August 21, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 21, 2001, at 5:32 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend John Howard with the Veterans Administration.

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

REPORTS, RE: TRAVEL TO REGIONAL PLANNING COUNCIL MEETING

Commissioner Scarborough advised there is a regional meeting on transportation issues coming up November 7, 8, and 9, 2001 in St. Petersburg, and suggested the Board approve travel for any Commissioner who wants to attend that meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve travel for any Commissioner to St. Petersburg, Florida, on November 7, 8, and 9, 2001, to attend a regional meeting on transportation issues. Motion carried and ordered unanimously.

Chairman Carlson advised she will be on the panel of chairs at that meeting.

REPORT, RE: LIGHTNING STORM

Commissioner O'Brien stated he watched the lightning storm last night, and it looked like it was over Viera; and that was the first time he ever saw lightning every eight seconds for over half an hour. He noted it was an amazing storm.

REPORT, RE: CANVASSING BOARD

Commissioner Colon advised she has to serve on the Canvassing Board at 6:00 p.m.

REPORT, RE: CHILD CARE ITEM FOR LEGISLATIVE PACKAGE

Commissioner Colon advised the 2002 Legislative Delegation package has 20 appropriations requests, but there is a waiting list of approximately 300 families that need assistance with child care services. She stated Barbara Moore, Director of Child Care Association of Brevard, indicated that a recent increase in Headstart funding reduced that list somewhat, but there are three things on the legislative agenda that would be greatly appreciated: (1) advocate full-funding from the State to address the waiting list of families who cannot afford child care services; (2) review current rate structure for provider reimbursement based on local economic factors and pay a rate which allows vendors to recover their full costs; and (3) financial incentive for child care providers designated as gold seal vendors that meet stringent accreditation standards. She stated there are 300 families that need help at a cost of approximately $4,500 per year per family for child care; the current State rate for reimbursing child care facilities is not adequate; there is no incentive for vendors to meet the stringent standards; but if the State is able to provide more incentives, it would help the local programs and improve the overall quality of child care in Brevard County and the State. Commissioner Colon advised Ms. Moore also suggested the Board consider local funding for the business partnership, which she hopes will become available again in the near future; and to give incentives to businesses to be more of a partner and not depend on the State to send money. She inquired if the Board would allow the child care item to be No. 21 in the Legislative Package.

Chairman Carlson advised she misunderstood the request and thought Commissioner Colon wanted to move the Legislative Package forward on the Agenda, but if she wants to include it in the Package, the Board can discuss it before 6:00 p.m. Commissioner Scarborough inquired if there is a problem going ahead with the Legislative Package; with Chairman Carlson responding there are people who want to speak to it.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to add the child care issue to the Legislative Package. Motion carried and ordered unanimously.

Chairman Carlson inquired if the Board wants to move the Legislative Package up on the Agenda because the veterans are here to address it; with Commissioner Higgs responding the Board should go through the Agenda, as there are also other people here.

*Commissioner Colon's absence was noted at this time.

REPORT, RE: PRESENTATIONS OF THE CULTURAL COMMUNITY

Chairman Carlson advised the nonprofit organization recipients of the Brevard County community cultural grants have been invited to present brief samples of the arts and programs; they are in the lobby during Board meetings; and tonight the Space Coast Pops has a display. She stated she requested Vera Walker to say a few words about the Space Coast Pops and highlight its activities because it is a nice organization that provides wonderful assets.

Vera Walker advised it is a wonderful idea for the Board to give them an opportunity to show off; with the money the Board provides and other money they get in various ways, they pay professional musicians and put on concerts; and they have come out in the black every year for the past 16 years. She stated in the lobby is a display of things they do for the community in general and special programs to encourage young budding musicians; and they have two free concerts every year for everybody. Ms. Walker advised the first concert is in November to start the holiday season; and sometimes Commissioner O'Brien performs. She stated they pay special attention to people from the nursing homes; the Board has paid every year to bring the wheelchairs to the concerts; and those people really enjoy it. She noted this year the concert will be held on November 10, 2001 at Merritt Island Baptist Church; for most of the years they had the concerts at Brevard Community College Cocoa Campus; but it is not big enough now because they have grown and are happy about that. She stated there is a sheet in the lobby which gives the dates and themes for each concert; and they are happy to have Dr. Robert Coleman as their conductor. She stated he was the conductor for the St. Louis Symphony and has made it possible for them to have some of the pop music arranged specifically for the St. Louis Symphony. She advised their programs are patterned after the Boston Pops; and thanked the Board for its support over the years and its continued support of the cultural arts.

Chairman Carlson stated the monthly series that are exhibited builds community awareness of Brevard's arts and cultural organizations and what they offer to citizens and visitors.

REPORT, RE: FILING FOR HOMESTEAD EXEMPTIONS THROUGH TITLE COMPANIES

Chairman Carlson handed out a description of an article she got out of the Florida Counties on Hillsborough County filing for homestead exemption through title insurance companies; and she can read it if the Board wants her to. She suggested the County Manager talk to the Property Appraiser to see if Brevard County can do something similar to save time and money.

Commissioner Scarborough stated it is an excellent idea because it is confusing for people who are new to the community to know where to go to file for homestead exemption. Chairman Carlson stated it allows home buyers to apply for exemption without having to drive to the Property Appraiser's office. Commissioner O'Brien stated if it saves the Property Appraiser money, can the Board cut his budget.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to authorize the County Manager to discuss with the Property Appraiser the possibility of filing for homestead exemptions through title insurance companies. Motion carried and ordered unanimously.

RECOGNITION, RE: PROMOTION OF EMPLOYEES

Chairman Carlson recognized Conrad White as Director of Natural Resources Management, and Virginia Barker who was promoted to the position of Natural Resources Management Section Supervisor; and extended congratulations to Mr. White and Ms. Barker.

