The Board of County Commissioners of Brevard County, Florida, met in regular session on October 24, 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, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Commissioner Randy O'Brien.

The Invocation was given by Commissioner Helen Voltz of District 5.

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the Minutes of August 29, 2000 Regular Meeting and September 6, 2000 Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: AGENDA ITEMS

County Manager Tom Jenkins advised Items III.D.2. and VI.E.2. were withdrawn, and Item VI.A.14 is recommended for tabling until November 14, 2000.

REPORT, RE: FLAGS AT HALF STAFF TO HONOR U.S.S. COLE MILITARY PERSONNEL

County Manager Tom Jenkins advised the flags on County buildings were flown at half staff on October 16 and 17, 2000 in recognition of the U.S.S. Cole incident and in compliance with the Presidential Order.

REPORT, RE: EAST MIMS CLEAN UP PROJECT

Commissioner Scarborough advised Juanita Barton, Bobby Bowen, and representatives from Waste Management are present to express appreciation to Waste Management for their assistance in helping to clean up East Mims.

Juanita Barton advised the community clean up was held on October 14, 2000; and Waste Management and Bobby Bowen spearheaded the project. She stated they collected over 40 tons of waste; people arrived with smiles to work in the community like they lived there; and thanked everyone for their help, support, and encouragement. Commissioner Scarborough thanked Bobby Bowen and Waste Management representatives for doing a wonderful thing for the community. The President of East Mims advised it was exciting and a surprise to see all those people come out. Commissioner Scarborough stated in another community 15 tons of trash was collected, and in East Mims 40 tons were collected, so they really cleaned it up.

Bobby Bowen thanked Linda Frank and presented a Code Enforcement Certificate of Appreciation to Waste Management.

Chairman Higgs stated what they have done in East Mims is symbolic of what can be done elsewhere; and congratulated all the people who helped with the project.

REPORT, RE: LETTER OPPOSING CLOSING OF MENTAL HOSPITALS

Commissioner Scarborough advised Chairman Higgs sent a letter on closing of mental hospitals; he has been advised they are closing 30 beds at Northeast Hospital; and recommended staff investigate that. He stated closing down the ability to deal with those who have mental problems will make it hard on the community; there are people who are incarcerated who should not be in prison because they are mentally ill; but there are no beds for them. He recommended staff work with the Chairman to send another letter on that issue.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to work with Chairman Higgs on a letter regarding closing of 30 beds at Northeast Hospital and people in prison who are mentally ill and need to be placed in hospitals. Motion carried and ordered unanimously.

REPORT, RE: CONGRATULATIONS TO LOREN RAPPORT

Commissioner Scarborough congratulated Loren Rapport with Road and Bridge who was recognized at a Keep Brevard Beautiful luncheon for the design and work he did on Grissom Parkway as the best commercial landscaping; and noted he just completed landscaping design for SR 405 and U.S. 1 which is going to be magnificent.

REPORT, RE: DEVELOPMENT REPORT CARD

Commissioner Scarborough advised the State has a 2000 development report card, which includes certain critical elements; when the County did its report, some of the data in the quality of life management did not correlate with the State and federal numbers; and if staff could key off the State report as to significant data, it may assist the County in its analysis. He stated some of the indications of failure in Florida is that it ranks 48th in the number of Ph.D. scientists and engineers, 44th in manufacturing capital investment, and 46th in high school graduation; and the Board should identify and attack the problems where it is weak, because if it is going to be a quality community, that is a method it should use. He suggested Mr. Jenkins share that report with his staff.

REPORT, RE: HEALTHY KIDS MATCH REPLACEMENT

Commissioner Voltz advised Florida Association of Counties recommended the Board send a letter to the Governor's Office and the Healthy Kids Board members encouraging them to include in the report the total replacement of the local match requirement with State funds; and it needs to be done today because the Board meeting is tomorrow.

Chairman Higgs asked staff to prepare a letter for her signature, and bring it back to the Board.

REPORT, RE: HARBOR CITY AMBULANCE ISSUE

Commissioner Voltz advised she asked Public Safety Director Jack Parker and Chief Bill Farmer to give the Board a report on the Harbor City Ambulance issue and the referendum funding, because she heard a number of things claiming the County is not up to snuff, it does not have enough paramedics, etc.

