The Board of County Commissioners of Brevard County, Florida, met in regular session on February 24, 1998, at 9:00 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 Reverend Buddy Creel of the First Assembly of God Church in Cocoa, Florida.

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

REPORT, RE: LOBBYIST SERVICES AND DISASTER DECLARATION

County Manager Tom Jenkins advised the State lobbyist, working with Enterprise Florida, obtained $208,000 for resurfacing of TiCo Road; and Brevard County has been included in the Disaster Declaration of the Governor.

Commissioner O'Brien stated the lobbyist has already returned over $300,000 to Brevard County.

APPOINTMENT, RE: COMMUNITY ACTION ADVISORY BOARD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint Daphne Payne to the Community Action Advisory Board, representing District 2. Motion carried and ordered unanimously.

REPORT, RE: OUTSTANDING BASKETBALL COACH

Commissioner O'Brien advised that Cocoa High School's boys basketball Coach James Rowe was highly honored by the sports writers and coaches; its cheerleaders placed nationally; and he hopes to bring the coach, team members, and the cheerleaders to the meeting some day.

INTRODUCTION, RE: SARA STEVENS

Commissioner Cook introduced Sara Stevens, a student in Mr. Brewer's Sixth Grade class at Gardendale, who is his shadow, and is in attendance at the meeting.

The Board recognized and welcomed Sara Stevens.

REPORT, RE: TELECOMMUNICATION CONFERENCE

Commissioner Cook advised he attended the Telecommunications Conferences and will send information to each Commissioner on forthcoming proposals and real threats to the autonomy of local governments.

REPORT, RE: FENCE ORDINANCE

Commissioner Cook recommended staff review the Fence Ordinance which may not stipulate which side of the fence can face a neighbor's property; and if that is the case, maybe it is something the Board needs to address.

REPORT, RE: DUI ACCIDENTS

Chairman Voltz advised of an article in Florida TODAY Newspaper on DUI accidents, and noted Brevard County is high in that statistic. She stated the County may receive $144,000; and inquired who will get the funds, and what will be done with it.

County Manager Tom Jenkins noted the Sheriff's Office may be the recipient of the funds, but he will research it and report back to the Chairman.

PERSONAL APPEARANCE - CONGRESSMAN DAVE WELDON, RE: NATIONAL ISSUES

Congressman Dave Weldon advised the President's proposal on NASA's budget had some good and some indifferent things; the good things were that there is more money for Kennedy Space Center and for the Shuttle Program; so they may not have a situation like last year when NASA had to do a layoff. He noted it looks like they are asking for enough money to avoid a layoff in the next fiscal year; however, if there are additional delays by the Russians for construction of their elements of the Space Station, it could cause the number of shuttle missions in FY 1999 to go down to as low as four which could ultimately raise the issue of a layoff. He stated he will do everything in his power to make sure that does not happen by working with the Russians and the Administration. He stated the President has cut NASA's budget for the fourth or fifth year in a row; he would not take issue with it if the President did not increase the National Institute of Health, National Science Foundation, National Cancer Institute, and Department of Defense R&D; and most of the major R&D investments coming out of the federal government were increased except for NASA. He stated Congress will take the President's budget and work from there, so he anticipates they will restore NASA's budget so that there will be no cuts and possibly have a cost of living increase; and he will be fighting for that. Congressman Weldon advised he led an effort last year to get about 200 members of the House to sign a letter to the Speaker calling for an increase for NASA in FY 1999; it was a bi-partisan letter; and the Speaker received the letter and offered to sign a letter with him and a Democrat member from Ohio to the President reiterating that they want an increase in NASA's budget.

Congressman Weldon advised in the area of commercial space, there is a proposal to build a new launch vehicle that may replace the shuttle; it is going to be called the "Venture Star" or reusable launch vehicle; it will begin with a prototype model that will be flown through a series of tests; and if it is successful, a full-scale model will be constructed. He stated Lockheed/Martin has the contract for the Venture Star; they will be building the prototype X-33 in California; and they will be engaging in a repeat scenario of what went on in the 1970's when California was trying to land the Space Shuttle in its state. He stated he has worked with the Governor's Office to put together a team called the Florida Venture Star Team; it consists of elected officials, Spaceport Florida Authority, Economic Development Committee from the Florida Aviation and Space Alliance, as well as Enterprise Florida; and they are asking the State Legislature for funds to help put together a proposal to submit as a State to Lockheed/Martin to encourage them to launch the Venture Star in Brevard County. He noted he believes they will win that competition, but there are a lot of gates to jump through; the prototype vehicle has to be launched successfully; the program calls for Lockheed/Martin to obtain funding for construction of the vehicle from the private capital markets; it is a very innovative new concept; and he will be working it very aggressively with the elected officials, the Governor's Office, State Legislators, Speaker of the House, and Senate President.

Congressman Weldon advised the ISTEA Program that is done every six years continues to be a very contentious issue in Washington; he anticipates they will get a bill out this year; and he will continue to fight for the same things he fought for last year. He stated the Florida Delegation is very united in making sure Florida gets its fair share; and he has set priorities to get highway funding for four-laning of U.S. 192 as well as funds that are needed for SR 520. He stated the President's budget again includes zero funding for beach renourishment; the President has cut the Corps of Engineers budget from 1.5 billion dollars in 1998 to $800,000,000 in 1999; and not only is it a critical issue for beach renourishment in his District, but it affects Congressmen all over the United States; so he anticipates seeing that increased significantly and will continue to fight for funds needed to restore the beaches. Congressman Weldon advised they signed the Contract for construction of the Veterans Clinic; it is a design-build Contract; and the construction phase should be completed by December 31, 1998. He stated the head of the VA told him they anticipate fitting it with equipment and furniture and hiring personnel within two months and being open for business in March, 1999; and he will continue to put pressure on them to make sure that happens. He noted additionally, he will continue to make sure the hospital contracting bill is continued beyond this fiscal year; and that is legislation that will allow veterans who are enrolled in the Clinic to go to a local hospital if needed and not have to travel to Tampa or West Palm Beach which is a hardship for them and their families who have to travel back and forth at a great cost. He stated he will continue working with local officials regarding problems with Melbourne Airport. Congressman Weldon advised regarding a balanced budget, they will be getting economic figures in May; if they show economic growth ahead of what was anticipated and a possible surplus, it will be a heated debate on what to do with that money; so it may be possible to have a balanced budget and a slight surplus. He noted he would like to have those funds go to increase highway funding, NASA's budget, and health care and veterans issues.

