printed, and described how the system would work. He noted it will still be necessary to print ballots for absentees; explained why absentee voting is going to increase; and stated the proposed legislation will also require the Supervisor of Elections to be elected on a non-partisan basis. He stated if the bill goes through, there will be an appropriation of $330,000 as a rebate and on July 1, 2002 there will be another $330,000 rebate for the equipment already purchased; and that is based on the number of precincts.

Chairman Carlson inquired was there any language that considers the census, redistricting, and how additional precincts might be defined next year; with Mr. Galey responding he estimated 15 new precincts at $10,000 a precinct would be sufficient. He noted the larger counties got a smaller amount in relation to precincts than the small counties; a large majority of the counties are using precinct optical scanners; 17 counties have equipment identical to Brevard County's; there are nine counties that have equipment identical to Orange County's; and the State is busy trying to get certification of touchscreen systems as none are currently certified in Florida. He stated there will be a switch to touchscreen systems a few years down the line. Chairman Carlson inquired how has the State dealt with counties that cannot afford to purchase equipment; with Mr. Galey responding through loans and grants, both at the State and federal level. He commented further on voter responsibility and education. Chairman Carlson stated it sounds like there are some equitable solutions. Mr. Galey stated there will be two standard ballots, one for equipment such as the County's and one for the Orange County type of equipment; if it is necessary to mail sample ballots, that will be very expensive; and commented on the mailing costs.

Commissioner O'Brien stated Mr. Galey mentioned the overseas ballot; and inquired if those ballots are good for 14 days after the election is over; with Mr. Galey advising it is ten days. Commissioner O'Brien inquired if an election has ever been overturned because of the results of an overseas ballot; with Mr. Galey responding no, but there never has been an election in Florida as close as the previous election. Commissioner O'Brien stated he was thinking about the local level; with Mr. Galey advising the ten-day count only applies to the federal ballot, and not to local issues.

Chairman Carlson expressed appreciation to Mr. Galey for the update.

DISCUSSION, RE: DEVELOPMENT IN WEST CANAVERAL GROVES

Chairman Carlson stated the Board discussed the West Canaveral Groves development in the riverine floodplain, and continued use of the ARR zoning classification; and requested staff provide a recap.

Assistant County Manager Peggy Busacca stated over the last several months the Board has become increasingly concerned about the use of ARR zoning within West Canaveral Groves, and has tabled several requests; the lots within West Canaveral Groves were subdivided and sold at approximately one-acre size; but much of West Canaveral Groves is below the 25-year floodplain elevation, which requires a minimum lot size of two and one-half acres per unit. She stated the lots are nonconforming lots of record, so the request for ARR zoning has not changed the ability for someone to put a structure on the property, but has allowed mobile homes to be placed on the properties. She stated staff previously sent information to the Board; a memorandum from Zoning Official Rick Enos provided options to the ARR zoning classification, which included creating additional zoning classification for larger minimum lot sizes, amending the ARR zoning classification to require minimum lot size, or to eliminate the ARR classification; and the Board will be considering many of the tabled items at its May 3, 2001 zoning meeting.

Commissioner Scarborough inquired if anyone wishes to speak; with Chairman Carlson responding no. Commissioner Scarborough advised of the history of the West Canaveral Groves area; and stated it was never the intention of the Board to create a community within a community with separate rules. He stated this has gone beyond trying to help people come into conformity; the ARR zoning classification has created a separate set of rules; and Mr. Enos has proposed several options on how to amend the ARR zoning classification. He stated as the Board got into the floodplain issue, it tabled several items; this needs to be handled independently as a countywide policy; and requested Mr. Enos comment on the ARR zoning classification and options for changes.

Zoning Official Rick Enos stated the ARR zoning classification currently permits a residence or mobile home on a one-acre lot, and allows agricultural uses as well; but the lot size is inconsistent with the floodplain limitations. He stated there are a number of things the Board could do with the ARR classification or create new classifications; if the issue is not so much the use but the lot size, it could create ARR-2 or 2.5 or any number to require a larger lot size so that lots would have to be accumulated; but in order for that to be successful, it would be necessary to deal with the current regulations in the nonconforming lot of record section, which recognizes the existing lots; and the Board would have to do something different with that when the lots happen to be in a floodplain. He stated changing the ARR classification to require the larger lot size would not help in the circumstances of the 166 lots that already have ARR zoning, as those would be grandfathered in; the Board could eliminate the ARR classification entirely, which would result in a need to do some kind of administrative rezoning on the existing ARR lots; and if ARR was eliminated, the Board would likely go back to the RRMH-1 classification which is the one-acre mobile home lots, with no agricultural uses.

