The Board of County Commissioners of Brevard County, Florida, met in regular session on December 14, 1999, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, and Sue Carlson, County Manager Tom Jenkins, and Assistant County Attorney Eden Bentley. Absent was: *Commissioner Helen Voltz who was attending the School Board meeting.

The Invocation was given by Daniel Harris, Jade Bell, Brittany Todd, Jamal Benjamin, Saul Harris, and Suzanne Baker, students of Diamond Community School.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

VISIT FROM SANTA CLAUS

Santa Claus attended the Board meeting and presented each Commissioner, the County Manager and County Attorney with candy canes, and wished everyone a Merry Christmas. Chairman Scarborough thanked Santa for his visit.

EXPRESSION OF APPRECIATION, RE: DIAMOND COMMUNITY SCHOOL

Dr. Doreatha Fields, Executive Director and Founder of Diamond Community School, Inc., expressed appreciation to the Board for its hard work and determination to make Brevard County a very special place. She stated they are pleased with what the Board is doing on behalf of children and families; and as a token of their appreciation, they would like to present each Commissioner with a Christmas commemoration from the Diamond Community School.

Chairman Higgs expressed appreciation to the students, their teacher Botiva Jackson, and Dr. Fields; and Commissioners presented their candy canes to the students.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the Minutes of August 19, 1999, August 31, 1999, and August 31, 1999 Special Meetings. Motion carried and ordered unanimously.

REPORT, RE: EXECUTIVE SESSION FOR PORTER v. BREVARD COUNTY

Assistant County Attorney Eden Bentley requested an executive session to discuss Porter v. Brevard County on January 11 or 18, 2000 after the meeting.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve an executive session on January 18, 2000, at 5:00 p.m. to discuss the Porter v. Brevard County case. Motion carried and ordered unanimously.

RESOLUTION, RE: WELCOMING HOTELPLAN MILLENNIUM ROUND THE WORLD CHARTER FLIGHT

Commissioner Scarborough advised a group of Swiss tour operators are taking a 26-day trip around the world; they will land in Brevard County on their first stop; and the resolution is to welcome them. He stated they are going to the Yucatan, Mexico, Tahiti, and other places; and it is great that they decided the Space Coast of Florida as the place for their first stop.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution welcoming the Hotelplan Millennium Round the World Charter Flight to Brevard County as its first stop of a 26-day tour around the world. Motion carried and ordered unanimously.

REPORT, RE: APPOINTMENTS TO NORTH BREVARD HOSPITAL DISTRICT BOARD

Commissioner Scarborough advised the Board will consider appointments to the North Brevard Hospital District Board simultaneously with the City of Titusville; there are people who are interested in both appointments which will cause a conflict; and several options were suggested. He stated the Board could table the item tonight, or it can dispose of it at the beginning of the meeting; however, Commissioner Voltz is not here right now.

Chairman Higgs advised Commissioner Voltz will be here after her item is heard by the School Board, if the Board wishes to wait until then.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to consider appointments to the North Brevard Hospital District Board when Commissioner Voltz is present. Motion carried and ordered unanimously.

REPORT, RE: NEWSPAPER ARTICLE

Commissioner O'Brien advised Milt Sullivan's column in Florida TODAY says, "Women have the last word in this email. Do you know what would have happened if they would have been three wise women instead of men? They would have asked directions, arrived on time, helped deliver the baby, cleaned the stable, made a casserole, and brought practical gifts."

REPORT, RE: CONGRATULATIONS TO WESTSIDE JAMMERS

Commissioner Carlson congratulated the Westside Jammers from Westside Elementary School in Palm Bay, for being invited to perform in the 1999 Orange Bowl Parade and represent Brevard County in the production that will open the nationally-televised portion of the parade on New Year's eve at 7:00 p.m.

REPORT, RE: WELCOME STUDENTS FROM BARRY UNIVERSITY

Chairman Higgs welcomed Sam Stanton, Director of Facilities Construction's class from Barry University who are present as part of their assignment; and stated they are taking Negotiation Theory and Practice.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR IMPROVEMENTS IN VIERA, TRACT Z, CLUBHOUSE DRIVE, PHASES 3 AND 4

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution releasing the Contract with The Viera Company for improvements in Viera, Tract Z, Clubhouse Drive, Phases 3 and 4. Motion carried and ordered unanimously.

ACCEPTANCE OF QUITCLAIM DEEDS FROM ABUTTING PROPERTY OWNERS, RE: SPIRE LANE IN CANAVERAL GROVES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to accept Quitclaim Deeds from abutting property owners for road improvements to Spire Lane in Canaveral Groves, Section 5, to be constructed under the Unpaved Road Ordinance for a distance of 1,750 feet by Shawn and Maria Watts. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: EAU GALLIE BOULEVARD PEDWAY PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Contract Modification #1 with Ranger Construction Industries, Inc., for Eau Gallie Boulevard Pedway project, increasing contract price by $19,179.07 due to increase in the planned quantity; authorize final payment of $35,341.78; and approve Budget Change Request. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING WILLIAM R. PATTERSON, SR.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution commending William R. Patterson, Sr. for 17-1/2 years of meritorious public service with the Road and Bridge Division, and extending best wishes for good health and happiness. Motion carried and ordered unanimously.

AUTHORIZATION TO EXPEND COUNTY FUNDS, RE: MODIFICATIONS TO PRIVATE PROPERTY USED AS POLLING PLACE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize expenditure of County funds to install a ramp at Chapel By The Sea, used as a polling place, to comply with handicapped accessibility standards. Motion carried and ordered unanimously.

TASK ORDER NO. 98-005-09 WITH CREECH ENGINEERS, INC., RE: WICKHAM PARK DRAINAGE IMPROVEMENTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Task Order No. 98-005-09 with Creech Engineers, Inc. to provide engineering services for improvements to the drainage system along Parkway Drive and detention pond in Wickham Park, at $64,660. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: JOINT FUNDING OF FLORIDA BOULEVARD STORMWATER PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Contract with Florida Department of Environmental Protection for joint funding for construction of Florida Boulevard Pond, District II; authorize advertising for bids and awarding the Contract to the lowest qualified responsive bidder; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

CERTIFICATION AGREEMENT WITH BREVARD MPO, RE: STAFF SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Certification Agreement with Brevard Metropolitan Planning Organization (MPO), extending the Agreement through December 31, 2000. Motion carried and ordered unanimously.

AGREEMENTS WITH CHAMBERS OF COMMERCE, RE: TDC 2000 CATEGORY A, PROMOTION AND ADVERTISING GRANTS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreements with Titusville Area, Cocoa Beach Area, Melbourne/Palm Bay Area, and Palm Bay Chambers of Commerce, providing TDC 2000 Category A, Promotion and Advertising grants of $30,000 to each Chamber. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: VEGETATION TRIMMING

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation for vegetation trimming within the FAR Part 77 transitional surface area at Valkaria Airport at an estimated cost of $65,000 with FDOT providing 80% of the funding. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: FAY LAKE WILDERNESS PARK

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Amendment No. 1 to Agreement with Florida Department of Environmental Protection extending time for completion of Fay Lake Wilderness Park under Legislative Line Item Grant until May 30, 2000. Motion carried and ordered unanimously.

APPROVAL OF IAFF LABOR AGREEMENT ARTICLE 13, RE: WAGES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Article 13 to the IAFF Labor Agreement regarding wages for rank and file unit of Brevard County Fire Rescue with a retroactive date of October 2, 1999. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: SCAT BLOCK GRANT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation to allow the allocation of $795,751 in State Public Transit Block Grant funds to Space Coast Area Transit for Fiscal Year 2000. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-0-04, RE: STOP LOSS INSURANCE CONTRACT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to award Proposal #P-1-0-04, Stop Loss Insurance Contract for group health insurance to Excess, Inc. effective January 1, 2000; and authorize the Chairman to execute the 12/15 Contract with $150,000 specific deductible at an annual premium of $367,423. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 99-177, RE: AUTHORIZING TICO AIRPORT AUTHORITY TO DRAW FROM THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION'S TAX EXEMPT COMMERCIAL PAPER PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution amending Resolution No. 99-177, authorizing Titusville-Cocoa (TICO) Airport Authority to draw from the Florida Local Government Finance Commission's Tax Exempt Commercial Paper Program. Motion carried and ordered unanimously.

