The Board of County Commissioners of Brevard County, Florida, met in regular session on February 23, 1999, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O?Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Eric Wright, Zion Christian Church, Palm Bay, Florida.

Commissioner Sue Carlson led the assembly in the Pledge of Allegiance.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the December 8, 1998 Regular Meeting Minutes, as prepared. Motion carried and ordered unanimously.

County Manager Tom Jenkins requested the item be removed from the agenda as it will be rescheduled for the March 9, 1999 agenda.

The Board withdrew final plat approval for Viera North PUD, Tract K from the agenda to be rescheduled for the March 9, 1999 agenda.

Commissioner O?Brien recognized local sports teams and the members for their accomplishments this season, including George Clifton and Demerise Whitfield of the Cocoa High School Basketball Team; and stated they were among the 17 McDonalds All America nominees during half-time at the Orlando Magic game. He further congratulated the Cocoa Beach High School Girls? Basketball Team for their impressive season; stated the Minutemen made it to the semi-finals in the post season play; and the Johnson Junior High School Cheerleaders captured the State Championship at the State Fair in Tampa, Florida. Commissioner O?Brien advised the cheerleaders are headed to Jacksonville for the National Competition; and wished them the best of luck. He advised Brevard County has many outstanding young people and the citizens should be very proud of them.

Commissioner Higgs stated Commissioner O?Brien sent a memorandum concerning scheduling his report on the Manatee Protection Plan; there has been a lot of interest in the issue; and suggested it be scheduled under Unfinished Business for public comment. Commissioner O?Brien stated his report will include what progress has been made in his discussions and he is still in continued discussion. Commissioner Higgs stated the Board could react to Commissioner O?Brien?s comments and make a determination on where it is going; and by scheduling the item as a public discussion item, people interested in the issue could also react. Commissioner O?Brien stated discussion on the entire plan is not something the Board should be doing yet; he will be bringing a report to the Board on what has been discussed so far; and he is still in discussions with Department of Environmental Protection (DEP). Commissioner Higgs stated it would only be fair to the Board and citizens that there be some discussion at the time Commissioner O?Brien does his report on where the County is and where it wants to go. Commissioner O?Brien stated there are still some stumbling blocks they are trying to overcome; when that is accomplished, he will be more than happy to let the Board know where they are; but the entire plan does not need to be brought back now while discussions are still taking place. Commissioner Higgs stated the Board acted on the plan almost two years ago; it needs to know what the stumbling blocks are and make a determination on where it wants to go; she appreciates Commissioner O?Brien?s willingness to bring the report forward; and the Board should discuss it at that time and determine where it wants to go.

Chairman Scarborough stated he agrees with Commissioner Higgs? comments; he does not believe the discussion was supposed to extend beyond Commissioner O?Brien?s chairmanship; there needs to be continued Board involvement in something of this magnitude; and it needs to become more involved in it. He noted it is unusual for things to progress for 1 ? years without it coming back to the Board; and the issue needs to come back to the Board and public forum. Commissioner O?Brien stated to bring the item up for a full public discussion and perhaps change what is in the plan now is like changing horses in mid-stream; the object of meeting with DEP is to iron out some of the wrinkles which are upland uses and things like that; his report will have all of this in it; and the entire plan should not be brought up for discussion until the discussions with DEP are summarized.

Commissioner Carlson stated from her perspective as a new Commissioner, she would like to readdress the plan at some point; she needs time to do that; there is additional information and new data sets that need to be interpreted and folded into the plan; and she wants to see where the plan sits right now, whether it takes place when Commissioner O?Brien gives his report or at a subsequent meeting. She noted she is not comfortable with any negotiations with DEP if there is a new data set and based on all the information she has read so far on what DEP has a problem with concerning the plan. Commissioner O?Brien noted he will bring back with his report how they have overcome those objections or have met them. Chairman Scarborough stated the Board needs to be made an integral part of the discussion; this is not the way he would like to see the Board do business; and there needs to be continued community involvement.

 DISCUSSION, RE: MANATEE PROTECTION PLAN

Commissioner Higgs stated there are differences of opinion between DEP and the County?s previously dispatched report; the Board needs to know what those are; it needs to hear from David Arnold of DEP on where its position is; and there needs to be public discussion of the items. She advised the Board has always allowed the public to speak; and she will schedule the item on the agenda for discussion purposes. Commissioner O?Brien stated after discussions with DEP are concluded, the issue will be on the agenda for a full public hearing; and the same people will probably come back and say the same thing all over again. Commissioner Higgs stated she is trying not to have multiple meetings that people have to keep attending.

Commissioner Voltz said she wants to look into the issues after Commissioner O?Brien?s report because she cannot make up her mind which way to go immediately, and would prefer a public hearing a week after his report to allow time to research the issues.

Chairman Scarborough stated the Board should hear the report and have public comments right after it so it is not disjointed in the meeting.

Commissioner Voltz inquired when will Commissioner O?Brien give his report; with Commissioner O?Brien responding March 9, 1999.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to appoint Carol Roach, 4225 West King Street, Cocoa, Florida 32926 to the Tourist Development Council (TDC) replacing Carson Justice, with term of appointment expiring December 31, 1999. Motion carried and ordered unanimously.

