December 15, 1998

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 15, 1998, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Nancy Higgs, District 3.

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

Santa Claus extended Christmas greetings to the Board and everyone present, and distributed candy canes to each Commissioner, the County Manager, and the County Attorney.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Minutes of September 15 and 24, 1998 Regular and Zoning Meetings, and October 6 and 27, 1998 Regular Meetings. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING JUDGE LAWRENCE V. JOHNSTON

Commissioner Voltz advised she has worked with Judge Johnston on the opening of the Juvenile Assessment Center; he has been a judge for 18 years; and he will be retiring December 31, 1998. She read a resolution commending Judge Lawrence Johnston for his dedicated service to the citizens of Brevard County and his vision in identifying the need for a Juvenile Assessment Center.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution commending Judge Lawrence V. Johnston for his dedicated service and vision. Motion carried and ordered unanimously. (See page for Resolution No. 98-302.)

Commissioner Voltz presented the Resolution to Judge Johnston, who thanked the Board for the Resolution and the help it has given to the Center.

DISCUSSION, RE: WATERFOWL HUNTING AT PINE ISLAND CONSERVATION AREA

Commissioner O'Brien recommended waterfowl hunting at Pine Island Conservation Area be tabled until the night meeting of January 19, 1999.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to table discussion on waterfowl hunting at Pine Island Conservation Area until January 19, 1999. Motion carried and ordered unanimously.

RESOLUTION, RE: EXPRESSING CONDOLENCES TO GOVERNOR CHILES' FAMILY

Commissioner Higgs read aloud a resolution extending condolences to the family of Governor Lawton Chiles and deep appreciation for his years of public service.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution expressing condolences to the family of the late Governor Lawton Chiles. Motion carried and ordered unanimously. (See page for Resolution No. 98-303.)

REPORT, RE: CONFLICTS WITH 1999 BOARD MEETING SCHEDULE

Commissioner Carlson advised she will be gone all day on January 7, 1999 and February 18, 1999, and she has a conflict with the MPO meeting on March 11, 1999. She suggested the January 7, 1999 meeting be held on January 14, 1999 at 1:00 p.m.

Chairman Scarborough directed the County Manager to contact each Commission Office regarding the changes to the Schedule and bring the item back later in the meeting.

REPORT, RE: TRAVEL TO NEW COMMISSIONERS' WORKSHOP

Commissioner Carlson requested approval to travel to attend the new commissioners' workshop.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve travel for Commissioner Carlson to attend the new commissioners' workshop. Motion carried and ordered unanimously.

REPORT, RE: REST STOP ON I-95

Commissioner Voltz advised the State has closed down the rest stop going north on I-95; it has been full of trailers every night; and inquired if the Board wants to do something. She noted the State is ripping up the asphalt and removing facilities; and recommended a letter from the Chairman asking them to stop what they are doing.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct the County Manager to prepare a letter for the Chairman's signature requesting Department of Transportation reconsider closure of the non-facilitated rest area, and maintain the rest area until additional parking can be provided at facilitated rest areas. Motion carried and ordered unanimously.

REPORT, RE: APPOINTMENT TO NATIONAL ESTUARY PROGRAM COMMITTEE

Chairman Scarborough advised he appointed Commissioners Nancy Higgs and Sue Carlson to the National Estuary Program Committee, but had only one appointment to make; and inquired if they had a preference.

Commissioner O'Brien flipped a coin, and Commissioner Higgs was selected as the appointed Commissioner to the National Estuary Program Committee.

RESOLUTION, RE: COMMENDING ROBERT W. HICKS

Commissioner O'Brien read aloud a resolution commending Robert W. Hicks for 30 years of dedicated public service to the construction industry, contractors, citizens and staff of Brevard County.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution commending Robert W. Hicks for his dedicated public service over the past 30 years. Motion carried and ordered unanimously. (See page for Resolution No. 98-304.)

Commissioner O'Brien presented the Resolution to Mr. Hicks, who thanked the Board for the Resolution, and noted it did not seem that long.

RESOLUTION, RE: PROCLAIMING 1999 AS INTERNATIONAL YEAR OF OLDER PERSONS

Commissioner O'Brien read aloud a resolution proclaiming 1999 as the International Year of Older Persons, and recognizing the importance of contributions of older persons.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution proclaiming 1999 as the International Year of Older Persons. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Lottie Lopez, who thanked the Board for the Resolution and advised of the accomplishments of older persons. She presented bumper stickers to the Commissioners.
FINAL PLAT APPROVAL, RE: WATERSIDE SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final plat approval for Waterside Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA PUD, TRACT 12, UNIT 1, PARCELS 1-3, PHASE 3

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final plat approval for Viera PUD, Tract 12, Unit 1, Parcels 1-3, Phase 3, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH JAMES AND MARY LOU WILSON, RE: HOPE LANE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with James and Mary Lou Wilson for construction of a road in an existing County right-of-way to the standards of the Unpaved Road Ordinance No. 97-02. Motion carried and ordered unanimously. (See page for Agreement.)

WAIVER OF SIGN PERMIT FEES, RE: BREVARD ZOO

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to waive sign permit fee for the Brevard Zoo to erect a temporary sign advertising a new temporary exhibit. Motion carried and ordered unanimously.

AUTHORIZE FORECLOSURE OF OUTSTANDING CODE ENFORCEMENT LIEN, RE: 145
PARNELL STREET, MERRITT ISLAND

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize foreclosure of outstanding Code Enforcement lien on property at 145 Parnell Street, Merritt Island, estimated at $4,200. Motion carried and ordered unanimously.

REQUEST TO WAIVE PERMIT, DEVELOPMENT, AND REVIEW FEES, RE: BUILDING
ADDITIONS TO RESURRECTION RANCH MINISTRIES, INC.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to waive all development, review, and permit fees that can legally be waived for a 9,000 square-foot classroom addition, 5,000 square-foot dormitory, and 3,000 square-foot kitchen/dining room addition at Resurrection Ranch located at 5925 Old Dixie Highway in Melbourne. Motion carried and ordered unanimously.

RESOLUTION AND DEED, RE: TRANSFERRING PART OF HOLMAN ROAD TO CITY OF
CAPE CANAVERAL

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution and execute Deed, transferring the southerly extension of Holman Road to the City of Cape Canaveral. Motion carried and ordered unanimously. (See pages
for Resolution No. 98-306 and Deed.)

CONTRACT MODIFICATION #4 WITH RANGER CONSTRUCTION INDUSTRIES, INC.,
RE: DAIRY ROAD SOUTH WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Modification #4 with Ranger Construction Industries, Inc. for Dairy Road South Widening Project, increasing contract amount by $34,519.09 for water main relocation, drainage structure, traffic signal improvements, PVC water connections, curbing, Pond C, and quantity changes. Motion carried and ordered unanimously. (See page for Contract Modification #4.)

APPROVAL OF PRELIMINARY ENGINEERING REPORT, RE: S. WICKHAM ROAD
WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Preliminary Engineering Report for S. Wickham Road Widening Project prepared by Aikenhead & Odom, Inc., and authorize Public Works Department to issue a notice to proceed with Phase II, Final Design, and proceed with title searches and appraisals. Motion carried and ordered unanimously.

WAIVER OF BID REQUIREMENTS AND APPROVAL OF EMERGENCY PURCHASE FROM
APAC-FLORIDA, INC., RE: FURNISH AND INSTALL ASPHALT MATERIALS FOR VA
HOSPITAL ACCESS ROAD

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to waive bid requirements, and authorize emergency purchase from Apac-Florida, Inc. to furnish and install asphalt materials for VA Hospital access road at estimated cost of $56,545.50. Motion carried and ordered unanimously.

RESOLUTION, RE: TRANSFERRING INTEREST IN PORTION OF MALABAR ROAD TO
CITY OF PALM BAY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution transferring all of Brevard County's interest to the City of Palm Bay for a portion of Malabar Road (SR 514) located in Township 28S., Range 37E., Sections 32 and 33, and Township 29S, Range 37E., Sections 4 and 5. Motion carried and ordered unanimously.

RESOLUTION AND DEED, RE: TRANSFERRING INTEREST IN SR 5 TO FLORIDA
DEPARTMENT OF TRANSPORTATION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution and execute Deed transferring interest in SR 5, from Law Street to East Elm Drive, to Florida Department of Transportation. Motion carried and ordered unanimously.

RESOLUTION AND DEED, RE: CONVEYING LANDS AND EASEMENT TO CITY OF
COCOA BEACH FOR IMPROVEMENTS TO COCOA BEACH LIBRARY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution and execute Deed conveying lands for road right-of-way and a sidewalk easement to the City of Cocoa Beach for improvements to Cocoa Beach Public Library. Motion carried and ordered unanimously. (See pages for Resolution No. 98-314 and Deed.)

TEMPORARY CONSTRUCTION EASEMENT TO FLORIDA DEPARTMENT OF
TRANSPORTATION, RE: SR 520 BRIDGE PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Temporary Construction Easement at Stosberg Park to Florida Department of Transportation for sloping, grading, tying in, harmonizing and reconnecting existing features for SR 520 Bridge Project. Motion carried and ordered unanimously. (See page for Easement.)

CHANGE ORDER NO. 1 TO TASK ORDER NO. 53718-97-001 WITH CAMP, DRESSER &
McKEE, INC., RE: STORMWATER STRUCTURE INVENTORY AND MAPPING

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 1 to Task Order No. 53718-97-001 with Camp, Dresser & McKee, for stormwater structure inventory and mapping, to continue the inventory and mapping of remaining stormwater structures at not to exceed $69,840. Motion carried and ordered unanimously. (See page
for Change Order No. 1.)

