The Board of County Commissioners of Brevard County, Florida, met in regular session on January 11, 2000, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Hoyt Byron.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Minutes of August 19, 1999 Special Meeting, August 31, 1999 Regular Meeting, and October 14, 1999 Special Meeting. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - CONGRESSMAN DAVE WELDON, RE: STATUS REPORT

Congressman Dave Weldon advised they concluded the first session of the 106th Congress at the beginning of November; and he wants to report to the Board on several issues that are important locally in Brevard County and in the 15th Congressional District. He stated some of the most important things they devote a lot of time and attention to are the Space Program, the NASA budget, and the Space Station; the NASA budget got a slight increase this fiscal year; the Space Station Program got full funding; and the Shuttle Program got a slight increase for upgrades to keep the shuttle flying. He stated the reason for that is they felt a replacement for the shuttle would be many years off and the investment on improvements were cost effective because it will be flying for many years to come. He stated there are still serious problems with the Space Station Program; and the Russians recently announced that the critical element they are responsible for putting in space, the service module, will be delayed until the Summer and possibly the Fall, mainly due to problems with their launch vehicle, the Proton Rocket, which recently suffered another failure. He stated he initiated the process of petitioning his colleagues in the House to work with him and NASA to develop a work around program called the "Interim Control Module" that would probably have to be launched on the Space Shuttle some time in November or December, 2000; and it will link with the existing elements of the Space Station to help keep it aloft and from re-entering the atmosphere.

Congressman Weldon advised an important issue is veterans health care; the Veterans Clinic recently opened in Viera and he volunteers once a month to see patients there; and every month the volume of patients goes up and up; so clearly there is a tremendous demand for those services in the area. He stated the Clinic will get a tremendous amount of use; the Veterans Administration continues to pursue programs of trying to make sure dollars for veterans go to where the veterans are and not where the bricks and mortar are; for years veterans have been moving to the sunbelt and the Veterans Administration sent money to the hospitals and clinics up north rather to where the veterans were like Florida; and they have a program to try and address that issue on an ongoing basis where each year the State will get increased amounts of money.

Congressman Weldon advised the beach renourishment issue is important to all citizens particularly those who had significant sections of beach that experienced huge amount of erosion since the creation of the Port; and there is clearly a federal responsibility. He stated the Port was created to support commerce, but it was also created to support the ballistic missile program that supported the cold war efforts, enabling the United States to ultimately have a victory in that arena; there is a definite federal responsibility; and Congress and the President acknowledge that and have an ongoing program to address it. He stated the hope is to have sand placed on the beaches after the end of the turtle nesting season; Brevard County has the most densely populated sections of beaches for the endangered loggerhead sea turtle and cannot put sand on the beach when they are nesting; so when that season concludes, they will begin placing sand on the beach which will hopefully be this Fall. He stated it is an issue of tremendous importance to everyone in Brevard County, not just those who live along those beaches; the beautiful beaches create an attraction for everyone who lives in the County and affects property values; so it is not exclusively important to beach communities. He stated there were communities excluded from the beach renourishment program because of the presence of the worm rock; and he is working with officials from the Army Corps of Engineers, Fish and Wildlife, and other federal and State agencies to find a way to work around the issue because it would be inappropriate to exclude those communities from the program when considering the huge amount of beach erosion they have experienced. He noted his family enjoys Paradise Beach Park; they have been going there for over ten years; and he has witnessed the gradual progression of beach erosion worsening.

Congressman Weldon advised national issues important to the County are the budget, surplus, and tax cuts; and the most important event that happened in the Congressional session they just concluded is, when the books were closed on 1999, not only did they have a surplus, but they did not spend any of the social security surplus dollars and were able to set aside all of it. He stated it is the first time in 40 years that has happened; and that was their priority, and what they want to accomplish this year as well. He noted it looks like they are on track for that; the Congressional Budget Office recently reported that the total size of the budget surplus will be in the range of $50 billion, and that they will again totally set aside the social security surplus. He stated one of the most important things everyone needs to be aware of regarding social security is that not spending the surplus is a very good first step to making sure social security will remain solvent for years and years for today's generations that are collecting benefits and for generations that are paying into it; but the only way to accomplish that for many future generations is to have a social security fund that has real assets and can actually grow in value. He stated hopefully they will address that issue this year in the second session. He stated they have the funds to set aside all the social security monies, but they will still have a significant surplus in the years ahead; and it would be appropriate to set aside a significant portion of that for tax relief, particularly for working families. He stated the President vetoed their tax package, but many presidential candidates are putting forward tax cut proposals; so he is optimistic that they should be able to pass some form of tax relief in the coming session.

Congressman Weldon advised two of his highest priorities are eliminating the marriage tax penalty and the inheritance tax; it is morally wrong to have a Tax Code that encourages people to live together out of wedlock; so there should be no tax penalty for getting married. He stated the inheritance tax is leading to the breakup of hundreds of family farms, ranches, and orange groves throughout America; it is a very punitive tax and inefficient; the federal treasury gets very little revenue from the inheritance tax; and he remains strongly in support of eliminating it completely. He stated it is also leading to the breakup of a lot of small businesses.

Congressman Weldon advised another important issue is education; there is a serious growing national crisis in this area; they are not turning out enough teachers; and many school districts are experiencing significant problems in hiring teachers primarily in the math and science arena. He stated probably as important is that students in college are not majoring in the subjects of science, math, and engineering; that is critical to the future of our nation because job creation is happening in the high-tech fields, science fields, and computer science; and it is critical for Congress to work with local officials to try and address the problem in the upcoming session. He stated another important educational issue that he will continue to advocate policies for is moving power and influence out of Washington and into local levels as much as possible, because the most effective way to enhance education is to give parents, teachers, and school districts the ability to make the best decisions for their communities.

Commissioner O'Brien congratulated Congressman Weldon for his efforts in accomplishing the task of beach restoration, getting the veterans clinic in Brevard County, volunteering his services there once a month, the increase in NASA's budget, and tax relief. He stated those are important victories; and volunteering his time to help veterans speaks highly of Congressman Weldon as an individual.

Congressman Weldon stated many people feel they should not cut taxes; but if they cannot cut taxes now, when can they do it. He stated it is projected, if spending is controlled, they could have $700 billion to one trillion dollars of surplus over the next ten years; and some of that money can be applied to important priorities, but it would also be appropriate to allow working families to apply some of it to their personal priorities. He advised he sent out a mailer that goes into the issues in more detail.

Chairman Higgs thanked Congressman Weldon for taking the time to come and advise the Board of those important issues.

REPORT, RE: AGENDA ITEMS

Commissioner Voltz advised Items III.A.6. and III.E.2 on the Consent Agenda should have come before the Board prior to this meeting; it was taken off because they were told it was too late to be put on the Consent Agenda; so now the Board is approving a permit for an outside concert at Christmas time which has already taken place. She stated Item III.E.2 is to add members to the Juvenile Justice Comprehensive Strategy Planning Committee; those members should have been appointed in December; and it was ready, but they were told it was too late to be on the Consent Agenda even though it was in several days ahead of the meeting. She stated when there are issues that need to come before the Board, there should not be a problem putting them on the Agenda so they can be taken care of in a timely manner.

Chairman Higgs stated Commissioners have the flexibility that staff does not have in putting items on the Agenda because of the way the Board asked them to work. Commissioner Voltz stated she did not know beforehand that there were problems with those items.

REPORT, RE: LOBBYIST ASSISTANCE FOR TICO AIRPORT FDOT GRANT

County Manager Tom Jenkins advised TiCo Airport Authority is trying to secure a $1.6 million Florida Transportation Grant for a corporate terminal, and requested approval to allow the Board's lobbyist to assist the Authority in obtaining the grant.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize Lobbyist Guy Spearman to assist TiCo Airport Authority in securing a $1.6 million FDOT grant to construct a corporate aircraft terminal complex. Motion carried and ordered unanimously.

REPORT, RE: Y2K PLAN

County Manager Tom Jenkins advised the Y2K Plan was successful with no serious disruptions; and if the Board did not implement it, there would have been serious problems. He expressed appreciation to Florida Power & Light Company, BellSouth, the banking industry, every County Department, County employees Gino Butto, Bob Lay, and Stockton Whitten, the team of employees who worked on replacement of the financial system, and everyone who contributed to the success.

Chairman Higgs expressed the Board's appreciation to all the people who made the plan work.

REPORT, RE: SPEED HUMP ON VIVIAN DRIVE

Commissioner Scarborough advised there was a request for a speed hump on Vivian Drive in Port St. John; the Board was not able to take action because of some questions; the gentleman who brought it forward has information; so he would like to bring it back as a public hearing. He recommended staff schedule it for a public hearing if there are no objections from the Board.

REPORT, RE: EXPRESSION OF APPRECIATION

Commissioner O'Brien thanked Gino Butto of Information Systems and his staff for all their hard work to prepare Brevard County for the year 2000; stated Y2K is now Y20K; and all their hard work paid off. He also thanked Bob Lay and the Emergency Management staff and all the dedicated County employees who kept a close eye on the entire County during the New Year holiday; stated it was a job well done; and thanked staff again on behalf of the citizens of Brevard County.

REPORT, RE: COMMITTEE APPOINTMENTS

Chairman Higgs recommended appointments of Barbara Whitley to the Citizens Action Advisory Committee; Sarah Love to the Parks and Recreation South Service Sector Advisory Board; Eugene Gwinn to the South Mainland Community Center Citizens Advisory Committee; and Thomas Redmond to the Palm Bay Regional Park Advisory Committee.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint Barbara Whitley, Sarah Love, Eugene Gwinn, and Thomas Redmond, as recommended by Chairman Higgs. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH ALVIN PAULEY, RE: SERNA AVENUE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with Alvin J. Pauley for a building permit off Serna Avenue constructed to the Standards of the Unpaved Road Ordinance, Section 62-102. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DANNA MOORHEAD, RE: PONDEROSA ROAD

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with Danna Lynne Moorhead for a building permit off Ponderosa Road which has been constructed to the standards of the Unpaved Road Ordinance, Section 62-102. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH SAWGRASS LAND DEVELOPMENT COMPANY AND COLONIAL BANK, RE: IMPROVEMENTS IN SAWGRASS AT SUNTREE, PHASE 1

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Escrow Agreement with Sawgrass Land Development Company and Colonial Bank, guaranteeing improvements in Sawgrass at Suntree, Phase 1. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA, TRACT G1, PHASE IIIA SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant final plat approval for Viera, Tract G1, Phase IIIA Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA, TRACT G1, PHASE IIIB SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant final plat approval for Viera, Tract G1, Phase IIIB Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other jurisdictional permits. Motion carried and ordered unanimously.

APPROVAL OF OUTSIDE MUSIC, RE: VIERA EAST COMMUNITY ASSOCIATION CHRISTMAS CONCERT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant after-the-fact approval for outside Christmas Concert sponsored by Viera East Community Association at the Woodside Park on December 12, 1999. Motion carried and ordered unanimously.

PERMISSION TO REFUND PORTION OF VACATING FEE, RE: PETITION TO VACATE PART OF McBROOM STREET IN BAY CREST VILLA - HARRY HART

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve refund of $80 of unused portion of the $400 vacating fee to Harry Hart for his petition to vacate a portion of McBroom Street in Bay Crest Villa, as his petition was withdrawn. Motion carried and ordered unanimously.

APPROVAL TO INCREASE PURCHASE ORDER TO SOUTH PATRICK RESIDENTS ASSOCIATION, RE: ROADSIDE MAINTENANCE OF COUNTY RIGHTS-OF-WAY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to increase Purchase Order No. 4500001851 to South Patrick Residents Association for roadside maintenance of County rights-of-way to approximately $37,000. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH AD MORGAN CORPORATION, INC., RE: NORTH BREVARD SERVICE COMPLEX (PARKWAY) CHILLER REPLACEMENT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 2 with AD Morgan Corporation, Inc. reducing contract price by $82,828 for direct purchase and $3,486.89 for cost savings in General Conditions, concrete budget and electrical/mechanical budget. Motion carried and ordered unanimously. (See page for Change Order No. 2.)

CHANGE ORDER NO. 1 WITH THE WATAUGA COMPANY, RE: COCOA WEST COMMUNITY CENTER RESTROOM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 1 with The Watauga Company increasing contract price by $1,860.37 and time by 45 days for construction of a pavilion restroom at the Cocoa West Community Center. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION COMMITTEE, AND EXECUTE CONTRACT, RE: FULFILLMENT CENTER SERVICES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise Request for Proposals for a company to perform fulfillment center services; appoint the TDC Marketing Committee to review and submit list of two or three proposals with recommendations; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: MARIGOLD AND CYPRESS AVENUES PAVING, DRAINAGE, SIDEWALK AND SODDING IMPROVEMENTS PROJECT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to bid Marigold and Cypress Avenues Paving, Drainage, Sidewalk and Sodding Improvements Project; award of bid to lowest responsible bidder; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

AMENDMENT TO SHIP PLAN, RE: SECURITY AND UTILITY DEPOSIT ASSISTANCE PROGRAM AND TRANSITIONAL YOUTH SHELTER ASSISTANCE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve an amendment to the SHIP Plan to include two new strategies for a Security and Utility Deposit Assistance Program and a Transitional Youth Shelter Assistance Program. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF ROCKLEDGE, RE: INFRASTRUCTURE IMPROVEMENTS IN SHEPARD PARK ACRES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with City of Rockledge for infrastructure improvements in Shepard Park Acres funded through the Community Development Block Grant Program at $179,267. Motion carried and ordered unanimously.

AGREEMENT WITH CENTRAL FLORIDA COMMUNITY DEVELOPMENT CORPORATION, RE: IMPLEMENTATION OF MICRO-ENTERPRISE DEVELOPMENT PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with Central Florida Community Development Corporation for implementation of the Micro-enterprise Development Program funded by Community Development Block Grant Program at $50,000 under the Consolidated Action Plan. Motion carried and ordered unanimously.

APPOINTMENTS, RE: AFFORDABLE HOUSING COUNCIL

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to appoint Jack Gilbert, John R. Saxton, Del Travis, and Thomas E. Metz to the Affordable Housing Council with terms expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL TO RENAME SOUTH BEACHES REGIONAL PARK, RE: PONCE LANDING

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to rename South Beaches Regional Park as Ponce Landing. Motion carried and ordered unanimously.

CONCEPTUAL APPROVAL AGREEMENT AND CONFIDENTIALITY AGREEMENT WITH FLORIDA COMMUNITIES TRUST AND CITY OF SATELLITE BEACH, RE: P-2000 LAND PURCHASE GRANT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Conceptual Approval Agreement and Confidentiality Agreement with Florida Communities Trust and City of Satellite Beach for a P-2000 Land Purchase Grant of $5,277,090 for acquisition of beachfront property. Motion carried and ordered unanimously.

