The Board of County Commissioners of Brevard County, Florida, met in regular session on April 4, 2000, at 9:04 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Father Richard Pobjecky of St. Gabriel's Episcopal Church in Titusville, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to approve the minutes of January 25, 2000 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: CITY OF PALM BAY ANNEXATION

County Attorney Scott Knox advised he sent a memorandum to the Board explaining the Palm Bay annexation situation and the challenge to the Comprehensive Plan amendment that was passed by the City; and as indicated in the memorandum, he noted he would bring the matter up today under Reports to see if the Board wants to withdraw the petition that was filed or choose to go forward with it.

Commissioner Voltz advised the Board did not authorize the County Attorney to file the petition; Mr. Knox filed that without permission from the Board; she does not approve of the County suing cities; therefore, the petition should be withdrawn.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to withdraw the objection to Department of Community Affairs on the annexation by the City of Palm Bay.

Commissioner Scarborough advised he received several calls on this item from both sides; it is not standard procedure to take public comments under Reports; but with the nature of this matter, it would be appropriate for the Chair to recognize people in the audience. Chairman Higgs stated she has no cards from anyone who wish to speak.

Commissioner O'Brien called a question on the motion.

Chairman Higgs advised the Board discussed the issue; and while authorization to file an objection with Department of Community Affairs was not made clear by the Board, the objection is appropriate. She stated the mechanism through the State is for any affected party to object; the Board asked the City to enter into discussions in regard to joint planning; it was not willing to do that regarding this annexation; and although the City was willing to do joint planning, it wanted to move ahead with the annexation first. She stated the legal mechanism and proper procedure is to embark through Department of Community Affairs on an objection; and that is the proper course of action as discussed at the time the Board authorized staff to represent it before the City Council. Chairman Higgs advised the property surrounding the two properties that are being rezoned to commercial are residential; the Brevard County Comprehensive Plan for the area calls for residential low density; and the Small Area Plan the Board approved did not rezone the property at that intersection to commercial. She stated there is property south of the subject property with significant acreage set aside for commercial, as well as other appropriate commercial property within the City; it is not in the best interest of the citizens of Palm Bay whom she represents to rezone property outside the corporate limits for commercial use when there are other appropriate properties inside the City's boundaries set aside for commercial; so she cannot support the motion.

Commissioner Voltz stated it was not appropriate for Mr. Knox to file that suit since he was not given direction by the Board; he did mention that it was an option, but the Board never gave him direction; it should not have been done; and if the Board wanted him to do it, it should have made a motion at that meeting. She stated when the County Attorney starts doing things without the Board's authority, and the Board supports him in that, it will get itself in trouble; therefore, it should withdraw the petition.

Chairman Higgs stated she is not arguing whether or not the Board authorized it; it was not clear that the Board authorized the objection through Department of Community Affairs, so it probably did not; however, she is not arguing that point. She stated the Board has every right to object to the action through the 120 hearing, which is set aside in the Florida Statutes to deal with exactly those kinds of things; so whether or not it was an authorized action is secondary to what the Board should do regarding the annexation. Commissioner Voltz stated it is not secondary because if Mr. Knox can make motions and do things without the Board's approval and the Board supports him after the fact, it is going to get in trouble; she understands mistakes are made, and is not faulting Mr. Knox for doing it; but the Board should not support something he does that it did not authorize. Chairman Higgs stated she is not supporting anything except the objection. Commissioner Voltz stated Chairman Higgs is supporting the fact that Mr. Knox did it without authorization; with Chairman Higgs responding that is a misrepresentation of her position which is and has been the same all along that the Board object to the annexation. She stated it objected to the rezoning and is going through the procedures; it could not have made a determination at the time it first came to the Board because it needed to let the process in the City go forward; until the City took final action, the Board could take no action to determine what its position would be; so the sequence of action is correct.

Commissioner Carlson inquired if Mr. Knox reviewed the Minutes to see what the Board directed him to do; with Mr. Knox responding he did subsequently, and it said a lot, but the motion was to have staff appear at the Palm Bay City Council meeting and object. Commissioner Voltz stated the motion also authorized a letter and to appear at the Council meetings when the item will be discussed. Commissioner Carlson stated that is what she understood, but there is no harm in retracting the hearing issue and making another motion to emphasize that the Board wants a letter sent to Department of Community Affairs and have someone at the City Council meetings. She stated the important thing is to make sure Department of Community Affairs knows the Board's concerns about annexations and its problems with future land uses; it is the same problem the Board had with Melbourne; and Melbourne agreed to a joint planning agreement, but Palm Bay did not. She suggested a letter to Department of Community Affairs to make sure it understands, since it is looking at the entire growth management plan, that it needs to address that issue. Chairman Higgs inquired if Commissioner Carlson wants to object to Department of Community Affairs in the form of a letter as opposed to the 120 hearing; with Commissioner Carlson responding to object first in letter form, then if need be, file for a 120 hearing. Chairman Higgs stated she does not think the Board can pursue that course of action. Mr. Knox advised the Board is dealing with the one-acre tract that was annexed; there is a 20-acre tract down the road that will probably be annexed or has been annexed and will be the subject of a land use change; and the Board will have an opportunity to object formally in a petition process when that is adopted. He stated the Board would not be able to do that with the one-acre tract if it withdraws the petition now. Commissioner Carlson noted the Board can go forward with the objection on the 1.6 acres and then when the 18 acres come up, it would have another opportunity to object. Chairman Higgs stated the City has not taken final action on the 18 acres.

Commissioner Scarborough gave a scenario of a person traveling abroad whose attorney did not get clear direction whether or not to file a lawsuit; and inquired if that person would have preferred to hear from his attorney that he filed it, or that he did not file it and the time has run out. He stated if an attorney is to err, it is best to err on the side of protecting his client's rights; so he feels Mr. Knox did the right thing. Commissioner Voltz stated he could have called the Commissioners if there was a question about it, but nobody called her; with Chairman Higgs responding it could potentially be a violation of the Sunshine Law. Commissioner Voltz stated Mr. Knox could have called the Chairman and asked her views on it, and if there was a problem, she could have called a special meeting.

Chairman Higgs called for a vote on the motion to withdraw the 120 administrative hearing petition. Motion did not carry; Commissioners O'Brien and Voltz voted aye; and Commissioners Scarborough, Carlson and Higgs voted nay.

Chairman Higgs inquired if Mr. Knox needs a motion to go forward with the 120 hearing; with Mr. Knox responding if that is what the Board wants him to do.

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

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Attorney to object to the annexation of 1.6 acres by the City of Palm Bay through the 120 administrative hearing process by Department of Community Affairs.

Commissioner Scarborough recommended adding to the motion that the Board continue to have dialogue with the City of Palm Bay while it is locking in its legal standing because it should always talk to the other side, particularly when it is a municipality. Commissioners Higgs and Carlson accepted the addition to the motion.

Commissioner Carlson stated it is in the best interest of all municipalities to work with the County; and the joint participation agreement is the way to go in the future. Commissioner Voltz stated the 120 hearing is not the way to go. Commissioner Higgs stated any time anyone enters into the 120 process, they can still continue to have dialogue with the other side; it is frequently a way to a settlement; the County asked first to enter into a joint planning agreement; but the City's decision was not to do that.

Vice Chairman O'Brien stated he objects to the motion because the item was not on the Agenda and the public has not been informed that the Board was going to take action; and he objects to going for the 120 hearing because it was not the initial motion. He stated the item has been brought back without public notice; the public is being left out along with the municipalities and the property owners of Valkaria; so he will oppose the motion.

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

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

APPROVAL, RE: EXECUTIVE SESSION ON C.P.O., INC. vs. BREVARD COUNTY

County Attorney Scott Knox requested approval of an executive session to discuss the case of C.P.O., Inc. vs. Brevard County after the next day meeting.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to schedule an executive session on April 11, 2000 following the regular Board meeting to discuss the C.P.O., Inc. vs. Brevard County case. Motion carried and ordered unanimously.

REPORT, RE: CITIZENS ACADEMY

Commissioner Scarborough advised Manatee County has a Citizens Academy; with the television station, the Board has an opportunity to have a citizens academy and a series of broadcasts talking about the different County Departments and what they do; and at the end, the County Manager with the Department heads could have a question and answer reception, then give certificates for participation. He stated it could be an ongoing event to give the community better knowledge of the County; the County touches many people in diverse ways; and this would be a good way to inform the public. He recommended Mr. Jenkins work with his staff to determine if a citizens academy is feasible. Commissioner Scarborough advised Manatee County did most of it in person; but with television, it could be done through a series of tapings and have several different broadcasts with a question and answer period at the end and a reception to have people meet staff in person. He stated it would be wonderful for people relocating into the community as well as those who live here to learn more about the County.