AMENDMENT TO AGREEMENT WITH MICHELLE L. MARTINDALE, RE: CONVENTION
SALES CONTRACTOR

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendment to Agreement with Michelle L. Martindale, to allow an option to request advance travel expenses to include hotel and meals, and utilize the TDC's travel agency for airfare. Motion carried and ordered unanimously. (See page for Amendment.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE RESCINDING TAX
EXEMPTIONS FOR SELECT COMPANIES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance rescinding tax exemptions for select companies that have not come into compliance with program requirements. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACTS, RE: CAPITAL
IMPROVEMENT PROJECTS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize advertisement and solicitation of bids, award to low responsible bidders, and authorize the Chairman to execute Contracts for Devoe Avenue Paving and Drainage, Clarence Court/Lean Street Paving and Drainage, Tropical Park Fire Hydrants, Burnett Road Sidewalks, and WLC Subdivision Landscaping. Motion carried and ordered unanimously. (See pages
for Contracts.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
ORDINANCE NO. 94-12, SHIP PROGRAM AND AFFORDABLE HOUSING COUNCIL

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance amending Ordinance No. 94-12, SHIP Program and Affordable Housing Council, to address eligible administration funds, statutory references, County Department designations, and miscellaneous technical corrections. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT SELECTION
AND NEGOTIATING COMMITTEES, RE: VENDING SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to advertise request for proposals to provide vending services at selected County recreational facilities; and appoint David Pemberton, Terry Lane, Barry Portnowitz, John Fletcher, and Mike Barnes to the Selection and Negotiating Committees, with an employee from the Purchasing Office to serve as a non-voting representative. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING PARKS AND RECREATION DEPARTMENT RULES, USE
POLICY, AND SCHEDULE OF FEES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution revising Parks and Recreation Department Rules, Use Policy, and Schedule of Fees. Motion carried and ordered unanimously.

RESOLUTION, DEED, AND LEASE AGREEMENT WITH CITY OF TITUSVILLE, RE:
EXCHANGE OF PROPERTY ON SINGLETON AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution, execute Deed, and execute Lease Agreement with City of Titusville for exchange of property on Singleton Avenue, and allow the City to continue utilization of the existing Fire Station until the new fire station is constructed. Motion carried and ordered unanimously.

USE AGREEMENT WITH DARRELL R. LEGG, RE: USE OF GO-KART AREA AT OFF
ROAD VEHICLE PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Use Agreement with Darrell R. Legg to use the Off Road Vehicle Park Go-kart area from January 6, 1999 through January 5, 2000, at $100 per month, to provide family-oriented karting activities. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT SELECTION
AND NEGOTIATING COMMITTEES, RE: MOBILE FOOD CONCESSION AT LORI
WILSON PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to advertise request for proposals for Mobile Food Concession at Lori Wilson Park, and appoint David Pemberton, Kent Hanson, and John Fletcher to the Selection and Negotiating Committees with a Purchasing employee serving as a non-voting representative. Motion carried and ordered unanimously.

AGREEMENTS WITH HOUSING AUTHORITIES OF COCOA AND BREVARD COUNTY, RE:
HUD DRUG ELIMINATION PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreements with Housing Authorities of Cocoa and Brevard County, for a Housing and Urban Development (HUD) Drug Elimination Program from January 1, 1999 through December 31, 1999. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH COMMUNITY SERVICE COUNCIL OF BREVARD,
RE: USE OF WOODY SIMPSON AND COCOA WEST COMMUNITY CENTERS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendment to Agreement with Community Service Council of Brevard for use of Woody Simpson and Cocoa West Community Centers from January 7, 1999 through January 6, 2000. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUESTS AND TEMPORARY LOAN FROM GENERAL
FUND, RE: F.I.N.D. GRANTS FOR MANATEE HAMMOCK FISHING/VIEWING PIER,
LEE WENNER PARK IMPROVEMENTS, AND JORGENSEN'S LANDING

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Budget Change Requests establishing grant budgets for three F.I.N.D. grants for Manatee Hammock Fishing/Viewing Pier, Lee Wenner Park Improvements, and Jorgensen's Landing; and authorize temporary loan from the General Fund until grants are received. Motion carried and ordered unanimously.

APPROVAL OF PARTNERSHIP, RE: EEL PROGRAM STAFF WITH BREVARD
COMMUNITY COLLEGE FOR FLORIDA ADVISORY COUNCIL ENVIRONMENTAL
EDUCATION GRANT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize the EEL Program staff to partner with Brevard Community College on a grant project, offer up to $7,000 of in-kind services toward the grant, and write a letter of support for the Grant Application. Motion carried and ordered unanimously.

AMENDMENT TO OPTION AGREEMENT FOR SALE AND PURCHASE WITH BOARD OF
TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: CORRECT LEGAL
DESCRIPTION OF WAGNER PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendment to Option Agreement for Sale and Purchase with the Board of Trustees of the Internal Improvement Trust Fund to correct the legal description of the Wagner Property purchased under the EEL Program. Motion carried and ordered unanimously.

ACCEPT LAND DONATION FROM BRB ENTERPRISES PARTNERSHIP, RE: MITIGATION
OF LAND ADJACENT TO KABBOORD SANCTUARY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to accept donation of 53.2± acres adjacent to Kabboord Sanctuary from BRB Enterprises Partnership, acquired to satisfy mitigation requirements for loss of wetlands due to development of World Corporate Park in Cape Canaveral, contingent upon proof of marketable title, title insurance policy, boundary survey, and acceptable environmental assessment for hazardous waste. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE FROM SOLE SOURCE, RE: PHYSIO CONTROL LIFE PAK
12'S AND LEAD PATIENT SIMULATOR FROM PHYSIO CONTROL

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to purchase Physio Control Life Park 12's and Lead Patient Simulator from Physio Control to allow consistency throughout the EMS System. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN FROM SOLID WASTE DEPARTMENT TO TRANSIT
SERVICES DEPARTMENT, RE: STATE PUBLIC TRANSIT BLOCK GRANT DRAW

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve temporary loan from Solid Waste Department Fund 4310 to Transit Services Department Fund 4600 to provide local money for a State Public Transit Block Grant draw. Motion carried and ordered unanimously.

RIGHT-OF-WAY AGREEMENTS WITH DEPARTMENT OF THE AIR FORCE, RE: LOCATION
OF WEATHER INSTRUMENTATION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Right-of-way Agreements with Department of the Air Force, authorizing installation of weather monitoring equipment at the South Central Regional Wastewater Treatment Plant and Lori Wilson Park. Motion carried and ordered unanimously.

APPROVAL, RE: VISION AND MISSION STATEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Vision and Mission Statements and the organizational values as requested. Motion carried and ordered unanimously.

APPROVAL OF NOMINEES, RE: APPOINTMENT TO BREVARD CHILDREN'S SERVICES
COUNCIL

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve submitting Reginald Stone, Jean Sharpes, Lisa Rice, Charles Parker, and Gayle Connor to the Governor as nominees for appointment to Children's Services Council of Brevard County. Motion carried and ordered unanimously.

AMENDMENT TO CONTRACT WITH IKON OFFICE SOLUTIONS, RE: COPY MACHINE
RENTALS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendment to Contract with IKON Office Solutions for copy machine rentals, to add a color copier to the Agreement. Motion carried and ordered unanimously.

APPROVAL OF DRAFT CONTRACT AND AUTHORIZE COUNTY MANAGER TO EXECUTE,
RE: CONTRACTS BETWEEN COUNTY FLEET SERVICES AND MUNICIPALITIES
AND/OR NOT-FOR-PROFIT AGENCIES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve draft contract between County Fleet Services and municipalities and/or not-for-profit agencies, and authorize the County Manager to execute the contracts. Motion carried and ordered unanimously.

APPROVAL, RE: FLORIDA CONTRABAND FORFEITURE SEMI-ANNUAL REPORT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the Florida Contraband Forfeiture Semi-annual Report for the period April 1, 1998 through September 30, 1998. Motion carried and ordered unanimously.

ACCEPT, RE: REVENUE MONITORING REPORT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to accept the Revenue Monitoring Report for the quarter ending September 30, 1998. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FINANCIAL AUDIT OF MELBOURNE-TILLMAN WATER
CONTROL DISTRICT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to acknowledge receipt of the Financial Audit of Melbourne-Tillman Water Control District for the year ending September 30, 1998. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF INFORMATION/COMMUNICATIONS
SYSTEMS DEPARTMENT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to acknowledge receipt of the Internal Audit conducted of the Information/Communications Systems Department from July 1, 1996 through June 30, 1997. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to appoint and/or reappoint the following:

Building and Construction Advisory Committee
Ed Fleis, with term expiring December 31, 1999

Citizen Budget Review Committee
Robert A. Klaus, with term expiring December 31, 1999

Code Enforcement Board
Mike Cunningham, with term expiring December 31, 1999

Community Action Agency Advisory Committee
Sandra Nixon Jones, with term expiring December 31, 1999

Community Based Organization Funding Advisory Board
Clara Smith, with term expiring December 31 ,1999

Contractors Licensing Board
John Nast, with term expiring December 31, 1999
John Radencic, with term expiring December 31, 1999

Country Acres Parental Home Advisory Board
Sid LaDow, with term expiring December 31, 1999

Employee Benefits Advisory Committee
Al Yorston, with term expiring December 31, 1999

Extension Advisory Council
Cameron Donaldson, with term expiring December 31, 1999

Historical Commission
Eleanor Downes, with term expiring December 31, 1999
Richard Wallace, with term expiring December 31, 1999
Douglas Hendriksen, with term expiring December 14, 1999
Greg Jones, with term expiring December 14, 1999

Library Board
Martha Russo, with term expiring December 31, 1999

Meadowlane Community Library Board
Elizabeth George, with term expiring December 31, 1999
Gloria Sommer, with term expiring December 31, 1999
Libby White, with term expiring December 31, 1999

Medical Services Review Committee
Mike McCullers, with term expiring December 31, 1999

Palm Bay Regional Park Advisory Committee
Gerianne Riley, with term expiring December 31 ,1999

Parks and Recreation Department South Service Sector Advisory Board
Brian Hurley, with term expiring December 31, 1999

Public Golf Advisory Board
Ginny Mack, with term expiring December 31, 1999

South Mainland Community Center Citizens Advisory Committee
Jeanne Osborne, with term expiring December 31, 1999
Phyllis McCullers, with term expiring December 31, 1999
Jackie Kapp, with term expiring December 31, 1999
Ronnie Beatty, with term expiring December 31 ,1999

South Mainland Library Advisory Board
Jeanne Osborne, with term expiring December 31, 1999
Joan Lewis, with term expiring December 31, 1999
Marie Bergamini, with term expiring December 31, 1999
Yvonne Atha, with term expiring December 31, 1999
Joyce Bent, with term expiring December 31, 1999

Planning and Zoning Board
Katherine Kowalski, with term expiring December 31, 1999
Gerianne Riley, with term expiring December 31, 1999
Julie Harrison, with term expiring December 31, 1999
Peter Kostrzewa, with term expiring December 31, 1999
Jerry Jagrowski, with term expiring December 31, 1999

Zoning Board of Adjustment
Howard Wolf, with term expiring December 31, 1999
Timothy Jelus, with term expiring December 31, 1999

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN MAYFAIR MANOR
LITTLE ESTATES - TRUSHA ENTERPRISES

Chairman Scarborough called for the public hearing to consider a resolution vacating right-of-way in Mayfair Manor Little Estates as petitioned by Trusha Enterprises.