Commissioner Carlson suggested when the non-owner appointments come back that the Board make them a Port Authority representative and a Kennedy Space Center representative as both entities need to have more input on the TDC.

Chairman Scarborough requested a written opinion from County Attorney Scott Knox and TDC Director Robert Varley on the qualification criteria for appointments to the TDC as the Board wants to meet the legal requirements.

Commissioner Carlson requested the item be removed from the agenda until a later Board meeting as some individuals in her District want to meet with Florida Power and Light (FP&L) Company concerning the resolution.

The Board removed resolution urging Florida Power and Light Company to upgrade fuel used in Cape Canaveral Plant from the agenda.

Commissioner Voltz requested the item be continued to the March 9, 1999 Board meeting.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to continue request from Anthony and Catherine Galie for variance to the Brevard County Coastal Construction Setback Line requirements to the March 9, 1999 Board meeting. Motion carried and ordered unanimously.

Commissioner Voltz read aloud a resolution proclaiming February 21-27, 1999 as Student Nursing Week, and February 24, 1999 as Nursing Student Day in Brevard County; and presented it to Leslie Rosypal.

Motion by Commissioner Voltz, seconded by Commissioner O?Brien, to adopt Resolution proclaiming February 21-27, 1999 as Student Nursing Week, and February 24, 1999 as Nursing Student Day in Brevard County, and encouraging all residents to recognize the contributions made by student nurses to the health care of all Floridians. Motion carried and ordered unanimously.

Commissioner Voltz stated there was a memorandum from Jack Parker concerning bicycle helmets and the crossing guards would be very effective in giving out such helmets to those children who do not have them; and perhaps Barbara Meyers can work with the crossing guards. County Manager Tom Jenkins stated the Board requested staff provide a total program on it and report back.

Chairman Scarborough requested each Commissioner send a letter to Congressman Dave Weldon concerning designation of the St. Johns River as an American Heritage River.

Commissioner Voltz read aloud a resolution commending Bishop Leonard Toney Weaver, Sr. for his achievements and positive impact of his ministry on Brevard County and the nation; and presented it to Bishop Weaver.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Bishop Leonard Toney Weaver, Sr. for his achievements and positive impact of his ministry on Brevard County and the nation, and honoring his promotion to Jurisdictional Bishop of the Florida Sixth Ecclesiastical Jurisdiction. Motion carried and ordered unanimously.

Bishop Weaver expressed appreciation to the Board for the Commendation Resolution; stated he has two conventions that move annually at his church; and he would like to bring a big convention to Brevard County which would bless the community if there was an auditorium big enough to seat 15,000 to 16,000 people.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to grant final engineering approval for Sunset Lakes Subdivision, Phase V, subject to minor engineering changes as applicable; and execute Contract with Deerfield Grove Partnership for infrastructure improvements, with Board approval of the project not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to grant final plat approval for Magnolia Springs Subdivision, Phase Two, subject to minor changes if necessary and receipt of all documents required for recording, with Board approval of the project not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to approve the
Technical Advisory Committee?s recommendations for project funding of Impact Fee Benefit

Districts 1 through 9; approve Budget Change Requests required to implement project

appropriations; and authorize the Chairman to execute Disbursement Agreements with the Cities of Indian Harbour Beach, Rockledge, Satellite Beach and the Town of Malabar. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to acknowledge receipt of Ordinance No. 98-67 from the City of Melbourne annexing 1.26 acres at the northwest corner of Parkway Drive and Wickham Road, into the City?s limits. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to approve including the Future Land Use Element in the 1999B Plan Amendment Cycle. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to execute Amendment to Contract #WM651 [31018-97-001] with Department of Environmental Protection to provide funding for the Ruby Street baffle box in District IV and extending the contract time to October 10, 1999. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to approve Change Order No. 1 to Task Order No. 92-004-11 with Post, Buckley, Schuh & Jernigan, Inc. for the North Tropical Trail Stormwater Master Plan, increasing contract price by $16,294 for additional survey necessary and surveying services for easement acquisitions for construction of the project. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to approve Task Order No. 98-002-01 with Bussen-Mayer Engineering Group, Inc. to provide engineering design services for Williams Point Pond improvements, at a cost not to exceed $30,400. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to approve Change Order No. 2 to Agreement with A. D. Morgan Corporation, decreasing contract price by $1,780.01 for owner direct purchase regarding construction of South Mainland (Micco) Community Center. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to approve Change Order No. 5 to Agreement with Priority One Construction, extending Contract time by 12 days for construction of Port St. John Community Center. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to execute Amendment to Agreement with Protocol Communications (formerly known as IOCOM) extending the term of the original Agreement for one year. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to grant permission to seek proposals for a vendor to operate the TDC Visitor Information Center at Kennedy Space Center; and approve the TDC as the selection committee. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to execute Interagency Agreement with the Department of Children and Families providing funding to Country Acres Parental Home through the Title IV-E Program of the Social Security Act; and authorize the County Manager or his designee to execute any and all amendments to the Agreement, contingent on approval of the County Attorney and/or Risk Management. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Agreement with the Community Services Council of Brevard, Inc. for use of the Cuyler Park Annex in Mims and the Port St. John Community Center for senior citizen activities; and authorize the Parks and Recreation Department to include in the Agreement any future Board-approved contract clauses. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to adopt Resolution and execute Agreement with The East Mims Progressive Civic League, Inc. for use of the Cuyler Park Civic Room and Annex in Mims; and authorize the Parks and Recreation Department to include in the Agreement any future Board-approved contract clauses. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to execute Agreement with Harbor City Volunteer Ambulance Squad, Inc. for two ambulances purchased by Public Safety, with provision that ownership of the ambulances will revert back to the County upon request and/or termination of the Harbor City Volunteer Ambulance Squad, Inc. and/or the Agency?s Franchise Agreement. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to adopt Resolution for Harbor City Volunteer Ambulance Squad, Inc. modifying Advanced Life Support base rate from $260 to $275, and Basic Life Support base rate from $145 to $160, and establishing On-Scene Advanced Life Support ? No Transport fee at $135 per patient to establish uniform Countywide rates. Motion carried and ordered unanimously.