RESOLUTION RESCINDING RESOLUTION 97-141, RE: WICKHAM PARK ADVISORY COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution rescinding Resolution No. 97-141 expanding membership on the Wickham Park Advisory Committee from only residents living in subdivisions immediately adjacent to the park to residents living in close proximity to the park and members of user groups. Motion carried and ordered unanimously. (See page for Resolution No. 2000-001.)

CHANGE ORDER NO. 1 TO S.W.I.M. CONTRACT AND BUDGET CHANGE REQUEST, RE: REHABILITATION OF IMPOUNDED SALT MARSHES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Change Order No. 1 to S.W.I.M. Contract with St. Johns River Water Management District for rehabilitation of impounded salt marshes, extending time to December 31, 2000; and approve Budget Change Request in the amount of $273,008. Motion carried and ordered unanimously.

PERMISSION TO EXPAND BID #B-1-9-63, RE: ADDITIONAL 18-INCH PUMP WITH PUMP STATION

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize expanding Bid #B-1-9-63, to include the purchase of an additional 18-inch pump with pump station from Farmers Manufacturing Co., Inc. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID OR PURCHASE OFF STATE OR GSA CONTRACT, RE: HEAVY EQUIPMENT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to bid, award bid to low responsible bidder, or purchase off State or GSA Contracts for heavy equipment budgeted for purchase in FY 1999-2000, including two dozers, one dump truck, one front loader, two farm tractors, one service truck, four over-the-road tractors, and 20 trash hauling trailers at approximate cost of $1.9 million. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION ESTABLISHING RECLAIMED WATER INFRASTRUCTURE CREDIT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing for February 1, 2000, to consider a resolution establishing a reclaimed water infrastructure credit. Motion carried and ordered unanimously.

PROJECT AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT, RE: BREVARD WATERWAYS ENVIRONMENTAL CANOE PROJECT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Project Agreement with Florida Inland Navigation District (FIND) for $8,318 to fund the Brevard Waterways Environmental Canoe Project. Motion carried and ordered unanimously.

APPROVAL OF NEGOTIATED SETTLEMENT, RE: WORKER'S COMPENSATION CLAIM OF MICHAEL CARLUCCI

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve negotiated settlement of Worker's Compensation claim with Michael Carlucci at $34,268 to settle medical and indemnity aspects and attorney fees plus $268 for taxable costs and voluntary resignation. Motion carried and ordered unanimously.

APPROVAL OF PROPOSED PROPERTY DAMAGE LIABILITY SETTLEMENT, RE: RESIDENCE AT 479 TURTLE CIRCLE, SATELLITE BEACH

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve proposed property damage liability settlement with Jim Hollis whose residence sustained extensive interior damage as a result of overflow of sewage from the County's Sewer System, estimated at $16,490.84. Motion carried and ordered unanimously.

APPROVE FEE AND EXECUTE CONTRACT, RE: PROSPECTIVE UTILIZATION MANAGEMENT REVIEW

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve $2.00 per employee per month fee to Space Coast IPA to perform prospective utilization management review for Brevard Partnership EPO members selecting their primary care physician through the Space Coast IPA; and authorize the Chairman to execute a Contract with IPA, subject to approval by Human Resources and the County Attorney. Motion carried and ordered unanimously.

AMENDMENT TO CONTRACT WITH IKON OFFICE SOLUTIONS, RE: RENTAL OF ADDITIONAL TYPES OF COPY MACHINES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Amendment to Contract with IKON Office Solutions for rental of additional types of copy machines. Motion carried and ordered unanimously.

EXTENSION OF CONTRACTS WITH BELLSOUTH AND BREVARD BUSINESS TELEPHONE SYSTEMS, RE: MAINTENANCE OF COUNTY TELEPHONE EQUIPMENT AND SYSTEMS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve extension of Contracts with BellSouth and Brevard Business Telephone Systems for maintenance of the County's complex telephone systems at $13,333 per month and $2,477 per month respectively. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING SEPTEMBER 30, 1999

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to accept Revenue Monitoring Report for quarter ending September 30, 1999. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 99-098, RE: REVISING JUVENILE JUSTICE COMPREHENSIVE STRATEGY PLANNING COMMITTEE MEMBERSHIP AND PROVIDE FOR APPOINTMENT OF A SINGLE SPECIFIED ALTERNATE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution amending Resolution No. 99-098 revising the Juvenile Justice Comprehensive Strategy Planning Committee to add seven members; and appointed Anselmo Baldorado to represent the Hispanic community with Sonia Geurao as alternate; Juanita Barton to represent the African American community with Eric Green as alternate; Bernice Jackson to represent Housing and Community Development with alternate to be designated; School Readiness member and alternate to be designated; Council of Chambers member and alternate to be designated; SEDNET member and alternate to be designated; and JJCSPC Administrator Volunteer Member Dolores Cassella with alternate to be a volunteer appointed with JJCSPC approval. Motion carried and ordered unanimously.

County Attorney Scott Knox advised two appointees were left off the list; one is the Health Department and the other is a United Way member; and it should be incorporated as part of the motion to place those in the Resolution.

Chairman Higgs inquired if the item is being amended to add nine members instead of seven; with Mr. Knox responding affirmatively. Commissioner Voltz stated she does not recall that. Chairman Higgs recommended the item remain as is, and those additional members be considered at a later time.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to appoint and/or reappoint the following: David Paterno to Affordable Housing Council, with term expiring December 31, 2000; Clara Mutter and Steve Lino to Animal Control Dangerous Dog Hearing Council, with terms expiring December 31, 2000; Mary Herzig, Gil Carlson, Sandy Sevigny, and Bob Gabriel to Art in Public Places Advisory Committee, with terms expiring December 31, 2000; Brenda Harris, Beverly Jones, Janie Holman, Cindy Flachmeier and Carmen Shrum to Brevard County Commission on the Status of Women, with terms expiring December 31, 2000; Donald Simms and Ed Fleis to Building and Construction Advisory Committee, with terms expiring December 31, 2000; Elizabeth Armistead to Central Brevard Library and Reference Center Advisory Board, with term expiring December 31, 2000; Robert A. Klaus to Citizen Budget Review Committee, with term expiring December 31, 2000; Pat Boatwright, Izeal Battle, Leartis Brothers, Reverend Melvin Chatman, Jimmy Jackson, Betty Wells, and Zola White to the Cocoa West Community Center Advisory Board, with terms expiring December 31, 2000; Benny J. Hopkins, Sr. and David Paterno replacing Theresa Suarez on the Community Action Agency Advisory Committee with terms expiring December 31, 2000; Sally Stephen and Clara Smith to Community Based Organization Funding Advisory Board, with terms expiring December 31, 2000; Reverend Edward Buckner and Phyllis McCullers to Community Development Block Grant Advisory Board with terms expiring December 31, 2000; Jim Rodriquez to replace Kevin Daneu, and Del Travis to Contractors Licensing Board, with terms expiring December 31, 2000; Traci Wood, Sid LaDow, and Kim Roberts to Country Acres Advisory Board, with terms expiring December 31, 2000; Christopher Graham replacing Roland Foster, and Scott Sorenson to the Economic Development Commission of the Space Coast, with terms expiring December 31, 2000; Kim Couture and Al Yorston to the Employee Benefits Advisory Committee, with terms expiring December 31, 2000; Tom Stevenson replacing Priscilla Griffith, Rich Gramling, and Rebecca James to Environmentally Endangered Lands Procedure Committee with terms expiring December 31, 2000; Cameron Donaldson and Gerald Lafferty to Extension Advisory Council with terms expiring December 31, 2000; Richard Wallace, Susan Sheppard, Yvonne Shingler, Jim Culberson, Georgiana Kjerulff, Ada Parrish, Elaine Liston, and Eleanor Downes to Historical Commission, with terms expiring December 31, 2000; Fernanda Safarik, Judy Collier, and Martha Russo to Library Board with terms expiring December 31, 2000; Amy Fannin and Maria Wyatt to Meadowlane Community Library Board with terms expiring December 31, 2000; Marilyn Washburn and Ellen Chick to Medical Services Review Committee with terms expiring December 31, 2000; Kenneth Carah to Melbourne-Tillman Water Control District with term expiring December 31, 2000; Barry Rhodes, Eddie Carr, Jr., and Clarence Mills to MPO Citizens Advisory Committee with terms expiring December 31, 2000; Gerianne Riley, Mike Couture, and Audrey Joiner to Palm Bay Regional Park Advisory Committee with terms expiring December 31, 2000; Dave Suazo, Jon D. England, Terri O'Brien, Christopher Graham, and Brian Hurley to Parks and Recreation South Service Sector Advisory Board, with terms expiring December 31, 2000; Dorothy Ricker and Oscar Gamboa to the Personnel Council with terms expiring December 31, 2000; Katherine Martin replacing Gerianne Riley, Stephen C. Marcum, Kathryn Kowalski, Gerald Jagrowski, Julie Harrison, Eddie Carr, Jr., Ronny McLellan, and Roy Wariner to Planning and Zoning Board, with terms expiring December 31, 2000; Ginny Mack and Brett Wood to Public Golf Advisory Board with terms expiring December 31, 2000; Flo Canham, Phyllis McCullers, Bill Sansbury, Helen Gustafson, Jeanne Osborne, Jackie Kapp, and Bruce McMann to South Mainland Community Center Citizens Advisory Board with terms expiring December 31, 2000; Bob Wilson, Jeanne Osborne, Owen C. Gallagher, Joyce Bent, Marie Bergamini, Joan Lewis, and Yvonne Atha to South Mainland Library Advisory Board with terms expiring December 31, 2000; Bruce Stevenson, Allen D. Scales, E. Harrison Rhame, Jim Peterman, Audrey Nassen, Charles Manning, James Williamson, Karen Kirkland, Neil Jackson, Gerald Jagrowski, Daniel Frazee, Daniel Dooley, and Warren Price to Suntree-Viera Parks Committee with terms expiring December 31, 2000; Dot Lawless, Terry Kotzen, June Baker, and Jim Peterman to Suntree/Viera Public Library Advisory Board with terms expiring December 31, 2000; Tibby Parker, Richard Wallace, Dan Overstreet, and Tom Stevenson to Surface Water Improvement Advisory Board, with terms expiring December 31, 2000; William C. Sawyer to Titusville-Cocoa Airport Authority, with term expiring December 31, 2000; Tom Hay replacing Nick Telemachos on the Tourist Development Council with term expiring October 31, 2003; Dr. Russell Minton, Dennis Wilt, Jim Ray, Del Yonts, and Art Irvine to Valkaria Airport Advisory Board, with terms expiring December 31, 2000; Richard Higgins to the Veterans Memorial Park Advisory Board, with term expiring December 31, 2001; Barbara Schwam replacing Libby White, Gloria Sommer, and Elizabeth George to West Melbourne Public Library Advisory Board with terms expiring December 31, 2000; Ollie Olsen, Eleanor Munton, Richard Butler, and Mary Soares to Wickham Park Advisory Committee with terms expiring December 31, 2000; and Howard Wolf, David Bogenrief, John Mazziotti, Leonard Daye, and Timothy C. Jelus to Zoning Board of Adjustment with terms expiring December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

REPORT, RE: CHARTER AMENDMENTS CASE

Chairman Higgs instructed the County Attorney to advise the Board of what happened on Friday regarding the Charter Amendments case.

County Attorney Scott Knox advised the Board authorized his office to file an action for declaratory judgment seeking to determine whether or not the Charter amendments that were proposed by petition and presented to the Board last year were consistent or inconsistent with State law; there was a hearing on a motion to dismiss on Friday; the grounds for the motion to dismiss were the issue was not right for review by the court because there was no controversy and what the County was seeking was an advisory opinion from the court; the judge agreed with that position; and basically said the Board should first make the determination as to whether the amendments are valid or invalid, or consistent or inconsistent with State law before he would decide the issue. Mr. Knox stated if the Board decided contrary to the validity of the amendments, some party would likely sue it, and the judge would see it again and make his decision; so that is what the ruling is at this time. He stated the Board has several options in view of that ruling; it could appeal the ruling; however, that would not address the substance of the amendments and would only seek a determination that the judge should have proceeded to determine the issue; and if the Board did win, the court would probably send it back down for a determination as to whether the amendments are valid or invalid. He stated that could take eight or nine months, and the Board would not be moving forward on determining whether those issues are valid or invalid; so that is not the best option. He stated a second option is to do what the judge said the Board should do which is determine the validity or invalidity of the proposed amendments; and another option is to seek a second legal opinion whether those amendments are consistent or inconsistent with State law. He noted if the Board decides to seek a second opinion, it should focus on the MSTU and bond financing issues because those are the ones that are the most suspect in terms of being inconsistent; however, the term limits issue would be one that it could raise in the context of whether the ballot language is sufficient to describe what is in that amendment. Mr. Knox advised another alternative is to prepare an amendment specifically on term limits that would make it consistent with State law, because the Board has the authority to propose amendments to the Charter if it has a four-to-one vote. He stated the last option is to place the proposed amendments as they have been submitted to the Board on the ballot; the decision to place whatever amendments on the ballot has to be made in time for the November ballot; that is a requirement; so the Board has to decide if any of those amendments proposed by petition are valid. He stated the Board could call an earlier special election if it so chose to, but that is not required.

Commissioner Voltz inquired why it would be placed on the November ballot and not the March ballot; with Mr. Knox responding by the Charter, it has to be placed on the November ballot at the latest, but the Board can do it earlier if it wants to.

Chairman Higgs advised Micah Savell left a card with comments, but those comments are not read into the record; and called the next speaker.

Michael Moehle, President of Citizens for Constitutional Property Rights, advised the County Charter, like the Federal and State Constitutions, is a document which limits power of government in favor of the people of the County; Article 1.1 of the County Charter states, "Brevard County shall be a home rule charter county and except as may be limited by this home rule charter shall have all powers of self government granted now or hereinafter by the Constitution and laws of the State of Florida." He stated Article 1.3 states, "The powers granted by this home rule charter shall be construed liberally in favor of charter government. The enumeration of certain rights and powers in this charter shall not limit, deny or disparage the right of the people of Brevard County to the fullest measure of home rule authority allowed by the State Constitution to the citizens of charter counties." He stated those seem clear that the intent of the Charter is to establish, whenever there is a question regarding the authority to do something, that the question is decided in favor of the citizens of the County and not the Board.

