The Board of County Commissioners of Brevard County, Florida, met in regular session on February 9, 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 Tim Franklin of Freedom Christian Center, Viera, Florida.

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

REPORT, RE: WITHDRAW ITEM III.B.8.

County Manager Tom Jenkins requested the Board withdraw Item III.B.8, regarding Scottsmoor Fire Station property, as there is an error on the map.

The Board withdrew Item III.B.8. from the Agenda.

County Manager Tom Jenkins advised several months ago the Board proposed a joint meeting with North Brevard Hospital District Board; staff had several communications with the Hospital Board; at first they thought it was a good idea to include the Titusville City Council; then because of scheduling conflicts, the Hospital Board suggested delaying the meeting until after the first of the year. He stated most recently they proposed a joint meeting with members of the Board and City Council who wish to attend; they anticipated a 30 to 45-minute session as part of their regular monthly meeting; it would be open dialogue; and if any follow-up meetings were necessary, they would schedule those as needed. Mr. Jenkins advised staff received a letter inferring he accepted a March date for the meeting; he has not done that; and the Board needs to direct staff if the date is acceptable, and the Board wants to pursue a joint meeting.

Chairman Scarborough stated meetings are never set up without the Board as a whole saying it wants a meeting; that did not occur in this case; and Mr. Jenkins did not commit the Board to a date or time.

Commissioner Higgs stated when the Board discussed having a meeting with the Hospital Board, there were a lot of issues that needed to be clarified; people came to meetings to talk to

the Board about the Hospital Board; and the Board spent a lot of time on hospital issues. She
stated she is not sure, at this time, if there is a need for a meeting; the acquisition is not eminent; but Chairman Scarborough should be more familiar with the issues and how immediate they may be.

Commissioner Voltz stated she did not hear that the issues went away; and the Board will hear from Nelly Strickland on what they are. She stated she cannot make a March 1, 1999 meeting because she goes to school on Monday nights.

Chairman Scarborough stated Nelly Strickland will be here to discuss the issues later.

County Attorney Scott Knox requested an executive session to discuss the Downey case involving Mullet Creek Islands.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to advertise an executive session to discuss the Downey case on February 23, 1999, following the regular meeting. Motion carried and ordered unanimously.

Commissioner O'Brien advised Cocoa Beach Girls Basketball team won the championship last year and again this year; the Minutemen defeated Winter Springs; and extended congratulations to the team. He stated Brevard County is becoming a County of State champions, as every year it has two or three teams that bring home trophies.

Commissioner O'Brien advised the Sheriff rents space on the towers; and he wants to know how much additional income the Sheriff derives from it. Commissioner Higgs stated the Board approves those leases; with Commissioner O'Brien responding it does, but it does not know how much is received.

Chairman Scarborough directed staff to give the Board a report.

Commissioner Voltz recommended Items III.A.10, III.B.5., and III.B.7. be pulled for more information.

Chairman Scarborough requested adoption of a resolution commending Dr. Onofre Carrillo for his outstanding contributions to the residents of North Brevard, and wishing him well in his retirement. He stated it will be presented to him at the Hospital in a few weeks.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Dr. Onofre Carrillo. Motion carried and ordered unanimously.

Chairman Scarborough advised at the last meeting Daphne Stevens, Mark Durman, and others from North Brevard addressed the Board regarding the Comprehensive Plan protection for Titusville well fields; and he was authorized to meet with Titusville City Council, but it will not be until March 9, 1999. He stated there was some concern whether it could be done in a timely manner; a Comprehensive Plan amendment is a slow process; and people will be harmed by the process. He stated there may be other options in the current Comprehensive Plan by the Board making some interpretations; on February 23, 1999, staff will bring options for the Board to consider, knowing it will have to look at the Comprehensive Plan; but in the interim there are things the Board can consider. He requested the Board allow staff to proceed with a report for the February 23, 1999 meeting. Chairman Scarborough stated there may be a need to waive fees in case there is a need for appeal; and inquired if that has to be done this morning, or will it be on a case-by-case basis.

Assistant County Manager Peggy Busacca advised the appeal fee is $1,000 for an interpretation of the Comprehensive Plan; but she and Mr. Peffer discussed how they could bring the septic tank definition issue to the Board. Chairman Scarborough inquired if it has to come as an appeal; with Ms. Busacca responding Mr. Peffer and Mr. Knox discussed that.

County Attorney Scott Knox advised the mechanism set out in the Comprehensive Plan is to have an appeal; he has not addressed the issue of the Board doing the interpretation; and supposed it could if it wanted to, but typically it has come to the Board by appeal. Chairman Scarborough inquired if it has to be a formal appeal by someone who is harmed by an interpretation; with Mr. Knox responding that is the way it is done, and that is the precedent that has been set.

Chairman Scarborough stated staff could make a determination and let the property owner proceed with an appeal; however, if it is not a clear cut answer and could be interpreted either way, and staff wants a Board decision, that could be considered an appeal by staff to the Board. He stated staff does not want to make the call if an aerobic system is a septic tank. Mr. Knox indicated it would be equivalent to a staff-initiated appeal. Chairman Scarborough stated he would prefer to proceed in that manner because it would be clearer for the Board to see it described by staff rather than applicants who do not understand the technicalities.

Commissioner Higgs stated in the years she has been on the Board, she does not recall there being a question whether an aerobic system was a septic tank. She stated people have consistently asked for variances from some provision of the Septic Tank Ordinance and have been required to do aerobic systems.

Chairman Scarborough stated the question is if an aerobic system is in the definition of a septic tank; there is a lot of information that says it is not a septic system because it operates at a level of a treatment plant; if staff says it is not a septic tank, the people can put aerobic tanks in; however, staff preferred to have the matter determined by the Board. Mr. Knox advised there is nothing in the general provisions applying to appeals that prohibits staff from initiating an appeal. Chairman Scarborough stated it would make more sense if staff spells out the matter and asks for an interpretation by the Board rather than proceeding with an adversary position and making it more complex.

Commissioner Voltz stated she has heard aerobic systems referred to as onsite sewage disposal systems and not septic tanks; with Commissioner Higgs responding septic tanks were also defined that way. Commissioner Voltz stated the people who install them have a definition difference. Chairman Scarborough stated rather than telling people to proceed with aerobic systems, staff wants the Board to determine the correct interpretation; so he does not know if the applicant appeal process is necessary. He inquired if the County Attorney has a problem with the Board proceeding in that manner; with Mr. Knox responding he has no problem.

Commissioner Higgs inquired when will the Board say staff make an interpretation and applicant appeal to the Board, and when will it go to a short-circuit procedure that is being suggested in this case. She expressed concern about the precedent being set for a few people.

Chairman Scarborough stated no applicant came forward to request an interpretation; staff initiated it; and when he asked staff if they felt comfortable proceeding, staff said they should bring it before the Board; so it is not an applicant-initiated appeal. He stated an appeal would occur only if staff interpreted it one way and the applicant disagreed; staff is saying it is not a septic tank; and they are bringing it to the Board for its blessing, so there is no appeal. He noted people do not appeal things when a judge rules in their favor. Commissioner Higgs inquired if it will be put on the Agenda; with Chairman Scarborough responding staff will bring it back on February 23, 1999; the Board will hear all the facts and can ask questions and interpret it any way it wants to; but staff said it is okay to proceed in the area of critical concern with aerobic systems. Commissioner Higgs requested a statement from the Septic Tank Review Board. Chairman Scarborough inquired if it would delay the item; with Mr. Peffer responding he does not think it would.

Chairman Scarborough stated the County?s Comprehensive Plan is protecting Titusville?s well fields more than the City is and more than State standards; people are caught and can suffer some harm; in time the Board will have to change its Comprehensive Plan; but the problem is how can they proceed in the interim. He stated staff will bring the complete report to the Board.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of December 1, 1998 Regular Meeting. Motion carried and ordered unanimously.

County Manager Tom Jenkins recommended the resolution be rescheduled, as Shelley Hardy could not attend the meeting.

Clerk of the Circuit and County Courts, Sandy Crawford, advised it is the 17th year the Certificate of Achievement for Excellence in Financial Reporting award has been received by Brevard County; and it is important because it reflects the financial status of the County which helps it to pay less interest. He presented the plaque to Stephen Burdett, Finance Director.

Mr. Crawford advised Mark Peterson is the supervisor whose primary responsibility is preparing the award winning Comprehensive Annual Financial Report (CAFR); and presented a certificate of appreciation to Mr. Peterson.

Mr. Crawford advised the Finance Department will be moving to the Government Complex- North on the third floor in a few weeks.

Chairman Scarborough thanked Mr. Crawford for the achievements of his staff.