AUTHORIZATION, RE: USE OF TEMPLATE FOR CHAIRMAN'S SIGNATURE ON BOARD RESOLUTIONS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the use of a template for the Chairman's signature on Board resolutions. Motion carried and ordered unanimously.

AGREEMENTS WITH DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATION OF AGENT, RE: DAMAGES FROM HURRICANES FLOYD AND IRENE

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Disaster Relief Funding Agreements with Department of Community Affairs for damages from Hurricane Floyd and Irene, and appoint the County Manager or his designee as primary agent and alternate agent to execute requests for reimbursements, certifications, supporting documents, and any amendments or changes to the Disaster Relief Agreements. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION, RE: SHERIFF'S OFFICE RADAR UNITS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the Grant application to Florida Department of Transportation for $23,210 in grant funds to purchase 11 additional speed control radar units. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING HARRY T. MOORE DAY

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution proclaiming December 19, 1999 as Harry T. Moore Day in Brevard County, in recognition of the contributions Mr. Moore made to the advancement of justice and equality in his community. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to appoint and/or reappoint Kelli Jo Strabley to Animal Control Dangerous Dog Hearing Council, with term expiring December 31, 2000; Jim Messer to the Building and Construction Advisory Committee, with term expiring December 31, 2000; Ron Pritchard to the Citizen Budget Review Committee, with term expiring December 31, 2000; Jackie Fleener and Marcia B. Mario to the Brevard County Commission on the Status of Women, with terms expiring December 31, 2000; Dr. George L. Fayson, Sr. to the Community Action Agency Advisory Committee, with term expiring December 31, 2000; Juanita Barton to the Community Development Block Grant Advisory Board, with term expiring December 31, 2002; Bud Crisafulli to the Contractors Licensing Board, with term expiring December 31, 2000; Walter Payne, Dr. Ronald Bobay, and Marilyn S. Hooper to Country Acres Advisory Board, with terms expiring December 31, 2000; George Reynolds, Glenn Morgan, Dr. Gregory Kirk, Dan Dvorak, Roy Gunsler, Ron Pritchard, and Joe DeMes, to the District 2 Canal Dredging Committee, with terms expiring December 31, 2000; Dan Adovasio to the Economic Development Commission of Space Coast, with term expiring December 31, 2000; Kim Zarillo and Diane Stees to the Environmentally Endangered Lands Procedure Committee, with terms expiring December 31, 2000; Brooks Humphrys and Roy Roberts III to the Extension Advisory Council, with terms expiring December 31, 2000 and December 31, 2001 respectively; Ed Bradford, Brooks Humphrys, Roz Foster, and Douglas Hendriksen to the Historical Commission, with terms expiring December 31, 2000; Carol Hurst to the County Library Board with term expiring December 31, 2000; Tod McNeal to the Merritt Island/Beaches Service Sector Advisory Board with term expiring December 31, 2000; Herman Wattwood to the North Brevard Library District Board with term expiring December 31, 2001; Tom Kreuzinger, J. T. Shealy, Loretta S. Whitten, and Laurenzia Lewis to the Mims/Scottsmoor Public Library Advisory Board, with terms expiring December 31, 2000; Ken Carlson to the North Brevard Commission on Parks and Recreation, with term expiring December 31, 2001; Alice Crowell-Lance, Constantine Daniel, Robert E. Mills, Jr., Maureen Rupe, and Amy Tidd to the Port St. John Public Library Advisory Board, with terms expiring December 31, 2000; Jack Houts to the Personnel Council, with term expiring December 31, 2000; Ed Coburn, Matt Sokoloski, Michael Selig, Aneta Ott, and John Daignault to the Planning and Zoning Board, with terms expiring December 31, 2000; Lou Howard and Joe Littlefield to the Public Golf Advisory Board, with terms expiring December 31, 2000; James E. Ball to the Spaceport Commerce Park Authority, with term expiring December 31, 2000; Bill Baer and Raymond B. Cook to the Valkaria Airport Advisory Board, with terms expiring December 31, 2000; and Helen Filkins to the Zoning Board of Adjustment, with term expiring December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE VI, SECTION 62-1953(A) AND (F) GOVERNING CO-LOCATION OF TOWERS AND ANTENNAS

Chairman Higgs called for the public hearing to consider an ordinance amending Article VI, Section 62-1953(a) and (f), governing co-location of towers and antennas.

Commissioner O'Brien stated the change encourages co-location of antennas in lieu of siting new towers.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Sections 62-1953(a) and (f) governing co-location of towers and antennas on existing structures and buildings; providing criteria to all towers; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE VI, SECTIONS 62-1371(1)(A), 62-1372(1)(A) AND 62-1373(1)(A), PERMITTING MULTIPLE SINGLE-FAMILY RESIDEN- TIAL STRUCTURES ON A LOT OR PARCEL

Chairman Higgs called for the public hearing to consider an Ordinance amending Article VI, Sections 62-1371(1)(a), 62-1372(1)(a), and 62-1733(1)(a), permitting multiple single-family residential structures on a lot or parcel.

Commissioner O'Brien inquired if the land is zoned for multifamily use, the owner or developer is allowed to build one single-family structure and a condominium or apartment; with Planner III Robin Sobrino responding that is correct. Commissioner O'Brien inquired can they build two single-family homes on their property and no apartments; with Ms. Sobrino responding this ordinance would allow them to put single-family homes on the property. Commissioner O'Brien inquired if it does more than that; with Ms. Sobrino responding no. She stated right now, a property owner can build a single-family home on multifamily property; but if he wants to build another single-family home, staff would have to tell him he cannot, and would have to build a duplex, triplex or another multifamily structure, which does not make sense.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Sections 62-1371(1)(a), 62-1372(1)(a), and 62-1373(1)(a), to allow multiple single-family residences as a permitted use, up to the maximum density limitation permitted by the Zoning Classification; amending Sections 62-91371(5)(a), 62-1372(5)(a), and 62-1373(5)(a) as they relate to spacing provisions for accessory buildings in these multiple family classifications; adding Sections 62-1371(5)(f), 62-1372(5)(f), and 62-1373(5)(g) to specify spacing requirements for principal structures; adding Sections 62-1371(9), 62-1372(9), and 62-1373(8) to provide for ownership requirements for parcels in the multiple-family classifications; providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION, RE: SETTING FEES FOR WRECKER AND TOWING SERVICES

Michael Dourth with Kendall Towing, advised he is here to answer questions on the resolution they are trying to change.

Commissioner O'Brien inquired if the rates are the same as Orange County's rates; with Bobby Bowen responding they parallel Orange County. Commissioner O'Brien inquired if the cities are in or out; with Mr. Bowen responding they are all in. Chairman Higgs inquired if the cities adopted resolutions; with County Manager Tom Jenkins advised the resolution sets the fees and the cities can opt out of Ordinance No. 99-29.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution setting forth a schedule establishing maximum fees which may be charged on the towing of vehicles from or immobilization of vehicles on private property, removal and storage of wrecked or disabled vehicle from accident scenes or for the removal and storage of vehicles, in the event the owner or operator is incapacitated, unavailable, leaves the procurement of wrecker service to the law enforcement officer at the scene, or otherwise does not consent to the removal of the vehicle. Motion carried and ordered unanimously.

APPROVAL, RE: 100% MASTER SITE PLANS AND SITE MANAGEMENT PLANS FOR ENCHANTED FOREST, HELEN & ALLAN CRUICKSHANK, MALABAR SCRUB SANCTUARIES, AND BARRIER ISLAND ECOSYSTEM CENTER

Commissioner O'Brien stated he has not had time to look through all four books and does not comprehend the item totally, and because of the enormous amount of work the Board has had in the last few weeks, he has not had time to read the plans.