Public Safety Director Jack Parker advised in 1998, the people voted for the fire fighter support referendum for funding in FY 2000; that referendum consisted of five components; and the first is the purchase of four new fire engines annually for five years. He stated Chief Farmer put together a technical committee that created the request for proposal (RFP), which was sent out; and it was won by American LaFrance. He stated they delivered the first four fire engines in July, 2000; they are high-quality engines and have been equipped and put in service; and Chief Farmer has ordered the second set of four engines due in April, 2001. He noted the Agreement is for five years, four engines a year, for 20 engines; so over the next five years, they will have a new engine for every fire station in Brevard County. Mr. Parker stated the second component is to increase the field supervision; because of geographical nature of Brevard County, the current nine district chiefs felt they needed to increase field supervision to ensure the County is effective in the field; and the referendum asked for three additional field supervisors or district chiefs. He stated Chief Farmer promoted three existing lieutenants, and three chiefs have been put in positions the early part of this year and have been doing a tremendous job. He advised they are in the process of renovating existing fire stations; one component was to take a look at all the fire stations and put money into the fire stations that really needed to be renovated; and Chief Farmer has done that. He stated Chief Farmer put together a team that is going over each fire station; and two of the main projects are completed--the razing and rebuilding of the fire station on Alma Boulevard on Merritt Island, and interior renovations of the station on SR 520. He stated those plans have been done; and he has time lines which he will put in his report to the Board so it can see that they are on schedule. Mr. Parker stated the most important component is adding the third fire fighter; prior to the referendum, most fire engines had two-person staffing; and the referendum provided funding for an additional 60 fire fighters who could be hired on October 1, 1999. He stated they have hired all 60 fire fighters, trained them, and placed them on the engines. He stated the last component is the upgrade of all fire engines from basic life support to advanced life support service which requires placing a fire fighter/paramedic on every fire engine 24 hours a day, 7 days a week; he and Chief Farmer discussed it and decided to render the service as fast as possible since they were getting the funding; most agencies would take two or three years to get that done; they gave themselves to October 1, 2000 to do it; and they have never seen that kind of transition in that quick a time, but felt they owed it to the citizens for their support. He stated Chief Farmer and his staff upgraded all 20 fire engines to ALS third person in a single year, effective October 1, 2000; and the service to Brevard County citizens have more than doubled because of the additional fire fighters and the enhanced level of service they will be able to provide as a result of paramedic care. He stated all the deadlines they said they were going to meet have been met or exceeded; and they will continue to improve.

Commissioner Voltz inquired about the employees from Harbor City, and if they were still with the County; with Chief Farmer responding at the beginning of the transition, they lost two employees; and in the course of the year one person decided to take a job offer she preferred; but that has been the only resignations, and everybody else is still with the County. Commissioner Voltz thanked Mr. Parker and Chief Farmer for the report.

PRESENTATION, RE: GFOA DISTINGUISHED BUDGET PRESENTATION AWARD

Chairman Higgs advised the Government Finance Officers Association presents a distinguished budget presentation award annually; this is the sixth year the Budget Office has received the award for outstanding achievement; and commended Dennis Rogero, Neil Boynton, Jim Earnest, Tim Hamilton, Anita Mays, Elizabeth Swanke, Pam Wallace, and Diane York for their efforts in preparing an outstanding budget and being recognized by the GFOA for six consecutive years. She presented the plaque to Budget Manager Dennis Rogero.

Mr. Rogero advised it means a lot to the Budget Office and its fairly new crew; and expressed appreciation to Stockton Whitten for his guidance and Kathy Wall who set the bar very high.

RESOLUTION, RE: HONORING CLARA GUNDE

Commissioner Voltz read aloud a Resolution honoring Clara Gunde, Central Brevard Humane Society Executive Director, for 40 years of dedicated service to the care of animals in Brevard County.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution honoring Clara Gunde for 40 years of dedicated service to the care of animals in Brevard County, and wishing her good health and happiness in the years to come. Motion carried and ordered unanimously.

Clara Gunde thanked the Board for the recognition and for looking into animal issues. She stated Brevard County has come a long way; and she is proud of the Board for facing difficult issues and for speaking for those creatures that cannot speak for themselves.

RESOLUTION, RE: RECOGNIZING ROGER DONNELLY

Commissioner Scarborough read aloud a Resolution commending Roger Donnelly for more than 30 years of outstanding public service, and extending best wishes for success and happiness in his future endeavors.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending Roger Donnelly for more than 30 years of dedicated public service with Brevard County and the Brevard County Tax Collector. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Mr. Donnelly. Mr. Donnelly stated he started as a part-time employee in 1969; it has been a nice 32 years; and he learned a lot and hopes he helped the County. Chairman Higgs thanked Mr. Donnelly for his services, and noted she hopes the County can still find things in the future.

PRESENTATIONS, RE: BEST PRACTICE AWARDS

Mike Daly, Area Coordinator with the U.S. Department of Housing and Urban Development, advised there were 3,400 Best Practice Awards issued in the country and 14 in the nine-county area of which Brevard County received three and Titusville received one. He presented the Best Practice Award for Harry T. Moore Center Renovation Program to Denise Carter; and stated he was amazed at what they do there with the children and young adults. He stated Brevard County is the lead on the HOME Consortium, the biggest consortium in the southeast; they have done a tremendous job; and it includes Melbourne, Titusville, Palm Bay, Cocoa, and the County. He presented the award to a HOME representative. He stated the final award is for the Duct Testing and Repair Program, which saves the citizens and the County some money; it is a unique program and never seen in the 3,000 applications that were put forward; and it is a tremendous program. He presented the award to Chuck Mays.

Chairman Higgs thanked Mr. Daly for coming to the meeting; stated the County has exciting things happening in housing; and the Board appreciates HUD's cooperation and recognition of the programs.