.RESOLUTION, RE: TRANSFER OF TRAFFIC SIGNALS TO CITY OF PALM BAY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution transferring certain traffic signals from the County to the City of Palm Bay as a result of transfer of ownership and maintenance responsibility of a portion of Malabar Road to the City. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Amendment to Lease Agreement with State Representative Randy Ball for office space at Government Complex - North at $600 a month until November 7, 2000. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Amendment to Lease Agreement with Prevent of Brevard, Inc. for lease of space at Gibson Community Center at $656.06 a month until February 13, 2001. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Contract Renewal with Harbor Branch Environmental Laboratory for analytical laboratory services required by Surface Water Improvement and Water/Wastewater Divisions, until September 30, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with Tuscany, Inc. for Dr. Martin Luther King. Jr. Public Library, increasing contract time by 15 days with no change in contract price. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with Priority One Construction, for Port St. John Community Center, increasing contract price by $10,045.35 for Authorizations 3 through 6, regarding site storm drainage, electrical system, back splash, and tile flooring. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to award bid to lowest qualified bidder, and execute Agreement with Quality Maintenance and Repair, Inc. at $120,000 for construction of concrete decking and outside seating at Sand Point Park Pavilion. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to accept and award bids for purchase and installation of fire alarm system at North Brevard Service Complex. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to acknowledge receipt and deposit of a check in the amount of $94,219.70 from Florida Office of The Comptroller, for a federal lawsuit with major oil companies, deposited in Fund 1420, County Transportation Trust Fund. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize the County Manager or his designee to allow the County to participate in and assist with non-profit community based events such as the Indian River Seafood Festival, Port Canaveral Seafest, Brevard County Fair, and Grant Seafood Festival, and establish a threshold in relation to the authority of no more than $2,500. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve reappointment of Paulino O. Vasallo as the 18th District Medical Examiner; and authorize the Chairman to sign the concurrence form. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Policy language changes to the First Time Homebuyer Program and Replacement, Rehabilitation, and Repair Deferred Loan Program; approve amended State Housing Initiatives Partnership Program Plan (SHIP); and authorize staff to submit the amended Plan to Florida Housing Finance Corporation. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with Spaceport R/Cers, Inc. for use of the model airplane area at the Off Road Vehicle Park, from April 1, 1999 through March 31, 2000; and authorize staff to include in the Agreement any future Board approved contract clauses. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 2 to Agreement with Rick Weidig Construction, Inc. for Manatee Hammock Bathroom Renovation Project, increasing purchase order price by $5,655 for counter tops with three sinks, GFI?s, laundry tubs, and handicap shower seats and grab bars; and approve Budget Change Request and final payment to the contractor. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to reappoint Gil Ryan to the Public Golf Advisory Board, with term expiring December 31, 2000. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve a one-year extension of the Agreement with Advanced Data Processing, Inc. for EMS ambulance billing service. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Amendment No. 1 to Contract with Florida Department of Environmental Protection for the 1998-99 SUPER Act Programs. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Task Order No. 97-12 with Glace & Radcliffe, Inc. to provide engineering services for expansion of Sarno Road Landfill, at $208,000. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to obtain appraisals and negotiate purchase of approximately nine acres adjacent to Sarno Road Landfill. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise public hearing to consider an ordinance revising the mandatory sewer connection requirements. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to schedule a workshop on February 25, 1999, to discuss the EMS Advisory Council?s Planning Report. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with the Office of State Courts Administrator for distribution of $59,946 from the State?s Article V Trust Fund; and approve the related spending plan. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Appendix 3 to SAP America Public Sector, Inc. Software End-user License Agreement, and authorize the County Manager to execute future change orders and addenda, such as product license
agreements and project planning documents. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute License Agreement with Air Wire Net, Inc. for installation of an antenna on a radio tower owned by the Sheriff?s Department in Palm Bay, at annual rental of $7,200. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to appoint and/or reappoint Barbara Arnoult to the Arts in Public Places Advisory Committee, with term expiring December 31, 1999; Erica Wells, Cindy Flachmeier, Mischel Ostovich, and Jewel Collins to Brevard County Commission on Status of Women, with terms expiring December 31, 1999; Patsy Scherer to Central Brevard Library and Reference Center Advisory Board, with term expiring December 31, 1999; Yvette Torres to the Employee Benefits Advisory Committee, with term expiring December 31, 1999; Daniel Dooley to the Rotary Park at Suntree Community Committee, with term expiring December 31, 1999; and George Bell to the Parks and Recreation South Service Sector Advisory Board, with term expiring December 31, 1999. Motion carried and ordered unanimously.

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

Sheriff Phil Williams advised he received correspondence from the County Attorney?s Office regarding a proposed local ordinance to modify the three-day wait and sale of firearms on property open to the public, and inquiring if he had difficulties regarding sale of firearms by private persons on public property; and to his knowledge there have been none. He stated he received information from the County Attorney?s Office that was provided by a citizen that indicated there were thousands of individuals who filled out the federal firearms purchasing form at licensed dealers and after a background check, the sales were stopped; and those persons are a better targeted group for enforcement than private sales. He stated he attended the gun
show in Melbourne, and there were no problems; private sales of firearms have been conducted in an appropriate fashion; and there is not much that can be done that is not already being done by the State.

Chairman Scarborough inquired if the Sheriff?s recommendation is not to implement the Constitutional Revision; with Sheriff Williams responding yes, because there is not a problem in Brevard County that an ordinance would address.

Bill Page advised he promotes the gun show in Melbourne; and invited the Commissioners to attend the show on March 20 and 21, 1999 to see what is going on. He stated passing the Revision will not impact their shows because 99% of the people are federally-licensed dealers; FDLE has an $8.00 charge to dealers for background checks; and dealers in turn charge the customers. He stated there are private sales at the shows, but not many; generally they sell to dealers; private citizens cannot call FDLE to get a check; and explained the waiting period and federal procedures regarding sale of firearms. He advised of efforts to shut down mom and pop operations, reduction in licensed dealers, record checks, areas that have added waiting periods, and sale of firearms on the street not being affected by the Revision, but gun shows can lose control. He stated there are plenty of firearm regulations; he does not want to restrict the sale of firearms; and compared it to selling an automobile to a drunk.

Commissioner Voltz stated gun shows losing control over the sales seems to be a negative impact. Mr. Page described what takes place at his gun shows, including security, trade-ins that do not require waiting periods, restricting sales, and the FDLE?s operations. Commissioner Voltz inquired if there would be a positive impact; with Mr. Page again describing his security system at gun shows, and noting there is no problem in Brevard County.

Commissioner Carlson inquired if there is an FDLE person on site; with Mr. Page responding not unless they get enough business. Commissioner Carlson inquired how unlicensed sellers are dealt with; with Mr. Page responding they follow the federal laws; and explained the procedures that are followed.

Discussion ensued on background checks; sales in parking lots, homes, and streets; National Instant Criminal Background check; excise tax on sale of firearms; the FBI and FDLE systems; costs to call in and transfer firearms; what is happening in Miami; reasons why people are denied approval to purchase firearms; and conditional refusals.

Bob Griggs, owner of B&H Gun Rack, advised the Amendment is not aimed at his store; it is aimed at shows, flea markets, etc.; but it is a "feel good" law by people who do not understand how guns are sold, how they are transferred, and how people obtain them, so it is not effective. He stated the Amendment allows counties to impose a redundant law for an additional waiting period or mandated background checks for non-licensed firearms dealers; however, the FDLE and FBI will not conduct background checks for non-licensed firearms dealers; so the government has mandated something that is impossible to do. He stated the Sheriff and Police Departments will not do it; and licensed dealers can only do it for firearms that they sell. Mr.
Griggs advised nothing stops them from selling guns in the newspapers, at flea markets, on the streets, or conducting aisle transfers; and considering it is a felony for a convicted felon to purchase a gun, a misdemeanor crime of illegal transfer is not going to stop him from buying one. He stated passing one law on top of another creates multiple layers of jurisdiction; and the people who have established businesses and licenses are caught in the mix of the laws.

Commissioner Carlson inquired if licensed dealers have an inventory with the government; with Mr. Griggs responding yes, the law says, "Any dealer that transfers or sells a gun from his inventory shall be responsible for conducting a background check." He stated the dealer gives the name of the buyer, but the transfer number is assigned to the dealer and not the buyer; and explained the process. Mr. Griggs advised the federal government has a harder stance than the State government, but any licensed dealer has to comply with every layer of regulation. He stated the FDLE number is only good for four days; so if there is a five-day waiting period, the number would expire before he could effect a transfer.

Discussion ensued on why the revision was initiated, lack of knowledge of the process a dealer goes through, unlicensed sellers, making gun shows private clubs to avoid the law, and occupational licenses.

Neal Kirschner, President of Oaks Trading Post, advised the gun business is probably the most regulated business aside from pharmaceuticals; they are governed by federal, state and county governments; there are 35,000 federal and state gun laws; and not one has ever been repealed. He advised of the process and paper work involved in selling a gun.