Congressman Weldon advised he remains concerned that they are not making the investment needed in the Nation's defense, considering the volatile environment they are in now; he will be working with other members of the House to make sure the men and women in uniform are paid well and receive the best equipment and training. He stated his office is studying the proposal that was negotiated by Kofi Annan and Saddam Hussein; Mr. Hussein is totally untrustworthy; although he signed the agreement, it remains to be seen if he will open up all his presidential palaces for inspection; and one of his presidential palaces is the size of Washington, D.C. He stated he supports the President in his decision not to scale back the military presence there with the signing of the agreement, and to continue maintaining a strong presence because if Mr. Hussein breaks the agreement like he has broken every other agreement, the United States may have to reconsider the possibility of military action. He stated he remains concerned that the President's policy is not adequate on what they will do after they bomb; that question has not been sufficiently answered; but it is a tough question.

Commissioner O'Brien stated it is disconcerting to hear that launches of the shuttle may drop to four. He stated Congressman Weldon put together a very aggressive team for the Venture Star project; there was a great turnout at the meeting held at Kennedy Space Center; and the Board will be more than happy to work with the Congressman on that issue. Congressman Weldon advised the whole process will take about two years; Lockheed will probably select several sites; none of the overseas competitors have come forward, but there has been discussion they could possibly launch from an overseas site; he does not see that happening; but some people have talked about it. He stated the major competitors are California, Florida, New Mexico, and Virginia; he anticipates they will select two or three sites in the Fall of 1998 and play them off each other; and he assumes two of the sites will be Florida and California, so there is a lot of time for the Board to get involved as the process goes on. He stated he does not think the shuttle missions will be reduced to four, but wanted to share with the Board that they are in a situation where they are dependent on the Russians to deliver their hardware on time and launch it, and if any problems happen, it could affect the people at home.

Commissioner Cook expressed appreciation to Congressman Weldon for his efforts. Commissioner Scarborough offered the Board's full cooperation and the Board's lobbyist when Congressman Weldon lobbies the State because it wants to be fully involved as a County. Congressman Weldon stated he considers it a must win situation; they were all involved with the Delta 4 project that went to Alabama; this is similar to that in its competition and being pitted against other states; but it is different in a sense because Florida is in the launch business and was not in the manufacturing of launch vehicles, and wants to keep what it has. He stated other states want that business, so they need to rachet their efforts up considerably; but he feels they are well positioned because there is a tremendous amount of imbedded infrastructure, personnel, and geography, and the State's Spaceport is way ahead of other states in terms of its progressiveness and positioning. He noted he is comfortable they are going to be able to make a very competitive proposal; and advised of his conversation with former Congressman Lou Frey who feels the advantages remain the same as they were in the 1970's, but they have to be ready to get up and fight.

Chairman Voltz echoed the sentiments of other Commissioners in extending appreciation to Congressman Weldon for coming to the Board and spending his time to present national issues.

Commissioner Higgs advised there seems to be a commitment by the Administration to do some funding for restoration of the Nation's waterways; and inquired if Congressman Weldon anticipates in the next budget they will see funding for the Indian River Lagoon. Congressman Weldon advised he got $500,000 for the Indian River Lagoon restoration in the last budget; he is currently fighting with the Army Corps of Engineers to get that money to the Lagoon; and it has to do with legal language in the bill. He stated he would like to get more money to reroute the flow of the Tillman canal to get the stormwater runoff flowing back into the St. Johns River and not into the Indian River Lagoon; and another issue is the St. Johns River being declared an American Heritage River. He stated there is no funding for that; it is a program entirely created by the President with an Executive Order; there has been no congressional oversight and no hearings or legislation in terms of what that would do; and a lot of people want to see the St. Johns River included, so he will encourage the leaders in Congress to look at legislating it and making a determination exactly what it is going to be. He stated a critical issue is to make sure they do not have unreasonable unfunded mandates placed on state and local governments and that property rights do not get trampled on because the River runs through a huge area of the State and affects thousands of property owners. He stated if the federal government is going to get involved, it needs to get involved in a positive way; he supports restoring the River and things that are being done in Brevard County to get the flow of stormwater runoff flowing back in the direction it originally ran; there are other issues such as agricultural runoff into the St. Johns River with a lot of waste and fertilizers; and that is going to have to be addressed in the years to come.

Commissioner Cook advised the Board considered the American Heritage River program with the caveat it be non-regulatory and there be no restrictions on access. He stated Ms. McGinty testified before Congress that any time a community wanted to withdraw from that they could; and inquired if that is still the case; with Congressman Weldon responding to his understanding it still is, but it is not a written statute and he is not sure it is in the President's original Executive Order. Congressman Weldon noted it may just be policy that she is promulgating; and there are real fundamental issues of the rights and sovereignty of the legislative body. He stated he has serious concerns about creating a new program based on the signature of the Chief Executive without oversight and appropriate funding coming through the legislative body.

PERSONAL APPEARANCE - DR. DUANE DeFREESE, RE: COMMENDATION RESOLUTION

Chairman Voltz read aloud a Resolution extending appreciation to Dr. Duane DeFreese, EELS Coordinator, for his visionary leadership and work in the advancement of the Brevard County Environmentally Endangered Lands Program to State and National prominence, and wishing him success in his future endeavors. She presented the resolution to Dr. DeFreese.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution commending Dr. Duane DeFreese for his outstanding contributions to Brevard County and its citizens. Motion carried and ordered unanimously.

Dr. Duane DeFreese stated it has been an honor and privilege to work with the Board and County Manager the last few years; and he is almost speechless because it was not the efforts of one person but a major community effort that he is very proud to have been a part of, beginning with the visionary support of the Board-appointed Selection and Procedures Committees, great support groups such as the Friends of the Enchanted Forest, and the general citizenry. He stated they have done something collectively, not individually, to make the program one of the best in the State; and most important is the Board's continued support for the program and the support of the State Legislature. He stated as he moves to Hobb Sea World Research Institute on Monday, he will look forward to working with the Board on a new venture that hopefully will bring a lot of prestige and maybe a few jobs and good conservation to Florida's waterways and Brevard's natural resources; and thanked the Board again for its support.

Commissioner Scarborough stated the Board appreciates all Dr. DeFreese has done for Brevard County, and suggested a round of applause. The Board gave Dr. DeFreese a standing ovation.

Commissioner Cook advised the Board appreciates the job Dr. DeFreese has done with the EELS Program; last year alone there were some 7,000 acres acquired; and he had the pleasure of going to Tampa with Dr. DeFreese and Mr. Peffer to accept the Chairman's Award from The Nature Conservancy with regard to that particular program. He stated it is recognized throughout the State and Nation as a model program; Dr. DeFreese was instrumental in making it as successful as it was; so he would like to say thank you and good luck on his new endeavor where he will do a great job.

RESOLUTION, RE: EXCELLENCE IN PUBLIC SERVICE AWARD

Chairman Voltz read aloud a resolution commending Joseph Ameigh, Labor Supervisor for Road and Bridge, as the recipient of the Excellence in Public Service Award for 1997, and presented the resolution to Mr. Ameigh.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution commending Joseph Ameigh as the recipient of the Excellence in Public Service Award for 1997. Motion carried and ordered unanimously.