Parks and Recreation Director Charles Nelson advised the Plans before the Board are the 100% plans that contain minor changes from the 60% plans presented to the Board earlier this year; the package also contains the management plans for each sanctuary; and staff did not plan to make a presentation because they are so similar to the previous plans. He stated they put together a schedule based on the Board's discussion the last time, to begin with the Enchanted Forest with design in January, 2000 and construction in September, 2000; then begin the Barrier Island Eco-center in September, 2000, with construction in May, 2001. He stated they would start the Malabar Scrub in May, 2001, but would come back to the Board for specific approval to take the next step; so they are looking for approval to proceed with the first two sanctuaries then come back with three and four for Board approval to proceed.

Commissioner Scarborough stated the next meeting is January 11, 2000; and inquired if it would impact the Enchanted Forest construction if it is put off until then; with Mr. Nelson responding nothing is time sensitive, but staff would like to begin the process of establishing meetings necessary to accomplish the task and begin negotiations, etc. Commissioner Scarborough inquired if it would be okay to start doing preliminary work contingent upon approval of the plans in January; with Commissioner O'Brien responding he has no problem with that.

Ross Hinkle, Chairman of EEL Selection and Management Committee, advised they have been very involved in the process of reviewing the documents, worked very closely with County staff and the A&E firm that put the plans together; and they attended the public hearings involved in developing the master site plans and sanctuary plans. He stated they feel comfortable with the plans and urge the Board to approve the 100% design so they can move ahead; it is an exciting program; and Brevard County will be extremely proud of what will be developed as a result of this process. Chairman Higgs thanked the Committee for its work.

Dave Rich, President of Friends of the Enchanted Forest, advised of his experiences when he started his volunteer work with the Enchanted Forest, including lectures and educational tours through the Forest for the past seven to eight years. He stated they were told, at that time, there would be an educational pavilion in two or three years; so they are looking forward to working with the County to develop educational programs and enhance the excellent opportunities to teach people how different environments interact and how the geology of the area affects what can live there. He stated it is hard to find bored students when they are taken through the Enchanted Forest; so the Committee encourages the Board to expedite this as much as it can.

Chairman Higgs inquired if the Board could still move forward with management of the resources if the item is delayed; with Mr. Nelson responding yes, and between now and January 11, 2000, if the Board would allow it, staff would negotiate and be able to have a contract in place by that time and not have a time delay.

Chairman Higgs advised the Board received a letter from the Town of Malabar expressing a desire to see it move forward on the road at the Malabar Scrub Sanctuary site; the Town has a grant from the State to develop its park and both parcels will be using that road; and since it is a part of that site, staff should move ahead with the road so the Town can proceed with its plans. She stated she does not have a problem holding off until January 11, 2000, if staff could go forward on the road.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to continue the approval of 100% Master Site Plans and Site Management Plans for Enchanted Forest, Helen & Allan Cruickshank, Malabar Scrub Sanctuaries, and Barrier Island Eco-System Center until January 11, 2000; and allow staff to continue to negotiate and improve the road into the Malabar Scrub Sanctuary. Motion carried and ordered unanimously.

APPOINTMENT/NOMINATION, RE: NORTH BREVARD HOSPITAL DISTRICT BOARD

Chairman Higgs advised there were questions on how to complete the process and lack of clarity; the Commissioners indicated they would each list four names and from that the Board would vote on the top two; and inquired if it was the Board's intent to have all Commissioners rank four names.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to determine that each Commissioner would rank their nominees. Motion carried and ordered unanimously.

Management Services Director Stockton Whitten advised Mr. Jerry Noffel notified him that he is applying for either seat.

Commissioner Scarborough stated the first appointment will be the County's representative.

J. J. Parrish, III advised he is seeking reappointment for the seat he has held for 12 years; and he is pleased with what the Hospital Board has accomplished, including getting off the tax rolls, receiving outstanding scores for patient care, financial responsibility, and providing the best care and equipment. He stated with the Board's support he could continue that role and see the building of a new hospital in North Brevard; and thanked the Board for the opportunity to serve the community.

Bea Polk stated Nelly Strickland wants the Board to read her FAX and asked that the Board give them members who are concerned about the public. She stated the Hospital Board has money for the new hospital, but told the Titusville City Council it has a bond issue; and cited incidents that took place at the Hospital Board meetings, including different agendas so the public does not have a chance to determine what they are voting on, one of which was an 8% salary increase for Mr. Baker. She stated the meetings are not recorded, so no one can go back to prove anything; there is no time scheduled for the public to speak; she has asked questions and never got answers; and inquired if that is the kind of board this Board wants. Ms. Polk inquired what will happen to the $80 million if the Hospital Board goes with a bond issue for the new hospital; and stated every time they build anything, it is put in the name of the side-by-side corporation and not in the name of the Hospital. She requested the Board look at what is happening; inquired why it would support people who want to go to a bond issue; and stated if the Board does not put new members on the Hospital Board, they will get a petition and start proceedings.

The Board discussed the procedure it would follow to select one of the 17 applicants to represent the County on the North Brevard Hospital District Board, and decided each Commissioner would rank their top four selections. Commissioner Scarborough stated the totals and how each Commissioner voted must be recorded because the Board cannot have silent votes.

Commissioner Voltz inquired why W. L. Millwood was not included; with Management Services Director Stockton Whitten responding he resides in Rockledge and is not eligible to serve on the Hospital Board.

Each Commissioner made his/her selection and the meeting recessed at 6:17 p.m. for staff to tally the votes. The meeting reconvened at 6:25 p.m.

Mr. Whitten advised Jerry Noffel received 12 points and J. J. Parrish III received 11 points; and Commissioners ranked them as follows:

District 1: J. J. Parrish, Larry Swaton, Jerry Noffel and Leonard Daye;
District 2: Leonard Daye, Larry Swaton, J. J. Parrish, and Jerry Allender;
District 3: Jerry Noffel, J. J. Parrish, John Harris, and Christina Asch;
District 4: Jerry Noffel, Doris Littlefield, J. J. Parrish, and Ben Storey; and
District 5: Sharon Davis, Ben Storey, Jerry Noffel, and Floyd Hessler.

Chairman Higgs instructed each Commissioner to put one name on the ballot for either Mr. Parrish or Mr. Noffel. Upon completion and tally, Mr. Whitten advised Mr. Parrish received 3 votes from Commissioners Scarborough, O'Brien, and Higgs; and Mr. Noffel received 2 votes from Commissioners Carlson and Voltz.

Chairman Higgs declared Mr. Parrish as the Board's appointee to the County seat on the North Brevard Hospital District Board.

County Manager Tom Jenkins advised the next member is a joint City/County seat and the Titusville City Council has to confirm the Board's nomination. He noted Mr. Noffel can be included because he was not eliminated.

Chairman Higgs advised Commissioners to eliminate those applicants who were only interested in the County's seat on the Hospital Board.

Each Commissioner ranked their appointees. The meeting recessed at 6:31 p.m. for staff to tally the points, and reconvened at 6:36 p.m.

Mr. Whitten advised Mr. Noffel received 20 points, Mr. Swaton received 7 points, and Mr. Allender received 7 points. Commissioner Scarborough recommended the rules be set aside and Mr. Noffel be declared the appointee for the joint seat on the Hospital Board. Mr. Jenkins noted he is the Board's clear majority. Commissioner Scarborough stated every Commissioner selected Mr. Noffel so there should be no question. Chairman Higgs recommended it be put in writing so the Board does not deviate from the rules.

Commissioner Scarborough stated some of the same people are applying to the City; and it would be unfortunate if the City Council fills its seat with the same name the Board has selected. He recommended the names be sent to the City immediately, and the Commissioners ranking be read into the record.

Mr. Whitten advised of the Commissioners' rankings as follows:

District 1: Jerry Noffel, Larry Swaton, Leonard Daye, Ben Storey
District 2: Jerry Noffel, Jerry Allender, Larry Swaton, J. A. Bodor
District 3: Jerry Noffel, Christina Asch, Jerry Allender, Larry Swaton
District 4: Jerry Noffel, Doris Littlefield, Ben Storey, Larry Swaton
District 5: Jerry Noffel, Ben Storey, Jerry Allender, Floyd Hessler

AMENDMENT TO AGREEMENT WITH TINDALE-OLIVER & ASSOCIATES, INC., RE: IMPACT FEES CONSULTING SERVICES

Commissioner Voltz advised she is in the process of meeting with the Home Builders and Board of Realtors; it will hamper their ability to build and sell homes; and before the Board directs Tindale to include all those impact fees on homes, the Board needs to hear from the community; so she cannot support asking the consultant to do any more than they have done.