Assistant Public Works Director Ed Washburn advised the petitioner requested withdrawal of the petition and refund of the balance of the fee, as there were objections they could not resolve.

Commissioner Higgs inquired how much is the fee; with Mr. Washburn responding $400. Commissioner Higgs inquired if there is another solution other than full refund; with Commissioner Voltz responding it is not a full refund, but the balance after expenses are paid.

There being no further comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to accept withdrawal of the petition from Trusha Enterprises to vacate a right-of-way in Mayfair Manor Little Estates, and authorize refund of the remaining balance after expenses. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN ST.
ANDREWS ISLES - ALAN AND SUSAN CLARK

Chairman Scarborough called for the public hearing to consider a resolution vacating a public utility easement in St. Andrews Isles, as petitioned by Alan and Susan Clark.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating a public utility easement in St. Andrews Isles, as petitioned by Alan and Susan Clark. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN INDIAN RIVER
GROVES AND GARDENS, AND ACCEPT DEDICATION - HUGH EVANS, JR.

Chairman Scarborough called for the public hearing to consider a resolution vacating rights-of-way in Indian River Groves and Gardens, as petitioned by Hugh Evans, Jr., and accept dedication.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to continue the public hearing to consider a resolution vacating rights-of-way in Indian River Groves and Gardens, as petitioned by Hugh Evans, Jr., and consider accepting dedication, until January 12, 1999. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING FARNSWORTH AVENUE ROAD PAVING
MUNICIPAL SERVICE BENEFIT UNIT (MSBU)

Chairman Scarborough called for the public hearing to consider an ordinance creating Farnsworth Avenue Road Paving MSBU.

Commissioner Higgs advised there are questions regarding the MSBU, and recommended it be continued until the next meeting.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue the public hearing on an ordinance creating Farnsworth Avenue Road Paving MSBU until January 12, 1999. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING JUDY KAY ROAD PAVING MUNICIPAL
SERVICE BENEFIT UNIT (MSBU)

Chairman Scarborough called for the public hearing to consider an ordinance creating Judy Kay Road Paving MSBU.

Commissioner Higgs advised there are questions regarding the MSBU, and recommended it be continued until the next meeting.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue the public hearing on an ordinance creating Judy Kay Road Paving MSBU until January 12, 1999. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE PLACING A TEMPORARY MORATORIUM ON
ISSUANCE OF DEVELOPMENT PERMITS FOR POWER PLANTS

Chairman Scarborough called for the public hearing to consider an ordinance placing temporary moratorium on the issuance of development permits for power plants.

Commissioner Voltz inquired if any Commissioner has a problem doing a moratorium; with Chairman Scarborough responding the Board has in the past taken a motion so people could speak to the action being proposed; and inquired if Commissioner Carlson intends to move for a moratorium; with Commissioner Carlson responding affirmatively. Chairman Scarborough inquired what the County Attorney's opinion is on that procedure; with County Attorney Scott Knox responding it is a public hearing, so the Board needs to wait until after the public comments. Chairman Scarborough inquired if any Commissioner opposes the concept of a moratorium, and heard no objections.

Commissioner Voltz advised the people from Constellation Power offered to pay for an impact study, with Brevard County choosing the engineering firm to do the study, to determine if the power plant is good for Brevard County or if it will pollute, etc. She stated she checked with the County Attorney about that offer, and he said it is not a problem.

Chairman Scarborough advised of previous actions the last time the power plant issue was before the Board; and stated today the discussion is on a moratorium and what requirements can be enacted. He instructed the County Attorney to advise the Board on the effects of a moratorium.

Commissioner Carlson advised of a letter from Attorney Spielvogel, representing Constellation Power, and recommended Mr. Spielvogel speak to it. Chairman Scarborough suggested the County Attorney define moratorium and reasons for moratoriums first. Commissioner Carlson recommended the impact of the letter and how the red flag doctrine applies also be defined.

County Attorney Scott Knox advised the purpose of a moratorium is to put any proposed development on hold until the Board adopts regulations that applicants would have to comply with in order to obtain approval; and in this case it is a power plant. He stated the applicant filed a site plan yesterday under the red flag doctrine; once the Board announces that it intends to adopt a moratorium and future regulations governing the placement of power plants, which it did at the last meeting, anyone who is interested in doing so is on notice that the Board is going to consider that kind of action; and the site plan falls within the future regulations to be adopted by the Board. He stated the application that has been filed for site plan approval will be reviewed under the CUP standards that the Board eventually adopts; and in the meantime, there will be no processing of applications until the Board has CUP regulations in place.

Chairman Scarborough inquired if the Board prefers to have the applicant come forward; with Mr. Knox responding it may be helpful if the applicant made a presentation, but there is no set procedure required.

Attorney Leonard Spielvogel, representing Constellation Power, advised it was not his intention to speak to the issue, but the attitude of his clients is that they have no opposition to a CUP being written, but would have preferred if it was in place while they were doing their due diligence. He stated it is a hardship to do something that in the criminal field would be considered ex post facto. He stated he respects the opinion of the County Attorney; but whether they are vested or not, they would still cooperate in the CUP process because they think it is a good idea and they are satisfied that they can meet the CUP requirements. He stated his letter qualifies it, because there are things that could be imposed by a CUP, such as 1,000 feet away from I-95, when their site is 660 feet away; but he has no reason to think the Board will impose standards that would be conspiratory. He stated he regrets that anything it might impose will not be binding on existing power plants, as it would have provided a level playing field and go far in clearing up pollution that continues to exist in the County. Mr. Spielvogel advised his clients brought a very good proposal to the County; they filed their application because they wanted to

have a site plan before the Board so it would know what they are proposing, what they want to
bring to Brevard County, and where they are going to locate it; they have done a lot of work, as his letter indicates and evidences; and all they are asking is to be treated fairly because what they bring to the County is good not only for the County but for the State of Florida. He stated they bring the opportunity of competition; they will do it in a way that would benefit not only the economy, but also work to bring down pollution levels in the short term; and regardless of what happens today, they will continue their efforts to reach out to the community to show them what they propose and that they should not be frightened by the rumor mongers and those who have an agenda to keep Constellation and firms like Constellation out of the State.

Chairman Scarborough advised there are 55 cards from people who want to speak; and explained the lighting system and procedure for addressing the Board.

Paula Wilson, Sandra Morian, Barbara Biondi, John Morian, C. E. Gillenwater, Mary Folts, Nancy Gwinn, Ed Quillian, Douglas Sphar, Craig Bock, Jere Carrick, Jim Cook, Shirley Lackner, Bob Waters, Fred Hanby, Marlene Waters, Lori Bock, Roger Heinig, Robert Knadel, Helen Steinberg, John Schlie, Shirley Zillig, Mary Lou McCormick, Janice Eide, Tom Berringer, Dona Williams, Richard Jarnagin, Dorothy Beasley, Leroy Wright, Dorothy Simpers, Lenna Russell, Rod McGowen, Gary Williams, Earl Williams, Constance Rodda, Sandy Sanderson, Jim Gill, Kate Gill, Dottie Fine, Merrikay Kluewer, Jerry Hudson, Mike Stallings, Ron Kuewer, Channing Chapman, Ralph Gwinn, Fred Blanton, Ruth Gillenwater, Jane Blanton, Nicki Kisner, Tracy Risley, Joseph Blanchard, Stephen McElroy, Warren Willard, Dorothy Amstadt, Pat School, Norbert and Rosemary Burngasser, Douglas Brothers, Leartis Brothers, Donna Hamilton, Peter Gualtieri, Margaret Bassett, Phillip Schlessmann, and Maureen Rupe, representing themselves, homeowners associations, Florida Power and Light, and SAVE the St. Johns River, opposed the Oleander power plant and tax abatement because of pollution, aesthetics, water usage, oil burning, truck traffic, reduced property values, noise, lights, sale of electricity to other areas and no obligation to serve the residents of Brevard County, fear of cancer, asthma, and other health and lung problems, unsightly smoke stacks affecting tourism, ozone damage, EPA taking control of future economic development for Brevard County, adverse effects outweighing benefits, toxic smoke, setting a precedent for other plants to follow, effects on wildlife, damage to road improvements, negative impact, lack of notification, will not provide enough additional jobs, and no need for a power plant. They requested the Board proceed with the moratorium and notify Department of Environmental Protection of its actions.

The meeting recessed at 10:29 a.m. after Leroy Wright's presentation, and reconvened at 10:43 a.m.

Commissioner Carlson advised of a meeting with Messrs. Wolfinger and Spielvogel where Constellation agreed to: (1) use a Department of Environmental Protection approved computer model to provide a particulate distribution pattern of potential fallout material from the plant; (2) use weather parameters applicable to the periods of time the plant would most likely be in

operation, and provide the Board those parameters; (3) provide data pertaining to property
values in residential areas in close proximity to an existing power plant of the same type envisioned for the Oleander project for a two-year period prior to and after the plant's operation; (4) provide a comparison of the emissions from the Oleander project with those of similarly-sized combined cycle plants; and (5) provide information pertaining to discussions with Florida Gas Transmission on the anticipated availability of natural gas for the plant. She stated the Department of Environmental Protection has permitted the plant for 3,390 hours of operation yearly, which is equivalent to about 137.5 full days or 9 hours per day for a year; and the #2 fuel oil could be burned approximately 2,000 of the allocated 3,390 hours, which is more than 50% of the time. Commissioner Carlson stated she was disappointed with the letter received last night because of the apparent contradiction of intent by Constellation Power regarding valid concerns raised by the public; and by taking action to submit a site plan, Constellation chose to serve its own interest and not the interest of the community. She stated the action only serves to compound initial suspicions and distrust and makes for poor future relationships between Constellation Power and Brevard County. She noted they related their concern about misinformation being spread and unnecessary public suspicions arising from not getting the facts straight, but they had two years to create a full-scale education program to build the public's trust and chose not to do that.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve the moratorium on power plants.