RESOLUTION, RE: PROCLAIMING NATURE AND WILDLIFE WEEK

Commissioner Scarborough read aloud a resolution proclaiming November 4 through 12, 2000, as Nature and Wildlife Week in Brevard County, in recognition of the Fourth Annual Space Coast Birding and Wildlife Festival, the Merritt Island National Wildlife Refuge's Refuge Week, and the State's groundbreaking celebration for the Great Florida Birding Trail.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution proclaiming November 4 through 12, 2000, as Nature and Wildlife Week in Brevard County. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Loralee Thompson, who advised of the activities planned all week, and thanked the Board for its help in promoting the events. She stated the Great Florida Birding Trail is a partnership between Florida Fish and Wildlife Conservation Commission and the Department of Transportation; they will use existing roadway infrastructure and produce a map of birding and wildlife sites that will eventually encompass the entire State; they will do it in phases; and the first phase is the northeast Florida section, starting at the border of Georgia and Florida and going through St. Lucie County. She stated Brevard County has the most number of sites that will be on the map; in an 18 county area, Brevard County garnered 21% of the sites; most of the counties have four or six sites, and Brevard County has 26 sites; so it has done real well in this opportunity to promote its natural resources. She stated the map will be for sale through the Conservation Commission, and is a nice flip chart with bird drawings and information on all the sites and birds and animals they expect to find at different times of the year at the sites. She stated the goal of the project is to provide an economic value to conservation lands and encourage and help communities bring tourism dollars into their communities because of conservation lands.

Chairman Higgs advised the Board has a copy of the program which has a wonderful layout for all ages; and inquired how could people get copies of it; with Ms. Thompson responding they can call Nita Harris at 268-5224 or her at 268-5000 and give whoever answers the phone their address. She stated they can get copies at Dixie Crossroads, Fat Boys Restaurant, and Titusville Chamber of Commerce, Sebastian Inlet State Park, St. Sebastian River Buffer Preserve Wildlife Management area, Turkey Creek Sanctuary, and Palm Bay Library. Chairman Higgs stated she and Commissioner Voltz would be glad to have copies available in their offices. Commissioner Carlson advised she has given out a lot of the brochures; and requested Ms. Thompson explain the competition and how people with no experience can learn more. Ms. Thompson advised they can call her and she will match them up with experienced people. She stated there are great prizes, including spotting scopes, binoculars, birding trips, gift certificates, eco-tours, and art. She advised of a partnership between the National Fish and Wildlife Foundation and Pinellas County that provides a lot of leveraging of money being used for conservation projects; and noted they would like to do something similar in Brevard County.

The meeting recessed at 9:37 a.m. and reconvened at 9:42 a.m. to upgrade the batteries.

FINAL PLAT APPROVAL, RE: SAWGRASS AT SUNTREE, PHASE 3

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Sawgrass at Suntree, Phase 3, subject to minor changes if necessary, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA TRACT E-3, TEMPLETON SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Viera Tract E-3, Templeton Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: ARUNDEL SUBDIVISION, BAYTREE, PHASE 2, STAGE 2

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Arundel Subdivision, Baytree, Phase 2, Stage 2, subject to minor changes if necessary, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS IN VIERA TRACT L, PHASE 2, UNIT 4

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract with The Viera Company guaranteeing infrastructure improvements in Viera Tract L, Phase 2, Unit 4. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH BAYHILL LAND DEVELOPMENT COMPANY AND COLONIAL BANK, RE: IMPROVEMENTS IN BAYHILL SUBDIVISION, PHASE 2

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Escrow Agreement with Bayhill Land Development Company and Colonial Bank, guaranteeing improvements in Bayhill Subdivision, Phase 2. Motion carried and ordered unanimously.

ACCEPTANCE OF QUIT-CLAIM DEEDS, RE: IMPROVEMENTS TO OSPREY AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize acceptance of Quit-claim Deeds from abutting property owners for road improvements to Osprey Avenue in Section 5 of Canaveral Groves. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE #34-2000 FROM CITY OF TITUSVILLE, RE: ANNEXATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of Ordinance #34-2000 from the City of Titusville, which annexed two lots totaling approximately 1.9 acres, and was found to be consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE TRANSFERRING AUTHORITY TO HEAR APPEALS OF ADMINISTRATIVE OFFICIAL INTERPRETATIONS FROM THE BOARD OF ADJUSTMENT TO THE BOARD OF COUNTY COMMISSIONERS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise a public hearing on an ordinance transferring authority to hear appeals of administrative official interpretations from the Board of Adjustment to the Board of County Commissioners. Motion carried and ordered unanimously.