Commissioner O'Brien stated the problem is the numerous diverse groups that have their own agendas taking advantage of this program to work their political agendas; with Commissioner Scarborough responding it would only be Department heads talking about what they do.

Discussion ensued on providing information on what Mosquito Control does, Fire Control, Planning and Zoning, and other programs, citizens asking questions of staff, doing the program repetitively, and having the opportunity of meeting the County Manager and Department heads face to face.

Commissioner Carlson stated it is a classroom environment, and read from the Manatee County Academy as follows: "Ten classes will meet from 6:00 p.m. to 9:00 p.m. on Thursday evenings. Two classes will meet on Saturday from 9:00 a.m. to noon. Classes will be scheduled at various Manatee County facilities and locations. There is no cost for this program." She stated it is a way for anyone interested in County government to enroll in the academy and to learn about what the County does; and it will be in an open forum setting.

Commissioner Voltz stated last Wednesday she met with some people in West Melbourne about an MSBU for water; they did not know the County had an MSBU program and wanted water for a long time; and they are very pleased about getting water. Commissioner Scarborough stated it is to let people know what is available. Chairman Higgs stated they did a similar activity in Micco a few years ago about zoning, planning and the Comprehensive Plan, and it was very useful. She inquired if the Board wants the County Manager to return with some ideas. Commissioner Scarborough stated Mr. Jenkins and his staff could look at it at one of their staff meetings and come up with a report. Commissioner O'Brien stated he would like to see more details for the County's plan.

REPORT, RE: RECOGNITION OF VOLUNTEERS

Commissioner O'Brien inquired if the Board does a resolution recognizing all volunteers every year; with County Manager Tom Jenkins responding it is scheduled for April 11, 2000.

APPOINTMENT, RE: HEALTH FACILITIES AUTHORITY

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to appoint Emil Miller to the Health Facilities Authority, replacing Bob Carman, with term expiring January 28, 2002. Motion carried and ordered unanimously.

RESOLUTION, RE: ACKNOWLEDGING PARTICIPATION IN THE SPACE COAST LOCAL MITIGATION STRATEGY

Commissioner Carlson gave the Board a background of the local mitigation strategy effort which started April 14, 1998 with an Agreement with Department of Community Affairs stipulating the County would initiate and complete the Brevard County Local Mitigation Strategy by August 31, 1999. She stated participation by all municipalities produced the initial edition of the Space Coast Local Mitigation Strategy; and the resolution is to acknowledge participation by the municipalities, and encourage continued participation to update and expand the Strategy in the future. She stated Bennett Boucher is the Chairman of the Local Mitigation Strategy Committee. Commissioner Carlson read the resolution acknowledging participation in the Space Coast Local Mitigation Strategy.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution acknowledging participation of all municipalities in the Space Coast Local Mitigation Strategy, and encouraging continued participation to update and expand it. Motion carried and ordered unanimously.

Commissioner O'Brien introduced Bennett Boucher, City Manager of Cape Canaveral, and former Mayor of Cape Canaveral; and noted the Board is proud to have them present. Commissioner Carlson presented the Resolution to Mr. Boucher.

Bennett Boucher, Chairman of the Space Coast Local Mitigation Strategy Committee, expressed appreciation to the Board for recognizing all the cities that participated in formulating the strategic document to help prevent mitigation projects in the communities. He stated it has been a success; a lot of the communities are on the way to implementing projects earmarked in the document; it is a living process; and Commissioner Carlson has been an advocate, supporter, and participant of the process. He encouraged the Board's continued participation in the program; and noted it will see a lot of benefits in the future.

Commissioner Carlson requested the Board send a letter of appreciation to the individual participants of the Committee.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to authorize the Chairman to send a letter acknowledging participation of individual members, and send a copy of the Resolution to each member of the Committee. Motion carried and ordered unanimously.

Chairman Higgs expressed appreciation to the cities for their efforts. Commissioner Carlson stated the Department of Community Affairs is using mitigation strategy for a lot of its grant proposals. Commissioner O'Brien questioned the use of mitigation rather than prevention; with Commissioner Carlson responding it is mitigating to prevent potential damage from storms, such as installing shutters and other preventative measures. She stated the cities and towns are trying to come up with a long wish list with dollars attached, but it will go through many revisions to develop something worthwhile.

Commissioner O'Brien recognized Larry Weber from the City of Cape Canaveral and Keep Brevard Beautiful.

REPORT, RE: REDUCTION OF FUNDS FOR JUVENILE ASSESSMENT CENTERS

Commissioner Voltz advised she went to Tallahassee during the past week and met with the Deputy Director of the Department of Juvenile Justice; and they are in the process of cutting all the funding for juvenile assessment centers because they feel it should be funded locally. She stated he said it was not a done deal, so she suggested the County charge $205,000 a year for rent instead of $1.00 to make up the money that the County is getting now; and she hopes they can work out the details on the funding issue.

Commissioner Voltz stated it was Space Day in Tallahassee and she attended the functions as a representative from Brevard County; it was very nice; and they did a great job.

Chairman Higgs stated there are some interesting things happening in the Legislature; they are cutting taxes; but unfortunately it will impact the County's programs.

RESOLUTION, RE: RECOGNIZING JOE H. WICKHAM

Chairman Higgs advised former Commissioner Joe Wickham died last week; he served the community outstandingly as a Commissioner for 24 years; and she has a resolution that would be appropriate to take to Mrs. Wickham, or at a later date, Mrs. Wickham may want to come to a meeting. She read the Resolution recognizing former Commissioner Joe Wickham for his dedication to the citizens of Brevard County and extending condolences to his family and friends on behalf of all Brevard County residents.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing Joe H. Wickham for his dedication to the citizens of Brevard County and extending condolences to his family and friends. Motion carried and ordered unanimously.

Chairman Higgs advised the Board is grateful for the life of Joe Wickham, his dedication to the County, and all the years of service he gave, as well as that of his family who has been involved in the community for a long time. She noted Mr. Wickham did many wonderful things for Brevard County.

REPORT, RE: FINANCIAL ADVISORY SERVICES

Commissioner Voltz advised the company the County's Financial Advisor Tom Holley worked for was bought out; and inquired if there is something the Board needs to do.

County Manager Tom Jenkins advised the Board will need to discuss it, but the first step is to take it to the Finance Committee for discussion, then bring it to the Board for consideration.

RESOLUTION, RE: PROCLAIMING AMERICAN CANCER SOCIETY'S RELAY FOR LIFE DAYS

Commissioner O'Brien read aloud a resolution proclaiming April 7 and 8, 2000, as the American Cancer Society's Relay for Life Days.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution proclaiming April 7 and 8, 2000, as American Cancer Society's Relay for Life Days in Brevard County, and encouraging all citizens to participate in the relay for life, make a positive difference in the fight against cancer, and become the community that takes up the fight. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Misty Campbell, ACS Development Director, and Jeannie Leeberg, Executive Director. Ms. Campbell advised the relay for life is more than a fundraiser, it is a celebration of survivorship; and the ACS provides rides to treatment centers, information to patients, and more than $500,000 worth of services. She invited the Board to present the Resolution on Friday night, and thanked it for supporting their efforts. Commissioner O'Brien suggested working with the ACS for SCAT buses to take patients to Jacksonville.

RESOLUTION, RE: PROCLAIMING KEEP BREVARD BEAUTIFUL MONTH AND TRASH BASH DAY

Commissioner Voltz read aloud a Resolution proclaiming April, 2000 as Keep Brevard Beautiful Month, and April 15, 2000 as Trash Bash Day in Brevard County.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution proclaiming April, 2000 as Keep Brevard Beautiful Month, and April 15, 2000 as Trash Bash Day in Brevard County, and encouraging citizens to participate in the efforts to preserve the beauty of Brevard County. Motion carried and ordered unanimously.

John Porter, Countywide Chairperson of Keep Brevard Beautiful, advised Larry Weber is now the Executive Director of Keep Brevard Beautiful; thanked the Board for its support over the years; and stated for every dollar they receive, $8 are returned to the community. He stated their mission is the same as the Board's mission, which is to maintain the quality of life or increase it; and Mr. Weber has some aggressive programs planned.

Commissioner O'Brien stated Keep Brevard Beautiful goes out on weekends with people ordered to do community service by the judges.

