The Board of County Commissioners of Brevard County, Florida, met in special session on September 19, 1997, at 10:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Truman Scarborough.

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

REPORT, RE: COMMITMENTS TO THE BOEING COMPANY

County Manager Tom Jenkins advised the Economic Development Commission requested the County Attorney compile the terms and conditions of commitments made by the Board to the Boeing Company; and requested authorization for the County Attorney to execute a document listing those items for presentation to the Boeing Company next week.

Commissioner Cook inquired if they would be the items the Board previously voted on; with Mr. Jenkins responding yes. Commissioner Cook stated the Governor, Senate President and Speaker of the House have signed a letter regarding incentives the State is looking at.

Motion by Commissioner Cook, to authorize the County Attorney to execute a document listing the items, terms and conditions of commitments made by the Board to the Boeing Company.

Commissioner Voltz inquired if Mr. Knox approves the items on the list; with County Attorney Scott Knox responding it looks like everything he can recall the Board authorized. He noted it may come up in some kind of agreement in Atlanta.

Chairman O'Brien inquired if Mr. Knox needs permission to travel; with Mr. Knox responding yes. Mr. Jenkins advised a staff person will accompany Mr. Knox.

Motion by Commissioner Cook, to amend the motion to include approval of travel for Mr. Knox and a staff person to Atlanta, Georgia, to make a presentation to the Boeing Company. Commissioner Voltz seconded the motion as amended.

Commissioner Higgs requested clarification of the tax exempt interest rate on MSBU payments; with Mr. Knox responding under normal circumstances when the Board finances that way, it issues tax exempt interest bonds. Commissioner Higgs stated the Board has a tax exempt bond, but it cannot provide the same to the Boeing Company. Mr. Knox stated it would be the equivalent of having a bond with a tax exempt interest rate. Commissioner Cook inquired if the interest is paid to the County; with Mr. Knox responding yes. Commissioner Higgs stated the Board cannot authorize the Company to have a tax exempt status; and recommended the County Attorney clarify it.

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

REPORT, RE: SOLID WASTE TRANSFER

Commissioner Cook advised at the budget hearing he brought up the Solid Waste transfer; and inquired if Mr. Holley's comments and recommendations will be followed; with County Manager Tom Jenkins responding yes.

REPORT, RE: LEGISLATIVE PACKAGE

Commissioner Voltz advised the Legislative Delegation will meet in Titusville on Monday evening; and inquired what has been put together to present to the Delegation and at what meeting; with County Manager Tom Jenkins responding staff is in the process of assembling that package; they solicited input from Department heads and Commissioners; and he will put it on the agenda in the near future. He noted they rarely are ready for the first hearing; however, the other two hearings are on Tuesday evenings, so Ms. Luba is communicating with the Chairman's Office to work something out where the Board can submit its package to them.

Commissioner Cook advised the Commissioners can check with Ms. Luba to find out what has already been suggested so they do not duplicate suggestions.

Chairman O'Brien requested Ms. Busacca contact his office Monday afternoon as he has four ideas he would like to bring to the Board.