LETTER ACCEPTING GRANT, EXECUTION OF CONTRACT, AND USE OF GRANT FUNDS, RE: NEIGHBORHOOD PLANNING ACTIVITIES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Manager to send a letter of acceptance to Department of Community Affairs for a grant in the amount of $11,000 for neighborhood planning activities in Brevard County consistent with the goals of Brevard 2005, Visioning Our Future; authorize the Chairman to execute the Contract; and approve use of the grant funds during 2000 through 2001. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH DUROCHER DOCK & DREDGE, INC., RE: MODIFY/REPAIR AIR FORCE WHARF PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract Modification #1 with Durocher Dock & Dredge, Inc. to modify/repair Air Force Wharf, increasing price by $63,567.48 and time by 13 days for timber removal, existing contract piles, wage scale, turbidity barrier, fence wheel jag, cut wood piles, and ground rod at gate and credit for bollard; and authorize final payment in the amount of $199,650.25. Motion carried and ordered unanimously.

RESOLUTION, RE: CERTIFYING SATELLITE BOULEVARD AS A COUNTY ROAD

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution certifying Satellite Boulevard as a County Road and approve the maintenance map for recording in the public records of Brevard County. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-7, RE: CONSTRUCTION CONTRACTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve revised Policy BCC-7, Construction Contracts, and authorize the County Manager's signature threshold at $50,000. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-25, RE: FACILITIES CONSTRUCTION FEES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve revised Policy BCC-25, Facilities Construction Fees, for services provided under Procedure BC-19. Motion carried and ordered unanimously.

PEMISSION TO BID, AWARD BID, AND EXECUTE CONTRACTS, RE: SUNTREE/VIERA, PORT ST. JOHN, AND MELBOURNE BEACH PUBLIC LIBRARIES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to bid construction of Suntree/Viera, Port St. John, and Melbourne Beach Public Libraries; authorize award of bid to lowest qualified bidders; and authorize the Chairman to execute Contracts with the successful bidders. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH STAR BASE DEVELOPMENT CO., INC., RE: KENNEDY POINT PARK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with Star Base Development Co., Inc. for Kennedy Point Park shoreline storm damage repair, increasing price by $26,760 to place sheet pilings as a retainer wall to stop further erosion and silt from entering the river. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH STAR BASE DEVELOPMENT CO., INC., RE: SAND POINT PARK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 with Star Base Development Co., Inc., for shoreline storm damage repair at Sand Point Park, increasing contract price by $2,500 to overlay remaining 192 feet of sidewalk to provide uniform appearance and the match existing sidewalk. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: ATHLETIC FIELD LIGHTING FIXTURES FOR SPACE COAST COMMUNITIES SPORTS COMPLEX

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to purchase athletic field lighting fixtures from Price Agreement Contract of the City of Jacksonville for Space Coast Communities Sports Complex at approximate cost of $70,000. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING TEMPORARY EXCHANGE OF PROPERTY WITH MARGARET BRETTMAN, ET AL TO ACCESS PINE ISLAND CONSERVATION AREA

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution authorizing temporary exchange of property with Margaret Brettman, Marie Brettman Wiles, and Katherine Tumminelli for a portion of Ransom Road to access the north area of Pine Island Conservation Area. Motion carried and ordered unanimously.

LEASE AGREEMENT AND OPTION 2 WITH CLUB CAR, INC., RE: GOLF CARTS FOR THE HABITAT AT VALKARIA GOLF COURSE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Lease Agreement with Club Car, Inc. to provide golf carts for The Habitat at Valkaria Golf Course, and execute Option 2 to walk away from the balloon payment at the end of the four-year lease period. Motion carried and ordered unanimously.

PROJECT AGREEMENT AMENDMENT WITH FLORIDA INLAND NAVIGATION DISTRICT, RE: EXTENDING TIME FOR LEE WENNER PARK REDESIGN AND STORMWATER IMPROVEMENTS PHASE I GRANT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Project Agreement Amendment with Florida Inland Navigation District (FIND), extending the time for Lee Wenner Park Redesign and Stormwater Improvements Phase I grant to September 1, 2001. Motion carried and ordered unanimously.

ADOPTION OF 2000 UPDATE, RE: LOCAL TRANSIT DEVELOPMENT PLAN FOR SCAT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt the 2000 Update of the Local Transit Development Plan for Space Coast Area Transit for future operating and capital projects. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: EMS ADVISORY COUNCIL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint and/or reappoint William L. Farmer, Brevard County Fire/Rescue; Nancy Smith, Brevard County Emergency Management; Sandy Greeno, Holmes Regional Medical Center; Joanne Corby, Wuesthoff Memorial Hospital; Susan Key, Cape Canaveral Hospital; Janice Bradley, Parrish Medical Center; Fran Jastrzembski, Palm Bay Community Hospital; Jeanne Pierce, Coastal Health Systems of Brevard, Inc., Brian Reiselbara, Private Emergency Medical Educator; Bruce E. Olseen, Kennedy Space Center (EG&G); John Moore, Public Based Community Educator (Community College); Barbara Richards, American Red Cross; Wyndle Haese, Jr., Brevard County Sheriff's Office; Fred Jodts, Space Coast Fire Chiefs Association North Area; Bob Sprinkle, Space Coast Fire Chiefs Association Central Area; and Tom Flamm, Space Coast Fire Chiefs Association South Area, with terms expiring January, 2002. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING SANDY GROVE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing Sandy Grove for 22 years of outstanding public service, and wishing her well in her retirement. Motion carried and ordered unanimously.