County Manager Tom Jenkins advised Mr. Ameigh is a hard-working dedicated employee who is on call 24 hours a day, seven days a week, and is active in his community with youth sports activities.

RESOLUTION, RE: EXCELLENCE IN PUBLIC SERVICE MANAGEMENT AWARD

Chairman Voltz read aloud a resolution commending Geraldine "Jeri" Prieth, as the recipient of the Excellence in Public Service Management Award for 1997, and presented the resolution to Ms. Prieth.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Geraldine Prieth, Library Director for Port St. John Library, as the recipient of the Excellence in Public Service Management Award for 1997. Motion carried and ordered unanimously.

County Manager Tom Jenkins advised Ms. Prieth is also starting up the Mims/Scottsmoor Library; and she gets glowing reviews from her employees and former supervisors.

RESOLUTION, RE: COMMENDING COCOA BEACH AREA CHAMBER OF COMMERCE

Chairman Voltz read aloud a resolution commending the Cocoa Beach Area Chamber of Commerce on its 30th Anniversary, and presented the resolution to representatives of the Chamber.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution commending Cocoa Beach Area Chamber of Commerce on the celebration of its 30th Anniversary. Motion carried and ordered unanimously.

The Representative of the Chamber expressed appreciation to the Board for its support; and stated he looks forward to the new millennium and working with the Board to promote the economic vitality and tourism in Brevard County.

RESOLUTION, RE: PROCLAIMING IRISH-AMERICAN HERITAGE MONTH

Commissioner O'Brien read aloud a resolution proclaiming March, 1998, as Irish-American Heritage Month in Brevard County in recognition of the contributions and positive influence of Irish-Americans in national and local communities, and presented the resolution to State President Pat Gilligan; Bill Barb, President of the County Board of Hibernians; Jim Delaney, Secretary of the Quarter of Division 2; and Fred Galey, Supervisor of Elections.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming March, 1998, as Irish-American Heritage Month in Brevard County. Motion carried and ordered unanimously.

Mr. Gilligan invited the Board to attend the activities including a parade in Melbourne, festival, and dinner dances.

FINAL PLAT APPROVAL, RE: AQUARINA, PARCEL H, SANDPIPER VILLAS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant final plat approval for Aquarina, Parcel H, Sandpiper Villas, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining required jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: INDIAN RIVER COLONY CLUB, TRACT H

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant final engineering approval for Indian River Colony Club, Tract H, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: DAIRY ROAD SOUTH WIDENING PROJECT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Contract Modification #1 with Ranger Construction Industries, for Dairy Road South Widening Project, of $121,919.05 for drainage improvements and other changes due to redesign and relocation of Pond C. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH TUSCANY, INC., RE: FIRE STATION #42, MERRITT ISLAND

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Change Order No. 1 with Tuscany, Inc. for Fire Station #42, Merritt Island, in the amount of $8,977.16 for correction of the line slope in apparatus bay, replacement of overhead doors, and correction to sewer line. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND APPROVE BUDGET CHANGE REQUEST, RE: KITCHEN AND LAUNDRY EQUIPMENT FOR DETENTION CENTER

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to bid kitchen and laundry equipment for Detention Center; award bid to the lowest responsible bidder; and approve Budget Change Request transferring $106,251 from 1994 Sales Tax Reserve funds to Capital Project Fund. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING TOURIST TAX ORDINANCE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending the Tourist Tax Ordinance concerning taxpayer protests. Motion carried and ordered unanimously.

REJECT PROPOSALS AND AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS UNDER REVISED SPECIFICATIONS, RE: #P-5-7-15, ANIMAL CONTROL NUISANCE TRAPPING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to reject all proposals for Proposal #P-5-7-15, Animal Control Nuisance Trapping Services, and authorize issuance of request for proposals under revised specifications. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH RHETA AND MAURICE CAMPBELL, RE: SPACE FOR PUBLIC COMMUNITY HEALTH UNIT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Lease Agreement with Rheta and Maurice Campbell for property located in Rockledge for case management, counseling and other non-clinical services for the Public Community Health Unit, from March 1, 1998 through February 29, 2000, at $3,007 per month, with increase for the second year based on the Consumer Price Index. Motion carried and ordered unanimously.

AGREEMENTS WITH HOUSING AUTHORITY OF CITY OF COCOA, RE: HUD DRUG ELIMINATION PROGRAM GRANT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreements with Housing Authority of City of Cocoa for HUD Drug Elimination Program at $12,500 for Cocoa West Community Center, $12,500 for Woody Simpson Park, and $20,000 for Joe Lee Smith Park, from January 1, 1998 through December 31, 1998. Motion carried and ordered unanimously.

AGREEMENT WITH PALM BAY POLICE ATHLETIC LEAGUE, RE: YOUTH-ORIENTED ACTIVITIES AT PALM BAY REGIONAL PARK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Palm Bay Police Athletic League (PAL) for development and operation of youth-oriented recreation facilities and services on a portion of Palm Bay Regional Park, for a period of 30 years, with one ten-year extension, and with correction of typographical error. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH THE WATAUGA COMPANY, AND FINAL PAYMENT, RE: CUYLER PARK GYMNASIUM ROOF REPAIRS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Change Order No. 1 with The Watauga Company, for Cuyler Park Gymnasium Roof Repairs, increasing contract amount by $159.12 and time by 21 days; and approve final payment of $5,306.52 to the contractor. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND NEGOTIATING COMMITTEES, AND APPROVE BUDGET CHANGE REQUEST, RE: CONSTRUCTION MANAGEMENT DELIVERY SYSTEM FOR SOUTH MAINLAND COMMUNITY CENTER

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise request for proposals for construction management delivery system for South Mainland Community Center; appoint Samuel Stanton, Charles Nelson, Hugh Muller, and Stockton Whitten or their designees to the Selection and Negotiating Committees; and approve $209,703 Budget Change Request for the project. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: SECURITY SERVICES AT CENTRAL DISPOSAL FACILITY AND SARNO ROAD LANDFILL

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to bid Security Services at Central Disposal Facility and Sarno Road Landfill; award bid to lowest responsible bidder; and authorize the Chairman to execute a contract with the successful bidder. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: DISPOSAL OF TREATED SEPTAGE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to bid disposal of treated septage; award bid to lowest responsible bidder; and authorize the Chairman to execute a contract with the successful bidder. Motion carried and ordered unanimously.

SETTLEMENT WITH MARLENE FOSTER, RE: AUTO LIABILITY CLAIM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve settlement with Marlene Foster in the amount of $20,000 for her auto liability claim. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH UNIPSYCH BENEFITS OF FLORIDA, INC., RE: MENTAL HEALTH BENEFITS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Unipsych Benefits of Florida, Inc. for mental health benefits to comply with the federal Mental Health Parity Act. Motion carried and ordered unanimously.

