The Board of County Commissioners of Brevard County, Florida, met in regular session on March 16, 1999, at 9:05 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 Father David P. Page, Holy Name of Jesus Catholic Church, Indialantic.

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

Chairman Scarborough stated Commissioner O'Brien has set up tables for St. Patrick?s Day; and invited everyone to participate.

County Manager Tom Jenkins stated he submitted a revised Board schedule based on accommodations to various scheduling requirements.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve the revised 1999 Board Meeting Schedule. Motion carried and ordered unanimously.

County Attorney Scott Knox stated he received a letter from Mr. Theriac yesterday concerning the wetlands issue that is pending before the Department of Community Affairs; Mr. Theriac represents the intervenors; and he is offering to dismiss the challenge to the Port St. John interchange that was filed by the Audubon Society in exchange for an agreement by the County to continue the remainder of the case, which involves the wetland policies for a period of 60 days, and also agree to try to get the Department of Transportation to install an underpass and fencing for wildlife at the interchange. He recommended the Board accept the offer.

Commissioner Voltz inquired why is Mr. Knox recommending acceptance; with Mr. Knox responding the intervenors had been delaying the process for a long period of time over the Port St. John issue; but now they have resolved that, and agreed to withdraw it. Commissioner Voltz stated they will not withdraw it unless the County agrees to bend; with Mr. Knox advising they are close to getting the language worked out. Commissioner Voltz stated she cannot support it because the County is giving too much.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Attorney to accept the offer of James Theriac, representing the intervenors, regarding the wetlands issue. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Carlson voted aye; Commissioner Voltz voted nay.

Commissioner O'Brien stated Merritt Island is still in need of rain. He stated tomorrow is St. Patrick?s Day when everyone can be Irish.

Commissioner Higgs read aloud a resolution commending Delores Pryce as Brevard County Commission on the Status of Women Woman of the Year.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution commending Delores Pryce as Woman of the Year in recognition of her diligence and efforts in the field of caring for Brevard County and its citizens. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Ms. Pryce. Ms. Pryce expressed appreciation to the Board and the Commission on the Status of Women.

Commissioner Higgs read aloud a resolution commending Leigh Renee Gaudy as Brevard County Commission on the Status of Women Young Woman of the Year.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution commending Leigh Renee Gaudy in recognition of her excellence in athletics, scholarship, and volunteerism. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Ms. Gaudy. Ms. Gaudy expressed appreciation for the award.

Commissioner Higgs stated George Koraly has requested a personal appearance at the next meeting; he has a video tape that he wishes to show the Board which is seven minutes instead of five; his personal appearance is designated for ten minutes including the tape; and requested waiver of the policy.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to waive Board policy for time for presentation of a video by George Koraly, with the total time of his presentation not to exceed ten minutes.

Commissioner O'Brien inquired if the total is ten minutes so there is no bending of the rules; with Commissioner Higgs responding that is right.

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

Commissioner Higgs stated when the Public Service Commission was in the County a number of months ago, she and Commissioner Voltz spoke in support of including the south part of Brevard County in the County?s area code; since that time there was a meeting which was attended by someone from Commissioner Voltz?s staff, the people of Micco, BellSouth personnel, and PSC staff; a memorandum of understanding will go forward to the Public Service Commission which would allow the citizens of Micco the opportunity to be a part of the 321 Area Code; and they will be polled. She stated since she and Commissioner Voltz will both sign it, it is not a Board action, but she wanted to bring it to the public so there would be no misunderstanding.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize Commissioners Higgs and Voltz to sign Memorandum of Understanding to allow the citizens of Micco the opportunity to be a part of the 321 Area Code. Motion carried and ordered unanimously.

Commissioner Higgs stated the people of Micco would keep the same calling area and phone numbers, but would change their Area Code; and they will have an opportunity to be polled and express their will.