APPROVAL OF WORKSHOP, RE: COURTHOUSE OPTIONS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve scheduling of a workshop to discuss Courthouse options on December 14, 2000, at 1:00 p.m. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-2-0-39 AND CONTRACTS, RE: MAINTENANCE MOWING AND TRIMMING

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to award Proposal #P-2-0-39, Maintenance Mowing and Trimming, to Martin's Lawn Care for North Area, and Commercial Mowers for Central, Merritt Island/Beaches, and South Areas; and authorize the Chairman to execute Contracts with the successful proposers. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SUNSET REVIEW REPORTS OF HOUSING AND HUMAN SERVICES DEPARTMENT AND OFFICE OF NATURAL RESOURCES MANAGEMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of Sunset Review Reports of the Housing and Human Services Department and Office of Natural Resources Management. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING BREVARD COUNTY'S DESIGNATION AS A PROJECT IMPACT COMMUNITY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing Brevard County's designation as a Project Impact Community; approve travel expenses to Project Impact 2000 summit in Washington, D.C.; and authorize the County Manager or his designee to execute contracts/agreements relating to Project Impact. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT, RE: FY 2000-2001 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE BASE GRANT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Department of Community Affairs Division of Emergency Management for FY 2000-2001 Emergency Management Preparedness and Assistance Base Grant and State and Local Assistance Grant of $105,806. Motion carried and ordered unanimously.

APPROVAL OF EXECUTIVE SESSION, RE: MARK ROUSSEAU, ETC. v. BREVARD COUNTY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Attorney to advertise and schedule an executive session on October 31, 2000, after the regular Board meeting, to discuss strategy related to litigation regarding Mark Rousseau, etc. v. Brevard County. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve bills and budget changes as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN VILLA DE PALMAS, SYKES COVE - LAWRENCE AND KIMBERLY BUDNICK

Chairman Higgs called for the public hearing to consider a resolution vacating public utility and drainage easement in Villa De Palmas, Sykes Cove, as petitioned by Lawrence and Kimberly Budnick.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility and drainage easement in Villa De Palmas, Sykes Cove, as petitioned by Lawrence and Kimberly Budnick. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: EXCHANGE OF PROPERTY FOR HOLLYWOOD BOULEVARD

Chairman Higgs advised the request to exchange property for Hollywood Boulevard was withdrawn by Norpak Corporation.

The Board accepted withdrawal of the request.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO TANTIVY COMMUNICATIONS, INC.

Chairman Higgs called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Tantivy Communications, Inc.

Commissioner Voltz advised the company plans to hire 80 employees averaging $75,000 annually per employee.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Ordinance granting economic development ad valorem exemption to Tantivy Communications, Inc. located at 1396 Babcock Street, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Tantivy Communications, Inc.; and providing an effective date.

Chairman Higgs stated she will vote no because she does not support the exemption program. Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

FIRST PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-1461 THROUGH 62-1470, RESIDENTIAL PLANNED UNIT DEVELOPMENT

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Sections 62-1461 through 62-1470 to provide for a residential planned unit development (RPUD) zoning classification. Commissioner Scarborough advised he met with staff yesterday and may have additional comments for the second hearing after 5:00 p.m.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to forward the ordinance amending Chapter 62, Sections 62-1461 through 62-1470, creating a residential planned unit development zoning classification, to the final public hearing. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE REFUNDING BONDS FOR APOLLO ASSOCIATES, LTD. PROJECT (EXCHANGE AT PALM BAY)

Economic Development Director Greg Lugar requested the resolution be amended to allow amortization in 25 years instead of 20 years, which has no effect on the County.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing the issuance of industrial development revenue refunding bonds in one or more series (the "Bonds") of Brevard County (the "County") in a principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000) for the purpose of refunding that industrial development revenue note (Apollo Associates, Ltd. project) Series 1986 (the "Prior Note") which provided funds for the financing of the costs of acquiring, constructing and equipping a warehousing, distribution and headquarters facility located within the corporate boundaries of Brevard County, Florida (the "Project"), which bonds and the interest thereon shall be payable solely from the revenues derived from the Loan Agreement referred to below; approving and authorizing execution and delivery of an Indenture of Trust between the County and SunTrust Bank, as Trustee (the "Trustee"); approving and authorizing execution and delivery of a Loan Agreement among the County, the Trustee and Apollo Associates, Ltd., a Florida Limited Partnership (the "Developer"), with respect to the project and the endorsement to the Trustee of the Promissory Note of the developer in the principal amount equal to that of the bonds (the "Note") and containing certain options and covenants to prepay the Note and the bonds; making findings and determinations with reference to the project and the bonds; approving and authorizing execution and delivery of a tax certificate as to arbitrage and borrower, issuer and bond purchaser consent to representation; authorizing the sale of the bonds; determining that the bonds shall not be a liability of the County; providing that the invalidity of any part of this Resolution shall not affect the remainder; incorporating with this Resolution the provisions of the Constitution of the State of Florida, the Florida Industrial Development Financing Act, Part II of Chapter 156, Florida Statutes, and other provisions of law; authorizing the execution and delivery of related documents; and repealing all Resolutions and parts of Resolutions in conflict herewith; and providing for date of effect of this Resolution, amended to providing amortization in 25 years. Motion carried and ordered unanimously.