Commissioner Higgs advised the Brevard County citizens supported Amendment 12 by 67%; it is a small part of a complicated business; and anyone who does business in firearms sales deals with complex laws and a lot of different levels of regulation. She stated it is one part of the County closing a loophole; Mr. Page said there would be no significant effect on his business; there are mechanisms for individuals who want to get a gun to obtain it illegally; but a legitimate dealer will go through the background checks and waiting period. She stated the Amendment option gives the Board the ability to close a small loophole; it will not put gun shows out of business; FDLE said there is a mechanism by which gun show attendees can be checked; so the Board should direct the County Attorney to draft an ordinance for consideration within the required time period.

Commissioner Voltz advised she thinks the voters thought it would do something positive, but today the Board heard it is not going to help or do what the people thought it might do; and the Sheriff agreed it is not going to be effective. She stated she is not into "feel good" laws, and will not support it because it will erode the Second Amendment rights.

Commissioner Carlson advised based on listening to some of the dealers, the Board could solve a lot of the problems and the issue of the public?s interest in having more control regarding unlicensed sellers providing firearms to potential felons, minors, etc. by making it illegal to have anyone but a licensed dealer at gun shows or other public meeting places. She stated they
would go through the same process licensed dealers go through, and it would be fair across-the-board. She stated if the President decides that the NICS system is going to be up and running and everybody can go through a free background check, then everything will be covered.

County Attorney Scott Knox advised there are certain laws that have been passed by the State that preempt the counties from getting into certain areas of regulation; and he would have to research that.

Chairman Scarborough stated he heard a lot of suggestions of what works and does not work, and that it is not going to affect a whole lot, because there are too many ways around it; and inquired if the Board creates an ordinance that it cannot enforce, why would it do it. He suggested people who put some thought into it meet with the County Attorney to see if there is something constructive the Board could consider because it is a problem; and there is no reason to not try to address it when they have the focus of the community on the issue. He stated he would like to pursue it to see if there is something that may be better.

Commissioner Higgs advised a citizens? committee looked at complaints about firearms discharging in residential areas, and very few recommendations came back; the Board has an opportunity to close the loophole; and there would be no impact on the gun show business because there is a mechanism by which the background checks can be achieved. She stated it is a legitimate forum for people who have guns to sell them and get background checks; so she does not think everyone who goes to a gun show has to be a licensed dealer, but the person who buys a gun must meet the same criteria which is a background check and waiting period. She stated she is not in favor of putting it off and having people come back again and again; the Board should move forward to develop an ordinance and bring that back for consideration and more testimony, or put the idea of implementation of Amendment 12 to rest. She noted this is the third time it has come up.

Chairman Scarborough stated the Sheriff should know if there is a problem; he has no vested interest but to serve the people; the Board had people come up and not oppose the ordinance but talk about the methodology; and the Board may lose the opportunity to bring them together in a constructive setting. He stated nothing may come back, but perhaps Mr. Knox could come up with some things that are more effective; and this would be the time to look at them. Commissioner Higgs stated the State law preempts the County from doing almost anything, and that is why the Constitutional Amendment was proposed and received support from significant forces in the State, including a number of gun dealers, state attorneys, and law enforcement officials.

Commissioner Voltz stated if government wants to require background checks because it is worried about people getting guns who should not get them, it should provide them at no charge; and she does not see a problem with the people working with Mr. Knox to come up with some ideas that could work to take guns out of the hands of those people who should not have them.

Commissioner Carlson agreed with Commissioner Voltz, and stated it would give the Board all the options, the legal side of everything, and what can be done to keep firearms out of felons? and minors? hands. She noted Mr. Knox could work with the dealers and public and come back with an ordinance that will work for the County, and not just create another law. She stated the Board does not have to pass the ordinance, but in that form it could act on it one way or another; so she would support drafting an ordinance based on the County?s legal rights.

Commissioner Higgs advised the Florida Association of Chiefs of Police and Florida Department of Law Enforcement supported Amendment 12; the Board should move forward to develop the ordinance which implements Amendment 12; and it can ask the County Attorney to meet with those people to further look at the issues that the Board may have some influence on. She stated the Board is limited in what it can do by State and federal laws and is preempted from doing almost anything other than what it is being given in the Constitutional Amendment; so she will move to direct the County Attorney to develop an ordinance.

Motion by Commissioner Higgs, to direct the County Attorney to develop an ordinance for consideration by the Board for a three-day waiting period and background check at gun shows, as provided in Amendment 12. Motion died for lack of a second.

Chairman Scarborough stated the Board asked for comments on the implementation of the Constitutional Revision; it expanded the scope to determine if there are better ways to answer the concerns; everybody here has gone out of their way to comply with a lot of regulations to make sure guns do not fall in the wrong hands; their economic interest lies in the implementation of this Amendment; but they have spoken against something that is not in their best interest. He stated they are probably at the meeting because it is not a well-founded law; so the Board needs to let them work with the County Attorney on new options.

Motion by Commissioner Voltz, to direct the County Attorney to talk to gun dealers and other people and prepare options for consideration by the Board.

Commissioner Carlson inquired if it would be an efficient use of time to frame it in an ordinance; with Chairman Scarborough responding historically when it is an information gathering mode, it comes back to the Board for the Board to elect one of the options, then advertise it, because they could advertise more than the Board is interested in, and the community would come out, and there may be no support from the Board.

Commissioner Carlson seconded the motion.

Commissioner Higgs advised the National Association of Stocking Gun Dealers Executive Director said, "Do something about gun shows. Either shut them down or regulate them or restrict their activities to legal transactions in firearms." She stated all Amendment 12 does is
require people who are buying guns that are sold in those situations to meet the requirements of
the law, that they are eligible to buy firearms, and that there is a three-day waiting period. She stated the Board should move forward and implement Amendment 12 then see what else is available. She noted there are limited provisions available to counties in controlling the obtaining of firearms by people who are not qualified and should not have them. Commissioner Voltz stated there is nothing to preclude the Board going to the State Legislature to work with FDLE on some things.

Commissioner Voltz stated the Florida Association of Clerks supported Revision 7, but the Brevard County Clerk does not support it; and most of the Clerks reluctantly supported it; so because some people supported it does not necessarily mean they wholeheartedly supported it.

Commissioner Carlson requested a time frame when it will come back to the Board. Chairman Scarborough inquired the County Attorney and Sheriff can return with a report in a month.

Commissioner Higgs advised Katherine Rundell, State Attorney for the 11th Judicial Circuit, and Paul Mendelson, Chief Assistant, wrote, "The Joe Carlucci Uniform Firearms Act was adopted under Florida Statute 790.33. Under this Statute, the State Legislature has the exclusive authority to enact laws relating to firearms. Since 1987, the Legislature has not passed any laws to close the loopholes in the State firearms law and has indicated that the only way to do so is a Constitutional Amendment." She stated that is what Amendment 12 is about; the State has exclusive right; the County has very little other ability to act; and that is why she supports moving ahead at this time with Amendment 12.

Chairman Scarborough advised the motion is that within a month?s time, these people who have come here, the Sheriff, and the County Attorney will come back with a report on options that the Board could look at that would better close the loopholes; and the Board could elect things it would like to proceed with and advertise those in an ordinance.

Commissioner Higgs stated her preference was to move forward today, but her motion did not get a second; there is nothing wrong with getting more information, but in 30 days the Board will be back to the same position; she will support the motion simply because it does not close the door on what the Board can do; but she feels it should move now.

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

The meeting recessed at 10:31 a.m., and reconvened at 10:45 a.m.

Commissioner O'Brien advised in the past it has been a policy of the Board not to assign time certains to personal appearances; and they usually are almost last on the Agenda.

Chairman Scarborough inquired if the Board preferred not to give time certains to personal appearances; with Commissioner Voltz responding time certains should be given to people who need them; Nelly Strickland is not in the greatest health and needs to know when she will go on because she cannot possibly sit here all day. Commissioner O'Brien stated that can be applicable to a lot of people; time certains are for items that will generate large turnouts; and in his opinion, personal appearances belong at the end of the Agenda and heard in order.

Chairman Scarborough advised he has not given time certains to personal appearances and has given it to larger groups; but this time there was capacity to give time certains to personal appearances because there was only one large group item. Commissioner O'Brien stated the next time the Agenda is crowded, people will demand a time certain for personal appearances because it was granted in the past. Chairman Scarborough stated he will turn them down if there are other large issues. Commissioner Carlson stated if it is a hardship for an individual and that person has to come at a time certain, it needs to be for a specific circumstance. Chairman Scarborough inquired if it should be granted for specific hardships. Commissioner Higgs stated it should be consistent; and if it is a policy to give time certain for personal appearances, then everybody should have it, because it is a hardship for anyone to sit here for three hours, whether it is a business person, retiree, etc.