Commissioner Carlson stated the Metropolitan Planning Organization met on March 10, 1999; and the members unanimously requested the Board consider extending the grace period for enforcement agencies to begin issuing citations to children under the age of 16 who are not wearing helmets while riding bicycles. She noted the issue has been placed on the March 23, 1999 Agenda; and suggested notifying the municipalities and enforcement agencies that the Board will hold a public hearing regarding this issue.

Commissioner Carlson stated she met with Sandy Sanderson of FP&L, Plant Manager John Franklin, and Attorney Philip Nohrr concerning making the Port St. John plant more environmentally friendly;
and her sense is there is a desire to work out a cooperative arrangement. She stated they will also be meeting with Commissioner Scarborough; and hopefully after that, there will be something specific in writing about what they propose to do.

Commissioner Carlson stated she was told there is an action list prepared for every meeting advising when things will come back on the Agenda again. County Manager Tom Jenkins advised it is a list he keeps to assign Board directives for staff to follow through, but he does not usually have a date on them. Commissioner Carlson stated she would like to get a list because several items were postponed at the last meeting; and it would be nice to have that kind of a suspension list to help keep up and hold people accountable when they need to be.

Commissioner Voltz stated when she was in Washington, D. C. last week, she spoke with Congressman Weldon; and he inquired about the possibility of having a member of his staff as a member of the MPO. She stated the County is into a lot of federal funds; and Congressman Weldon?s office may be able to keep the County updated on what is going on in Washington, D.C. She inquired how that would be done.

Chairman Scarborough recommended Commissioner Voltz call Attorney Paul Gougelman first to see if it can be legally done; and stated he thinks the MPO would support that.

Public Safety Director Jack Parker stated the County received an award from the United Way of Brevard County as a result of this year?s United Way campaign which was very successful. He stated thirteen County employees served as co-chairpeople, and took a lot of their own time to go to the individual agencies of the County to put on presentations to all employees of the County; and those people were Nancy Slater, John Flory, Shawna Heffernan, Orlando Dominguez, Leslie Hoog, Patricia Bean, Deborah Kirk, Bill Farmer, Pat Thomas, Randy Jackson, Stan Linder, Gino Butto and Mel Scott. He stated the office managers and directors were willing to help put on the presentations; and over 1,000 County employees gave generously this year. He advised this year twenty-three employees gave more than $500 each and two gave more than $1,000 each; last year they collected approximately $24,000; this year they raised $47,000; and the United Way has selected the County to receive the Campaign achievement award. He presented the award to Chairman Scarborough.

Commissioner Voltz stated that says a lot for the employees; and expressed appreciation to all those who contributed.

Commissioner O'Brien advised he is leaving for Washington, D.C. on Sunday, and will be visiting Senator Mack as well as Congressmen Weldon and McCollum. He stated he is going in conjunction with the Port Authority to discuss beach renourishment; but if any Commissioner would like him to carry a message about transportation issues, he will be happy to do so.

Commissioner Voltz stated she has discussed that issue with both offices, but would appreciate Commissioner O'Brien reiterating. She stated they advised it is a local issue; yesterday she met with Malcolm Kirschenbaum who suggested going to Deland to meet with Nancy Houston, and find out what the County can do to regain face. She stated she was told FDOT is upset with the County because it has turned back so many projects after the Agency funded the engineering study.

Commissioner O'Brien stated he would like to know what projects they are talking about specifically because other than A1A in Cocoa Beach he cannot think of any others. Commissioner Voltz stated Mr. Kirschenbaum named four yesterday. Commissioner O'Brien stated he is sure other counties do that as well.

Chairman Scarborough suggested the Chairman of the MPO accompany them to Deland.

Commissioner O'Brien stated he received approximately 75 to 100 phone calls concerning construction on Merritt Avenue to the north of the Health First complex; two years ago the Board approved zoning of property commercially; there will be no egress or ingress to Audubon Road; and therefore they have to build a road to Merritt Avenue, which crosses water. He stated they have all the necessary permits from the DEP, St. Johns River Water Management District, and Army Corps of Engineers; and explained what will be built in that area.