Commissioner Scarborough inquired if some of these things could trigger the Bert Harris Act. County Attorney Scott Know responded any kind of regulation could trigger the Bert Harris Act; and the question is whether the value is diminished or not and whether it creates some sort of inordinate burden on the owner of the property. Commissioner Scarborough stated if the person does not have the ability to do something that he could do today that Act would apply; with Mr. Knox advising it may have the opposite effect. Commissioner Scarborough stated the Board is not making it easier on people. Mr. Knox stated the question is whether it impacts their value; and if it does, then they can make a Bert Harris Act claim. Commissioner Scarborough stated if the requirements are changed, the person would need twice as large a parcel as before; with Mr. Knox advising it would go to the valuation of the parcel; and if they cannot use it because there is a higher threshold for the number of acres needed, it may diminish the value of the parcel. Commissioner Scarborough stated there is some interest on the part of the St. Johns River Water Management District to purchase the properties in West Canaveral Groves; but the County would have to act as a real estate agent collecting the parcels. He stated the Board needs to discuss what it is going to do with the ARR zoning classification.

Commissioner Higgs stated the Board needs to apply the same standards in this area as it applies in other parts of the County in terms of roads and other issues; the same floodplain standard needs to be everywhere; across the nation FEMA is buying property in similarly situated flood zones; and it would be inconsistent for the Board to do anything that fosters development in the flood zone. She stated not only would it be bad economically, but it would not be good for those people who may want to build in that area as they are least able to recover from a flooding situation; and the Board needs to apply the same standards Countywide. She stated there are a number of lots zoned ARR in Sections 20 and 29 of West Canaveral Groves; that causes a bit of a problem; the Board should no longer offer that possibility; and the road issue is one of public health and safety, so it needs to return to the same standards applied across the County.

Chairman Carlson stated she agrees it has to be consistent; and lack of consistency is what has created so many problems.

Commissioner Scarborough stated the Board did this not because it wanted to create a separate area but because it was trying to bring people into some degree of consistency by having the correct zoning; however, rather than creating a means for those who were out there to come into consistency, the Board has allowed a continuation of further inconsistency, so the solution has become the problem.

Commissioner O'Brien stated he agrees with Commissioner Higgs; if the Board is not careful, it will be promoting future blight; people who build in that area could be under water in a good storm and find their property gone; and they are the ones who can least afford it. He stated property in the area is inexpensive; if people put a doublewide on the property, the value may be less than the $25,000 homestead exemption; and people will be asking for services but paying no taxes. He stated there are many examples of communities like that in the County which were pre-planned and are very good; but this area is not a pre-planned community. He stated the development is helter-skelter, much of it is not by any standard at all; the Board is looking at serious problems for the taxpayers in the entire County in the future as this community might become a severe handicap to the County; and it is up to the Board to bring it to the same correct standards as everyone else. Commissioner Scarborough stated what he is hearing is there should not be a separate standard.

Commissioner Higgs inquired if a motion is needed to direct further action in terms of a revision to the Ordinance, or if she makes a motion that the standards throughout the County apply in this area, will that suffice. Ms. Busacca advised staff can move forward to bring those amendments that would be required to the Board to make the area consistent.

Motion by Commissioner Higgs, to direct staff to move forward with the necessary amendments to the Ordinance to bring the West Canaveral Groves area into compliance with County standards.

Commissioner O'Brien inquired if the motion could include aggressive enforcement. Commissioner Higgs stated they will be treated the same as everybody else.

Ms. Busacca advised the Board adopted an Ordinance that says on July 1, 2001, if the existing permanent structures in West Canaveral Groves had not been brought into compliance, that Code Enforcement would move forward; but the Board also directed staff to take no action against existing permanent structures until directed by the Board; and inquired if it is the Board's intent that Code Enforcement actions would begin against the existing permanent structures on July 1, 2001. Commissioner Scarborough recommended taking this as a separate discussion as there is a motion on the floor.

