The Board of County Commissioners of Brevard County, Florida, met in regular session on May 5, 1998, at 9:08 a.m., in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Bishop Stanley Moon, Church of Jesus Christ of The Latter Day Saints, Titusville, Florida.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of April 2, 1998 Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: DESIGNEE TO PROTECTION LAND MANAGEMENT REVIEW TEAM

County Manager Tom Jenkins advised of a request to identify someone to participate on the Florida Department of Environmental Protection Land Management Review Team; and suggested Charles Nelson or his designee, with the intent Mr. Nelson would probably designate someone from the EEL's staff.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appoint Charles Nelson, Parks and Recreation Director, or his designee to the Florida Department of Environmental Protection Land Management Review Team. Motion carried and ordered unanimously.

REPORT, RE: JOINT MEETING WITH NORTH BREVARD HOSPITAL DISTRICT BOARD

Commissioner Scarborough advised Commissioner Higgs brought up the idea of meeting with the North Brevard Hospital Board; his Special Assistant Rene Davis contacted at least half of the members; and when Mr. Davis talked to J. J. Parrish, Chairman of the Hospital Board, Mr. Parrish said since they were meeting last night, it would be best to discuss it as a group. He stated he has not gotten the results of that meeting yet, and would like to bring the subject back up at the end of the meeting. He noted a large number of the members expressed an interest in meeting jointly with the Board of County Commissioners, so it has been received favorably.

REPORT, RE: TELEPHONE SLAMMING

Commissioner O'Brien advised of a bill that was included with his Southern Bell bill with the word "Hold" in the top lefthand corner; and stated a vendor at the Island Fest on Kiwanis Island may have been called "Hold" or "Consumer Access" and charged $5.91 because a person may have filled out a card for a contest. He stated he did not attend the Island Fest and was amazed that it happened to him; and recommended all citizens, Commissioners, and County staff check their phone bills and not pay the charge if it is on the bill. He stated it is telephone slamming; and suggested the County Manager talk to Parks and Recreation to ensure that in the future children and teenagers who go to those events and fill out cards not use their parents' names.

REPORT, RE: SURPRISE VISIT

Commissioner O'Brien advised of a surprise visit from Pete Demill, a friend whom he has not seen since 1964, and Mr. Demill's activities and adventures of traveling throughout the United States.

REPORT, RE: EDITORIAL ON SCRUB HABITAT

Commissioner Cook advised there was an Editorial in the Sunday TODAY Newspaper that had the wrong amount of scrub; he verified the figures with Dr. DeFreese; and Brevard County has actually acquired 2,600 acres in scrub and not 900 acres. He stated that was also contained in Dr. DeFreese's letter which was sent to the State on the Brevard Coastal Scrub Ecosystem Initiative, when he was head of the EELS Program. He stated the Board reaffirmed that Initiative last week while not adopting the $90 million plan that was proposed; and the Editorial was not very fair and wavered from certain standards he would have expected from a newspaper. Commissioner Cook stated it is important to make sure that figures are accurate; he does not expect the newspaper to agree with the Board, but it is important to look at both sides of an issue and understand why the majority of the Board took the position it did; and it was the right position. He stated as an update to the acquisition program under the EELS Program, the Coastal Scrub Ecosystem Initiative already acquired 10,400 acres; that does not include Federal lands which have in excess of 11,000 to 13,000 acres of scrub habitat on the Space Center and Refuge; and the County is scheduled to acquire another 18,000 acres under the Coastal Scrub Ecosystem Initiative in addition to the 10,400 acres it has already acquired. Commissioner Cook noted the County has acquired over 12,693 acres under the EELS Program; it does an injustice to the public when it looks as though nothing is being done to protect an endangered or threatened species; and the Editorial seemed to indicate that the Board abandoned it completely. He stated the Endangered Species Act must be complied with; and people who are developing properties with scrub jays have to deal with the U.S. Fish and Wildlife Service. He read the action the Board took on April 28, 1998 as follows: "The Board of County Commissioners, in regular session on April 28, 1998, approved continuing to pursue the Brevard County Coastal Scrub Ecosystem Initiative as proposed by the Board, and submitting a new scrub jay plan to the U.S. Fish and Wildlife Service after additional acquisitions and CARL funding if deemed appropriate; acknowledged its support of staff's efforts to appropriately manage the County's existing scrub jay lands for the scrub jays; and directed the County Manager to contact Guy Spearman and request assistance in expediting the County's reimbursements by the CARL Program on previously purchased lands from the Land Management Division." He stated that motion passed unanimously; it is important for the public to understand that, because they will not read it in the newspaper; and he wanted to set the record straight.