RESOLUTION, RE: PROCLAIMING H.O.P.E./P.A.T.H. CLINIC RECOGNITION DESIGNATION

Commissioner Higgs advised a lot of people worked hard for the opening of the Clinic; and the Board wants to recognize their efforts. She read a resolution proclaiming H.O.P.E./P.A.T.H. Clinic Recognition Designation.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution proclaiming H.O.P.E./P.A.T.H. Clinic Recognition Designation, and recognizing the outstanding collaborative efforts of various agencies to tackle the difficult health problems in the community. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Lisa Inborone, who advised it has truly been a labor of love for all of them; and accepted the Resolution on behalf of Health First, Palm Bay Community Hospital, HOPE, the Health Department, the volunteer physicians, and Don Lusk. She stated they have social workers in their office working with the same clients they are working hard to keep healthy and productive members of society, and doctors who are working with volunteer physicians and nurse practitioners. She stated they opened their doors two weeks ago and are seeing 25 to 30 patients a day; and she cannot tell the Board how awesome it is.

Commissioner Higgs stated everybody has come together to make it happen; and it is important to tell people where it is located and how they can access the services. Ms. Inbornone advised they can call 434-1740 that will connect them to the Intake at HOPE Central Clinic on Hickory Street, and they will connect them to the Clinic on South Babcock in Palm Bay by St. Joseph's Church. She stated like other qualifying programs of the Health Department, HOPE is 150% of the federal poverty guidelines and below who are uninsured. Commissioner Higgs stated Ms. Inbornone has done a great job and pulled together other partners.

Commissioner Colon stated even though it is in Palm Bay, it is for people in Valkaria, Grant, and South Melbourne also; and to be open just a short time and have 25 patients a day says there was a need. She stated Ms. Inbornone knew that and did not give up even though she had a lot of obstacles; and thanked her on behalf of the entire community for her hard work.

RESOLUTION, RE: COMMENDING EAU GALLIE LITTLE LEAGUE 9/10-YEAR OLD
ALL STAR SOFTBALL TEAM

Chairman Carlson read aloud a Resolution commending the Eau Gallie Little League 9/10-year old All Star Softball Team for winning the State Championship, and recognized the coaches and each player; and presented the resolution to the Team.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution commending Eau Gallie Little League 9/10-year old All Star Softball Team for its outstanding athletic performance in winning the State Championship. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCES FROM CITY OF TITUSVILLE, RE:
ANNEXATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to acknowledge receipt of Ordinances 18-2001, 19-2001, and 20-2001 from the City of Titusville, annexing 1.3, 1, and 4- acre lots at 445 South Carpenter Road, found to be consistent with Florida Statutes, Chapter 171. Motion carried and ordered unanimously.

ADDENDUM TO LEASE WITH DEPARTMENT OF INTERIOR'S MINERALS MANAGEMENT
SERVICE, RE: USE OF OUTER CONTINENTAL SHELF SAND FOR SOUTH REACH
PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Addendum to Lease with Department of Interior's Minerals Management Service for use of the Outer Continental Shelf sand for the South Reach Project. Motion carried and ordered unanimously.

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

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Memorandum of Agreement with Florida Department of State, Division of Elections, for disbursement of funds in accordance with the 2001-02 General Appropriations Act for voting systems assistance. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-5-01-55, RE: REMOVAL AND DISPOSAL OF SOLIDS

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to award Quote #Q-5-01-55, Removal and Disposal of Solids, to Containment Services, Inc. at $36,125 for the South Central Treatment Plant. Motion carried and ordered unanimously.

AWARD AND EXECUTION OF CONTRACT, RE: VOLUNTARY LONG-TERM DISABILITY
INSURANCE

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to award a Contract for voluntary long-term disability insurance to The Standard Insurance, effective January 1, 2002, with a two-year rate guarantee; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

AWARD AND EXECUTION OF CONTRACTS WITH DELTA DENTAL INSURANCE
COMPANY AND COMP BENEFITS CORPORATION, RE: VOLUNTARY DENTAL
INSURANCE

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to award voluntary dental insurance to Delta Dental Insurance Company and Comp Benefits Corporation beginning January 1, 2002, with two-year rate guarantees; and authorize the Chairman to execute the Contracts. Motion carried and ordered unanimously.

AUTHORIZATION TO ENDORSE CHECK, RE: CONTRIBUTION FROM BELLSOUTH
TO BREVARD TOMORROW

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to authorize the Chairman to endorse BellSouth's contribution check to Brevard Tomorrow in order to deposit it into the correct account. Motion carried and ordered unanimously.

*Commissioner Colon's presence was noted at this time.

AGREEMENT WITH EAST COAST ZOOLOGICAL SOCIETY, RE: TDC GRANT

Chairman Carlson inquired if consistency of audit language and submission of IRS Form 990 are included in the Agreement; with County Manager Tom Jenkins responding he does not recall that coming up previously. Chairman Carlson stated at the last workshop Kay Burk requested whenever the County does grant agreements, they should submit appropriate tax return information by IRS Form 990. She stated that is in the handbook for the cultural arts organizations; and Ms. Burk is trying to make that consistent throughout all the County's grant programs. Mr. Jenkins stated he does not believe it is in the Agreement, so the Board may want to include it in the motion. Chairman Carlson inquired about the consistency of audit language; with Mr. Jenkins responding that is included.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to execute Agreement with the East Coast Zoological Society for a TDC grant for partial funding of the African Exhibit, Phase I, amended to include consistency of the audit language and submission of IRS Form 990. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VII, DIVISION 5,
SECTION 62-3000, STANDARDS FOR OPEN SPACE SUBDIVISIONS (FIRST READING)

Chairman Carlson called for the first reading of an ordinance amending Chapter 62, Article VII, Division 5, Section 62-3000, relating to standards for open space subdivisions.

Planning and Zoning Director Mel Scott advised the ordinance contains 23 amendments to the Open Space Ordinance as a result of the Board's workshop; the amendments define terms, including the formula and methodology for calculating open space and development yield; and it requires if a homeowners association is selected to maintain open space, that be recorded prior to filing the plat, and the homeowners association membership be required. He stated the ability of an open space subdivision to satisfy open space requirements with active open space has been reinserted into the proposed ordinance; and the ordinance remains voluntary for use by the development community and relies on incentives to deliver open space that would not otherwise be required for subdivisions. Mr. Scott advised the Office of Natural Resources Management reviewed the ordinance and suggested 16 modifications, which further clarify the intent, improve enforcement, and modify the active open space requirement to encourage such uses but not mandate them. He stated the Planning and Zoning Office concurs with the modifications and could insert them into the proposed ordinance prior to the second and final reading scheduled for September 11, 2001.