Planner III Stephen Swanke advised the Board asked the consultant to prepare estimates on new impact fee programs for libraries, parks and recreation, and schools, and develop fee exemption proposals for areas within CDBG target areas; they have come back with that information; and staff listed the options, which are not exclusive. He stated they also separated fire protection from EMS, and recommended fire protection for the unincorporated area and EMS countywide.

Commissioner Voltz stated she wants to speak to the community before delving into something that will add $2,000 to $3,000 to the price of a home; and it is not fair to people who are looking to buy a home and will not be able to because of the additional expense. She recommended the Board hold off on doing anything for 60 days so she can get community input.

Commissioner Carlson stated she disagrees, because the study will show what the impacts are, what would be feasible, etc.; and when the study is completed, it should be taken to the Home Builders to review what the study shows and how the community compares to other communities. Commissioner Voltz stated the Board should find out from those in the community who will be impacted by the fees; the County does not need more libraries and parks and recreational facilities; it may not have enough, but it should not impact homeowners when people who do not own homes use those facilities as well. She stated there has to be other ways to address it. Chairman Higgs noted it affects all developments, including apartments. Mr. Swanke stated libraries, parks and recreation, and schools will apply to all residential uses. Chairman Higgs stated she supports a study on parks and recreation and on libraries, and wants a study of the school impact fee. Commissioner O'Brien stated those impact fees are all domicile related; and inquired if mobile homes, trailers, etc. are included; with Mr. Swanke responding mobile homes are not subject to impact fees for transportation, EMS and correctional facilities; but if the Board wants to proceed with libraries, staff could create a category for mobile homes.

Commissioner Scarborough advised he was told the School Board was approached and was interested in the study; however, the consultant advised not to move forward with the schools since there is a hiatus now. Mr. Swanke stated the consultant did not recommend proceeding with the school impact fee until the report from the Legislature is issued in January, 2000 and because of the moratorium in effect until July, 2000. Commissioner Scarborough stated if the Board postpones the school study, staff should go back to the School Board and ask if it is interested. Commissioner O'Brien stated if the Board votes for the study, it should include review of other counties that have gone this far and the direct relationship it had to any domicile being built and how severe the impact is. Commissioner Carlson stated she supports the school fee.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to go forward with Options 1 and 2 adding libraries and parks and recreation impact fees to the study by the consultant.

Commissioner Voltz stated she will not support the motion. Commissioner Scarborough stated the question is does growth pay for itself or put a community further behind; impact fees will not fully pay for growth, but it will increase the quality of life; and the Board will have more information to share with the construction community and have numbers to give them when the study is completed. Commissioner Voltz stated it will cost another $43,000. Chairman Higgs stated to have a high-quality community, the costs need to be shared with the residents and new industries; growth does not pay for itself; and the study will allow the Board to see what the numbers are.

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

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to delay Option 3, school impact fee, until February, 2000; execute First Amendment to Professional Consulting Service Agreement with Tindale-Oliver & Associates; authorize the County Manager to issue a Notice to Proceed with additional tasks approved by the Board; grant tentative approval of Budget Change Requests necessary to implement the Amendment; and direct staff to approach the School Board to determine its willingness to pay the cost of the school impact fee study.

County Manager Tom Jenkins advised when the School Board was approached, it was not asked to pay for the study, so staff will have to go back and ask it. Commissioner Voltz inquired if the motion states if the School Board pays the Board will include school impact fee, and if not, it will not include that in the study. Commissioner Carlson stated no, it is sharing the cost; and Commissioner O'Brien stated no, if the School Board wants the study and wants to share the cost, it can pay its share of the $39,000. Chairman Higgs recommended staff prepare a letter asking the School Board about its willingness to pay a share of the cost.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay. (See pages for Amendment and Budget Change Requests.)

CONSIDERATION OF APPOINTMENTS/REAPPOINTMENTS, RE: CONTRACTORS LICENSING BOARD

County Manager Tom Jenkins advised of the change in the Florida Statutes requiring the addition of two non-industry members to the Contractors Licensing Board; and stated the Board can add two members or change the existing categories.

Commissioner Voltz advised the person from District 5 has only been to two meetings; she did not find out about it until the end of the year; and inquired why someone did not call her office and tell her he was not showing up. She stated it is not fair to the Board and her District and she cannot do anything about it; all the Boards should let Commissioners know if they are not showing up; and she would like to replace that person.

Motion by Commissioner O'Brien, to convert one fire safety member to a non-industry member. Chairman Higgs inquired if the Board plans to appoint the members; with Commissioner O'Brien responding District 1 or District 4 will have to remove a fire safety person and add a non-industry person. Commissioner Scarborough stated he cannot support it because his office contacted Mr. Weidmann who said he would like to continue serving, and he does not know how the other members feel. Commissioner Carlson stated she does not have a problem releasing a District 4 fire safety person and putting a non-industry person in its place. Commissioner Voltz suggested the Board hold off on appointments as she does not have a person today; with Chairman Higgs responding Commissioner Voltz can return with a person to appoint at a later meeting. Commissioner Voltz stated she only has two appointments and all the other Commissioners have three.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to add one non-industry member and convert the District 4 fire safety member to a non-industry member; reappoint Michael Wiedmann, Howard Charlson, Franklin Livingston, Bud Crisafulli, Robert Morgans, Lena Nordell (alternate), Jon Radencic, John Nast (alternate), Ann Nicol, Robert Hicks, John Robinson, and Nick Witek to the Contractors Licensing Board; and authorize Commissioner Carlson to appoint a non-industry person to replace Mike Corby, and Commissioner Voltz to appoint one H.A.R.V. person to replace Kevin Daneu and one non-industry person. Motion carried and ordered unanimously.

AMENDMENT TO LEGISLATIVE ISSUES PACKAGE, RE: SUPPORT SPACEPORT FLORIDA AUTHORITY'S FAST TRACK PROGRAM APPLICATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to amend the Legislative Issues Package to request the Legislature support funding of Spaceport Florida Authority's Fast Track Program application for $4 million to construct a roadway on the Kennedy Space Center that will provide access to the Space Experiments Research and Processing Laboratory. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN, RE: HURRICANE DAMAGE REPAIRS AT COUNTY PARKS AND GOLF COURSES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve temporary loan of $1,222,571 from operating reserves and establishment of the appropriate budget to provide necessary funds for repair of hurricane damage at County parks and golf courses. Motion carried and ordered unanimously.

APPROVAL, RE: LEGISLATIVE PROPOSALS FOR COURT ALTERNATIVE SERVICES

Commissioner O'Brien advised of a letter from Sheriff Williams advising he has not had time to investigate the impact and asking for more time to perform an investigation.

Chairman Higgs advised (1) request funding for Brevard Drug Court Program and (2) request funding for a prototype project to include secure and non-secure residential treatment were approved on July 20, 1999; the remaining requests for proposed legislation from H.E.A.R.T. are: (3) elevate Marchman Act court orders to a higher priority; (4) prohibit the use as informants of first and second time substance abuse offenders; (5) prohibit the confiscation of automobiles prior to adjudication; (6) provide to Judges more authority in substance abuse and mentally-ill related cases; (7) add statewide conferences for parents to the Governor's Drug Control Strategy; (8) rescind recommendation to abolish current discovery process for drug defendants in favor of less restrictive federal rules; (9) provide specialized assistance to parents of addicted children; and (10) transfer 50% of proceeds from drug-related confiscations and jail telephone windfall to a treatment trust fund.