WITHDRAW LEGISLATIVE REQUEST, RE: BEACH MANAGEMENT FUNDING

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to withdraw the FY 1999-2000 Legislative Request for $195,000 in State cost-sharing funding for maintenance and monitoring of the upcoming Brevard County Beach Management Project, as Congress did not fund any new beach project construction starts for FY 1999-2000. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to execute Easement to Florida Power & Light Company at the Central Disposal Facility to allow access to install and repair electrical service to the fuel island and pumping station. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with Jobear Construction, Inc. for construction of South Central Regional Wastewater Treatment Plant Sand Separation System, decreasing contract amount by $11,134 to reflect deletions in overlapping work tasks for a new total of $80,530; and approve final payment to Jobear Construction, Inc. upon submittal of acceptable closeout documents as specified in the Contract. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for March 23, 1999 to consider an ordinance creating the Barefoot Bay Water and Sewer District. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to accept the Budget and Financial Report for the fiscal quarter ended December 31, 1998. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for March 23, 1999 to consider adoption of a resolution of consent to change control of Genesis Cable Communications to Benchmark Media, Inc. Motion carried and ordered unanimously.

FALCON CABLE MEDIA

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for March 23, 1999 to consider adoption of a resolution of consent for direct and indirect transfers of a minority ownership interest in the ultimate parent company of Falcon Cable Media. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to execute Disclosure Counsel Retainer Agreement with Squire, Sanders & Dempsey, LLP for disclosure counsel services. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to direct staff to develop a joint planning agreement with the City of Melbourne so that newly developing projects within the County, which are likely to be annexed into the City, will develop to City standards to eliminate inconsistencies within the City. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to appoint and/or reappointment the following:

Medical Services Review Committee

Appoint Marilyn Washburn, 304 Woody Circle, Melbourne Beach, Florida 32951 replacing Mike McCullers, with term of appointment expiring December 31, 1999.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Zoning Board of Adjustment

Appoint Marcie Kinney, 2055 Valkaria Road, Valkaria, Florida 32950 as an alternate, with term of appointment expiring December 31, 1999.

Surface Water Improvement Advisory Board

Appoint Richard Wallace, 560 Ruth Circle, West Melbourne, Florida 32904 replacing John Reposa, with term of appointment expiring December 31, 1999.

Palm Bay Regional Park Advisory Committee

Appoint Thomas Redmond, 599 Awin Circle, Palm Bay, Florida 32909 replacing Josh Ross, with term of appointment expiring December 31, 1999.

South Mainland Library Advisory Board

Appoint Owen C. Gallagher, 417 N. Papaya Circle, Barefoot Bay, Florida 32976 replacing Bill Gaines, with term of appointment expiring December 31, 1999.

Rotary Park at Suntree Community Committee

Reappoint Bruce Stevenson, 718 Spring Lake Drive, Melbourne, Florida 32940, with term of appointment expiring December 31, 1999.

Palm Bay Regional Park Advisory Committee

Appoint Audrey C. Joiner, 325 Calcutta Avenue N.W., Palm Bay, Florida 32907 replacing William Capote, with term of appointment expiring December 31, 1999.

Commission on Status of Women

Reappoint Jenny Gessler, 796 Cavalier Drive #E, Indialantic, Florida 32903, with term of appointment expiring February 22, 2000.

Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Carlson, to approve Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easements in St. Andrews Isles, as petitioned by St. Andrews Isles, Inc., Robert and Carol Pierce, Richard and Mary Lou Northrup, Eric and Lisa Girard, Frederick and Barbara Shepheard, and Frederick and Betty Lou Aichelmann.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easements in St. Andrews Isles, as petitioned by St. Andrews Isles, Inc., Robert and Carol Pierce, Richard and Mary Lou Northrup, Eric and Lisa Girard, Frederick and Barbara Shepheard, and Frederick and Betty Lou Aichelmann. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easement in Oak Park at Suntree, as petitioned by William J. and Dianne G. Pettigrew.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easement in Oak Park at Suntree, as petitioned by William J. and Dianne G. Pettigrew. Motion carried and ordered unanimously.