Chairman Scarborough advised staff has to create an ordinance establishing criteria for the CUP during the moratorium; and he does not know of existing Ordinances that meet the test of law, but it would be advantageous for the Board to know its options. Mr. Knox advised they normally look at ordinances adopted in other communities that set similar standards and criteria. Chairman Scarborough inquired if the ordinance can provide that they can put a power plant in Brevard County only if the power will be sold in Brevard County; with Mr. Knox responding no. Chairman Scarborough stated the Board needs a fact sheet of what criteria will meet the test of law. Mr. Knox stated they would put together several versions of proposed criteria for the Board to consider and give it parameters to work with. Chairman Scarborough inquired how long will it take; with Mr. Knox responding there is a time limit; the moratorium ordinance requires a second public hearing to meet the law; and after that, the Board has 120 days to get something adopted.

Commissioner Higgs recommended staff look at how other places are doing conditional use permits within industrial zoning classifications for other industries that may raise similar issues as power plants. She stated the Board could find itself in a similar position with a different kind of use in industrial areas; there may be a whole category of uses that it could anticipate coming up; and if it could get some information on that, it could avoid some problems in the future.

Chairman Scarborough inquired if the level of pollution is an issue that criteria can be based on; agreed with Commissioner Higgs' recommendation; and stated the Board would have less success in the courts if its ordinance was less pervasive. Commissioner Voltz stated the Board

needs to look at industrial zoning classifications, what can potentially go in there, and some of the issues that may potentially arise.

Commissioner O'Brien advised the moratorium now and the standards and criteria for the conditional use process in the future are appropriate actions, otherwise Brevard County could become the county of choice for more power plants that would be detrimental to the quality of life. He stated the process needs to go forward as quickly as possible to get a grip on what may be coming to Brevard County other than the Oleander project. He stated Level 5 polluter is serious; distribution patterns is the kind of pollution information he asked for which was not produced; so he has a tremendous lack of data to make a valid decision on the Oleander application. Commissioner O'Brien advised his office received over 180 phone calls from people in opposition to the plant; they will respond to each of the calls as they get answers to the pollution standards, etc.; and none of the calls were for the plant. He stated Ms. Fine said the scrub jay was endangered; however, the scrub jay is not an endangered species.

Commissioner Carlson advised some people asked about notifying Department of Environmental Protection and other agencies regarding the status of the moratorium; and inquired if that is normal procedure. Assistant County Manager for Community Development Peggy Busacca advised they could do that, as Department of Environmental Protection has contacted staff and staff has been communicating with them for several weeks. She stated Mr. Knox said the ordinance requires two public hearings; but she believes this is the only required public hearing for the moratorium. Mr. Knox stated that is not what his legal research team told him. Ms. Busacca stated they would advertise it for the first meeting in January, 1999.

Commissioner Carlson inquired if the moratorium would start after the second public hearing date; with Chairman Scarborough responding it will run 120 days from that date and give more time to work on the criteria ordinance. He stated he heard a lot of points, but the Board has not had staff come back with things that are legally defendable to put together the criteria; and as that document becomes available, it should be made available to all the interested people, so when it gets to the discussion mode, it is not an educational process. He suggested getting the names and addresses from the public so staff can mail out its report to them and they can make direct contact with staff. County Manager Tom Jenkins advised they would work with the cards. Discussion ensued on the best method for getting the information to the public.

Commissioner Voltz inquired if the Board is interested in selecting the firm to do the impact study which Constellation offered to pay for to get factual information. Commissioner Carlson read part of the letter from Constellation, as follows: "Constellation would agree to reimbursing Brevard County up to $20,000 for the cost of a consultant having expertise in power plants and related concerns such as emissions, noise, vibration, contamination, and need for power, selected solely by Brevard County for the purpose of answering questions from the Commission and the public in evaluating the submittals made and being made by Constellation to the various permitting agencies." Commissioner Voltz inquired if anyone has a problem doing that to get factual information; with Commissioner Higgs responding she wants to get staff's report on how to select and bring back potential candidates in January for that kind of evaluation.

Chairman Scarborough indicated the questions should include, can the Board prohibit any new power plants in Brevard County; can it prohibit anything but gas-burning power plants; and can it prohibit them from being no closer than 20 miles from any residential area. He stated the Board needs to start with fundamental questions, and if it does not, it will fail in its task. He stated if it gets too site specific, it will design something for this plant at this particular location as opposed to dealing with the more pervasive problem of pollution, noise, etc.; so if it is handled as non-site specific and non-industry specific, it will have more definition. Commissioner Voltz stated she was looking at being more site specific and not have generalities; with Chairman Scarborough responding he would prefer to start with the basics.

Commissioner Higgs inquired if the Board will get recommendations from staff on how to select the appropriate firm to do the impact study. Chairman Scarborough stated each Commissioner looks at it differently; the Board is dealing with the basic nature of how Brevard County develops industry; and in the broadest scope, it can find that industry pollutes, makes noise, has truck traffic problems, causes negative impact, and discourages retirees; however, it must look at the whole thing and what it would like Brevard County to look like in 20 or 30 years.

Commissioner Higgs stated the Board will be developing an ordinance to have the ability to evaluate applications for power plants; once that ordinance is developed, then the second question is the application; Constellation will come forward with its application; so there are several points at which interested citizens may want to remain alert.

Commissioner Carlson suggested staff advise the public on the dates and times of the upcoming processes. She stated Commissioner O'Brien mentioned a list of names of people who called in; she has over 200 names logged in; and if information will be sent out, staff needs a complete list from all the Commissioners. Planning and Zoning Manager Mel Scott requested deferring giving tentative dates because it has become more tentative with the second public hearing. He stated they would take the names, compile a list, and do their best to pull citizens into the process who have shown an interest in the issue.

Mike Stallings inquired if someone will notify Department of Environmental Protection to stop its action on the Oleander plant; with Chairman Scarborough responding staff is already in contact with Department of Environmental Protection. Mr. Jenkins advised staff will notify Department of Environmental Protection of the Board's action, but cannot tell it what to do.

Craig Bock requested answers on how the Economic Development Council invited a company into Brevard County when it should be non-polluting industry. He requested to be notified when they need to be at the meetings, and that the meetings be held in the evenings. He stated it is a countywide issue, and they want to know how to involve the entire County.

Chairman Scarborough suggested writing EDC a letter and asking for its position on the issue, but as to involving people, it is not the Board's prerogative to tell people to come or not come to meetings. He stated the key issue is the ordinance that will establish the criteria; and he will ask the County Manager to schedule that for an evening meeting as a single issue. Mr. Bock

complained about the lack of press support, and requested a courtesy notice other than the legal requirement of advertising the hearing, so people will know it is happening. Commissioner Higgs stated an ordinance is advertised and legally noticed; and that is the appropriate step for the County to take.

Commissioner Carlson advised the Board cannot tell Department of Environmental Protection what to do, but it should not stop anyone in the audience from approaching their State Legislators and calling Department of Environmental Protection to let them know their concerns.

Someone from the audience inquired if citizens are against it, can they still put in the power plant; with Chairman Scarborough responding the Board has the authority to place a moratorium and adopt an ordinance to provide additional guidelines and restrictions; and it is incumbent upon the Board to pass something that is legally defendable in court. He stated there were very good questions and issues brought up today; and the public needs to be part of the process.

DISCUSSION, RE: RESPONSES TO VALKARIA AIRPORT FIXED BASE OPERATOR
SERVICES REQUEST FOR PROPOSALS

Steve Caporusso presented a video of planes doing night landings; advised of Cannon Aviation's activities in violation of his Contract and Airport regulations, deficient insurance coverage, helicopters landing near fuel tanks, and fuel sales proceeds; and requested the Board not renew the lease with Cannon Aviation.

Chairman Scarborough recommended staff comment on where the issue is today prior to taking public comments.

Assistant County Manager for Community Development Peggy Busacca advised two proposals were received, one from Cannon Aviation and one from Brevard County Valkaria Airport Management staff; and described the differences in the proposals and the profit that could be realized from fuel sales and tiedowns if the County took over the fixed base operation.

Chairman Scarborough recommended presentation of the video from Mr. Cannon; with Commissioner Higgs responding there has to be a speaker to represent Mr. Cannon. The video compared the proposals; questioned the County's ability to operate the FBO; noted taking business away from private enterprise is wrong; and supported Cannon Aviation. James Daaron was present to represent Cannon Aviation. Chairman Scarborough advised there were comments about the County's ability; and inquired if staff could respond to what the County is capable of providing.

Airport Manager Jim Shimkus advised the proposal they submitted covers self-service for fuel, tiedowns, and retail sales of oil and oil filters, but other things were not included in the proposal. Commissioner Higgs stated Mr. Cannon proposed a mechanic, but there are no personnel committed to the facility other than on Saturdays and Sundays.

Commissioner Carlson inquired if they are supposed to have a business plan, CIP plan, etc.; with Purchasing Manager Joellen Moore responding the RFP asked for a plan of operation, so it could be considered non-responsive. County Manager Tom Jenkins advised an RFP is not a bid, and the Board has the ability to negotiate terms, conditions, or any other factors; but it is non-responsive if certain information was requested and not provided.

Dewey Leidel stated he does not wish to speak but supports Brevard County becoming the FBO.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to not allow Janis Walters, who narrated the video, to speak.

Commissioner Higgs advised the video used Steve Caporusso's time. Chairman Scarborough advised there are not that many speakers, so the Board should be generous and allow everyone to speak.

Chairman Scarborough called for a vote on the motion. Motion did not pass.

Janis Walters, President of Valkaria Neighborhood Association, advised the residents prefer Brevard County provide the service and collect the revenue; the proposal from Cannon was inadequate; and since the County staff has to be there, they should get the revenue.

Jim Ray, Maureen Rupe, Theo Adkins, Bob Varley, Curt Lorenc, and Dan Faden all supported the County taking over the FBO services at Valkaria Airport, and cited alleged violations, unsafe activities, liability, night landings, helicopters landing near fuel tanks, death of employee, no financial statement, no CIP, no business plan, police reports, economic advantage for the County, balance of community and aviation, and inadequate proposal from Cannon Aviation. Mike Cunningham recommended the item be deferred until the Board can bring in an advisor such as Bill Hutto.