Chairman Scarborough stated projects in East Mims are going their own way in a piecemeal process; and invited Juanita Barton to address the Board.

Juanita Barton stated they would like to rid themselves of the viruses in their community, such as drugs and sale of firearms; those are issues that indicate a larger problem in the community; and requested the Board help put together and implement a comprehensive plan for the East Mims community.

Chairman Scarborough stated there are successful separate projects; suggested creating a visioning 2020 program for East Mims; and stated as the Board sees the various plans, it will see how they will come together. He stated the Board has done small area plans, but never before has it asked the community to touch on the social issues as well; and it should be given a try.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to work with the East Mims community to develop a 2020 visioning program to encompass all elements that a community would like to have to be a quality community. Motion carried and ordered unanimously.

Ms. Barton stated Corrine Saunders and Juanita Wright will be working on this program.

Vice Chairman Higgs stated it may require additional funds; and requested the County Manager provide a report on the fiscal impacts.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Commissioner O'Brien read aloud a resolution commending Mike Gaudy, Coach of Cocoa Beach High School?s Minutemen, for his inspiration as a teacher, motivator, and friend, making a difference in the lives of Brevard County?s youth.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution commending Mike Gaudy for his outstanding career as the Coach of Cocoa Beach High School?s Minutemen. Motion carried and ordered unanimously.

Mike Gaudy stated he is thankful for the opportunities that have been presented to him; and he could not have done it without great kids and great help. Commissioner O'Brien presented the Resolution to Mr. Gaudy.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Commissioner Scarborough read aloud a resolution commending the Brevard County Alumni Chapter Florida Agriculture & Mechanical University National Alumni Association and proclaiming April 3, 1999 as the Second Annual Excellence with Caring Scholarship Gala.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending the Brevard County Alumni Chapter Florida Agriculture & Mechanical University National Alumni Association and proclaiming April 3, 1999 as the Second Annual Excellence with Caring Scholarship Gala. Motion carried and ordered unanimously.

Dick Blake, President of the Florida A&M Alumni Chapter, expressed appreciation for the Resolution. Mr. Blake advised in Brevard County there are more than 300 graduates of Florida A&M University; last year more than 25 students from the County entered Florida A&M University; and the Gala is to raise funds to assist students. He stated last year ten students received $1,000 each; three students received Presidential Scholarships; and three additional students received from an anonymous donor $7,000 per student for the next five years. He invited everyone to participate in the Gala on April 3, 1999 in Cocoa Beach at the Hilton by the Oceanside. He advised in 1998 Florida A&M was ranked number 1. Commissioner Scarborough presented the Resolution to Mr. Blake.

County Manager Tom Jenkins advised Mr. Blake is a City Councilman in the City of Rockledge and also the Principal of Cocoa High School.

Commissioner O'Brien stated one of the Cocoa High School coaches was Coach of the Year last year.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Commissioner Carlson read aloud a resolution supporting NASA and the State of Florida?s partnership to finance and develop the proposed Kennedy Space Center Research Park and Space Education and Research Facility.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution supporting the NASA and State of Florida partnership to finance and develop the proposed Kennedy Space Center Research Park and Space Education and Research Facility. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to John Halsema, NASA Legislative Liaison. Mr. Halsema expressed appreciation for the Board?s support; and stated NASA and KSC look forward to being a vital part of Brevard County.