Jim Helmer, Public Works Finance Director, stated staff was asked to provide a report as to the implications of continuing with the unpaved road ordinance program, which is paving a road where at least 51% of the people have pulled building permits, and charging them to pave it over a 10-year period using the MSBU Program or looking at possibly doing a maintenance fee to cover the cost of maintaining the road rather than forcing it to be paved. He noted the report deals with those factors; and County Attorney Scott Knox has also provided his legal opinion as to what happens if the County goes forward with a maintenance fee and do not require the road to be paved in accordance with the Ordinance. He advised staff provided some average costs that would be required if the County did an annual maintenance fee for Farnsworth Avenue and Judy Kay Road; and it appears the cost of maintaining it over a period of 10 years is at least as much of the cost of actually doing the assessment and paving it. Mr. Helmer stated leaving the roads unpaved results in a larger cost to the County of maintaining the dirt roads over a period of time.

County Attorney Scott Knox stated he prepared an opinion for the Board; the choice it is faced with at this point is either going with an unpaved road program throughout the County or keeping the present Ordinance; and if the Board wants to go back to the unpaved road concept, it has to change the existing Ordinance. He noted unpaved roads are allowed in areas where there are 2 ?-acre lots or larger under the current Ordinance.

Commissioner Higgs stated there are people who do not want to live in areas where there are paved roads; the County should consider how it can make provisions for that; and the critical part is that the unpaved road is built to a specification, drainage is provided at the same time, safety measures be included, and costs are allocated to those people who choose to live in that particular type environment. She noted the costs on unpaved roads are higher than on the paved roads as they have to be maintained.

Commissioner O?Brien stated the County could end up with a lot of dirt roads such as Canaveral Groves; it could be a terrible situation; the General Fund may end up having to pay to pave the roads; and he has a certain fear if the Board starts allowing this to occur.

Commissioner Voltz inquired if the County does not require individuals to have paved roads, would it open up all development in rural areas where they are currently not able to build because they do not have a paved road. Mr. Helmer responded the Board would have to decide if it wanted to continue issuing building permits under the guidelines that the roads would be according to County standards, the drainage would be provided, etc.; and if that is not the case, there would be a moratorium on building permits.

Commissioner Higgs stated if people make the decision to pay for the maintenance of unpaved roads, they would have to be built to standards, including drainage and maintenance agreements.

Commissioner Voltz stated this opens up a whole can of worms which the County may not be prepared to deal with; and she would rather leave it as it presently is.

Discussion ensued concerning MSBU?s, property values, maintenance and drainage issues, conformity, and scheduling a workshop to discuss all the issues.

Commissioner Carlson expressed her support to schedule a workshop; stated the big issue is land use; and the County needs to address designated areas for rural areas and find out what they want in terms of services.

Commissioner O?Brien stated he does not want to see Brevard County become a dirt road County; it is dangerous to go that route; and Canaveral Groves is an example of why the County should not go there.

The Board reached consensus to direct staff to provide a report to the Board concerning implications of paving or not paving dirt roads, and then schedule a workshop to discuss the issue.

Chairman Scarborough called for the public hearing to consider ordinance and covenant of non-development and deed restriction with Eric and Audra M. Scheidenhelm creating Judy Kay Road Paving Municipal Service Benefit Unit (MSBU).

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to continue ordinance and covenant of non-development and deed restriction with Eric and Audra M. Scheidenhelm creating Judy Kay Road Paving MSBU to the March 23, 1999 Board Meeting. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider ordinance creating the Farnsworth Avenue Road Paving Municipal Service Benefit Unit.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to withdraw ordinance creating Farnsworth Avenue Road Paving Municipal Service Benefit Unit from the agenda for readvertisement. Motion carried and ordered unanimously.

 PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD

Chairman Scarborough called for the public hearing to consider ordinance granting an economic development ad valorem tax exemption to Crown Simplimatic, Inc.

Franck Kaiser, Vice President of the EDC, stated he is present to answer any questions the Board may have concerning the recommendations of the Ad Valorem Tax Abatement Review Committee; such Committee reviewed the application and made the recommendation of an 80% abatement for 10 years; the normal guidelines would have been 60%, but there were extenuating circumstances taken into account, including the quality of the jobs and proposed location of the facility near Titusville, as the area is in need of high-quality manufacturing type jobs. He stated the Company has applied to the State of Florida for the qualified targeted industry tax refund; such refund requires a 20% local match; and it is critical to have enough local match for the Company to get its tax refund from the State.

Commissioner Higgs inquired has the County ever recommended 80% when the 60% is the guideline that would be recommended; with Mr. Kaiser responding this is the first time under the new guideline. Mr. Kaiser advised the Committee has made recommendations over the past couple of years outside the guidelines based on extenuating circumstances; and the recommendations have always been accepted in the past.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Ordinance granting an economic development ad valorem exemption to Crown Simplimatic, Inc., 7480 South U.S. Highway 1, Titusville, Florida 32780; specifying the items exempted; providing the
expiration date of the exemption; finding that the business meets the requirements of Florida

Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Crown Simplimatic, Inc.; and providing an effective date.