DISCUSSION, RE: VALKARIA AIRPORT MANAGEMENT OPTIONS

Vince Rakstis, aircraft owner and pilot, spoke against deeding Valkaria Airport to Melbourne Airport Authority; stated general aviation airports are assets to communities; Valkaria will be an asset and will work well with the community; and it will be self-sufficient and not require support from local landowners. Mary Jo Faden opposed quitclaiming Valkaria Airport to Melbourne Airport Authority; and stated hiring a manager is the answer. Ron McGee urged the Board not to back off, to address the issue, and not hand it off to someone who would not be able to do a better job. Robert Varley opposed the Melbourne Airport Authority give away program; stated the Board said it would maintain and operate Valkaria Airport as a recreational facility; Mr. Johnson said he would continue the policy of real estate development; and inquired where is the competitive bidding process. He recommended hiring professional management. Patrick Murphy stated it will be a mistake for pilots to give management of the airport to Melbourne, and it will be bad for the citizens as well. Curt Lorenc indicated poor management by Melbourne Airport Authority, Mr. Johnson did not attend the Homeowners Association meeting, only two people were in favor of giving the airport to the Authority, and Melbourne City Council's concerns about the Authority discussing the airport with the Board. He requested the Board keep Valkaria Airport. Gean Mularczyk requested the Board support the Valkaria residents. Martin Hadley advised general aviation cannot be done at international airports, and Valkaria could be a premium area in Brevard County. Janis Walters opposed giving Valkaria Airport to an unelected body, presented more petitions, and recommended professional management. Del Yonts, Chairman of the Valkaria Airport Advisory Board, advised general aviation will be limited under Melbourne Airport Authority, and there will be no input from pilots and residents. He stated FAA recommended limiting Runway 9/27 to crosswinds exceeding ten knots; and noted what happened at the Advisory Board meeting. Steve Capparusso opposed giving Valkaria Airport to Melbourne Airport Authority; and recommended getting a good County Airport Manager. Dewy Leidal supported not giving a valuable asset to Melbourne; and recommended whoever is in charge have authority and power to provide good airport management. George Weaver stated the Emil Buelah Trust is dedicated to the support of general aviation, and if they can help the County, they would like to do it. Barbara Ray advised Melbourne wants the deed and not only management; and opposed giving it the deed. She indicated it may be possible to have F.I.T. management or a part-time manager with expertise; and recommended enforcement of the rules. Arthur Irvine, President of Valkaria Homeowners Association, advised without ownership the County will have no authority and cannot do what may be practical; more information is needed; and the only way to get it is to allow the process to continue. Jim Soldini advised his airport is not maintained and Melbourne Airport is; and the solution is to turn it over to Melbourne Airport Authority whose job is to run airport property and not be governed by people who yell fire in the auditorium. Linn Walters indicated problems with political management, and requested sound management. Mark Cannon, owner of FBO at Valkaria, recommended putting the airport in the hands of Melbourne Airport Authority for effective management; stated part-time management will fail; and the Board does not have technical expertise to run an airport. Judy Nash opposed the County giving away the land and funding a study. Richard Adams stated the community and aviators are united on the airport issue; advised of past problems with airport management; and recommended the Board provide more support to the airport manager to get the job done. Chris Gast stated they all agree competent management is needed, but Melbourne Airport Authority is not the proper agency; and recommended the Board advertise for a manager and not give away 660 acres in Valkaria.

Commissioner Cook advised he just received a synopsis and does not recall a decision by the Board on connection fees over ten years; with County Manager Tom Jenkins responding the Board did not discuss it, but Boeing asked to avoid it in its entirety.

Chairman O'Brien advised staff can review the minutes; however, the Valkaria Airport issue is a public item on the Agenda, and after it is completed, the Board can discuss the Boeing issue. The meeting recessed at 11:24 a.m. and reconvened at 11:46 a.m.

Commissioner Higgs advised she sent out a memo outlining what she thought was the best course of action; explained the memorandum issues; and stated the problems are solvable; hiring a professional manager will work for the airport; indecision got the issue to this point; and the Board can rectify it by making a decision. She advised of the TICO Airport problems and progress; and stated if the Board gives Melbourne Airport Authority Valkaria Airport, it will be permanent and will impact the people's access to elected officials. She stated the Board should continue to operate it to support recreation, aviation, and government uses.

Motion by Commissioner Higgs, to direct the Parks and Recreation Director and County Manager to hire an airport manager as quickly as possible.

Commissioner Scarborough stated he would oppose the airport manager reporting to anyone other than the County Manager. Commissioner Higgs advised of other airports operating that way; and stated she would support that.