BOARD DIRECTION, RE: HOLLYWOOD BOULEVARD INTERSECTION IMPROVEMENTS

Commissioner Scarborough recommended Option 3, direct staff to remove the project.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to remove the project from the selection process and continue utilizing the consultants for the intersection improvements. Motion carried and ordered unanimously.

PROFESSIONAL SERVICES AGREEMENTS, RE: TRANSPORTATION PROJECTS

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Professional Services Agreements with Creech Engineers, Inc. for Barnes Boulevard intersections at $120,000; Aikenhead & Odom, Inc. for Dixon Boulevard widening at $305,000; Kelly, Collins & Gentry, Inc. for Ellis Road widening at $140,704; Frazier Engineering, Inc. for John Rodes Boulevard at $300,000; Reynolds, Smith & Hills, Inc. for Micco Road widening at $242,367; Dyer, Riddle, Mills & Precourt, Inc. for Minton Road widening at $360,000; Post, Buckley, Schuh & Jernigan, Inc. for Pineda Causeway Extension at $530,000; and Professional Engineering Consultants, Inc. for Riverside Drive intersections at $277,000. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE EXTENDING SUNSET DATE OF NORTH MERRITT ISLAND DEPENDENT SPECIAL DISTRICT

The Board tabled permission to advertise a public hearing on an ordinance extending the sunset date of North Merritt Island Dependent Special District until November 14, 2000.

RESOLUTION REAPPOINTING MEMBERS, AND OPTION TO FILL VACANT POSITIONS, RE: EELS PROGRAM SELECTION AND MANAGEMENT COMMITTEE

Commissioner Voltz suggested Option 1, pull out a name from the hat and the other two remaining names will be automatically appointed to the Committee to fill the vacancies.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution reappointing David Breininger, Mark Bush, Charles Ross Hinkle, Randall Parkinson, and Paul Schmalzer to the Environmentally Endangered Lands Selection and Management Committee with terms expiring December 31, 2002; appoint Kim Zarillo and Gary Wolfe to replace Stacey Efron and Maryann Civil on the Committee; and appoint Ron Hight as an alternate to the Committee. Motion carried and ordered unanimously.

SELECTION OF REPRESENTATIVE, RE: BREVARD COUNTY v. MAXWELL APPEAL

Commissioner Higgs advised a representative for the County has been requested; and inquired if Commissioner Scarborough will serve. She noted it may be a telephone conference on November 2, 2000.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to appoint Commissioner Truman Scarborough to represent the County in the Brevard County v. Maxwell Appeal mediation by the United States Court of Appeals Eleventh Judicial Circuit. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - GERALD R. LASCHOBER, RE: CLARIFICATION OF WETLANDS ORDINANCE

The Board accepted withdrawal of Gerald R. Laschober's personal appearance to request clarification about the Wetlands Ordinance.

APPROVAL OF EXECUTIVE SESSION, RE: CORDONES, ET AL v. BREVARD COUNTY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize advertising an executive session for October 31, 2000 after the regular Board meeting to discuss strategy related to litigation in the Cordones, et al. v. Brevard County case. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DR. CALVIN D. FOWLER, PRESIDENT OF U.S. SPACEWALK OF FAME FOUNDATION, RE: SUPPORT OF LOBBYIST

Dr. Calvin Fowler, President of U.S. Spacewalk of Fame Foundation, advised when he asked the Board for help on obtaining grant funding from Florida Department of Historic Preservation Program in February, it responded with a Resolution which helped them and has been used many times; and they asked for Guy Spearman's help to assist them in the Spring 2000 Legislative Session, and he and his associate Lori Huntley were very helpful. He stated they were able to get a line item in the House budget which got lost in the Committee; but every time they wanted to see whoever they named, Ms. Huntley assisted and had them in the office within an hour in spite of the fact that they were in session; however, they did not get the money in that budget year. He stated they have another grant application in; they are in the State Department's line item budget for $180,400, which they won on September 21, 2000; and they are 74th on a list of 76, and have to protect that from being cut. He stated the budget request is for $17.2 million; last year it was $17.1 million; so it is not a big change and should go through. Dr. Fowler requested the help of the Board and Mr. Spearman to ensure the Department of State's Historic Preservation budget line item gets full funding and to keep the Governor from taking it out with his line item veto. He stated the Henegar Center did not ask him to speak for them, but their High School Phase II project is in the same budget for $250,000; so if the County gets both of those grants, it will get $430,400 on July 1, 2001, which they have to spend in the next year.

