The Board of County Commissioners of Brevard County, Florida, met in regular session on December 7, 1999, at the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

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

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

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the Minutes of August 10 and 12, 1999 Special Meetings, September 28, 1999 Regular Meeting, and October 4, 1999 Special Meeting. Motion carried and ordered unanimously.

APPOINTMENTS, RE: NORTH BREVARD HOSPITAL DISTRICT BOARD

County Manager Tom Jenkins stated the County has been advertising for two vacancies on the North Brevard Hospital District Board; the Commissioners need to discuss how they want to make the appointments; the closing date for applications is December 7, 1999; based on the recommendation of the Chairman, staff will be contacting each of the applicants and asking them if they are applying for the County, City or both positions; and it will be added to each application for the Board's information. He noted the Board needs to decide what kind of a selection methodology it chooses to use; in his memorandum, he listed three options; each Commissioner could select his or her first choice for each seat; the applicant receiving the most votes for each seat will be the Board's selection; or each Commissioner may wish to vote on two or more applicants, with the applicant receiving the highest number of votes being the Board's appointment. He stated the applicant receiving the second highest number of votes could be the joint appointment, or the Board could repeat the process for the joint appointment; while the Board would rank the applicants, staff would calculate a first place vote at three points, two points, and one point; and the District Commissioner or the Chairman could nominate candidates to the Board of County Commissioners. He stated another option is that each Commissioner could rank his or her top four; the Board would choose between them and come up with the top two; those two could be voted on; and whoever is selected would be the majority choice of the Board. Mr. Jenkins stated if the Board wants to give staff direction, it may expedite the process next week.

APPOINTMENTS, RE: NORTH BREVARD HOSPITAL DISTRICT BOARD

Nelly Strickland stated there is another member on the North Brevard Hospital District Board that the people do not want; this member is not needed and is not in favor of what the public wants, but what the management was; and for years the North Brevard Hospital District Board has actively dictated what members it wants. She noted Mr. Stoner died unnecessarily and for lack of care and personnel; the Board's appointments in the past have been leading to the kinds of things the people of North Brevard still suffer and may suffer if it still keeps these things up; a straight majority vote is all it takes; and the people do not want another lousy candidate.

Chairman Higgs stated she would like to have the majority vote as well so that the final vote would be between two individuals; the appointments for either seat would have a majority of the Board supporting it; Mr. Jenkins' suggestion that the Board use a ranking process to get to the top two is a fair way of doing it; it needs to be done by individual seats; and there are two appointments that the Board can consider.

Commissioner Scarborough stated everyone should have the opportunity to be considered; he wants to go for the majority; and inquired does the Board vote on the whole panel or first select four individuals.

Chairman Higgs stated each Commissioner can rank four individuals from the list of applicants; and the two people with the most votes would then be selected by majority vote.

Commissioner O'Brien stated he agrees with the two-step process as outlined by Chairman Higgs.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the two-step process for appointments to the North Brevard Hospital District Board, with each Commissioner ranking four individuals from the list of applicants and the two individuals with the most votes then selected by majority vote, for each of the two seats. Motion carried and ordered unanimously.

DISCUSSION, RE: STATE MENTORING INITIATIVE

Commissioner Carlson inquired if the Board would like to propose taking part in the Governor's mentoring initiative where he has proposed State employees be granted up to one hour of paid administrative leave per week to take part in certain school or community voluntary activities, and if Brevard County wants to propose this for its employees.

Chairman Higgs stated County staff can provide a report back on the issue to the Board for its consideration in January, 2000.

DISCUSSION, RE: ADDITIONAL REQUESTS FOR LEGISLATIVE PACKAGE

Commissioner Carlson stated she has received numerous telephone calls for Harold Koenig; Mr. Koenig appeared before the Board in July, 1999 when it was considering its Legislative package; he appealed for a repeat of the 1999 package concerning drugs and added five additional requests; and requested Economic Development Director Greg Lugar work with Mr. Koenig to put together an addendum to the 2000 Legislative Package for the Board's consideration early in January, 2000.

Commissioner O'Brien stated this past Sunday was the Shriners and Abate Toy Bike Run from Merritt Square Mall to Wickham Park; it is quite a site to look across the Mall parking lot and see the entire lot filled with motorcycles; this year there were over 15,000 motorcycles; two truck loads of toys were brought in; and the parade took three hours. He noted the Shriners send their toys to the Tampa Hospital and Abate gives the toys to other hospitals within the State of Florida for children who are hospitalized.

RESOLUTION, RE: RECOGNIZING JACK S. HOGG, JR.

Commissioner Scarborough read aloud a resolution recognizing and commending Jack S. Hogg, Jr. for 24 years of dedicated service to Brevard County and its citizens; and presented the resolution to Mr. Hogg.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending Jack S. Hogg, Jr. for his outstanding service to the citizens of Brevard County and his contributions to the Parks and Recreation Department for 24 years. Motion carried and ordered unanimously.