Douglas Sphar requested the Board implement a strong open space ordinance; stated quality of life is one of the chief economic assets; and seldom do quality high-paying enterprises choose to locate in areas that do not offer enjoyable places to live. He stated a strong open space ordinance could be a key element in management of growth so the quality of life is maintained and economic growth is sustained. He stated the ordinance should be implemented in a way that closely resembles the methodology set forth in Randall Arendt's Manual, Conservation Design for Subdivisions, which cites studies and data that show there are good business reasons for developing an open space subdivision. Mr. Sphar stated properties in developments with open space sell quickly and at a premium over conventional subdivisions; quality open space subdivisions tend to appreciate in value faster than properties in conventional developments; and that increases property values, which will result in increased property tax revenues to the host communities. He stated developers have a trait of automatically being scared of any proposal that would change the way they do business no matter what the merits are, like the turmoil over the performance zoning; and what better way to market the ordinance than to bring Mr. Arendt to Brevard County for a forum with the development community. He stated he knows Mr. Arendt does that because he saw a news article where he was featured at a forum in Kalamazoo, Michigan, attended by over 100 planners, developers, elected officials, real estate agents, and others involved in development; and suggested the Board task Mr. Scott to set up such a forum in Brevard County.

Mary Sphar advised the open space ordinance is a positive initiative; however, changes are needed if it is to effectively conserve natural resources. She stated it needs to ensure the intent of staff to preserve all wetlands on site is carried out through the ordinance; that means spelling out in no uncertain terms that all wetlands shall be preserved; and that could be done in Section C.1, Primary Open Space Areas. She stated the maximum percentage of open space credit that can be given for wetlands is ambiguous; and 50% maximum in Section C.2, Secondary Open Space Areas, would be clearer if placed in the Primary Open Space Areas. She stated preserving an adequate amount of upland open space has been a problem in the ordinance since day one; upland open space includes valuable scrub habitat and land for greenways and trails; and the latest draft contains a new way to eat into the amount of undeveloped upland open space. Ms. Sphar stated it requires a minimum of 1% be used for active recreation areas with supporting infrastructure, but fails to establish a maximum credit for that purpose. She noted no one is saying do not have active recreation facilities, but do not count them as part of the permanent open space; to remedy the deficiency in required upland open space and sensibly deal with the active recreation issue, the Office of Natural Resources Management has suggested ordinance changes; and recommended the Board add all the changes to the ordinance. She stated she prefers the textbook Arendt model for the ordinance; however, in the real world compromise is often necessary; and Natural Resources suggestions are reasonable and workable compromises they might all agree on. She requested the Board incorporate those changes in the ordinance and spell out requirements for wetland preservation and the percentage of open space credit that can be given for wetlands.

Cheryl Ann Barnes thanked the Board for development of a farsighted ordinance; and stated its efforts to accommodate continuing need for housing, while attempting to protect fragile resources and essential wildlife habitat, may preserve the unique environment of Brevard County. She stated after reviewing the proposed ordinance, she has several questions; Section B.3 states, "At least a minimum of one percent with no less than one tract of 15,000 square feet of minimum required secondary open space shall be developed as active recreation area with supporting infrastructure"; and inquired if that means the developer can designate 99% of the required secondary open space to be developed as an active recreation area, or was the intent to limit the amount of active recreation to no greater than one percent. She stated that inconsistency has also been noted in the Natural Resources Management Office's comments pertaining to the proposed ordinance. She stated passive recreation spaces are more compatible with conservation areas; and requested the Board change the active recreation credit to no more than one percent. Ms. Barnes advised Section F.1 concerning management and maintenance of open space, states, "Open space lands may be considered for use as active agricultural or forestry operations with the owner of such lands retaining title to property while placing a permanent private conservation easement on the proposed open space"; Section F.2.c. states, "An owner or homeowners association may transfer open space to a private or nonprofit organization whose purpose is to conserve open space, farmlands, and/or natural resources"; and inquired if that means a developer could purchase a 400-acre parcel, develop 200 acres incorporating increased housing densities afforded by the open space subdivision ordinance and satisfy open space requirements by converting the remaining 200 acres to agricultural use and place a conservation easement on those acres. She stated 200 acres of agricultural land and an environmental easement to protect it from future development is better than 400 acres of development; however, "pre-existing" should be substituted for "be considered for use as active" in that section as recommended by Natural Resources in order to preclude conversion of open space into agricultural use for the express purpose of increased density development. Ms. Barnes stated the long-term interest of Brevard County residents will be well served by the open space subdivision ordinance; and thanked the Board and County staff for their efforts in developing the ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to incorporate the recommendations of the Office of Natural Resources Management in the open space subdivision ordinance in sufficient time so interested parties will have time to review it before it comes back for a final reading; and consider arranging a forum.

Chairman Carlson inquired if the motion includes clarifications of questions from Ms. Barnes and Ms. Sphar; with Commissioner Scarborough responding staff could consider them as part of the redraft.

Commissioner O'Brien stated 1% of 100 acres for active recreation is one acre, which is woefully insufficient for any neighborhood. Mr. Scott stated if Commissioner O'Brien is concerned about opportunities to gather for picnics or recreate, that opportunity is available in a subdivision that utilizes the open space ordinance without active open space features such as ball fields, soccer fields, and things of that nature. Commissioner O'Brien stated North Merritt Island is surrounded by jungle and there are no open fields. Mr. Scott stated if the active open space is not mandated, and the developer sought to market his subdivision with an active open space amenity, the County would allow that; and having it as a voluntary standard, may result in more active open space amenities, but they do not count towards the open space percentage.

Commissioner Higgs stated developers can do what they want in terms of active open space, but would not get additional density credits for that; however, they get additional density for open space that is preserved. Mr. Scott stated that is correct, and many times a developer chooses to provide active open space and market his subdivision around that, such as a community pool. He stated right now it is mandatory to provide some active open space, but with the motion that is on the floor and following through with Office of Natural Resources Management's recommendations, it would soften that to become a voluntary option.