RESOLUTION, RE: SUNSET OF CITIZENS ADVISORY COMMITTEE ON IMPROVED ACCESS TO PUBLIC INFORMATION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution allowing the Citizens Advisory Committee on Improved Access to Public Information to sunset on the second anniversary of its formation. Motion carried and ordered unanimously.

ACCEPTANCE, RE: BUDGET AND FINANCIAL REPORT FOR QUARTER ENDED DECEMBER 31, 1997

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to accept Budget and Financial Report for the quarter that ended December 31, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH KUTCHINS, BISHOP & GALBRAITH, AND BUDGET CHANGE REQUEST, RE: LEGAL SERVICES FOR CHARTER REVIEW COMMISSION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Kutchins, Bishop & Galbraith to provide legal services for the Charter Review Commission; and approve Budget Change Request to fund the service and additional expenses. Motion carried and ordered unanimously.

APPOINTMENT, RE: COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY BOARD

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to appoint Juanita Barton to replace Juanita Wright on the Community Development Block Grant Advisory Board, with term expiring December 30, 1999. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN REPLAT OF MENTZELL SUBDIVISION AND MENTZELL SUBDIVISION - CHARLES ALBRIGHT, SR.

Chairman Voltz called for the public hearing to consider a resolution vacating rights-of-way in Replat of Mentzell Subdivision and in Mentzell Subdivision as petitioned by Charles G. Albright, Sr.

Commissioner O'Brien inquired why staff does not require the vacating of the entire right-of-way; with Assistant Public Works Director Ed Washburn responding the applicant can only apply to vacate a right-of-way that adjoins property he owns. Commissioner O'Brien recommended staff contact the applicants and their neighbors in the future rather than piecemeal vacatings.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution vacating rights-of-way in Replat of Mentzell Subdivision and in Mentzell Subdivision as petitioned by Charles G. Albright, Sr. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN SUNTREE ESTATES, PHASE 2 - DARREL AND LIDIA LYNCH

Chairman Voltz called for the public hearing to consider a resolution vacating public utilities and drainage easement in Suntree Estates, Phase 2, as petitioned by Darrel and Lidia Lynch.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution vacating public utilities and drainage easement in Suntree Estates, Phase 2, as petitioned by Darrel and Lidia Lynch. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING COMMISSION SALARIES

Chairman Voltz called for the public hearing to consider an ordinance establishing salaries for County Commissioners.

Commissioner Scarborough advised he tried to tie the salaries of Commissioners with the mean salaries of employees; and would prefer the approach of the employees median which is higher.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Ordinance establishing Commission salaries at the employees' median rate. Motion did not carry; Commissioners Scarborough and Higgs voted aye; and Commissioners O'Brien, Cook and Voltz voted nay.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Ordinance reviewing and fixing County Commission salaries; requiring periodic review and approval of Commission salaries in the manner required by the Brevard County Charter; providing for severability; and providing for an effective date, as authorized by state law, effective October, 1997.

Commissioner Higgs advised she prefers the salaries to be based on the CPI or 3% of what the Board can do with taxes and does not support the State's rate because it is a greater increase than the average employees salaries and more than 3%.

Commissioner Cook stated he disagrees because the Board does not have the opportunity to control constitutional officers salaries.

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

APPROVAL, RE: MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Minutes of January 20, 1998 and January 29, 1998 Regular Meetings. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE APPROVING ECONOMIC DEVELOPMENT TAX EXEMPTION FOR HYDRO ALUMINUM HYCOT, INC.

Chairman Voltz called for the public hearing to consider an ordinance approving an economic development tax exemption for Hydro Aluminum Hycot, Inc.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Ordinance granting economic development ad valorem exemption to Hydro Aluminum Hycot, Inc.; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Hydro Aluminum Hycot, Inc.; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC INTEREST DETERMINATION, RE: PINEHURST AVENUE EXTENSION PROJECT

Attorney Jack Kirschenbaum, representing the applicant, advised the owner is Imperial South, Inc.; the project is development of 35 acres east of Wickham Road; and the issue is whether there is public interest in allowing the development. He explained posters and photos of the area and the historical events that took place regarding the wetlands, noting the wetland function was diminished by the canal and other things, and was further damaged by construction of Wickham Road. He stated extension of Pinehurst through their property will further cut off wetland areas and any additional development will have a marginal impact on the remaining wetlands.

Ed Krug with Post, Buckley, Schuh & Jernigan, advised the extension will allow traffic to move through to U.S. 1 without hitting traffic lights at St. Andrews and Suntree; about $900,000 will be spent; and it will include a stormwater system to tie into Pineda Court, and will take traffic off Wickham Road.

Mr. Kirschenbaum advised of a letter from Henry Minneboo, Public Works Director, explaining staff's desire for the extension; stated the design and construction constitute a public interest sufficient to meet the County's guidelines; and as part of the St. Johns River Water Management District's permit, mitigation is required.

Bill Kerr, Consulting Ecologist, advised of his expertise and charge to identify wetlands and potential species that use it; and stated in his opinion the construction of Pinehurst extension will impact the already impacted wetlands. He explained historical aerials showing the area as orange groves since 1942, the canal, the wetland under Wickham Road, and significant impacts to the wetlands. Mr. Kerr advised the majority of the wetland was located where the shopping center is; the construction of Wickham Road makes it dry all the time; and it will remain a wetland but would not function; consequently he would recommend off-site mitigation. He stated he would rather see the existing wetlands destroyed and have functional wetlands some place else for the species.

Commissioner Cook inquired what is the functionality of the remaining wetlands; with Mr. Kerr responding he does not believe it will be in a such a condition that there will be a wetland that will function; and recommended off-site mitigation.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to determine that Pinehurst Avenue Extension meets the overriding public interest criteria as required by the Comprehensive Plan, Conservation Element, Wetland Policy 5.2.F.2, because the road will be built by the developer and dedicated to the public; it will relieve congestion on Wickham Road; the wetlands were not significantly functional; and the applicant will enhance wetlands off site by paying $48,000.

Commissioner Higgs advised there were a number of reasons presented that can make it a viable project; the value of the road is there and received support from the MPO director; however, it does not meet the Comprehensive Plan criteria. She stated the Board has a new policy, but it is not in place at this time; therefore, it does not meet the current criteria of the Comprehensive Plan.

Commissioner Cook stated part of the current Comprehensive Plan allows for public interest determination; it is a difference in interpretation; it is in the public interest because the road will be built and turned over to the County and it will relieve congestion on Wickham Road; and the wetlands were not functional, but the developer will provide $48,000 to enhance wetlands elsewhere.

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

The meeting recessed at 10:21 a.m., and reconvened at 10:30 a.m.

DISCUSSION, RE: ENFORCEMENT OF THE SIGN ORDINANCE

Community Development Administrator Peggy Busacca advised the Board directed staff to inventory signs and put in place an enforcement program; staff identified a large number of signs that were not permitted; and there needs to be alternatives in the Ordinance for signs that do not meet the Code. She requested direction whether to continue the enforcement and inventory programs.