Commissioner Voltz stated she does not support an airport manager because of political influence from the District Commissioner. She stated transfer of the deed would need to be done in the due diligence that would show what will take effect upon the transfer, and that the County would have the ability to take back the property if not operated properly. She stated if Melbourne takes it over and paves the runway, the County residents will not have to pay for it; and in the due diligence they should agree to the District Commissioner being on the Airport Board. Commissioner Cook stated liability was a main reason that the Board looked at professional authority like Melbourne to be in control of the airport; and inquired if it would be part-time; with Commissioner Higgs responding the County Manager had concerns about part-time, but she was trying to stay within the Board's adopted budget and have sufficient funds to hire a manager and for the grant match for the runway. She noted those revenues do not come from the General Fund and are generated from the Airport.

Commissioner Cook gave a historic synopsis of Valkaria Airport's operation; advised of significant conflicts; stated something needs to happen to codify the rules; and noted he is not qualified to act as an airport authority.

Commissioner Higgs advised what she suggested would be for an interim period of one year when the Board would act to expedite the decision-making process; there are not that many decisions that need to be made regarding the airport's management; and input can be given directly to the Board from citizens on issues of concern. She advised of decisions that were not implemented, safety issues, and her motion to hire a full-time manager. Chairman O'Brien stated the motion did not say full-time. Commissioner Higgs stated if the County Manager feels part-time can be effective, she is not opposed to that; the staff at the airport has been instrumental in tremendous improvements; and suggested the Board authorize the County Manager to employ appropriate airport management.

Commissioner Scarborough advised the Board has a responsibility to all taxpayers to protect them against risks; the airport is an asset and also a risk; and the Board needs to discuss whether the asset exceeds the risks. He stated he wants to insulate the County by getting someone who can take control; and a part-time person will not do that.

Commissioner Cook stated he does not want to hire a person full time who would sit there for six hours a day reading magazines. He stated it is a rural airport with some activity, but he is not sure it justifies a full time person; and if the Board is going to operate it, it should start at part time. Commissioner Scarborough stated he does not have a problem with that if the part time will bring it in order and is of the caliber required and not politically scrutinized. He stated the person will have to implement rules that were not implemented before; and it will not be an easy job. Commissioner Higgs recommended the County Manager have the discretion knowing the Board's preference is to look at other options other than full-time, but to get a qualified individual. Commissioner Voltz stated a part-time manager will not accomplish anything because a good person would not be looking for a part-time job. She stated a full-time manager will not have enough to do; and that is why Melbourne is appropriate to come in and get everything done that needs to be done, then manage it on a part-time basis. Commissioner Cook inquired if the study could be done in 30 days instead of six months; with Melbourne Airport Authority Director Jim Johnson responding Embry Riddle Aeronautics University has a professional consultant firm; they could get a very reasonable rate to do a study; and it could be done in about 30 days. Mr. Johnson stated if they had to do it in-house, it would take longer.

Mr. Johnson advised Melbourne Airport Authority intends to hold public hearings, if the Board decides to turn the airport over to the Authority to provide for public input; and that is part of the due diligence. He advised of reasons why he told Mr. Lorenc it was not appropriate for him to speak at the meeting as the Authority was not making a decision on Valkaria Airport.

Commissioner Cook recommended the Authority proceed with the study if it can be done in 30 days and return with its due diligence, and the County Manager find out what it would cost to get a competent airport manager part time and full time so the Board will have both options to consider and be in a better position to make a final decision. Commissioner Cook stated the golf course was never a part of this issue. Commissioner Voltz recommended the due diligence include a seat on the board, reverter clause, and the County retaining land use and zoning authority.