Mr. Moehle advised the Charter also states that the Commission shall place the amendments on the ballot; and it does not say anything else. He stated Section 5.4, also referred to as the "tax cap amendment," is subject to the same arguments with regard to legality and constitutionality that the County Attorney has cited the proposed amendments violate; there is an amendment on the limitation on issuance of bonds requiring referendum for bonds which exceed $15 million; all the proposed amendment is doing is changing that $15 million to zero; so if the Board decides the proposed amendments are illegal or unconstitutional, it is also deciding those existing provisions of the Charter are illegal and unconstitutional. He inquired if after the Board disposes with the amendments, would the next step be to refuse to abide by the Sections of the Charter based upon the same grounds that they are illegal and unconstitutional, therefore it is not required to abide by them. He stated if the word "is" can be subject to interpretation, then almost any legal language can be subject to legal interpretation; the best argument the County Attorney has is the language in Florida Statutes Section 125.01(r) which states that a referendum shall not be required for levying of any taxes; prior to 1978, referendums were required by the State; however, in 1978, the Legislature passed a law which amended that to include the language that the County Attorney has cited. He stated the Supreme Court has said the intent of the Legislature in enacting the recent amendments to Chapter 125 was to enlarge the powers of counties to home rule to govern themselves; and even though it says the State is not going to require a referendum, that does not mean that the people within a county cannot require a referendum. He noted Mr. Knox's interpretation regarding that issue is just one interpretation; others do not agree with it; and the judge did not agree with his interpretation on other matters on Friday; and he is incorrect with regard to this matter as well. Mr. Moehle stated as far as the ballot summary language goes, he will quote from the Supreme Court of Florida, "In order for a court to interfere with the right of the people to vote on a proposed constitutional amendment, the record must show that the proposal is clearly and conclusively defective. The ballot title and summary language for the proposed amendment must state in clear and unambiguous language the chief purpose of the measure." He stated the Board needs to put those amendments on the ballot as the people of the County have asked; 16,000 petition signers have asked that be done; and the proposals are legal, and not clearly and conclusively not legal; so the Board has a duty to put them on the ballot.

Lillian Banks advised the term limits amendment simply states to qualify to run you could not have served two terms; so it is very clear that any Commissioner who has served two terms is not eligible to run. She stated the MSTU amendment asks the Board to go to the people to approve its spending and bonding; and inquired why is that a stumbling block, since it went to the people for the fire and police referendums and did not have a problem, and also for the gas tax. She stated the Charter already limits bonding; the amendment just changes the amount; they will allow more people the opportunity to participate and be involved in their government; so there should be no problem putting them on the ballot to settle it. Ms. Banks stated there are people who are interested in the amendments besides the Home Rule group; the 200 people who attended the hearing last Friday should be good enough evidence; and they cannot all be here today because they are working to pay their taxes.

B. B. Nelson advised the Commissioners all took an oath of office to uphold the laws of the Constitution of the United States, State of Florida, and the County; and the people are asking that they all abide by that oath. He stated the First Amendment of the U.S. Constitution gives the right of the people to petition their government; the Home Rule Charter Committee led a group of 16,000 people to petition their government and ask that the items be put on the ballot; over 15,000 of those people were certified by the Supervisor of Elections; so they have petitioned the Board legally and complied with the U.S. Constitution, State law, and the County Charter. Mr. Nelson stated the 16,000 people are asking the Board to put the amendments on the ballot and let them vote; they are not asking the Board to approve or disapprove the amendments; they want to vote and make the decision; and that is the way it should be. He stated the Charter says the Board "shall" do it; it does not say "maybe"; attorney's opinions can be obtained on almost anything; the Board needs to take action; the amendments were received by the Board in plenty of time to be put on the March Presidential Preference Primary; and that is what it should do. He stated the amendments were certified, accepted, approved, and delivered to the Board in proper form; and 16,000 citizens have asked the Board to put them on the ballot for the March Election.

Dolores Kane read Article VII, Section 12, of the Constitution, as follows: "Counties, school districts, municipalities, special districts, and local governmental bodies with taxing powers may issue bonds, certificates of indebtedness, or any form of tax anticipation certificates payable from ad valorem taxation and maturing more than 12 months after issuance only, and (a) to finance or refinance capital projects authorized by law and only when approved by vote of electors who are owners or free holders therein not fully exempt from taxation." She requested the Board take that into consideration. Ms. Kane stated Article VII, Section 1(g) states, "Counties operating under county charter shall have all powers of local self government not inconsistent with general law or with special law approved by vote of the electors. The governing body of a county charter operating under a charter may enact county ordinances not inconsistent with general law. The charter shall provide which shall prevail in conflict between county and municipal ordinances." She stated she is curious about the unconstitutionality part; and thinks the real question is whether the electorate is going to vote on those issues. She stated they do have a right to petition their government; the electorate of Brevard County is intelligent enough to understand the issues when explained to them; and if the issues are not placed on the ballot, the petitioners will have to go to court to enforce them and fight the bottomless pockets of government. She stated when people go to court they lose even if they win the case because of the cost, stress, and time involved; and she does not believe the framers of the Constitution envisioned that. She stated citizens should not have to go to court to enforce their petitions which is a right granted in the Constitution and in the County Charter.

Jim French advised he would like to focus on Mr. Knox, County Attorney. He stated attorneys have a very low standing in the public; the reason is they are hired guns who present the position given to them to advance; and it is not a question of principle, belief, or even the reality of law. He stated if it looks like a jury can be swayed, if it looks like a decision can be gotten under any pretext, they would advance that argument; however, one would hope an attorney who takes on the duty of county attorney would be someone who would try to arbitrate and be a little more above the cut of everyday argument, and someone who would try to keep the people's interest at heart. He stated in this particular case, 16,000 people brought forth a petition put together by folks who did everything possible; the attorney's office was in on it; and Mr. Knox was in on it at the early hearing of the petitioned amendments when the Charter Review Commission looked at them two years ago. He stated when the Charter Review Commission brought forward the items, and they were not allowed and not put on the original ballot for voting two years ago, they seemed all right at that point; the County Attorney's opinion was requested at that time; and what he saw last Friday was someone arguing very weak and spurious arguments on behalf of the position that was against 16,000 petition signers; and it made him realize that rather than having someone who tries to be an arbiter and speaks on behalf of the best interest of the people, he is someone who is simply carrying water for whatever the current viewpoint by whatever particular power group has the greatest thing to say at that moment in the County hierarchy. He noted it is always difficult when you work for a bureaucracy and represent theoretically the people; at some point you get to where you are more concerned with representing and being nice to the person who actually signs your paycheck, not to the people who ultimately pay for all that; and after many years of service, your interests become inseparable with what you view the County's interests to be, and the people eventually take second place. Mr. French stated from his personal viewpoint, whenever he hears something from Mr. Knox, his view will be that the opinion is simply subject to the prevailing wind that happens to blow off a particular Commissioner or a particular bureaucrat, and whatever the thought power pressure was brought to bear at that time. He noted one may say he is being unfair, but he is not in a sense being unfair if he is saying rather than the higher standard of an arbiter, someone who is working at a level that would cut across and try to balance the opinions, he is more like the traditional attorney who is simply there for whoever is willing to pay and push his buttons at that point. He stated the three issues should be on the ballot, should have long since been placed on the ballot, and should be voted on in March.

Chairman Higgs stated Mr. Knox would want to respond, but she would like to give everyone an opportunity to be heard first.

Ray Olinger advised in 1994, the people of Brevard County by their vote of over 61% approved the charter form of government under which the Board is supposed to operate; under the Charter, the people reserved to themselves the power to put referenda on the ballot which if approved by the vote of the people would become law; and the Charter states very clearly that when requirements of putting a referendum on the ballot had been met, and they have been met in this case, that the Board "shall" put the referendum on the ballot. Mr. Olinger stated the Charter does not call for the Board to be a court of review over the will of the people as expressed in the three referenda; and if the Board does not put the three referenda on the ballot, it would be stepping beyond the Charter in an exercise of raw political power and acting against the will of 16,000 Brevardians who by their signatures on petitions have demanded that the referenda be put to a vote. He stated if the Board does not put the referenda on the ballot, it would be gutting the people's Charter; and urged the Board to put the three referenda on the ballot at the next countywide election on March 14, 2000.

Bart Reiter, member of CCPR, stated the reason there are groups like CCPR is because in the past the Board of County Commissioners, not necessarily the present Board, has in many ways legislated things that have trampled on some of their Constitutional rights. He stated at the hearing Mr. Knox brought up many issues about State law and maybe something did not always go with State law; in 1988 there was no open container law, and people could drive around in a car with an alcoholic beverage and if they were not drunk it was fine; there have always been laws in this great Nation, such as the Jim Crowe laws; there were women would could not vote for a long time; and inquired if they were right or wrong. Mr. Reiter stated the Board cannot hide behind "it does not jive with State law"; State law can be wrong; there is something called Kayla's law to make up for little loopholes that let children get killed by abusive parents; so the State law issue is a cop-out. He stated the Home Rule Charter Group had to use their own money to fight for this point; all Commissioners are paid to do their jobs at more salary than most people he knows; and all of a sudden, when the issue of term limits came up, there was legal wrangling, with Commissioners fighting for their political lives and to keep that annual salary. He stated there is a hierarchy going on which is not right; and he is appalled that there has been so much misinformation and trying to use this excuse and that excuse. He stated the President of the United States has term limits, so why not the County Commissioners.

Martin Lamb stated Mr. Knox is simply an employee of the Board and the Board should bear the burden; it is unfair for Mr. Knox to bear the burden alone; the Board has the right to hire him or fire him; but the fact is he does not represent him or any of the other people here. He stated he represents the Board; it was the Board's task to see those items placed on the ballot; they should have been placed on the ballot long ago; and this is just legal rambling to buy a little time. He stated he was on the Charter Review Commission and knows the Charter completely; the three amendments are things the people have requested; and it is wrong for the Board to deny that request. He stated that is the only way for people to change government or change the laws; when the fire fighters tax issue came up it was put on the ballot; the Board gave them $20,000 to convince people they should vote for it; and apparently there was nothing wrong with that. He stated when the Sheriff's issue came up, he was given $20,000 also to spend to convince people to vote for the tax; the people deserve the opportunity to vote on those three issues; there is no question about the validity of those issues; but he believes the Board will come up with good reason why there may be a question through the judicial system. He stated if they argue long enough the people will not have an opportunity to vote; he hopes the Board will see that they deserve the right to vote; that is all they are asking for and worked hard to achieve it; and now they are going to be denied because of the Board. Mr. Lamb stated he was called and told the Board received its instructions from the Florida TODAY this morning on the Editorial page; Pam Platt told the Board what to do; he always asked the question who is running who, the Board running the paper or the paper running the Board; and today they will find out. He stated the Board will either do what the people requests or do what Pam Platt has instructed it to do.

Charles Moehle agreed with all the previous statements; and stated the people have demonstrated and the courts have agreed that it is the Board's decision whether to defy the people or give them the opportunity of the ballot box. He stated nobody knows how the issues will come out; that is not the issue here; the issue is defiance of the people's desire to vote on it; and it is not whether they are right or wrong. He stated it is the issue of being able to express their opinions to direct the policies they want the Board to carry out as their employees of the County; the courtroom was packed by citizens for good reason; the people are interested and watching what the Board is doing and whether it is going to continue, in many of their minds, to defy what direction they indicated to the Board; they have demonstrated by an overwhelming and extraordinary effort to give the Board a message; and the voters of Brevard County will remember what the Board does here today. He stated the Board needs to place the items on the March ballot and let the people vote.

RESOLUTION, RE: AUTHORIZING ISSUANCE OF CONSTITUTIONAL FUEL TAX REVENUE BONDS, SERIES 2000

Commissioner Scarborough advised the gas tax bond is proposed for sale on the Internet at 11:00 a.m.; Financial Advisor Tom Holley is here; and inquired if there is a time critical situation to approve the bonds before that time.

Chairman Higgs stated it should only take a few minutes to take action on the bond issue, then return to the Charter Amendments issue.

Financial Advisor Tom Holley advised the County sold bonds through competitive bid process, but in this millennium, they decided to put it on the Internet where someone can buy the whole issue or people can buy separate units. He stated this is the first time the County has attempted to sell bonds on the Internet; it is to build roads in the County from gas tax and not property tax; and they hope to raise $39,000,000 for the projects.

Commissioner Voltz inquired if bonds have been sold on the Internet before; with Mr. Holley responding yes Volusia County did it for its new justice center and it was very successful; and Fort Lauderdale and Naples area did it also. Commissioner Scarborough stated it will expand the number of bidders and lessen the interest rate.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution authorizing the issuance by Brevard County, Florida, of not exceeding $44,000,000 in aggregate principal amount of Constitutional Fuel Tax Revenue Bonds, Series 2000 to finance a portion of the cost of certain transportation improvements within the County; pledging monies received by the County from the State Board of Administration of the State of Florida from the Fuel Tax Collection Trust Fund to secure payment of the principal of and interest on said bonds; authorizing the Chairman of the Board of County Commissioners and the Clerk or Deputy Clerk of the County to award the sale of such bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds; ratifying the form of a draft Notice of Sale, Bid form, Summary Notice of Sale and Preliminary Official Statement; authorizing and ratifying the circulation of a Preliminary Official Statement; authorizing the Chairman of the Board of County Commissioners to deem final the Preliminary Official Statement for purposes of Securities and Exchange Commission Rule 15C2-12, and authorizing the execution and delivery of a Final Official Statement; approving the form of and authorizing the execution and delivery of a Continuing Disclosure Undertaking; designating the Registrar and Paying Agent for said bonds; providing certain covenants for the benefit of the bondholders and bond insurer as an inducement to issue a Municipal Bond Insurance policy with respect to the bonds; providing for the rights of the holders of said bonds; and providing for an effective date for this Resolution. Motion carried and ordered unanimously.

County Attorney Scott Knox advised anyone who has worked with him in his capacity as County Attorney knows, and Mr. French is not one of those individuals, that he tries to call legal issues the way he sees them; the reason is there are five Commissioners with five different philosophies and backgrounds; there is no predicting what any Commissioner is going to say on any given issue; so he tries to call out objectively and let the chips fall where they may. He stated he has called things in the past that sometimes the Board did not like; but he tries to be objective; and as far as the Charter amendments go, he called them as being unconstitutional and still thinks they are unconstitutional. He stated they were not constitutional when they were brought to the Charter Review Commission, and he said that to the Charter Commission; the Commission failed to pass them on for consideration at the original ballot; a suit was filed by the same individuals who sponsored the same amendments this time; and they were unconstitutional when they went before Judge Jackson who declined to issue an injunction making the Board place those items on the ballot in November, 1998, and they are still unconstitutional now. He stated they were unconstitutional when the Board asked for his opinion on them this time; they will be unconstitutional when he goes before a judge, if that is what happens, to argue the merits of the amendments; it has been his position consistently; nothing has changed; there is nothing political about it; it is strictly his legal opinion; and others are free to disagree with it. Mr. Knox advised as far as the Board's duties relating to the amendments, he finds it ironic that someone would say the Board has a duty to place unconstitutional amendments on the ballot in view of the fact that a judge just ruled three days ago that it has a decision to make; the decision is whether the amendments are constitutional or not; the judge said it is the Board's obligation to make that decision before things go on the ballot; so for someone to say the Board now has a duty to place those items on the ballot contradicts a circuit court judge who has decided that is not the case. He stated the Board has to decide at the onset whether they are valid amendments.