Commissioner Higgs stated she cannot support the 80% abatement; and the Board should stay with the 60% guideline as outlined.

Chairman Scarborough stated the matching fund issue makes sense; it is a shame to fall out of the parameters of a State program because of the County?s guidelines; and he would like to come back and tweak the Ordinance so it will not have to be an exception.

Mr. Kaiser stated the EDC will come back to the Board with a recommendation to review the guidelines again; and under qualified target industry application, the company would be better off with 100% for five years than with 60% or 80% for 10 years.

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

 WAIVER OF INDUSTRIAL DEVELOPMENT REVENUE BOND AND DEVELOPMENT

Chairman Scarborough stated he has a problem with this item; he has been advised by Economic Development Director Greg Lugar that this has never been done before; and to start deviating from policy is not the way to do business.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to deny the request to waive industrial development revenue bond and development permitting fees for Crown Simplimatic, Inc. as it has never deviated from the policy for any other industries.

Patrick Pullen, Chief Financial Officer for Crown Simplimatic, Inc., introduced Harry Tatum, Vice-President of Human Resources, and provided information to the Board concerning Crown Simplimatic, Inc. He stated the Company was formed in 1997; it is the largest and only U.S. located manufacturer of beverage filling equipment in the United States; it is the fourth in the world; and advised of its present locations. He advised they are here to make an investment in Titusville of at least $1.5 million; there would be an additional 40 jobs; and the Company is requesting to forego some of the County expenses in going forward with the application, including $2,500 for financial advisory review, which would be secured by a letter of credit, and $2,500 for issuer?s counsel. He noted if issuer?s counsel would see a letter of credit as backing the Company?s transaction for industrial revenue bond, $2,500 to demonstrate that it is fully secured by South Trust Bank would be excessive; and there are also the $5,000 closing fees and $1,500 for the application fee. Mr. Pullen stated the Company would be investing 40 new jobs, and would ask to receive the forgiveness of these costs which would be invested in the community.

Commissioner Scarborough noted it cost the County approximately $8,700 for these costs; with Economic Development Director Greg Lugar responding that is correct. Commissioner Scarborough stated the Board needs to stick with policy until the policy is fully analyzed; if it needs to review the policy, he would like to get a memorandum from Messrs. Lugar and Kaiser as to whether or not the policy should be changed; there needs to be uniform policies; and Brevard County has a fiduciary responsibility to the taxpayer.

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

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to review the policies and guidelines to determine if they need to be altered. Motion carried and ordered unanimously.

AD VALOREM TAX EXEMPTION TO CROWN SIMPLIMATIC, INC. Motion by Commissioner Carlson, seconded by Commissioner Voltz, to get a report from the EDC in 30 days on how the exemptions have affected the tax rolls. Motion carried and ordered unanimously.

The meeting recessed at 10:31 a.m. and reconvened at 10:53 a.m.

Motion by Commissioner O?Brien, seconded by Commissioner Voltz, to adopt Resolution that qualifies CHW Investments & HHH Associates on behalf of National Service Source, Inc. d/b/a United Service Source, Inc. as an eligible business under the County?s Tax Abatement Program and authorizes the advertisement of a public hearing to consider adopting an exemption ordinance. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Voltz, to adopt Resolution for South Trend Realty, Inc. on behalf of UST, Inc. that qualifies UST, Inc. as an eligible business under the County?s Tax Abatement Program and authorizes the advertisement of a public hearing to consider adopting an exemption ordinance. Motion carried and ordered unanimously.

Attorney Leonard Spielvogel, representing Oleander Power Project, L.P., stated they are seeking a vested rights determination; they are here today for procedural matter; in reviewing the applicable provision of the County Code, it was apparent there was a contradiction within the Code itself; there are several references to going before the Local Planning Agency (LPA) and then coming to the Board; and there was one sentence which said they did not have to go the LPA and could go right to the Board. He advised he contacted County Attorney Scott Knox who agreed there was a contradiction; Attorney Knox suggested the best approach may be to come before the Board and ask it how to handle this; and it is the preference of his client to go first to the LPA and make a presentation, and then go to the Board.

Nancy Gwinn advised of her opposition to the proposed power plant due to the health, safety and welfare of the community.

County Attorney Scott Knox stated the Board needs to make a decision as to whether the LPA needs to review the vested rights application; there is a conflict in the Ordinance; one portion says it should go to the LPA and the last sentence of the vested rights provision says it does not have to go the LPA; Attorney Spielvogel?s client prefers going to the LPA first; and he does not see any problem with it.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve that the Local Planning Agency (LPA) will review the vested rights application of Oleander Power Project, L.P. prior to review by the Board. Motion carried and ordered unanimously.

Commissioner Carlson inquired about the extension and possible expansion of the moratorium to all industrial uses. Attorney Knox responded there is a draft ordinance which will be coming back to the Board in two weeks which encompasses both the power plants and expanded list of other industrial uses.

Commissioner Higgs stated the fees have not been revised in some years; the County needs to recover some of its costs; and Option 3 would fully recover the costs of processing the applications.