Larry Weber advised they have 105 teams in the Adopt-A-Shore Program and 65 teams in the Adopt-A-Road Program; Keep Brevard Beautiful started in 1981 so next year will be its 20th year in service; and expressed appreciation to the Board, Cities and businesses for their help. He stated if anyone sees an individual or company that takes special pride in maintaining, landscaping, recycling, and keeping their areas litter free, they should stop and tell those people they noticed it. Mr. Weber advised a new program is the Litter Hotline which begins on April 13, 2000 at 11:45 a.m.; any motorist who sees someone throw litter out of a vehicle can call *K B B on their cell phone which will ring at the office, and they will send it to the Sheriff's Office which will send a letter to that person. He noted the pink cards in the package is to get the word out about the Litter Hotline.

Mr. Porter advised they do a lot of education and pickup with volunteers, but need to enforce the laws; and that is what the Litter Hotline is about. He stated when people throw garbage out the window, it costs everyone money, so it is time they pay the penalty for doing that.

Commissioner Carlson inquired where is the new location of the Keep Brevard Beautiful office; with Mr. Weber responding they were in Cocoa for seven years in a residence donated by the City; the City wanted to build a park so they moved to Suntree in a facility donated by Wuesthoff Hospital for a year; the Hospital needed it back, so they moved to Fortenberry in a facility donated by Cape Canaveral Hospital for one year, but they are looking for a permanent home. Commissioner Carlson stated she talked to staff about putting a structure at Hoo-Hoo Park since the County has security problems there; and suggested staff continue that process and bring it to the Board for discussion at a future date. Mr. Weber stated they are starting to clean up the park; and it will be a win/win situation for everybody because they will be there from 9:00 a.m. to 5:00 p.m. Commissioner Carlson noted it will be a rebirth of the park and the Board will discuss renaming it at another time. Commissioner Carlson advised the reason District 4 will win Trash Bash Day is because they put together Trash Bash with the Strategic Neighborhood Abatement Rehabilitation Program (SNARP), and will go through Cocoa and clean house, so they will have mega-tons of trash.

Commissioner O'Brien cautioned the Board on bringing nonprofit organizations into County parks; he stated it could end up with the Cancer Society wanting part of Kiwanis Park, the Heart Association wanting part of Wickham Park, trucks and buses parking at other parks; and before long the public parks will be a housing authority for every nonprofit organization in the County. He stated Child Care is in some of the parks; allowing those organizations in parks is an integral part of working with the community; and inquired to what extent does the Board want to do that.

Commissioner Carlson stated the Board should proceed with caution, but it has not-for-profit organizations in a lot of the parks; Wickham Park has the Jaycees and various others; in this incident, security is needed at Hoo-Hoo Park; and what better way to have it than to put an organization in the park.

RESOLUTION, RE: PROCLAIMING BOYS AND GIRLS CLUB WEEK

Commissioner Scarborough read aloud the resolution proclaiming April 9 through 15, 2000, as Boys and Girls Club Week in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution proclaiming April 9 through 15, 2000 as Boys and Girls Club Week in Brevard County, and calling on all citizens to recognize and commend the Clubs and their alumni for making a significant difference in the lives of young people and the community. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Art Edwards, who expressed appreciation for the Board's support over the past five years and for the Resolution; and advised of the Clubs' services and accomplishments. Mr. Edwards advised there is a Club in Palm Bay, Riviera at the school, Grant Street Community Center, Gibson Center, and an outreach in Mims at Cuyler Park. He stated they emphasize drug intervention, teenage sex, gang violence, etc., but they also emphasize citizenship and are starting to focus on technology to ensure the children have an opportunity to bridge the gap and have access to technology. He invited the Commissioners to stop by one of the sites and see what the children are doing.

Chairman Higgs expressed appreciation for what the Clubs are doing for children, and recognized the two nominees selected as young citizens of the year. Mr. Edwards stated they are special children.

RESOLUTION, RE: DECLARING MULLET CREEK ROAD A DEDICATED PUBLIC ROAD AND APPROVING MAINTENANCE MAP

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution certifying Mullet Creek Road as a dedicated public road, and approving the maintenance map. Motion carried and ordered unanimously.

APPROVAL OF ALLOCATION OF GAS TAX AND MSTU FUNDS, RE: EAU GALLIE AND WICKHAM ROAD CULVERT PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve allocation of available gas tax and Districts IV and V MSTU funds for implementation of Eau Gallie Creek/Wickham Road Culvert Project; authorize any required budget amendments; and grant permission to advertise a public hearing on April 25, 2000 to consider Road and Bridge Section performing the construction of Eau Gallie Creek/Wickham Road Culvert Project and Parkway Ditch/Horse Creek Culvert Project. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE TOWERS AND BID AND AWARD BID FOR INSTALLATION, RE: COOLING TOWERS AT GOVERNMENT CENTER-NORTH

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to purchase two Marley Cooling Towers for Brevard County Government Center-North, and bid and award bid to the lowest qualified bidder for installation of the towers. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: PAINTING OF RECREATION YARDS AND OVERHEAD WIRE MESH AT JAIL

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to bid painting of interior walls and overhead wire mesh in the recreation yards at the jail; and award bid to the lowest qualified bidder. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SEAHAWK PLACE AT AQUARINA, PHASES 1 AND 2

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant final plat approval for Seahawk Place at Aquarina, Phases 1 and 2, subject to minor changes if necessary, receipt of all documents required for recording, and approval not relieving the developer from obtaining other jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH ROBERT LEICHTENBERG, RE: GUARANTEEING INFRASTRUCTURE IMPROVEMENTS FOR TIMBER WOLF TRAIL

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Contract with Robert Leichtenberg guaranteeing infrastructure improvements for Timber Wolf Trail. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH SAWGRASS LAND DEVELOPMENT COMPANY AND COLONIAL BANK, RE: IMPROVEMENTS IN SAWGRASS AT SUNTREE, PHASE 2

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Escrow Agreement with Sawgrass Land Development Company and Colonial Bank, guaranteeing infrastructure improvements in Sawgrass at Suntree, Phase 2. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: LOT 17, DORA AVENUE, COCOA

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to accept the Special Master's recommendation and reduce accrued Code Enforcement fine for Case No. 99-0370 from $3,625 to $0; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment of the enforcement cost in the amount of $294. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE PURCHASE AND EXECUTE CONTRACT, RE: PROPERTY ADJACENT TO PINEDA LANDING PARK

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize staff to negotiate purchase of .73 acre immediately north of and adjacent to Pineda Landing Park at a price not to exceed the appraised value; and authorize the Chairman to execute the Contract and all other documents necessary to effect the acquisition. Motion carried and ordered unanimously.

RELEASE OF RECREATIONAL INTEREST, RE: PROPERTY IN COCOA WOODS SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to release any recreational interest in a 6.53-acre parcel owned by the Cocoa Woods Homeowners Association due to close proximity to another existing park and limited access to the property. Motion carried and ordered unanimously.

CORRIDOR MANAGEMENT ENTITY AGREEMENT WITH MARINE RESOURCES COUNCIL OF EAST FLORIDA, RE: INDIAN RIVER LAGOON SCENIC HIGHWAY

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Corridor Management Entity Agreement with the Marine Resources Council of East Florida, local governments, other government entities, and community organizations for the Indian River Lagoon Scenic Highway. Motion carried and ordered; Commissioner Voltz voted nay.

MEMORANDUM OF AGREEMENT WITH FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, RE: TREE PLANTING GRANT FOR SPACE COAST COMMUNITY SPORTS COMPLEX AND KELLY PARK

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize the Parks and Recreation Director to execute a Memorandum of Agreement with Florida Department of Agriculture and Consumer Services for a $10,000 Urban and Community Forestry tree planting grant for Space Coast Community Sports Complex and Kelly Park. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: RESCUE TRANSPORT UNITS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the purchase of three rescue transport units with stretchers from Wheeled Coach at $72,419 each. Motion carried and ordered unanimously.

TASK ORDER NO. 97-16 WITH HDR ENGINEERING, INC., RE: RENEWAL OF PERMIT FOR CENTRAL DISPOSAL FACILITY

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Task Order No. 97-16 with HDR Engineering, Inc. to provide engineering services for renewal of the Operations Permit for Central Disposal Facility and provide required biennial groundwater technical reports for the Facility and Sarno Road Landfills at not to exceed $208,920. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH CITY OF MELBOURNE, RE: WATER AND SEWER FRANCHISE

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution and execute Agreement with the City of Melbourne setting forth the terms and conditions under which the City will provide water and sewer service to the unincorporated areas of Brevard County and a reciprocal franchise for the County to operate within the City. Motion carried and ordered unanimously.