Jack S. Hogg, Jr. expressed appreciation to the Board and the Parks and Recreation Department for their support over the years.

RESOLUTION, RE: RECOGNIZING COCOA BEACH AREA CHAMBER OF COMMERCE

Commissioner O'Brien read aloud a resolution recognizing the Cocoa Beach Area Chamber of Commerce for being chosen by the National Association for Membership Development in the Chamber of the Year Awards; and presented the resolution to Heidi Brandell and Tom Wasdin.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution recognizing and commending Cocoa Beach Area Chamber of Commerce for being chosen by the National Association for Membership Development and honored with second place in the Chamber of the Year Awards. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING COCOA BEACH AREA CHAMBER OF COMMERCE

Tom Wasdin expressed appreciation to the Board for the Commendation Resolution and being able to talk to the Board members concerning business issues; and stated the Chamber is the voice of small business and business in the Central Brevard area.

ACKNOWLEDGE PRESENTATION, RE: MARCH OF DIMES 1999 WOMEN OF ACHIEVEMENT AWARD

Dr. Pam Kavanaugh stated she chaired the Women of Achievement Awards for March of Dimes this year; and introduced Dr. Valerie Brown-Crimpley, Chair of the Space Coast Division March of Dimes. She stated on behalf of the Space Coast Division March of Dimes, she is thrilled to present one of 11 Women of Achievement Awards for this year to Commissioner Carlson, who has been described as the "Consummate Public Servant" in her nomination.

The Board acknowledged presentation of the March of Dimes 1999 Women of Achievement Award, presented to Commissioner Carlson by the Space Coast Division of the March of Dimes, and extended its congratulations.

FINAL PLAT APPROVAL, RE: SUNSET LAKES, PHASE VI

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant final plat approval for Sunset Lakes, Phase VI, subject to minor changes if necessary and receipt of all documents required for recording, and Board approval of the project not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH ROSTAN, INC., RE: INFRASTRUCTURE IMPROVEMENTS IN CRANE CREEK SUBDIVISION, PHASE V

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Contract with Rostan, Inc. guaranteeing infrastructure improvements for Crane Creek Subdivision, Phase V. Motion carried and ordered unanimously.

APPOINTMENTS, RE: BREVARD COUNTY ONSITE SEWAGE DISPOSAL VARIANCE REVIEW BOARD

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to reappoint Mary Tees, 5115 Fay Boulevard, Cocoa, Florida 32927, Howard Wolf, 301 Hiawatha Way, Melbourne Beach, Florida 32951, and Richard Hawkes, 1901 S. Harbor City Boulevard #806, Melbourne,

APPOINTMENTS, RE: BREVARD COUNTY ONSITE SEWAGE DISPOSAL VARIANCE REVIEW BOARD

Florida 32901 to the Brevard County Onsite Sewage Disposal Variance Review Board, with terms of appointments expiring December 31, 2000. Motion carried and ordered unanimously.

AGREEMENT WITH LANTANA DEVELOPMENT OF BREVARD, INC., RE: IMPACT FEE CREDIT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Transportation Impact Fee Credit Agreement with Lantana Development of Brevard, Inc. in the amount of $41,025 for dedication of an easement and right-of-way and construction of a sidewalk/bike path along the east side of State Road A1A in Indian Harbour Beach. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, SECTIONS 62-1340(5)(a), 62-1341(5)(a), 62-1342(5)(a), and 62-2123(a), SIDE STREET SETBACKS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for February 3, 2000 at 5:30 p.m. to consider an ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision II, and Division 6, Subdivision I; specifically amending Sections 62-1340(5)(a), 62-1341(5)(a), 62-1342(5)(a) and 62-2123(a), providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously.

RESOLUTION, GRANT AGREEMENT AND LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT, RE: FLORIDA HIGHWAY BEAUTIFICATION COUNCIL GRANT FOR S.R. 405 AND U.S. 1 INTERSECTION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution authorizing the Public Works Department to apply for Florida Highway Beautification Council Grant and, if successful, to enter into a Highway Beautification Grant Agreement and Landscape Construction and Maintenance Memorandum of Agreement with the State of Florida Department of Transportation for landscaping improvements to the intersection of S.R. 405 and U.S. 1. Motion carried and ordered unanimously.

APPROVAL, RE: TEMPORARY CLOSING OF MICCO ROAD FOR REHABILITATION OF GRADE CROSSING

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve temporary closing of Micco Road from December 13 through December 17, 1999 for rehabilitation of the grade crossing by Florida East Coast Railway Company. Motion carried and ordered unanimously.

APPROVAL OF CONCEPT CAA, CBO, AND CDBG ADVISORY BOARDS, RE: COLLECTIVE FUNDING DECISIONS AND RECOMMENDATIONS FOR FY 2000-2001

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the concept of the Community Action Agency (CAA), Community Based Organizations (CBO), and Community Development Block Grant (CDBG) Advisory Boards for collective funding decisions for FY 2000-2001. Motion carried and ordered unanimously.