Commissioner Scarborough congratulated Dr. Fowler for his efforts and that of the Foundation, noting people always look to astronauts as heroes, but things do not happen except for the good people who live in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the services of Guy Spearman in the upcoming Legislative Session to insure the Department of State gets full funding, including the line item budget for U.S. Spacewalk of Fame Foundation. Motion carried and ordered unanimously.

Dr. Fowler compared a manned space flight to a three-legged stool, the astronauts, hardware and support equipment, and the space worker, noting none of it would work without the space worker, and that is why they are interested in preserving the space effort. He stated it would have been nice to hear the man's story who rode with Columbus; that is what they are doing by recording oral histories; and 500 years from now, people will be able to hear them.

MEDIATED SETTLEMENT AGREEMENT WITH JOHN M. AND JANE E. PINTER, RE: PINTER PROPERTY IN NORTH BREVARD

Commissioner Scarborough advised the issue was discussed in Executive Session; and requested Mr. Knox describe the nature of the original complaint and the dynamics of it.

County Attorney Scott Knox advised the original suit involved a breach of contract as well as estoppel regulatory taking and declaratory judgment action; the matter went to trial, and the jury determined there was a breach of contract involving the building of a road and public railroad crossing on the property; and that is what the jury found the County did not accomplish.

Commissioner Scarborough stated it was appealed; now the Board has an option to settle this lawsuit; there are a few things about the parcel that makes it advantageous; and there are things to work on with the lagoon there, so he would like to settle it.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to execute Contract for Sale and Purchase with John M. and Jane E. Pinter at $649,000 for Tax Parcels 500 and 750; execute Mediated Settlement Agreement with the Pinters to settle the lawsuit; authorize necessary budget actions; authorize the Chairman to execute all documents associated with the settlement; and authorize staff to submit a boundary amendment to the Blueways CARL Project to include the Pinter property. Motion carried and ordered unanimously.

PUBLIC COMMENTS - AMY MOSHER, RE: COUNTY RECREATION REFERENDUM

Amy Mosher advised two months ago she heard about the County's plan for the $88 million recreation referendum; it is a 20-year tax mainly for recreation; and it will be on the November 7, 2000 ballot. She stated since then, she has talked to a lot of people, and nobody seems to have heard about it; undoubtedly there is a need for more parks in Brevard County for people of all ages; but inquired where is the diversity in the proposed projects, as the referendum has the taxes being spent on active recreational facilities, enlarging impervious surfaces, adding night lighting, and acquiring lands for sports complex developments. She stated the referendum would establish development outside growth areas and further promote sprawl; the North Merritt Island and North Cocoa areas list acquisition of 88 acres for sports complexes; and those complexes cost millions of dollars, require endless maintenance, and generate sprawl, which in the long run will cost the taxpayers more money and lower property values in surrounding areas. Ms. Mosher stated sprawl and loss of green space is a growing problem in Brevard County, which continues to erase the quality of life they fight so hard to maintain; and inquired about impact fees. She stated the City of Rockledge's Comprehensive Plan requires the City to adopt regulations requiring the dedication of park lands or fees in lieu thereof by all new residential developments to ensure that future park sites are developed to meet the demand for recreational facilities; and the City has never collected impact fees, but it has steadily raised and added new taxes every year. She stated developers in Brevard County have gotten a free ride; now the County is turning to the taxpayers to foot the bill of expensive high-maintenance state-of-the-art recreational facilities; the voters should not be asked to sacrifice the natural areas in public parks to meet the demands created by new developments, lack of impact fees, and lack of thoughtful planning. She stated it is not their responsibility as taxpayers to pick up the pieces; and inquired about using public schools for recreation, as the infrastructure and parking is already there, using blighted shopping areas for community and recreation centers rather than building new centers in the parks, and developing sports complexes on disturbed lands. Ms. Mosher advised at the August 15, 2000 meeting she spoke to the Board about Rockledge Community Park; Commissioner O'Brien made reference to the $55 million EEL referendum, which would be great if it had collected $55 million; but in researching it, she found conflicting numbers, with Mr. Nelson saying $32 million, and Ms. Birch saying $26 million were collected. She stated now the County proposes to spend $88 million more on recreation; but the referendum is asking for too much and has given the public too little time and information to vote for the new 20-year tax. She inquired if anyone wants to comment on the EELS referendum and why it has only collected $26 million.

Assistant County Manager Stephen Peffer advised the EELS referendum set a $55 million limit on the Board's ability to bond in that 20-year period; and that $55 million is not projected revenue.

Chairman Higgs requested staff explain how the EELS funds have been leveraged with other funds from the St. Johns River Water Management District and State to acquire lands, so people have a better picture of what has transpired.

Ann Birch advised the EELS Program has been successful in leveraging matching dollars from the State, from 50% to 100% of acquisition costs in almost all of the project areas they have acquired or are acquiring. She stated there are three or four properties which were acquired solely by EELS funds; but the majority of the 14,500 acres, which they have acquired to date, have been with matching funds; so they have essentially doubled the dollars.