Chairman Higgs advised she was at the hearing also, and what she heard from the judge is that the Board has to decide whether or not it thinks the proposed amendments are constitutional; the Board tried to get a judge to tell it that as they are the experts in judicial matters and law; but the Board did not succeed in getting that opinion and the judge said it was not ready for a declaratory judgment because there was no conflict. She stated the Board has to create a conflict if it chooses to do so, but clearly the judge said it was the Board's job to determine whether or not those amendments are constitutional.

Commissioner Carlson advised she would like to propose several motions for discussion, but first wants to confirm she supports the rights of citizens to petition their government and appreciate the significance of 16,000 voters signing a petition; but as an elected Commissioner she is legally and morally required to comply with the State Constitution, the Brevard County Charter, and State and County laws. She stated in order to move forward with the items, they need to be separated, so she would like to consider term limits first. She stated it is unfortunate that the ballot language on that amendment does not include an effective date; voters will not know how and when term limits will be implemented; when the State term limits were placed on the ballot as a Constitutional amendment, it was clearly stated when and how it would take effect; and voters knew what they were voting on. Commissioner Carlson advised it will be easy to fix the problem and still accommodate the intent of those voters who signed the petition; so she will make a motion regarding term limits.

Motion by Commissioner Carlson, to authorize the County Commission to place a clarified Charter amendment on the ballot in the General Election in November, 2000, which would allow voters to approve or reject term limits for all County Commissioners and Charter Officers by using the language that was similar to the State Constitutional amendment referendum on term limits which aptly put in Michael Moehle's Memorandum of Law.

Commissioner Scarborough stated he understands when something comes to the Board from the Charter Commission or by petition, the Board does not have the option to amend the language; with Mr. Knox responding the Board does not have the option, but it has an option to adopt its own amendment which would clarify the ambiguities that are in the one proposed to it, but at the same time it has to reject the proposed amendment. Commissioner Scarborough inquired if the Board would be rejecting the Home Rule Group's amendment and substituting its own; with Mr. Knox responding that is correct.

Chairman Higgs seconded the motion for discussion.

Commissioner Voltz stated she will not support the motion because it is not what the 16,000 people intended; the intent was retroactive term limits; and according to them that was very clear. She stated the Board requested an opinion from a judge; that opinion said it is the Board's responsibility to make a decision; however, it is also the Board's responsibility to look at what the 16,000 people requested. She stated whether the Board agrees with them or not is not the issue; it cannot ignore 16,000 signatures; the Group's intention was to have it on the March ballot; and that is not going to be an easy decision for some of the Commissioners. Commissioner Voltz advised, regarding bonds, there is another way to do business; people may have to sit in traffic, moratoriums may have to be placed on building, services can be cut, but there is another way; and it should be up to the people of the County to decide how they want to run the business of Brevard County. She stated the same goes for the MSTU issue. She stated she did not read the newspaper and has no idea what Ms. Platt said; the Board can trust the residents of Brevard County to make the right decisions; so it needs to let them vote on the amendments. Commissioner Voltz stated the Board could argue over attorneys' opinions and keep this issue in court forever, but that will not serve any purpose and negates what 16,000 people requested; therefore, she would like to make a motion to place all three issues on the ballot in March, 2000. She stated the Board needs to remember that 16,000 people requested it; and if the Board does not vote in favor of letting the people decide, then it would actually be voting on its own term limits. She stated she cannot say whether they are constitutional or not, but the Board should let it go to the people and let them decide.

Chairman Higgs advised a motion is already on the floor, so the Board would have to come back to Commissioner Voltz's motion.

Commissioner Carlson advised Mr. Moehle's Memorandum of Law, page 9, says, "This amendment shall take effect on the day it is approved by the electorate, but no service in a term of office which commenced prior to the effective date of this amendment will be counted against the limit in the prior sentences." She stated that is what she meant by an effective date.

Chairman Higgs advised the Board has to take some action; and if someone wants to further clarify the constitutionality of its action, it goes from there; so the Board is in a position of having to make a decision. She stated if the Board wants the people to make a decision, then it should not exclude 40% of them by putting it on the ballot in March; it should be put on the ballot in November when 70 to 80% of the people will vote as opposed to 30 to 40%; so if the Board is talking about allowing maximum amount of citizen participation, it should look to the November General Election. Chairman Higgs stated if she is on the ballot in November, the people in District 3 have the opportunity to impose a term limit on her right then; so her ability to continue in this job is the decision of the citizens of the County. She stated to clarify the amendment and put it on the November ballot is the right and fair thing to do; it gives more people the opportunity to vote; and that is the best scenario in this situation.

Commissioner Voltz stated personally she does not support term limits; the people of the District should decide the term limits of Commissioners; and whether or not a Commissioner is doing a good job, they should be able to get rid of that Commissioner if they want to; however, she believes the people need to have the right to vote on whether or not there should be term limits. She stated regarding March versus November, in the 1992 and 1996 Presidential Primaries there were primarily Republican candidates; this year there will be both; so there will be a much better turnout than 41% or 23% respectively, and could be as much as the General Election.

Commissioner Scarborough inquired if the judge indicated it is not at a point where he can hear it yet; with Mr. Knox responding that is correct. Commissioner Scarborough stated so the judge did not rule on it and just said he is not going to rule on it in that format. Mr. Knox stated the judge did not say the MSTU or bond financing amendments were valid or invalid, he just said he cannot decide that right now. Commissioner Scarborough stated in fact the judge encouraged the Board to make decisions on whether it is or is not; with Mr. Knox responding he did not only encourage the Board to make a decision, he said that was its job. Commissioner Scarborough stated as a prerequisite to Commissioner Carlson's motion, the Board would have to reject what has been proposed by the Group based on Mr. Knox's legal reasoning because the Board cannot reject it unless there is some reason to reject it. He stated to put something on the ballot that is different from the language submitted would be amending their language rather than putting a new item on the ballot; and the only way the Board can put a new item on the ballot is to first make a legal determination to reject the amendment proposed by the Group. Mr. Knox stated the clear and definitive way to do it is to reject the existing proposed amendment first then if the Board wants to, put its own amendment on the ballot. Commissioner Scarborough stated the other issue is the March or November elections and that should be independent of the term limits. He stated he would prefer to vote on a motion to reject like the judge said it could, then move to approve the Board's language then to a subsequent motion as to when it should be on the ballot. He stated that should be the sequence. Mr. Knox stated the judge will need a clear understanding of what the Board has done and what it decided, and the way to do that is through a series of motions. Commissioner Scarborough stated if the community is happy with the way it is proceeding, they would not have to take it back to court; but if they are dissatisfied, then the judge could say he will hear it.

Commissioner Carlson inquired what would be the best way to approach it; with Mr. Knox responding Commissioner Carlson could withdraw her motion and start over again.

Commissioner Carlson withdrew the motion.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to reject the language of term limits as proposed by the petitioners due to the misleading and ambiguous nature of the language.

Commissioner Voltz stated she does not think the Board has the legal right to reject the proposed amendment; and when the issue came up originally, Mr. Knox said the Board should place it on the ballot; and if there was ambiguity involved with it, it would be up to the Commissioners affected to take it to court after-the-fact. Mr. Knox stated if the Board decides to put it on the ballot as is, that is what could happen; at this time it is not on the ballot; and his opinion was that the language of the ballot summary, which is what the people would vote on and actually see, is inconsistent with the amendment that is proposed. He stated if the amendment is read to be retroactive in application, which is what the proponents contend it is, the ballot language does not tell the voters that is the effect of the amendment. Commissioner Voltz stated when those people signed the petition, they were told that it would be retroactive, so they all knew it was going to be retroactive; therefore, if the Board rejects those 16,000 signatures it is doing a disservice to 16,000 voters.

Chairman Higgs advised she was presented with the amendments in front of the Post Office and they were not explained to her that it would be retroactive or not retroactive; looking at Florida law as she read it both in the brief by Mr. Jester and Mr. Knox, then it is prospective in application; but if the intent was retroactive, the language is not clear; and that is the argument.

Commissioner Carlson advised the voting public will only see the ballot language; they do not see the petition language; and that is where it is misleading and ambiguous. She stated for the 16,000 who may have been told, there are a lot more voters that are going to be misled; and it is the duty of the Board to make sure they are not and that it clarify the language. Commissioner Voltz stated she would like to get a copy of the actual ballot language; with County Manager Tom Jenkins responding he will get a copy. Commissioner Voltz recommended a break so Mr. Jenkins can get the ballot language and she can read it before making a decision.

The meeting recessed at 10:31 a.m., and reconvened at 10:49 a.m.

Chairman Higgs inquired if Commissioner Voltz who had the floor before the break wished to make additional comments.

Commissioner Voltz advised the ballot language says, "Shall the Brevard County Charter be amended to provide that a County Commissioner shall not serve more than two consecutive terms?" She stated that is clear that they shall not serve more than two consecutive terms; and Mr. Knox originally suggested it would be up to the Commissioners to challenge the outcome of an election on that particular issue.

Mr. Knox advised what he said was that if the language is put on the ballot and goes forward and is voted upon and passed, then the County no longer has standing to make any challenge of the amendment and it would be up to individual Commissioners to worry about it if it was passed after it was placed on the ballot; however, it is not there yet. He stated the Board is still making a decision as to what it is going to put on the ballot; and the problem with the language is it does not say when to start measuring two consecutive terms; does it apply to sitting Commissioners; does it apply after the election takes place to any newly elected official or Commissioner; and when does it apply are the questions. He stated it does not explain when it kicks in and when it takes effect; and that is the problem with it. Mr. Knox advised anyone coming into the voting booth is only going to see that language; they may assume it is going to apply after the amendment is adopted or assume it is going to apply retroactively to sitting Commissioners; so there are two different possible assumptions; and because of that it is ambiguous. Commissioner Voltz inquired if the Board could put language on there that says it shall be retroactive; with Mr. Knox responding there are two alternatives; the first step would be to reject this particular amendment as proposed and the ballot language as proposed; the Board, as an alternative can submit its own proposed amendment which could either be prospective or retroactive. Commissioner Voltz inquired if it could put both on the ballot; with Mr. Knox responding no, it has to have one or the other because it has to decide whether it is going to be prospective or retroactive. He stated the Board cannot create confusion in the voter; they have to vote on one or the other; the Board can make it retroactive and make it clear as retroactive; and put the ballot summary down that says it is retroactive.

Commissioner Voltz stated Michael Moehle had something on this amendment being consistent; and inquired if he could explain that to the Board .

Mr. Moehle stated the County Attorney already stated his opinion that the summary language is ambiguous as to the prospective or retroactive application of the counting of term limits; the actual text of the proposal as to the change to be made to the Charter is not; and it is clear that sitting Commissioners' previous terms would be included in the calculation. Mr. Knox stated he disagrees with Mr. Moehle because the language of Section 2.5 as proposed tracks the identical language in the Florida term limits amendment that was proposed back in 1991; and that amendment was proposed prospectively and not retroactively. Mr. Moehle stated he will get the Minutes of the September 28, 1999 meeting at which Mr. Knox said the language would seem to indicate that it is effective retroactively; with Mr. Knox responding no, he said it can be read to be retroactive or prospective; his point is if someone read the Florida term limits amended in 1991 or 1992, they would see identical language to what they see in the proposed amendment with one exception; there was a second provision that said it applies prospectively making it clear that it was prospective in application; so anybody who looked at the language today and remembered back to 1992, could potentially say they voted for a prospective amendment using the same language used in 1992; he thinks it is prospective; and that is where the ambiguity comes in. Mr. Moehle stated the last sentence in the actual change says it will be effective; and inquired if someone could read it. Mr. Knox read, "If by the end of the current term of office, the person would have served. . .as a County Commissioner for two consecutive terms. . ."; and inquired if that is what Mr. Moehle is referring to; with Mr. Moehle responding yes. Mr. Knox stated that was in the original Florida term limits amendment also, but it was applied prospectively and not retroactively. Mr. Moehle stated it had language of how it would apply. Mr. Knox stated that is right, and that is why the proposed amendment has a deficiency because it does not make it clear one way or the other.

Commissioner Voltz stated if it goes before the people as is and gets turned down, it would not matter whether it was retroactive or prospective; and if it passes, then the Board can decide what it wants to do about it. Mr. Moehle stated it is the same amendment that went before the Charter Review Commission and drafted by its attorney; and there is an opinion letter from the attorney stating the language is clear as to the retroactive application of counting the term limits. Commissioner Voltz stated that is what she referred to regarding difference of opinions among attorneys; and it does not mean one is wrong and the other is right, it just means that there is a difference in opinions. Mr. Knox noted there are two sides to every issue. Commissioner Voltz stated Mr. Knox is the County Attorney and does what the Board asks him to do; and his opinion is biased to the Board since it pays his salary. Mr. Knox stated he understands the Board pays his salary, but he disagreed with the Charter Commission's attorney when he first drafted the language, so this is not a new dispute. Commissioner Voltz stated the Board should not reject 16,000 signatures for the term limit amendment.

Commissioner Carlson stated she does not want to reject 16,000 petitioners' signatures either; but the real issue is the misleading and ambiguous language as the County Attorney specified, She stated there is no where on the ballot or the petition that the individuals signed that said it was going to the March 2000 election; and unless it is more devious than she thinks, there is no reason to withhold a larger vote by the general population by not going to November. She stated it will still attain what it wants to attain and not ignore 16,000 voters; and that would be a more fair and just way to approach it. Commissioner Voltz stated it is rejecting 16,000 voters because what those people want is retroactive term limits; that has been very clear to the Board; and she understands it will affect a couple of members, and it would be difficult to argue pro or con; but if it does not pass it is a done deal, and if it passes the Board would have to decide then what it wants to do. She inquired if the Board could go before a judge for an opinion after the election; with Mr. Knox responding no, once it passes, the Board would be stuck with it. Commissioner Voltz stated then it would be up to Commissioners Scarborough and Higgs to take it to court; with Mr. Knox responding right, because the Board would have no standing at that point. Commissioner Voltz stated the Commissioners would and could go to court to get exactly what the amendment means. Chairman Higgs stated it would be a difficult position to put the voters in as well as her because if Commissioner Scarborough is re-elected and the term limit passed by the voters, there would be confusion of whether or not he could take office; and that would be unfortunate. Commissioner Voltz stated that is why it should be done in March so there is time to make a decision.