Commissioner O'Brien read aloud a resolution proclaiming March 17, 1999 as Everybody is Irish Day in honor of St. Patrick.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution proclaiming March 17, 1999 as Everybody is Irish Day. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Ernie Kees, representing the Ancient Order of Hibernians. Mr. Kees read aloud a letter advising of Ireland?s contributions to society.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Contract #31017-001 with Santa Cruz Construction, Inc. in the amount of $127,634.03 for construction of the Fleming Grant Wet Detention Pond. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize staff to obtain a Joint Participation Agreement with Florida Department of Transportation for the purchase of Airport Aviation Band Radios, and authorize the Chairman to execute the Agreement. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with Florida Department of Community Affairs for the 1999 Low Income Home Energy Assistance Program (LIHEAP) funds in the amount of $234,782; authorize Budget Change Request in the amount of $126,532 to cover expenses from April, 1999 to September, 1999 with the difference of $108,230 budgeted in FY 1999-00 to cover expenses from October, 1999 to March, 2000; and authorize the Chairman to execute necessary follow-up amendments or additions subject to approval by Risk Management and County Attorney. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Children?s Services Council of Brevard County for payment of health care insurance premiums for eligible children in the Florida Healthy Kids Program to include an additional $8,983.52 to assist in lowering the cost of increased premiums for the fourth quarter of the fiscal year. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Policy for the debarment and/or sanction of contractors utilized for projects funded through the Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and State Housing Initiatives Partnership Program (SHIP). Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the recommendations of William E. Rushing and Gayle Cannon from the Nominee Qualifications Review Committee to the District 7 Health and Human Services Board. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission for the Mosquito Control Department to bid one 36-inch pump to be used as part of the marsh restoration of mosquito control impoundments under the S.W.I.M. Program. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Policy authorizing the County Manager to waive development review, review fees, and application fees for not-for-profit organizations under certain circumstances. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve payment of awards of $100 to Paul Stepina, $200 to John Lauter, and $925 to George Sanders for their recommendations to the Employee Innovations Program Screening Committee which were implemented by the affected Departments. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, appoint/reappoint the following: Rebecca James and Bob Michaud to the Environmentally Endangered Lands Procedure Committee

with terms expiring on December 31, 1999; Helen Gustafson to the South Mainland Community Center Citizens Advisory Committee; and Tibby Parker to the Surface Water Improvement Advisory Board. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Bills and Budget Changes as submitted. Motion carried and ordered unanimously.

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

Ed Fleis, representing Anthony and Catherine Galie, stated at the last meeting there was discussion about amending the variance request from 24.5 feet to 16 feet; they have requested the variance to allow a pool on the ocean side of the house; the Board voted for a 16-foot variance; and the applicant requested it be increased to 20 feet. He stated the item was continued to this meeting to see if there was another basis under which the Board might approve the 20 feet; he sent a letter to the County Attorney advising the basis is renourishment of the beach; and submitted a copy of the letter and photographs. He stated they proposed to place sand that would come from the pool onto the beach to renourish the beach; they projected they would renourish a minimum of ten feet of the beach; and advised of the Sand Dunes Condominium project. Mr. Fleis stated in the County?s policy of concurrency, a project can be approved and proceed in construction even though there may be existing deficiencies in the infrastructure required to service the project; and this is based on commitment of capital funds to fund the deficiencies which will be constructed in a timely manner. He stated the beach renourishment will occur concurrently with the construction of the pool at the expense of the owner; and the planting would take place prior to getting a seal on the pool. He stated in accordance with Ordinance 85-17, the Board may determine that the actual erosion experience on the subject property is either zero feet or in the Galie?s case a net of five feet based on the commitment to do the renourishment plan. He described the submitted photographs showing the beach erosion; and stated the ten feet would be a meaningful renourishment of the beach.