Commissioner Scarborough stated when the Board takes on a task it needs to ask what is the net result for the people from the effort; the appearance of Brevard County is the issue; and staff was provided with ordinances from Jacksonville and Port Orange, and some visited Port Orange.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to provide a report to the Board regarding alternatives for enhancing the existing Sign Ordinance before proceeding with an enforcement program, and to postpone undertaking a sign inventory at this time.

Commissioner O'Brien stated an inventory will let the Board know the extent of the problem; and inquired how did it get to 6,500 businesses not in compliance. He stated incentives should be offered to come into compliance, and tougher action taken against those who do not comply. He stated there should be a system to notify people they need to apply for sign permits; and recommended staff search for a methodology for those applying for occupational licenses to be notified to apply for a sign permit.

Commissioner Cook stated that is an alternative; and staff will come back with ways to enhance the Ordinance. He stated further survey may not accomplish anything. Commissioner O'Brien stated government is not to be punitive, but the Tax Collector who collects the occupational license fees should send communications to the County or licensees about the Sign Ordinance. Commissioner Cook stated 6,500 businesses with signs that are not in compliance is not an isolated incident, but the Board needs to be reasonable in addressing it and not punitive to businesses that have made investments. He noted sizing is another issue. Commissioner O'Brien stated the Board authorized hiring two temporary people to do the inventory; with Chairman Voltz responding they were not hired. Ms. Busacca advised staff was told the money from the fees for sign permits would pay for the positions; and they realized there would not be sufficient monies to fund those positions, so they were not hired.

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

ACCEPT STAFF REPORT, RE: CONDITIONAL USE PERMITS

Commissioner Scarborough advised he is concerned about CUP's existing for ten years or more, not being used, and people not knowing about a tower or other uses; he would not want to look retroactively, but move forward to limit CUP's for three or five years in the future, and staff continue research on sleeping CUP's. Chairman Voltz stated they could renew the CUP's after the time limit.

Commissioner Higgs stated it would be appropriate to establish a policy that all CUP's must be renewed when rezoning is requested; that the Board review CUP's during development process; and the Board move forward as opposed to the past with execution of a policy.

Commissioner O'Brien recommended the Board waive the fees for renewals. Commissioner Cook suggested doing it on a case-by-case basis, as the Board is trying to address speculators holding permits for years. He suggested a time limit of five years across the board or three years; and after that they come back to renew it. He stated CUP's need to be brought to the Board in addition to the rezoning request; and if they want to keep the CUP, they should be proactive.

Commissioner Higgs stated staff needs to look at the Zoning Code and put CUP's in appropriate zoning categories. She stated the Board tried permitted uses with conditions, but it would be more appropriate to have zoning categories and conditional uses become a part of zoning.

Commissioner O'Brien inquired what other CUP's exist besides alcohol and towers; with Ms. Busacca responding sewage treatment plants, towers, land alterations, sale of mobile homes, solid waste disposal, private clubs, warehouses, and a long list of other uses. Commissioner O'Brien inquired why do restaurants and convenience stores need CUP's; with Zoning Official Rick Enos responding the convenience store needs a CUP in a BU-1-A zoning category but is a permitted use in BU-1. Commissioner O'Brien inquired about dry cleaning; with Mr. Enos responding those were approved over 40 years ago and many no longer exist. Commissioner O'Brien suggested staff clean up the list for 1998.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to advertise and present amendments to the Zoning Code, to include in the CUP language specified time periods, that renewal be required during rezoning, CUP's be reviewed during development review, and site plan be submitted at the time of the CUP; staff reduce and suggest to the Board the elimination of some CUP's, and move other CUP's into more appropriate zoning categories; and bring forward the language previously submitted to the Board on the Ordinance.

Commissioner Scarborough advised there are CUP's pending; and recommended when staff comes forward, the CUP's be part of zoning changes as separate items. Commissioner Higgs advised the County Attorney stated CUP's pending must be considered under the old criteria. County Attorney Scott Knox advised any applications currently pending have to be by the old rules, but after today they will go by the new rules because the Board has stated its intent.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to continue the report on whether there are any CUP's existing on properties which have not been utilized. Motion carried and ordered unanimously.

DISCUSSION, RE: CAPITAL IMPROVEMENTS PROGRAM FOR FY 1997-98 THROUGH FY 2001-02

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution approving the Capital Improvements Program for FY 1997-98 through FY 2001-02, amended to include Melbourne Shores Drainage Improvements.

Commissioner Cook advised the Board authorized funds for engineering of Croton Road; it is 75% complete; and inquired when will construction be addressed; with Assistant Public Works Director Ed Washburn responding it has not been funded yet; and staff will bring a list to the Board for the gas tax funds in the near future. Chairman Voltz inquired if there will be a workshop; with County Manager Tom Jenkins responding yes, and staff will schedule it with the Chairman. Commissioner Cook inquired if the Road and Bridge funding numbers reflect cash forward; with Mr. Washburn responding yes. Public Works Finance Director Jim Helmer explained why the numbers cannot be tied in, primarily because of maintenance activities that are considered capital improvements.

Commissioner O'Brien inquired about demolition of a house and pool at Lake Washington Park and if same could be used in case of boating accidents; with Commissioner Cook responding it has already been demolished. Parks and Recreation Director Charles Nelson advised it was in prime space, but there will be a caretaker trailer in the Park.

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

CLARIFICATION, RE: IMPLEMENTATION OF THE SIGN ORDINANCE

County Manager Tom Jenkins requested the Board give direction to staff on implementation of the Sign Ordinance.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to direct staff to change the interpretation to recognize one building frontage in keeping with site plan standards, thereby reducing the permittable square footage of signage.

Commissioner Scarborough expressed concern about businesses in rectangular buildings with parking on both sides requiring signage at the entrance and the parking area; and recommended allowing two signs as long as they are proportionate with other signage in the area.

Discussion ensued on Zoning Code provisions, choice of business owner, and limiting size of signs.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to rescind the original motion, and direct staff to change the interpretation of Section 62-3316, On-Premises Signs (a) Maximum Surface Area, to recognize two building frontages in keeping with the Zoning Code, thereby reducing the permittable square footage of signage. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to continue the current implementation and direct staff to prepare the amendments to the Code to clarify the intent of Section 62-3316, On-Premises Signs-Wall Signs. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to continue the current implementation that requires all nonconforming signs at a particular business to be removed prior to issuance of a new permitted sign and direct staff to prepare amendments to the Code to clarify the intent of Section 62-3304, Nonconforming Signs (2). Motion carried and ordered unanimously.

Chairman Voltz advised Section 62-3304, Nonconforming Signs (4) states, "Any nonconforming permanent sign may be repaired and maintained. Nonconforming signs which have sustained more than 50% damage or destruction cannot be rebuilt, and in no case shall a nonconforming permanent sign be replaced."