Linn Walters, Airport tenant and pilot, advised it is a good issue for the new Advisory Board to consider; and recommended delay of a decision for the Advisory Board to discuss it. He stated the Airport is used by pilots from all Districts; and supported renewal of the lease with Cannon Aviation.

Commissioner Higgs stated she supports the County's proposal; the County has leases with vendors that it puts out for bid at regular intervals; it has put out a bid for the FBO service and received two proposals; and it needs to choose one that would best serve Brevard County citizens. She stated the financial reward for the contract going to the County is $30,000 from fuel sales after the first year and $3,600 for tiedowns; that revenue dwarfs the proposal from Cannon Aviation of $3,000 a year; and Cannon proposed staff two days a week, while the County proposed staff seven days a week.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to award the Valkaria Airport FBO Services Request for Proposal to Brevard County.

Commissioner O'Brien stated he cannot support that; government should never be in the gas station business; the golf course next door is a good example of government getting in the wrong business; and the County lacks expertise, experience, business background, and knowledge. He stated people in District 2 are paying twice for TiCo Airport through special taxation and a manager at Valkaria through the General Fund; pilots would lose a large number of their amenities which the County does not offer nor wants to offer, yet pay the same price; and the annual revenues may be $35,000, but that is not the net income. He stated he reviewed Mr. Cannon's books at the last meeting and it was clear to him as a businessman that Mr. Cannon was lucky to clear $12,000 a year net; the Board is fooling itself if it thinks it will make $35,000 for the people of Brevard County; and County staff is not prepared to make small repairs to airplanes. Commissioner O'Brien advised Mr. Cannon has created Young Eagles Days, Angel Flight Services, and many others; and he has been a part of that community. He stated there is no way the County can operate the FBO; and it is time to issue the contract to Mr. Cannon who has been a friend to the pilots and knows how to fix what is wrong with their airplanes. He stated that is what the customers want; and the customers are people in those airplanes, not the neighbors down the street.

Commissioner Voltz stated for two years she has listened to a lot of garbage; the video was a deception; there was one night flight, but there has not been a night flight in a very long time; and they continue to bring it up over and over again. She stated the County has no experience in running an FBO; it did not allow for the cost of insurance or for staff seven days a week with the $30,000 anticipated revenue; and Mr. Shimkus should never tell anyone that he cannot do something because he is overworked or underpaid. She stated it is a ridiculous statement when the County is going to pay him $25 an hour. Commissioner Voltz stated the County did not allow for maintenance reserve; it will have to fix some things at the Airport; and the revenue will not cover FBO operations or personnel costs. She noted some people are good at making sure lies, innuendoes, and deception are brought forth continuously. She stated Mr. Cannon did not respond to several things in his RFP, and she will not debate that; and she is not saying she supports Mr. Cannon's contract, but she does not support the County being in the business. She stated the death of someone at the airport has been brought up over and over again; and she cannot believe that person is so insensitive to the family of the deceased person and blatantly blames Mr. Cannon. She stated if he is blaming Mr. Cannon, then he should get evidence and bring murder charges because that is how ridiculous it sounds. She stated if there was only one RFP and it was from the County, she would support going out for an RFP again because she will not support the County doing it.

Commissioner Carlson advised from a business perspective, the Cannon proposal is non-responsive to the requirements; and given the history of Cannon Aviation in terms of potential violations, etc. that were brought up and enumerated, she cannot go along with the Cannon Aviation Contract, primarily because of the non-responsive proposal. She stated the County

may not be the best agency for the job, because there are holes in potential services such as 24-hour emergency service and the debt encumbered by taking over the contract were not addressed. She stated she would rather see the County take over for now; and if it does not work out, it could go out again to find someone more responsible and responsive to the needs of the community.

Chairman Scarborough advised Mr. Cannon's video presentation raised some issues dealing with the County's level of service; and inquired if the Board should be cognizant of his comments regarding certain levels of service. He stated his problem is whether the County can evaluate itself and say it is non-responsive; and if someone has a flat tire, could the County put air in the tire. Mr. Shimkus stated Mr. Cannon does not have staff at the Airport except on weekends; the County does not have the equipment, but he can fill a tire; he is not an aircraft mechanic; however, it would be possible to contract for those services on a permanent or on-call basis. Commissioner O'Brien stated they will be charged for getting air in their tires if contracted out, and they would have to wait for someone to come to put the air in the tires. Mr. Shimkus stated self-service air could be installed. Commissioner O'Brien stated that is another capital improvement the County would have to pay for and maintain. Mr. Shimkus stated there are a number of options where the maintenance requirements could be met; and there are mechanics in the local area who may want to provide those services. Chairman Scarborough inquired if someone independent prepared the RFP would the County sound as responsive; with Mr. Jenkins responding there was a separation; Ms. Busacca prepared the RFP with the County Attorney's office, and Mr. Shimkus and he responded to it. Chairman Scarborough inquired to what extent has staff asked an outside entity, such as Bill Hutto at TiCo Airport, to look at the whole process; with Commissioner Higgs responding staff talked to Mr. Hutto and other people about whether or not to have them evaluate the proposals to assist the County; and given the level of controversy, they declined. Chairman Scarborough inquired if the issues raised in Mr. Cannon's video are things that should have been included in the RFP; with Commissioner Higgs responding Cannon Aviation has personnel out there two days a week; the County covers the airport seven days a week and will have additional hours because of the revenue coming from the sale of gasoline; so Cannon Aviation is not providing services every day.

Commissioner O'Brien inquired if personnel is needed every day; with Commissioner Higgs responding the revenue will pay for services, personnel, and improvements needed at the airport; very little General Fund revenue has gone to the airport, although some services have been provided; it is self-sustaining from the rent being paid to it; so there is no general revenue allocation.

Commissioner Voltz inquired if personnel at the airport seven days a week was included in the cost for the RFP; with Mr. Shimkus responding the personnel are there seven days a week based on the current airport budget. Mr. Jenkins stated there would be some expansion of the hours. Mr. Shimkus stated if the hours are expanded beyond the normal business hours, the additional revenue from the gas sales would pay for those additional hours. Mr. Jenkins stated the County is already incurring those expenses; except for the expansion of hours, there would be no additional cost than what is already being expended; and the excess funds would be used

to offset the cost of additional staff hours. Commissioner Voltz stated if the excess revenues are not generated, where will the money come from. She stated when the Board had discussions before, somebody said they were using General Funds; now Commissioner Higgs is saying no; and inquired what is the truth and who is paying for it. She inquired if it is just money that comes from the airport; with Mr. Shimkus responding yes, the current airport budget only has revenues from its sources; and there are no General Fund revenues identified in the current budget. Commissioner Voltz recommended rejecting all proposals and looking at a different avenue.

Commissioner Carlson advised Mr. Cannon's proposal says, "It is anticipated that little or no real profit will be made over the term of the lease in view of the debt service to Mr. Cannon." She inquired what is the status of that debt; with Commissioner Higgs responding it is a personal debt. Mr. Jenkins stated it is not a County debt; and if there is a debt, it would be Mr. Cannon's for current or future expenditures he planned on making.

Commissioner Voltz inquired what is the County's liability and what is it if someone else does it; with Mr. Knox responding as a County it has the same liabilities it always had which are tort liability for negligence which is limited to $100,000 per occurrence and $200,000 for the total event. He stated those are operational things the County faces every day in every Department. Commissioner Voltz inquired if the County has the same liability if Mr. Cannon operates the FBO; with Mr. Knox responding if Mr. Cannon operates the FBO, he has the responsibilities under his contract, and the County does not face those same issues of tort liability and civil rights unless it is involved in the day-to-day operations. He stated it is a different situation if the County takes it over. Commissioner Voltz inquired if the County's liability is greater if it takes it over; with Mr. Knox responding the potential for liability is greater.

Chairman Scarborough inquired to what extent are the items that Mr. Cannon brought up essential functions of an FBO. He stated the Board needs to know what functions need to be at any given airport, if they are critical to the extent that the County will need to provide for them, and what options would be considered by the Board in meeting those. He inquired if the RFP was a good RFP dealing with what an FBO needs; and recommended Mr. Cannon's comments on what an RFP should include for an FBO be reviewed by someone like Bill Hutto.

Commissioner Higgs advised one of the critical things of a small airport is the Unicom; for a Unicom to operate and people to communicate, they have to have staff there; and for people to be there, they have to be paid. She stated the County's proposal covers far more personnel than does the proposal from Cannon Aviation; the Unicom function is critical for pilots to operate safely; so what makes an airport run safely is covered by the County's proposal, as it will have personnel to operate the Unicom.

Commissioner Voltz inquired if new people would be hired to work at the airport; with Mr. Shimkus responding he has two temporaries on staff, and depending on their availability, they would be able to extend; and if not, they would need more people to get the coverage that they are looking for. Commissioner Voltz inquired if they would need training or already know what is going on; with Mr. Shimkus responding they would need training to operate the Unicom. He

stated as for operating the FBO, they propose self-service gasoline, and the tiedowns would be providing chocks with ropes and a contract. He stated it has nothing to do with providing assistance with parking; pilots are able to do that themselves; and the sale of oil and oil filters as a convenience is more for transients who may need it than for the people who are based there. Commissioner Voltz inquired if that is all the County is going to do, why would they need somebody there seven days a week; with Mr. Shimkus responding there are people at the airport seven days a week now to operate and manage the airport; and it is primarily to operate the Unicom.

Chairman Scarborough called for a vote on the motion. Motion did not carry; Commissioners Higgs and Carlson voted aye; and Commissioners O'Brien, Voltz and Scarborough voted nay.

Commissioner Higgs inquired what does the Board want to do; with Chairman Scarborough responding he wants to get comments from Bill Hutto. Ms. Busacca advised she asked Mr. Hutto to review the RFP before it was sent out, and he felt it was adequate. She stated she can do that again, but the level of service at each airport is different. Chairman Scarborough stated he wants time to talk to Mr. Hutto.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to continue discussion on the responses to the Request For Proposal for an FBO at Valkaria Airport until January 19, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize an amendment to the Lease Agreement with Cannon Aviation, extending the current term for 30 days. Motion carried and ordered unanimously. (See page for Amendment.)