Chairman Scarborough stated there are different kinds of hardships; some bring attorneys who charge $150 an hour; and inquired if that is a hardship. Commissioner Higgs stated everybody could have a hardship, so the Board should not give time certains for personal appearances, or give them as the Chair is able to. Commissioner Voltz stated it should be up to the Chairman. Commissioner Carlson suggested keeping personal appearances at the end of the Agenda. Chairman Scarborough stated he gave the personal appearance a time certain today because there was only one large item on the Agenda; normally it has not been granted; and as a practical matter the Board can only have about two time certains in the morning. Commissioner Higgs stated if the Chairman is going to grant a personal appearance and a time certain, that would only occur once or twice a year, but by granting that, it gives special recognition; so the Chairman should be discreet in the use of time certains.

Commissioner O'Brien stated his point is not how many time certains but that personal appearances should not be granted time certains. He stated if the Board goes there, it will end up between a rock and a hard place when personal appearance people call in first for time certains. Chairman Scarborough advised he waits until Friday to grant time certains; and requested guidance from the Board on its preferences.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, that in the future, personal appearances remain near the end of the Agenda with no time certains under any circumstances.

Commissioner Voltz advised it should be up to the Chairman; that is the Chair?s responsibility; and if he sees there is a reason why he needs to give a time certain, he has the details and
background and should be able to do it. Commissioner Carlson indicated she would prefer to stick with the current Agenda format.

Chairman Scarborough stated the Board does not need to vote on it because three Commissioners want the personal appearances at the end of the Agenda under all circumstances; so it should be incorporated into a Board policy, not to be changed or waived without a majority vote of the Board. He instructed the County Manager to incorporate it into the Board?s policies.

Arthur Irvine advised Resolution No. 98-148 implemented a new Valkaria Airport Advisory Board (VAAB), providing for 11 members appointed by all Commissioners, and changed the meeting frequency to quarterly; and a more broadly based appointment process made it more difficult to stack the Board on one side or the other, which was an improvement, but what has developed is disturbing from the standpoint of fundamental constitutional rights. He stated the Resolution sets forth five areas where the VAAB has the authority and duty to review and provide recommendations; but the letter from Peggy Busacca, Assistant County Manager, says the VAAB cannot exercise its authority. He stated during a meeting in December, 1998, Katherine Harasz, Assistant County Attorney, explained how the VAAB is forbidden from entering into any discussions on any matters that it clearly is provided authority; Board members cannot make motions; and members of the public are denied the right to make proposals and enjoy a response. He stated the VAAB is a fraud, representing the corruption of the democratic process; and it is important that it be properly identified as wrong and steps be taken to correct the wrong. He noted a number of members will not continue to serve under those circumstances because their time is being wasted and their civil rights abridged. Mr. Irvine requested the Board affirm the spirit of the Resolution and order County government to respect same, remove the gag order, amend the Resolution to provide bi-monthly meetings rather than quarterly, and refer the task of developing and implementing a State charter Valkaria Airport authority. He stated the authority would be chartered to serve exclusively the needs of Valkaria Airport and its surrounding community, and relieve County government of the responsibilities it currently performs. He stated endorsement of the authority concept and insistence that it be done provides evidence that they must find common ground; and only the Board can demand it be sought.

Chairman Scarborough stated Mr. Irvine commented where the VAAB is now is not satisfactory; and inquired what would he advise the Board undertake; with Mr. Irvine responding the ability of the VAAB to discuss any issues that would have any bearing on what may go into a charter which would assure the survival of the Airport and a particular lifestyle of a community, and be allowed to meet frequently enough to discuss anything that would be pertinent. Chairman Scarborough inquired if Mr. Irvine is suggesting an authority be created by the Florida Legislature; with Mr. Irvine responding much like TiCo and Melbourne Airport Authorities, but with less ambitious goals. Chairman Scarborough advised TiCo Airport Authority members are appointed by the Commissioners from Districts 1, 2 and 4 because that is the taxing area; and inquired how will the members of a Valkaria Airport be chosen; with Mr. Irvine responding the greatest ideas come from collaboration; and he hopes everyone will be a part of that process. He stated he would prefer appointed members who would take an oath of office to adhere to the principles set forth in the charter, and provide a mechanism for removal if they violate the oath. Commissioner Scarborough advised TiCo members are appointed and the Port Authority is elected; there are many variations in the format of an authority; and there are dependent and independent taxing districts. He inquired if Mr. Irvine wants the Board to think about options; with Mr. Irvine responding he would like to have the VAAB tasked with the pivotal role.

Curt Lorenc stated a recreational airport does not need an airport authority; Valkaria Airport is too small; an airport authority has been tried and the State turned it down; but the current board is not working, has overstepped its powers, and is out of control. He stated many members have conflicts of interest; Mr. Vasconi and Mr. Cook are on the T-hangar waiting list; and because of so many problems, the Board may want to consider whether it needs an advisory board or not. He stated the County has a good airport manager who seems to be handling things quite well; and the need for an advisory board is minimal if at all. Mr. Lorenc advised Florida Statute 526.141 requires FBO?s to be attended at all times; and FAA Regulation 91.3 says, "The pilot in command of an aircraft is directly responsible for and is the final authority as to the operation of the aircraft"; consequently, Mr. Shimkus is not forcing pilots to land on the wrong runway. Mr. Lorenc commented on actions of a Commissioner; and Chairman Scarborough stopped him from addressing issues other than the subject before the Board.

Janis Walters advised Katherine Harasz?s briefing did not say discussion was forbidden; there is no gag order on the VAAB; however, the VAAB may not send recommendations to the Board without being tasked to do so unless they are on the four things that the VAAB is tasked with. She stated there is no freedom of speech issue involved; the VAAB has a mission as described by the Board and serves at the pleasure of the Board; and it has no authority to act because its function is advisory. She stated Mr. Irvine wants the board to become an authority and have the ability to dream up projects and spend public money; and he said the board is not stacked, but there are seven pilots and four non-pilots on the VAAB. Ms. Walters stated Valkaria does not hate the airport; it has problems with inconsiderate airport users; and they are justified in that. She stated Mr. Shimkus is doing his best to make sure people follow the rules; the airport, from the community?s perspective, is at an acceptable state of balance; the new airport layout plan includes only the projects already approved by the Board; the habitat restoration plan is substantially complete; the burn took place on Friday and U.S. Fish and Wildlife Service needs to sign off on that, then it will be finished; and the line of sight and transition slope problems are being taken care of. She stated the resurfacing of Runway 9/27 has been halted in the planning stages because of contamination probably when it was a military base; and the Board has taken steps to maximize the airport?s revenue producing opportunities to make sure it can have adequate staff on site, keep facilities nicely maintained, fund projects currently underway, and pay the airport?s debts. She noted nobody got everything he or she wanted, but everybody got something as the Valkaria Airport issues were sorted out and decided on; so the real question today is how much is enough. She stated an authority may not be the answer; the Melbourne Airport Authority has a new terminal which may be obsolete before it is occupied; Valkaria has everything it needs to be a safe and adequate facility for recreational aviation; and if Mr. Irvine wants something more, he can go to a different airport. Ms. Walters stated the VAAB was constituted to provide advice on certain things and whatever else the Board sends it; there is nothing wrong with that; and considering aviation continues to decline, there is no point in building up another airport in Brevard County that would need an airport authority.

Chairman Scarborough inquired if an authority for Valkaria Airport was previously considered; with County Manager Tom Jenkins responding it was an option that was presented to the Board among other options. Chairman Scarborough inquired if it was discussed with the Legislative Delegation; with Mr. Jenkins responding he is not sure it goes to the Legislature under the home rule charter; and the Board may have the authority to establish it locally. County Attorney Scott Knox advised there are two ways to set up a district--(1) create a dependent district by ordinance; and (2) create an independent special district by special act of the Legislature; but in a charter county, it also requires approval by referendum before it can take effect.

Commissioner Voltz advised she heard from VAAB members about the problem of what they can discuss; Mr. Paul Vasconi?s letter has three issues he would like staff to look at to see if there is a problem with those; but she has not had an opportunity to read the letter. Commissioner Higgs stated she read it; and what the Board did when it adopted the initial Resolution was to craft an advisory board that allowed citizens to participate in a limited way to give the Board advice. She stated it is only into its third or fourth month; and it should be left in place with no changes to the procedures. Commissioner Voltz advised the three issues are: "(1) Allow the VAAB to served as a first step for investigation and discovery of any pertinent airport issues of timely significance. Any appropriate issues then can be forwarded directly to the County Commission for additional consideration and discussion. (2) Give the VAAB a reasonable meeting frequency. Four times a year is totally inadequate if the board is to serve any realistic purpose. and (3) Consider ways in which the VAAB might be better positioned and empowered in the decision-making process regarding matters which pertain to the airport and surrounding community." She stated instead of issues going the other way around, the people who are on the VAAB should be contacting this Board about certain issues; she agrees with more frequency of meetings; and all three issues are not detrimental to the airport, so they should be able to look at them.