Commissioner Higgs advised the protection for endangered and threatened species is the same under the Endangered Species Act even though they are different categories. She stated Commissioner Cook has a 1996 memo from Dr. Duane DeFreese, but did not reference the 1998 memo which included the GIS references she quoted from at the last meeting; there is an obvious difference in acreage; and to be factual, both of those figures have to be considered. Commissioner Cook stated he talked to Dr. DeFreese on Friday; with Commissioner Higgs responding Dr. DeFreese is no longer with the County; and the figures that she quoted were provided by staff using the GIS maps; and to ensure they are facts, the Board should ask for a resolution of the two different figures.
Commissioner Cook stated his staff met with County staff yesterday, and what they extracted was 2,529 acres of scrub habitat that has already been acquired under Phase 1 of the Coastal Scrub Ecosystem Initiative; and he double checked the facts to make sure he was dealing with accurate information. Commissioner Higgs stated Commissioner Cook is using two different sets of facts, a set of facts from Dr. DeFreese and a set of facts his staff extracted; and there is a third set of facts that were taken from the GIS maps. Commissioner Cook stated the figures came from County staff; with Commissioner Higgs responding so did the 900 acres that she quoted last week.

Commissioner Higgs stated Commissioner Cook mentioned people having to deal with the Fish and Wildlife Service, and that is true; however, he should have been clear and said if the Board had adopted a plan, those people would not have to deal with the Fish and Wildlife Service and could deal with the County for a permit. Commissioner Cook stated it would be a new County bureaucracy. Commissioner Higgs stated property owners could deal with the federal bureaucracy in Jacksonville or with the County bureaucracy that is within reach of the population. Chairman Voltz stated it would cost the taxpayers money; with Commissioner Higgs responding it would be taxpayers' money either way, but it would cost less for individual landowners than dealing with Fish and Wildlife Service individually. Commissioner Cook stated they would be assessed under the Scrub Jay Plan; with Commissioner Higgs responding it would have been totally voluntary. Commissioner Cook stated it was a bad plan; the plan the Board adopted is a good plan; and it will acquire nearly 30,000 acres under the Coastal Scrub Ecosystem Initiative. Commissioner Higgs stated it will not be all scrub land; with Commissioner Cook responding no, but it is being acquired for the scrub habitat.

Commissioner Higgs advised the Scientific Advisory Board's recommendations of 1995, discussed by the Board in workshop sessions, talked about what scientifically was needed to preserve the species; it was estimated between 9,000 and 10,000 acres of scrub; and those are the figures the Board is trying to get to. Commissioner Cook stated there are 11,000 to 13,000 acres of scrub habitat that the federal government would not let the County count which is insane if the idea is to preserve the species. Commissioner Higgs stated the populations on federal lands are isolated from the mainland populations; under the SCDP, the populations of birds on Merritt Island and Cape Canaveral were not considered necessary to the survival; and Commissioner Cook is talking about two different populations that do not fly across the river.

Commissioner Cook reiterated his contacts with Dr. DeFreese who indicated the County acquired over 2,600 acres of scrub with local funds. He stated by the time the County is done with the plan it adopted last week, it will have acquired an additional 18,000 acres; so the County is doing a lot, and he objects when people indicate the County is doing nothing to protect the scrub jay. Commissioner Higgs stated the County is doing something, but it is not doing enough to preserve the species; and what she finds disappointing in the whole process is the inability to factually deal with the issues. Commissioner Cook stated the Board has not been dealing with the facts, and that Editorial was not factual; with Commissioner Higgs responding she was not responsible for the Editorial, but the Board needs to deal with the facts and get answers to questions and accurate information. Commissioner Cook stated the issue has been mired in misinformation, and it is time to get accurate information. Commissioner Higgs agreed with getting real facts and get the scientists to give the Board the information to evaluate. Chairman Voltz stated the Board could get two different answers from two different scientists; with Commissioner Higgs responding not if the information comes from the people who are in the field actually measuring the species to determine if they are increasing or decreasing. Commissioner Cook reiterated the motion last week was to go forward, continue the acquisitions, and look at submitting a plan to Fish and Wildlife in the future.

RESOLUTION, RE: COMMENDING EEL'S PROGRAM SELECTION COMMITTEE MEMBERS

Chairman Voltz read aloud a resolution commending David Cox, Kenneth Friedland, Margaret Hames, Charles Ross Hinkle, Randall Parkinson, Paul Schmalzer, and Hilary Swain, current members of the Environmentally Endangered Lands Selection Committee, for their visionary leadership and exceptional volunteer service in the establishment and implementation of the Brevard County Environmentally Endangered Lands Program.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution commending the members of the EEL's Program Selection Committee for their outstanding volunteer public service and contributions. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to Margaret Hames, Dr. C. Ross Hinkle, and Dr. Randall Parkinson. She advised David Cox, Kenneth Friedland, Paul Schmalzer and Hilary Swain could not attend the meeting.