Commissioner O'Brien suggested raising the 1% to 2%, because in affordable housing areas, developers may give only 1%; so the Board may need to reconsider that percentage. Mr. Scott stated it is a voluntary ordinance; and if the Board is looking at incentives to entice developers to use the ordinance, the requirement to provide active open space that would not be included in a traditional subdivision may be a deterrent in certain scenarios. Commissioner Colon stated if she recalls correctly, Commissioner O'Brien was focusing on an area like a playground, or some place where a few families can get together and not the entire community, and where there will not be a lot of pavement but a lot of green space and landscaping. She stated that is not asking for a lot; staff is trying to add incentives, but Commissioner O'Brien suggested a very good point; and she does not see that included. Commissioner O'Brien stated his concern is that there may not be sufficient room for a children's playground, and places for barbecues and for neighbors to meet; and although the concept is wonderful, he hopes the Board is not thinking of units that cost $125,000 instead of $65,000, which may change the picture.

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

SPEED HUMP REQUEST, RE: GREENHILL STREET

County Manager Tom Jenkins read a memo to the Board from Traffic Engineering Director Dick Thompson, as follows: "In accordance with speed hump criteria approved by the Board of County Commissioners on August 3, 1999, it was directed that four of the five criteria must be met for approval, but that the Board may choose to deny speed humps where the circumstances and impacts dictate, even though the criteria may have been met. The re-survey of affected residents resulted in 38 out of the 142 surveyed, or 27% giving their approval to speed hump installation. This re-survey has indicated that three out of five of the criteria for speed hump installation were met, which does not meet the four out of five Board requirement."

Commissioner Scarborough advised the memo of July 17, 2001 says, "This study has indicated that four out of five of the criteria for speed hump installation were met." Traffic Engineering Director Dick Thompson advised that was the original memo that came from the first survey. Commissioner Scarborough inquired if when staff resurveyed, were the criteria not met; with Mr. Thompson responding that is correct.

Jay Adamson stated if he was asked if he wanted speed humps on his street, the answer would be no; and if he was asked if he wanted speeders to slow down, the answer would be yes. He commended the Board for its tribute to the Little League team; stated he was a coach and cannot imagine how it would be to have an empty spot on his team because one of them was hit by a lead-foot driver; and there are some lead-foot drivers on Greenhill Street. He stated they go through the area entirely too fast; now that school is back in session, groups of children are out there at 6:00 a.m. when speeders are going to work; and inquired if they cannot get speed humps, what else can they do. He stated he will accept any alternative just to slow them down.

Tina Way Burke advised this is the third time she has been before the Board on the same subject; less than 40% of the people returned the second survey; out of 179 people only 70 returned them; but when she did the original survey, she had 107 signatures. She stated they can say they were misled or did not know, but everybody had the opportunity to read the survey she issued two years ago; they could send out another survey in six months and get a totally different perspective because since the original survey, nine new homes were built on Greenhill, and double that amount of people moving in and out of rental properties. She stated staff cannot get an accurate count by sending a survey out by mail, but it could be done on foot. Ms. Burke stated it was not proven at the last meeting that anybody was misled when the original petition was done; they still do not have any means for their children to be safe on the street; and to say their children should be confined to the backyard is coming from selfish people because it is not just the children, but everybody. She stated at the last meeting she brought the Board several instances where there were accidents on the corner of Pleasant and Greenhill and near misses; and recently a 16-year old boy lost control of his car coming up Greenhill and ended up in Jim Wall's yard. She stated they called the Traffic Engineering Department many times trying to get signs erected showing a hidden driveway; the boy took out the mailbox and left the scene; and if someone had been walking on that sidewalk, that person would have been killed. She stated they called the Sheriff's Office but no one showed up, so she hunted him down and found his car, wrote the tag number down, and before she could get back to the property, he followed her because he knew she was at his house. She stated the deputy showed up, but the child was not given a ticket; he was told to come back the next day and help clean up the mess; and that is the kind of response they get from the Sheriff's Department. Ms. Burke stated the high school and middle school have earlier start times; the last time the bus stop was in her front yard; she has pictures of them standing at the bus stop in the street and their backpacks laying in the road on Greenhill at the most dangerous intersection with Pleasant; and there has to be something done. She stated the latest survey does not show what the residents truly want; four or five residents may be here and will swear nobody knew what they should do; and they have no children or may have raised their children years ago when there were only five to ten houses on Greenhill. She stated it is only a matter of time before someone is killed; and when that happens, it will become a legal issue. She stated this has been brought up over the last two years; and they have done everything they could possibly do, spending hours, months, and years in reference to the issue because it is important. Ms. Burke stated her child will be ten and rides his bike to school; it is exactly 11 blocks from her house to Challenger 7; it is 14 blocks from her house to Atlantis Elementary where most of the children ride their bikes to; and from her house to Fay Boulevard there are four bus stops, but from her house to the end of Greenhill in either direction there is only one bus stop. She stated all the children walk up Greenhill and meet at Pleasant; that is where most of the bus stops are, all the way to Fay; and she does not know about the traffic on Pleasant, but knows about the traffic on Greenhill; and it is a serious issue. Ms. Burke stated if four of the five criteria were not met, it is because people did not respond; they do not care; they have heard enough of it; it is not important to them; and if they felt they were mislead and it was important, they would have responded and been here at this meeting; but it is only the same people who come all the time. Ms. Burke presented pictures to the Board; and stated the new start times for school puts children on the street from 7:15 a.m. to 8:30 a.m. when people are rushing to get to work.

Harry Penley advised at the last meeting, the proposal was postponed for further study; apparently a survey was sent to the residents on Greenhill Street; and he has lived on Greenhill for 18 years, but did not receive a survey or letter from the County advising of the progress in this matter. He stated he did get a copy of the last survey from another resident on Greenhill, otherwise he would never have known what was going on. He stated he does not know why he was not listed, and wonders how his nonparticipation affected the survey. Mr. Penley stated since the last survey, he observed several instances and heard fire sirens going down Fay Boulevard, to Grissom and turning on Greenhill to go to a fire at the far end of Greenhill; the reason he was concerned about that is because the Fire Department is at the other end of Delespine, which has a straight shot and short block over to Greenhill where they needed to be; and they had to unroll about 500 feet of hose to get to the fire hydrant, but if they had gone down Delespine, they would have seen the fire hydrant that was only about 100 yards away. He stated the fact that they took the other route indicates they do not like going down streets with speed humps; and inquired what will happen to their fire service if Greenhill gets speed humps, because the fire trucks will take the longer route to get there.