Chairman Scarborough directed staff to review the letter from Paul Vasconi, and return with a report to the Board.

Chairman Scarborough advised Ms. Strickland that County Manager Tom Jenkins addressed the letter from Rod Baker earlier in the meeting.

Nelly Strickland advised of giving the Board a set of questions and requesting a joint meeting between the Board and the North Brevard Hospital District Board on May 5, 1997, problems regarding an opinion poll and Mr. Baker, her health problems, not requesting a time certain, and her efforts to get information from the Hospital through State officials, including the Governor. She stated the side-by-side board owns the Port St. John Clinic, the MRI, the CAT SCAN and other things, and receives the profits; there is a law that says hospital boards can use money only for medical purposes; and creating the side-by-side board evades that Florida Statute. She opposed the quarter of a million-dollar donation to the YMCA by Parrish Medical because there are limitations such as membership and fees, and because it is not medical related. She stated two of the YMCA Board members now sit on the Parrish Medical Support Group Board; and there are members on the Board doing insurance business with the Hospital which should be a conflict of interest.

Commissioner Voltz stated the document Ms. Strickland gave the Board is difficult to read; and requested a clearer copy; with Ms. Strickland responding she will provide a better copy. Ms. Strickland stated the reason a joint meeting came about is because they wanted answers to their questions to get the shady dealings out and in the open. She explained how she was treated by Mr. Baker, his ability to make money, the mediocre services provided by the Hospital, and her willingness to sell it; and stated if the questions were properly answered, the problem would solve itself.

Bea Polk stated the side-by-side corporation was formed to remove money out of the public?s hand and put it in the hands of three people; and there are five members on the board, but it takes only three to approve items. She explained the membership, noting Walt Johnson and Earl Spencer have been there a long time; stated Mr. Spencer sells insurance to the hospital and side-by-side board; and indicated the appointments by the Board and City Council have no voting power, so the CEO of the Hospital runs the Hospital as well as the side-by-side corporation. She stated approximately $3 million was spent to build the Port St. John Clinic, and the Hospital Board wanted to give it to the side-by-side corporation, but she told them the corporation could not get federal government dollars; so they will use the hospital staff to collect the money for the MRI and give it to the side-by-side corporation. Ms. Polk stated it is time for petitions to sell the Hospital, because they are taking millions of dollars and giving it to a corporation which makes no money of its own; and it is the taxpayers? money. She described one of the meetings of the Hospital Board, discussions about violating the Sunshine law, and the public having difficulty speaking at the meetings. She inquired if the Board would support North Brevard if they bring in petitions to sell the Hospital. She stated the side-by-side corporation gave $250,000 to an organization people have to pay to belong to when there are other things that are needed more; and they said it is health related, but the YMCA is not health related other than for exercise. She requested the Board get the answers to the questions; and stated a meeting will not make any difference because all they are planning to do is tell the Board how great they are.

Chairman Scarborough advised the letter invited the Board to a March 1st meeting; and inquired if the Board wants to respond to that letter, or Commissioners go to the meeting if they want to.

Commissioner Voltz stated the questions have been around for a long time; it was stated before that the questions have been answered, but they have not; so there are plenty of questions and allegations that the Board needs to meet with them on and not for thirty minutes of their meeting time. She stated the Board needs to get answers to the questions; and if it does not, the issue will never go away. Chairman Scarborough stated it is an independent taxing district; and the courts said the Board has no supervisory authority, but it can ask questions. Commissioner Voltz stated it has been a serious concern of North Brevard residents for a long time; she does not want to just ask them questions and they tell the Board their side and make it rosy, and that things are not going on when they are going on; there needs to be a question and answer period; and if somebody says something, the Board has a right to question the answer because that is the only way it will change for the better. She stated the Board cannot demand they do something, but it can request.

Chairman Scarborough stated there is a fight in the medical community in Brevard County between two entities; Parrish Medical Center is not part of that fight; it is the only Board where the public can sit in and get records and ask questions, so it is at a disadvantage in the fight between Wuesthoff and Health First; and the heart of the strategy in those entities would be to control Parrish in the North. He stated the Board has heard certain things here, but he heard other things elsewhere; so the Board needs to be mindful. Commissioner Voltz stated the Board does not know both sides of the issue; it does not know what is going on; it is at a distinct disadvantage by having the questions come before it; and it has only heard one side. Chairman Scarborough stated it is fair to ask questions, but the Board needs to understand the dynamics of the hospitals in Brevard County take on a much larger dimension than what is happening at Parrish. He stated the Board does not know what is happening at Wuesthoff or Health First because those are not open hospitals; and the quality of medical care is more dependent upon the resolution of that conflict than what happens within the purview of this item. He stated the Board will have questions asked of it that will take on bigger and broader dimensions.

Commissioner Higgs stated she supported the meeting because she thought it would be useful, but she is not sure this is the time for the meeting; there are questions raised about the side-by-side corporation and the Hospital Board; and maybe the County Attorney could draft a letter and ask some of the questions and get a response from their attorney and not necessitate a public meeting. She stated the questions are continuously raised to this Board, so it should ask the question and get a response from the CEO or Attorney for Parrish so it will know what is happening since it appoints people to the Hospital Board. She recommended Mr. Knox work to clarify the questions and get them answered. Chairman Scarborough stated the Special Act gives the Board the authority to appoint members which should give it some right to find out what the problems are so it can make good appointments; but what he was addressing was a bigger concern.

Commissioner O'Brien stated the reason the Board thought of having the meeting was because of the allegations or transgressions of civil rights of citizens; the records people wanted to see were not forthcoming; people were denied public paper work; and the Hospital is a public entity.

He stated the Board makes appointments to that board, so it shares in that responsibility; it has
a responsibility to make sure people?s rights are not trampled upon by a Board to which it makes appointments; and what is bothersome to him also is the side-by-side corporation and if it is being aggressively pursued on purpose to avoid being a public entity that the Hospital is. He stated if the Hospital is to be privatized, that is a different concept; but he has not heard a huge uproar from people in North Brevard that it is terrible, and just hears from the same three or four people. He stated he has a concern that should the Hospital continue to deny access to records the public wants to see within a reasonable time, then there is an arrogance of power being displayed that is not appropriate for a public entity. He stated the Board can take the voice of the public to that board and say if it continues to be wrong, the Board can petition to put on the ballot the sale of the Hospital.

Chairman Scarborough stated it is a creature of the Florida Legislature; the side-by-side corporation was created as an amendment to the enabling Act; and if the Board is concerned with the structure, the Legislative Delegation can affect changes to that. He mentioned the lawsuit; and stated if the Board cannot comment as to the millage, its comments would be limited as to internal policies; it has a right to know what is going on because it appoints people and feels responsible to the citizens who are asking the questions; but as to the detailed decisions, the Board will run into the same lawsuit that says it is independent of the Board. Commissioner O'Brien stated that may be, but does the Board want to take other action to change what is going on, with a combined effort of the City of Titusville, and remove the special district. Chairman Scarborough stated that is a major question, and if it occurs, it should only occur by the Legislative Delegation having a referendum by the people in the District. Commissioner O'Brien inquired if the Board would support a referendum to ask the question.

Commissioner Voltz stated the County Attorney sending a letter will not get a decent dialogue going with the Hospital Board; any answers they may give may raise other questions; and if the Board meets with them and has dialogue, more will get settled.

Chairman Scarborough stated March 1st will not work; and rather than just a few Commissioners showing up, he would suggest the Board invite the key Hospital people to its meeting to respond to questions, rather than have a joint meeting which is difficult to schedule. Commissioner Voltz stated it would be fine to have someone to answer questions in person. Chairman Scarborough recommended Mr. Jenkins write to Rod Baker advising of conflicts with the March 1st meeting, and sending the questions it would like to have responses to and to schedule him or whomever he wants to bring with him to a Board meeting where the Commissioners can ask follow-up questions if needed. Commissioner Voltz suggested an evening meeting where there is nothing else on the Agenda.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to instruct the County Manager to send a letter to Rod Baker, North Brevard Hospital District Administrator, requesting responses to questions from Nelly Strickland concerning the North Brevard Hospital Board, and inviting him to a Board meeting to discuss the issues. Motion carried and ordered unanimously.

The meeting recessed at 11:53 a.m., and reconvened at 12:34 p.m.

Commissioner O'Brien advised Don Hurst became a grandfather for the first time; and congratulated Mr. Hurst.

Chairman Scarborough called for the public hearing to consider a resolution vacating a portion of a right-of-way in Section 35, Township 24S., Range 36E., as petitioned by Walter Dyer, III, Trustee.