APPROVAL, RE: LIBRARY SYSTEM HOLIDAY SCHEDULE FOR YEAR 2000

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the Library System holiday schedule for Year 2000, including all day closures for Sunday, April 23 for Easter; Saturday, November 11 for Veterans' Day; Sunday, December 24 for Christmas Eve; and Sunday, December 31 for New Year's holiday. Motion carried and ordered unanimously.

PERMISSION TO SOLICIT PROPOSALS, RE: PREVENTATIVE MAINTENANCE SERVICES FOR HVAC EQUIPMENT AT CENTRAL BREVARD LIBRARY AND REFERENCE CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to grant permission to solicit proposals for preventative maintenance services for heating, ventilating and air conditioning equipment at the Central Brevard Library in Cocoa; and appoint a Selection Committee comprised of Camille Johnson, Johnny Godwin, and a representative of Purchasing. Motion carried and ordered unanimously.

EXECUTION, RE: FY 2000 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION GRANTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute FY 2000 Certifications and Assurances for Federal Transit Administration Grants. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION COMMITTEE, ACCEPT AND NEGOTIATE PROPOSAL, RE: COMPILATION OF SCAT'S 2000 TRANSIT DEVELOPMENT PLAN

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve advertisement, acceptance and negotiation of a proposal from qualified firms for the compilation of SCAT's 2000 Transit Development Plan; and appoint a Selection Committee comprised of the Transit Director, County Manager or designee, SCAT Manager of Planning and Finance, MPO Staff Director or designee, SCAT Operations Supervisor, and Interim Purchasing Director or designee as a non-voting member. Motion carried and ordered unanimously.

SUPPORT PARTICIPATION OF SCAT, RE: FLORIDA TRANSIT ASSOCIATION'S STATEWIDE BUS PROGRAM EARMARK REQUEST IN FY 2001 FEDERAL TRANSIT ADMINISTRATION BUDGET ALLOCATION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize SCAT to participate in the Florida Transit Association's Statewide Bus Earmark Request to the Federal Transit Administration for its FY 2001 budget allocation, to replace six buses at $1,500,000. Motion carried and ordered unanimously.

AMENDMENT NO. 2 TO AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: STORAGE TANK SYSTEM COMPLIANCE VERIFICATION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Amendment No. 2 to Agreement with Florida Department of Environmental Protection for storage tank system compliance verification. Motion carried and ordered unanimously.

AGREEMENT WITH KEEP BREVARD BEAUTIFUL, INC., RE: LITTER PREVENTION

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with Keep Brevard Beautiful, Inc. for litter prevention and beautification efforts. Motion carried and ordered unanimously.

APPROVAL, RE: NEGOTIATED WORKER'S COMPENSATION SETTLEMENT WITH KARL MCMILLON

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve negotiated settlement of the Worker's Compensation claims of Karl McMillon in the amount of $22,750 for

APPROVAL, RE: NEGOTIATED WORKER'S COMPENSATION SETTLEMENT WITH KARL MCMILLON

the right knee and chemical exposure, including attorney's fees and voluntary resignation to alleviate the potential for re-injury. Motion carried and ordered unanimously.

CONTRACT AGREEMENT WITH IBM, RE: MAINTENANCE SERVICE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Contract Agreement with International Business Machines (IBM) for 24-hour, seven-days-a-week, maintenance service. Motion carried and ordered unanimously.

LETTER OF AGREEMENT WITH GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC., RE: EXPERT WITNESS FOR FARM & GROVE REALTY V. BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Letter of Agreement with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. for expert witness services for Farm & Grove Realty v. Brevard County. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the Bills and Budget Changes. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING EAST RAIL ROAD STREET IN PLAT OF AURANTIA - CECIL H. FAIN

Chairman Higgs called for the public hearing to consider resolution vacating East Rail Road Street in Plat of Aurantia, as petitioned by Cecil H. Fain.

Assistant Public Works Director Ed Washburn stated Mr. Fain has requested the item be continued until April, 2000 as there are unresolved issues with Blounts Ridge Road paving and the Florida East Coast Railroad. He stated the item will have to be readvertised.

Commissioner Scarborough stated since staff will have to readvertise the public hearing, the motion will not be to continue the public hearing and no action needs to be taken.

PUBLIC HEARING, RE: RESOLUTION VACATING EAST RAIL ROAD STREET IN PLAT OF AURANTIA - CECIL H. FAIN

The Board took no action to adopt resolution vacating East Rail Road Street in Plat of Aurantia, as petitioned by Cecil H. Fain, as the applicant requested the public hearing be heard in April, 2000 and staff has to readvertise the public hearing.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN PORT ST. JOHN, UNIT 3 - MICHAEL AND SANDRA MCDANIEL

Chairman Higgs called for the public hearing to consider resolution vacating public utility and drainage easement in Port St. John, Unit 3, as petitioned by Michael and Sandra McDaniel.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easement in Port St. John, Unit 3, as petitioned by Michael and Sandra McDaniel. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN SECTION 26, TOWNSHIP 26S., RANGE 36E. - ROY PENCE

Chairman Higgs called for the public hearing to consider a resolution vacating rights-of-way in Section 26, Township 26S., Range 36E., as petitioned by Roy Pence.