Commissioner Higgs stated if the Board philosophically thinks it is the right course of action to give away 600 plus acres of land, it is in a position today to make that decision; and to put it off puts the Board in a more difficult position in terms of management. She recommended the Board direct the County Manager to assess either a part or full-time manager and come back to the Board with that information. Commissioner Cook stated he is not advocating giving it away, but the Board did ask the Authority to look at it. Mr. Johnson stated he does not understand the giving away of land; the land is not going anywhere; the use is not going anywhere; it is going to be the same use whether the County or the Authority operates it; and it is going to be an airport, as there are covenants and restrictions in the quitclaim deed that must be adhered to. He stated FAA has a reverter clause it can implement when those covenants and restrictions are not adhered to.

Discussion ensued on the Board of County Commissioners acting as the airport board, part time or full time manager, and time period for Melbourne Airport Authority to do a study and return with a proposal.

Mr. Johnson stated their proposal is to allow the Board to make a decision today; and if it wants to turn the airport over to the Authority by quit-claim deed, then they would proceed with a costly and time-consuming study. He stated they are not interested in proceeding with a study if the Board wants to come back at another meeting and decide to hire a manager. Commissioner Cook stated he cannot make a decision to turn over the airport without seeing the Authority's final proposal.

Discussion continued on a feasibility study, commitment from the Board to turn the airport over to the Authority, District 3 Commissioner on the Airport Authority Board, and control over zoning.

Mr. Johnson stated there are two at-large seats on the Airport Board that any Commissioner or Valkaria resident can serve on; and there is a Chamber of Commerce seat anyone can serve on if they belong to the Chamber. Commissioner Voltz stated the Board wants a guarantee that the County will have input on that Board; with Mr. Johnson responding he cannot give that guarantee, and who could give that assurance is the Airport Authority or City of Melbourne. He stated it is part of the City's Charter and an Ordinance setting up the Authority, so it would require a change to the Charter.

Commissioner Scarborough supported the County Manager determining the viability of bringing in a good airport manager and Commissioners articulating their concerns of what they would like to see from Melbourne, because there is no reason for Melbourne to do a due diligence if the Board has fundamental problems with how it would be structured.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize the County Manager to determine what is available in terms of airport management, what the applicant pool for an airport manager may be, and the cost, etc., hopefully part-time and within existing revenues.

Chairman O'Brien advised a new motion has been clarified by Commissioner Cook and seconded by Commissioner Higgs; and called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.

Motion by Commissioner Cook, seconded by Commissioner Voltz, that the Board move forward and direct the County Manager to draw up a proposal or criteria that the Board feels need to be met if the Board is looking at turning over Valkaria Airport to the Melbourne Airport Authority, including a reverter clause, representation on the Authority, etc.

Commissioner Scarborough stated a proposal or criteria needs to be formalized by a majority vote of the Board; and suggested each Commissioner send Mr. Jenkins their suggestions and he schedule it for Board discussion. He inquired if it would be acceptable to include that in the motion.

Commissioner Cook and Commissioner Voltz accepted the amendment to the motion as suggested by Commissioner Scarborough.

Commissioner Cook stated Mr. Johnson wants to know whether the Board has conditions that would be unacceptable to them; there is no reason for the Authority to spend money for a study unless the Board decides to go forward; and it is something the Board needs to deal with at the County level. Commissioner Higgs stated deeding away the property is totally unacceptable to her; and she will think of conditions to suggest, but cannot support the motion.

Chairman O'Brien advised the motion is for criteria for possible turnover of Valkaria Airport to Melbourne Airport Authority, and Commissioners send suggestions to the County Manager for development of the criteria to be brought forward and put back on the Agenda in the future. He called for a vote on the motion as amended. Motion carried and ordered; Commissioners Higgs and O'Brien voted nay.

Commissioner Cook suggested two weeks for the Board to make a final decision.

Discussion continued on deeding over the Airport, reverter clause, liabilities, a Valkaria airport authority, and revising the Ordinance and codifying the rules.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to revise Ordinance No. 80-19 and codify the current airport rules and regulations.