Assistant Public Works Director Ed Washburn advised the petitioner has requested the public hearing be continued.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating a portion of a right-of-way in Section 35, Township 24S., Range 36E., as petitioned by Walter Dyer, III, Trustee, until March 9, 1999. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider a resolution vacating a public utilities and drainage easement in St. Andrews Isles, as petitioned by James Maurice Rickly.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating a public utility and drainage easement in St. Adnrews Isles, as petitioned by James Maurice Rickley. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider an ordinance rescinding tax abatements provided to B & H Steel Company and Relm Communications, Inc.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Ordinance repealing Ordinance 96-33 relating to the Economic Development ad valorem exemption granted to B & H Steel Company; repealing Ordinance 97-19 relating to the Economic
Development ad valorem exemption granted to Relm Communications, Inc.; and providing an effective date. Motion carried and ordered unanimously.

Commissioner Carlson inquired if the tax abatement Ordinance provides an ability to collect it retroactively; with Economic Development Director Greg Lugar responding the master Ordinance provides the Board the ability to recover the funds from the company; however, it has not taken those steps, as reasons why companies may not fulfill some of the requirements are not the same. He stated a company may not move or expand in Brevard County so the exemption would not take place; and some companies may lower their employment but still qualify under the State statute and County Ordinance. Commissioner Carlson inquired if both companies settled in Brevard County and for how long; with Mr. Lugar responding B & H was provided abatement in July, 1996, and Relm in July, 1997; however, the abatements do not kick in until the following year; so B & H probably received $1,700 a year over possibly two years, and Relm about $9,000 for one year.

Commissioner Higgs stated if they did not meet the conditions under which the abatement was granted, the County should go through whatever process is necessary to receive the money back. Chairman Scarborough stated if the Board does that, it needs to be on the Agenda as a separate item, and staff advise them the Board will be discussing it.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to direct staff to return with a report on recovering tax abatements from companies that did not comply with the guidelines for tax abatement; advise those companies that the Board will consider reimbursement of tax abatements; and schedule it as a separate item on the Agenda.

Commissioner Voltz stated if the Board is going to do it for one company, it should go back and look at every company that was granted tax abatement and did not comply. Commissioner Higgs recommended staff look at any of those companies that should be revisited.

Commissioner O'Brien amended the motion to include all companies, and Commissioner Carlson accepted the amendment.

Chairman Scarborough inquired how long would it take to put a list together; with Mr. Lugar responding most of the analysis from previous years have been done, so it should not take long. Mr. Jenkins recommended the first meeting in March.

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

Chairman Scarborough called for the public hearing to consider a request from Anthony and Catherine Galie for a variance to the Brevard County Coastal Setback Line

Commissioner Voltz advised there is a concrete slab on the property; and the Galies will take it out, put in a pool, and take the fill from the pool excavation and add ten feet to the beach area. She stated she does not see a problem with it, but understands there are questions about the excavation.

Debbie Coles advised a hearing on the excavation could be part of this process. She stated it will have to be permitted by Beaches and Shores, but they need approval from the County before they can submit an application to the State. Commissioner Voltz stated this is not the final approval.

Commissioner Higgs inquired if they need a permit to put the sand on the beach; with Ms. Coles responding it will be part of the application to FDEP. Commissioner Higgs stated based on erosion data, the maximum variance that can be granted is 16 feet which is 8.5 feet less than the amount requested; and inquired what is that based on; with Ms. Coles responding recent data from surveys done on the beach. Commissioner Higgs inquired if the Board can only grant a variance in relationship to what the data outlines; with Ms. Coles advising the Ordinance limits the amount that can be considered by the Board, but it can also consider additional information.

Commissioner Voltz stated the neighbors on both sides are farther back from the beach, so she cannot see 24.5 feet being that much of a problem; and inquired if there is something the Board can consider; with Ms. Coles responding Mr. Knox indicated the Board can consider that type of data. Commissioner Voltz inquired if the Board can consider information that they are adding to the beach and not have to stick to 16 feet; with County Attorney Scott Knox responding yes. Commissioner Voltz inquired what is the distance from the edge of the slab to the beach; with Anthony Galie responding approximately 16 feet.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve a variance of 24.5 feet from the Brevard County Coastal Setback Line for Anthony and Catherine Galie.

Commissioner Higgs stated she will not support the motion, but will support 16 feet; and read from the Code. Commissioner Carlson recommended sticking with the Code; and stated she cannot understand how they can renourish that small section of the beach; with Mr. Galie responding that portion of the beach lacks vegetation; and by placing vegetation, they hope to restore it.

Commissioner Voltz amended the motion to include planting to hold the sand that is put back on the beach.

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

Motion by Commissioner Higgs, to approve a variance of 16 feet from the Brevard County Coastal Setback Line for Anthony and Catherine Galie, and include specifics on renourishment of the shoreline.

Commissioner Voltz stated she does not know if 16 feet is enough to accommodate the pool.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to continue the public hearing on a request from Anthony and Catherine Galie for a variance from the Brevard County Coastal Setback Line until February 23, 1999. Motion carried and ordered unanimously.

Chairman Scarborough requested the Contract be tabled for two weeks.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table the Contract for Sale and Purchase with H. I. S. Painting, Inc. for property in Spaceport Commerce Park for two weeks. Motion carried and ordered unanimously.

Commissioner Carlson stated based on the information she has, she cannot support the speed hump because in doing the calculations, only 1% are exceeding the speed limit.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to deny the speed hump request for Lakemoor Boulevard. Motion carried and ordered unanimously.

Commissioner Voltz advised the 60% has not been met; she has questions about the lawsuit; and until the Board gets information on that, it should not consider the request.

Commissioner Higgs stated there are situations where speed humps are useful to a neighborhood; if the neighborhood supports them, the Board should support them; and if the criteria are such that the Board is going to deny all of them, then the Board needs to review the criteria.

Commissioner Voltz stated not one request has exceeded the 60%, so something is wrong with the criteria.

Harry Pope requested 2.5 minutes to show a video; and Chairman Scarborough approved it.

Mr. Pope advised Julia Drive backs up to Johnson Junior High School and dead-ends; 75 to 125 students walk down the highway, and 394 vehicles drive down the dead-end street; they have a deputy there almost every day; and that is one reason they have not met the 60% requirement. He stated it is a dangerous situation for the children, and something needs to be done to slow down the vehicles.

Commissioner O'Brien inquired what is causing people on a dead-end street to speed down their own street; with Mr. Pope responding they have 15 houses on the street; and it is mostly the people who come to the School to pick up children who are driving up and down the street. He stated they tried to get the School Board to fence the School in the back, but it will not do it. Commissioner O'Brien inquired if high school children are coming down Julia Drive and parking to wait for their friends who have to walk across a long field; with Mr. Pope responding that is correct, and they should get out in the front of the School instead of the rear.

Commissioner Voltz stated it sounds like a School Board problem; with Mr. Pope responding it is, but they said it is not. Commissioner O'Brien stated it is a law enforcement issue; with Mr. Pope responding almost every day a deputy is there to slow it down, but the students walk on the road and have gotten citations for that. He noted someone will get killed there one day.

Commissioner O'Brien stated no one has been killed there; with Mr. Pope responding no, but a few children were hit off Julia Drive. Mr. Pope stated speed bumps were put down on Palmetto when it should have been on Julia. Commissioner O'Brien inquired how long has the School been there; with Mr. Pope responding he has lived there 27 years and it has gotten worse. Commissioner O'Brien stated the problem has been there 27 years and no one has been killed yet; with Mr. Pope responding things have changed from years ago.

Commissioner Voltz advised the Board will be meeting with the School Board, and this may be an issue to bring up. Mr. Pope stated if the Board can get the School Board to fence the property so the students cannot get out through the back, they will not need speed humps. Chairman Scarborough inquired if Mr. Pope would like the Board to send a letter to the School Board and raise the issue; with Mr. Pope responding he would like that. Chairman Scarborough recommended the item be deferred for a response from the School Board. Commissioner Voltz inquired what would a fence do; with Mr. Pope responding make the students go to the front of the school to leave.

Chairman Scarborough instructed Commissioner Voltz to send a letter to the School Board on the problem with students leaving Johnson Junior High School from the rear of the School; with Commissioner Voltz responding she will work with Mr. Jenkins and send the letter.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to table request for speed humps on Julia Drive for 60 days; and authorize a letter be sent to the School Board regarding students exiting from the front of Johnson Junior High School rather than the rear. Motion carried and ordered unanimously.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Chairman Scarborough stated B. B. Nelson advised the Contract for Sale and Purchase with H.I.S. Painting, Inc. needs to have a decision today.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reconsider Item VI.A.1, Contract for Sale and Purchase with H.I.S. Painting, Inc. for property in Spaceport Commerce Park. Motion carried and ordered unanimously.