Chairman Scarborough instructed Ms. Busacca to listen to Mr. Cannon's comments and type it out for all the Board members to review.

The meeting recessed at 1:21 p.m. and reconvened at 2:05 p.m.

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING NORTH MERRITT ISLAND
DEPENDENT SPECIAL DISTRICT AND ADVISORY BOARD

Chairman Scarborough called for the public hearing to consider an ordinance establishing the North Merritt Island Dependent Special District and Advisory Board.

Chairman Scarborough advised William Huminski supports the ordinance, but recommends seven members for better representation.

Darlene Hunt advised 79% of the residents surveyed supported the special district; 75% of the voters supported the ballot; it would be easier to have a quorum and better cross section with seven members; and they are not paid, so there would be no effect on the cost.

Commissioner O'Brien recommended the County Manager work with the Supervisor of Elections to hold a special election at the Moose Club, and to bring it back in January so there will be time to campaign. He stated the cost of the election would be $3,000. He stated reference to the governing board should be advisory board.

County Attorney Scott Knox advised the jurisdiction is limited to zoning items unless the Board sends a specific item to the advisory board for review. Commissioner O'Brien inquired if a provision could be added stating that the advisory board will not place any item on its agenda that is not related to zoning to replace Section 5(3). Commissioner Higgs inquired if Commissioner O'Brien does not want the Board to send anything to the advisory board; with Commissioner O'Brien responding only zoning items. Assistant County Manager for Community Development Peggy Busacca recommended Comprehensive Plan amendments be included.

Commissioner O'Brien recommended increasing the number of members to seven, replacing governing board with advisory board, and removing Section 5(3) and replacing it with "Advisory Board shall not place on its agenda or discuss any other topic not relating to rezoning requests or Comprehensive Plan amendments." Ms. Hunt stated if the Board wanted the advisory board to look into something, it would not be allowed to do that; and it would cut out one of its resources. Commissioner O'Brien stated it has to have limits, and that is rezoning issues, but future boards may decide differently.

Commissioner Voltz advised the ordinance says two candidates who receive the fewest votes will serve two years, and at the conclusion of the two years, a new election will be held for three candidates; with Ms. Busacca responding the first election will have five people; the two with the lowest number of votes will serve two years, and the three top vote getters will serve four years.

Chairman Scarborough inquired about sunset provisions; with Ms. Busacca responding it was two years, but has been extended to five years.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Ordinance creating the North Merritt Island Dependent Special District; providing for purpose, establishment, dissolution, membership and organization of the District; providing for powers, functions and duties; providing for compliance with open government laws; providing for elections; providing for removal and replacement of elected representatives; providing for financing and budgeting; and providing for area embraced, severability, and effective date, as amended to provide for seven members, three to serve two years and four to serve four years, replace Section 5(3) stating the advisory board shall not place upon its agenda or have public discussion relating to any item or topic except rezoning or site-specific Comprehensive Plan amendments, and provide the same sunset provisions as the

Port St. John Dependent Special District. Motion carried and ordered unanimously. (See page for Ordinance No. 98-64.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22, SECTION 22-48,
REQUIRING WORKING DRAINAGE SYSTEM BEFORE ISSUANCE OF CERTIFICATE
OF OCCUPANCY

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 22, Section 22-48, requiring working drainage system before issuance of certificate of occupancy.

Code Compliance Director Bill Osborne advised the amendment more clearly defines and identifies that surface water runoff and replacement of fill material shall not adversely affect the surrounding properties by requiring surface water from normal rainfall events be retained on site without draining on adjacent properties, or follow a legal positive outfall to a dedicated drainage easement. He stated the plan would have to be approved by the Public Works Department, and the Chief Building Official would withhold the certificate of occupancy until the plan is approved.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Ordinance amending Chapter 22, Buildings and Building Regulations, Article II, Technical Codes, Division 1, Generally; specifically amending Section 22-48, Floor Elevation, to be above grade of adjacent thoroughfare; requiring working drainage system before issuance of certificate of occupancy; authorizing building official to hold certificate of occupancy until drainage system is operational; requiring property owner to maintain adequate drainage system after issuance of certificate of occupancy; providing applicability in unincorporated areas; providing interpretation of conflicting provisions; providing severability; and providing an effective date.

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

Commissioner O'Brien inquired if the elevation was changed from 12 to 14 inches down to ten inches three years ago; with Mr. Osborne responding not that he is aware of; and it has always been ten inches from the crown of the road.

Commissioner Higgs inquired what would be the effect of using stemwall construction on a site that will take a lot of fill. She stated it could keep from having some of the problems with drainage onto adjacent lots if a different method of construction was used. A staff member advised the effect of using stemwall construction would tend to reduce the amount of fill that is required on a lot; the slab-on-grade method of construction or monolithic footer requires significantly more fill with sloping associated with it; and that can contribute to some of the drainage problems on lots and adjacent properties.

County Manager Tom Jenkins advised it would avoid a situation where somebody would fill their lot to be 24 inches above the water table to come into compliance. He stated one of the problems staff is getting frequently is an older house next to a new house; the new house is built 24 inches above the road; and in order to have a septic tank system put in, they fill the entire lot, which results in the house next door being considerably below where the new house is, and creates significant problems. He stated the Board is trying to come up with an engineering solution for drainage, but it is difficult and creates some unusual types of swales and banks; so using stemwall would require the house pad to be up but the yard would stay at its natural elevation, and a lot of the existing vegetation could remain because they would not have to fill the entire lot. Chairman Scarborough stated Item VI.E.4 deals with the same issue; with Mr. Jenkins responding the people had to leave but left pictures of their house; and it is the same subject with a next door neighbor building a new house. Commissioner Higgs distributed drawings to illustrate stemwall construction.

Chairman Scarborough stated the ordinance accomplishes what the Board wants to say in words, but it can create difficulties; and inquired how to handle it. He noted it can present engineering problems for the builder; and the use of stemwall could eliminate the problem. He stated the stemwall limits it to the pad and not the whole yard.

Commissioner Voltz inquired if it should be considered as another ordinance or can it be addressed in this ordinance; with Mr. Knox responding he thinks the Board could, but would have to check something first. Mr. Jenkins advised the Board could put some constraints in place so adjoining lots could not be so many inches higher than the lots they are next to.

Chairman Scarborough advised the Board passed the ordinance; and all it needs to do is back up and reconsider continuing the public hearing so staff could integrate some of Commissioner Higgs' thoughts. He inquired if that would be preferable to coming back with something new; with Mr. Jenkins responding staff would probably prefer to re-advertise it because the change would be significant. Chairman Scarborough stated if staff is going to re-advertise, there is no rush for the County Attorney to give the Board an opinion. Mr. Knox stated the title is probably broad enough to encompass what the Board is trying to do, but the problem is drafting the language to cover it.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to advertise and bring back a change to the Board for the first meeting in February, 1999, that would address the stemwall method of solving the problem. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING 1998B COMPREHENSIVE PLAN
AMENDMENTS

Chairman Scarborough called for the public hearing to consider an ordinance adopting the 1998B Comprehensive Plan Amendments. He advised that a letter was received from The
Partnership requesting the Board not adopt the Comprehensive Plan Amendment 1998B, Surface Water Management Element, Potable Water Element, 98B.2, and Capital Improvements Element.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Ordinance amending Article III, Chapter 62 of the Brevard County Land Development Regulations, entitled "Comprehensive Plan," setting forth Plan Amendment 1998B of the Comprehensive Plan; amending Section 62-501 entitled, Contents of the Plan; specifically amending the Surface Water Management Element, Recreation and Open Space Element, Historic Preservation Element, Housing Element, Sanitary Sewer Element, Potable Water Element, Solid Waste and Hazardous Materials Element, Future Land Use Element, Capital Improvements Element, and Intergovernmental Coordination Element, and the data, inventory and analysis portions of the Comprehensive Plan, and provisions which require amendment to maintain internal consistency with the amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 98-66.)

PUBLIC HEARING, RE: TRANSFER OF TCI BAREFOOT BAY/SNUG HARBOR
NON-EXCLUSIVE CABLE SYSTEM FRANCHISE TO AT&T

Chairman Scarborough called for the public hearing to consider a resolution agreeing to the transfer of the non-exclusive Barefoot Bay/Snug Harbor Cable System franchise from TCI to AT&T.

Staff Specialist Sharon Luba advised TCI and TWC announced their intentions to exchange certain cable television systems which will come to the Board in January, 1999; TCI and AT&T merged, with AT&T becoming the parent company of TCI; and today is the transfer from TCI to AT&T only. She stated they are all technically and financially qualified.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution consenting to the transfer of Barefoot Bay/Snug Harbor Non-exclusive Cable System franchise from TCI to AT&T. Motion carried and ordered unanimously. (See page for Resolution No. 98-315.)

SPEED HUMP REQUEST, RE: OLD SETTLEMENT ROAD

Commissioner Voltz advised there is something later on the Agenda that needs further investigation, so the Board may want to put this item off. She noted one or two vehicles exceeding the speed limit does not tell her much.

Commissioner O'Brien advised there are 13 lots on the road; the speed limit is 15 m.p.h.; the road dead-ends, so the speeders must be neighbors.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to deny speed hump request for Old Settlement Road. Motion carried and ordered unanimously.

RESOLUTION, RE: CONSIDER TAX EXEMPTION APPLICATION OF MET-CON, INC.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution considering a tax exemption application from Met-Con, Inc. and requesting EDC and the Property Appraiser to provide recommendations. Motion carried and ordered unanimously. (See page for Resolution No. 98-312.)

FINAL PLAT APPROVAL, RE: PLANTATION SUBDIVISION

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

RESOLUTION, BILL OF SALE AND EASEMENT, RE: WATERLINE TO WEST MELBOURNE
PUBLIC LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution authorizing the transfer of an easement interest in County property, and execute Bill of Sale and Easement to the City of West Melbourne for property in Section 7, Township 28S., Range 37E., to install a water line to West Melbourne Public Library. Motion carried and ordered unanimously. (See pages for Resolution No. 98-313, Bill of Sale, and Easement.)

FLORIDA POWER & LIGHT EASEMENT, RE: SOUTH MAINLAND COMMUNITY CENTER

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Easement in favor of Florida Power & Light Company for ten feet of property owned by the County in Section 23, Township 30S., Range 38E., Lot 1, Micco, for service to South Mainland Community Center. Motion carried and ordered unanimously. (See page for Easement.)