C. Ross Hinkle read a statement from Hilary Swain who served as Chair from 1990 to 1994, as follows: "The network of biologically-rich sanctuaries created by Brevard's Environmentally Endangered Lands Program will prove to be, I'm sure, one of the greatest living legacies any local government could have given the people of this County. In the generations to come, we will have some corners where we can enjoy the real Florida, the Florida of open views, pine-scented breezes, flower-rich prairies, and charismatic animals. I was very honored to serve on the Endangered Lands Selection Committee and took great pleasure in my role. It should not be you who honors me, rather it is I who thank you for the opportunity to serve. It was a great adventure." Mr. Hinkle thanked the Board for its support of the Program; stated it will get even more exciting than it has been during much of the acquisition phase, as they begin to see the management of the sites; and encouraged the Board to maintain its stewardship and work with the Committee to see that the stewardship carries into the future for the citizens of Brevard County.

Commissioner Scarborough advised the Program evolved from a referendum of the people; the people of Brevard County supported it overwhelming, which indicates that people are very selective with the programs they choose to tax themselves for; and the people of Brevard County did select the EEL's Program. He noted the Committee came into existence because of that vote.

Commissioner Cook stated the Board needs to also credit Dr. Duane DeFreese who did a phenomenal job with the help of the Committee; and it is the best land acquisition program in the State of Florida and probably the country. He stated Dr. DeFreese said there is not a county at the level that Brevard County is at in protecting environmentally endangered lands; and that is a credit to the Committee and the County.

Mr. Hinkle stated the current staff is doing an excellent job supporting the committee; they are happy working with the Parks and Recreation Department; and they are excited about the four centers that will develop over the next year or so, and look forward to working with the Board in the future.

REPORT, RE: MINIATURE CAR RACE

Commissioner O'Brien advised he was invited to Cocoa for a miniature car race and crashed his car; and the EMS people were on the scene in 30 seconds.

AMENDMENT TO AGREEMENT WITH CITY OF MELBOURNE, RE: OVERFLOW PARKING AREA AT SOUTH BREVARD SERVICE COMPLEX

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Amendment to Agreement with City of Melbourne for the use of the overflow parking lot at the South Brevard Service Complex on a month-to-month basis. Motion carried and ordered unanimously.

AMENDMENT TO LEASE AGREEMENT WITH CHILD CARE ASSOCIATION, RE: USE OF FACILITIES AT GIBSON COMMUNITY CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Amendment to Lease Agreement with Child Care Association of Brevard County for space at Gibson Community Center at $1.00 a year from June 1, 1998 through May 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: RECARPETING AND TEMPORARY CLOSING OF SATELLITE BEACH PUBLIC LIBRARY

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve recarpeting of Satellite Beach Public Library by Collins & Aikman Floor Coverings, Inc. under State Contract, at estimated cost of $69,200; and authorize closing of the Library while the carpet is being installed. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST MASSAGE AND ALLIED HEALTH INSTITUTE, RE: RIDE ALONG PROGRAM WITH FIRE RESCUE UNITS

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Agreement with Space Coast Massage and Allied Health Institute to allow students to observe and participate in an emergency ambulance service program by allowing them to ride along with the Brevard County Fire Rescue ambulance crews. Motion carried and ordered unanimously.

AGREEMENT WITH KEEP BREVARD BEAUTIFUL, RE: RECYCLING EDUCATION PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Agreement with Keep Brevard Beautiful, Inc. to provide the Recycling Education Program in the schools at $32,519.08 for FY 1998-99. Motion carried and ordered unanimously.

DIRECTION, RE: RFP FOR EMPLOYEE BENEFITS CONSULTANT

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve listed services recommended by the Employee Insurance Advisory Committee to be included in a Request for Proposals (RFP) for employee benefits consulting services; authorize advertising the RFP; and appoint the Employee Insurance Advisory Committee as the Selection Committee to review proposals and make a recommendation to the Board. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-2-8-56, RE: PROTECTIVE FILM COVERINGS FOR LIBRARIES

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to award Quote #Q-2-8-56, Protective Film Coverings for Libraries, to Franzese's Glass Works at $36,169 for Melbourne, Degroodt and North Brevard Libraries. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to appoint Pastor Louis Mondy to the Country Acres Advisory Board; Mike Cunningham to Code Enforcement Board, and Brian Hurley to Valkaria Airport Advisory Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY AND UTILITY EASEMENTS IN VIERA, PARCEL KK, PHASE II, AND REPLAT OF PORTION OF LOT 3, VIERA, TRACT JJ, PHASE I - WUESTHOFF HEALTH SYSTEMS, INC.

Chairman Voltz called for the public hearing to consider a resolution vacating a right-of-way and Utility Easements in Plat of Viera, Parcel KK, Phase II, and Replat of portion of Lot 3, Plat of Viera, Tract JJ, Phase I, as petitioned by Wuesthoff Health Systems, Inc.

Commissioner Cook inquired if there were any objections; with Assistant Public Works Director Ed Washburn responding there were no objections and everything is in order.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution vacating right-of-way and utility easements in Viera, Parcel KK, Phase II, and Replat of portion of Lot 3, Viera, Tract JJ, Phase I, as petitioned by Wuesthoff Health Systems, Inc.