Harold Koenig, representing H.E.A.R.T., thanked the Board for its support and participation in their forum on substance abuse and mental health with Judge Kearney; and stated H.E.A.R.T. represents hundreds of parents, grandparents and friends who request the Board amend its wish list for 2000 to include eight items in addition to those previously approved. He stated government officials recognize the present approach to substance abuse has failed; the criminal justice system is going in the wrong direction; State and County senior law enforcement officials continue to proceed with failed and obsolete policies; and addicts must be treated, not jailed. He stated there is fierce opposition to H.E.A.R.T. by senior law enforcement officials who have checkmated most of their legislation; and requested the Board take the lead to help addicts and the mentally-ill and save the lives of children. Mr. Koenig stated treatment works and costs less than jail; incarceration does not work; citizens are demanding changes to the system; and the time to act is now and not wait while disaster escalates.

Freda Schildroth requested the Board support H.E.A.R.T.'s legislative proposals to make the lives of the mentally-ill easier and treat drug addicts. She read a statement about the Marchman Act court orders; and requested support of conferences for parents, and funding for mental health court.

Barbara Koenig requested the use of informants be prohibited as it places young people in immediate danger and compound their problems.

Connie Rodgers stated treatment must be provided for abusers and demand for drugs dealt with; confiscating automobiles prior to adjudication violates their constitutional rights to due process; and parents need assistance and guidance to deal with addicts and mentally-ill children.

Richard Cottrell requested support of legislation that would provide judges with more authority in substance abuse and mentally-ill cases, and treatment programs rather than prison. He advised of conspiracy, penalizing people with no offenses for not reporting to police, use of drugs to entrap others, and the Bill of Rights; and he read several articles.

Jim Johnson requested the Board support early addicts receiving treatment, and require funding for first time offenders and to insure economic viability of the program. He stated money derived from property confiscated and jail phone calls could be used to fund the program; and it would help to reduce crimes and problems relating to drugs. He stated it would be crucial to have transitional care support after release and a plan to meet the needs for different people on different drugs; and it will reduce impact on the courts and society. He advised H.E.A.R.T. recommends the Board support transfer of 50% of the proceeds from drug confiscated property to a treatment trust fund to provide treatment for first-time drug abusers and their families.

June Culver advised she is a parent of a mentally-ill child; and H.E.A.R.T. is headed in the right direction to cure the social ills in Brevard County. She stated it is the height of stupidity to do the same thing and expect different results, or to provide more law enforcement officers and build bigger jails; and requested the Board be on the cutting edge to do something different and begin to make the changes now. She advised of her daughter's plight with law enforcement and bonds; stated they should not be allowed to be humiliated; and requested the Board do something different.

Chairman Higgs inquired if the Board wants to go through the items from 1 to 10; with Commissioner Scarborough responding 1 and 2 are already approved; and the Sheriff wants to address 4, 5, 8 and 10.

Commissioner Voltz advised she has been working on a Partners in Crisis committee in Orlando created by the Chief Judge; District 7 received an additional $5 million for the first time in 7 to 10 years for substance abuse and mental illness; Brevard County received over $1 million for substance abuse and additional funding for mental illness; and the effort of Partners in Crisis was so successful it is expanding to the District. She stated a group working statewide has more power than one Commissioner; there is a large contingency behind the Board now; so it should go to Tallahassee in mass and invite Mr. Koenig to be part of the group because he is a strong advocate of the issues. She stated if the Board wants to support him that would be fine, but she is unsure about including the items in the legislative package, as the Delegation will only take five issues to Tallahassee; so the Board needs to narrow them down to what is very important to most of the people.

Commissioner Scarborough advised he has not analyzed the issues in detail; he does not have a problem with forwarding Items 3, 6, 7 and 9 and saving Items 4, 5, 8 and 10; and recommended forwarding those items that the Sheriff has not questioned.

Commissioner Carlson inquired if Partners in Crisis studied the issues and provided a statement; with Court Alternatives Director Patricia Bean responding no, they looked at the needs in the District and State; the District Subcommittee will meet on January 7, 2000 to look at what needs have been met in the past and what is needed in the future for treatment of substance abuse and mental health; and the group is supported by the Drug Czar at $100,000,000 for treatment and interdiction of drug, and prevention.

Commissioner O'Brien advised the Board has to prioritize its legislative package; these items may or may not be with it; they are very important, and Mr. Koenig has put in a lot of effort; but the Sheriff wants to talk to the Board about the items and he may have good arguments. He stated he cannot vote in favor at this time because he has only heard one side; and there are other programs available.

Chairman Higgs stated she can support Items 3, 6, 7 and 9 as well as 1 and 2, and leave 4, 5, 8 and 10 for a decision later.

Commissioner Voltz stated most speakers said what is being done now is not working and cannot continue to do it with positive results; people will not change overnight, but can make progress a little at a time; and children are greatly affected by substance abuse.

Commissioner Scarborough stated the Sheriff sees it as an impact on his budget; prohibition of informants is a big issue in how they operate; it is something that has no easy answer; and the Board needs to hear from the Sheriff in more detail.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to move forward with Items 3, 6, 7 and 9 for further discussion.

Commissioner O'Brien stated taking 50% of drug confiscations and jail phone calls revenues may reduce the Sheriff's budget, but treatment reduces the need for bailiffs and jail size. Commissioner Scarborough stated people do not get well immediately; to transform someone from an addiction will not find immediate results; however, the investment has potential. Commissioner O'Brien stated first and second-time youth offenders are important; if they are taken home, it would reduce the need for jail space; and the program could cut costs by 40%.

Chairman Higgs advised the motion is to send Items 3, 6, 7 and 9 forward and bring the others back after the first of the year after the Sheriff reviews them. Commissioner Carlson inquired if the Board wants written comments from the Sheriff; with Commissioner Voltz responding he should be at the meeting. Commissioner Carlson stated he could put it in writing before the meeting. Chairman Higgs instructed staff to advise the Sheriff he will be scheduled on the Agenda in January, 2000.

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

Commissioner O'Brien inquired if this approval puts those items in the Board's legislative package; with Chairman Higgs responding the Board voted to put them in the package. Commissioner O'Brien stated he has not seen the package, and the Board has not prioritized the items.

The meeting recessed at 7:54 p.m., and reconvened at 8:06 p.m.