Assistant Public Works Director Ed Washburn stated the applicant requested the east/west right-of-way which is south of the proposed Grand Haven Subdivision be continued until December 14, 1999.

Commissioner Carlson stated she has some issues with both of the rights-of-way; and she needs additional time concerning the east/west right-of-way to talk to the Windover Homeowners Association.

Sandra Stone stated she does not want to see Turtlemound Road expanded or opened as it is going to cause serious quality of life degradation for her family; people are already driving too fast through the area; there is property value at stake; and loss of life is her primary concern.

Commissioner Carlson stated there is no intention to open up either one of the access points; the petitioner wants to vacate the rights-of-way; but because of the Pineda Extension, the County does not know exactly how the design is going to work; and the only question she had was on the southern boundary which abuts Windover which the petitioner wants to vacate and would not allow any vehicle pass-through. She stated she wants to discuss a potential pedestrian walk-through with the Association; and that is why she is not comfortable approving the item at this time.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN SECTION 26, TOWNSHIP 26S., RANGE 36E. - ROY PENCE

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to continue the public hearing to consider resolution vacating rights-of-way in Section 26, Township 26S., Range 36E., as petitioned by Roy Pence until January 18, 2000 at 5:30 p.m. for the south right-of-way. Motion carried and ordered unanimously.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to continue public hearing to consider resolution vacating rights-of-way in Section 26, Township 26S., Range 36E., as petitioned by Roy Pence until May 9, 2000 at 9:00 a.m. for the westerly right-of-way, with re-advertising of the hearings. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TEMPORARY USE AGREEMENT WITH BREVARD TOWER COMMUNICATIONS, INC., AND MICROSTAR, INC. FOR PLACEMENT OF SATELLITE TESTING RESEARCH EQUIPMENT AND MATERIALS FOR CORIOLIS SATELLITE PROGRAM

Chairman Higgs called for the public hearing to consider a temporary use agreement with Brevard Tower Communications, Inc., and Microstar, Inc. for placement of satellite testing research equipment and materials for Coriolis Satellite Program.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to execute Temporary Use Agreement with Brevard Tower Communications, Inc. and Microstar, Inc. for continued placement of satellite testing research equipment and materials for the Coriolis Satellite Program on property south of I-95 and west of Minton Road. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: CONSIDERATION OF ADMINISTRATIVE ADJUSTMENT OF RESIDENTIAL DENSITY MAP FOR PARCEL 250, SECTION 14, TOWNSHIP 24S., RANGE 36E.

Chairman Higgs called for the public hearing to consider administrative adjustment of residential density map for Parcel 250, Section 14, Township 24S., Range 36E.

Attorney Leonard Spielvogel, representing Pulte Construction Corporation, stated his client is seeking an adjustment of a density boundary; and distributed maps, site plans, and an excerpt

PUBLIC HEARING, RE: CONSIDERATION OF ADMINISTRATIVE ADJUSTMENT OF RESIDENTIAL DENSITY MAP FOR PARCEL 250, SECTION 14, TOWNSHIP 24S., RANGE 36E.

from Future Land Use Element, Policy 1.7 which addresses density area boundaries. He noted his client is presently going through the site plan application stage which was submitted on September 13, 1999; the way the property was configured from a zoning and Comprehensive Plan point of view, his client has a zoning of RU-2-10 on the south side and RU-2-15 on the north; but under the Comprehensive Plan, they can build 10 units to the acre south of the density boundary line and four units per acre to the north of the line, for a total of 264 units; and that is what is being processed through site plan application. He stated there are 177 units south of the density line and 87 units north of the density line; his client is requesting the County move the density line to the north property line; south of the old density line, there will be 106 units rather than 177 units; further to the north and away from the Villa de Palmas Subdivision, his client will go from 87 units to 158 units; and there will be the same total of 264 units. Attorney Spielvogel advised nothing has changed except moving the density away from Villa de Palmas and toward the Bennett Causeway; that is his client's request; and the Homeowners Association agreed it is a good idea.

Commissioner O'Brien stated he is surprised no one from Villa de Palmas is present this morning to speak because there are individuals upset by the project; the property was zoned for multi-family units approximately 20 years ago, long before he became a Commissioner; the property owner has the right to use the zoning; and the Board cannot arbitrarily change such zoning. He complimented Attorney Spielvogel and Pulte Construction Corporation for working with him and the Homeowners Association; stated it is very important they work with the people most directly affected by the project; they have done that and held a meeting last night; and they are trying to move the density away from the Villa de Palmas and closer to S.R. 528. Commissioner O'Brien expressed concern about ingress and egress; stated in the future, S.R. 3 will be divided by a barrier all the way to Venetian Way where the light will be at Venetian; and if Attorney Spielvogel can have the light moved to Via de la Reina, then the problem may be solved. He noted if Attorney Spielvogel cannot assure the Board that the light shall be moved back to Via de la Reina for the safety, health and welfare of all the people who will have to cross three lanes of traffic, it would be unconscionable on the part of the Board to allow that to occur. He stated the plan this morning is great; Attorney Spielvogel has tried to work for the benefit of his customer, as well as the homeowners in Villa de Palmas; but there is a serious safety problem with the ingress/egress; and his motion will include certain stipulations.