Commissioner Higgs advised there is an item on staff's comments that Southern Bell's comment was subject to petitioner executing easement and paying for relocation; and inquired if that has been taken care of; with Mr. Washburn responding that is Florida Power & Light Company instead of Southern Bell, and it will be addressed.

Commissioner Cook included the comment from Florida Power & Light Company in the motion.

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

PUBLIC HEARING, RE: RESOLUTION ADOPTING MID-YEAR SUPPLEMENTAL BUDGET FOR FY 1997-98

Chairman Voltz called for the public hearing to consider a resolution adopting the mid-year supplemental budget for FY 1997-98.

Joe Stadnik presented the Board copies of training documents for Orange and Lake Counties' firemen; advised Brevard County has lost 25 to 30 paid firemen to Orange and other counties because of the low wages; and suggested the Board implement a training program for volunteer firemen. He recommended a revolving fund to pay volunteers to go to school for the required training; and noted currently they pay for the training from their own pockets. He stated the County should present a program to entice volunteer firemen to get their education even if the County has to reimburse them for their time.

Commissioner Higgs advised the Board approved a step plan for its fire fighters to begin to address the discrepancy between Brevard County and surrounding counties; it also designated an individual to work exclusively with the volunteers; there is not a situation where paid fire fighters are under volunteers in terms of administrative accountability; but that does not mean the Board cannot do better. She recommended the report be referred to staff for review and give the Board some recommendations on how to enhance the volunteer effort.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to review the information provided by Joe Stadnik and provide the Board with recommendations on how to enhance the volunteer fire fighters' effort.

Chairman Voltz advised of conversations with volunteer firemen on their schooling requirements; and inquired what is the criteria for volunteers to serve as fire fighters, and is the County making it prohibitive for them to be volunteer firemen. Commissioner Cook requested staff find out what other counties require of their volunteers. Commissioner O'Brien recommended staff return with answers on certification requirements. Commissioner Higgs included the requests in the motion.

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

Budget Director Kathy Wall explained the reasons for the supplemental budget, noting most are capital projects which were not completed as determined and the funds carried forward to complete the projects. Commissioner O'Brien commented on funds returned to people in Alaska; and Commissioner Cook advised of the savings realized by refunding the COP's.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution adopting the Mid-Year Supplemental Budget for FY 1997-98. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: SETTLEMENT OF ALL CLAIMS IN USTLER/FAGAN, INC. v. BREVARD COUNTY

Chairman Voltz called for the public hearing to consider a settlement of all claims in Ustler/Fagan, Inc. versus Brevard County.

Commissioner Cook stated he is not in favor of the settlement amount.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize settlement of all claims in the Ustler/Fagan, Inc. v. Brevard County case for a total of $42,752.23, including attorneys' fees and costs. Motion carried and ordered; Commissioner Cook voted nay.

APPOINTMENTS, RE: ENVIRONMENTALLY ENDANGERED LANDS (EELS) PROGRAM SELECTION AND MANAGEMENT COMMITTEE

Parks and Recreation Director Charles Nelson explained the process for selecting members to serve on the EELS Program Selection and Management Committee.

Each Commissioner presented Mr. Nelson with their selections for tabulation to be brought back to the Board later in the meeting.

DISCUSSION, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL SUMMIT

Commissioner Scarborough advised the purpose of the East Central Florida Regional Planning Council is to reach beyond Brevard County and see how each Central Florida county impacts the others favorably or negatively; however, there is no reason to pay for a branch office and staff in Brevard County for the Council. He noted the Board should upgrade County staff instead of paying the Council to locate a branch office in Brevard County.

Chairman Voltz inquired if the County can opt out; with Planning Manager Mel Scott responding that bill died. Commissioner O'Brien stated the Council is totally dysfunctional; and the County has spent over a million dollars funding the Council, and does not know what it received for that.

Motion by Commissioner O'Brien, not to pay the East Central Florida Regional Planning Council its assessment ever again.

Commissioner Scarborough stated the Board has an opportunity to talk about ways to make it work for Brevard County; Seminole County negotiated and will pay; Orange County will attend the summit; and Brevard County needs to attend and ask for positive results. He stated Central Florida is a dynamic area, and Brevard County needs to be part of it; and he does not want to go to the summit with a negative attitude. Commissioner O'Brien suggested paying 25% of the assessment.

Discussion ensued on the functions of the Council, cost and benefits, asking the Legislature to make membership voluntary, redundancy, and regional coordination.