County Attorney Scott Knox stated staff looked at the Ordinance to see if there was another way to handle this, and decided there was no way to avoid the limitation on the amount of easement the Board could grant; Mr. Fleis requested a credit for restoring the dune to a stabilized dune line; and advised there is nothing that would preclude the Board from doing that because they would be replacing the erosion, and the calculation could be adjusted accordingly. Assistant County Manager

Steve Peffer stated staff has some concerns, but something can be worked out to everyone?s benefit. He stated the primary concern is that the County would not want the applicant or future applicants to think that merely placing sand in front of the dune can eliminate the measurement of the erosion because the beach will stabilize itself in such a way that the dune line will be somewhat linear, which is to say that if sand is piled up in a mound in front and the calculation is done from that
point, no one will be protected because the sand will wash away as the dune line stabilizes. He stated site inspection of the subject location indicates this property may have suffered more than the neighbors, and if sand can be brought in to line up the dune, it may create an opportunity for stabilizing the dune with vegetation in a way that could allow for the type of variance Mr. Galie is requesting. He inquired if a 20-foot variance is acceptable; with Mr. Fleis responding yes. Mr. Peffer stated based on the site inspection, it appears they could stabilize a dune line that would not be extended onto the beach and would meet the additional four-foot requirement; and working an arrangement like that may allow the Board to look favorably on this application.

Commissioner Higgs inquired if the 20 feet would not be any further than the existing slab; with Mr. Fleis responding the existing slab is as much as 24.5 feet on the south side and 22 feet on the north side. Mr. Fleis advised of a sketch submitted at the last meeting. Commissioner Higgs stated the provisions in the Code talk about non-conforming structures but do not apply to modifications of non-conforming structures; and inquired if the Board assumed the slab to be the non-conforming structure, why would that not apply. Mr. Knox stated he and Assistant County Attorney Katherine Harasz looked at the definitions set forth in the Ordinance and determined they did not cover a slab. Commissioner Higgs stated the portion talking about structures talks about impervious paved areas which is what that is; and inquired if Mr. Knox disagrees; with Mr. Knox responding they did not think so. Commissioner Higgs inquired why not; with Mr. Knox advising it is impervious, but it is not a paved area; and it does not meet the criteria for the definitions as set forth in the Ordinance. Natural Resources Management Section Supervisor Debbie Coles stated in order to pour a slab, someone would not need a building permit, and the other things listed as structures require review by Land Development prior to construction. Mr. Peffer stated the concern is someone could pour a slab; since it does not require a permit, there would be no review by the County; and then the individual could request a variance based on the slab.

Commissioner Carlson inquired about the connectivity to the dune to the north and south, and how to determine whether this portion would stay and not get washed out. Mr. Peffer stated if the applicant lines up the dunes on the two adjacent properties, it will be filling somewhat out onto the beach, and recommended the Board require significant dune planting and revegetation as a means of stabilizing that dune.

Commissioner Higgs inquired if the slab was in place prior to the date of the Ordinance; with Mr. Fleis responding there is evidence the slab was there in the early 1980?s. Commissioner Higgs inquired if the applicant is making any commitment to maintain the beach renourishment and vegetation over any period of time; with Mr. Fleis advising it could be reviewed again in a year and any plants that have not taken could be replanted. Mr. Fleis described his experience with sea oats. Commissioner Higgs inquired if Mr. Fleis is agreeing to keep it in the condition he is saying it will be in for a year; with Mr. Fleis responding yes.

Commissioner Voltz inquired what would be the best plant for stabilization; with Mr. Peffer responding staff can provide good recommendations; sea oats and sea grapes do a good job of stabilizing; and a combination of those and some other native plants would work well. Commissioner Voltz inquired what mechanism would trigger the County to go back in one year; with Ms. Coles responding there is a mechanism in place for commercial properties for a one-year maintenance bond which could be adapted to accommodate this project; and at ten months there is an inspection,
and the owner is advised of any replacement of vegetation that needs to take place; and the bond can be released at 12 months, providing the criteria are met. Commissioner Voltz stated she does not want to require a bond, but does want an inspection one year from the date it is completed.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve a variance of 20 feet from the County Coastal Construction Setback Line, as requested by Anthony and Catherine Galie, with specification the homeowner place sand excavated from the pool on the dune immediately seaward of the vegetation line to line up the dune line with properties to the north and south, and plant sea oats and other appropriate vegetation to stabilize over the fill area and maintain the vegetation, and that the County inspect the project one year from the completion date, and the homeowner replace failing vegetation if necessary.