Motion by Commissioner O'Brien, to approve administrative adjustment of residential density map for Parcel 250 in Section 14, Township 24S., Range 36E. for 264 units, move the density to the northern marker on the requested blueprint addressed with the pink colored line; and no ingress/egress onto Villa de la Reina.

PUBLIC HEARING, RE: CONSIDERATION OF ADMINISTRATIVE ADJUSTMENT OF RESIDENTIAL DENSITY MAP FOR PARCEL 250, SECTION 14, TOWNSHIP 24S., RANGE 36E.

Commissioner Carlson inquired if Commissioner O'Brien is going to include a condition to provide the homeowners with flexibility concerning the southern border so they can have input. Commissioner O'Brien stated he will include it in his motion.

Attorney Spielvogel stated he is prepared to withdraw his request as he cannot accept the condition imposed by Commissioner O'Brien to not have access to Villa de Palmas. He advised the site plan that is going through approval meets all the requirements of the County Code; to impose upon his client an obligation to create a new access is unacceptable; and one of the reasons there is no one here from Villa de Palmas this morning is because last night in response to questions put to him, he assured them that the only item that would be coming before the Board was his request for moving the density boundary some 400 feet to the north. He stated his request has been simply to move the density boundary; and if that is not acceptable, they will go with the permitted layout.

Chairman Higgs inquired is the 60 feet going to be a buffer between any kind of structure; with Joe Mayer, representing Bussen, Mayer Engineering, responding affirmatively.

Commissioner Scarborough stated it may be good to withdraw the motion to see how the traffic issue can be discussed in a broader sense as Commissioner O'Brien has legitimate concerns.

Attorney Spielvogel stated his client has a project that he has to move forward on; there are timing schedules; all he wants to do is be able to make it better; they are going to have to face this problem through site plan review; and if there is a problem, they will be dealing with the County's Engineering and Land Development Departments. He noted it makes more sense to have a traffic light at Via de la Reina and they will work toward that objective; and requested the Board give his client the change of density line so he can move forward with the project. He stated Commissioner O'Brien is correct that it is a bad situation; his client is also concerned about the people he is going to be selling to in the project; he will work with the Board as he has up to now; this is not the last project Pulte Homes is going to bring before the Board; and if the Company disappoints Brevard County, it is going to remember it. Attorney Spielvogel requested Commissioner O'Brien reconsider his motion and allow the Company to move the density line and go forward with the project. Attorney Spielvogel stated if his client does not satisfy the level of service or meet concurrency, he cannot build the project; however, they do meet concurrency; they are willing to work with the homeowners; the way to do it is by presenting site specific information from a recognized traffic person; and that is why Pulte Homes hired Sans Lassiter. Commissioner O'Brien reiterated his concerns on the traffic problem.

PUBLIC HEARING, RE: CONSIDERATION OF ADMINISTRATIVE ADJUSTMENT OF RESIDENTIAL DENSITY MAP FOR PARCEL 250, SECTION 14, TOWNSHIP 24S., RANGE 36E.

Commissioner Voltz stated she understands there is a traffic problem; if the Board does not pass this, the people are going to come out on the road anyway; there is nothing it can do about it; they are going to go on the road whether the Board approves the item or not; and it should not be incorporated into the discussion or motion. She advised the second plan is a much better plan for the people who live in the area; and while the traffic is an issue, it is not an issue in what the Board is discussing today, and she does not want to see it involved.

Chairman Higgs requested the Board take a recess to allow staff to come up with language concerning the item.

The meeting recessed at 10:15 a.m. and reconvened at 10:35 a.m.

Planner Todd Corwin advised the applicant agrees to fund a traffic impact study to analyze a four-way signalized intersection at Venetian Way connecting to the subdivision, or a signalized intersection at Via de la Reina and S.R. 3; following the study, the applicant will participate with the County and possibly the Florida Department of Transportation (FDOT) in achieving signalization either at Via de la Reina or Venetian Way, depending on the results of the study; however, nothing herein provided shall require Pulte Homes to contribute to the costs of the signal light or be deemed a condition preceding or subsequent to the relocation of the density boundary or imposed obligation on Pulte Homes, other than those provided in the County Code.