Lori Carver stated she has a copy of the survey if the Board wants to see it; there were 181 people surveyed; 45 homes were empty or vacant, leaving 136 residents; and at 75% that would be 102 and not 107, which was the only criteria that made them eligible to get speed humps. She stated Ms. Burke did go door-to-door, but everyone did not realize she was talking about nine speed humps; and that was the issue that came before the Board. She stated the County resurveyed by mail to make sure everybody was aware that there would be nine speed humps; the County also put in the April 2, 2001 letter that 75% of the affected residents would have to return the survey to meet the criteria; and it included information about rescue units, children, etc. Ms. Carver stated she lives on the corner of Greenhill and Grissom; her son is now 22 and her daughter is 18, but she lived there for many years; and she has a bus stop in her driveway, which was supposed to be on the corner of Greenhill and Grissom. She stated when her children were in school, she made the bus stop in her driveway so the children would not have to stay on the street; on days when it rained, she would open her garage door so they could go into her garage; and the bus driver knew to pick up the children from her garage. She stated since she no longer has children in school, she does not open her garage door because she is not up that early, but the children are still being picked up from her driveway, which is fine. She noted maybe Ms. Burke could do the same and offer her driveway for the children so they would not be on the road. Ms. Carver stated the County sent out a new survey and missed two people, so that would be 179; 45 were empty, leaving 134; and only 38 said they want the speed humps. She stated the County took the time to resurvey the area, and it came back right because the first time the people were not informed there would be nine speed humps; the letter was specific about the rescue units and number of speed humps; and the ones who wanted to, sent the survey back. She stated she has a letter from Fire Chief William Farmer which says speed humps slow down his vehicles. She stated the house mentioned earlier could have totally burned down if they had speed humps because the fire trucks do not detour through side roads where speed humps are. She stated the survey was done the proper way this time; everybody had a chance to send it back; and what the Board has is the outcome.

Commissioner Scarborough stated the Board can look at things from a distance and try to understand, be it zoning or speed humps; but nobody understands the neighborhood better than the neighbors; and by saying 75%, the Board is asking the majority of the neighbors what they think. He stated the County staff has been out there; there has been a lot of public discussion; if the survey was 10 shy, he could say there may have been a problem; but it is substantially short of coming close to the criteria which are applied uniformly. He recommended the Board defer action on the request for speed humps because the criteria were not met.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to deny the request for speed humps on Greenhill Street. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the County Manager to contact the Sheriff and inform him there is a problem on Greenhill Street, and ask that there be a presence there, particularly before and after school hours. Motion carried and ordered unanimously.

APPROVAL, RE: TDC REVISED OPERATING PROCEDURES MANUAL

Tourism Development Executive Director Rob Varley advised the requested changes to the Operating Procedures Manual eliminate the term limit and provide for appointments to the
cultural events grant panel from the community instead of just the Brevard Cultural Alliance Board. He stated the TDC reviewed the Florida Statutes, which allow four four-year terms, and felt the Manual should be consistent with the Statutes. He stated the intention was for consecutive four-year terms, but the wording was not in there; and the concern was that it would disallow a couple of members who are currently serving on the TDC. Mr. Varley advised the TDC appoints the cultural events grants panel; it has been limited to selecting members from the Cultural Alliance Board only; and it is requesting consideration of other members of the community who may be involved in the arts and historical areas.

Commissioner Higgs suggested the TDC members only serve two consecutive four-year terms with partial terms not applying towards the four-year terms. She recommended the following language be inserted in the Ordinance: "TDC members are limited to serving two consecutive four-year terms beyond any partial term they may have filled." She stated it recognizes people who were appointed to partial terms and that the Council needs to rotate its membership; there are a lot of people who are in the industry and can serve; and recognition of the value of rotating membership should be included in the Ordinance.

Chairman Carlson inquired if that language is inserted at that date, would it affect those who are serving now, and someone whose term ends could do another full four-year term; with Commissioner Higgs responding yes.

Commissioner O'Brien advised term limits should not apply to the TDC; and they are people in the industry who are very interested in the community, objectives of the TDC, other people involved in the tourism industry, as well as the funds it receives. He stated the continuity of their intelligence and dedication is very important to the tourism industry; and if rotation is important, Commissioners have that opportunity to change their appointees. He stated when he became a Commissioner, he replaced Rusty Fisher with Roger Dobson; and six years later he appointed Rusty Fisher because he is important to the industry, volunteers a lot of time, and has been exemplary in his performance. He stated he cannot support the motion because the members are volunteers who are not paid to do it; and tourism is an important industry that deserves people who are involved and have sharp points of view on the Board of Directors.

Laurilee Thompson echoed Commissioner O'Brien's statements; advised the members are volunteers; and every four years Commissioners have an opportunity to switch the members if they wish to, so there is no need for term limits. Commissioner Scarborough stated he agrees with Ms. Thompson that Commissioners have the ability to make changes to the membership if they wish.

Motion by Commissioner Higgs, to include the following language: "TDC members are limited to serve two consecutive four-year terms beyond any partial term they may have filled." Motion died for lack of a second.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the revised TDC Operating Procedures Manual with amendments as recommended by the TDC.

Chairman Carlson recommended audit language for consistency in awarding grants and quarterly reports from the TDC covering the Zoo and Brevard Cultural Alliance being provided to the Board be included in the motion.

Commissioners O'Brien and Scarborough did not object to the amendments to the motion posed by Chairman Carlson. Chairman Carlson called for a vote on the motion as amended. Motion carried and ordered; Commissioner Higgs voted nay.

APPROVAL, RE: TDC 2001-02 CATEGORY C, CAPITAL FACILITIES GRANT
PROGRAM HANDBOOK

Tourist Development Executive Director Rob Varley advised the major issue is the TDC recommended opening the Capital Facilities Fund for grants; and at its last meeting, it voted unanimously to open the monies for grants, and requested the Board allow it to advertise that the money is available. He stated the TDC also removed the cap; and the last time it did grants in the Capital Facilities area, it limited grants to $25,000. Mr. Varley stated there is half a million dollars in the Capital Facilities Fund; and the TDC is recommending any municipality or nonprofit organization can request up to that amount with one-to-one matching dollars.