PUBLIC INTEREST DETERMINATION AND AMENDMENT TO CODE, RE: INDIAN LANDING SUBDIVISION NAVIGATIONAL CANAL PROJECT

Ed Fleis, Project Engineer representing Floridron Indian Landing, Ltd., introduced Brian Sculthrop, Vice President and Director of Floridron, and advised the photograph provided to the Board shows the Indian Landing site with two existing canals, the Babe Cushman canal and the Kel Fox canal that were constructed in the 1960's. He stated when the canals were constructed, they dredged additional areas within the River extending the Babe Cushman canal in a south-southwesterly direction and the Kel Fox canal directly south. He advised the three exhibits of seagrass surveys were interpreted from area photographs which may have been done by the Office of Natural Resources or the St. Johns River Water Management District; the first exhibit shows the seagrasses as they were mapped in 1976; the next exhibit shows how they were mapped in 1986; and the last exhibit shows significant reduction in seagrasses in 1989. He stated in 1976 they did not define whether the grasses were dense or sparse, but the 1986 survey shows dense and sparse areas. Mr. Fleis advised they hired Carroll & Associates to do an extensive seagrass survey of the area south and west of the site which is shown on the next exhibit; it superimposes the areas that were previously dredged, and shows extensive seagrasses throughout the area; there is an estimate of 190 acres of seagrasses; and for the most part they are high-quality seagrasses, with the southern fringe being more sparse. He stated the next exhibit superimposes the depths of the water and how they proposed to provide navigational access from the Babe Cushman canal and the Kel Fox canal; the minimum water depth is two feet; most of it is 2.5 feet or greater; and it also indicates a deep water channel that comes in at the south side of the property. He stated the next exhibit shows the near show conditions, the Indialantic project, extent of seagrass beds, and deep water channel going to the intracoastal waterway. Mr. Fleis advised there are a number of regulatory approvals required on the site; they were requested to get permits from the Coast Guard for installation of navigational aids, and permits from Department of Environmental Protection Submerged Lands which were approved; the exhibit shows approval from the Coast Guard; and the Department of Environmental Protection's approval of the project is twofold: (1) a notification of exemption for the 19 navigational markers environmental resource permit, and (2) authorization from the Board of Trustees of the Internal Improvement Trust Fund for use of sovereign lands. He stated they also have approval from the Corps of Engineers and notice of intent to issue a permit; the first paragraph talks about the placement of aids to navigation; it has gone before the board for the subdivision which has nothing to do with submerged lands that were approved July 9, 1989; but at issue is a notice of intent to deny from the St. Johns River Water Management District after they worked carefully over an extended period of time and did a number of things to minimize and avoid seagrasses, including navigational markers. Mr. Fleis advised they are here to ask for an idle speed zone to minimize impact to seagrasses and protection of manatees; they limited the draft of boats and required boats to have their props raised as they go through the area; and there is only a small part of the area that is two feet in depth, with most of it 3, 4, 5 and 6 feet in depth. He stated the boat docks are allowed on private submerged bottomlands; they are also allowed on the river as an exemption, provided they do not terminate in Resource Protection Areas (RPA's) 1 or 2; and even though they are putting navigational markers and avoiding seagrass beds, St. Johns River Water Management District still saw it as a total impact on seagrasses within the navigational markers, and added it up to be 1.8 acres of seagrass beds that would be impacted. He stated the issue is can they mitigate for those impacts; in the District's notice to deny, they directed him to look at other alternatives to reduce the impacts; they looked at a number of alternatives; and the one before the Board is to extend a channel from the presently deepened channel west of the project to the Kel Fox canal on the south side. He stated that would reduce the impact to a quarter acre instead of 1.8 acres and would direct the channel to an area that is mostly void of seagrasses or seagrasses of less than 10% density. Mr. Fleis advised he prepared a sketch showing the existing condition between the previously dredged area to the Kel Fox and the shoreline protection area, the 50-foot wide buffer that presently is a Mosquito Control berm and the RIM ditch. He stated they propose to remove a portion of the Mosquito Control berm, remove all the fill and take it down to 0.51 which is the mean water line, then provide for the continued protection against mosquitoes by constructing a new berm to a minimum elevation of 4.5 feet and excavating a new RIM ditch which would be a source of material. He stated they also propose to put in culverts which would provide for inner tidal flow between the river and the RIM ditch. Mr. Fleis stated the proposal impacts about 0.65 acre of wetlands; and they propose to mitigate those impacts by acquiring 6.74 acres of a riverfront parcel which is primarily wetland, and remove the exotics from it. He noted they would also deed it to the County or St. Johns River Water Management District. He stated relative to public interest, he presented that in writing to the Board, and used criteria established by the State and delegated to the St. Johns River Water Management District such as public health, safety, and welfare of the property of others, conservation of fish and wildlife, navigation, flow of water, erosion or shoaling, fishing or recreational values, marine productivity in the vicinity of the activity, is the project of a temporary or permanent nature, are there historical and archeological resources involved, and what is the current condition and relative value. He stated the St. Johns River Water Management District and the State place a very high value on seagrasses; the kind of mitigation required for seagrass impact is probably 20 to 1 for impact to wetland vegetation; it has been impossible for them to find a mitigation project; so by using this proposal as an alternative, they would avoid a substantial amount of seagrasses and provide mitigation for wetland impacts. He noted they are also looking at mitigation for .25 acre, and would like to do mitigation projects in Brevard County if they can be identified. He noted they looked at Spessard Holland Golf Course shoreline; there is a part of the river that gets dredged between the existing deep canal on the west side and the shoreline; it requires a private easement and has to be properly appraised by an approved MAI; the fee for that is negotiated; and they also have to mitigate for impacts of the seagrasses. Mr. Fleis advised what they propose to do is in the public interest; they asked the St. Johns River Water Management District for support because they have been searching for mitigation projects; and there is a letter from Michelle of the Water Management District indicating they feel it is an approvable mitigation measure or alternative route to avoid seagrasses.

Chairman Higgs inquired if staff had any comments; with Assistant County Manager Stephen Peffer responding in the Agenda Report staff characterized some of the problems that the project has in terms of approval; many of the activities suggested are not allowed unless the Board finds there is a public interest; Mr. Fleis has worked very hard trying to come up with alternatives that could even be considered; and it is the Board's prerogative to determine if the prohibitions contained in the Code should be over-ridden because there is a public interest.

Chairman Higgs stated they have worked hard to find solutions to the problems of the project, and the avoidance of seagrass impacts is something the Board wants; but the Board has to decide if there is an overriding public interest. She stated the question is not if one solution is better than another, but if allowing the Mosquito Control dike to be moved to create a channel where the old dike was is in the public interest, and if altering the shoreline and allowing construction in the shoreline are in the public interest. Chairman Higgs stated in reviewing the Comprehensive Plan Policies and Surface Water Policies, she cannot say it is something the Board can support being done in other situations where there are mosquito impoundment areas. She stated she cannot support allowing excavation and changing of the dikes as meeting the criteria and being a public interest.

Commissioner O'Brien advised if the Board does not approve this, they would not be denied building of docks and bringing boats in through the canal which would prop dredge the seagrasses; Mosquito Control said the new impoundment area they want to create would be better than the one they have; so there is some public interest that may be positive to the community at large. He stated it is a better route to deep water that would be less of an impact upon everything if allowed to occur; policies are not written in concrete; and some of the policies are wrong.

Commissioner Carlson inquired what can Mr. Fleis put on the property if he does not go through the mitigation process. She stated he can put a dock out there, but motorized boats would not be allowed; and requested an explanation. Mr. Peffer advised the only thing that would be a constraint would be the depth; certain boats could navigate shallow depths; and most boats he is familiar with would require at least three feet navigable access.

Chairman Higgs inquired if they could not get the overall stormwater permit without taking care of the issues; with Mr. Fleis responding that is correct, and that is being held up. Mr. Fleis stated the area has quite a bit of boating activity; flat bottom boats, deck boats, and pontoon boats are the typical watercrafts used in that area; they are recommended that kinds of boats and idle speed with raised props; and they have not proposed to dredge the river or deepen the channel to be able to put in three to four-foot draft boats. He stated the alternative they looked at would take it through the disturbed area of the wetlands through areas previously dredged and to a great extent avoid seagrass beds and outletting on the channels in the south; and they would go very quickly over basically a barren area and into deeper water.

Commissioner O'Brien stated if power boat owners are required to lift their props, the blow back itself will strip the seagrasses; it sounds good, but it does not work that way; and if they draw 18 inches in two feet of water, they will prop dredge and blow sand and grass out. He stated Mr. Fleis brought back something that says this is what is going to happen in reality; there are many who will chew up the seagrasses; Mr. Fleis has an alternative to minimize damage; and it is a good alternative. He stated if boats come out at four miles per hour and want to go in different directions, they will go through seagrasses because it is done on a consistent basis countywide; and although the County does not want it to occur and tries to stop it, there are people who do it all the time.

Chairman Higgs stated in fairness to the project, they have made tremendous efforts through their deed restrictions to determine certain things people will do and put up the markers, but the Board is in a pickle; the St. Johns River Water Management District has regulations and are not going to concede to those or move off their requirements; they will allow the applicant to mitigate; the mitigation is very large because of the nature of the impact on the resource; but if the Board says no, they still can secure their permits through mitigation.

Commissioner Carlson advised she met with Mr. Fleis and told him she would listen to determine if the issues provide evidence indicating a clear public interest; and she does not feel they do. She stated impacts to mangroves, wetlands, seagrass beds, and shoreline protection buffers are all issues many of the public have come forward to try and protect and preserve; those issues are riddled throughout the Comprehensive Plan and Ordinances; and it would be a bad precedent to make exceptions, so she cannot support the project.