Commissioner Higgs stated the Legislature did not kill the bill to make membership in the Council voluntary; there are strong councils in other areas of the State; and the Board will face strong opposition if it wants to eliminate the Council. She stated it is shortsighted to believe what happens in Orange County does not affect Brevard County; the millions of dollars that go to I-4 does not come to Brevard County; consequently, it affects our County. She noted she and Chairman Voltz attended the blue ribbon committee meeting and made some inroads that resulted in change. Chairman Voltz stated the amount the County pays could have been higher. Commissioner Higgs stated it can be valuable for regional issues such as an evacuation study. Chairman Voltz stated regional is the key; and recommended staff gather information on what is considered regional issues.

Commissioner O'Brien recommended the item be put on the May 12 agenda for the Board to decide what it will do; with Chairman Voltz responding it should be scheduled after the June 5th summit. Commissioner Higgs suggested it not be scheduled for the first meeting in July, as that would probably be a big agenda. Commissioner Scarborough suggested the second meeting in July.

FINAL PLAT APPROVAL, RE: TREASURE LAGOON SUBDIVISION

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

FINAL PLAT APPROVAL, RE: WINDSOR ESTATES SUBDIVISION, PHASE 2-B

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant final plat approval for Windsor Estates Subdivision, Phase 2-B, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: MAGNOLIA POINTE SUBDIVISION, UNIT 1

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant final plat approval for Magnolia Pointe Subdivision, Unit 1, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

Chairman Voltz advised the tabulation revealed David Breininger, Mark Bush, Maryann Civil, C. Ross Hinkle, Randall Parkinson, Paul Schmalzer, and Lisa Smith were recommended to serve on the Environmentally Endangered Lands (EELS) Program Selection and Management Committee.

Parks and Recreation Director Charles Nelson advised some of the Commissioners did not rank the applicants who did not meet the criteria, so they gave each one a point instead of zero; however, it did not change the ranking.

The Board, by consensus, appointed David Breininger, Mark Bush, Maryann Civil, C. Ross Hinkle, Randall Parkinson, Paul Schmalzer, and Lisa Smith to the EELS Program Selection and Management Committee for a period of two years.

OPTION AGREEMENTS FOR SALE AND PURCHASE WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: MICCO SCRUB, FEDD INVESTMENT, SEASIDE OAKS, AND RUSNAK/ROSENBERG PROPERTIES

Commissioner O'Brien advised the Option Agreements transfer the lands to the Trust Fund of Florida; and inquired why. Parks and Recreation Director Charles Nelson advised the State requires title be vested in the State to participate in the 50% reimbursement of funds; however, the State will allow the County to manage those lands. Mr. Nelson stated the reimbursement is $14 million; and if the Board chooses not to transfer title, those monies will not come back to the County, and staff will have to reorganize the program. Commissioner O'Brien agreed to transfer the title for $14 million, but suggested the State also take management of the lands. Mr. Nelson stated the State is reluctant to change, and there are many others lined up to get that money. Commissioner O'Brien inquired if transferring the title is good advice; with Mr. Nelson responding it is policy, but not new to the County, as the Save Our Coast Program was similar.

Commissioner Cook stated it will give the County $1,824,500 to get more lands, but the contract that transfers the title does not have Brevard County as primary management agency. Mr. Nelson advised staff has asked for that, but the State has been unwilling to modify its wording; however, they can ask to include Brevard County in the management agreement as the primary agency. Commissioner Cook inquired about guaranteeing public access; with Mr. Nelson responding that can be accomplished in the management plans. Commissioner Cook recommended changes to January 1, 1998 and October 31, 1997 dates; and Chairman Voltz recommended change to September 30, 1997 date. Mr. Nelson responded there is a phrase that covers it, but he will ask the State to change the dates.

Commissioner Higgs suggested adding a clause that says, "Brevard County and Florida agree to enter into management contract with Brevard County as the primary management agency." Commissioner Cook agreed with the suggestion.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Option Agreements for Sale and Purchase with Board of Trustees of The Internal Improvement Trust Fund of the State of Florida, for Micco Scrub, Fedd Investment, Seaside Oaks, and Rusnak/Rosenberg properties, as amended to change the dates and include a clause that, "Brevard County and the State of Florida agree to enter into a management contract for Brevard County to serve as the principal manager of the property."

Commissioner Scarborough stated the lands will stay in Brevard County and the County will get $1.8 million; that is money the people of Brevard County have paid; and if it is rejected, the money will go somewhere else. Commissioner O'Brien stated it was not his intent to jeopardize CARL funds; and gave a scenario of buying a house with an offer from HUD, and never owning the house.

Discussion ensued on what could happen to the lands in the future, relinquishing mineral rights, road titles, only one State park in Brevard County, management plans, public's right of access, adding changes must be agreed to by the parties, and provisions for revisions and termination.

Chairman Voltz stated she cannot support it because the money will come back, but the title will go to the State for the lands people bought and paid for. Commissioner Cook recommended the County Attorney prepare language that the State will not deny access and that the County and State have to agree to revisions and termination.