Commissioner Higgs recommended delaying a decision on the Capital Facilities funds for a couple of months, until after October 1, 2001, or until the Board knows what the federal government is going to do with the beach money in case it is needed to go towards matching federal funds.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to delay approval of TDC 2001-02 Category C, Capital Facilities Grant Program Handbook, until after October 1, 2001.

Commissioner O'Brien stated he cannot support the motion because he does not think the Board can use those funds to match a grant for beach renourishment; and the present formula for funding the beach renourishment program can be changed by the TDC at any time. Commissioner Higgs stated the TDC cannot change it, but the Board can. Commissioner O'Brien stated the TDC can come to the Board and request a change. He stated a lot of projects would come forward that have little to do with tourism and more to do with gluttony; if someone wants to build a convention center or project that may cost millions of dollars, and the TDC doles out $100,000 here and $20,000 there, etc., it would not have sufficient funds to match that type of project; and if it wants to play with the big boys, it needs big money. He stated TDC has a tendency to spend every dime; beach money was almost gone until the Board stopped spending of that money and started saving it; it had enough to make a local match; and if it did not close the doors on that money, it would not have been there. Commissioner O'Brien stated he would like to have the Capital Facilities Fund stay closed for a long time; $544,000 is insignificant when talking about a multi-million dollar project to enhance tourism; and if it is opened, the money will be piddled away.

Chairman Carlson stated she serves on the TDC representing the Board; they do not know what kinds of capital projects are out there; no one has come to the TDC with a project, but she heard talk of things that may be of interest; and the TDC should be allowed to hear those. She stated she is interested in preserving the funds if possible and including the consistency issue regarding audits and the IRS Form 990, which are not specified in the handbook. She stated the language was extracted from the Cultural Grants Handbook, so she called Kay Burk and asked her if there were details she could recommend in terms of capital facility projects. She requested Ms. Burk share the information she found with the Board.

Kay Burk, President of Brevard Cultural Alliance, advised she found a file copy of the State Division of Cultural Affairs Cultural Facilities Guidelines, which has some language; and she marked the County Community Cultural Grant Guidelines and presented it to Calina along with information on Forms IRS 990 and IRS 990EZ. Chairman Carlson stated when Ms. Burk spoke to her, she mentioned there is a rigorous nature to capital grants because of creating structures and maintaining them. Ms. Burk stated when the Board grants money for development of a facility, it needs to ensure the organization that is the recipient of the funds has management and financial capacity to handle large sums of money and credibly manage the program, so it needs to supply more documentation and be more detailed in its reporting than what is required for smaller grants. She stated the State looked at some things it required and she has some of those in the County Community Cultural Grant Guidelines, but there are others in the handbook that she will provide to the TDC, work with the TDC on that, and could contact the Division of Cultural Affairs to get more information if needed. Chairman Carlson stated Ms. Burk brought up the issue of IRS 990, audit language, and things of that nature, to make it consistent throughout each grant handbook. Ms. Burk stated the boards of directors and officers need to certify reports are accurate and make sure audit reports include all the detailed pages so the Board has all the information an auditor may find; and that is laid out in the State Guidelines. She stated there are other things about matching funds, architecture, etc. that may need to be considered; and she will work with the TDC on those issues.

Chairman Carlson stated she would like for BCA to work with the TDC and look at some of the capital requirements; she has the same feeling Commissioner O'Brien does about letting that nest egg grow, but would like to give the TDC an opportunity to hear what kinds of projects are out there; and if it desires to bring in a project, qualify it, and say it is worthy of opening up the Capital Facilities Fund. She noted there is an interest to use the money. Commissioner O'Brien stated there is a lot of interest to use the money; and inquired if Mr. Varley can name a few projects; with Mr. Varley responding they have people looking at an amphitheater and sports facilities, etc.; and if it is opened, there will be a line out the door. Commissioner O'Brien stated most of the conversation has been about accountability; but his concern is about the necessity at this juncture and accountability later. He recommended TDC bring back accountability standards and rethink its position about spending the money since there is not enough to help anybody do anything. He stated when a big project does come in, TDC better have the money, or the sources will be asking for another penny tax, which deeply concerns him.

Commissioner Higgs stated it may be wise to give it more time beyond October 1, maybe 90 days to give TDC an opportunity to look at what criteria it may want to include in the grant handbook and the Board can review that criteria before it goes out. Chairman Carlson stated the handbook contains criteria. Ms. Burk stated the application requires they establish need and research to show there is a strong community need and the data to back that up. Commissioner Higgs stated the criteria established allow almost anything to fall within the category; and Commissioner O'Brien made the point of having guidance as to what would be acceptable and useful and get priorities in terms of what the Board would fund.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to amend the motion to table the TDC 2001-02 Category C, Capital Facilities Grant Program Handbook for 90 days, and include the issues of audit consistency, IRS Form 990, and criteria for projects.

Chairman Carlson stated the handbook says, "Clear definition of how the project will contribute to new or improved tourism," and lists, "demonstrates opportunities for tourism development; has municipal/county, multi-county, region, or State impact; has national/international impact; has high visibility"; and she does not know if the Board can go above and beyond or more specifically to the County. Commissioner O'Brien stated that could be a hotdog stand, which has high visibility and attracts tourists.

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

The meeting recessed at 6:54 p.m., and reconvened at 7:03 p.m.

*Commissioner Colon's absence was noted at this time to return to the Canvassing Board.

DISCUSSION, RE: 2002 LEGISLATIVE PACKAGE

County Manager Tom Jenkins advised Legislative Coordinator Carol Laymance took the same items previously provided to the Commissioners and categorized them into groups to give some perspective; and those groups are: New Legislative Initiatives, New Local Funding Requests, Statewide Legislative Issues, Support of State Budgeted Items, and Repeat Legislative Appropriation Requests. He stated Item E.16 needs to be changed from Astrotech to Spaceport Transportation Project.