Commissioner Cook stated there is a problem in establishing 50%, as the County asks for a letter from the person who wants to rebuild the sign; the State has that same requirement, and billboards keep getting rebuilt; and recommended something more than relying on someone to submit a letter. Gwen Heller advised the owner has to bring in the value obtained from a sign company that is used to determine the 50% damage.

Commissioner Scarborough inquired what would be the easiest for staff to work with; with Ms. Heller responding replacement value would tie it into sign companies providing a letter of value; and with structural damage, they replace pieces at a time so they do not exceed 50%. Commissioner Cook stated the State uses the same criteria and it is ineffective for nonconforming signs; and there should be criteria, whether it is an estimate from a private company or contractor, but something more than a letter from the owner. Ms. Busacca advised staff will bring back clarifying language and perhaps could include obtaining three estimates or something. Commissioner Higgs stated it is important to nail down a time period.

Chairman Voltz advised Section 62-3316, On-Premise Signs (3), states, "Where individual letters or other graphic symbols are used separately or together to form the intended message, the size shall be determined by using the geometric area of the common shape which totally encloses the letters or symbols."

Motion by Commissioner Cook, seconded by Commissioner Higgs, to change the implementation of Section 62-3316, on-premise signs (3), to one common geometric shape which totally encloses the letters or symbols to be consistent with the existing Code. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ALAN THOMAS, JOHN ROSCHMAN AND DONALD HUBER, RE: RIGHT-OF-WAY ACQUISITION FOR MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Contract for Sale and Purchase with Alan Thomas, John Roschman, and Donald Huber for acquisition of right-of-way for Malabar Road Widening Project, Phase II, at $45,000. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: EOC EXPANSION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise Request for Proposals from qualified architectural and engineering firms for Expansion of the Emergency Operations Center (EOC), authorize use of construction management delivery method, and grant permission to advertise Request for Proposals from qualified construction management firms; and appoint Samuel Stanton, Jack Parker, Hugh Muller and Bob Lay or their designees to the Selection Committees, and Samuel Stanton, Jack Parker, and Bob Lay or their designees to the Negotiating Committees. Motion carried and ordered unanimously.

PERMISSION TO AWARD BIDS, USE PRIORITIZED ALTERNATES, AND EXECUTE CONTRACTS, RE: CORTO ROAD COMMUNITY CENTER, AND OFF-ROAD VEHICLE PARK ATHLETIC IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to award bid and execute Agreement with Priority One Construction of Brevard, Inc. for Corto Road Community Center at $1,296,000, and approve use of prioritized alternates; and to award bid, authorize execution of an Agreement for the Off Road Vehicle Park Athletic Improvements, and use alternates as prioritized if the bid is within the available budget established by the Committees. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - LARRY McINTYRE, UNIVERSAL OUTDOOR, INC., RE: CANCELLATION OF BILLBOARD LEASE

Larry McIntyre, representing Universal Outdoor, Inc., advised the Sheriff's Ranch at I-95 south of SR 520 has had a sign for the Best Western Cocoa Inn for 18 years; when the light goes out on the sign, their business drops off; and the sign means a lot to the hotel. He stated the sign for the surf shop on Cocoa Beach is now Ron Jon's Surf Shop; the six signs are all local advertisers who create revenue and jobs, and generate taxes; and if the signs are removed, people will go to Orlando or Daytona. He urged the Board to keep the signs at that location.

Joe Toohey, owner of Ron Jon Surf Shop, advised Ron Jon's uses billboards throughout the State; key exits are SR 528 and SR 520; they have had the sign since 1981; and they have a contract through the year 2000. They have paid a lot of money to have the signs and they contribute to the County funds; they have large number of employees who rely on their continued business; and they want the Board to reconsider the removal of the signs.

Ray Roach, owner of Best Western Cocoa Inn, advised the sign has been there since 1978; it brings in a significant amount of their revenue, approximately 15%; and if taken down, they will lose about $150,000 of revenue and would have to decrease employment, which would be a terrible loss.

Chairman Voltz stated there is a letter from Berni Talbert to Henry Minneboo dated September 10, 1997, but no one was notified until January 26, 1998. She inquired if staff notified all the people when the County would do it; with Public Works Director Henry Minneboo responding there was concern about legal aspects, and he wanted the County Attorney to review the letters before they went out.

Commissioner Scarborough stated there were several issues; the rent was minimal and one business did not pay; TDC paid $1,000 a month for signs; and sign companies are extracting from businesses and using County property to generate revenue. He stated signs should be in conformity; and he does not appreciate people making a profit off County property without the County getting the going rate; so it may be an advantage to look at the funds to help the Sheriff with plant materials for beautification.

Commissioner Cook stated one company did not pay and used County property for free; they are nonconforming signs and some need to be removed to bring them into compliance or sanction nonconforming signs; and that is what led the Board to decide the signs should be removed.

Commissioner O'Brien stated the funds could be used for the Sheriff's farm, PALs, etc.; and if three out of the five signs are removed, the value increases. Commissioner Higgs advised the lease has expired; it is the option of the property owner what to do; the Board has to comply with its rules; and if it determines two billboards would be in compliance, vendors could bid on the sites. Commissioner Cook stated he is willing to consider bids.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to continue previous action to cancel billboard leases on County property; authorize the bidding process; and determine earmarking the revenues for specific purposes. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MICHAEL FITZGERALD, BREVARD COUNTY DOMESTIC VIOLENCE TASK FORCE, RE: FUNDING FOR BATTERERS' INTERVENTION CLASSES

Mike Fitzgerald, representing Brevard County Domestic Violence Task Force, advised the Task Force is comprised of 24 different organizations throughout Brevard County, several judges, and many concerned citizens; the mission of the Task Force is to coordinate the efforts to assist those families and victims of domestic violence; and the Task Force, along with the judges, have identified certain funding which will ensure that people who are convicted of domestic violence attend the 26-week Batterers' Intervention Program which is mandated by the State. He stated in 1995, the State Legislature passed a law that required defendants of domestic violence who are convicted attend the 26-week class; they are also placed on probation for a year, and have to pay all court costs, fines, and Public Defender liens; but a lot of the defendants are coming back before the sentencing judge after a year and telling the judge that due to the prohibitive costs they have not been able to attend the 26-week Batterers' Intervention Class. He stated the judge has no power to do anything about that because they cannot put a person in jail due to lack of funds to pay for a program. Mr. Fitzgerald advised presently in Brevard County there is a two-tiered system when it comes to civil infractions; a person who comes before a judge on a civil infraction and pleads at arraignment without asking for a hearing is charged $17, $13, or $10; if that same person asks for a hearing, goes through it and is found guilty, that person is only charged $6.00; so the Task Force and judges would like to get rid of that inequity and make it uniform across the board that anyone who comes before them can be charged the same court fees of $17, $13, and $10. He stated it is estimated to raise approximately $60,000 a year; the County Manager and Budget Director said it would be possible to ensure those funds are taken out of the General Fund and put into a special account to be used for the intended purpose; and the Task Force is adamant that any money used to assist those people to go through the classes is paid back; and if they do not have money, they can do community service. He stated the Public Safety Department has a wonderful Alternative Community Service Program which can insure all the monies will be paid back; and it will benefit the judges because it takes away the argument from the defendants that they do not have money, as they could provide community service. Mr. Fitzgerald requested the Board give the Chief Judge the authority to increase the civil infraction fines so they can get the program underway.