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

Chairman Carlson stated staff needs clarification from the Board on the July 1, 2001 date. Commissioner O'Brien recommended putting the issue on the agenda for the next meeting. Commissioner Scarborough recommended the Board discuss the issue.

Commissioner Colon inquired how many homes are there, and could they be notified at the end of April, 2001. Commissioner Higgs stated the individuals have known for years. Commissioner Colon inquired if they all feel comfortable with the date; and how many homes are being referred to; with Ms. Busacca estimating 60 to 70 homes. Ms. Busacca advised the process originally began in 1994; at that time the homeowners were given two years to come into compliance; and subsequently the Board has amended that to give them additional time to July 1, 2001. Commissioner Colon inquired when were the 60 homes notified that July 1 is the deadline; with Ms. Busacca responding two years ago. Commissioner Colon inquired if it is possible to notify those homeowners now that July 1 is the deadline, if that is what the Board wants to do.

Commissioner Scarborough stated Ms. Busacca and staff have spent innumerable hours trying to help people come into compliance; each one is an individual case; some can come into compliance and others cannot; and this will end up with some problems. He stated there are people who financially and physically cannot move themselves out of that situation; and the question becomes where does the Board ultimately want to go with some of these decisions.

Commissioner Higgs recommended staff do a brief report and talk to the Commissioners so the Board can discuss this issue again; stated she has been dealing with this issue since 1992, but some Commissioners may need an update; and if the Board goes forward to make the changes in the Ordinance, it can discuss the further issue at that time when everyone has been more thoroughly briefed. Commissioner Colon stated she is fully aware of how many years this has taken; but it does not hurt to send out 60 letters to remind people of the July 1, 2001 deadline and allow them to contact the Commissioners. Commissioner Scarborough stated some of the people are not going to be able to conform; they will just sit and cry when they receive notice; and inquired whether the Board is going to physically move them out, and if so, where to. Commissioner Colon stated there are some who will not be able to do anything; but she wants to be able to say that the Board did send out a letter of notification. Chairman Carlson stated Commissioner Colon is asking for a reminder notice; with Commissioner Colon advising that is all she is asking for. Commissioner Higgs stated she does not mind doing that; but when the Board takes the other actions, it can deal with the notice issue.

Chairman Carlson stated that is the floodplain issue; with Commissioner Scarborough responding the Board has not talked about that yet.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the Chairman to write a letter to Henry Dean, St. Johns River Water Management District, indicating the County's willingness to pursue the job of acting as agent for the St. Johns River Water Management District in acquiring properties in West Canaveral Groves. Motion carried and ordered unanimously.

Commissioner Scarborough stated the Board asked staff to come back with a memo at the next meeting; it is looking at a hundred thousand-plus acres of similarly situated floodplain zoned property that could be in the same classification; and when the Board talks about the floodplain, it is not talking about ARR in a particular location, but about a lot of land. He inquired if there is any place in the County the Board needs to be concerned about because it has the ten-year floodplain, what it will do when it has to drain a ten-year floodplain, and what it will do when it builds roads that become dikes. He stated the Board is diverting and creating new ecosystems by draining property that has historically not been drained in that manner; and he does not think the Board should walk away from the issue.

Ms. Busacca stated the first challenge would be to accurately depict the floodplains and map them; the information does not currently exist; and it would require some amount of cost to map the floodplains accurately. She stated staff could provide some estimates for much less money; and that would be helpful to the Board in determining what the impacts of any decisions would be because there are substantial amounts of this land within the County. Assistant County Manager Stephen Peffer stated the Board would be able to get a generalized idea of the amount of property being discussed through information that is available now; but a number of things have happened over the years to change flood elevations such as the Upper St. Johns project; so while staff could probably show the general scope of the area fairly easily, it would be difficult to define the boundaries of the 10 and 25-year floodplains. He stated the 100-year floodplain has been mapped out by FEMA, but no one maps the 10 and 25-year floodplains; so staff would have to create that; and it would have to be done river mile by river mile, which would require surveys. He stated staff can show the Board in a general way, but to be really detailed and specific is not possible now.