Louis Rossi, representing the Veterans, thanked Keep Brevard Beautiful for its tremendous job at the Veterans Center; and advised the veterans are trying to save 50 acres behind the Veterans Center from construction. He stated it may seem like a lot of money to pay for the property, but to improve all the roads in that area and disrupt the traffic and businesses could cost $30 million; and described the road improvements that would be necessary on Cone Road, Courtenay Parkway, Fortenberry, Plumosa, and entrance to Merritt Square. He stated a traffic signal and swale area are needed; and there are big developments being built in the area. He stated if they can save the land for the citizens, they can save $30 million in road improvements. Mr. Rossi advised Tom Wasdin said he would accept whatever the appraised value of the property is; the purchase will maintain the pristine area and provide for possible expansion of the museum on the property; and he would like to see a 400-seat meeting room for the people of Merritt Island because they do not have a decent meeting room at this time. He stated the veterans have a 200-seat meeting room at the Center, but it fills up quickly; so there is a need for a larger meeting facility on Merritt Island.

Bob Holloway advised the Standdown they have every year in District 4 has less than $100 in the bank, so they will be coming to the Board for funding later in the year.

Ken Baker and Ed Walsh, representing the Veterans Memorial Center, stated they are in favor of purchasing the property.

Marshall Gilmore advised he was a city and county attorney in Oregon and knows what the Board goes through with projects; he got involved as a concerned citizen on a volunteer basis with a group of people at the Veterans Association who have been looking at this property; and he has not seen a project that is so positively aligned as this one. He stated it will be a tremendous asset for the County and downtown area of Merritt Island; he agrees with the points in the letter about being able to get into the lagoon, kayak, and have study areas and camping for boy scouts, etc.; and it is a win/win situation for many constituencies. He stated everybody in the neighborhood will be able to walk or bike to the park; it will preserve open space on the lagoon for the downtown area; and the seller wants to see it created as a park, and is flexible with the terms of the sale. He stated he had a chance to talk to the Trust for Public Lands in Tallahassee and described the project; the Trust is excited about it, and feels the project meets its criteria; and that would offer a conduit that would accelerate the possibilities of bringing the property on line as a park. Mr. Gilmore advised they do not have any access to water south of SR 520 for about 15 miles other than the edges of Pineda Causeway, so this project will be a plus; and he is willing to continue working on it as a volunteer to help get the financing and dialogue with the Trust for Public Lands to make this project happen. He noted it could be called the Merritt Island Town Center Park to define the area and bring together the commercial entities; and it will also take care of stormwater runoff that is currently going into the lagoon, so there is an environmental aspect. He stated the west side has heavy tree cover and native vegetation; there are great educational opportunities, and a place for Fourth of July and Memorial Day celebrations; and it fits in perfectly with what the veterans are doing. He suggested the County move as fast as possible and not rely on legislative funding, because with creative work, they can get other funding and bring the property on line quicker.

Chairman Carlson suggested Mr. Gilmore work with Mr. Lusk and the staff responsible for this item and work with the Trust for Public Lands. She stated the Board is supportive of the project; it is nice to have everyone lined up so it will be fairly easy to bring the project together; and anything Mr. Gilmore can do to help the veterans and project will be great.

Commissioner O'Brien advised he talked to Marguerite Engle, former Director of Keep Brevard Beautiful, and she mentioned that St. Johns River Water Management District is in a position now to work with the County in acquiring the Trust for Public Lands funds if possible, and may have an interest in quite a bit of the property as a purchase for public use; so they are looking at that form of funding as well, although the State can help the County buy Merritt Island Central Park or whatever they want to call it. He stated the map refers to a passive park, but part of it would be good for an active park; there is a need for new ball fields, campgrounds for boy scouts, etc.; so it can be well utilized by the entire community, including Cocoa Beach and Cape Canaveral. He stated the County should have capital acquisition funds in Parks and Recreation that could be considered; the County bought a sports complex in Palm Bay; and this is a fantastic opportunity and may be the only opportunity to acquire the property and use it for the public good. Commissioner O'Brien advised it is a fantastic location; the pond to the left is one of the most superior environmental projects in Brevard County because the runoff goes into the pond and is cleaned before going into the Banana River; and hopefully the Board can find a way to help acquire the property and turn it into a great public place for people.

Chairman Carlson stated it is too bad the Board did not have the information last year and could have included it in the Parks Referendum. Commissioner O'Brien stated the Board has purchased parks in the past without referendums and it can be done again; this is one the Board should seriously look at; and it is an opportunity to buy the property and have something to pass down to generations as the best purchase ever made. Commissioner Scarborough stated if the Board goes for the sales tax a year from November, the property could be considered for purchase with sales tax revenues. Commissioner O'Brien stated the developer wants to move forward, but he does not know about the timing. Mr. Jenkins stated that is where the Trust for Public Lands can come into play because it can hold the property for the County. Mr. Rossi stated Mr. Wasdin said he would take 10% as down payment to hold the property.

Chairman Carlson advised Ms. Laymance gave the Board the Legislative Package regrouping the requests into categories; and the repeated comment she got from the delegates is to have some priority on items the Board has in the package. She stated she told them they were all important, but as things come down to the wire and they can push for certain pockets of money, they need to know what the Board's priorities are. She stated if the Board wants to repeat last year and have them waffling out there, it can submit the package as it is; but if it does not, it may want to consider looking at priorities. She suggested each Commissioner pick the top eight items he or she considers as priorities.

Commissioner Scarborough stated that could be divisive because there are some things that will benefit certain districts more than others; at the luncheon meeting with the Delegation, the Board will begin to know which ones are more viable and which are not; but a rating system will begin to hurt the Board rather than help it in the long run.

Chairman Carlson inquired if Ms. Laymance heard any comments in Tallahassee from the Delegation or their concerns with items the Board brings forward in the package; with Ms. Laymance responding not really. Mr. Jenkins stated he heard it increases the chances of success if there are fewer items as opposed to a laundry list; and what Commissioner Scarborough is saying is to get feedback from the Delegation then see which items have the highest chance of getting through and start to do some prioritization after that.

Chairman Carlson stated the Delegation is meeting September 18, 2001. Mr. Jenkins advised the Board has a meeting scheduled with the Delegation in December. Commissioners Scarborough, Carlson, and Higgs expressed concern about the timing of that meeting; and Mr. Jenkins stated it was availability, mostly because of Commissioners' calendars. Commissioner Scarborough stated he would be willing to cancel things because this is important; with Mr. Jenkins responding they will try again.

Commissioner O'Brien questioned the items with same numbers; with Mr. Jenkins responding Ms. Laymance threw together the package very quickly as a result of discussions with the Chairman's office; however, they are the same items on the other list that were put in groups, so the numbers may be wrong. Chairman Carlson stated the Board talked about meeting with the Delegation prior to its meeting; with Mr. Jenkins responding the Delegation declined.