AUTHORIZE INJUNCTION AGAINST ERNESTINE S. CRANDALL, RE: CODE VIOLATION

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Attorney's Office to file a petition for injunctive relief requiring Ernestine S. Crandall to cease and desist repairing automobiles and openly storing in-operable vehicles, vehicle parts, and other litter contrary to Brevard County Codes. Motion carried and ordered unanimously.

ALLOCATION TO CITY OF PALM BAY, RE: FLORIDA BOATING IMPROVEMENT FUNDS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Budget Change Request allocating $50,000 from the Florida Boating Improvement Funds to the City of Palm Bay for improvements to the boat ramp and construction of a parking area at Goode Park; and authorize the Chairman to sign an Interlocal Agreement with the City of Palm Bay, subject to approval by the County Attorney and Risk Management. Motion carried and ordered unanimously. (See pages for Budget Change Request and Agreement.)

Commissioner O'Brien advised there are $188,000 of unallocated funds available for other projects; and recommended using it for marking channels in the Banana River, from SR 528 to the Pineda Causeway. He stated there are no markers between SR 528 and SR 520, and very few markers from SR 520 to Pineda Causeway, and it is a safety problem. Commissioner Voltz inquired if that is the County's responsibility; with Commissioner O'Brien responding it is FIND's or the County's responsibility. Commissioner Voltz inquired who normally does it; with Parks and Recreation Director Charles Nelson responding outside of the intercoastal waterway they are considered private aids to navigation even though governmental agencies have become involved. He stated the County did some installation of channel markers about six years ago. Commissioner Voltz requested a report on what it will cost and how many would be needed, etc.

Chairman Scarborough advised $188,000 is a lot of money; it should be a separate Agenda item; and the Board needs to know the full scope, what segments need it most, and if there are other projects that should be considered in other Districts. Commissioner Voltz inquired if there is a project priority list for the Boating Improvements Fund; with Mr. Nelson responding they have two projects currently outstanding; the $188,000 will not do all of it; but based on permitting and timing, they will get another allocation during the course of next year, and can then look at where they are with that program. He stated they have also received requests from cities, most recently from Satellite Beach; and the Board needs to keep that in mind because the cities cannot get money from the State and must go through the County. County Manager Tom Jenkins advised there would be $133,000 left after taking $50,000 for the Goode Park project.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct staff to return with a report on what the projects are and the cost of the projects for use of Florida Boating Improvement Funds.

Commissioner O'Brien advised channel markers are not only for District 2 as it goes all the way to Pineda Causeway; it is a safety concern; and it will not cost $188,000. Mr. Nelson advised it is timely, as they will be able to look at FIND funding also because that process comes up after the first of the year, and they can use those funds for match and double the funding.

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

AWARD OF PROPOSAL #P-3-9-03 AND CONTRACT, RE: SECURITY SERVICES FOR
GOVERNMENT COMPLEXES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to award Proposal #P-3-9-03, Security Services for Government Complexes, to Wells Fargo to provide security at the Brevard County Government Center, Harry T. and Harriette V. Moore Justice Center, Melbourne Courthouse, Titusville Courthouse, and Brevard Government Complex North; and authorize the Chairman to execute a Contract with Wells Fargo. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-9-06 AND AGREEMENT, RE: CLAIMS ADMINISTRATION
SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to award Proposal #P-1-9-06, Claims Administration Services, to Palmer & Cay at estimated cost of $130,160 for the first year of a three-year agreement; and authorize the Chairman to execute an Agreement with Palmer & Cay for the services. Motion carried and ordered unanimously. (See page
for Agreement.)

ACKNOWLEDGE RECEIPT, RE: CAPITAL IMPROVEMENTS PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to acknowledge receipt of the Capital Improvements Program for Fiscal Year 1998-99 through Fiscal Year 2002-03. Motion carried and ordered unanimously.

APPROVAL OF RESTRICTIVE COVENANT FOR DEPARTMENT OF ELDER AFFAIRS,
RE: EXPANSION OF NORTH BREVARD SENIOR CENTER

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Chairman to execute a Restrictive Covenant for the Department of Elder Affairs, for $40,000 to be used for the expansion of North Brevard Senior Center. Motion carried and ordered unanimously. (See page for Restrictive Covenant.)

PERSONAL APPEARANCE - TIMOTHY VEE, RE: ENFORCEMENT OF BICYCLE
HELMET LAW

Timothy Vee advised there are a lot of statistics on safety and how many people are injured and not injured; however, this is an issue of protecting children and not concerns about the County, police departments, or government responsibilities. He stated he received hundreds of letters about helmets being an important issue and some who wish not to be told what to do; however, Brevard County is the only county not applying the State law. He stated it has not been looked at since 1996; children under 16 should be required to wear helmets; and requested the Board make it mandatory and apply the State law.

Commissioner Higgs stated she has supported the helmet law and talked to Mr. Vee about it; she wears a helmet; and she supports Brevard County being a part of the State law.

Commissioner Carlson advised she supports it as additional support for parents; it is their responsibility to put helmets in the hands of children; and parents who cannot afford helmets can get them free through Barbara Meyer, so it is not a good excuse not to have a law.

Commissioner Voltz stated it is not government's responsibility to tell parents what to do; and it is the parents' responsibility to ensure their children have helmets when riding bicycles. She stated she supports children wearing helmets, but government should not take that responsibility away from parents.

Commissioner O'Brien stated he cannot support changing the Ordinance; 1,500 children died in swimming pools, and there is no law requiring children to wear life jackets in pools; there are head injuries from traffic accidents and no helmets are required in cars; and no matter what statistics are read, bicycle accidents are at the bottom of the list. He stated of the 7 people who had bicycle accidents and died, only one was under 16 years of age; and he was hit by a car, and did not die from head injuries. He stated the law should be a good law and not warm and fuzzy; it should be for all age groups; and the State law puts helmets on the wrong group of people. Commissioner O'Brien advised he does not need a law to tell his children to wear helmets; and inquired why the School Board has not passed policy requiring every child who rides a bike to school to wear a helmet.

Commissioner Carlson advised the issue is protecting lives; people are required to wear seatbelts or be fined; it is the parents' duty to make sure children have helmets; but head trauma is a cost to society. She stated she will support measures that will protect children, and the helmet law is a good start.

Commissioner Voltz stated statistics show some accidents where children had helmets that did not do any good; skateboards and skates are more dangerous than bikes; and parents have to decide if their children's lives are important. She advised of an incident where a six-year old child was confronted by a police officer because he did not have a helmet; the child was petrified; and she had to call the police chief to inform him that Brevard County did not have a helmet law. She stated that is not the kind of relationship that should be fostered between young people and police officers; police have enough to worry about instead of stopping children about helmets; and it will set a bad precedent because it is a bad law. She stated she supports

children and adults wearing helmets, but the government should not take away parental responsibilities.

Commissioner Higgs read a brochure put out by Florida Department of Transportation about the dangers of bike riding; and stated based on that, she will support enforcing the State law.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct the County Attorney to draft an ordinance repealing Ordinance 97-09, to allow Brevard County to enforce the State helmet law.

Commissioner O'Brien read numerous statistics about bicycle accidents, fire and burn injuries, drownings, homicides, pedestrian injuries, and motor vehicle accidents in Brevard, Dade, Duval, and Hillsborough Counties according to the National Safety Council. He stated most brain injuries were suffered by adults and not children under 16, but the law does not cover adults, roller blades, or skateboards; and recommended the Board look into all the data available. Commissioner Voltz stated she received one phone call about the helmet law and it was not to support it.

Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough, Higgs and Carlson voted aye; and Commissioners O'Brien and Voltz voted nay.

Chairman Scarborough instructed staff to bring it back in January, 1999.

PERSONAL APPEARANCE - ROGER DYKES, RE: RELEASE FROM PUBLIC DEFENDER
JUDGMENT

Roger Dykes, representing Deborah Dykes-Howe, owner of the property, stated the mortgage goes back to 1962, and has been the subject of a mortgage foreclosure; his daughter got ownership; and the lien is a summary judgment in favor of the County from the Public Defender in 1987. He stated the lien on the mortgage is prior to the County's lien, so the County's lien is inferior; and requested release of the lien to save the expense to the property owner.

Commissioner O'Brien stated there has been no offer to pay the County $250 to absolve the lien. Mr. Dykes stated the lien was against the predecessor of the title; the original owner was one of 13 children, had four children and passed away; so that made 17 heirs.

Chairman Scarborough advised Mr. Dykes daughter bought the mortgage from an heir who had a lien from the Public Defender; and this effort is to clear the title. He stated the County has no interest in terms of value; it is not a satisfaction of the lien, just release of the County's interest;

and the judgment still remains. Chairman Scarborough stated the County could re-file the lien; with Commissioner O'Brien inquiring who will pay the cost to re-file. Chairman Scarborough stated it is a title search issue because someone did not see the lien when doing the title search. Mr. Dykes advised his client paid the taxes. Chairman Scarborough stated this is not a property issue, it is related to title search, and the $250 judgment can remain through re-foreclosure.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Release of Judgment Lien against Johnny Reddick, Jr. for Deborah Dykes-Howe, new owner of the real property in West Cocoa, in the amount of $250. Motion carried and ordered; Commissioners Scarborough, Carlson and Voltz voted aye; and Commissioners O'Brien and Higgs voted nay.

PERSONAL APPEARANCE - BEN GRAHAM, BAREFOOT BAY AREA INDUSTRIAL AND
RESIDENTIAL COMMITTEE, RE: CODE AMENDMENT PROVIDING FOR SAFETY
REQUIREMENTS FOR NEW OWNERSHIP OF EXISTING BUSINESSES

Ben Graham advised a grocery store went out of business in 1988; Cumberland Farms bought the property, tore down the store, and built gas islands and parking spaces; and service and supply trucks are causing problems by blocking the view of cars heading south and parking between no parking signs. He recommended Sections 62-3206 and 3202(c)(a) be updated because they are concerned about it happening on the northwest corner of Barefoot Bay Boulevard and U.S. 1.