RECLAIMED WATER TRANSMISSION MAIN CONSTRUCTION AGREEMENT WITH THE VIERA COMPANY, RE: MURRELL ROAD AND COUNTRY CLUB DRIVE RECLAIMED WATER SERVICE

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Reclaimed Water Transmission Main Construction Agreement with The Viera Company to provide reclaimed water to the Murrell Road and Country Club Drive areas at an approximate cost of $276,000. Motion carried and ordered unanimously.

AGREEMENT WITH G.P.O. DEVELOPMENT, INC., RE: EASEMENT ENCROACHMENT FOR CONSTRUCTION OF MASONRY WALL

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Agreement with G.P.O. Development, Inc. for encroachment of an easement at 1941 N. Highway A1A in Indian Harbour Beach for construction of a masonry wall. Motion carried and ordered unanimously.

FIRST AMENDMENT TO CONTRACT FOR SALE AND PURCHASE WITH CITY OF SATELLITE BEACH, RE: PIPELINE EASEMENT AND INSTALLATION

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute First Amendment to Contract for Sale and Purchase with the City of Satellite Beach, executed on August 20, 1996, for an easement to install a pipeline to improve transmission capacity of the wastewater system. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: WATER AND WASTEWATER RESIDUALS DISPOSAL

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to bid, award bid to lowest qualified bidder, and authorize the Chairman to execute the Contract with the successful bidder for water and wastewater residuals disposal. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: CONSTRUCTION OF WASTEWATER FORCE MAIN IN SATELLITE BEACH

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to bid, award bid to lowest qualified bidder, and authorize the Chairman to execute the Contract with the successful bidder for construction of a wastewater force main in Satellite Beach. Motion carried and ordered unanimously.

APPROVAL OF CONTRACT WITH OUTSIDE AGENCIES, RE: COUNTY AUCTIONS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the contract form for use when not-for-profit and/or community based agencies request the County sell equipment and/or vehicles during the County auctions; and authorize the County Manager to sign the contracts. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING DECEMBER 31, 1999

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to accept the Revenue Monitoring Report for the quarter that ended December 31, 1999. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF DRAINAGE AND SURFACE WATER

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to acknowledge receipt of the Internal Audit conducted of the Drainage and Surface Water Section for the period October 1, 1997 through September 30, 1998. Motion carried and ordered unanimously.

AMENDMENT, RE: DOT DUI/ROADBLOCK EVALUATION PROJECT BUDGET

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize submittal of a budget modification request to Florida Department of Transportation for additional funding for the DOT DUI/Roadblock Evaluation Project, and to accept the additional funding when approved by DOT which would increase the budget for the project from $346,175 to $352,235. Motion carried and ordered unanimously.

APPROVAL OF APPLICATION, RE: U.S. DEPARTMENT OF JUSTICE BULLETPROOF VEST PARTNERSHIP GRANT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize the Sheriff to submit an application to the U.S. Department of Justice for a bulletproof vest partnership grant in the amount not to exceed $9,750. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to appoint and/or reappoint David Bunker to the Arts in Public Places Advisory Committee replacing Gil Carlson with term expiring December 31, 2000; Jim Cundiff to the Citizen Budget Review Committee replacing

Pat Eder with term expiring December 31, 2000; Elizabeth Bradley and Peggy Crooks to the Brevard Commission on Aging Advisory Committee with terms expiring December 31, 2000; John R. Murr and Alan R. Coburn to the Housing Finance Authority with terms expiring April 3, 2004, and April 15, 2004; Bob Armbuster to the Public Golf Advisory Board replacing Gil Ryan with term expiring April 3, 2001; Jack Jackson to the Veterans Memorial Park Advisory Board, with term expiring December 31, 2000; and Stephnie Eley to the West Melbourne Public Library Board, with term expiring December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

TASK ORDER #6 WITH THE NATURE CONSERVANCY, RE: LAND ACQUISITION ASSISTANT

Chairman Higgs advised the Task Order with The Nature Conservancy allows the Board to move forward to implement the plan submitted to the State in 1996 for the Brevard Coastal Scrub Ecosystem CARL Project; the project uses all State funds in terms of acquisition costs and a Task Order with The Nature Conservancy to provide staff power to acquire or bring the acquisitions to the State for purchase; and the money is set aside under the Environmentally Endangered Lands (EEL) Program.

Kim Zarillo, representing the Partnership, requested the Board support the Task Order to continue acquisitions in the scrub jay refugia. She stated they are concerned about the decline in the scrub jay population in Brevard County and in Florida, and about keeping CARL grant funds coming into the County; and requested the Board support continuing the program.

Priscilla Griffith, President of the League of Women Voters of the Space Coast, advised all those who value scrub habitat and its inhabitants have become greatly concerned for the fate of this ecosystem; and the concerns bring her here on behalf of the League to urge the Board to authorize Task Order 6 with The Nature Conservancy to hire a full time land acquisition assistant for two years. She stated the assistant would have the sole assignment of acquiring the sites within the Brevard Coastal Scrub Ecosystem CARL Project in Valkaria, South Babcock, Grissom Parkway, and Ten-Mile Ridge areas; and adding an individual whose only responsibility will be contacting and negotiating with many owners of small parcels of land in those areas would be the most efficient and cost effective way of acquiring the lands which are absolutely necessary for the survival of the scrub jay in Brevard County. Ms. Griffith stated acquisition needs to be accomplished rapidly so the lands can be managed to maximize the habitats' usefulness to the jay and other scrub inhabitants; the Board cannot afford to delay any longer as the 1999 report on the scrub jay recovery demonstrates; and it also needs to take advantage of the $2 million available from the State for 100% purchase of lands within the project. She stated the 1999 report demonstrates that the County continues to learn more about the scrubjay and management of its habitat; and it provides hope. Ms. Griffith advised there is a saying that one should imagine the past and remember the future; and approving the Task Order will go a long way towards making it possible for future citizens to look at the restored habitats and imagine the past.

Commissioner O'Brien stated the Board is considering $38,000 per year for a person to look at the properties to formulate a purchase with State funding; and inquired how did they look at properties and acquire those properties in the past without someone. Chairman Higgs stated this is a unique situation; the difference is the multiple nature of the ownerships; there are thousands of owners because the lots have been platted and sold off throughout the world; and the intensity and time demand to acquire those properties require an additional person. Commissioner O'Brien stated a lot of the properties had multiple owners; and this is no different than anything the Board faced in the past. Chairman Higgs stated it is different as there are one and a half to two acres and the acquisition is not that different from the way property has been acquired except in terms of the number of hours it will require to get that many parcels. She stated in the past the Board purchased large parcels of 20 acres, 50 acres, etc., but these lots are small and numerous. Commissioner O'Brien inquired who did the research to purchase the lands in the past; with Chairman Higgs responding the research has been done; the Board approved the project in 1996; and the original scientific investigations were done and those properties were identified through the Scientific Technical Advisory Committee as well as the EEL's staff and EEL's Land Acquisition Committee. She stated the Brevard Coastal Scrub Ecosystem proposal was submitted to CARL based on that research. Commissioner O'Brien inquired if the parcels are identified, what is the purpose of the person the Board wants to hire for $38,000 a year; with Commissioner Carlson responding Ann Birch or Chuck Nelson can explain why and how acquisitions have been done.

Parks and Recreation Director Chuck Nelson advised historically staff has been looking at larger tracts; the number was in the hundreds; but with this issue the number is over 4,000 individual lots; so it is a magnitude issue. He stated that workload for one person would be insurmountable; the concern is to be able to get in and begin the management of those lands; the acquisition has to proceed because they are buying small parcels and not able to manage them an acre and a half at a time; urgency relating to the acquisition is there; and they need to get the properties on board to begin the management process. He stated if it goes at the same rate it has historically gone with the level of support it has been able to receive, it will take many years to get there; and it may be too late, which is a concern.

Commissioner O'Brien inquired if hiring someone for two years should have 80% or 100% of the problems resolved; with Mr. Nelson responding it would depend on willing sellers; and maybe Keith Fountain can give a better insight as to the percentage. Commissioner O'Brien inquired if the County purchases 90 acres that surround ten acres people do not want to sell, what would it do about that ten acres.