Commissioner Higgs stated she does not mind getting feedback from the Delegation to see what is viable then try to set priorities, but the Board should set the highest cost priority items at the top of the list.

Chairman Carlson stated the Board needs some input in terms of regional and State impacts; and it needs to give the Delegation additional direction, more so than it did last year, so they do not feel like they are put in a position where they have to make a decision or lose it.

Commissioner Scarborough stated Brevard County has a new Delegation, and the conversations at the luncheon last year were substantially less productive than they had been with veteran legislators; however, this year will be more productive because they have one year experience in Tallahassee. He stated the Board needs to say they are both serving the same constituents; and if something hits that is good for Brevard County, they should run with it. He stated the Board cannot give a person in Tallahassee a list of priorities that may not work; a lot of times they can tack on to something that is coming down that may not be on the list; rather than giving them a list where the Board may find at the end of the session it did not get much, it may end up with something much greater because of the dynamic situations that evolve; and that is where he wants to be with the Delegation. He noted with Ms. Laymance up there, there should be a lot of feedback. Chairman Carlson stated she does not disagree; and having Ms. Laymance up there is beneficial; she has worked with her in Tallahassee quite a few times last year; and it has worked out well.

Commissioner O'Brien inquired if Ms. Laymance could create a list of park lands the State has funded in other counties over the last seven or ten years. He stated he has seen $11 million going to Dade County for purchase of parklands on the turkey list; and he would like some information to use as ammunition and point out to the legislators that Hillsborough County got $15 million in 1998, Dade County got $9 million, etc., and now it is Brevard County's turn. Commissioner Scarborough stated it is not just looking at funding, but looking at State parks as well; and Brevard County has half of a State park in Sebastian.

Commissioner Higgs inquired if discussions on the Merritt Island parcel included adding it to the Blueways through the CARL Program. She stated St. Johns River Water Management District is the lead agency regarding the Blueways; and it may have to amend the project, but it could be viable to add it there. Parks and Recreation Director Chuck Nelson advised the St. Johns River Water Management District has not been very active in including properties that are on Newfound Harbor, which is where this parcel lies. He stated it is not contiguous; there are not a lot of properties in that area that are in the Blueways, so it may be more difficult to get it in there; and it is not consistent with the District's acquisition patterns throughout that area. He stated staff will try to address it, but it would probably be an uphill battle to get it incorporated.

Chairman Carlson requested Ms. Laymance provide the Board with background information for its meeting with the Delegation of how the Delegates did on issues concerning Brevard County, who supported what, and how they did in terms of getting it through. She stated some Delegates had good records in doing that; and she wants to make sure the Board acknowledges that fact. She stated if there are other issues Ms. Laymance has seen up there that the Delegation has been working on that is not on the list and may be of interest to the Board, she could bring those forward also.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the 2002 Legislative Package, with addition of the child care issue recommended by Commissioner Colon and amendment to Item 16, changing Astrotech to Spaceport.

Mr. Jenkins advised staff will redo the list for the Delegation and give them new copies.

Commissioner Scarborough inquired if Ms. Laymance is going to brief the Delegates prior to the meeting; with Ms. Laymance responding it may be a conflict. Mr. Jenkins stated it is not a conflict.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to amend the motion to direct Ms. Laymance to meet with the Legislative Delegates prior to their meeting with the Board of County Commissioners.

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

Commissioner Higgs recommended Mr. Nelson work with The Nature Conservancy that also works with the St. Johns River Water Management District on the Blueways, to explore the potential of amending the boundary to include that parcel, and see if that has a chance of getting through the State. Commissioner O'Brien recommended Mr. Nelson get back to the Board in 30 days to report on the progress he made.

REPORT, RE: MEETING WITH REGIONAL DELEGATION ON TRANSPORTATION

Commissioner Scarborough advised at the MPO Alliance Meeting on Friday, there was a decision made, not only to put together a regional package for transportation, but to meet with the Delegates from the entire region. He stated it is important for all the Commissioners who can attend that meeting to be there because it is going to be very dynamic to see all the different players, including the Speaker, Chairman of the House Transportation Committee, and other big players. Chairman Carlson inquired what date is the meeting; with Commissioner Scarborough responding they just talked about it on Friday and have not gotten to a date yet.

The meeting recessed at 7:28 p.m. and convened as the Governing Board of the Barefoot Bay Water and Sewer District.

RESOLUTION, RE: APPROVING FY 2001-02 BAREFOOT BAY WATER AND SEWER
DISTRICT BUDGET

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution approving the FY 2001-02 Budget for Barefoot Bay Water and Sewer District, and have it transmitted to the Board of County Commissioners.

Commissioner Higgs inquired what does the budget represent in terms of rates for the customers; with Water Resources Director Richard Martens advising there is no increase in the rates for the third year in a row. Commissioner Higgs inquired what would the rates be if they had remained in the Government Utility Authority; with Mr. Martens responding the running totals his staff has been tracking show if it had remained under private ownership or Florida Government Utility Authority, the rates would be approximately 5.25% higher for FY 2002 than the proposed rates.

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

By motion and vote, the meeting of the Barefoot Bay Water and Sewer District Board adjourned at 7:30 p.m.

The Board reconvened as the Board of County Commissioners at 7:31 p.m.

PERMISSION TO ADVERTISE AND SCHEDULE EXECUTIVE SESSION, RE: BREVARD
COUNTY v. JOHN J. MAGRI, IV ET AL - SHORE PROTECTION PROJECT SOUTH

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize advertising and scheduling an executive session on August 28, 2001, at 11:30 a.m. or as soon thereafter as possible, to discuss strategy relating to litigation with John J. Magri, IV, et al on the Shore Protection Project South. Motion carried and ordered unanimously.

DISCUSSION, RE: AETNA-U.S. HEALTHCARE OF FLORIDA AND EXCESS, INC.
LAWSUIT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County Attorney to file a lawsuit against Aetna-U.S. Healthcare of Florida and Excess, Inc. for recovery of $215,628.62 and attorney's fees and costs for a stop loss insurance claim. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 7:33 p.m.

ATTEST: _________________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

____________________
SCOTT ELLIS, CLERK

(S E A L)