Commissioner O'Brien advised the letter from St. Johns River Water Management District says, "The plans District staff has reviewed today, the modified design described above, appears to meet our criteria for permit issuance. If a suitable mitigation plan is developed for the seagrass impacts and the applicant addressed other outstanding items, District staff would likely be able to recommend this project design for approval at a future regulatory board meeting." He stated the District is saying they can approve it so the Board would not be in jeopardy saying yes to something the District would say no to; Department of Environmental Protection said it works; the District is saying it can work; and the Board is the last group to say he has to minimize the impacts and work it every which way he can. He stated the County will get better mosquito berm out of it on mitigated property; and it will get a better wetland built out of that; so the public benefit is a better Mosquito Control impoundment area, improved wetlands of some that are marginal, and less destruction of seagrasses. He stated if the Board does not approve it, it will have a lot of damage to seagrasses; and he is a boater and knows not everyone is a responsible boater. Chairman Higgs stated she does not disagree that everyone is not a responsible boater, but that is not the issue.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to make a finding of public interests for the proposed navigational channel project for Indian Landing Subdivision as presented by Ed Fleis; amend the Code to include the channel as a slow speed minimum wake zone; and grant permission to advertise a public hearing to amend the Boats and Water Safety Code. Motion did not carry; Commissioners O'Brien and Voltz voted aye; Commissioners Scarborough, Carlson and Higgs voted nay.

Commissioner Scarborough stated boat launching in Scottsmoor has been going on since the 1800's; they were trying to do basic repairs and got into a quagmire with the agencies because they could not resolve the issue of whether or not to put in a channel and came to a gridlock; internally they could not determine what was best; and he does not know today if there is a clearcut answer.

Commissioner O'Brien stated the St. Johns River Water Management District said with the changes they are proposing to make, they can approve it; the Department of Environmental Protection approved it; the Corps of Engineers and Coast Guard allowed the navigational signs; and when it comes to public interest, the proposal accomplishes a drastic reduction in damage to the environment. He stated getting to four feet of depth is a short distance; and if they take the other route, it will tear up a substantial amount of seagrasses.

Chairman Higgs advised the motion was not to deny or approve, so she would recommend staff work with Mr. Fleis and Mr. Sculthrop to look at all the issues or another way to do it because she is not comfortable with what was proposed. Commissioner O'Brien stated they should work something out to preserve the seagrasses; and inquired if the policies are based on science. Chairman Higgs stated her position is she could not approve it as in the best public interest to dredge and reconstruct the dike. Commissioner O'Brien inquired if her position is not based on the policies; with Chairman Higgs responding it may be, but she happens to support the policies.

Commissioner Voltz inquired if Mr. Fleis can get St. Johns River Water Management District approval for the project before the Board acts on it or does he have to have the Board's approval before the District will approve it; with Mr. Fleis responding it is a local issue they are dealing with on the shoreline buffer and felt it needed to get this approval first. He stated in the Comprehensive Plan and Ordinances there are a number of provisions that seem to apply here; one is the shoreline buffer protection; and they can look at that with staff to see if there is a way to stay out of the shoreline buffer. He stated the Conservation Element Policy 5.3, says, "Wetland regulation adopted by Brevard County shall avoid duplication of wetland regulation"; Criteria A says, "Brevard County shall regulate activities which will result in the destruction and/or degradation of functional wetlands except where the wetland degradation or destruction has been permitted by FDER, St. Johns River Water Management District based on FDER and St. Johns River Water Management District professional staff application of criteria evaluation." and Criteria B says, "Any permitted wetland degradation or destruction shall provide for mitigation as provided in Policy 5.2." Mr. Fleis stated there are things in the Comprehensive Plan like in the Conservation Element that provide for this; it is in the shoreline protection buffer where they have to cross; they have to come from shoreline in 50 feet; but perhaps they can find a different route that would minimize the impacts to the shoreline buffer area. Chairman Higgs advised the Board does not have another meeting until January, 2000, and it will try to bring the item back at the first meeting.

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to work with Ed Fleis to see if there is another way to accomplish the navigational channel project that would be in the public interest and in accordance with County Policies for the Indian Landing Subdivision. Motion carried and ordered unanimously.

RESOLUTION OF NECESSITY, RE: ACQUISITION OF EASEMENTS FOR SHORELINE PROTECTION PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution declaring the necessity to acquire certain real property easements located in Brevard County for the placement of sand for a shoreline protection project along the Atlantic Ocean beachfront. Motion carried and ordered; Commissioner Voltz voted nay.

PERSONAL APPEARANCE - KELLY TARPLEY, RE: PURCHASE ORDER NO. 436250, SPACE COAST STADIUM REPAIRS

Kelly Tarpley, President of Tarpley Construction, Inc., presented documents to the Board, and advised he operates out of Martin County in Palm City; received a purchase order from Brevard County to do some work at Space Coast Stadium in June, 1999; and he sent a letter in November, 1999, indicating he was willing, able and ready to perform the remainder of his contract because a window was open from the ball team so he could come back and work in the Stadium. He stated he purchased the product as a licensed dealer/installer, which is indicated only once in the purchase order; it is a trademark product named Bullhide; and Brevard County is the only one that received a letter from PolySolutions attorneys saying he was not a licensed dealer/installer. He stated the letter which was sent to him terminating the contract indicates the termination was based of failure to remain qualified to perform the work since he was no longer a licensed dealer/installer; he bought the product which is sitting in his shop ready to finish the job; he has not severed the relationship with PolySolutions which is the master distributor of the product; but PolySolutions breached its contract with him. Mr. Tarpley stated he bought the license to operate with their product with a promise from the President of PolySolutions that he would be the only certified licensed contractor in Florida; then he found out that PolySolutions was at Pro Player Stadium, Ford dealerships, and other areas all over the State installing the product. He stated as master distributor, PolySolutions can buy the product for 40% less than he can buy it; he is a bona fide general contractor and carry all the insurances necessary to operate in the State; the County's Purchasing and Facilities Construction Departments have all his documentation; he has 30 plus years of experience and is not begging for work, but requesting payment of the retainage that is being held from the first part of his contract and his profit for the job. He stated he sent a letter to the County with a copy to Commissioner Carlson; he came here and had meetings prior to the window in November; he tried everything to work with Andy Dunn and get sections done when nobody was in the stadium; but the County's Purchasing Department wants to hire someone else. Mr. Tarpley stated the other person the County is hiring is not a licensed contractor; when it hired him, it hired Tarpley Construction and not Bullhide; Bullhide is a chemical made by a dozen chemical manufacturers across the United States; and Bullhide itself has gone through about six different manufacturers in the past year. He stated what he did at Space Coast Stadium was top quality work; it solved the problems 100%; the areas he worked in do not leak; and he can finish the project, but with the internal affairs of the Facilities Construction Department, he is not sure he wants to; however, he wants to be paid now for what he expended to this point. He stated he expended funds in June; it is now November; the figures on the last page are more than 40% of his annual income; he has a small operation; and the County Department has taken advantage of him. Mr. Tarpley advised he asked to store the product on site and to get paid for it in June; he was told there was no place to store it; he has been in that Stadium many times; Mr. Dunn said if he had asked him, he could have stored it in his office, but Facilities Construction was not going to let him store it on site or pay him for the materials he already purchased; and that is what caused the rub he has with PolySolutions. He stated because the County would not pay him, he could not pay PolySolutions; and now they want the contract and are going to send someone that has been in the business for about five months. He stated he wants to get paid right away; on the AIA document for his first request, he gave a 2.5% discount to the County for prompt payment; and if six months is considered prompt, he would be out of business. He stated he is not begging to be reinstated; however, the letter that was sent to him is ambiguous; and even his attorney could not understand if he was being terminated or not. He stated the Board needs to tell him what to do so he can go forward from this point and govern himself accordingly.

Chairman Higgs requested a response from staff.