Chairman Higgs advised there were long discussions about whether or not to get into additional open space bonding as part of the recreation referendum; many of the Commissioners would support additional dollars for open space acquisitions; however, the issues needed to stand by themselves; and those supporting active recreation had the opportunity to put their case before the public. She stated that is what the South Brevard and other Parks and Recreation Boards did; they put the referendum before the Board which agreed to put them on the ballot; and that does not mean she does not desire to see additional acquisition of open space.

Commissioner Voltz advised Ms. Mosher made a comment that the voters should not be asked to foot the bill for recreation; however, there is no better person to ask than the voter. She stated the citizens of Brevard County who sit on the Parks and Recreation Boards came to the Board of County Commissioners and said what they wanted to have done; it is a citizen initiative and did not come from the Board; and it is important that they have an opportunity to vote on it and say yes or no. She stated it is up to the people to say what they want; it is not her decision or Ms. Mosher's decision; and she already voted and supported it.

Commissioner Scarborough stated several things have moved forward with referendums; and beach and riverfront acquisition and the environmentally endangered lands program were approved by the voters. He stated District 1 had $30 million in projects that came from Little Leagues, soccer leagues, etc.; the Parks and Recreation Board narrowed it down to $15 million; and the calls he received were about projects that were reduced or eliminated. He stated all the projects in District 1 are in existing park areas; Brevard Community College North Campus made a gift of property for soccer fields; St. Johns River Water Management District bought the upland property to the north and exchanged it with the College because its lands were wetlands; and the College is letting the County use the uplands at no cost, so it is dynamic when people and projects are brought to the table. Commissioner Scarborough stated the reason Brevard County is #1 in the State is because the people voted for EELS purchases; every time the community commits itself, it is better than the Board doing it; and it has the power to go to Tallahassee for State funds because the people have spoken. He explained the success of the Port St. John recreation referendum; stated he is excited about the proposed recreation referendum; it is what makes Brevard County great; it will include a lot of things, not just soccer fields, but senior centers, passive waterfront parks, etc.; so he will vote for it also.

Commissioner Carlson stated the South Recreation MSTU is the largest at $45 million; there will be improvements to Palm Bay Regional Park, Wickham Park, Rodes Park, and hopefully the new Viera Community Park which will be over 100 acres; and it crosses all sectors and is a citizens' initiative. She stated she has heard about the issues for 12 years; they are not going to go away; the greatest way to solve them is to ask the people to tax themselves; and she will also vote for it. She stated she held three town meetings to advise the public of what is going on in the County, including the recreation referendum; and she will have another meeting Wednesday, and hopes a lot of people will come to the meeting to get educated on the issues. She advised staff has done an outstanding job trying to educate the public; the Board provided dollars for them to produce materials to give to the public; and requested Mr. Nelson go over what they have been doing over the past few months regarding education of the public.

Parks and Recreation Director Charles Nelson advised the Parks and Recreation Advisory Boards discussed and evaluated the projects and finally formalized the process; they had access to the media in North Brevard and were able to use the cable channel at City Hall for four televised community meetings; so they have attempted, where possible, to get the word out. He stated with a county as large as Brevard County there are limitations on how to get the information out; Florida TODAY by zip code have mailouts with information on the referendums; information is scrolling on the County's TV channel, and new information will be added next week; so they are trying to get the information to as many people as possible. He stated he does not know how else to get it done other than calling every person; and sometimes it is frustrating when you give it your best and cannot always get everybody.

Commissioner Carlson advised the athletic leagues and sports affiliates have done a tremendous job, and have been out pounding the pavement; there will be signage from Citizens for Parks; and that is reflective of what the community wants. She stated all the Commissioners need to support it; the quality of life is at stake; and if it cannot get done this time, it will have a hard time passing it in the near future.

Chairman Higgs stated the issue of urban sprawl is of concern to many people, and how the County is going to move forward into the millennium to be a quality community; the Board has talked about it many times; and one of the projects that is really exciting is a joint project of land acquisition in the State CARL Blueway that would include a component that is a community center. She stated even the referendum would address some of the issues of concern; and she intends to vote for it. She stated it is an excellent opportunity to serve a variety of community needs; and it addresses all ages and all types of recreation from senior centers to water access and community centers.

Commissioner Voltz inquired if this is the first time District 5 had an opportunity to vote on a recreation referendum; with Mr. Nelson responding the last opportunity was in 1969, but District 5 chose not to hold a referendum at that time; and the other Districts did pass them. Commissioner Voltz stated some people in South Brevard wanted to know why the North and Central areas had more services; and it is because they voted a tax to increase their services. She stated now the South area has an opportunity to do that; and encouraged the people to support the parks and recreation referendum.

LETTER, RE: HEALTHY KIDS MATCH REPLACEMENT

Chairman Higgs inquired if the Board approved the letter prepared to the Governor and Healthy Kids Board of Directors requesting replacement of the matching funds with State funds.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the letter to the Governor and Healthy Kids Board of Directors, requesting the local matching funds be replaced with State funds. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 10:13 a.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)