Keith Fountain, representing The Nature Conservancy, advised historically the way acquisition has proceeded in the County, every site was in the bargain-shared category which meant the EEL Program and the State funded the purchase prices of the properties 50/50; and about a year and a half ago, they went to the State, because of dollar constraints in the County, and said take some of the subdivision only projects, and put those on what is called the mega-parcel list. He stated they did that with the EEL Program's consent; that put the State responsible for paying 100% of the purchase price of the property; and what they are talking about today are four sites, Valkaria, Ten-Mile Ridge, South Babcock and Grissom Parkway that are outside the scope of the EEL Program contract. Mr. Fountain advised they have a lot of mega-parcel projects all around the State, and a lot of subdivisions to buy here and in Lake Wales Ridge in Central Florida; The Nature Conservancy has been inheriting more and more of those projects from the Division of State Lands; and buying lot by lot from individual owners is a logistically demanding process and a burden on their financial resources. He stated the relationship proposed with Brevard County is a cost/share relationship; it is proposed that Brevard County pay the salary and benefits and The Nature Conservancy pay for the office, computer, postage, telephone, and everything else; and it will get fairly expensive because there are a lot of contracts and a lot of owners. Mr. Fountain advised the relationship being proposed is very analogist to what the Conservancy does in Highlands County; that County did not have the staff to buy all the subdivision lots but could buy bigger parcels; so it funded a person dedicated to doing nothing but buying subdivision lots. He stated they hope over two years one person dedicated to the grueling task can get a substantial way down the road in buying those areas from willing sellers; if someone does not want to sell, they do not buy the property; the biggest impact is management; and this is a push to buy as much habitat as they can to better effectuate the management plans for the properties.

Commissioner O'Brien stated if he owned two acres on Grissom Road and the Conservancy buys all the properties around him, he could build a house there and know the properties will never be developed and he would have a free park. He stated if enough people did that, the project could be in trouble. Mr. Fountain advised it would present a problem, but they would have to get permits to build in that situation. He stated other project sites do not have houses in the interior, but that scenario is possible. Commissioner O'Brien stated he is not against hiring a person and sees the urgency; but some of the properties, although they may be scrub habitat is not contiguous; and inquired how is Grissom Parkway property connected to a northern parcel that is also a scrub jay habitat; with Mr. Fountain responding the sites in question may not be valid landscapes for species protection and would have independent landscapes in each case; those issues are struggled with at all levels; and they are not buying in subdivisions where people are building houses. Mr. Fountain stated everybody is assuming the challenge, and buying those areas to put the pieces of the puzzle together. Commissioner O'Brien stated there has been criticism in the past about some of the parcels the EEL Selection Committee purchased and the science used to defend those purchases; and this Board does not want to be in that position of having the public say it is not scrub jay property.

Commissioner O'Brien stated the statement in the paperwork says, "Scrub jays have declined by more than 50%"; and inquired since when. Chairman Higgs stated since 1993. Chairman Higgs stated the study is developing biological criteria for the recovery of the Florida scrub jay population in Brevard County; that is the documentation that was given to the Board by the scientists; and that is the best information it has. She stated the parcels that are a part of the Brevard Scrub Ecosystem proposal represent the best science in terms of preserving the species and what will be necessary to preserve them; it is a result of the Board's and the EEL Committee's action; the State has looked at the proposal for its scientific validity as well; so there are a number of different layers going back to the 1993 and 1996 studies that the Scientific Advisory Committee did in developing the original conservation plan. She stated the 1999 study gives the Board information in terms of survival. Commissioner O'Brien inquired if the 50% is strictly Brevard County; with Chairman Higgs responding yes.

Commissioner Voltz inquired whose employee will the assistant be; with Mr. Fountain responding The Nature Conservancy's employee. Chairman Higgs stated the Conservancy is responsible for everything except the salary. Commissioner Voltz inquired if it will be paid by EEL funds and not General funds; with Chairman Higgs responding yes.

Laurilee Thompson, representing Brevard County Tourism Development Council, stated preserving the scrub ecosystem will be good for tourism; and aside from helping to maintain the quality of life enjoyed in Brevard County, there is economic benefits to preserving scrub. She stated she is on the TDC and for several years had the pleasure of conducting tours for the Zimmerman Agency which is the advertising agency that brings travel writers on familiarization trips into the County to see what is here then go home and write about it; their favorite places to send people are the Merritt Island Wildlife Refuge and Canaveral National Seashore; and described in detail what she does when taking the writers on tours. She advised of a lady from Winter Park who writes for Latitudes Magazine, which is an in-flight magazine used on airplanes, who wanted to write an article on scrub jays and scrub habitat, and her conversation with the lady who said a lot of European travelers are interested in ecosystems and animals that live there. Ms. Thompson advised three million visitors come to Kennedy Space Center each year; the goal of Delaware North is to get ten million visitors a year to the Center; most of those are tourists coming from Orlando on day trips; and Brevard County needs to do something to have them stay here and spend their money to fuel the economy. She stated education is the number one reason people are traveling now; Rob Varley and Roger Dobson just returned from ITB Berlin which is the biggest trade show for tourism business in the world; every country is represented there; and they took the nature guide which was very well received. She stated Mr. Varley commented that German tourists enjoy cultural, heritage, and nature educational activities; Brevard County has been blessed with natural resources; and if the County manages, preserves, and markets them right, it could increase tourism coming into the County.

Margaret Hames urged the Board to approve Task Order No. 6; and stated having sat on the EEL Committee for many years and waited for the State to take action, she supports it. She stated the money is not from the General Fund; it will come from the EEL's fund and will be well applied to facilitate a $2 million purchase. She stated there was a question about the science involved; and urged the Commissioners to read the in-depth status report made by its staff at its request. She stated it is an excellent report done by Brian Toland; and there is also the recovery report, not to mention the SCDP report from the consultant. She stated Brevard County is one of the most studied counties of all the counties except maybe Highlands County; it is important to move forward; and urged the Board to do that. She mentioned the Board's struggle to save the feral cats; noted the feral cats and the scrub jays are in trouble because of man's actions; and urged the Board to take advantage of this opportunity to have The Nature Conservancy do its good works.

Maureen Rupe, Port St. John, advised as a member of the Women's League of Voters and the Partnership, she wants to support their position 100% and urge the Board to go forward.

Mary Todd, representing the Sierra Club Turtle Coast Group, advised once again a proposal regarding scrub preservation is on the Agenda; since 1991 the Board has considered a variety of scrub protection actions; and during each discussion it heard predictions that the scrub jay population will rapidly decline if significant steps are not taken to preserve them. She stated over the years the Board has taken some positive actions, in particular, approving the Coastal Scrub Ecosystem CARL Project and supporting control burns for habitat restoration and wild fire prevention; but what it has authorized is not enough to prevent rapid decline of the scrub jay population. Ms. Todd stated the report by Brian Toland contains grim statistics on population decline between 1993 and 1998; in North Brevard, the scrub jay population on nonfederal lands has fallen 33%; Central Brevard's population has declined by 42%; the South Beaches population declined by 66%; and the South Brevard mainland lost 53% of its scrub jays in that five-year period. She stated the report summarizes the situation that the Florida scrub jay is the species approaching extinction due to scrub habitat loss and overgrowth; time is not on the side of the Board; it has rejected some proposed measures in the past, and the situation has gotten worse; and inquired how much longer can action be postponed and the scrub jay still have a chance to survive on nonfederal lands. She stated the Sierra Club urges the Board to authorize Task Order No. 6 with The Nature Conservancy today; EEL funds are available for the salary; the Conservancy has recognized expertise in land acquisitions; and the State will pay $2 million for properties to benefit Brevard County. She stated it is extremely important to approve this practical and time critical measure now.

Commissioner O'Brien inquired what was the number of decline for South Brevard; with Ms. Todd responding the South Beaches population declined 66%, and the South mainland population declined 53% since 1993. Commissioner O'Brien stated the overall decline is 13.5% per year or about 50%; and the losses are higher in the South Brevard area than any other part of the County. Ms. Todd responded that is true, they are higher than the average. Commissioner O'Brien stated all but one of the study sites were in public ownership or proposed for conservation acquisition; South Brevard has the most scrub jay sites in public ownership and an abundance of scrub jays according to the Abstract; yet the County has lost more of the scrub jay there than anywhere else. Chairman Higgs stated it is because South Brevard has more birds; the South Beaches had a low number; once it gets to a low number, it is harder to sustain the birds; and it lost a large parcel on the beach that was the cornerstone of being able to keep a population on the South Beaches viable. She stated South Brevard does have the most scrub sites in public ownership; but it has only been a year or so that they have aggressively managed the sites. She stated the County has to own property in a significant magnitude to be able to manage it; and it is critical to manage it.