Commissioner Cook stated he talked to Mr. Fitzgerald about a payback if not financially, then through community service; the program warrants consideration because there are people being sentenced to go through it who say they do not have the money and there is nothing the judge can do; and it is not serving the purpose if people do not go through the classes. He stated it will equalize costs across the board and the money will be used for something significant and important.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Chief Judge to move forward and do whatever needs to be done to enact the increase in civil court fines.

Commissioner Scarborough advised it is important to tie the funds to make sure all elements of the program work; and recommended the County Manager make sure it is allocated to the right source and does not fall short in one portion. Mr. Fitzgerald stated they have a committee set up for that and he will work with Mr. Jenkins to make sure it happens.

Commissioner Higgs stated the Board needs to ensure that it knows the results of that program and if it is getting positive results from the use of those funds. She stated the Board wants to decrease domestic violence and allocate funds in that way; but the program needs to be monitored to ensure it is getting results and reports come back to the Board so it knows the results are being achieved. Mr. Fitzgerald stated he will make sure that happens; and inquired if the Board wants quarterly reports; with Commissioner Higgs responding annually at the budget hearing will be fine, but the Board needs to be sure the money is producing the kinds of results that are needed.

Commissioner O'Brien congratulated Mr. Fitzgerald for his efforts; and stated accountability has to be done in a manner that makes sense to the Commissioners. He stated if they are going to fund the Batterers' Intervention Program, they need to see in the report that 100 people went through the program and only 10 returned. He stated if 90 return, then the Board needs to search for other ways to accomplish the goal and not let the program go on and on with no results.

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

PERSONAL APPEARANCE - STEFANIE HOGLUND, AMERICAN CANCER SOCIETY, RE: FLORIDA CLEAN INDOOR AIR ACT

Stefanie Hoglund, Advocacy Coordinator for Central Florida Region of the American Cancer Society, including Brevard County, advised the American Cancer Society's legislative agenda this year is to amend the Florida Clean Indoor Air Act so that counties can pass stronger legislation against smoking in public if they so choose. She stated there will be much opposition from restaurant owners who are likely fearful that restrictions will be unduly placed on their businesses; the American Cancer Society is not in the business of hurting business; they are in the business of saving lives and preventing deaths caused by cancer; and unfortunately secondhand smoke is a Class A carcinogen in the same category as asbestos, benzine and radon, and it kills 53 Americans a year according to the Environmental Protection Agency. She stated it is the third most preventable cause of death. Ms. Hoglund advised they see removing the preemption clause and returning the power to the counties as a means to an end; their end is to one day go out of business when a cure for cancer is found; but until that day they will strive to prevent deaths from cancer; and cancer deaths due to breathing secondhand smoke are completely preventable. She requested the Board pass a resolution in support of pre-emption removal so that the people of Brevard County can decide what level of protection from secondhand smoke best suits them.

Bill Hoskinson, President of Florida Restaurant Association, Rick Bateman, owner of Rick's Pub and Restaurant, William Farina, owner of Old Fisherman's Wharf Seafood Restaurant, David Sigafoos, owner of Siggy's American Bar and Grill, Jay Schenck, and Eric Jacoby, representing Mango Tree Restaurant, all addressed the Board in opposition to the request from the American Cancer Society, citing loss of business and revenue. Mr. Schenck inquired if Ms. Hoglund meant public or private business would not be affected; with Ms. Hoglund responding she is not qualified to answer that question at this time but can get an answer for him. Mr. Schenck stated he is a past honoree and lifetime board member of the American Cancer Society; he supports their cause and thinks it is an excellent organization; however, he is concerned with it getting into lobbying for laws that restrict individual rights.

Commissioner Higgs advised there is no ordinance before the Board regarding smoking; the issue is the State law which preempts local governments from having the ability to make local decisions on smoke-free workplaces or restaurants; she has a problem with the State preempting local communities' ability to pass laws that affect things in their areas; and she can support the resolution as currently drafted because it says that the County wants the Florida Legislature to repeal the preemptive language in the Clean Indoor Air Act and does not get into specifics.

Commissioner Scarborough stated the Board needs to be careful when passing resolutions because it reflects on the people of Brevard County; and it may be worthwhile to get additional information through the County Attorney as to precisely what portion of the Statute they are talking about. Commissioner Cook stated he can go along with that and getting an answer to the question raised by Mr. Schenck if it comes back to the Board. Commissioner Scarborough inquired if the primary purpose of the Society is to change the rules about smoking in restaurants; with Ms. Hoglund responding eventually they would like to diminish that. Commissioner Scarborough inquired why the Society does not address it on the State level because if Brevard County passes laws prohibiting smoking in restaurants and bars and Orange County does not, Brevard County will lose business to Orange County; however, if it is statewide, then everybody would be under the same rules.

Chairman Voltz stated she does not like the State telling the County what it can and cannot do; as a non-smoker it is her right to go or not go into restaurants that allow smoking; but government does not need to regulate those things. She stated as a Commissioner she would never prohibit a restaurant from having smoking in it; and if people choose to kill themselves by smoking, there is not a whole lot the Board can do. Ms. Hoglund stated they do not have to kill or hurt others in the process. Chairman Voltz stated Ms. Hoglund said it kills 53 people a year; with Ms. Hoglund responding she meant to say 53,000 people a year.

Commissioner O'Brien stated it is a market-driven issue; America is famous for being free; it is a freedom of choice to enter a restaurant; and if people are smoking and a person does not like it, that person has a choice to leave. He stated it is also the right of a restaurant owner to prohibit smoking in his or her restaurant; but government should not be inside a business place other than for health, safety and welfare of the people who work there. He stated Ms. Hoglund twice brought up secondhand smoke being so dangerous; it is dangerous under certain extreme circumstances; but people who go to restaurants twice a month for a short period of time will not die from secondhand smoke because the exposure is incredibly low; and the idea of saying it is going to kill a person is beyond absurdity. Commissioner O'Brien stated it is junk science being perpetuated by a lot of people; it is perpetuating almost a lie about secondhand smoke that kills everyone; it is beyond ridiculous; and he resents people saying it will kill people because it will not. He stated junk science upsets him; American is inundated by people with their own private agendas; the American Cancer Society has done wonderful things for this country; but talking about secondhand smoke is almost perpetuating a lie.