Chairman O'Brien advised the motion is to revise the Ordinance and codify the rules for touch-and- go and no stop-and-go on Runway 9/27 and no touch-and-go on Runway 14/32. Commissioner Higgs stated it also includes other changes to the rules. Chairman O'Brien stated if the Board outlaws touch and go on both runways, they will go to Merritt Island Airport, and he would have the problem.

Commissioner Higgs stated maybe there is a way to not have either activity on Runway 14/32 and on Runway 9/27 in cross wind conditions only; and included that in the motion. Commissioner Cook accepted the amendment to the motion if it is only for permission to advertise the changes for a public hearing, as FAA may not allow prohibition of touch-and-go. Commissioner Higgs stated she received communication from FAA and believes the Board can legally put significant operational restrictions on those activities.

Chairman O'Brien suggested limiting touch-and-go from 9:00 a.m. to 3:00 p.m. rather than completely eliminating it, as pilots do that for training and to heighten their skills. Commissioner Higgs stated if it is not precluded on all runways, there are some policies the Board could adopt. DISCUSSION, RE: VALKARIA AIRPORT MANAGEMENT OPTIONS (CONTINUED)

Commissioner Voltz requested clarification of the motion.

Commissioner Higgs advised the motion is to direct staff to advertise revisions to the Ordinance and codify the rules for no touch-and-goes and no stop and goes on Runway 9/27 and Runway 9/27 only in cross wind conditions, and no touch-and-goes on Runway 14/32. She stated if the Board is not comfortable about that, it could advertise operational changes on runways and talk about each runway. Chairman O'Brien stated that would leave it open and not confine it by the advertisement, so he could support it. Commissioner Voltz stated she does not support limited use of runways because it is an airport. Commissioner Cook revised his second to the motion to include operational changes. Commissioner Higgs advised other policy changes need to be made in the Ordinance that are not consistent with how the airport is currently operating; and the motion is to direct staff to advertise a public hearing. Commissioner Cook inquired if the purpose is to allow the Sheriff to enforce the rules; with Commissioner Higgs responding yes, and to update the rules to be consistent with current operations.

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

Commissioner Cook advised if there is no interest in additional representation or reverter, the Board would not have to come up with a proposal; and if it is not going to work, there is no reason to go forward.

Motion by Commissioner Cook, that if Melbourne Airport Authority is not interested in additional representation or a reverter clause, there is no reason to go forward.

Commissioner Scarborough stated the Board should have the opportunity to say yes or no; it should define what is minimally acceptable and draw the line; and request the Authority address those issues to determine if there is a need for further dialogue. Commissioner Cook stated Mr. Johnson could go to his Board, and if it says it is not interested, that would conclude the issue. Commissioner Scarborough stated the Board should formalize something to the Airport Board and have it respond.

Commissioner Cook withdrew the motion. Commissioner Cook stated he considered contracting out management of the airport by a management agreement, but the quit claim deed is a whole other factor, so they may be at an impasse.

Chairman O'Brien suggested creating a Valkaria Airport Authority like MIRA and giving the District Commissioner all the appointments to that authority, and the General Fund pay for the manager. Commissioner Higgs stated there is revenue in the budget to cover the cost of a manager. Chairman O'Brien stated if the Board creates an airport authority, it could reduce the General Fund support each year and give it five years to come up with financial parity; it would allow local residents to have input to a public board and address problems in a different way; and the District Commissioner would appoint the chairman but not sit on the authority. Commissioner Higgs suggested a special district and the people in Valkaria elect the members. Chairman O'Brien stated F.I.T. could provide part-time professional expertise.

Commissioner Cook advised the people are represented by the District 3 Commissioner and every Commissioner on the Board; it is their responsibility to act and do what is in the best interest of the citizens on both sides of the issue; and looking at a management agreement with F.I.T. could be a possibility. Commissioner Scarborough recommended the County Manager's instructions be extended to look at those issues as well as to work out a management agreement with F.I.T.