Richard Higgins advised because of the lack of loading and unloading facilities, vendors are parking on Micco Road and in gas lanes; there are undeveloped parcels on U.S. 1 and Barefoot Bay Boulevard; and they would like to prevent the Cumberland Farms situation on those parcels. He stated Barefoot Bay Boulevard is the principal access for the 9,000 people who live on 1,100 acres in Barefoot Bay; and they would like to see Section 62-3202(c)(a) requiring ingress and egress have safe traffic controls and Section 62-3206 modified to the extent that existing structures would be required to undergo site plan review when the use or ownership changes, and be required to adhere to the new Codes. He stated many Codes adopted to protect them need updating; and the Codes need to be brought into the information age for the safety of all Brevard County residents.

Commissioner Higgs advised the Board has talked about existing structures as they change uses; and recommended staff update the Board on what it can do to help and about significant changes to the Code for side-loading facilities. Commissioner Voltz advised she brought the issue up in the past when property was turned into a sod farm; and it is an ongoing problem that the Board needs to address. Commissioner Carlson stated the entire Land Development Code should be upgraded, as there may be areas that need to be addressed for other issues. Assistant County Manager Peggy Busacca advised staff will identify areas that need tweaking and come back to the Board with a report.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to return to the Board with a report on what it can do to help eliminate the problems when existing structures change uses, provide for side loading facilities, and consider re-addressing changes in use even though they are in the same zoning classification. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MAUREEN RUPE, PORT ST. JOHN HOMEOWNERS
ASSOCIATION SAFETY COMMITTEE, RE: SPEED HUMP CRITERIA AND TRAFFIC
CALMING

Maureen Rupe, representing the Port St. John Homeowners Association Safety Committee, advised speed is the biggest issue in Port St. John; speed humps are a band-aid solution; and there are at least 20 other solutions, some costly, some could be implemented immediately, and some would take some planning. She stated the Committee suggested long-term planning for residential streets, not just main roads, and wants a countywide advisory board; and they want Port St. John to be the test area for the long-term planning effort to provide traffic control.

Dick Thompson stated traffic calming should be done through the land development process; re-routing traffic will be difficult in most areas; curbs and gutters will have problems; so it should be done in the planning stage.

Chairman Scarborough inquired how many applications were received for speed humps in Port St. John; with Mr. Thompson responding approximately 23. Chairman Scarborough stated there is no systematic layout of speed humps and they are scattered with no planning; so the Board needs to look at how it wants traffic to move. He passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to set up a meeting in the Port St. John Library with the Study Committee and applicants for speed humps, and come back with a report on the findings as to how the overall planning and individual issues can come together.

Commissioner Carlson advised the problem is not only in Port St. John, and should be addressed throughout the County; she is not a supporter of speed humps, but there are multi-faceted developments with tractor trailers and big equipment going through the development from the beginning into Phase 4; a speed hump is a bandaid approach; but once staff brings it back to the Board, maybe it could be included in the Land Development Regulations.

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

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

PUBLIC COMMENTS - SARA AYRES, RE: DECLARING HER HOME A DISASTER AREA
IN ORDER TO RECEIVE FEDERAL FUNDS

Sara Ayres advised they took asbestos and put it over her sister in public housing and damaged her a great deal; and they pulled it in containment suits and did not bother to tell the people what they were pulling or how dangerous it was. She stated asbestos can be quite nasty; her sister suffered severe damage; and there was no way for her to stop it even though she tried. She stated some County Commissioners tried, but did not have any pull with public housing; and inquired if the County gives public housing any money; with County Manager Tom Jenkins responding the Housing Authority is independent of County government and receives federal and State money, but no money from the County. Ms. Ayres stated she was told differently by the representative. She stated she is trying to get her sister declared a disaster victim so she can get a better and more decent place to live; they are still in litigation over the property; it has been about three years; and there was an arson fire.

Chairman Scarborough advised Ms. Ayres' request is if the Board can help declare the home a disaster area in order to receive federal funds. Ms. Ayres stated she is trying to get federal funds to get her sister another place to live. She stated she has to go back to court; it was one of the worst court cases she has ever seen; they had to ask one judge to leave the case for prejudice; he broke many laws; and it should never have gone on. She stated there was no cause of action which is needed to sue someone; there was no legal contract; they skipped three jury trials; and they came to a final judgment. Chairman Scarborough advised the Board cannot intervene in the courts, but it can ask staff to look into seeing if the area merits federal funds. Ms. Ayres stated they know it was arson but have not charged the people; it was more than one person who participated in the mashing and killing of the pets; they threw toxins on the house; there was looting; and if they go forward against the arsonists, they have to go to court and give testimony against them. Chairman Scarborough stated staff will look into what the County can do. Mr. Jenkins advised Mr. Lusk would take care of that.

Ms. Ayres stated she has pictures of the containment suit; other people were hurt; the symptoms are vague; and they would need special x-rays to know what happened.

PUBLIC COMMENTS - MIKE CUNNINGHAM, RE: ADVANCED AGENDA

Mike Cunningham, President of Micco Homeowners Association, advised when he received his Advanced Agenda, there was a note from the Clerk's Office that it would discontinue the hard copy notifications; and he received several phone calls from people who do not have access to the Internet and had other reasons that would work a hardship on them, such as infirmed and disabled. He stated the Planning and Zoning Board tried it and worked out several ramifications; they came up with the idea of being given 12 stamped pre-addressed envelops; and that did not work well. He requested the staff work with the Clerk's Office and rectify the issue.

Deputy Clerk to the Board Berni Talbert advised that Sandy Crawford, Clerk of the Circuit and County Courts, directed the notice be sent to people to use the Internet, and he stated if anyone is infirmed, cannot leave home, or has a good reason, his Office would continue to mail advanced agendas to them.

Mr. Cunningham stated he does not have a problem, but there are people in the community who do not have access to the Internet, so he will contact the Clerk's Office.

PUBLIC COMMENTS - MIKE CUNNINGHAM, RE: REST AREA ON I-95

Mike Cunningham, President of Micco Homeowners Association, advised at the MPO meeting he addressed the issue of no facility rest stops on I-95, specifically the two just south of the Government Center; and on any day that is not windy, the odor is enough to knock one over because of the misuse of the area due to no facilities. He stated those rest areas are being used for illicit sex and prostitution according to radio transmissions. Mr. Cunningham advised Florida Department of Transportation's parameter is 75 miles between rest areas; Vero Beach has rest areas on both sides of I-95; the next ones up are the two in Grant and one in Mims; and they all fall within the 75-mile parameter. He stated there is a need for truck parking at night, but rest areas without facilities are becoming a community problem; and if the County could enforce laws to solve the existing problems, then he would not be against it; but as it stands right now, he is glad to see them gone or in the process of being history.

PUBLIC COMMENTS - CLARENCE ROWE, RE: GOVERNOR CHILES

Clarence Rowe requested the Board consider closing County facilities tomorrow in respect for and recognition of Governor Lawton Chiles whose funeral will be held tomorrow. He stated Governor Chiles has been good to Brevard County over the past eight years; there has not been a governor who passed away while in office for quite a number of years; and perhaps some of the Commissioners could attend the funeral or send condolences in appreciation for what he has done for the County. He stated he hopes all the municipalities can fly flags at half-mast or do something in appreciation for what he has done for Brevard County. He stated he thought it would be a subject on the Agenda, but saw that it was not; therefore, he felt it would be appropriate to address that issue.

Commissioner Higgs advised under her report this morning, the Board passed a Resolution to send to the Chiles family, expressing its condolences and appreciation for his services to Florida. Mr. Rowe stated he missed that, but recommended the Board consider allowing employees who may want to attend the funeral to pay their respects to the Governor who has served the citizens well, to have the opportunity to go.

Commissioner Voltz advised there was a request from Buddy MacKay for counties and State agencies to close tomorrow in respect to Governor Chiles. Mr. Rowe stated since the new Governor has asked that, he hopes the Board would consider it, as the County owes Governor Chiles that much because he was a good Governor. County Manager Tom Jenkins advised the State offices and State Courts will be closed tomorrow; and Governor MacKay requested County governments to consider closing tomorrow as well. Commissioner Voltz stated she does not have a problem with it.

Chairman Scarborough advised some people who may have structured their visits to different offices will be impacted and will not be able to get back before the Christmas holidays if the County closes its offices without advanced notice. He stated some people may be flying in from other parts of the country; some people may have their attorneys, architects, and engineers here to meet with staff; and it is difficult to assemble meetings with the correct staff to discuss a problem. He stated with all due respect to the Governor, he would not want the County to negatively impact people of having their business taken care of; so he cannot support it.

Mr. Rowe stated a lot of times things happen unexpectedly; and this is certainly one call people can understand because Governor Chiles has done an excellent job for eight years. He stated they will understand the respect one is trying to show; and the Board needs to do that and fly flags at half-mast to recognize the late Governor.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize closing all County offices on December 16, 1998, to show appreciation and respect to the late Governor Lawton Chiles, and afford employees the opportunity to attend his funeral. Motion carried and ordered; Commissioners O'Brien and Scarborough voted nay.

Chairman Scarborough directed staff to give notice in the newspaper as soon as possible to let people know the County offices will be closed. Commissioner Higgs inquired if the Chairman wants an ad or just a notice in the newspaper; with Chairman Scarborough responding if they are going to run an article, that would be fine, but the Board needs something so people do not show up at the County offices and all the buildings are closed. Mr. Jenkins advised he would put an article in the paper right away.

DISCUSSION, RE: TIME CERTAIN

Commissioner Voltz stated it is not good to have an 11:30 a.m. time certain as it is too close to the lunch time; and recommended if it looks like a long meeting, perhaps the Chairman can schedule it in the afternoon.

Chairman Scarborough advised there is no magic to scheduling time certains; but he will not schedule any more at 11:30 a.m.

DISCUSSION, RE: WORKSHOPS

County Manager Tom Jenkins advised the Board instructed his staff to re-schedule the January 7, 1999 workshop; they checked with all the Commissioners' offices; and everyone is available on January 14, 1999. He stated since there will be two items, Housing and the Comprehensive Plan, he would suggest starting at 10:00 a.m.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to re-schedule the January 7, 1999 workshop to January 14, 1999 beginning at 10:00 a.m. for Housing and Comprehensive Plan Amendments. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:05 p.m.

ATTEST: _______________________________________
TRUMAN G. SCARBOROUGH, JR., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

________________________
SANDY CRAWFORD, CLERK

(S E A L)