Commissioner Scarborough stated what Commissioner Voltz is saying is that it would occur in March, but he may qualify to run in March; with Commissioner Voltz responding he does not have to qualify until July. Commissioner Scarborough stated well, if he qualifies in March and proceeds with legal action stating because of the ambiguity he can be put on the ballot; they proceed through an election; and people would not know whether or not he is a valid candidate. Commissioner Voltz stated the opinion from a judge could be done before that. Commissioner Scarborough stated he would not know whether there is an issue until the people vote it in; and with a question of ambiguity, Commissioner Voltz is saying he has a valid course of action if he wanted to qualify in mid-summer; but simultaneous with qualifying, he would be compelled to file a lawsuit to determine whether he is going to be validly placed on the ballot. Commissioner Voltz stated if it is put on the ballot in March, Commissioner Scarborough would have several months to determine whether or not it is valid. Commissioner Scarborough stated his rights do not need to be determined until he actually goes in and qualifies which would be mid-summer. Commissioner Voltz stated Commissioner Scarborough could go to court to determine whether or not he can qualify before July 15, 2000. Commissioner Scarborough stated nobody can compel him to qualify earlier than anyone else; with Commissioner Voltz responding that is true, but he has a right to go before a judge and inquire if he can qualify. Commissioner Scarborough stated he could if he wanted to, but there is no prerequisite that decision would be made before July; so it could disrupt the whole voting on the District 1 seat because simultaneously with his running would be the issue whether he could run; and it would move to the Primaries in September to see who is on the ballot and who is not on the ballot; and three days before his name is on the ballot, the judge says his name should not be on the ballot; but the ballot is already printed; and inquired what is the electorate supposed to do, and how would they reprint the ballot in that time period. Commissioner Voltz stated she sees it done ahead of time; the Board got its hearing in January; judges know exactly what has to happen and what has to take place; therefore, that probably would not be an issue. Commissioner Scarborough stated he would like to think it would run smoothly through the judicial system; but he cannot say when something will be heard in the courts and whether it would be in a timely manner. He mentioned the landfill injunction taking several months; and Commissioner Voltz commented there was no pressing issue on that. Commissioner Scarborough commented others would disagree .

Commissioner Carlson called a question on the motion. Chairman Higgs instructed Commissioner Carlson to restate the motion. Commissioner Carlson stated the motion is to reject the language provided regarding term limits, with justification being misleading and ambiguous language.

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

Mr. Knox inquired if the reasoning is applicable to the amendment and the ballot summary; with Commissioner Carlson responding yes.

Motion by Commissioner Carlson, to place a clarified Charter amendment on the ballot in the General Election in November 2000 which will allow voters to approve or reject term limits for all County Commissioners and Charter Officers, using the language used in the State Constitutional Amendment Referendum on term limits.

Commissioner Scarborough requested clarification; with Commissioner Carlson responding the motion would be with a condition that Mr. Knox come back under Reports and give the Board the ballot language. Chairman Higgs stated it should not be under Reports and should be an agenda item. Chairman Higgs stated the motion is to direct the County Attorney to draft appropriate language and bring it back to the Board; with Commissioner Carlson responding based on the State amendment layout.

Commissioner Scarborough stated he will second that motion.

Chairman Higgs inquired when will the language come back to the Board. Commissioner Carlson inquired if it could come back next week; with Mr. Knox responding he has a four-day trial next week, but will try to get it to the Board.

Commissioner Scarborough stated people have spent a lot of time on this issue and need an opportunity to see it and review it and have their attorney look at it; and bringing it back in one week is not going to afford them that opportunity. He stated after Mr. Knox has the product, it should be made available to the community at least a week in advance. Mr. Knox stated he will draft the language and have it distributed to the Commissioners as quickly as he can do it and leave it to their discretion as to when they want to put it on the Agenda.

County Manager Tom Jenkins recommended the first meeting in February; with Commissioner Carlson responding that would be fine. Commissioner Scarborough noted he does not want it going out to the community the Saturday before a Tuesday meeting; and stated it should get out in enough time for review.

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

Commissioner Carlson advised the Board dealt with term limits; the other issues are borrowing money and creating taxing district which present more difficult problems; the County Charter Section 1.6 states, "The provisions of this Charter are not intended and shall not be construed to conflict with the Constitution of the State of Florida, General law, or special law approved by the voters of the electorate." She stated Section 7.3.1 states, "Amendments to this Charter not inconsistent with the State Constitution or General law may be proposed by petition"; the County Attorney has given an opinion that those two amendments are in conflict with the State Constitution and General Laws of Florida; and it would be helpful if the Board could confirm that legal interpretation, but the Attorney General does not rule on local issues and has declined to give a legal opinion at this time. Commissioner Carlson stated while the Board wants to respond to the petitioners, she does not know how it can in good conscience proceed with those proposed amendments if they are unconstitutional and in conflict with General Law. She stated Judge Holcomb ruled that the Board has the responsibility to make such determinations; the County Attorney's reading of the Charter also confirms that; so she would like to offer a motion to refer those two proposed amendments to another attorney, Alan Watts, who drafted the original Charter document for his legal review of the issues. She stated Mr. Watts is a highly respected legal authority on charter government in Florida; it would give the Board an additional legal opinion on the matter in determining how to proceed; there will be plenty of time to place those on the ballot in November if the Board chooses to do so; and she would like to include Mr. Moehle's comments along with that, to have Mr. Watts review those as well.

Motion by Commissioner Carlson, to refer the proposed amendments on borrowing money and creating taxing districts to Attorney Alan Watts, and include Michael Moehle's comments.

Commissioner Voltz inquired if Mr. Knox and Mr. Watts disagreed; with Mr. Knox responding no, Mr. Watts was the attorney who worked on the original Charter; and Mr. Galbreath, who worked on the revisions, was the attorney he disagreed with. Commissioner Voltz inquired if Messrs. Knox and Watts agreed on the issues; with Mr. Knox responding no, Mr. Watts was not consulted on the proposed revisions. Mr. Jenkins advised Mr. Watts worked on the original Charter and Mr. Galbreath was the attorney for the Charter Review Commission that convened several years later.

Commissioner Scarborough inquired if there is a time frame when the Board would get something back from Mr. Watts; with Commissioner Carlson responding Mr. Watts has not been officially approached to ask him that, but she would assume approximately 30 days. Commissioner Scarborough stated he would like to pursue that thought process; and if the Board proceeds with it today, Mr. Knox can call him to get a time frame and what services he could render. He noted there is no desire to keep the issues out there any longer.

Commissioner Scarborough seconded the motion.

Commissioner O'Brien stated he has a problem with the motion of going to an attorney who knows all about the Charter and has a tendency to be favorable to Mr. Knox's opinion; and inquired if that sounds right; with Mr. Knox responding Mr. Watts is objective; and they had cases together involving the Charter in the past, where Mr. Watts did not necessarily agree with him on all points. Commissioner Carlson stated it is unfair to assume he would not be objective. Commissioner Voltz stated she would not want somebody to look at the issues who the Board knows will agree with Mr. Knox because it would be a waste of money; with Commissioner Carlson responding it would waste time and not money. Commissioner Scarborough recommended asking for a completely objective opinion from Mr. Watts whether it agrees with the County Attorney or not; and that means it be independent of anything that the Board has heard previously.

Chairman Higgs advised she found the brief from the Home Rule Charter Committee attorney very interesting; and the Board is not precluding other interested parties from submitting information. Commissioner Scarborough stated his independence need to be reiterated and perhaps included in the motion that the Board wants an independent opinion.

Commissioner Carlson amended the motion to ensure that the opinion from Mr. Watts is an independent opinion.

Commissioner Voltz inquired if Mr. Knox could call Mr. Watts and let the Board know next week about how long it will take to provide an opinion; with Mr. Knox responding yes. Mr. Knox recommended the amendments be submitted to Mr. Watts with no materials whatsoever to let him decide based upon his experience. He stated the only thing he needs is a copy of the Charter and the ballot questions.

Michael Moehle recommended term limits issue, whether it is prospective or retroactive, be sent to Mr. Watts as well; with Commissioner Carlson responding she does not have a problem including that if it is the pleasure of the Board. Commissioner Scarborough stated he does not have a problem with it, and the Board could send that amendment as well.

Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered unanimously. Commissioner Scarborough recommended the County Attorney contact Mr. Watts and get a time frame of when he can respond if he will undertake the issues so the Board can let everybody know today.

REPORT, RE: HOGAN LANDFILL

County Manager Tom Jenkins advised he received notification this morning that the Department of Environmental Protection has begun excavating at Hogan Landfill in North Brevard and uncovered items buried in that landfill that are illegal and environmentally polluting; and it appears the Department of Environmental Protection will be proceeding with action against that landfill. He stated what that means he does not know, but it could be anything from penalties to closing it down, to mitigation to clean it up; and it remains to be seen how it will come out in the end.

Commissioner Scarborough stated they had the injunctive action on Saturday all day hearing and the County did well; the County Attorney did well in his presentation of that and should be complimented.

RESOLUTION, RE: FLORIDA LIVING MAGAZINE'S 1999 BEST OF FLORIDA AWARDS

Chairman Higgs advised the Resolution recognizes a number of places and people in Brevard County who have been acknowledged as outstanding in the State of Florida; sometimes we fail to recognize the wonderful things that are happening in Brevard County and they are recognized statewide; and it is also designed to tell people in the County the things that are here they may want to enjoy because there are a lot of newcomers and visitors. She read aloud the Resolution recognizing establishments selected for Best of Florida Awards.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution recognizing 1999 Florida Living Magazine Best of Florida Awards, including Cocoa Beach for second best beach, Titusville for third friendliest small town, Groucho's for best place to see live comedy honorable mention, Sebastian Inlet for third best saltwater fishing, Cocoa Beach for best saltwater fishing honorable mention, Long Point Park for third best campground, Turkey Creek Nature Center for first best nature center; Merritt Island National Wildlife Refuge tied for third as best natural attraction, Ron Jon's Surf Shop tied for second as most interesting highway sign or billboard, Dixie Crossroads in Titusville as third best conch fritters, Lone Cabbage Fish Camp as second best gator tail and Conchy Joe's in Cocoa and Melbourne tied for third as best gator tail, Bob's in Melbourne as third best bike store, and Ron Jon's Surf Shop as first best dive shop. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING JEFF GODWIN, DVM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution commending Jeff Godwin, DVM, for his exemplary and dedicated leadership as Chair of the Melbourne-Palm Bay Area Chamber of Commerce, and extending best wishes for every success in the future as he continues his community leadership activities. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING ZANAH CORNELL

Commissioner O'Brien read aloud a Resolution commending Zanah Cornell for over 15 years of dedication, leadership, and contributions to the citizens of Brevard County, and wishing her an enjoyable and happy retirement.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution commending Zanah Cornell for more than 15 years of dedicated public service. Motion carried and ordered unanimously.

Information and Communications Systems Director Gino Butto advised Tax Collector Rod Northcutt could not be here today, and on behalf of him, he would like to express appreciation for all the commitments Ms. Cornell has made.

Zanah Cornell thanked the Board, and stated she enjoyed working with the County and the people, and although they will be traveling, they will not forget Brevard County.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SIDE STREET SETBACK REQUIREMENTS

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, regarding side street setback requirements.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision II and Division 6, Subdivision I; specifically amending Sections 62-1340(5)(a), 62-1341(5)(a), 62-1342(5)(a) and 62-2123(a); 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 PERMIT MULTIPLE SINGLE-FAMILY RESIDENTIAL STRUCTURES ON A LOT OR PARCEL

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, to permit multiple single-family residential structures on a lot or parcel.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Sections 62-1371(1)(a), 62-1372(1)(a) and 62-1373(1)(a) to allow multiple single-family residences as a permitted use up to the maximum density limitation permitted by the Zoning Classification; amending Sections 62-1371(5)(a), 62-1372(5)(a), and 62-1373(5)(a) as they relate to spacing provisions for accessory buildings in these multiple-family classifications; adding Sections 62-1371(5)(f), 62-1372(5)(f), and 62-1373(5)(g) to specify spacing requirements for principal structures; adding Sections 62-1371(9), 62-1372(9), and 62-1373(8) to provide for ownership requirements for parcels in the multiple-family classifications; providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62 REGARDING ACCESSORY STRUCTURES AND GUESTHOUSES

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62 regarding accessory structures and guesthouses.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1102, Definitions and Rules of Construction, to clarify and add definitions for accessory structures, guesthouses, and kitchens; amending Section 62-1932, Guesthouses or Servants' Quarters, to clarify conditions; amending Section 62-1337, Suburban Estate Residential Use, SEU, Section 62-1338, Suburban Residential, SR, Section 62-1339, Estate Use Residential, EU, EU-1, and EU-2, Section 62-1340, Single-family Residential, RU-1-13 and RU-1-11, Section 62-1341, Single-family Residential RU-1-9, Section 62-1342, Single-family Residential RU-1-7, Section 62-1371, Low-density Multiple-family Residential, RU-2-4, RU-2-6, and RU-2-8, Section 62-1372, Medium-density Multiple-family Residential, RU-2-10, RU-2-12, and RU-2-15, Section 62-1373, High-density Multiple-family Residential, RU-2-30, Section 62-1402, Single-family Mobile Home, TR-1 and TR-1-A, Section 62-1403, Single-family Mobile Home, TR-2, and Section 62-1405, Single-family Home Cooperative, TRC-1, to delete prohibition on covering spacing between principal and accessory structures; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62 REGARDING FENCING AND BUFFERING REQUIREMENTS

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, regarding fencing and buffering requirements.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Brevard County, Florida; amending Section 62-2109 relating to fence height on residential lots where adjacent to commercial or industrial development or collector roads; amending Section 62-3204(g)(4) relating to landscape buffering as an alternative to masonry walls on commercial development where adjacent to residential lots or environmentally protected lands zoned GMC; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: EXCHANGE OF PROPERTY WITH ATLANTIC RIDGE CORPORATION FOR PROPOSED REALIGNMENT OF OLD DIXIE HIGHWAY

Chairman Higgs called for the public hearing to consider exchange of property with Atlantic Ridge Corporation for proposed realignment of Old Dixie Highway. She advised that the applicant wishes no action by the Board.

Assistant Public Works Director Ed Washburn advised staff will readvertise the public hearing. Commissioner O'Brien inquired what will the County gain; with Mr. Washburn responding that is what they want the applicant to tell them.

The Board took no action on the exchange of property with Atlantic Ridge Corporation.

BOARD DIRECTION, RE: CODIFICATION OF BOARD POLICY ON ENFORCEMENT PROCEDURES

Commissioner O'Brien distributed a letter from Mr. Adamson to the Commissioners.