Commissioner Higgs advised she had discussions with F.I.T., and there is a member of the staff here; but what she gleaned is they are not in a position to enter into any type of arrangement to manage Valkaria at this point. The staff member from F.I.T. responded that is correct. Commissioner Higgs stated there are people at F.I.T. who have expertise and can serve as consultants to the Board, but it would be outside their role with the University.

Commissioner Voltz advised one petition said the County was giving away the golf course, and it is not; and if petitions are to be collected, the truth needs to be in those. She stated if District 3 Commissioner cannot sit on the Melbourne Airport Authority, she would not support transferring Valkaria Airport.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to resurface Runway 9/27 and authorize the Chairman to sign an agreement with Florida Department of Transportation.

Community Development Administrator Peggy Busacca advised the County Attorney's Office made two changes to the resolution; they recommended "hereinafter called the project" be inserted after 9/27 in the third "Whereas", and the first "Therefore" read, "The Board of County Commissioners of Brevard County, Florida, hereby recognizes through the Joint Participation Agreement that Florida Department of Transportation will provide 80% for the project at Valkaria Airport and Brevard County will provide 20% for the project."

Commissioner Higgs included the County Attorney's changes in the motion; and Commissioner Cook accepted the changes in the second.

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

Commissioner Higgs advised revisions to the Airport Layout Plan and Airport Master Plan should be included and assumed to be part of the Airport Manager's responsibility as he or she comes on board; and recommended the Board direct the County Manager to include those in the responsibility of the airport manager.

Motion by Commissioner Higgs, to direct the County Manager to include revisions to the Airport Layout Plan and Airport Master Plan as part of the airport manager's responsibility.

Commissioner Voltz inquired where would the money come from; with Commissioner Higgs responding the person who would be on board should have the technical expertise to be able to do those; and if not, then it should come back to the Board to get those two things done. Commissioner Cook inquired if that would be part of his or her responsibilities when hired; with Commissioner Higgs responding yes. Chairman O'Brien inquired if the part-time manager could be a consultant instead, as MIRA has a consultant instead of an executive director, and it is working well. Commissioner Higgs stated if Mr. Jenkins is comfortable that a proper contracting relationship can be drawn up, she would entertain that possibility. Commissioner Cook recommended it be left open for a manager, not only for management agreements with individuals, consultants, or F.I.T.

Commissioner Cook seconded the motion, with the condition it be open to look at other options.

Commissioner Voltz advised it will take tremendous expertise to do an airport layout plan, and she cannot see a part-time person being willing to do that. Commissioner Cook stated the Board is only asking that they go through the plan and forward recommendations to the Board. Chairman O'Brien stated the airport layout plan has been created; all the new person would have to do is update it and bring it back into focus; and the Valkaria homeowners have also tried to write an airport layout plan which would be reviewed by the consultant or manager.

Chairman O'Brien advised the motion is revised to include the airport layout plan and airport master plan as part of the responsibilities of the manager. Commissioner Voltz stated if it does not cost extra, she does not have a problem with it. Chairman O'Brien stated part of the motion would be that the plans not cost undue extra expense without coming back to the Board.

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

Commissioner Higgs inquired if the Board wanted to take action regarding the Valkaria Airport Advisory Board, thank them for their services, or deal with it in the revised ordinance; with Chairman O'Brien responding he would prefer to create an airport authority and the Board decide whether it would be appointed by the District Commissioner or elected locally. Commissioner Higgs recommended the Board deal with that in the ordinance.

Chairman O'Brien stated he would not want to micro-manage Valkaria Airport; if the Board were to take over the Airport, it should be done at regular Board meetings; and as with MIRA, he does not want to manage a redevelopment agency. Commissioner Higgs stated the Board has to be involved to monitor the agency. Chairman O'Brien stated the District Commissioner could monitor the board to see if it is heading in the right direction. Commissioner Higgs noted it may require changes to DISCUSSION, RE: VALKARIA AIRPORT MANAGEMENT OPTIONS (CONTINUED)

the ordinance. Commissioner Cook stated if the Board goes with an airport manager, he or she should have input on that. Ms. Busacca stated it was envisioned that a separate ordinance would be required to put together an airport authority; and inquired if the Board wishes to direct staff to draft an ordinance so it can discuss it. Commissioner Cook stated he is not sold on an airport authority; Commissioner Voltz stated she is not ready either; and Commissioner Higgs said no.