Commissioner Higgs inquired how many similar agreements have been approved; with Ann Birch responding the County has received two reimbursements; the Enchanted Forest reimbursement should be here any day; and there are four that are before the Board. Commissioner Higgs stated the same questions have been asked and not accepted; and the Board is not likely to get the State to change its policy. Commissioner O'Brien stated just because it was done in the past does not mean it cannot be changed in the future; and inquired what will it take to change the policy so that the owner of the title is the County and State. Commissioner Scarborough objected to any changes that would jeopardize the funds. Commissioner Higgs inquired if it is State law or policy; with Ms. Birch responding she understood it was Florida Statutes, but will check on it.

Margaret Hames advised her opinion is that it is in the Florida Statutes; it is not CARL assuming title, it is the State that serves as trustee of all the lands in Florida; it has been in effect since 1972 when the County obtained Irna Nixon Park; and the State will assume title, but the County will sign a management agreement with the State to manage those lands. She cautioned the Board that there are many people who want the money allocated to Brevard County.

Commissioner Cook stated he will support it, but there are good questions that could be asked of the State; with Mr. Nelson responding there is no indication it will change. Commissioner Higgs suggested Assistant County Attorney Eden Bentley, who has worked with the State, advise the Board of what has and/or may happen. The item was postponed until later in the meeting.

HAZARD MITIGATION GRANT APPLICATION, RE: HURRICANE EVACUATION SHELTER SHUTTERS PROJECT

Commissioner Cook recommended the last paragraph on page 3 be removed as justification because voters have a right to reject any taxes.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize submittal of Hazard Mitigation Grant application to Florida Division of Emergency Management for Hurricane Evacuation Shelter Shutters Project funds, amended to remove the last paragraph on page 3; and authorize the Chairman to execute all necessary follow-up grant agreements, resolutions, and documents to expedite the receipt of the grant, contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

WAIVER OF FEES, RE: NATIONAL WATERCRAFT COMPETITION IN TITUSVILLE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive ambulance stand-by fees for the National Watercraft Competition hosted by the City of Titusville and Titusville Area Chamber of Commerce on May 9 and 10, 1998, from 8:30 a.m. to 4:30 p.m. on both days. Motion carried and ordered unanimously.

AUTHORIZE PURCHASE OFF GSA CONTRACT, RE: TORO PARK MAINTENANCE EQUIPMENT

Commissioner Cook advised the purchase is in excess of $100,000; it seems like the County is going with one vendor who will always get the business; and he is not sure there is compelling public interest to do that. Commissioner O'Brien stated they have to show that the price is lower than any others for Toro equipment. Commissioner Cook stated other brands may be cheaper and purchasing one name brand limits competition. Commissioner O'Brien stated Parks and Recreation have spare parts and the mechanics who know the equipment; and mixed brands cause problems for mechanics who can fix equipment and keep maintenance costs down. Commissioner Cook stated standardization inhibits competition.

Commissioner Higgs inquired what other Toro equipment does the County have; with Parks and Recreation Director Chuck Nelson responding there are other tractors, and they can interchange maintenance teams because they look at the same equipment with the same characteristics. He stated they have smaller equipment of other brands, but Toro was cheaper than the others. Commissioner Cook stated he would prefer to have staff obtain quotes; with Mr. Nelson responding they would have to come up with detailed specifications to quote. Commissioner Cook stated it may be more difficult, but it serves the public's interest to go after the best price. Commissioner Higgs stated it has been bid out by the State.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize purchase of two Toro 2300 diesel mowers at $17,774 each, one Toro 7 gang mower at $18,064, one Toro turf aerator at $3,524, two Toro 72-inch grandmaster mowers at $10,900 each, one Toro 5300 diesel mower at $27,063, and one Toro top dresser at $6,883, for a total of $112,820. Motion carried and ordered; Commissioner Cook voted nay.

Assistant County Attorney Eden Bentley advised she does not have the answer on the title, but it has to be vested in the State. Commissioner Higgs inquired if that question has come up with the State; with Ms. Bentley responding they asked for a deed restriction of 50% interest on the properties acquired under the Save Our Coast Program; the State's response was it would consider that, but the property would be appraised with the deed restriction at a lower value and the reimbursement will drop. She stated the subject agreements are virtually the same as those of the Save Our Coast Program; and she has not discussed the management contracts with the State, but they have a form contract. Commissioner Higgs suggested including the provision of the management agency.

Commissioner Cook recommended staff ask those questions again even though the State may say no again. Commissioner Scarborough inquired if Brevard County will fall out of step and not get those funds; with Ms. Bentley responding she is not involved in the funding portion. Commissioner O'Brien stated the Board should pass it and not stop the progress, but ask staff to vigorously pursue allowing Brevard County to be on the title in the future. Commissioner Scarborough stated the Enchanted Forest funds are coming up, and he does not want to jeopardize it.