Discussion ensued on the loss of most scrub jays in the South end of the County, statistics contained in the study, habitat degradation, decline of the scrub jay population, contiguous habitat parcels and nearby territories, aggressive management, contrary studies, and why the numbers are inconsistent.

Ann Birch advised Brian Toland's study took the data from Dave Breininger's study from U.S. Fish and Wildlife Services, so they are the same study; the South Brevard scrub jay population is the fourth largest in the State according to the research; therefore, the decline has hit that area harder than any other area that did not have as large a population. She stated although there are jays in North Brevard, the population is not as large as South Brevard, so the decline percentage is not as great.

Commissioner O'Brien again referred to the report and studies. Ms. Todd stated there are numerous factors affecting why scrub jays decline in certain areas; and the decline requires some study. Commissioner O'Brien stated there were 150 pairs that declined to 46 pairs in 1999 or closer to 75%; but the report says 50% which are contrary numbers.

Commissioner Carlson recommended staff bring an agenda item that covers the status report by Brian Toland so the Board can review the conservation recommendations in the report. She stated the item before the Board is the Task Order No. 6; and she would like to conclude discussion on that item and have the other issues put on the agenda for further discussion. Commissioner O'Brien stated the details affect the properties about to be purchased and whether they should be purchased or not; and to justify hiring a person, the Board needs to look at the entire picture and determine the appropriate properties to be purchased. Chairman Higgs stated the study science said there were 150 pairs of jays in 1993 which declined to 46 pairs in 1999; that is greater than 50%; and that is what the cover page says. Commissioner O'Brien stated if it is 63% or 75% that is a quantum leap from 50%; so it should have stated a more accurate percentage.

Discussion ensued on the accuracy of percentages reported in the study, and what different factors go into calculation of those percentages.

Douglas Sphar stated it is good business to authorize the Task Order; negotiating land purchases with numerous property owners who are geographically distributed is a time consuming task that requires special skills; and hiring a specialist to take over the task is the best way to minimize problems. He stated existing County staff does not have time to divert resources to execute the acquisitions in a timely manner; the trend in industry is to bring someone in on contract to handle short-term specialized tasks; and when the task is done, the person is gone so there is no further liability. He requested the Board approve the Task Order.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to execute Task Order No. 6 with The Nature Conservancy to hire a full-time Land Acquisition Assistant for two years who would be dedicated to the acquisition of sites within the Brevard Coastal Scrub Ecosystem CARL Project, including Valkaria, South Babcock, Grissom Parkway, and Ten-Mile Ridge, funded by the EEL Program. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to direct staff to schedule the Brian Toland Report concerning scrub jays on the Agenda for further discussion by the Board.

Commissioner Voltz stated staff could just provide each Commissioner with the report; with Commissioner Carlson responding staff has given the Commissioners the report. Commissioner O'Brien stated staff should come back with numbers that are more accurate. Commissioner Carlson stated Brian Toland created a status report on the scrub jay last year; because of the discussion today, the report should come back to the Board as an agenda item for discussion of the recommendations in the report; and that is what she is requesting. She stated if there are discrepancies, staff can make sure they are clarified at that time. Commissioner Voltz inquired if Commissioner Carlson is not requesting a letter of clarification; with Commissioner Carlson responding the motion is to bring the report to the Board so everyone has an opportunity to read it; and it provides recommendations on different things the Board can do to reduce the decline of the scrub jays.

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

Chairman Higgs advised the U.S. Fish and Wildlife Services study indicates the scrub jays declined by more than 50% on public lands; the number on the abstract talks about 150 to 46 which refers to numbers on sites, numbers on public lands, etc.; but the 50% is on public lands. She stated that was her quote from the Breininger Report regarding public lands; she made her best effort to represent the accurate information; the numbers of 150 to 46 represent lands at different sites but not necessarily all in public ownership; so if there is a discrepancy in the numbers, that may explain it.

The meeting recessed at 10:46 a.m., and reconvened at 11:01 a.m.

PUBLIC HEARING, RE: RESOLUTION VACATING INGRESS/EGRESS AND PUBLIC UTILITY AND DRAINAGE EASEMENTS IN PROPOSED PORT ST. JOHN CENTER SUBDIVISION - MELVYN R. YUSEM

Chairman Higgs called for the public hearing to consider a resolution vacating ingress/egress and public utility and drainage easements in the proposed Port St. John Center subdivision as petitioned by Melvyn R. Yusem.

Assistant Public Works Director Ed Washburn advised staff has talked to Mr. Yusem about vacating some easements on the parcel and getting back what the County is giving up; and that can only be done through the platting process, so the plat and vacating should be done simultaneously. He requested the public hearing be continued until April 11, 2000.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating ingress/egress and public utility and drainage easements in the proposed Port St. John Center subdivision as petitioned by Melvyn R. Yusem to April 11, 2000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO DELTA GROUP ELECTRONICS, INC.

Chairman Higgs called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Delta Group Electronics, Inc.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Ordinance granting an economic development ad valorem exemption to Delta Group Electronics, Inc. located at 395 Gus Hipp Road, Rockledge, Florida 32955; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statute 196.012; providing for proof of eligibility for exemption; providing for an annual report by Delta Group Electronics, Inc.; providing an effective date.

Commissioner Scarborough advised Delta will supply industries with $40,000 plus jobs, so it assists the County in attracting high-paid jobs. Commissioner Carlson stated the Delta Group will be identified under the micro-electronics cluster.

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

PUBLIC HEARING, RE: ORDINANCE PROHIBITING OPEN BURNING, USE, SALE, AND DISCHARGE OF FIREWORKS

Chairman Higgs called for the public hearing to consider an ordinance prohibiting open burning, use, sale, and discharge of fireworks under certain conditions.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Ordinance prohibiting open burning, use, sale, discharge of fireworks if certain conditions are present; providing for enforcement; providing for penalties; providing for conflicting provisions; providing for severability.

Attorney Richard Torpy, representing Thunderbolt Fireworks, stated he has been representing the fireworks industry for almost 11 years throughout the State; and advised of what transpired when the Governor banned the sale of fireworks two years ago. He stated a lot of companies sell over the Internet and ship out of State from their local stores, which is allowed by Florida Statutes; that has no effect on fire or use in Brevard County; and a blanket ban on the sale of fireworks causes problems. He requested an amendment to make it clear that the ordinance is not intended to prohibit that, so his client can continue with those types of sales.

Chairman Higgs inquired where would that be inserted in the ordinance; and inquired if Mr. Knox is comfortable recommending language now or need time to review it; with County Attorney Scott Knox responding he would return with a revision. Mr. Torpy requested permission to work with Mr. Knox on the wording.

Mr. Torpy advised the ordinance picks 650 as the fire index drought conditions; the State uses 700; and he does not have a problem with the number because it is high, but has a problem with the State Department of Agriculture's measuring techniques. He stated unless they have changed, the measuring for drought index for Brevard County is done in Orlando; two years ago there were only 16 specific measuring sites in the State; and the interior of the State could be very dry while the coastal communities may not be because of the afternoon rains. He requested the Board look into that to see if it has been rectified, because Orange County could be experiencing dry weather while Brevard County could be at 400 of the index. He advised of his client voluntarily closing his store during the fires two years ago and putting up a sign thanking the fire fighters; and requested permission to work with County staff on that issue. Mr. Torpy stated two years ago when the County had a dire situation, the reports that came out a year later indicated the cause was not the lack of rainfall but the abundance of rainfall in February which created an early growth period and more vegetation during the drought period; consequently more fuel for the fires. He noted University of Florida did a study on that.

Commissioner O'Brien stated the ordinance only pertains to Brevard County; and it does not go too far controlling open burning, including camp fires, bon fires, trash burning, and other similar open incineration. He stated it could be amended to say when Brevard County's drought index reaches 650 if the Board can come up with a program to determine that so it is scientifically close enough to make a decision. He stated the ordinance errs on the side of safety and is more about open burning than fireworks.

Chief Bill Farmer advised while the Doppler is positioned in Orlando for the rain information, there are specific sites in Brevard County that receive specific wind velocity and relative humidity, so the drought index is specific within the zone of Brevard County. He stated he has colored photographs to show the variance which he can provide to the Board; there are some areas that are higher than the mean of today which is 592; there are some areas above that and some below that; so it is specific to the County as far as the three factors that are utilized, but they will work with Mr. Torpy.