B. B. Nelson advised the Contract with H.I.S. Painting, Inc. is for the purchase of five acres in the County?s industrial park at $75,000, with a two-year option to purchase another five acres at $75,000 at 5% per annum; and if they close within the year, the 5% would be applicable to the purchase price. He stated the property is not on a major road and is located in the rear of the park; the company will move from TiCo Road directly in front of the Airport terminal; and that property will be used for a classic automobile museum, subject to getting Foreign Trade Zone designation which the Port is working on. He described the facilities in the area; advised the company has major contracts with the Space Center to sandblast and repaint various parts that deteriorate from salt spray; and they will build a building to house the painting operation indoors. He stated the sale has been thoroughly discussed by Spaceport Commerce Park Authority and other members of the community; the County Attorney rewrote the Contract; surveys were conducted; and they meet all the requirements of the County.

Commissioner Voltz asked what is the problem; with Chairman Scarborough responding he asked his office to contact the County Attorney?s Office to check on deed restrictions; and he has not received a response back. He stated sandblasting sounds heavier than the deed restrictions he is acquainted with; and another concern is the hazardous properties of paint. County Attorney Scott Knox stated he will check on the deed restrictions. Chairman Scarborough stated when the park was developed, the deed restrictions were supposed to limit uses to PIP-type operations and not heavy industrial operations; and he does not want to lose the Contract, but he does not want to violate the deed restrictions either. He stated maybe there is not a problem, but maybe there is something that needs to be added to paragraph 5 of the Contract; and recommended the item be postponed for more information.

The Board postponed the Contract with H.I.S. Painting until later in the meeting.

The Board discussed the mix up with replacing Richard Hawkes on the Onsite Sewage Disposal Variance Review Board; and determined that Howard Wolf was appointed to replace Jerry Van Hoevan who resigned.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to clarify appointment of Howard Wolf to replace Jerry Van Hoevan on the Onsite Sewage Disposal Variance Review Board instead of Richard Hawkes, with term expiring December 31, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to donate Modular A at Melbourne Courthouse to Crosswinds Youth Services, Inc., with Crosswinds removing and relocating the Modular at its expense. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution establishing a policy relating to charges for resale of items at Valkaria Airport by the County?s FBO. Motion carried and ordered unanimously.

Commissioner O'Brien inquired if there is a purpose for a resolution from the Board; with Chief Bill Farmer responding when they speak to the State officials, they can say the Board took a stand on prescribed burning.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution supporting prescribed burning. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: HEAVY EQUIPMENT FOR SOLID WASTE MANAGEMENT DEPARTMENT

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to purchase heavy equipment for Solid Waste Management Department at approximate cost of $408,000. Motion carried and ordered unanimously.

Chairman Scarborough stated there is no reason to address the concerns because it is in the City of Titusville. He advised Stan Johnston to go to the City and express his concerns.

The Board took no action on renaming South Street as Martin Luther King, Jr. Boulevard.

PERSONAL APPEARANCE - LEROY WRIGHT, RE: ST. JOHNS RIVER AS AN AMERICAN HERITAGE RIVERS

Leroy Wright, representing Save The St. Johns River, advised the St. Johns River has the American Heritage Rivers status, but Congressman Weldon pulled District 15 out of the Program based on misrepresentation of the facts; and requested the Board reaffirm its position in support of the designation. He stated he received notification from Jacksonville Mayor?s Office that Brevard County has the highest participation rate in the entire District where the River flows with more communities, user groups, organizations, and private citizens supporting it. He stated he promised the Board that if the federal government imposed new regulations or any constraints on Brevard County or denied any public access, he would ask the Board to pull out of the American Heritage River Program; unfortunately, that opportunity did not arise since Congressman Weldon pulled District 15 out of the Program. Mr. Wright advised of support letters or resolutions from 11 municipalities, 15 businesses, two Chambers of Commerce, 12 user groups, and five conservation and environmental groups; and stated there were letters from a couple of Commissioners who, after the County voted to support it, wrote to the Congressman and asked him to consider withdrawing Brevard County from the Program. He stated another situation happened in a radio broadcast which stated support groups were in the process of changing their minds or had changed their minds; however, his group is busy working on it again. He explained his efforts and the efforts of Save The St. Johns River to get other entities to reaffirm their support; and stated opposition came from property rights advocates. He requested the Board reaffirm, by letter to Congressman Weldon, its support of the initiative and ask him to reconsider, because he said in his letter that unless he reconsiders it and notifies the government otherwise, it was not to be changed. He stated Congressman Weldon does not have all the facts, and he would like to get the facts to him. He advised of the growth of their organization; and noted it is not the environmentalists who are saying this should happen, but the community, businesses, and cities. He stated there are federal dollars to be gained if Brevard County is in the Program; there is no budget, but there are grants the County can apply for; but if it is not in a participant, it cannot file for the grants.

Commissioner O'Brien stated Mr. Wright?s disagreement is not with the Board; the Board voted in favor of the American Heritage Rivers designation; his disagreement is with Congressman Weldon; and if the Board reaffirms its previous action for Mr. Wright, it would have to do it for everything it has done again and again. Mr. Wright stated if Congressman Weldon out-performs the will of the people again, someone should come to the Board and ask it to talk to him. He stated he represents over 2,000 people who instructed him to come to the Board. Commissioner O'Brien stated if the Board starts reaffirming previous actions, it will become absurd; action has been taken; it is a matter of record; if Mr. Wright wants more, he can get a copy of the record and show it to the Congressman; but his fight is with the Congressman and not with the Board which did what it was asked to do. Mr. Wright stated since two Commissioners responded to Mr. Weldon and asked him to pull out of the Program, maybe the other three Commissioners could respond to him and beg him to stay in the Program. Commissioner O'Brien stated it would be appropriate if anyone wants to send Congressman Weldon a letter.

Commissioner Voltz stated the article in the newspaper contained erroneous dates; she went to Congressman Weldon?s office in November, 1997; the Board had a meeting in September, 1997; in January, 1998, he wrote his letter; and the Board did not vote on it until later, so she did not go against the will of the Board when she wrote her letter because she did not suspect the issue would ever come before the Board. Mr. Wright inquired if the Board voted to support it on September 30, 1997; with Commissioner Voltz responding it was in 1998. She stated the newspaper made an issue of the time and that she went to Congressman Weldon after the Board voted; however, that is not the way it happened, and it was almost 11 months before then. Mr. Wright stated since the Board voted to support it, it was not necessary that the minority go to Congressman Weldon at all. Commissioner Voltz stated she did that long before it came to the Board; it was not an issue then; Congressman Weldon would not do anything without research; and she does not have that kind of power to have him do something because she asked. She stated he has his own facts and makes his decisions on those facts; and she did not write a letter to him, but had a meeting with him. Mr. Wright stated Commissioner Voltz wrote several letters after that; with Commissioner Voltz responding not about the American Heritage River issue which was already over with.

Commissioner Carlson advised it was not the letters from Commissioners, but probably more significant comments on the issue that may have persuaded Congressman Weldon to make his decision. She stated the Board needs to determine if it wants to send letters of support or who should do it; and there needs to be clarification, as Mr. Weldon may not have gotten a clear picture of where the Board stood.

B. B. Nelson advised he supports Congressman Weldon and what he is doing; the Program does not exist; it was never approved by Congress; there is no money appropriated for it; and selection of the rivers was by the President and not Congress. He stated two or three Congressmen who represent areas along the St. Johns River took it out of the Program because there was no program; and it is a figment of some people?s imagination to create a program and get Congress to support it. He stated it is fraud and false to use it against the

Congressman; the Board supported something that did not exist; it should rescind what it did;
and money taken by the St. Johns River Water Management District for permits, mitigation, etc. could put treatment plants up and down the River instead of being mismanaged by the District.

Commissioner Carlson advised she does not disagree with Mr. Nelson?s statements about the American Heritage Rivers plan and money; what she disagrees with is the principle of a representative not listening to the majority of the cities that support the initiative. Mr. Nelson stated he is listening to the public he represents, but may not be listening to the Board that has been convinced to support something that does not exist. He stated all the city councils were convinced by people like Leroy Wright and others that it is a big program and the County is going to get a lot of money for it; there is no money and no program; so the Board supported something that does not exist. Commissioner Carlson stated if 43 groups supported it, all of them must have misinformation or the Congressman did not give the Board enough material to make a valid point when the Board voted on it. She stated there is an issue of representation not occurring or that they are not listening; and the Board needs more accurate information before it acts. Mr. Nelson stated it is a false issue presented to all governments to make a decision; and requested someone prove him wrong by showing him a budget approved by Congress, what the program is, and what will be done with the St. Johns River. Commissioner Voltz stated several people she spoke with on city councils said they had no reason not to vote for it, but in hindsight they would not have supported it.

Tom Porcella stated he came as a concerned citizen to listen to the rhetoric about the American Heritage Rivers Program and thought he would learn something; however, now he is thoroughly confused. He stated Mr. Wright said one thing and Mr. Nelson said another and accused the Board of voting on something that does not exist. He stated it came up at the Melbourne City Council meeting and was convincing to him; but Mr. Nelson said there is no program; and inquired where does that leave the concerned citizen. Chairman Scarborough stated when the issue came up, there was a lot of discussion; material was provided from both sides; and it would take time to study the material, but any Commissioner can provide copies to him.