Commissioner Higgs advised there is a motion on the floor; and the Board should move forward with the agreements, but legal and EELS staff should research the ownership issue. She stated she is willing to give the title to the State for the money; the benefits outweigh the risks; but staff should research it and bring back a report on how it was resolved in the past. She stated she is not willing to jeopardize the funds, but is only asking for information.

Chairman Voltz advised she is not going to support it because the citizens would be upset if the Board gave lands to the State. She stated the County has to maintain it, but the State gets the title and can do what it wants; and she cannot say if the State will be good stewards of the land. She stated the people will own it as citizens of Florida, but not in the name of Brevard County.

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

PUBLIC COMMENT - WALTER PINE, RE: SICK FISH

Walter Pine advised in the last few months there were a lot of fish kills and fish found with lesions in Brevard County; there has been a lot of State involvement with the problem; and recently the State legislated some money for research in the area. He requested the Board send a letter to the Governor requesting support to assess the presence and potential of the impact of harmful algae blooms in the Brevard County Indian River Estuary. He stated Martin County has serious impacts; Brevard County had a serious potential with the opening of the C-54 canal proposed by the St. Johns River Water Management District; thanks to vigilant residents and politicians that did not happen; but had it happened, Brevard County would be in the same situation as Martin County. He noted some businesses are recording a loss of 90% of their business; people who normally visit annually are canceling with no indication for next year or the following year; and the economic impact has not been assessed at this point. He requested the Board ask the Brevard County Health Department to obtain medical information and send it to the medical community so they can give appropriate responses to anyone who may come in contact with sick fish. He stated it is not a real big problem right now, but if the Board takes a preemptory stance, it will not be a big problem in the future.

Commissioner O'Brien advised an important paragraph in the documents states, "So far there is no scientific evidence that there is a danger to humans from the fish or water, but officials are preaching common sense, don't swim in waters where sick fish were found, and certainly don't eat fish with lesions." He stated he talked to Dr. Heshmati who is the head of the Health Department in Brevard County; Dr. Heshmati was very adamant to point out that the fish kill in Maryland had a specific disease that the fish in Florida do not have; the Florida fish have cryptoperidiniopsis; and scientifically they cannot connect it to humans. Mr. Pine stated that is correct because the research has not identified all the toxins involved; there is a lot of research that has been done; and the Board can sit back and wait for the research to be done or take steps to perhaps prevent a great deal of problems. Commissioner O'Brien stated it would be prudent to protect the citizens of Brevard County, but he does not want to create a scare when perhaps there is nothing to be scared about. Mr. Pine stated commercial clammers have seen disease in clams and have quit clamming; recreational and commercial fishermen are leaving whole areas of Brevard County; and three men he knows closed their businesses because the areas they normally fish are inundated with the lesion fish. Commissioner O'Brien stated everything has its own cycle; El Nino created an enormous amount of fresh water in the Rivers so salinity dropped; and a lot of the clammers may have left because clams are not there due to fresh water intrusion. Mr. Pine stated there are some no-dollar solutions; a proposal could be made to the Corps of Engineers to open the locks at Port Canaveral at high tide to allow water to move in and down the estuary and increase salinity, and close them at low tide. Commissioner O'Brien stated Kennedy Space Center complained that opening the locks silted their channel for Freedom Star and other boats that bring back the Shuttle rocketry; and they almost sued the Corps of Engineers for $150,000 because they had to re-dredge their channel. Mr. Pine commented $150,000 is a small price to pay to prevent future problems.

Commissioner Higgs inquired if the same kind of fish lesions have been found in Brevard County as reported in Stuart and Fort Pierce; with Environmental Services Administrator Stephen Peffer responding he has not seen the same problems in Brevard County; they have not been documented; but they are continuing to study the area and monitoring the situation.

Commissioner Higgs stated Brevard County has algae blooms from time to time in various places in the lagoon; from what she has read, Department of Environmental Protection will get $1 million to study the lagoon, and Brevard County is included in that; and staff should get clarification of whether Brevard County is part of that overall study before sending a letter to the Governor. Mr. Pine stated he attached an article that specifically addresses that question; and the $1 million is for a statewide study. Commissioner Higgs stated she read it was for the St. Lucie River and Indian River Lagoon from the documents Mr. Pine submitted dated May 1, 1998, and some other article mentioned the St. Johns River. Mr. Pine stated the algae has been discovered on the west coast and other areas; and the study is for that particular species wherever it occurs. He stated at the present time it has not been identified in the Indian River Estuary; and that is why he requested an assessment of the presence. He stated Florida Marine Resource Institute only has the potential of processing two samples a day for the particular organism; it is a several-week process, so it cannot show that particular organism is in the Estuary at this point; consequently, it is not documented. He stated the only way to know if that particular organism is in the estuary is to take sediment and water samples; and that is a long process.