Jay Adamson advised in his last presentation he asked the Board to look at policies in interoffice memos that had been enforced for a long time, which it did, because he received the item from staff; however, he was surprised because it only addressed items pertaining to Code Enforcement; and he was told it would be a long time before they can get to all of them. He stated his reasons given to the Board in the previous packet not to have those remain in effect is still valid; they have no benefit to maintaining and preserving the communities in their highest standards; and taking something away from the Code or making an exception is not in the best interest of the communities. He stated decisions the Board made many years ago were made in good faith; but with more people making things proper in communities, the time has come to resort back to the Codes; and not take away from citizens who live in communities and are interested in maintaining them to high standards. Mr. Adamson stated he and his wife drove up and down their street and found sheds not more than two years old installed without permits; and he cannot see how that could have an effect on making things better in a community. He requested the Board rescind certain policies and go back to the original Code, and do not let things stay in place that would allow communities to become cluttered and littered, and deteriorate to a point that he has seen other communities deteriorate.

Chairman Higgs advised the issue before the Board is to determine whether it wants to include six items in the Code; and recommended they be considered separately, starting with (e).

County Manager Tom Jenkins advised (e) states Code Enforcement will not pursue building and site violations which have been in existence for five years or more; staff experienced a neighbor making a complaint against a neighbor for something that happened eight years ago; it is sometimes impossible to find records that far back to verify things; and staff could not prove that the person did or did not obtain a permit. He noted records today are more traceable than they were eight years ago.

Chairman Higgs inquired if the special master would review the evidence and make a determination based on what was presented; with Mr. Jenkins responding the Board could take that approach if it wanted to.

Commissioner Scarborough advised of the Hogan Landfill site when it was taken to the Code Board which found that Mr. Hogan had a right to improve his land; a scenario of a person running a little plumbing activity from his garage that expands; inquired if after approval people have carte blanche to continue to increase their activities; and recommended it say, "will not pursue violations that have been in existence for five years unless there is increased or new activity."

Commissioner O'Brien advised the change reads, "When authorized by a supervisor, Code Enforcement will not pursue building and site violations which have been in existence for five years or more. . ." He stated a lot of people search for better communities; but those types of complaints are so infrequent, it should not be included in the Code.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to reject Item (e) for consideration of codification. Motion carried and ordered unanimously.

Chairman Higgs advised Item (f) deals with not accepting complaints from people who reside outside 1,000 feet of the property reported to be in violation, except when submitted by a homeowners association for overgrowth, parking, locating, and storing of recreational vehicles, and height and setback of fences and walls.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to include Item (f) in the Code.

Commissioner O'Brien stated staff should not accept complaints from residents outside of 1,000 feet of the property or have the homeowners association turn someone in for a wall, fence, overgrowth, etc. He stated the responsibility should be that of someone who lives close by.

Commissioner Carlson inquired how would it work if the complaint comes from the homeowners association; with Mr. Jenkins responding homeowners associations have blanket permission to make complaints about properties within their areas.

Discussion ensued on exceptions; residing within 1,000 feet or outside of 1,000 feet; neighborhoods without homeowners associations; the item referring specifically to overgrowth, parking of RV's, and fence and wall heights and setbacks; telling citizens they cannot complain or that the County will not investigate the complaint; violations that could affect the entire community not only those within 1,000 feet; valid and invalid rules and policies; and meaning or interpretation of proactive.

Commissioner Carlson requested Mr. Bowen advise how the Board could help or not help his Department.

Building Director Bobby Bowen advised the conditions of 1996 that caused the policies do not exist today because of additional manpower and the anonymous complaint policy, which makes it a moot point. He stated if they take anonymous complaints, they do not know if it is within 1,000 feet or not.

Motion by Commissioner Scarborough, to reject Item (f).

Commissioner Voltz advised there is a motion on the floor to approve it.

Commissioner O'Brien advised of a car dealership which was reported for a small sign, and other car dealerships in the vicinity with other violations not being cited, noting Code Enforcement is not proactive, as it only dealt with the sign that was reported. He stated if the Board wants Code Enforcement to be proactive, they should be told so they can create a level playing field. He advised of existing uses in the County being varied; and stated Codes must be created to fit all categories if Code Enforcement is to be proactive.

Chairman Higgs stated the Board's direction may have added confusion as to how those things should be handled; that has caused difficulties; but there is a balance. Mr. Bowen stated they are proactive on health and safety issues. Commissioner O'Brien inquired if the Board wants Code Enforcement to be proactive in certain areas; with Chairman Higgs responding the Board needs to clarify its policies to help staff understand the Board's direction.

Mr. Jenkins advised staff takes anonymous complaints which nullifies this item, so (f) has no value.

Commissioner Voltz withdrew the second to the motion. Chairman Higgs stated the Board will take no action on Item (f).

Commissioner Scarborough inquired if Mr. Bowen wants the Board to codify anything that would help his Department; with Mr. Bowen responding circumstances have changed in the last year; what the Board is looking at today does not apply; the way the Codes are currently written takes into consideration people's rights; but he would like to have the flexibility giving officers discretion to apply the spirit of the law in helping individuals who are unable to help themselves and not be tied down to specifics.

Chairman Higgs inquired if any Commissioner wants to move to codify any of the items before the Board. Commissioner Carlson recommended Item (h) be codified and Items (f), (g), (i), and (j) be negated. Chairman Higgs recommended two anonymous complaints instead of one; with Commissioner Carlson agreeing.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize staff to proceed with codifying (h) "Code Enforcement will accept anonymous complaints; however, after two anonymous complaints have been filed, if no violation has been identified, no additional anonymous complaint will be accepted on that property within a 12-month period except when the complaint involves a health or safety issue; however, if a violation has been identified after the anonymous complaint is filed, additional anonymous complaints will be accepted"; and reject proposed amendments (e), (f), (g), (i), and (j). Motion carried and ordered unanimously.

Mr. Jenkins inquired if staff has to investigate complaints it has no jurisdiction over; with Chairman Higgs responding no, that is not being codified. Mr. Bowen advised anonymous complaints were two at one time and changed to one; and inquired if the Board wants to return to two complaints; with Chairman Higgs responding the motion is to instruct staff to prepare the appropriate document and bring it to the Board for a public hearing with two anonymous complaints.

APPROVAL OF PILOT PROGRAM, RE: TARGETED AFFORDABLE HOUSING

Commissioner Carlson advised of the Targeted Affordable Housing Program with the County providing buildable lots and Habitat For Humanity being the home builder to construct 20 homes a year and to rehabilitate neighborhoods. She stated they are asking for funds to acquire 20 lots not to exceed $20,000.

Dennick Skeels thanked the Board for its support of South Brevard Habitat For Humanity; stated they completed 49 homes; their goal is to eliminate poverty housing in Brevard County and put a program in place to ensure it will not return; they are asking the Board to invest in the community to eradicate poverty; and read a report on the South Brevard Habitat For Humanity. He stated an investment of $100,000 today will ensure decent and affordable housing; and it will come back to the Board by a more sound economy. He stated Habitat started 25 years ago to make housing affordable for more people; the idea keeps accelerating; and they are trying to keep it accelerating to be at a higher level and help more families. Mr. Skeels advised the Board's support will help 20 families obtain homes; and when those families move into their homes, they turn to the better, attain higher education levels, and have better health standards.

Jim Sisserson advised he is in charge of site selection; advised of a site in Palm Bay where they built four homes; and presented a plan of North Melbourne to the Board, describing the lots that are attainable on the map; and stated it will change families and make a difference in reducing crime in the community. He noted the City is cooperating by forgiving liens.

Barbara Jagrowski requested the Board approve the program to purchase lots in transitional neighborhoods as it would provide many benefits in taxes and hope for the neighborhood.

Betty Wheeler-Cain stated the State said to do more for all to have access to decent housing in 2010; Brevard County will need 4,500 more affordable rental units and 4,500 single-family dwellings in 2000; Habitat has called for elevation of standard housing by 2020; and they are looking to the Board for its support. She stated the need is great; they built ten in the past year; and they have 17 approved for homeownership, 20 applicants being processed, 24 new applicants who will be attending orientation, and 23 more families on the waiting list. She stated revenue returns to the County; they received $92,929.32 to purchase land; and that is an excellent return on the County's investment.

Commissioner O'Brien stated the Board discussed affordable housing about six months ago and federal programs to buy houses; and inquired if they got anywhere; with Housing and Human Services Director Bernice Jackson responding that strategy is in progress and they recently purchased property in Merritt Island for demolition. Commissioner O'Brien stated they demolished a house on Tate Street in Cocoa and 43 others, so there are properties to donate for federal and State programs; and that should be the focus. He recommended directing staff to expedite requests for federal grants to do more than one building at a time, as the federal government bought blocks in the Bronx and tore down structures to put up single family homes. He stated on Merritt Island, the CDBG destroyed a crack complex and decided to donate three lots to Habitat for Humanity; he does not want to raise property taxes for Habitat for Humanity; his concern is that the Board is going to spend money to help Habitat for Humanity; and if it continues to spend money, it will be forced to raise taxes. He recommended giving the 43 lots to Habitat for Humanity as the structures are demolished.

Commissioner Voltz stated Habitat for Humanity is a great program, but where will the money come from. She inquired if people buying homes are given a financial education, as she heard between 40 and 60% default after several years. Ms. Wheeler-Cain stated they go to credit counseling; they had one foreclosure in their ten years, and two quit-claim deeds. She stated they get 25 hours of education to learn how to take care of their homes.

Commissioner Carlson stated she does not want to raise taxes to add another program; but what the Board is doing is exploring a way to invest tax dollars for a much higher return that will keep on giving back to the community in many ways. She stated on October 2, 1999 the Board received a report on goals; in that report the third goal was to contribute to the community's efforts toward the resolution of identified community social priorities; the first of the strategies statements on how to reach that goal was to rehabilitate rundown neighborhoods by buying multiple blocks of urban property, demolishing existing inadequate structures and rebuilding affordable housing by using a partnership of funding sources and entities; and she would like to have the Board commit to that goal and taking the lead to bring other corporate potential interests to make investments which would bring great returns for the County.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to give the proposal to the County Manager to identify $100,000 for the purpose of buying lots as stated in the Agenda item; direct staff to work with Habitat for Humanity to develop operating procedures for the program for the County Manager's approval; as the program develops, opportunities for partnerships be identified and implemented; that this be a pilot program; and if it reaches its potential over the next year, it be brought back for the Board to consider funding the program on an annual basis.

Commissioner Scarborough stated one thing that is incumbent on elected officials to do is move from status quo into a better community with a better tax base and the end result of lower taxes; and some counties that are very poor and dilapidated maxed out millage rates while other counties that did the right things and moved in the right direction have millage rates that have been kept low or are moving lower. He stated the Board needs to talk about those people who are not as fortunate as others; if the Board can partner with Habitat for Humanity, it can take tax dollars and get multiples for it; and this is an opportunity to have a program that has proven itself throughout the country and world as being successful, and using those human resources to improve the community and to let people know that the County is closing crack houses and improving the tax base. He stated the Board needs to be more involved with specifics; and he wants more information from staff on where to get the funds and how to manage the program.

Chairman Higgs stated she supports the program but wants to be convinced that the federal and State dollars that are coming to Brevard County to do housing cannot be used and the County cannot work with Habitat for Humanity using SHIP funds. She stated someone has to convince her that the barriers on what that money can be used for cannot be overcome; and if the Board has to change policies or do other things, then so be it. She stated partnering with Habitat for Humanity and making it work is important; how the funds are used is also important; she thinks SHIP funds can be used; and in so doing, it can achieve the goal of Habitat for Humanity. Chairman Higgs stated the first step is to give it to the County Manager, get the specifics and move forward; and if there is something she does not see that means it cannot work, then she is willing to talk about it and be convinced that it will not work.

Commissioner O'Brien stated sweat equity means the people who acquire a nice home have to work on the home and other homes for a total of 400 hours; but it should not drag the property owner, in this case Brevard County, unwittingly and place its equity into the projects if it does not want to do that. He stated the Board funds the Healthy Kids Program which started at $25,000 two years ago as a pilot program and is now $250,000; and if this is a good investment, then the Board should find other areas to trim the budget by $100,000 because it will be collecting more taxes. He stated there are SHIP and CDBG Programs and other federal forms of money plus the 43 lots; more structures will be demolished using CDBG money and MSTU money as well; so the Board is a partner, but he would not want to put the taxpayer in as part of the program. He stated if they want to join, that is an individual choice they have to make.

Commissioner Voltz stated she does not mind doing a one-time deal but does not want it to be an ongoing program. She requested the County Manager show the Board where it will cut the budget in order to come up with the $100,000. She stated the Vietnam Veterans facility desperately needs money; there are a lot of people who come before the Board and ask for money for a lot of good programs that it could potentially support; and to pick out one over the other is not right. She stated whether the program is good or bad is not the issue; everybody is going to come to the Board for money; and it is not going to work out well. She stated she could support a motion to get more information.

Chairman Higgs stated there are housing funds that can be used instead of looking to cut other areas; staff should first look at SHIP funds; and inquired if the County expended all the SHIP funds in the past year or if there are some that can be used to partner with Habitat for Humanity. Ms. Jackson stated the SHIP Plan is a three-year plan; for those funding years the money can roll over because not all projects are completed in a given year; SHIP dollars, HOME dollars, and CDBG dollars can be used for acquisition of land; and they are in partnership with Space Coast currently.

County Manager Tom Jenkins recommended the Board give staff a chance to work on it rather than do it today.

Chairman Higgs agreed with Mr. Jenkins; and stated staff should inform the Board if there are things that need to be changed, and work with Habitat for Humanity on the details and bring it back to the Board.

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

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to expedite all research and efforts to find out where the $100,000 is available; expedite any grant applications that may be available; research how other communities and cities, such as Baltimore, and other parts of New York and New Jersey received millions of dollars in federal aid to demolish entire neighborhoods and rebuild them; find out where that money came from and if Brevard County can participate; and work with Congressman Weldon and any other federal government elected officials or agencies to expedite the process. Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING GLOBE WIRELESS AS ELIGIBLE BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution qualifying Globe Wireless as an eligible business under the County's Tax Abatement Program; and authorize advertising a public hearing to consider adopting a tax abatement ordinance on behalf of Globe Wireless. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTION, RE: QUALIFYING LOCKHEED MARTIN ASTRONAUTICS, ATLAS V EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM AS ELIGIBLE BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution qualifying Lockheed Martin Astronautics, Atlas V Evolved Expendable Launch Vehicle Program as an eligible business under the County's Tax Abatement Program; and authorize advertising a public hearing to consider adopting a tax abatement ordinance on behalf of Lockheed Martin Astronautics, Atlas V Evolved Expendable Launch Vehicle Program. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTIONS, RE: QUALIFYING PROSPECT #99-05-02-07E AS ELIGIBLE BUSINESS UNDER COUNTY'S TAX ABATEMENT PROGRAM AND STATE'S QTI PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolutions qualifying Prospect #99-05-02-07E, a manufacturer of high-speed silicon-based communications equipment, as an eligible business under the County's Tax Abatement Program, and committing the abatement of County taxes at 100% for ten years; and adopt Resolution qualifying the communications manufacturer as an eligible Qualified Target Industry under the State's QTI Program, and providing the required local match from the County's Tax Abatement Program. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTIONS, RE: QUALIFYING PROSPECT #99-03-16-050 AS ELIGIBLE BUSINESS FOR COUNTY'S TAX ABATEMENT PROGRAM AND STATE'S QTI PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolutions qualifying Prospect #99-03-16-050, a manufacturer of rockets and launch service company, as an eligible business under the County's Tax Abatement Program and providing a commitment of ad valorem taxes to the EDC prospect; and qualifying the Company as an eligible Qualified Target Industry under the State QTI Program, and utilizing County tax abatement commitment as the required local match. Motion carried and ordered unanimously.