Chairman Carlson inquired what has the St. Johns River Water Management District done to map the 25-year floodplain; with Mr. Peffer responding he does not believe it has. Mr. Peffer advised the kind of work the St. Johns River Water Management District does looks at the 100-year floodplain; the 25-year floodplain is of concern to the County; and the 10-year floodplain is a Brevard County limit. Ms. Busacca stated she is not aware that the St. Johns River Water Management District has the 25-year floodplain depicted by maps; the question in the floodplain has been whether or not to require compensatory storage; and the requirement for compensatory storage could make some smaller lots totally unbuildable. She stated staff may be able to develop a process in which certain larger lots or under certain conditions compensatory storage could be required, and it could be looked at in an incremental way, with not only whether something is in the floodplain, but the size of the lot being considered; and that would begin to chip away at the issue.

Drainage and Surface Water Director Ron Jones stated staff has coordinated with the St. Johns River Water Management District; the District does not have the 10-year or 25-year floodplains mapped; but if a uniform fall is assumed, it would be possible to map a line that would provide an estimation of the 25-year floodplain; and if a property falls close to the approximation, the owner would have to provide additional information in terms of topography when he or she goes to pull the building permit. Ms. Busacca stated the original staff memo included other suggestions such as limiting the amount of infrastructure within the 10 to 25-year floodplain to further discourage use of the tax dollars within that area as well as development, so there are other policies the Board could consider putting into place.

Chairman Carlson stated it would be necessary to have an assessment of where the 10 and 25-year floodplains are and put something like that in place. Ms. Busacca agreed; and stated for the prospective, the Board may be willing to accept less accurate data than when it is talking about dealing with existing nonconforming lots of record.

Commissioner Scarborough stated in touching the floodplains, there will be two things; one will be lots that have been divided and people have bought with the understanding the parcel has some value; and the other will be where nothing has come before the County. He inquired what are the restrictions for building in the 10-year floodplain today, if someone was coming in with a new subdivision. Ms. Busacca responded between the 10-year floodplain and the annual floodplain, it is one unit per ten acres and compensatory storage is required; development is prohibited in the annual floodplain; and between the 10 and 25-year floodplain, it is one unit per 2.5 acres with compensatory storage required. Commissioner Scarborough stated lots were cut up and people bought them; and if the Board starts retroactively applying new rules, people will be running right into the Bert Harris Act. Mr. Knox stated that is a possibility any time the rules are changed; and in this case, it is a better than average possibility. Commissioner Scarborough stated Canaveral Groves did not go through all the hoops; they do not have roads out there; and if the Board goes into this situation, it is going to hit Bert Harris on the head.

Chairman Carlson inquired what kind of action is needed; and stated she is going to write a letter to the St. Johns River Water Management District concerning working with the District to acquire properties in the 25 or 10-year floodplain.

Commissioner Scarborough stated as soon as the Board touches the floodplain, it touches more than just Canaveral Groves; and if he was the Commissioner of another District, he would want to see staff do a preliminary study and provide a report on what is there. He stated if the Board changes the rules prospectively, it may want to be more stringent; and Mr. Knox needs to look at the Bert Harris issue because he was told there could be 100,000 acres affected.

Chairman Carlson stated she would like to know how many building permits have come through in the 10 to 25-year floodplain areas. Ms. Busacca advised without accurate maps, it would be difficult to do that; staff planned to present a report on the options for obtaining maps, the accuracy that could be expected, and the cost to generate those; then the Board could provide direction as to how accurate it would like for the maps to be; and staff could provide the other data being requested. Chairman Carlson inquired when will the Board get the information on the maps; with Ms. Busacca responding she has the preliminary options, and will be looking at cost; so it will come to the Board before June.

SETTLEMENT OF CONTRACT WITH OSCEOLA COUNTY, RE: MAINTENANCE OF
FELLSMERE GRADE AND SIX MILE ROAD

Commissioner Higgs stated the funding mechanism for the settlement as the General Fund and the total cost concerns her; she thought it should be District 5 MSTU funds, but the Ordinance precludes expenditure of those funds outside the District; so gas tax should be the source of funds.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to substitute gas tax for General Fund in settlement of Contract with Osceola County for maintenance of the Fellsmere Grade and Six Mile Road. Motion carried and ordered unanimously.