Commissioner Higgs expressed appreciation to the Board for its attention to the issues and thoughtful decisions.

The meeting recessed at 1:18 p.m., and reconvened at 1:31 p.m.

County Manager Tom Jenkins advised the Board had questions about the sewer connection fees and whether or not anyone was previously informed of that; on September 11, 1997, staff sent a letter to Economic Development Commission making it aware of the fees; Ms. Busacca and staff did calculations and concluded the wastewater package will be a cost savings to Boeing as opposed to other alternatives; and it is actually the least costly of the options for wastewater service.

Commissioner Cook advised the letter to the Boeing Company makes no mention of the $1,000,000 connection fee; the Board never discussed or voted on a ten-year period for the connection fee, no greater than $1,000,000; and somebody added it.

Community Development Administrator Peggy Busacca advised on September 9, 1997, the Board saw the estimated cost of constructing a new package plant at $1,000,000; in order to use the money from the Enterprise Fund to relocate the package plant, they had to treat it as if it was a part of the County's System; so when staff was directed by the Board to use the County System, the $1,000,000 connection charge was calculated the same way that it has been calculated for all projects of similar size. She stated the ten-year period was done by her based on the Board's direction that it was very important to allow the period of time that it was to be paid out; it talked about a present value calculation and that it was to be done for as long a period as possible to put that cost out; and allowing connection charges to be paid over a period of years has been done twice before by the Board.

Commissioner Cook stated it should have still come before the Board and been a policy decision of the Board; the letter that went to Boeing made no mention of this fee; Ms. Weatherman could not recall it; and he does not want it to go up to Atlanta and the Boeing people say no one told them about the million-dollar connection fee. Ms. Busacca advised she has been dealing with Franck Kaiser because Ms. Weatherman has been out of the office dealing with Enterprise Florida; Mr. Kaiser asked her before it was decided by the Board what was on the Agenda, and she provided that to him; and she believes a letter was transmitted to Boeing prior to receiving anything from the Board. She noted she advised Mr. Kaiser they should not do that until they receive a letter from the County. Commissioner Cook stated the County is trying to close a deal on a delicate negotiation; they may have done their calculations and gone through the whole process and are looking at the bottom line; it may not have been factored in; and that is a good way to kill a deal. He stated it may not be in the contract the Board authorized the County Attorney to sign because Boeing put together a contract based on what it thought the incentives were from the County; and if it is not part of the contract, it would be a problem when the County Attorney goes there, because it would have to be added into the calculation. He stated he does not want to do anything at this late date that may jeopardize the negotiations.

County Manager Tom Jenkins advised the deadline was September 12, 1997 as the cutoff date for providing information to Economic Development Commission in terms of what the Board's offer was going to be; that was the reason the September 11 letter was sent to Economic Development Commission; and in that letter the information was conveyed. The proposal or contract from Boeing was inaccurate on almost every topic that it covered; an out-of-town attorney for Boeing prepared the contract that was faxed to the County last night; the summary staff prepared last night is an accurate reflection of what the Board proposed; and when Mr. Knox and Ms. Busacca go to Atlanta, they will be carrying an accurate list of the Board's terms as opposed to what Boeing submitted to the County yesterday which was completely inaccurate and would require a lot of changes.

Commissioner Scarborough inquired how are connection fees calculated; with Ms. Busacca responding it is based on the flow rates and larger users have larger connection charges. Commissioner Scarborough stated he does not remember talking about connection fees, but what he finds is a correlation between the cost of a plant and the connection fees; and inquired what the connection fee would be based on flows; with Ms. Busacca responding Water Resources Director Richard Martens provided the $1,000,000 to her based on flows estimated for that size operation.