Commissioner Voltz stated she does not have a problem with increasing the fees; however, to increase it 43% at one time is a bit much; and it needs to be done over several years.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Option 3, to increase all rezoning fees by 43% to occur over four years, to fully recover the costs of processing rezoning applications. Motion carried and ordered unanimously.

Chairman Scarborough advised Representative Randy Ball will not be present.

The Board withdrew discussion on Article V costs and update by Representative Randy Ball from the agenda.

 REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN,

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Commissioner Scarborough stated he is going to move the Special Master?s recommendation as requested by Mr. Giddens.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Special Master?s recommendation to release the Code Enforcement lien and reduce the fine to $200 plus administrative cost of $570, for a total of $770 on property owned by T.C. Giddens, located at 3812 Lucerne Avenue, Mims, Florida. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct the Code Enforcement Director to provide a memorandum to the Board on those issues it may want to consider for the special master?s review. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 1 and Agreement with BRPH Construction Services, Inc. (formerly Mach III Design/Build, Inc.) guaranteeing maximum price for additions/renovations to Emergency Operations Center and 911 Dispatch Center at $680,566 for a total price of $686,966. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Project Grant Agreement with Department of Environmental Protection for a 1998 Legislative Line Item Grant of $700,000; and approve Budget Change Request establishing the budget for development of Harry T. and Harriet V. Moore Memorial Park. Motion carried and ordered unanimously.

Attorney Leonard Spielvogel, representing the applicant, stated his client is interested in developing a 31-acre parcel located at the northwest corner of Wickham and Post Roads; the intent is to develop into the Post Commons Plaza Shopping Center; there are 3.7 acres of wetlands located on the property that they seek to develop; and in order to go forward with the project and impact the 3.7 acres, they have to show an overriding public interest and satisfy the County that they have met that burden. He advised the assessment after completion of the project will be approximately $15 million; the construction costs will be $15 million; during the course of construction, they will employ 475 construction workers for a 10 to 12-month period; and once construction is completed and occupancy occurs, they will employ approximately 300 full-time people, and 225 part-time employees. He noted they anticipate an annual payroll of approximately $6.3 million; the Cascades Subdivision is located immediately behind the project; there is a letter from the Homeowners Association endorsing the project; and there is also a letter from the Chairman of the Flood Control Committee of the Association endorsing the project. Attorney Spielvogel stated the most important reason or justification for meeting the overriding public interest is not necessarily the economic one; the way to develop a shopping center at this location is to be able to do it with stores that are major ones, which they have already contracted with, so there is a shopping center that is healthy; they are going to have a flood control and mitigation proposal that is very significant; and it will be of assistance to the community in solving flooding problems that have occurred for a considerable period of time.

Hassan Kamal, BSE Consultants, stated the mitigation plan before the Board is a result of approximately one year of research, environmental studies, planning and review of various site development alternatives; they first started looking at the project over one year ago; they went on the site and determined the location of the wetlands and verified the location with the jurisdictional agencies; and they completed various environmental studies, including gopher tortoise and scrub jay surveys on the site. He noted they received confirmation from the U.S. Fish and Wildlife Service that there is no scrub jay habitat on site; and while they found a few gopher tortoise burrows, they received approval from the Game and Fish Commission for the project, pending approval from Brevard County. Mr. Kamal advised the location of the project is at the northwest corner of Wickham and Post Roads; the mitigation area is approximately one mile south-southwest on Parkway Drive, approximately one mile west of Wickham Road; the location is part of a natural wetland slough that basically serves to drain a significant portion of the North Melbourne/Suntree area; and the mitigation plan is detailed on one of the handouts submitted to the Board. He stated the mitigation plan meets the County?s requirements and any decrease in functional values is compensated for; they are providing flood storage which is a wetland function; they are providing the wildlife habitat by construction of the wetland area; the entire area will be placed into a conservation easement which will insure the perpetual preservation; and the wetland mitigation ratio as proposed is well beyond the County?s minimum requirement which is 2:1.

Commissioner Voltz noted there is a 10:1 mitigation ratio; with Mr. Kamal responding that is correct.

DETERMINATION OF PUBLIC INTEREST, RE: POST COMMONS PLAZA

Dr. Hal Markowitz, resident of Wickham Forest Subdivision, advised of his support for the construction of Post Commons Plaza; stated there are two primary environmental concerns, including that the newly improved drainage running eastward along Post Road will be adequate to handle the runoff from Post Commons Plaza, and there be a green area of trees and shrubs between Wickham Road and Post Commons except where entrances are planned; and he hopes that landscaping concerns will extend throughout the commercial development, making building and parking areas aesthetically pleasurable.

Attorney Spielvogel stated his client is sensitive and cognizant to the landscaping aspects; Commissioner Carlson had expressed a concern about more trees in the parking lot; they are going to accommodate that request; beautification is probably the least expensive investment one can make with the greatest return; and his client is going to be responsive.