Larry Hughes advised he is a member of West Melbourne City Council, Brevard Water Supply Board, and Melbourne Water System Advisory Board; and for six years he has served Governor Chiles as the gubernatorial appointee to the Regional Planning Council; and he is disappointed in what Congressman Weldon did by withdrawing Brevard County from participation in the American Heritage Rivers Program. He stated it was a huge mistake and lack of knowledge about how his constituents feel; the St. Johns River is an important resource to Brevard County as a water shed, source of potable water, recreation area, environmentally significant area, and historically significant area; and the Program has the potential to offer preferential treatment in securing federal funds. He stated those funds are not allocated today; but if the County does not play in the Program and funds are allocated, it will not receive those funds; and those federal dollars could be used to promote the local vision and include things like restoration, environmental protection, and recreational exploitation of that water body. He stated there is a certain fear of allowing outside funds to influence local control and decision-making; the goal is to use federal dollars to promote local vision of what it wants to do with its American Heritage River; and it can withdraw from the Program at any time should it head in a direction counter to local wishes. He mentioned problems with exotic plants in the River, high cost of water treatment because of organic materials in the water, and indicated a savings if Brevard County had federal help. He stated it is a shame to reaffirm a position, but they have to do it at all levels because Congressman Weldon is confused and does not know how the County or cities stand due to receiving mixed messages. He stated Mr. Weldon does not know how the community, individuals, and his constituents stand, so the cities and County have a responsibility to clear up those miscommunications; and requested the Board take action today to clear it up.

Pat Poole advised of support efforts regarding the American Heritage Rivers Program and Indian River Lagoon, her activities on the St. Johns River, and her disappointment in material from a property rights group in Crestview, Florida, using scare tactics. She stated only a Senator can remove a river from the Program; a Representative cannot do it; so the St. Johns River may not be removed after all. She stated she has copies of everything that has gone in on the American Heritage Rivers Program, because she was designated to represent the cities; she went with Mr. Wright to Jacksonville where the designation was given; and it was an honor to be designated out of all the rivers submitted. She stated she does not know of any city that has written to change its support; and requested the Board restate its position. Ms. Poole advised there are funds available but no new taxes; there are no strings attached; and if Brevard County does not apply for the money, it could go to another state. She stated she will meet with Congressman Weldon and hopes he changes his mind; and she wants the Board?s support to take to him.

Commissioner O'Brien stated he voted against it in September; Ms. Poole called his office two weeks ago and asked if he wrote a letter to Congressman Weldon after the vote was taken; he said he did not and still says he did not; but this afternoon, Mr. Wright said he did. He stated the date of his letter is about a year or longer before the Board acted on the issue; and in general, when the Board takes a position that he voted against, he goes with it because that is where the Board is and there is no sense in doing anything about it. Ms. Poole stated she has a copy of Commissioner O'Brien?s letter to Congressman Weldon. Commissioner O'Brien stated that was before the Board acted on the issue. Ms. Poole stated everyone needs to work together. Commissioner O'Brien stated he does not think the Board should reaffirm its previous action because next week or next month they can come back and ask again and again for re-affirmations.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Commissioner Scarborough advised when Mr. Wright spoke to him, he reiterated some of the things; as Chairman he signs letters and ordinances, etc. that he may not havevoted for; but it is an administrative function. He explained the restrictions imposed by the Sunshine law; and stated an individual Commissioner who expresses independent opinions from the Board does not bother him; they have freedom of speech and have done nothing wrong; and they have a right to disagree publicly and continue the disagreement. Commissioner Scarborough stated it was not the Board?s decision to withdraw from the Program, it was the Congressman?s decision; and the last thing he wants to do is tell the Congressman how to do his job; but if there is doubt as to where the Board stands, it needs to vote again, so he will make a motion.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to reaffirm the Board?s support for the designation of the St. Johns River as an American Heritage River and that Brevard County be included in the Program.

Commissioner O'Brien inquired if it is reconsideration of the vote taken in 1998; with Commissioner Scarborough responding no, it is reaffirming. Commissioner O'Brien stated he protests reaffirmation of any action taken by the Board unless it is brought up for full public debate; this is not the proper way to go about it; and inquired how can it stop other re-affirmations, and how many times will it have to reaffirm actions. Commissioner Scarborough stated any time there is a question whether or not the Board continues to have the same posture, it should reaffirm. He stated with an ordinance there is a process to amend it, but with something of this nature, there can be a question as to the posture of the Board. Commissioner O'Brien stated there is no question on the posture of the Board; it has already taken action and a vote; and that still stands unless it is reconsidered.

Commissioner Carlson inquired if Commissioners want to reaffirm in letter form; with Vice Chairman Higgs responding the Chairman can be authorized to send a letter as part of the re-affirmation. Commissioner Scarborough stated the motion is for the Board to reaffirm it?s action; and if it does not pass, the Board can look at other things. Vice Chairman Higgs stated she supports the motion, and supports that every Commissioner has a right to disagree with any decision of the Board publicly, not in the form of the Board saying it, but as individuals.

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

County Attorney Scott Knox advised he reviewed it and it is not a violation in his opinion; the qualification to that is based upon the information from the City of Titusville which is the entity responsible for zoning on the property; the zoning classification is PID which deals with high technology and other light clean industry; the deed restriction limits the use of the property to light high technology industrial use; so it is his opinion if it fits into the zoning classification, it will also fit into that deed restriction. He stated his information is that it will fit into the zoning classification according to the City of Titusville; there is a provision in the Contract that provides for the whole process to be contingent upon obtaining a building permit; in order to get that
building permit, they have to meet the zoning requirements; and if they meet the zoning requirements, they will also meet the deed restrictions.

Chairman Scarborough stated the property is already zoned, but Mr. Knox is talking about meeting the requirements of the PID zoning classification to get a building permit. He inquired if paint was discussed with the City; with Economic Development Director Greg Lugar responding yes, he talked to Mr. Shannon of the City?s Planning and Zoning Department and went through the steps; and the critical point in the manufacturing section is that the activity is conducted within the building. Chairman Scarborough inquired if enclosure of the operation removes the activity from consideration; with Mr. Lugar responding the City looks at the activity and will be reviewing and approving the permit application, site plan, building plans, and everything that goes through its process; and if it was done on the outside, they would not be permitted in the PID zoning classification. Chairman Scarborough inquired about environmental issues and if there was opportunity to look at those; with Mr. Lugar responding they did not look into the environmental impact of the operation; but a lot of those functions will be done through the permitting process of the City, St. Johns River Water Management District, and Department of Environmental Protection for air quality and they would possibly require a management plan of the operation, storage of materials, etc. Chairman Scarborough stated there was groundwater contamination from a similar operation in District 1; and recommended approval of the Contract and he be allowed to communicate concerns to the City by letter.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase and Addendum with H.I.S. Painting, Inc. to acquire five acres in Spaceport Commerce Park for $75,000, with option to purchase an additional five acres at $15,000 per acre; and authorize the Chairman to communicate to the City of Titusville, environmental concerns and that the use of the property fully meets compatibility requirements of the Deed Restrictions. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve temporary closing of Sarno Road for rehabilitation of the grade crossing by Florida East Coast railway Company, from February 22 through 25, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Policy establishing the Golf Services Exchange Program, to allow continuance of the volunteer
program in compliance with the auditor?s findings. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreements with the Cities of Cape Canaveral and Cocoa Beach, and with the Towns of Indialantic and Melbourne Beach to provide ocean lifeguard services from March 27, 1999 through September 6, 1999, with the exception of the Town of Melbourne Beach which terminates October 31, 1999, and the municipalities reimbursing the County for salaries and benefits. Motion carried and ordered unanimously.

Commissioner Carlson presented the Board with a trip report on the transportation summit she attended, along with a copy of the agenda and executive summary of the cornerstone study. She noted she will bring it to the MPO meeting as well. Commissioner Carlson advised it was very educational, but one thing that was very clear after all the discussions and during the explanation study is that Brevard County was not well represented. She stated the Board needs to dovetail into existing organizations that have been established, whether it is the MPO in Orlando or Florida Chamber. Chairman Scarborough stated there is a tri-county MPO that is doing a lot of things, and staff should start attending some of those meetings so Brevard County will have more knowledge of what is going on areawide. Commissioner Carlson stated the summit took place in Tampa; and Volusia County was mentioned numerous times because it is at one end of I-4, and I-4 was a major issue. She inquired if Brevard County needs a corridor so it could be included in the overall planning. She noted Brevard County has a poor reputation in the transportation industry for various problems of the past.

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

ATTEST: ________________________________

TRUMAN SCARBOROUGH, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

_________________________

SANDY CRAWFORD, CLERK