County Attorney Scott Knox stated he approached the possibility if it turned out there could not be a light at the intersection of Via de la Reina and Courtenay Parkway, that the developer would build a road on the Ellis property if the County acquired the right-of-way; Pulte Homes said it would do that if it could get impact fee credit for it; and it is not unusual as Brevard County has done it in the past. Commissioner O'Brien stated it is a good solution; and he will withdraw his previous motion.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to approve administrative adjustment of residential density map for Parcel 250 in Section 14, Township 24S., Range 36E. for 264 units, with the closest structure being 60 feet from Villa de Palmas, Unit 1, subject to the applicant agreeing to fund a traffic impact study to analyze a four-way signalized intersection at Venetian Way connecting to the subdivision, or a signalized intersection at Via de la Reina and S.R. 3;

PUBLIC HEARING, RE: CONSIDERATION OF ADMINISTRATIVE ADJUSTMENT OF RESIDENTIAL DENSITY MAP FOR PARCEL 250, SECTION 14, TOWNSHIP 24S., RANGE 36E.

following the study, the applicant will participate with the County and possibly Florida Department of Transportation in achieving signalization either at Via de la Reina or Venetian Way, depending on the results of the study; however, nothing herein provided shall require Pulte Homes to contribute to the cost of the signal light or be deemed a condition preceding or subsequent to the location of the density boundary, or an imposed obligation on Pulte Homes other than those provided in the County Code; and in addition, if there cannot be a light at the intersection of Via de la Reina and Courtenay Parkway, the developer would build a road on the Ellis property if the County acquired the right-of-way and would receive impact fee credit for the road. Motion carried and ordered unanimously.

RESOLUTION OF SUPPORT, RE: IMPLEMENTATION OF CENTRAL AND SOUTH FLORIDA WATER MANAGEMENT PROJECT

George Koraly, representing Friends of the St. Sebastian River and Micco Homeowners Association, stated the Martin County statement that the resolution may have a negative impact upon obtaining funds for the Indian River Lagoon Restoration Program may be true; however, the video tape, aerial photographs and muck samples they have previously presented to the Board dramatically demonstrate the detrimental impact the muck and flushing it out of the St. Sebastian River has on the Indian River Lagoon; and efforts to remove the slime from the River would be a giant step in the restoration of the Lagoon. He advised there are existing sources of muck being deposited to the River that the County, municipalities and private property owners must accept a responsibility to correct; the federal government and the State have the obligation for a majority of the costs to correct this problem; the purpose of the resolution is to have some of the $7.8 billion allocated for the Everglades restoration to correct environmental problems throughout what was originally the South Florida Water Management and the Central Florida Water Management Districts; the reason they approve of that is because the representatives from Congress and the Senate for the other states are concerned about the amount of money allocated to Florida; and to try to obtain additional funds for these projects from Congress would be difficult. He requested the Board's support of the resolution.

Commissioner O'Brien stated the federal government has had 50 years to accomplish something, whether it be water management or water control; and expressed concern about repeating the same thing over again, unless the Army Corps of Engineers and the federal government come back and say this is not doomed for failure and they promise the public they are not going to waste $7.8 billion again to say it did not work and will have to try again. He noted it is taking money out of Brevard County and its Indian River Restoration Projects; and if the Board supports the resolution today, it is saying the restoration of the Everglades is more important than Brevard County which has the largest portion of the Indian River to clean up.

RESOLUTION OF SUPPORT, RE: IMPLEMENTATION OF CENTRAL AND SOUTH FLORIDA WATER MANAGEMENT PROJECT

Commissioner Carlson stated the Florida Association of Counties has a priority list; one of its top priorities is the plan of the Everglades Ecosystem funding; it supports State funding for the restoration of the entire Everglades Ecosystem, including the Central and Southern Florida Project Comprehensive Review Study, Lake Okeechobee, and the St. Lucie River; she supports this, but she has concerns that Brevard County does not want to divert any funds away from the Lagoon restoration; and she does not have a problem making a motion if there could be a cover letter from the Chairman providing the concern that Brevard County does not want to divert these funds and it supports the project as long as that does not occur.

Commissioner Voltz stated it may sound good on the surface, but it is not going to fly when it comes time to get funds for projects; and if Brevard County wants to make sure the Indian River Lagoon is protected and funded properly, it should not support the resolution.

Commissioner O'Brien stated Brevard County is deeply concerned about its quality of life; he does not mind being parochial and saying he is here to vote for Brevard County; if somebody else wants to defend the Everglades, so be it; and the sugar companies should be putting up $1.87 million a year and not Brevard County since they are the ones who made the profits from it.

Commissioner Scarborough stated the Board can frame the resolution in any manner it wants; he agrees with Commissioner O'Brien's concern; if the Board adopts a resolution, it could incorporate its agenda in it and include other caveats of concern; and it could also request Martin County to reciprocate with a resolution supporting Brevard County's projects with the Indian River Lagoon. He recommended Chairman Higgs contact the Chairman of Martin County Board of County Commissioners.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to table the Resolution of support for implementation of Central and South Florida Water Management Project until January 25, 2000. Motion carried and ordered unanimously.