Public Works Director Henry Minneboo advised some time ago staff looked for a product that was suitable for Space Coast Stadium; he sent Mr. Stanton to Joe Robbie Stadium; and it was determined by their experience with this particular product that it would solve a lot of problems as it relates to drains, leaking, etc. He stated the product had numerous colors available; they contacted the representative of Joe Robbie Stadium and was put in touch with Logan Pierson, President of PolySolutions Corporation, the representative for Bullhide; and Bullhide was the product used at Joe Robbie Stadium. He stated the original contact started with Logan Pierson; Mr. Pierson came to Space Coast Stadium and indicated his interest to participate with the product on the Stadium; and at that time, Tarpley Construction was brought up. Mr. Minneboo advised Mr. Tarpley was a representative of Bullhide at that time, so all the County's relationships regarding the project was with the Bullhide Company; and it was later indicated to staff that Mr. Tarpley no longer was certified to do work for Bullhide by letters from Logan Pierson and Mr. Pierson's legal staff. He stated staff had no choice when that certification was pulled because he no longer could do activity in accordance with the standards and policies of the Board. He stated to date Mr. Tarpley has done $29,000 worth of work; he is requesting $23,000 profit; and Mr. Stanton can address those numbers provided by Mr. Tarpley.

Facilities Construction Director Samuel Stanton advised it is unusual for the County to pay for stored materials; sometimes if it is a small contractor, staff considers it, as they did for Mr. Tarpley, but told him he would have to show ownership of the materials. He stated Mr. Tarpley could not show ownership of the product; staff checked with the Bullhide distributor; and according to Mr. Pierson, Mr. Tarpley did not pay for the product. He stated Mr. Tarpley was paid $26,100 out of the $29,000 worth of work he performed, which left a retainage of $2,900; Carl Tucker met with Mr. Tarpley on October 7, 1999 to discuss some remedial work that needed to be done because it was missed on his original application; Mr. Tarpley agreed to do that work; and when Bullhide sent the notices to the County that he was no longer a licensed dealer, Mr. Tarpley was asked if he could put down the product and he said no, but he had a good product that could be used instead. He stated he asked Mr. Tarpley again if he could comply with the purchase order and put the product down because staff did not want to intermingle products and did not know anything about the other product. Mr. Stanton stated Mr. Tarpley indicated he wanted his entire profit for the entire job since the County canceled his purchase order; he told Mr. Tarpley to read the purchase order which says the County can only pay for services rendered; and he cannot and will not pay for profit on a job which is not finish. Mr. Stanton advised he got a price from the person who is now the Bullhide area dealer to redo what Mr. Tarpley did not finish at $2,100; and he indicated to Mr. Tarpley that he would send him the difference between $2,100 and $2,900 which would result in $800. He noted he does not recall if he gave Mr. Tarpley a figure, but he did tell him he would receive the difference. He stated Mr. Tarpley could not comply with the purchase order because he was no longer a licensed dealer/applicator of Bullhide as related to staff by the Attorney and President of Bullhide, so he felt there was no choice in the matter; and he talked to Messrs. Minneboo and Washburn and to Mr. Whitten who wrote the letter to Mr. Tarpley explaining the situation to him. He stated he had not seen the letter until now with the profit on it; but staff cannot pay for work that is not done; and the purchase order states that fact.

Commissioner Voltz advised Mr. Tarpley talked about having a contract; and inquired if he has a contract or a purchase order; with Mr. Stanton responding Mr. Tarpley sent the County a contract which was not signed; he was told the project would be done by purchase order and he had to get it done within a certain window; and the only legal document between the County and Mr. Tarpley is the purchase order which is like a contract.

Chairman Higgs inquired what was the total amount of the purchase order; with Mr. Stanton responding it was $49,020, and was amended for additional repairs at $4,294, for a total of $53,314.00. Chairman Higgs inquired if Mr. Tarpley performed $53,000 worth of work; with Mr. Stanton responding no, he performed $29,000 worth of work. Chairman Higgs inquired if the Board wanted to take any action; and hearing no response, advised that Mr. Tarpley would be paid for the job he did. Mr. Tarpley inquired if that means he will not get paid; with Chairman Higgs responding he would be paid for the things he delivered. Mr. Tarpley requested the use of the time he did not use; and Chairman Higgs gave him two minutes.

Mr. Tarpley advised Bullhide is a product; he has the product which he bought when he started the job; the job is done except for eight aisleways; those eight aisleways were cleaned and ready to apply the product; there has not been very much going on in the stadium, but it probably would have to be pressure cleaned again; however, that would not involve removing tons of chewing gum and other things that they scraped off the concrete. He stated he never told Mr. Stanton any of the things Mr. Stanton alleged; he told him he had the product, and he knew that because he asked to be paid for it; no one in the Facilities Construction Department did not ask him for any proof of ownership for the product; and it was in his job trailer on the County's property at the Stadium. He stated he had possession of it; it is his product; it is still in his possession; and it is still his product. He stated his differences is with PolySolutions and not Bullhide; PolySolutions is the master distributor for the product in the State of Florida; Bullhide Corporation is in Spokane, Washington; and he bought the product under the purchase order issued by the County. Mr. Tarpley advised the purchase order states that if for any reason the product specified in the purchase order cannot be obtained, that a like or similar product will be accepted; he did not ask to change the product; he told the County he had a better product and could furnish it in turquoise because Bullhide does not make turquoise and the Stadium wanted turquoise on the catrails. He stated three months ago he told staff he found a polyurethane coating that they could put on the catrails in turquoise to match the Marlins' uniforms; he told them it was a different product and manufacturer; but it was the color they asked for; Mr. Stanton has selective memory; and what he said about telling him to give them some type of invoice is not true because he was never asked for one; he was told there was no place to store the product; but any AIA document he ever worked under had provisions for product storage on site, especially when he was asked to carry the job from June to November.

Chairman Higgs recommended the County Manager give the Board a memo regarding information Mr. Tarpley provided, the purchase order, and product issues, so the Board can consider if it wants to take further action. Mr. Tarpley inquired how long would that take; with Chairman Higgs responding it should not be too long.

PUBLIC COMMENT - BEA POLK, RE: PARKING SPACES AND COUNTY EMPLOYEES

Bea Polk inquired what is the difference between a County employee and a County employee who works for a Constitutional Officer; with Assistant County Attorney Eden Bentley responding a County employee is an individual who is under the supervision and control of the Board of County Commissioners; Constitutional Officers have their own offices separate from the County Commission; and their employees are under their supervision. Ms. Polk stated she understands that, but there is a legal matter going around, and it would help if they could find out the answer. She inquired if County Attorney Scott Knox could request an Attorney General's opinion of a County employee. She stated they are paid by the same people but work for another person; the County employees work in different departments; and inquired what is the difference. She stated she needs a legal opinion on it so she can go forward with what she is working on, because she gets ten different answers if she calls different departments.

Commissioner Scarborough stated the money comes from the same budget, but the Board has no control over Constitutional Officers or their employees; and related a scenario when County employees under the Board did not receive raises, but some under a Constitutional Officer did. He stated the whole Office was treated completely different by that Constitutional Officer than any other County employee. Ms. Polk stated every Department in the County is treated differently even under the Board; there are different ways that Departments run; but that is not what she is asking, she is asking if employees under Constitutional Officers are County employees.

Chairman Higgs recommended the County Attorney respond to that question rather than asking the Attorney General for an opinion.

Ms. Polk advised she does not know who sent her a picture, but there are parking spaces at all County facilities; and there is a sign, "reserved, assigned vehicles only" at one of the facilities. She inquired if there are special employees; and if it can be done with County money, can she get a special disabled van parking space because her van is getting disabled. She inquired if the County has gotten to the point of giving to special people; and stated since politics is building up, people are asking why do certain ones have special parking spaces. She stated Constitutional Officers have parking spaces; they are paid over $100,000 a year and cannot walk across the street; and County Commissioners have parking spaces. Chairman Higgs stated she does not have a parking space. Ms. Polk stated she understands they have parking spaces because they are special, but not in the taxpayers' eyes; it happened in the 1970's and they removed the judges then because it was a hot issue; but since this space is for a special vehicle, she wants to know if the person is disabled or ranks much higher than all the rest of the employees who work for the taxpayers.

Commissioner Voltz stated sometimes they have vehicles that go in and out on a regular basis; with Ms. Polk responding not from that space because she has watched it.

Chairman Higgs advised staff will look into it to find out what the "reserved, assigned vehicle" sign is for.

Commissioner O'Brien wished everyone a Merry Christmas.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 9:08 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)