Commissioner Carlson inquired are there areas that can be left natural between Wickham Road and Post Commons Plaza until the obvious takes place. Mr. Kamal noted Commissioner Carlson is referring to the four parcels along Wickham Road; there is a 15-foot landscaped buffer there that can be left natural until the area gets developed; and such area can be landscaped in accordance with the County criteria. Commissioner Carlson inquired if Mr. Kamal is referring to A,B,C, and D; with Mr. Kamal responding affirmatively.

Commissioner Carlson inquired is the determination of public interest specifically wetlands-oriented or can the Board make other comments concerning other issues and impacts to the property; with County Attorney Scott Knox responding it is primarily wetlands-oriented. Commissioner Carlson stated she does not have a problem with the mitigation; there are no individuals present today speaking against the determination of public interest; and she has questions that are more philosophical, including the actual need for something of this size going into this location. She noted one of the anchor stores in the Plaza is Publix; Publix now exists at Lake Washington and Wickham Road; she is not against the development, but this is providing a convenient way of going down the street and shopping for those people in the immediate area; and people need to think about future development such as this along the Wickham Road corridor. Commissioner Carlson inquired about traffic impacts; stated when she was working through the election process, individuals on the east side of Wickham Road complained they could not get on Wickham Road during the rush hour in the morning and afternoon due to traffic congestion; and she is concerned how the County can justify putting another Publix so close to the existing one.

Traffic Engineer Dick Thompson stated staff has requested a traffic study from the developer to review what the impact is expected to be; there are three accesses, two on Wickham Road that are opposite existing crossovers, and one proposed on Post Road; staff has entered their comments as to requiring turn lanes for each of the driveways; he does not have the volumes at this point to go into the signalization aspect; but it has to be considered.

DETERMINATION OF PUBLIC INTEREST, RE: POST COMMONS PLAZA

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to determine that Post Commons Plaza meets the overriding public interest criteria required by the Comprehensive Plan Conservation Element Wetland Policy 5.2.F.2.

Commissioner Higgs stated she cannot support the motion; the Comprehensive Plan does not permit commercial/industrial development in wetlands; there is a change in that language on the back burner which recognizes there are wetlands in commercial areas that should be developed; but until the Board approves it, the Comprehensive Plan forbids commercial/industrial development in wetlands. She noted although this is a good mitigation plan and has some public interest criteria in it, she cannot support it on that basis.

Commissioner O?Brien advised he will support the motion; whether or not another Publix is needed is not an item that should be determined by the Board; it is market driven and a free market; and if Publix wants to build another store three blocks down from this one, it is up to them to do the demographics and figure out where they want to go. He noted he accepts that this may cause a redevelopment problem; and a new Publix was built on Merritt Island and the old Publix is still closed to this day.

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

Commissioner Voltz inquired about the changes to the Wetlands Policy; stated the Board gave an extra 45 days to come up with a solution; and the time may be running out.

Assistant County Manager Peggy Busacca responded staff met with the intervenors several weeks ago; it developed language that the intervenors had to bring back to their groups for consideration; however, she has not heard from them.

Commissioner Voltz inquired how much time is left. County Attorney Scott Knox responded there is a hearing scheduled in this case for April 7, 8 and 9, 1999; and that is how long they have to get it resolved. Commissioner Higgs stated she does not want to see staff prepare for a hearing if it can get together with some language; with Ms. Busacca responding she will contact the intervenors today.

Chairman Scarborough inquired is there a way to address the issue of having places purposely staying vacant as abandoned stores; and stated property value is lost as the adjoining area is depressed due to a vacant store. Attorney Knox noted he will research it.

Daphne Stevens stated the agenda report indicates the options include connecting to a sanitary sewer which is not available; annexing to the city is not an option as the property is 1,500 to 2,000 feet away; and other people have to annex first. She advised concerning the hydrological data proving that the property does not function as a recharge, she received reports from the St. Johns River Water Management District and technical publication SJ95-5 which show where the water is coming from for the aquifer; Page 97 of the report indicates, "The principal freshwater resources in North Brevard are stored in relatively small freshwater lenses in the Atlantic Coastal Ridge deposit of the surficial aquifer system. The freshwater lenses are being gradually depleted primarily due to the pumping for the public water supply. For example, the City of Titusville is approaching the maximum potential capacity available from these freshwater lenses, and therefore, must identify an additional public supply source within the next few years." Ms. Stevens stated the District refers to the Florida Administrative Code which allows septic tanks as close as 200 feet from a public well; the particular lots she is referring to are approximately 2,500 feet away from any of these wells; the District gave her a map indicating eight of the wells were pumping and six other ones have been closed and can only be used for fire or emergency usage; and she was approved before the Aquifer Ordinance was put into effect. She noted this area is in the County; the Aquifer Ordinance in the City of Titusville allows someone to build within 300 feet of a well; the County is more restrictive saying in its Comprehensive Plan no septic tanks; but the County approved the project in March, 1986, which was 81 lots; and 16 lots were lots to stormwater, so they met criteria necessary to offset any effect of the contamination of water in the aquifer. She stated the verbiage is the problem; and the Florida Administrative Code allows septic tanks within 200 feet of a public potable water well.