Financial Advisor Tom Holley advised the sale of the Constitutional Fuel Tax Revenue Bonds, Series 2000 on the Internet was very successful; they were able to raise $600,000 more than they anticipated because of the lower interest rate; they received seven bids on the all or none concept, and a number of bidders on maturity by maturity; and Merrill Lynch won the bid. He stated the interest rate for the issue was 5.5701%, which is a great rate because they thought it would be 5.70%; and the underwriters discount was $3.00 a bond which is half of the State's average, so the County would pay $120,000 for a $40 million bond issue instead of $240,000. Mr. Holley stated they were impressed by that; it was a great sale; and the County has another $600,000 to build roads with and a very low interest rate. He noted they need to try it again.

Chairman Higgs inquired if the Board needed to approve anything; with Mr. Holley responding no, the Board delegated the authority to the Manager and Clerk, but there will be certificates to sign. Chairman Higgs suggested putting the additional $600,000 on the Agenda for next week so the Board can determine what to do with it.

The meeting recessed at 12:38 p.m. for lunch, and reconvened at 1:46 p.m.

DIRECTION, RE: CONDITIONAL USE PERMIT FOR SECURITY MOBILE HOMES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Option 2, amend Section 62-1946, to include limits on the number of times a property owner may request a conditional use permit (CUP) for a security mobile home from the Board, and authorize staff to prepare the appropriate ordinance and advertise it for a public hearing.

Commissioner Carlson inquired why is it eight years and three administrative approvals. Commissioner Voltz stated a person putting up a building and paying cash would take a long time. Commissioner O'Brien stated sometimes it is a church, but as growth encroaches, it begins to be inappropriate. He stated eight years may be appropriate with review along the way. Commissioner Voltz recommended staff review what has been done at the time of renewal; with Ryan Rusnak of the Planning and Zoning Office responding when applicants come in for renewals staff requires them to demonstrate what they have done to make provisions for more permanent structures if they wish to continue with the security mobile home.

Commissioner Carlson inquired about looking at Option 3, amend Section 62-1334 governing AU classification to allow security mobile homes as a permitted use, as well; with Mr. Rusnak responding there is a discrepancy that staff has been tackling; in the AU classification where they are mostly seeing security mobile homes being requested, the minimum lot size is five acres; if they do a residential dwelling in AU zoning, the minimum is ten acres; so they would need something like permitted with conditions on five acres or permitted with conditions on ten acres; but the Board needs to think about what you do to existing approvals if you up that to ten acres because people with existing security mobile homes will be affected. He stated it is an option to make it permitted with conditions; they have done that in industrial and commercial zones, and not many requests for security mobile homes are made in those classifications.

Chairman Higgs stated the five acres is pretty low; she could support a cup on a larger parcel permitted with conditions; but there are a lot of AU residential on 2.5 acres with some five acres, so she would be concerned about that. She noted there is not that much ten-acre parcels out there that could be permitted with conditions.

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

SPEED HUMP REQUEST, RE: DOLPHIN STREET

Chairman Higgs advised she received a lot of calls on the request for speed hump on Dolphin Street; and recommended staff re-survey the community and indicate exactly where the speed humps would be placed.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct staff to re-survey the community concerning installation of speed humps on Dolphin Street in Melbourne Beach, and indicate exactly where the speed humps would be placed. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: BUXTON AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve installation of speed humps on Buxton Avenue in Port St. John. Motion carried and ordered; Commissioner Voltz voted nay.

Commissioner Voltz stated there was a total of eight vehicles, so she cannot support it.

REQUEST FROM BOYS & GIRLS CLUB OF BREVARD, INC., RE: LEASE OF SPACE AT GIBSON COMMUNITY CENTER

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize lease of space at Gibson Community Center by the Boys & Girls Club of Brevard, Inc. at $1.00 a year.

Commissioner Scarborough stated there are a number of tenants at Gibson; and inquired if the Board is creating a precedent; with Facilities Management Director Hugh Muller responding the National Technical Association and Progressive Action Society were the only ones that were free or $1.00 a year because they were there for many years; and as other organizations move in they pay for utilities, and some pay maintenance and utilities. Commissioner Scarborough inquired if there are similar requests; with Mr. Muller responding yes, they are Day Care toddler class, Head Start, Child Care Association, and Association for Retarded Citizens. Commissioner Voltz inquired how much room is available; with Mr. Muller responding there is about 50,000 square feet, and the subject building is 4,868 square feet. Commissioner Scarborough stated it may not be fair to have it on a first-come basis.

Motion by Commissioner Scarborough, to table the request from the Boys and Girls Club of Brevard, Inc. for space at Gibson Community Center; and direct staff to provide a breakdown on the number of organizations using the facility, financial impact, and what they pay. Motion died for lack of a second.

Commissioner Voltz stated the children served by the Club could get into trouble and cause more cost to the Community. Commissioner Carlson stated the Board needs to look at all the groups and draft language for special exceptions. Chairman Higgs advised the cost is $3,444 for over $120,000 worth of services, so she is willing to approve it because of the high leverage of funds. Commissioner Carlson stated she supports it but would like to get the information Commissioner Scarborough requested. Commissioner O'Brien recommended a time limit of one year.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to amend the motion to limit the lease period for the Boys & Girls Club to one year. Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered unanimously.

REPORT, RE: STUDENT MENTORING PROGRAM

County Manager Tom Jenkins advised student mentoring parallels what the Governor is doing with State employees.

Commissioner Carlson stated she was asked to be on the leadership council for Take Stock in Children which targets low-income students, usually at risk, from 7 to 10th grades, who must maintain a 2.5 grade point average, remain drug and crime free, attend school regularly, and meet with a mentor weekly. She stated they sign performance agreements with the Take Stock in Children Program and receive prepaid tuition of 60 hours at a Florida community college and 60 hours at a Florida State college or vocational school. She put out a challenge for all Brevard large employers that have not become sponsors to participate in the Program; and noted that Florida has one of the highest crime and high school dropout rates. She stated there is a massive need to provide youth with a sense of opportunity before they succumb to crime and violence; and Take Stock provides a defined intervention and prevention strategy that is measurable and can produce data to indicate that a comprehensive intervention and support strategy will achieve substantial improvements, academic achievement, and prevention of crime. She stated mentoring does work.

Chairman Higgs advised the Governor's Executive Order expires in one year, and recommended the County Manager provide a report a year from the implementation of the program so the Board knows what the outcomes are and the impacts from employees contributing their time, and it is not doing a program that produces no results. Commissioner Carlson stated there are 70 students, and they need 18 mentors. Commissioner Voltz requested a list of the companies that are not participating so maybe Commissioners could visit them. Commissioner Carlson stated her list may be outdated, but NationsBank and Publix are two of the big sponsors. Commissioner Voltz requested a list of the companies that are participating.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to support the Student Mentoring Program as a pilot program for one year; and instruct staff to report back to the Board on the outcome and impacts after the program has been in existence for one year; and if the Board decides to continue the program, it would consider a Merit System policy. Motion carried and ordered unanimously.

County Manager Tom Jenkins advised if the Board decides to continue the program after one year, it would then consider adopting a Merit System policy.

APPROVAL, RE: GOALS AND EDC WORKSHOPS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve scheduling the EDC workshop at 10:00 a.m. and the Goals Workshop at 1:00 p.m. on January 20, 2000. Motion carried and ordered unanimously.

APPROVAL OF FUNDING, RE: CASE COORDINATORS FOR GUARDIAN AD LITEM PROGRAM

County Manager Tom Jenkins advised the Board asked its lobbyist to work with the courts in trying to get the State to fund case coordinators for Guardian Ad Litem; the lobbyist is doing that; the soonest they could get it funded is July 1st; therefore, interim funding is proposed until July 1st, then he would have the discretion to release it through the County's fiscal year if they do not get the funds from the State. He noted it is the result of the workshop the Board had with the judges.

Commissioner O'Brien stated he said the State should be paying for this program; it is a State responsibility; and the Board should go to the Florida Association of Counties and Mr. Spearman and ask them to work hard to ensure the County is reimbursed if it spends any money on the program. He stated the Board is again assuming financial responsibility for an outside agency; if an agency cannot do its job, it should complain to the State to get more money; the Board should not be funding the program; and if it does, the chances of it continuing to fund it will be raised significantly, but if it does not, the judges and others will have to complain to Tallahassee, which is what they should do. He stated he will not support the County paying for it.

Commissioner Voltz advised even with Article V revisions, the Guardian Ad Litem Program is considered a local program along with drug court; if the County wants it, then the Board needs to fund it; it has not been funded by the State; and it is a local program that the Board can choose to fund or not fund.

Commissioner Carlson stated creating programs for no real purpose is one thing, but at the workshop with the judges, they showed a huge increase in guardians who have stepped forward to address the needs of children; and not having coordinators could cause a loss of that resource. She stated the Board should front the dollars and try to get reimbursed by the State.

Chairman Higgs stated what the County gets for its investment is considerable in terms of child protection; the welfare of those children in the judicial system is partly the responsibility of the Board; so she can support a motion as Mr. Jenkins structured it because of the tremendous return on the dollars invested. Commissioner O'Brien inquired what does the County get in return; with Chairman Higgs responding an enormous number of hours from people volunteering to serve who are supervised closely. She stated those children will have an advocate who will protect their interests and not their parents', the system's or anybody else's interest. She stated the program throughout the country has proven to be enormously beneficial. Commissioner O'Brien inquired if within six months the State will pick up the bill; with County Manager Tom Jenkins responding in discussing it with the Court Administration and County Lobbyist, they are cautiously optimistic that the Board can get the State to pick up the cost; they are encouraged that the State will probably pick it up; but nobody can make that guarantee until the State's budget is approved.

Commissioner O'Brien stated every program the Board talks about is a good program and should be funded; eventually it will have to look at which programs it is not going to fund; he understands the Board is responsible for the health, safety, and welfare of its citizens; however, at some point it should ask itself how it got along without those programs. He stated the State changed the laws and should provide the funding for the problem it caused; they say the State probably will fund it; but the Board should not step into this before it knows whether or not the State will fund it.

Commissioner Scarborough stated the value of the volunteer labor is $1.2 million annually; by partnering where there is a void the Board can have a richer community; and by doing this, there should be less problems elsewhere in the community. He stated he cannot prove it, but it has the capacity to capture the community's resource. Commissioner O'Brien stated if the County will save $1.2 million, will the Board cut the Sheriff's budget by that amount or everybody's budget by $30,000. Chairman Higgs stated it is like getting $1.2 million in new revenue because it will get people who will serve the young people in the judicial system who have not committed crimes but are being served in other ways.

Commissioner Carlson stated Commissioner O'Brien brought up a good point of what price to place on improving quality of life for every citizen in the County; that will be part of the goals workshop; if the Board is willing to commit, it has to come with dollars; and each Commissioner has to wrestle with that thought as the Board goes through the process. Commissioner O'Brien stated he has to wrestle with the thought because it is not his dollars he is spending, it is the citizens' dollars; with Commissioner Voltz responding it is also the citizens' children.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve a maximum of $46,667 from the General Fund Contingency to fund salaries and benefits for two additional case coordinators for the Guardian Ad Litem Program; approve $29,167 for the period February through June, 2000; and authorize the County Manager to disperse the remaining $17,500 for the period July through September 2000 if the State does not approve funding for those positions. Motion carried and ordered; Commissioner O'Brien voted nay.

DISCUSSION, RE: AGENDA FOR GOALS WORKSHOP

Chairman Higgs recommended each Commissioner share their top five priorities before the meeting, and the Board use that to come up with five priorities and strategies for achieving those at the Goals Workshop.

Commissioner Scarborough advised the Board visits its goals every year, so there are prior products; some of it is fine tuning and redefining and some are emerging ideas; and recommended the County Manager provide the Board with information on what it did previously before the goals workshop. County Manager Tom Jenkins advised staff sent a black book to the Commissioners with everything in it. Commissioner Scarborough stated it is hard to say what is or is not a priority; however, there are two things he wants to discuss in more detail and those are elder affairs and regionalization beyond political boundaries. He stated they were discussed previously, but he would like them amplified and expanded in discussion.

Commissioner Carlson advised the black book was derived from the visioning process; the intent was to look philosophically and globally at what the Board wants the County to look like and be like, the quality of life, etc.; and she wants to use the book to determine what that vision is, what the Board can do to promote the vision, and if it is willing to commit dollars behind the vision and incorporate a budget strategy as part of the effort for discussion at the workshop. Commissioner Carlson inquired about the date for sharing priorities of January 19, 2000 being a day before the workshop, and if the Board wanted to keep that date; with Chairman Higgs responding that would be fine; and Commissioner Voltz agreeing. Mr. Jenkins advised the Board has already established a number of long-range goals through its vision statement and Comprehensive Plan; and what the Board is describing are strategies to implement the goals.

Commissioner Scarborough stated there will be different ways of thinking than before; the Board will need to respond if it wants to be a part of it; it talked about partnerships in the County; but the thought process today is that dynamic areas do not look at political boundaries and look at the region and how it works and compliments each other. He stated if the Board discusses that issue, it will be a critical part of the formula, so it needs to begin to vision whether it wants to proceed with regionalization which has not been included in that magnitude. Mr. Jenkins stated it is written broadly enough that it can be included. Mr. Jenkins commented he is not sure each Commissioner has to have five priorities and could have fewer, but whatever would be workable, up to five priorities. Commissioner Scarborough inquired if he could phrase it any way as they may not be his top priorities but are things he wants the Board to focus more on than previously. Chairman Higgs stated the Board needs to come to the workshop having some idea of what its focus needs to be. Mr. Jenkins advised the last time staff took the items back and formulated a total package and could do it again this time once the Board puts its ideas down and approves them.

Commissioner Voltz inquired if Commissioner Scarborough had information he could distribute referring to regionalization and elder affairs; with Commissioner Scarborough responding yes, and he will fax it to the Commissioners' offices.

Chairman Higgs reiterated that all information should be shared by Monday. Mr. Jenkins recommended Commissioners send their information to his office for distribution; and Chairman Higgs agreed.

DISCUSSION, RE: PROPOSED ANNEXATION BY CITY OF PALM BAY

Chairman Higgs advised the proposed annexation is at the intersection of Valkaria Road and Babcock Street.