Commissioner O'Brien inquired if the staff feels comfortable with the information it has and that it is relatively accurate for Brevard County; with Chief Farmer responding yes. Commissioner O'Brien stated if the Division of Forestry says the Brevard County index is 650, would staff feel that is the number; with Chief Farmer responding yes. Commissioner O'Brien inquired if setting up sites in the County is a waste of time; with Public Safety Director Jack Parker responding that is possibly true, but he would like to see if the Agriculture Center can conduct its own core samples for additional information.

Commissioner Scarborough recommended the Agriculture Center and Division of Forestry be invited to the next meeting; stated there are people with capacity to get into more of the science; and it would be worthwhile to have those people present.

Chairman Higgs inquired if the Board wants to make a motion to direct the County Attorney to include the language regarding sale of fireworks that are shipped out of state and Internet sales.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to direct staff to provide information concerning the drought index, and direct the County Attorney to include language in the proposed ordinance regarding out-of-County fireworks shipments.

County Manager Tom Jenkins recommended including the Fire Chiefs in the motion instead of only the County Attorney; with Commissioner Voltz responding they can work it out together.

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

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing on the ordinance prohibiting open burning, use, sale and discharge of fireworks until April 11, 2000. Motion carried and ordered unanimously.

REQUEST FROM STEVE XYNIDIS, RE: ASSISTANCE ON PRIVATE PROPERTY

Steve Xynidis presented materials to Commissioners, and displayed information on an easel. He stated everyone received a copy of the letter from Commissioner Scarborough; the letter stated he was not a resident of Brevard County.

Commissioner Scarborough stated he did not write a letter; and Chairman Higgs advised she does not have a copy of a letter from Commissioner Scarborough. Commissioner Scarborough stated his office sent Mr. Xynidis a copy of the Agenda Report which he did not prepare.

Mr. Xynidis stated he has been coming to Scottsmoor since the mid 1960's; he may sleep in Volusia County but lives in Brevard County and spends a lot of time here; and advised of his education, background as a teacher, coach, and physical therapist, and his work with conservation programs, Scouts, church groups, hospitals, and government programs. He stated he owns 112 acres in North Brevard; in 1988 he donated one acre and sold one acre to the County for Scottsmoor Landing Park; and requested cooperation to have Mosquito Control maintain the impoundment areas. Mr. Xynidis stated when he met with Commissioner Scarborough and staff, Mr. Minneboo asked him to write a priority list of things he would like to see done; his number one priority was addressing the mosquito problem; he suggested overlap spraying with Volusia County because the property is on the border of both counties; and he would like to get a solution to the problem. He stated University of Florida did research with hormone use for mosquito larvae which extinguishes mosquitoes; the potholes in the impoundments are natural breeding grounds for mosquitoes; there is a canal on a portion of the impoundments; and the canals could be continuous throughout the impoundments which would discourage a lot of the larvae being laid in the potholes. Mr. Xynidis requested the County maintain the canals because with high tides they overflow and damage the bike trails; and requested replacement of the dirt that was removed from his property. He stated he gave the County an easement to dig a detention pond on the west side of Huntington Road; he had a strip of land with elevated dirt and trees; he specifically asked the County not to remove the dirt and trees on his property; the dirt was removed; and he requested a dozen truckloads of dirt to replace what the County took, which was a lot more than a dozen truckloads.

Public Works Director Henry Minneboo advised his Department has tried to maintain that area; and Mosquito Control Director Jim Hunt can address the efforts he has made to control mosquitoes in that area. He stated the dirt is another issue; Drainage and Surface Water Director Ron Jones was on the site; staff had clear instructions when they cleaned the easement to leave the fill on the site; and Mr. Jones signed a letter stating they did not remove any of the fill. Mr. Minneboo advised his Department does not work on private property; this is a borderline case which staff is not capable of dealing with; but the Board has the authority to make that decision.

Commissioner O'Brien advised of the various programs that would fund improvements to Mr. Xynidis property; and stated it is inappropriate for the Board to start improving private property, so he cannot support it. Mr. Xynidis stated he is not asking for improvements, but is asking for the County to maintain the canal that overflows into his property so he can conduct programs that are worthwhile for the community.

Commissioner Voltz inquired if the canals are on Mr. Xynidis' property or do they belong to the County; with Mr. Minneboo responding he is not sure which canal Mr. Xynidis is alluding to, but if it is a publicly-owned canal, his staff would have no problem maintaining it.

Chairman Higgs recommended Mr. Xynidis meet with Mr. Minneboo to discuss the specific canal, and staff give the Board a report so it will know what transpired. She stated not having adequate information today, the Board cannot do anything.

Mr. Xynidis stated there is an additional mound of dirt and trees on his property that was left there; he will take a picture of that and bring it back to the Board and a picture of what was removed. He stated when he asked about return of the dirt, he was told there was too much debris such as trees and roots, etc.; and he gave the County an easement with the understanding it would not remove the big oak tree and the mound of dirt that overlooked the retention pond the County was going to put in.

Chairman Higgs recommended Mr. Xynidis put that information in writing and get it to staff so they can look at the specific issues. Chairman Scarborough requested staff comment on the issues.

Drainage and Surface Water Director Ron Jones advised the property adjacent to Mr. Xynidis' property is owned by Jack Cheers; there was activity on Mr. Cheers' property involving clearing performed by another individual who he believes was Mr. Xynidis; and it involved bulldozing into some wetland areas. He stated the Department of Environmental Protection found Mr. Cheers to be in violation; staff worked with Mr. Cheers to get his violation cleared up; and Mr. Cheers provided the County a three-acre easement over an existing marl pit which subsequently was developed into a stormwater pond at no cost for land to the County. He stated a mound of dirt existed on the east boundary between Mr. Cheers' property and Mr. Xynidis' property; in order to build the project, a temporary right-of-entry was secured from Mr. Xynidis to go in and move the dirt around; Mr. Xynidis specifically asked staff not to remove the dirt; and what staff physically did, in accordance with discussions held with Mr. Xynidis, was to level the material to allow them to construct the project. Mr. Jones advised the County does not enjoy any long-term benefit associated with Mr. Xynidis' property; in exchange the County provided a culvert crossing which enters Mr. Xynidis' property at a fairly significant cost; so from staff's perspective, they did not remove the material, honored the commitments made, and gave a lot more than the County received.

Commissioner Carlson stated Mr. Xynidis' main priority was the mosquito problem; and recommended Mosquito Control ensure they are doing all they can to control the problem. Mosquito Control Director Jim Hunt advised it is an actively managed area for Mosquito Control, and they do about everything they can to control the mosquitoes in that area.

DISCUSSION, RE: FUNDING OPTIONS FOR IMPLEMENTATION OF DRAINAGE PROJECTS IN DISTRICTS 4 AND 5

Chairman Higgs advised the Board needs to set priorities to solve the drainage problems; and there is no way to use one financing source to solve it, nor is bonding stormwater utilities funds or creating drainage districts the answer. She stated the Board has to look at existing mechanisms, including gas tax, MSTU, stormwater utility, and potentially exterior funding from the State and St. Johns River Water Management District, and put those together to start solving the problems.

Commissioner Carlson inquired if allocating local option gas tax funds is a viable option; with Drainage and Surface Water Director Ron Jones responding in order to utilize those proceeds, it would require revisiting of the list previously approved by the Board of which projects to assign priorities; and it may also involve a minor bond modification.

Chairman Higgs stated the Board has to look at gas tax and the projects to determine if there is a way to use MSTU funds or impact fee revenue on road projects because the situations need to be addressed in the next two years. She suggested going back and looking into the gas tax projects and reaching into other revenues to deal with road projects to see how they can be done because the drainage projects must be done. Commissioner Carlson stated the Board may want to consider any cash forward and reserve funds to attack the problems.

Commissioner O'Brien stated it would be inappropriate to use gas taxes for stormwater or flood control; if the water shed is created by flooding from the road, that is a different process, but the Board is looking at entire areas for stormwater control, collection and distribution back to the river; and gas taxes should be used for transportation projects only. Chairman Higgs stated it is an appropriate source because of the way it was created; and requested Mr. Jones advise the Board how gas tax may be appropriate. Mr. Jones advised the analysis for all those areas, which constitute 26,000 acres in Districts 4 and 5 and part of 3, almost invariably identified every project as a road crossing and inadequately-sized culvert crossing which is part of the actual road structure, and not the size or depth of the ditch or the conveyance facility itself; and that would make it eligible for gas tax funding. He stated stormwater utility funds need to be used to help construct other features of the proposed improvements such as retention and detention ponds; so it is a matter of leveraging and combining those funds. He stated use of stormwater utility funds is good in terms of being able to attract grants from different agencies to get those projects expedited.