REQUESTED CHANGE TO WETLAND MITIGATION PLAN, RE: POST COMMONS

Surface Water Improvement Director Ron Jones stated Commissioner Carlson and County staff have worked closely with the consulting engineering firm, development interests, and property owners directly adjacent to the proposed mitigation site; they have worked out a situation whereby the City of Melbourne has allowed for an additional 125 truck loads of material to be removed from the site, in addition to the 135 truck loads there were remaining as a result of the previous agreement; and there are 260 truck loads of material that will be allowed to be

REQUESTED CHANGE TO WETLAND MITIGATION PLAN, RE: POST COMMONS

removed from the site. He advised the proposal, as it currently stands, provides for more floodplain storage than that which was in the existing condition prior to construction of the mitigation area, so it has a net improvement in the flood storage; the proposal currently provides more creation of mitigation area than was included in the original proposal; and it meets approval of the Homeowners' Association. Mr. Jones stated staff has drafted a proposed condition which has been agreed to by the developer, as follows: "The developer shall fully utilize the 260 additional truck loads agreed to by the City of Melbourne by insuring that all haul trucks leaving the site be fully loaded. A reduction in berm width is allowable in order to satisfy this requirement."

Commissioner Carlson stated she would like to add to the condition to satisfy the requirement to maximize flood storage on site, preserve two existing oak trees within the mitigation area specifically identified at the site, remove the existing pine tree within the northern portion of the property, and remove an existing pine tree located upon on adjacent lot, subject to receipt of a right-to-entry and hold harmless agreement from the property owner to the benefit of the client, Post and Wickham Corporation.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve a change to the Wetland Mitigation Plan for Post Commons, subject to the developer fully utilizing the 260 additional truckloads agreed to by the City of Melbourne by insuring that all haul trucks leaving the site will be fully loaded, and a reduction in the berm is allowable in order to satisfy the requirement; preserving two existing oak trees within the mitigation area identified at the site; removing existing pine tree within the northern portion of the property, and removing existing pine tree located on an adjacent lot upon receipt of right-of-entry and hold harmless agreement from the property owner to the benefit of Post and Wickham Corporation. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: DIAMOND ROAD

Commissioner Scarborough inquired have the people on Diamond Road been contacted and know about the meeting; with Traffic Engineering Director Dick Thompson responding County staff always notifies the individual who submits the petition when the agenda item will be scheduled before the Board so they can advise the neighbors.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve request for installation of speed humps on Diamond Road, located in Port St. John. Motion carried and ordered; Commissioner Voltz voted nay.

SPEED HUMP REQUEST, RE: HARTMAN STREET

Commissioner Scarborough stated he finds it difficult to put in speed humps with few traffic problems, so he will move for denial of the speed hump request.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to deny request for installation of speed humps on Hartman Street, located in Port St. John. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: WEST STRATFORD DRIVE

Lois Harper stated the traffic has become worse on West Stratford Drive; she and her husband have been threatened when asking drivers to slow down; and requested the Board's support for the speed humps.

Marshall Schill offered to make templates; suggested all the speed humps on Stratford Drive be consistent so people will not choose one route over the other; and requested the Board's approval of the speed humps.

Commissioner O'Brien inquired about the templates; with Mr. Thompson responding he will check with the Road and Bridge Department to see what it is using for a template, and the Department is supposed to be using one that meets standards. Commissioner O'Brien stated the County should have a standardized template for speed humps; the study done on West Stratford Drive indicated that four out of the five criteria for speed hump installation were met; and the survey indicated 92% of the residents were in support, and no one indicated disapproval.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve request for installation of speed humps on West Stratford Drive, located in Cocoa. Motion carried and ordered; Commissioner Voltz voted nay.

DISCUSSION AND DIRECTION, RE: WEST CANAVERAL GROVES STATUS REPORT

Assistant County Manager Peggy Busacca stated the County is seeing a larger percentage of people who move into the West Canaveral Groves area obtain building permits; it is due to the active enforcement which is occurring; any homes which do not currently have permits are under enforcement action at this time; there has been a drop off in the number of homes which are existing permanent structures which are coming into compliance; and there is a reduction in the amount of people who can afford to come into compliance. She advised those who can afford to come into compliance have done so; based upon Board direction, staff has

DISCUSSION AND DIRECTION, RE: WEST CANAVERAL GROVES STATUS REPORT

also initiated a survey to determine if the area is eligible for funding such as CDBG or other grants; the survey results are coming in slowly and the information will not be available for the Board for the next several months; and the report includes survey results of infrastructure improvements which were given to the Board in a separate memorandum several months ago. She advised there are no improvements, either roads or water, which are supported by the minimum amount to establish an MSBU; however, there continues to be an outstanding issue of roads and water which are not equivalent to the protection that is provided to other members of the community; and people are continuing to move out there.

County Manager Tom Jenkins stated the character of the neighborhood is changing; there was a time several years ago when Brevard County started trying to deal with the problem that it had with extremely low income people there living in modest accommodations; but it is changing where there are now working families moving out there. He stated another issue is having two sets of standards in the community; there is one set of standards throughout all of Brevard County except for that area; and it is a Code Enforcement issue that needs to be dealt with at some point.