Commissioner Colon stated on May 30, 2001 there will be a meeting between the County Manager, County Attorney, Public Works Director, Indian River County Manager, Osceola County Manager, St. Johns River Water Management District, and the property owners from the Kenansville area; and invited other Commissioners to send representatives.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to execute Amendment to Agreement with Osceola County providing for reimbursement costs to Osceola County for the maintenance of Fellsmere Grade and Six Mile Road from April 10, 1980 to December 31, 2000 at $145,008.36. Motion carried and ordered unanimously.

Commissioner Higgs stated the Board should cancel this Agreement and come up with something different; and she assumes that is what the County Manager will be coming back with after the May 30, 2001 meeting. County Manager Tom Jenkins advised of time constraints; and suggested canceling the Agreement and negotiating a new one.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to cancel Agreement with Osceola County for maintenance of Fellsmere Grade and Six Mile Road; and direct the County Manager to negotiate with Osceola County for a new agreement.

Mr. Jenkins advised Commissioner Colon, who is the District Commissioner, will also be there.

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

Chairman Carlson inquired if staff had an opportunity to develop a recommendation. Assistant County Manager Stephen Peffer stated during the break he presented each Commissioner with a copy of the letter that was received from the Florida Fish and Wildlife Conservation Commission; it says the purpose of the letter is to request the County's assessment of the economic impacts that government would experience if the rules were amended as shown; and the attachment shows the proposed speed zones and manatee protection zones in the County. He noted these are similar to the ones provided earlier prior to the first public workshop with minor changes; and four questions are asked. He stated the first is, "Would you expect adoption of the amendments to have an economic impact on your government?"; and advised the emphasis is on "your government" although the conversation earlier went well beyond government. He stated the second question is, "Would additional staff or equipment be required?"; and that would economically impact the government. He stated the next question is "Would additional resources be required and would the duties or workload of existing staff be altered?"; and that is focusing on direct impact as opposed to indirect impact which might come about if the tax base was changed in some way. He stated the next question is, "Would you expect your government to realize any benefits as a result of the rule, and is there any other information you would like to provide regarding the potential economic impacts of the amendments?"; that is a broad catchall that could be construed to include all the comments heard this morning, if the Board desires. He stated the economic impacts of such a proposal are beyond his scope; he does not see that the proposal, in the form the Board has seen it, has much direct impact on the Board or its staff and resources; however, any Commissioner may see it in a different way. He suggested the Board try to figure out what the impacts might be.

Commissioner O'Brien stated Mr. Peffer's office received the same letter; and inquired if staff has gone forward with any of it yet. Mr. Peffer stated staff has discussed it; there are some preliminary thoughts; but nothing has been put in final form. He stated they have discussed looking at the potential of the County needing to redo some signs at boat ramps, although there may be funding available for that; they do not see that this directly requires any new staff; and if the Board thinks this is something that each County agency should try to identify, he will submit it to all of them and ask about possible impacts. Commissioner O'Brien stated he does not think it is necessary to go to every County agency; the question is whether the expected adoption of the amendments will have an economic impact on the government; the government starts with the Board of County Commissioners and includes everything except for the School Board; and some of the comments made today may be considered. He noted some comments are outside of the scope of what is being asked for; the survey was sent to every marina identified in the County; boating business surveys were sent to a sampling of the County businesses; and surveys were sent to a sampling of real estate agents throughout the County. He stated the County does not want to get into that, but those are the kinds of things that may have an effect on the funding that the Board looks to for operation of the government; and that would be an economic impact. He requested the Board send a letter to the Fish and Wildlife Conservation Commission requesting more time; and stated it is a disservice and not fair to staff because of the lack of time that has been given. Commissioner Scarborough inquired how much more time; with Commissioner O'Brien responding 60 days. Commissioner O'Brien stated the Board should request the Fish and Wildlife Conservation Commission delay its decision until staff has time to decide what is the economic impact, where government is being impacted, and to what degree; it cannot do a Fishkind-type of study as it does not have the time nor the skills to perform such a study; but coming up with something that makes sense out of it all and attaches a dollar value would be good. He stated staff should be able to do that and say the results are within a factor of 20% plus or minus because of the rush of time; it is a difficult task; and the economic impact is as important to the decision as all the other data that has been reviewed.