Commissioner O'Brien stated the stormwater master plan projects are Crane Creek which is in Melbourne, Sarno Lakes which is in Melbourne, and Upper Eau Gallie which is essentially in Melbourne; and inquired if all the drainage pipes in that area are insufficient and cause flooding while the rest of the County is all right. Mr. Jones responded no, but those heavily urbanized areas had a significant amount of growth in a short period of time and created conditions where they do not have adequate funds in those specific areas. He stated the Cities of Melbourne and West Melbourne have come forward and are going to actively participate with the County, pledging upwards of $1.5 to $2 million which staff also hopes to leverage with grant funds. He stated the Crane Creek area was previously a drainage district; it was abolished by the State Legislature; and the County inherited it with no funding source to maintain and provide improvements in it.

Commissioner O'Brien stated when the Board discussed transportation issues, it looked at all the roads Countywide for the future of Brevard County, and then looked at which roads were more appropriate to work on now versus later, and where the funding would come from; and with this item, it is looking at a finite scale at a price tag of $12 million without looking at problems with flooding in Port St. John, Cocoa, West Cocoa, Merritt Island, South Beaches, etc. He stated before he can agree with the projects, he wants to see the larger picture and the severity of problems Countywide then look at solutions rather than address these projects as a Band-Aid approach.

Commissioner Carlson advised staff has been working hard to create the water sheds and to figure out the drainage issues, especially in District 4 where they had tons of flooding from the hurricanes last year, primarily in the older sections. She stated the problems have existed for a long time; the quantities of water going through those pipes are massive; and the existence of infrastructure is deficient, so she would be happy to look at the gas tax. She stated Pineda Causeway has an allocation of $12.5 million; they may not use all that money in one year and could shift some of it to help with the flooding problems because homes are going to be destroyed again if there is another major hurricane event. Chairman Higgs stated the projects started after Hurricane Erin, and they have been the same projects every time there is a major event, so they are not going away. Commissioner Carlson stated people are screaming because their homes have a lot of damage, and that is not right. Commissioner O'Brien stated he gets the same phone calls in North Merritt Island of houses taking water as well as in North Cocoa; and Messrs. Minneboo and Jones are aware of those areas and some areas of Central Merritt Island which are not being addressed in this project list. Commissioner Voltz requested Mr. Minneboo address it.

Public Works Director Henry Minneboo advised the County had two significant floods in four years; it has been fortunate to shake them in other areas; but they cannot get a handle on this area, and have done everything they can. He stated one of the parts that is extremely important is the crossing of Wickham Road that is all part of the upland area of the basin; it is very significant; and that is why staff is trying to address that today.

Commissioner O'Brien inquired if the pipes were adequate ten years ago; with Mr. Minneboo responding he is not positive, but there has been a lot of development throughout the entire area, so they are addressing more significant issues today than they did 10 or 12 years ago. Mr. Jones advised the problems that exist in the areas currently outlined are primarily associated with 30 to 40 years of growth; it is not something that happened in the past five years; and since about 1982, the County and Water Management Districts have fairly significant drainage standards which require new development to provide for additional volumes of stormwater and attenuating the flow so it does not create adverse impact to the down stream properties. Mr. Jones stated where the County is now, which is much the same as the rest of the State, is catching up from a period of fairly unregulated growth; there are significant deficiencies in some of the piping systems that were installed previously which need to be upgraded; but in the future most of the drainage standards in effect now are going to assist in keeping this situation from recurring. He advised the Board took action to look at areas of special concern from a watershed perspective and whether or not additional standards need to be developed in some specific areas; and that will go a long way towards preventing the problem from recurring in a short time. Commissioner O'Brien stated these projects amount to $20,000 per residential home for 500 homes; that is a large ticket; and if there were 1,000 homes, it would be $10,000 per structure, etc.; however, it is not only the price tag that concerns him, but what caused the effect and what is the County doing to prevent it from occurring again. He inquired if there is a way to contemplate the lack of sufficient drainage improvements for an entire area where people sell lots one at a time and construct houses. Mr. Jones advised a lot of the issues were created over a long period of time and are not related to how business is done today and what staff does in terms of the standards and requirements that are in place for new construction. He stated the problem is funding for the projects in that specific area is more severe than in Districts 1 and 2 because Districts 1 and 2 generate more revenue and are able to address a lot of the issues with stormwater utility funds. He noted it does not mean that North Merritt Island does not have problems; North Merritt Island has a very fine plan that will be implemented; it is funded over a multi-year period; and they can see the end of the tunnel on North Merritt Island in providing those improvements. Mr. Jones stated they cannot see the end of the tunnel in terms of providing improvements for the subject areas; it is a matter of how much funds are generated from various sources whether or not they can apply them successfully to bring it to closure and have those projects implemented in a reasonable time frame; they do not see it occurring in the subject areas; and that is why it was brought to the Board's attention. Commissioner O'Brien stated that is a better answer.

Commissioner Scarborough stated most of the solutions on Attachment 1 are in Districts 4 and 5; if those Districts see a way that will work, he does not want to stand in their way and say they cannot move money around; but if the Board goes back and reallocates gas taxes, it will impact everything. He stated if something happens with Pineda Causeway, it could get more expensive rather than cheaper; the Board needs to move forward, but he needs more than a short presentation; he needs to know the drainage patterns and where the primary problems are in the three areas; so if the Board has to get into prioritizing again, he would have the ability to comment in a more informed way before he votes on it. He stated it is basically Districts 3, 4 and 5, and he wants to help them make it work; but he needs more information about the mechanics of it.

Commissioner Voltz stated there are quite a number of issues that need to be worked out; and she has not met with staff on the projects and funding options, so she will move to continue for two weeks.

Motion by Commissioner Voltz, to continue discussion on funding options for implementation of drainage projects in Districts 4 and 5 and part of 3 for two weeks.

Commissioner Carlson suggested staff draft examples of how the Board can solve some problems using funds it is interested in using; a perfect example is Harlock/Aurora Road intersection where they used 24-inch pumps over a long period of time to try and drain some of the properties out there; and Aurora Road has insufficient drainage. She stated the area around Sarno Road, the Fountainhead area, was in three feet of water after Hurricanes Floyd and Irene; that area is crucial; and staff could work the numbers to determine how much it will cost and make it more understandable for everyone. Mr. Minneboo noted he thinks they understand what the Board wants staff to do; and requested April 25, 2000 to come back with a report. Chairman Higgs instructed staff to return with more detailed information on April 25, 2000 and meet with each Commissioner to discuss the details of the basin prior to the meeting so they can make better judgments as to the funding as well.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table discussion on funding options for implementation of drainage projects in Districts 4 and 5 and part of 3 until April 25, 2000, and direct staff to provide more details, including funding options, and meet with each Commissioner prior to the meeting. Motion carried and ordered unanimously.

Commissioner Voltz stated people watch the weather and are scared when there is a pending storm event, so they leave home; they had water up to their windowsills several times; and one man did not have insurance because it was not in the flood zone. Chairman Higgs stated the water comes down upon the people around Crane Creek, but fortunately the Country Club bridge was done so the water moves a little better; however, they were under water two times, so the work needs to be done.

Commissioner O'Brien stated he noticed flooding in the area that is totally private property where the property owner is renting lots for mobile homes; and he wants to make sure the County is not using public funds to resolve that person's problems for his renters. Mr. Minneboo stated the County is not helping the property owner; he has a responsibility to get to the County ditches; and he is trying to accomplish that now. Mr. Minneboo stated the County system cannot handle much more of their water; and that is one of the problems.

APPROVAL OF LETTER TO BREVARD LEGISLATIVE DELEGATION, RE: COUNTY REVENUE SHARING PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize a letter to the Brevard Legislative Delegation requesting its support for continuation of the County Revenue Sharing Program even if alternative funding source is available. Motion carried and ordered unanimously.

DISCUSSION, RE: BILLBOARDS ALONG STATE HIGHWAYS

Commissioner O'Brien advised there is a problem with billboards along State highways in residential areas; and recommended the Board discuss it before the Delegation hears about it and try to affect a change to the law so populated Brevard County can enjoy the aesthetics like others who live in the cities.

County Manager Tom Jenkins advised it would be difficult to do that this session because they are well along; and it may be something to consider for next year.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to include in the first legislative package for next year, a request to change the laws to allow discontinuance of billboards in residential or highly-dense areas; and instruct staff to bring it back to the Board prior to being heard by the Delegation. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 11:58 a.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)