Chairman Higgs suggested staff explore a change in the Code that would allow the County to be more stringent with individuals in the installation business who are putting homes in. Mr. Jenkins stated the County can handle the installers, but it is the individual who is doing it on his own that is the problem.

Commissioner Voltz stated the Board has been dealing with this for years; somebody has to take the bull by the horns and make tough decisions; not everyone is going to be happy, but something has to be done; it is not fair to the rest of the citizens in the community for the Board to allow what is going on out there to happen over and over again; and the County turns its head and allows it to continue. She noted if someone's life is lost out there because an ambulance cannot get down one of the roads, the County is going to be held responsible.

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to develop an amendment to the Ordinance that would no longer allow construction of homes or mobile homes on roads not up to County standards in the West Canaveral Groves area. Motion carried and ordered unanimously.

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

APPROVAL, RE: 2000 BOARD MEETING SCHEDULE

Commissioner O'Brien stated he does not like coming to a meeting on a Tuesday morning after a three-day weekend and having the inability to develop his questions on Monday afternoon.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to change the January 18, 2000 meeting from 9:00 a.m. to 5:30 p.m. Motion carried and ordered unanimously.

Commissioner O'Brien requested the zoning meeting scheduled on February 24, 2000 be moved to March 2, 2000.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to change the February 24, 2000 meeting to March 2, 2000. Motion carried and ordered unanimously.

Commissioner Carlson stated she has a conflict on March 7, 2000 due to the NACO meeting; and requested moving it to March 14, 2000.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to change the March 7, 2000 meeting to March 14, 2000. Motion carried and ordered unanimously.

Commissioner O'Brien requested the budget workshop on July 12, 2000 be moved to July 13, 2000 at 1:00 p.m.; add a budget workshop on July 20, 2000 at 10:00 a.m.; and move the tentative millage rate meeting from July 27, 2000 to July 25, 2000.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to change the July 12, 2000 meeting to July 13, 2000 at 1:00 p.m., July 20, 2000 as a budget workshop at 10:00 a.m., and July 27, 2000 to July 25, 2000. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the Chairman to send a letter to the Metropolitan Planning Organization (MPO) requesting cancellation of its meeting on June 8, 2000. Motion carried and ordered unanimously.

Commissioner Scarborough stated there are five regular meetings scheduled in August, 2000; and requested the August 22, 2000 meeting be canceled.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to cancel the August 22, 2000 meeting. Motion carried and ordered unanimously.

APPROVAL, RE: 2000 BOARD MEETING SCHEDULE

Commissioner O'Brien requested the September 28, 2000 meeting be moved to September 21, 2000.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to change the September 28, 2000 meeting to September 21, 2000. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the 2000 Board Meeting Schedule, as amended. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DR. CALVIN D. FOWLER, U.S. SPACE WALK OF FAME FOUNDATION, RE: LOBBYIST ASSISTANCE TO SEEK FUNDING FOR U.S. SPACE WALK OF FAME FOUNDATION

Dr. Calvin D. Fowler, U.S. Space Walk of Fame Foundation, stated they are a 501C3 and have been trying to get funds from the State; and requested the Board's assistance. He showed a video presentation to the Board and audience on the U.S. Space Walk of Fame Foundation; and requested assistance to seek funding for the Foundation.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize Lobbyist Guy Spearman to assist the U.S. Space Walk of Fame Foundation in seeking funding for the Foundation; and request the Legislative Delegation support it as a historical effort. Motion carried and ordered unanimously.

SUPPORT INCLUSION OF SWIM AND IRLNEP BUDGET REQUESTS, RE: BREVARD COUNTY LEGISLATIVE DELEGATION PACKAGE

Commissioner O'Brien requested Chairman Higgs work on the inclusion of Sykes Creek, particularly at the "S" curve, in the County's Legislative Delegation package.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to include support of the SWIM and IRLNEP projects in Brevard County in the Legislative Delegation package on December 16, 1999. Motion carried and ordered unanimously.

PERMISSION TO ISSUE, RE: OPEN PURCHASE ORDERS IN EXCESS OF $35,000 TO APPROVED VENDORS OF RECORD

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve use of listed vendors of record and issuance of blanket purchase orders, or in lieu of purchase orders,

PERMISSION TO ISSUE, RE: OPEN PURCHASE ORDERS IN EXCESS OF $35,000 TO APPROVED VENDORS OF RECORD

authorize the Chairman to execute contracts exceeding $35,000 to those vendors, subject to the sign-off sheet being the cover sheet for contracts taken to the Chairman; and approve competitive action in the event of unforeseen changes to the approved vendor list and/or cooperative purchase programs. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - STUART GLEMAN, FRIENDS OF THE ENCHANTED FOREST, RE: ANCIENT OAKS 100-MILE TRAIL ENDURANCE RUN

Chairman Higgs stated the Ancient Oaks 100-mile Trail Endurance Run issue was previously resolved.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:02 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)