Chairman Carlson stated Mr. Peffer has advised that staff is not equipped to answer some of the questions, although his initial opinion is that this is not going to be a lot of direct impact; and there may be more impact in the other categories at the end of the letter. She stated the letter is dated April 11 and inquired when it was received; with Mr. Peffer responding it was received on April 18, 2001. Chairman Carlson inquired if staff can get information together soon enough to be submitted on April 30, 2001; and how much time would be needed. Mr. Peffer advised he is not comfortable providing the Board's opinion on this; staff could identify a number of potential impacts; but he would caveat that as a staff not an official response. He stated some things mentioned earlier were incorrect; he does not think this will affect the permitting function or have an adverse impact on natural resources; he has been told that some of the changes may increase property values because of less erosion and noise along the waterfront; but staff could not make any kind of economic assessment of those diverse potential impacts.

Commissioner Higgs stated based on the speed zone changes made the first time, it would be impossible to demonstrate the damage to property values because there has been nothing but increase in waterfront property values. Commissioner O'Brien stated that is not true; he lives on the waterfront; his property values went down since 1992; and they only increased in the past three years. Commissioner Higgs stated the speed zones were originally put into place in 1990; and Commissioner O'Brien cannot just take his neighborhood, but would have to take the totality of neighborhoods affected by the speed zones in order to gauge the economic impact. Commissioner Higgs stated the letter asks four questions; the issues the speakers this morning were relating to are part of the second part of the letter which gives people outside of government an opportunity to respond; and staff should respond by April 30, 2001 based on its ability to answer the four questions. She stated if the Board gets the report back by April 30, 2001 when it sends it to Tallahassee, it can put it on the agenda for the May 3, 2001 meeting to agree or disagree; if it wants its comments to be included, it needs to comply with the April 30, 2001 deadline; and it can then comment on the letter or provide another report before late May, 2001 when the Fish and Wildlife Conservation Commission will meet. She recommended staff respond to the four questions by the April 30, 2001 deadline, as everyone has been given the same opportunity to respond.

Commissioner O'Brien stated his motion of this morning still stands to ask for an extension because of the lack of time needed to answer the questions appropriately; and the rulemaking process should never be bastardized because there is a rush for time and the Fish and Wildlife Conservation Commission printer broke or whatever excuse is being given for allowing less than 14 days to respond. He stated it is a disservice to the taxpayers and is not fair to staff; everyone is saying what they think, but no one knows; and what is sent to the Fish and Wildlife Conservation Commission will be used in the decision-making process that will directly affect Brevard County. He stated the Board has an obligation to the citizens to tell the Fish and Wildlife Conservation Commission that it is rushing the process and giving inadequate time to come up with some of the answers; and commented on costs of marine law enforcement, information that needs to be collected, and potential for property value increases to cover increased costs. He suggested requesting in the letter to Fish and Wildlife Conservation Commission that it hire someone to do a study on the economic impact on the County most affected, which is Brevard County.

Chairman Carlson stated her fear is that the train is continuing to move; this is an opportunity for the Board to provide some input; and there is no problem with Mr. Peffer's response and advising there may be additional information forthcoming as it is discovered. Commissioner Higgs stated the train is moving; the Board lost its opportunity a couple of years ago to impact this; and it can say what it wants in the timeframe provided. Chairman Carlson advised the State is running the boat.

Commissioner O'Brien stated the final decision will not be made before late May or later, depending on how much time is needed to complete the rulemaking process; and the Board could request that it be later so the information the County provides is honest, well thought out, and accurate; in Fish and Wildlife Conservation Commission's rush to decision, it is deleting the County's serious input and essentially disenfranchising every resident of the County in the process.

Commissioner Colon inquired if it is possible to give the information before April 30, 2001, and then because Fish and Wildlife Conservation Commission will be accepting further information to get feedback from boaters and businesses that will be affected.