Lance Lussier stated on July 31, 1998, he and his wife sold their home of 20 years in Imperial Estates; they built a home in Whispering Woods Subdivision, Phase 1; and it was only when their builder tried to obtain necessary permits that they became aware of the problem with the septic tanks. He noted the home next to their lot was completed in December, 1998; the builder did not have any problem getting permits and such home has a septic tank; and all the homes in that particular Subdivision have septic tanks. He stated the majority of the homes lie between his lot and the city wells; the Subdivision was platted in 1993; the plan was to use septic tanks; they have invested approximately $36,000 to build their dream retirement home and are now on hold because of this verbiage; and requested a variance to allow them to use a septic tank and continue building their home.

Tina Lussier stated she has been fighting cancer for the last four years; this has been very intense for her; she cannot take the stress; and she is being discriminated against.

Zeke Evans stated he used to live and build in Titusville; he purchased 15 lots in February, 1994; he cannot sell the lots because he cannot get septic tank permits; and he pays taxes on such lots, but cannot do anything with them. He requested a variance to be able to recoup some money on his lots.

Jim Mellone, Mid-Point Construction, stated he is under contract with the Lussiers to build their new home; he has never heard of this area being of critical concern until last week when he applied for a permit for the Lussiers; the Subdivision has been platted and approved; and the Board needs to let the Lussiers continue to build their home. He noted his Company would like to get this matter resolved and move forward.

B. B. Nelson stated the area the County is talking about stopping people from getting a septic tank permit is approximately 25 feet below the hills of Barna Avenue where the wells are and several thousand feet south; County staff is harassing people from getting a septic tank permit on an approved platted subdivision which was approved well before the City decided to make this an area of critical concern; and it is his understanding that the County is trying to force these people to buy an aerobic system instead of a septic tank which costs in excess of twice as much as a septic tank. He provided a map to the Board showing the Windover Farms area; stated these are recorded plats which the Board has approved; it has been done properly; and septic tanks have been obtained and are working. Mr. Nelson requested scientific evidence that the septic tanks are flowing into the wells; stated such evidence does not exist; and if there were any septic tank violations in the Windover Farms area, Code Enforcement would know about it. He requested the Board grant these people their septic tanks.

Mark Derman stated he spoke to the Board approximately three weeks ago regarding a customer he had who moved from California; he has a denial letter from the County concerning a septic permit; he has done a lot of research on the areas in Titusville that are affected by this; and there are going to be a lot of people upset that they are not going to be allowed to develop their property. He commended Chairman Scarborough and his staff for working expeditiously in coming up with the solution before the Board today; and stated it is a good temporary solution.

Chairman Scarborough stated the Comprehensive Plan was changed in 1991; it was not until 1998 that the City of Titusville called to the Board?s attention its permitting of things close to the wellfields; the City expressed its concern to the County; and in looking at the County?s policies, it recognized it was issuing permits contrary to the Comprehensive Plan that had been in effect for approximately seven years. He noted as the Comprehensive Plan came into compliance, the County was adversely impacting people to the extent if they were in the City, they could have received a permit; but the County?s Comprehensive Plan was more extensive and restrictive than the City?s policy; the County wants to make sure the Comprehensive Plan is changed correctly; and the option that was presented was the concept of the aerobic tanks.

Commissioner Higgs stated there may be another option; Policy 11.2 states "Until an aquifer management plan is adopted, at a minimum, the following criteria shall be incorporated"; if the County has an aquifer management plan, that takes precedence over the clause that causes the difficulty; and the County can develop an aquifer management plan and take into consideration the City?s problems and policies, and the State?s polic

Chairman Scarborough inquired can he make a motion that as an interim measure, the Board adopt a management plan that is a mirror image of the City of Titusville?s plan.

County Attorney Scott Knox responded if the Board feels as a 4:1 majority there is an emergency, it can initiate an ordinance to that effect.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to declare an emergency exists because people are suffering extensive financial hardship; and direct the County Attorney to prepare an emergency ordinance adopting the City of Titusville?s rules as an aquifer management plan for 180 days. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to consider the emergency ordinance on February 25, 1999 at its special meeting/workshop. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Elizabeth Melvin, Keep Brevard Beautiful, stated April 17, 1999 will be the 14^th Annual Trash Bash; expressed appreciation to the Board for its continued support; and presented T-shirts to the Board.

Rick Dingess, Waste Management, stated USA Waste Services and Harris Sanitation are both a part of the new Waste Management; it is a privilege for it to be a sponsor for Trash Bash through active participation through the use of equipment and manpower, and sponsors of the awards associated with the events. He noted such awards include the most increase in people and the material picked up through the cities; there is an additional award this year of $500 for the city which collects the most trash; and another $500 goes to the charity of its choice. He stated another award of $500 will be given to the District that has the largest increase in people and the material collected, with the money being donated to the charity of their choice; and the stained glass Pelly will be given to the District that collects the most trash. Mr. Dingess advised they are looking forward to the competition and participation in Trash Bash ?99.

County Manager Tom Jenkins stated the County would like to pay its respects to the family of Assistant County Manager Steve Peffer whose father passed away this week.

Upon motion and vote, the meeting adjourned at 2:18 p.m.

ATTEST:

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TRUMAN SCARBOROUGH, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK

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