Commissioner Cook advised it is a Board policy that before it takes official action the item needs to be on the Agenda; this issue was under public comments; the fishing industry is a huge industry and he does not want to create a panic; and perhaps another Agency is looking into it. Commissioner Higgs recommended staff look at the funds allocated, and come back to the Board with a report that ensures Brevard County's part of the River is included in the study, so it will know what is actually being done before it does anything else. Commissioner O'Brien stated he agrees, but the letter is very simple and requests the Governor's support to assess the presence and potential impact of harmful algae blooms in the Brevard County Indian River Lagoon Estuary; so it is a request to make sure Brevard County is included in all research that is going on. Mr. Peffer advised there is a water quality monitoring network that is out there every month, but more detailed samples are done quarterly. Commissioner O'Brien stated the Marine Resources Council also does samples.

Commissioner Scarborough stated the letter is a request for assessment; the Governor will not come and do it; and it can go to the Governor at the same time staff is gathering information. He stated it may not be a problem in Brevard County, but normal water testing may not pick it up; there may be money allocated for the study; and Brevard County should not ask for it after the fact.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Chairman to sign a letter to the Governor requesting support to assess the presence and potential impact of harmful algae blooms in the Indian River Lagoon Estuary.

Commissioner Cook reiterated it is not appropriate because it was not on the agenda, and the Board's policy is not to take action on public comments because no one has any idea what someone is going to bring up. He stated the letter may be a good idea and may be the way to go, but there could be others who wish to express their opinions on the subject.

Commissioner Scarborough stated the money is there and the State is going to do a study; Brevard County is not as big as Stuart and does not want to be forgotten; and staff can talk to Department people at the same time as the Governor gets the letter. He stated some times it has to work in both directions; the problem has been identified by the State with $1 million in funding; it has been identified as a problem south of Brevard County; and he wants to make sure the right testing is taking place in Brevard County. He stated the Board does not know if there is a problem here; and going from the Governor down may be as helpful as going from staff up.

Chairman Voltz recommended waiting until next week to make a decision, and the item not be scheduled under Consent.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table the request from Walter Pine to send a letter to the Governor requesting support to assess the presence and potential impact of harmful algae blooms in the Indian River Lagoon Estuary until May 12, 1998.

Commissioner Scarborough withdrew the original motion. Chairman Voltz advised the item will be scheduled on the May 12, 1998 Agenda.

Commissioner Scarborough advised his Special Assistant has not been able to contact two members of the North Brevard Hospital District Board, Robert Jordan and Nathan Pilate; Jay Parrish wanted to bring it up at their meeting last night, but it did not come up for discussion; and Penny Farrar, Bill Hurst, Dr. Johnson, Ernie Librizzi, and Leonard Daye want to have a joint meeting with the Board in Titusville. He stated Vern Jansen said it would be better to designate one member of the Hospital Board to report to the Board of County Commissioners; but it is up to this Board what it wants to do. He stated every time there is a request from someone, such as Nelly Strickland, on the agenda; the information is shared with Harry Jones and Rod Baker; they are told they always have the right to appear before this Board; they opted not to do that; but it appears that the majority of the Board welcomes a joint meeting.

Commissioner Higgs suggested allowing Jay Parrish to discuss it with his Board and see what framework they would like to do the meeting in. Commissioner Scarborough stated it is more appropriate for the Board to communicate if it wants to have a meeting in Titusville. He stated the Board was advised by Harry Jones, Attorney for the Hospital Board, that it is entitled to do one thing and that is make appointments, and beyond that the Hospital Board is totally independent; it is an independent taxing district; so the Board has to decide if it is happy with the status quo, wants someone from the Hospital Board to address it, or wants to meet with the Hospital Board in Titusville. He stated the Board needs to communicate that to the County Manager who will coordinate with Mr. Baker.

Chairman Voltz stated she does not have a problem meeting in Titusville with the Hospital Board to know what is going on. Commissioner Cook stated he has no problem with a representative coming to the Board of County Commissioners. Commissioner O'Brien stated if the people the Board appoints do not want to meet with it, he would rethink his position when it is time to reappoint them. He stated he does not have a problem, but would like to have an agenda to follow on why they are meeting and exactly what they want to discuss. Commissioner Higgs stated it is fine to meet with the Hospital Board in Titusville; she has been getting information from one perspective; and she is interested in getting a balanced point of view.

Commissioner Scarborough inquired if the Board wants the County Manager to talk to the Chairman of the Hospital Board and put an agenda together that the Board can review and adjust.

Commissioner Cook inquired if public comment will be allowed; with Chairman Voltz responding absolutely. Commissioner Higgs stated she does not want the entire meeting dominated by public comments and not have time to discuss the issues with the Hospital Board and understand where it is going. Commissioner Scarborough asked Mr. Jenkins to talk to Mr. Parrish about that. Commissioner Cook stated it is not possible to have a meeting without public comment; with Commissioner Higgs responding the last time they met in Titusville the Board spent two nights listening to public comments and had about 30 minutes to discuss the issue; and she does not want that to happen with this issue.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:05 p.m.

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)