Maureen Rupe advised the annexation is contrary to the Comprehensive Plan, the Valkaria Small Area Plan, and probably the Palm Bay Comprehensive Plan; and the purpose for Comprehensive Plans is to organize growth and organize boundaries for cities so they do not encroach and destroy residents' quality of life. She stated Palm Bay is approximately 60 square miles; it cannot be allowed unlimited expansion; the State is opposed to urban sprawl for many reasons; and Palm Bay is soaking up tax dollars and justifying it by population and congestion. She stated it is not the only one in Brevard County with bad roads; Port St. John sympathizes with the very real threat Valkaria will face if this annexation is realized; Palm Bay is already in a lawsuit regarding sewer service; and requested the Board support the residents of Valkaria and vote for Option #3.

Janis Walters, President of Valkaria Neighborhood Association, advised this is an important issue to her, the Association, and several hundred people who live in Palm Bay and see a threat to their quality of life and property values. She requested the Board approve Option #3, a joint planning effort with the City of Palm Bay to find a wise way to plan for Babcock Street corridor as it passes along County property near Valkaria Road. She stated the piecemeal annexation for the sole purpose of rezoning contributes to urban sprawl which is a concern not only locally but at the State level as well; the proposed land use is inconsistent with the County and City's Comprehensive Plans and incompatible with existing land use which is residential on both sides of the road; the parcel is surrounded by single-family homes; and commercial development proposed by Brian West will be detrimental to the rural character of the area. Ms. Walters stated the population density, even projected out 20 years, is not adequate to support the project plus those already in the City's Comprehensive Plan; and allowing this annexation to go forward unchallenged will negate the purpose and benefit of long-term planning and set a bad precedent for future ventures of a similar nature. She noted she hopes the Board will offer to help Palm Bay find better solutions to its revenue and planning problems; and presented petitions with approximately 360 signatures from people who live in Valkaria and Palm Bay. She stated there are more petitions in her car, which she has not copied, and she has more circulating, so there are many people who are worried about this issue. Ms. Walters requested the Board send a stenographer to all the City Council meetings where the issue is heard to assure there is a verbatim record in case the City declines to enter into a joint planning effort or decides to proceed with the annexation, so they will have adequate defense to appeal it at the State level.

Commissioner O'Brien inquired if the City has a clerk at every meeting; with Ms. Walters responding yes, but she's a believer in backup. Commissioner O'Brien stated it is also on tape; with Ms. Walters responding electricity can fail, tapes can run out and miss something while being changed, and if it is within the purview of the Board, she would like to have a backup. Commissioner O'Brien stated he cannot see the Board doing that, and is sure the tapes and minutes will be available to the public. Ms. Walters stated she is not sure what the legal ramifications are of verbatim record.

Christina Laskes stated she agrees with Ms. Walters and the people of Valkaria; Palm Bay City Council is not taking anybody into consideration except the developer; it does not care about the people in Valkaria because they do not vote for the City Council members; and they do not care about the people in Palm Bay because they did not want all the signatures she collected from people who moved to the area because it was nice and quiet and would not listen to them, so they need the Board's help. She stated she likes the area and wants it to stay that way; it will build up eventually, but some thought should be put into it; and requested the Board help them keep the area as a nice bedroom community. She also requested a stenographer to record the meetings of the City Council because she does not trust them.

Chairman Higgs advised there are two maps that show the property location; on either side of the road is residential use; asking the City to participate in joint planning is consistent with what the Board did regarding Melbourne; and the Comprehensive Plan amendments are inconsistent with the County's Comprehensive Plan. She stated the annexation will be inconsistent with the County's Plan; and the Board should indicated that to the City Council and ask it to enter into the joint planning effort.

Commissioner Voltz advised she spoke to the City and Mr. Brian West about this issue; they are going to put it off next week; however, Mr. Wilson's property will be heard. She stated there is no prior project set for the larger parcel; the City is looking out for its citizens because if the developer does build, it will collect about $700,000 in impact fees for police, roads, fire, and whatever impact fees can be used for; and it is consistent with the City's Comprehensive Plan or they would not do it. She stated someone said it was not consistent, but that is wrong; they have their staff looking at it who say it is consistent with their Comprehensive Plan; and she supports whatever Palm Bay wants to do because before long that area will go all commercial. She stated it is not going to stay rural forever; and just because it is annexed now does not mean it will develop in the next week or year or even five years. She noted the demand has to be there, and it is not there now.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Commissioner Higgs stated there are going to be questions over the next several years as to what happens with the area along Babcock Street; it is clearly residential throughout the area; the Comprehensive Plan looked at the Valkaria small area study and denied changes at the intersection of Valkaria and Babcock; so she will support Option 3.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to request the City of Palm Bay Council delay action on the annexation of parcels located at the NE and SE corners of Babcock Street and Valkaria Road; and enter into a joint planning agreement with the County for the South Babcock Street area similar to that being worked out with the City of Melbourne.

Commissioner Higgs stated since the Council will consider the issue tomorrow night, she would like to include in the motion to authorize a letter from the Chair to notify the City it is asking for this action. Commissioner Carlson accepted the amendment to the motion.

Vice Chairman O'Brien called for a vote on the motion as amended. Motion carried and ordered unanimously.

Vice Chairman O'Brien returned the gavel to Chairman Higgs.

Chairman Higgs advised if the people took tape recorders and had their record in hand, they will be sufficiently able to document any type of proceedings without the Board sending a stenographer; and inquired if that would be sufficient; with County Attorney Scott Knox responding under these circumstances he thinks it is.

REPORT, RE: REGIONAL FORUM ON GROWTH MANAGEMENT

Commissioner Carlson advised Department of Community Affairs sent out flyers for the regional forum on growth management; they are interested in views from all counties regarding what issues should be covered that are purely local concerns, what areas the State should focus its efforts on, greater citizen access to local planning processes, and meaningful intergovernmental coordination. She stated Mel Scott will be going to the forum; and recommended he request to talk about annexation because it is an issue that constantly comes up and counties do not have a lot of rights.

Chairman Higgs inquired if there were any objections, and heard none.

DONATION, RE: DESK TO BREVARD LEGAL AID, INC.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to donate a surplus desk, PR #080-1031, to Brevard Legal Aid, Inc., valued at $25.61. Motion carried and ordered unanimously.

Commissioner Carlson inquired why does the Board have to vote to donate something valued at $25.00; with Commissioner O'Brien recommending a policy authorizing the County Manager to approve those donations. Commissioner Carlson suggested Mr. Jenkins put together a policy to reduce minutia.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to direct the County Manager to develop a policy on donation of items with little value to reduce minutia. Motion carried and ordered unanimously.

PUBLIC COMMENTS - ARTHUR HACHTEL, JR., RE: USE OF ENTRANCEWAY AT VIA DE LA REINA FOR DEVELOPMENT AT SR 528 AND SR 3

Arthur Hachtel, Jr. stated his purpose for being here is to clarify remarks made at the December 7, 1999 meeting pertaining to the property at SR 528 and SR 3; a lawyer for the developer requested to change the density line on the property; there were motions made and comments pertaining to different categories of the proposed development; and Commissioner O'Brien commented that he was surprised nobody was there from Via de la Reina Improvement Association. He stated the reason for that was they met with the developer's lawyer the night before, and he emphatically told them the only thing that was going to be discussed today was moving the density line; it had no bearing on Villa De Palmas Homeowners Association's objection to any future plans; and they were informed it would not be necessary to attend the meeting. He stated Commissioner O'Brien commented about a long friendly relationship with one of the principals for the land development; it upset the members of the Homeowners Association; and a lot of them were not present, but they listened to the broadcast on public television. Mr. Hachtel stated Commissioner Voltz commented that the development will use the Villa de Palmas entranceway; that has been objectionable to the members of the Villa de Palmas group; and Commissioner Voltz answered the letter, but it did not satisfy their question.

Commissioner Voltz stated she asked Attorney Leonard Spielvogel if they could still use the road if the Board did not approve the density line change; and his reply was yes. She stated she thought moving the line was a good deal for the residents; Mr. Spielvogel was correct in saying the people did not have to be at the meeting because that was all they were supposed to discuss; but after talking to several people and receiving several e-mails, she thought maybe she heard wrong and did not know because she does not live on Merritt Island and is not real familiar with everything that is going on there. She stated she sent an e-mail to Land Development asking them what was going on with this whole issue; and it is on the staff level and will not have to come back to the Board at all. Commissioner Voltz advised they agreed to work out a traffic light or whatever, but there was nothing done ahead of time or planned ahead of time; and she was merely asking questions because she was not familiar with the development, road, traffic problems or anything else in the area.

Mr. Hachtel stated Commissioner O'Brien's amendment to the motion was to approve the application provided they did not use Via de la Reina as an entranceway; but Mr. Spielvogel said if that was the case, he would withdraw the application; and Commissioner Voltz made the comment they would use the road anyway. He stated their concern is that no transactions take place with realtors, developers, and lawyers under the table and prior to the development; and they are vehemently opposed to the type of dwellings they plan to put in there. Commissioner Voltz stated if she has not cleared anything up for Mr. Hachtel, he can call her office and she will be glad to meet with him.

PUBLIC COMMENTS - MAUREEN RUPE, RE: CHARTER AMENDMENTS

Maureen Rupe requested the Board take steps to ensure that the situation with the proposed Charter amendments do not happen again. She stated she is not referring to the current amendments, but any asinine amendments that can go on the ballot with signatures; and recommended the Board propose an amendment to the Charter that would require judicial review for amendments by petition.

Commissioner Voltz stated the judge said he did not want to see the amendments before the Board made a decision on them; with Ms. Rupe responding she is talking about putting judicial review in the Charter. Chairman Higgs inquired if it would make a difference in a judge's willingness to rule; with County Attorney Scott Knox responding no. Ms. Rupe stated the State has one for judicial review; with Mr. Knox responding the State's review process is set forth in the Constitution which is the supreme law of the State. Ms. Rupe inquired if it would not work with a county charter; with Mr. Knox responding the County is at the bottom of the chain; the Legislature gives judges their jurisdiction, and the County cannot add to that; but it can get a State legislator to sponsor an amendment to the judicial jurisdiction law that says they have to review jurisdictional charter amendments before they go on the ballot. Ms. Rupe stated the Board needs to look at it because it will have this situation every time people collect signatures to change the Charter. Commissioner Voltz stated it is a lot of work to collect 16,000 signatures; and regardless of how ridiculous it may seem, they have a right to do that whether the Board agrees with them or not; and people have a right to vote on it. Ms. Rupe stated that is true; but inquired if it has the right to go on the ballot no matter how stupid it is; with Commissioner Voltz responding regardless of how stupid it may be, people are smarter than that and are not going to sign something stupid. Ms. Rupe stated she did not say the proposed amendments were stupid; but just taking the bond issue, the 16,000 people did not know the ramifications and implications of that ballot language when they signed the petition. Commissioner Voltz stated if the people do not want the Board to do bonds, there are other ways to do business; it may cause people to sit in traffic longer, moratoriums on construction, and a move backwards instead of forwards; but if that is what the people want, the Board can do it. Ms. Rupe stated the bond issue language says non ad valorem taxes; and she could not determine if it means all the gas taxes, impact fees, emergency fees, cigarette taxes, etc. She stated the ballot language did not mention non ad valorem or ad valorem taxes and just says issuance of bonds; so it is not clear. Commissioner Voltz stated she does not support the amendments, but supports the people's right to petition. Ms. Rupe stated absolutely, but there has to be some review to determine if the proposed amendments are legal enough to go on the ballot and not just put everything on the ballot. She requested the Board look at the situation so it does not happen in the future.

Chairman Higgs recommended the County Attorney research how other charter counties have handled the situation, and advise the Board.

County Manager Tom Jenkins advised the Charter states prior to the start of the referendum process, they have to submit amendment petition language to the Supervisor of Elections; and if at that point the Supervisor's attorney was asked to review it, at least they would have knowledge at the start of the petition process whether or not it was lawful or constitutional. He stated that may be something to look at. Commissioner Voltz inquired why would a group submit the proposed amendments to the Supervisor of Elections if he has no power to say whether they are legal or not legal. Chairman Higgs requested the County Attorney provide information to the Board on that issue.

Commissioner Carlson stated she took a charter course put on by Florida Association of Counties and found, by looking at the County Charter and some other charters, that Brevard County lacks greatly in a lot of different things it could be doing positive for the County. She inquired if the Board can request a review of the Charter, or does it have to wait five years for review. Mr. Knox advised a formal review process is built into the Charter that every five years the Board has to appoint a charter review commission to study the Charter and determine whether it should be revised or not; but there is nothing that stops the Board from appointing an advisory review committee that may look at it before that occurs. Commissioner Carlson inquired where does Brevard County stand in the review cycle, and if the next review is in 2003; with Mr. Knox responding yes.

Ms. Rupe stated the Charter says the Board can propose amendments to the Charter by a four to one vote. Chairman Higgs stated the Board can look at additional changes if Commissioners want to bring them up.

Commissioner Scarborough stated what Ms. Rupe brought up has been discussed by the Board; it would be unfortunate to have questions and doubts about proposed amendments after someone spent a lot of time working on petitions when just a minor change would be okay; but the proposed amendments did not go out that way and because of that created the problems. He stated by having someone outside the group validate it, which does not have to be a court, the Board would have the capacity for them to move forward with language that meets a certain threshold. He stated this process is not the way to do things; that is all Ms. Rupe is suggesting, and not that people be denied the opportunity to petition; and there should be a particular time or a certain number that would allow the County to hire a special counsel to look at the language of proposed amendments and validate them so it would not be an issue. He stated the questions are not removed by the fact that there are a number of signatures; so the questions should be resolved earlier in the process. Mr. Knox stated it might have helped if there was an independent objective person who knew something about charter government to come in and look at the proposals before they were submitted. Commissioner Scarborough stated Ms. Rupe is saying that the Board can use its capacity with four votes to change the Charter, and that it has a methodology to do something so it will not have to go through this scenario again, and so a person who takes the time to get petitions has an absolute assurance that from that point he or she will get the stamp of approval. He inquired why the Board cannot think in those terms. Chairman Higgs stated it needs to be clarified in the Charter to get that done; and nobody wants to be in the position the Board is in now of saying the signatures are not going to go.

Barbara Jagrowski stated the issues were originally dealt with by the Charter Review Commission and failed; they did not get the ten votes; they were very insistent on putting it in the newspaper that the Board did not put it on the ballot; they never got the votes needed to put it on the ballot; and now they have come up with these things again and gotten signatures. She inquired if they were shown to the Supervisor of Elections; with Commissioner Voltz responding yes. Ms. Jagrowski stated at the Charter Review Commission meeting lawyers told them those were not legal; one would hope when they have counsel advising them, they would listen to their advice; and the whole gist of it is they refused to listen to their counsel.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 3:02 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)