Chairman Carlson stated that is fine; and inquired if Mr. Peffer can follow that direction and achieve what the Board wants to achieve. Mr. Peffer stated staff will prepare a response; and it may be possible to get a one-week extension on the deadline, so that can come back to the Board for discussion on May 3. Chairman Carlson stated if it is possible to get a week, staff should do so. Commissioner O'Brien stated if staff can get 60 days, it is even better. Mr. Peffer encouraged any Commissioner with feelings on this subject to advise him because he does not foresee direct impacts to the County to any great extent; he will be talking to other departments that might be affected, and will bring back the first analysis; and if the Board wishes staff to ask for an additional extension, it could include the request for additional time to do a more thorough economic analysis as part of sending the first analysis. Chairman Carlson stated she does not know how the County is going to do a more thorough economic analysis to fit the timeframe; the County is potentially going to miss the boat entirely and shoot itself in the other foot; it already shot itself in the foot when it released all authority to do this; and now it is going to do it again. She stated if staff can get another week, it should do so and bring it back at the next meeting; and if it cannot, it should respond and see what happens.

Commissioner Higgs stated she is confident that the marine industries, in conjunction with the other professionals, will be providing comprehensive comment on a number of the issues as will the advocates on the other side. She stated the Fish and Wildlife Conservation Commission is going to make a decision at the end of May, and if the Board waits 60 days, it will have lost any opportunity to comment.

Commissioner O'Brien stated he wants to request Fish and Wildlife Conservation Commission wait 60 days while the County creates competent information to give them; Captain Tom said this morning he was only given eight days to respond; so even the people Fish and Wildlife Conservation Commission is surveying are not being given sufficient time to go through a thoughtful process on the economic impact on their businesses, lives, and communities. Chairman Carlson noted he could be one of many who received short notice, or one of few; and the Board does not really know that. Commissioner O'Brien noted the County also received short notice; and it represents more than 500,000 people.

PUBLIC COMMENT, RE: WETLANDS

Elaine Graham stated she came for the wetland issue as it relates to a specific development; she loves Hammock Trail Road; and expressed concern about the wetlands and the RV expansion. She stated the Green property is next to the RV expansion; in his presentation Mr. Green referred to the property as an ecologically fragile area; in another meeting he spoke about the big oak trees on the property; and suggested the area be maintained as an ecologically-sensitive area with important wetlands. She inquired, since it is next to the RV expansion, if there is a possibility of the County acquiring the property; stated it is contiguous to the other area; and suggested rewarding Mr. Green by naming the park after him.

Commissioner Higgs recommended Ms. Graham discuss this with Commissioner Scarborough who could advise her of the proper people to contact for preservation activities. She noted there are lots of projects that one person got involved in that have resulted in preservation; and encouraged Ms. Graham to pursue the issue.

CLARIFICATION, RE: RAVE ORDINANCE

County Attorney Scott Knox requested clarification on whether the proposed rave ordinance is supposed to be Countywide and whether the Board wants to waive the Countywide review process it normally goes through.

Commissioner Higgs stated if that is waived, the cities will feel put upon; the Board can send the ordinance to the municipalities to review as quickly as possible; it can send the ordinance that is being drafted right now; and it should go through the process it agreed to go through.

Commissioner O'Brien recommended creating a Brevard County ordinance with a proposed amendment in the future that would include the cities. County Manager Tom Jenkins stated the Board could draft the ordinance for the unincorporated area, but take the 90 days that the policy requires and circulate it to the cities; and then it could amend the ordinance to make it Countywide. Commissioner O'Brien inquired if that will solve the problem; with County Attorney Scott Knox responding it does.

REQUEST FOR FEEDBACK, RE: WATERWAY ISSUE

Commissioner Colon stated when the Board had citizens come before it in terms of critical habitat and the wetlands Ordinance, it got feedback from the community; and she would want to give the same treatment to the people who came this morning regarding the waterways. She stated even though the Board is responding by April 30, it has decided to continue the dialogue; and she hopes that includes feedback from the businesses that will be affected.

REPORT, RE: TRASH BASH

Commissioner Colon stated last weekend Trash Bash was held; she had approximately six teams, which collected 68 bags; and expressed appreciation to the volunteers. Chairman Carlson noted the totals for Trash Bash are not in yet.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 12:51 p.m.

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ATTEST: SUE CARLSON, CHAIRMAN BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
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SCOTT ELLIS, CLERK

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