Ms. Hoglund stated people who work in those facilities are exposed to it on a regular basis not just customers who are there for brief moments; it does affect people in different ways, particularly those with lung conditions and asthma who are susceptible to being damaged by secondhand smoke exposure; but she agrees that people will not die instantly if they breathe smoke from someone else, and did not mean to come across that way. Ms. Hoglund stated removing the preemption clause will give the Board the option of setting its own rules and deciding what ordinances it wants to govern the County. Commissioner O'Brien stated it is market-driven and should be left alone with no action.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Attorney to send a memorandum to each Commissioner on what is happening in Tallahassee concerning the Florida Clean Indoor Air Act. Motion carried and ordered; Commissioner O'Brien voted nay.

Commissioner O'Brien stated he would prefer the Board take no action on this issue.

PERSONAL APPEARANCE - FREDERICK SPIEGEL, RE: CLARIFICATION OF LANDSCAPE BUFFER ALONG FAIRCHILD DRIVE

Fred Spiegel advised he was informed about the new Ordinance requiring an eight-foot wall or fence; one neighbor has repeatedly called Code Enforcement since the vacating and gone on the property to find things; and he thought it would satisfy that person if he built a wall.

Commissioner Cook advised Mr. Spiegel's property is BU-2; the wall would enhance the separation of high use and residential homes; so he would support an eight-foot stucco wall and coordination of the color with the neighbors since there is a conflict between commercial and residential use. Mr. Spiegel stated he will be happy to do that, but there is a wetland on there that comes up to the area; he will build what he can physically, and stucco and paint it because it has been a source of contention. Commissioner Cook inquired about buffering; with Mr. Spiegel responding if the Board directs it, he will but it is not necessary with an eight-foot wall because they would not be able to see the landscaping. Commissioner Cook stated he would like to retain the 40-foot setback from the wall and eliminate the landscaping. Mr. Spiegel stated whatever the Board wants him to do he will, but in reality 25 feet, a retention swale, and no rear access would be beneficial.

Commissioner Higgs stated it will not stop Mr. Spiegel from putting a swale in the 40 feet. Mr. Spiegel stated it is overkill. Commissioner Higgs stated the Board vacated a public right-of-way that gave that distance to Mr. Spiegel and is only asking for protection of the property owners. Mr. Spiegel stated 25 feet will be a tremendous buffer and 40 feet is not necessary; and he has gone to a lot of expense to satisfy the neighbors.

Commissioner Cook stated Mr. Spiegel has been cooperative; 25 feet is not enough, and 40 feet may be too much, but he will not have to landscape and can use the area for drainage.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to clarify that the landscape buffer requirements for vacated portion of Fairchild Drive include a 40-foot setback and eight-foot painted stucco wall built on the property line, but does not include vegetation. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JULIA SCHULTEN, PH.D., PARSONS ENGINEERING SCIENCE, RE: ACCEPTANCE OF PROPOSAL FOR CONTINUING ENGINEERING SERVICES CONTRACTS FOR STORMWATER MANAGEMENT PROJECTS

Dr. Julia Schulten, representing Parsons Engineering Science, requested the Board authorize staff to accept their proposal for stormwater management, as the deadline was Presidents Day, and Federal Express, which had their proposal, thought the County was closed. She stated when they found out the County was open, the driver picked up a stack for delivery, but their proposal was in the stack next to the one picked up and was three hours late; however, they did not get an advantage because they did not have their proposal during that time. She stated they and their associates Stottler, Stagg & Associates put in a lot of work on the proposal, are anxious to work for Brevard County, and would like to be considered along with the other applicants.

Commissioner Scarborough inquired about the County's liability to others who have entered the process if the Board deviates from its requirements; with County Attorney Scott Knox responding usually specifications allow the Board to waive minor defects in compliance. Commissioner Scarborough inquired if Mr. Knox finds this situation to be minor; with Mr. Knox responding yes. Commissioner Scarborough stated the situation is the fault of somebody other than Parsons Engineering; and they were told things that were incorrect by Federal Express.

Commissioner Cook stated it is just accepting the proposal and not awarding it; a lot of people called his office and did not believe he was at work because they thought Presidents Day was a holiday; all the cities and post offices were closed; so to be fair, and because it does not guarantee they will get the bid, they could be considered.

Commissioner Higgs stated her concern is if the Board waives it, what other circumstances will the Board get into waiving requirements for the next time; she is sympathetic having been on that side of the same situation; but as a public entity if the Board changes the way it does business, will it entertain the car stalled, the road was blocked, it was not my fault, etc. She stated she remembers a similar situation with the health care bid that was ten minutes late because of the traffic on I-95. Chairman Voltz stated that is different because they could have left earlier, but Parsons could not do anything since it did not have its proposal. Commissioner Higgs stated in weighing the situation, it is impossible for her to say it is a good reason or it is a bad reason, so she will vote no.

Commissioner Scarborough stated it is something the Board will see again; however, it is not only that it was Presidents Day, but Federal Express alleged it had been to the County; and that led them to a posture that they were being harmed by things they were told inaccurately by Federal Express. He inquired if Parsons has a cause of action against Federal Express if the Board denies the request; with Ms. Schulten responding she has not inquired about that. Chairman Voltz stated she would not want to cause a business to sue; and it is not a big deal for the Board to waive it.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to accept the proposal from Parsons Engineering Science for continuing engineering services for stormwater management projects, due to extenuating circumstances involving Federal Express and Presidents Day holiday misunderstanding.

Commissioner Cook inquired if the Board can do that; with Mr. Knox responding yes, it falls within the minor irregularity exception to the County's bid specifications. Commissioner Cook stated by the fact that it was Presidents Day which was confusing, and because they are not guaranteed they will get the proposal, and are just being allowed to submit their proposal along with the others, he will support it.

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

PERMISSION TO AWARD PROPOSAL #P-5-8-08, FOOD AND BEVERAGE SERVICES FOR THE HABITAT, SAVANNAH AND SPESSARD HOLLAND GOLF COURSES

Brian Flugel, representing Frankie's Wings & Things, expressed appreciation to the Board for the opportunity to serve the public at the Savannahs Golf Course. He stated in 1994, the County had a problem and asked him if he wanted to take over the concession; in one week he got it up and running and has had a lot of fun with it; and when the new request for proposal came out, he submitted a proposal and was selected to be at the Savannahs for another three years, plus two if the Board approves it. He stated the County has done a great job for him and hopefully he has done a great job for the County; they try to follow the directions of the Golf Director; and had a great time, so he wanted to thank the Board.

Commissioner O'Brien inquired if there was much damage to Mr. Flugel's restaurant by the storms. Mr. Flugel explained the damages, and noted they will open with plastic utensils and paper plates this afternoon, which passed the Board of Health's approval.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to award Proposal #P-5-8-08, Food and Beverage Services for The Habitat, Savannahs, and Spessard Holland Golf Courses to Ocean Cafe for Spessard Holland, Putters, Inc. for Savannahs, and Birdies and Eagles for The Habitat; and authorize the Chairman to execute Contracts with each vendor. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:31 p.m.

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

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