Chairman O'Brien advised the motion passed by the Board was to install a spare treatment plant on the Boeing property, and the Company would pay for usage; the million-dollar connection fee was never brought up to the Board at all; the intent was to install a plant on their property; and as other plants move in close proximity and hook up they would pay connection fees which would offset the cost. Commissioner Cook stated that was his understanding, to take a surplus plant and move it on the Boeing site and charge them the commercial rate; and the Board never discussed the connection fee or a ten-year period for pay back. He stated the letter Ms. Weatherman sent to Boeing specifically said it was a unanimous decision to construct a wastewater treatment plant on the site at no cost to Boeing. Chairman O'Brien stated the Board can let that motion stand and the connection fee would not exist, or it can make a new motion. Commissioner Cook stated the Board needs a legal opinion on what fees it can and cannot waive.

Discussion ensued on the plant and connection fee being the same, and what fees would be charged for use of the system.

Water Resources Director Richard Martens advised connection fees are based on the amount of wastewater a facility would generate; it is commonly done with all commercial customers; and based on the numbers he has available, he made the estimate of $1,000,000 which is a realistic connection charge calculated on dollars per gallon per day. Commissioner Scarborough inquired what would the purchase price of the plant be; with Mr. Martens responding less than $50,000 because it is expensive to relocate. Mr. Martens stated relocation and set up costs would be about $450,000. Commissioner Scarborough stated it is half a million dollars to have the plant in the ground; with Mr. Martens responding to make it an operational system, adding effluent disposal and other components, his estimate would be $750,000 to relocate and set up the facility.

Discussion continued on paying a connection fee versus installing a package plant on site, sale of the surplus plant, Boeing running its own sewer plant, and waiver of connection fees.

Commissioner Higgs inquired under what conditions can the Board waive connection fees; with County Attorney Scott Knox responding it could not require Boeing to pay the fee, but the fee has to be paid, so the Board could pay it over a period of time and make it at no cost to Boeing.

Mr. Jenkins inquired if staff could legally separate the facility from the County System; with Mr. Martens responding it is surplus property.

The meeting recessed at 1:52 p.m., and reconvened at 2:28 p.m.

County Attorney Knox advised he thinks the connection fee can be waived if the Board wants to do that; the Board is in a position of making a decision whether it wants to waive it or not; and if it does, they can go to Atlanta with that in their pocket.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to waive the one-million dollar connection fee for the Boeing Company's wastewater treatment service.

The Board discussed what is in the proposed contract, what the Board had done, conflicting information in letters from different agencies, using the fee as a tool to get the best contract, defining and clarifying the issue, abatement of County taxes, and jeopardizing the situation with misunderstandings.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Voltz inquired if under zoning requirements, the 30 days is adequate to do appropriate advertising; with Ms. Busacca responding they can advertise 14 days and have it to the Local Planning Agency in 21 days, and hold a Board of County Commissioners meeting immediately after that to do it in 30 days.

RESOLUTION, RE: PROCLAIMING POW/MIA RECOGNITION DAY

Chairman O'Brien advised the Office of Veterans Affairs observes 1997 POW/MIA Recognition Day today, September 19, 1997; the Board cannot repay those brave Americans for their sacrifice on behalf of our nation; long-term medical problems for POW's continue to emerge; and the VA strives to meet their health care needs, but it is vital that the Nation take this opportunity to acknowledge former living prisoners of war and pay tribute to those who are deceased, as well as support the families of MIA's. He inquired if the Board wishes to adopt a Resolution proclaiming POW/MIA Recognition Day.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution proclaiming September 19, 1997, as POW/MIA Recognition Day in Brevard County and present it to the Office of Veterans Affairs. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 2:41 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
SEAL