Commissioner O'Brien commented on the cost of sea oats; stated only certain licensed growers are allowed to grow them; and once they are put on the dune, they cannot be touched; but they are one of the best things to put on the dunes. He noted people say they want houses instead of hi-rises or hotels on the beaches; but the Galies are being given a harder time than the Board would give a hotel.

Commissioner Higgs stated she will support the motion based on existence of the slab as shown in earlier aerial photographs, ambiguity as to what a major structure is, provisions for grandfathering in, and the applicant?s commitment to the restoration.

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

County Manager Tom Jenkins stated there are ongoing discussions with the Town of Melbourne Beach; the negotiations have not been concluded on the interlocal agreement; and requested the Board delay the interlocal agreement and purchase contract until next week?s meeting. He stated as part of the discussion, the Town of Melbourne Beach suggested a Town Council member and the District Commissioner be designated to sit in and participate in the negotiations; and the Board may want to consider that. He advised the Board can proceed in discussing the libraries because whether or not that particular site in Melbourne Beach is a success or not does not necessarily impact proceeding with the Melbourne Beach and Suntree-Viera Libraries as well as consideration of the Port St. John expansion.

Commissioner O'Brien suggested tabling the whole issue rather than discussing it piecemeal.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize staff and her to continue with the negotiations; and table consideration of the interlocal agreement with the Town of Melbourne Beach and Contract for Sale and Purchase with Nick Telemachos, Trustee and individually, and Delta-Omega, Inc. for one week. Motion carried and ordered unanimously.

Commissioner Higgs stated she would like to discuss the plan to proceed; the County needs to submit applications to the State by April 1, 1999; and she would hate to see the County back up to the final meeting in March and not be able to do that.

Library Services Director Catherine Schweinsberg stated staff would like to pursue State Library Grant for construction which would be $500,000 per library; and the application is due April 1, 1999. She stated they are looking at constructing and operating a 15,000 square-foot facility for Melbourne Beach, putting a permanent facility on 14 donated acres for the Suntree-Viera Library, and expanding the present Port St. John Library.

Chairman Scarborough stated a presentation was made to the Library Board and this Board needs to be briefed on needs at the Port St. John Library. Ms. Schweinsberg stated the Library Board approved the need for an expansion project at that library; it is the only remaining library built ten years ago that has not been expanded; and it has experienced growth, is out of space, and is tremendously utilized by the community. Chairman Scarborough requested staff share the reports with the Commissioners.

Commissioner Voltz stated there is an estimated one-time cost for the project of $3.5 million; the current projections indicate that funding of approximately $1.5 million will be available leaving an unfunded balance of almost $2 million; and there are no funds currently available to cover this balance as well as annual operating costs. She stated if the Board approves the three projects, it will have to raise the Library District tax by almost 7%; and the Board is limited to increasing the ad valorem taxes to 3%. She stated the recommendation was to go to commercial paper for the funding; but Budget Director Kathy Wall advises the County has never done that before. She stated while she supports the libraries, she cannot support the funding mechanism; and until that is straightened out, she will not support it.

Commissioner Higgs stated the revised estimated costs to construct all three projects is a conservative financial forecast; it assumes no money from the State; it makes no assumption about private donations; it makes worst case scenario in regard to cost even though there is generally money left over each year in the operating funds; and it does not assume a multi-phased construction of the projects. She stated the financial scenario looks far worse than the actual case that will be experienced; the County has been quite successful in securing funds from the State for library projects; so while she and Commissioner Voltz are looking at the same thing, it does not tell the whole picture. Commissioner Voltz stated it does not, and that is what concerns her. Commissioner Higgs recommended authorizing staff to go forward with submitting the applications for the funds and the Chairman to execute those documents. She stated as the Board goes into the budget process, it will be able to look at a more realistic picture of how the projects can be funded over several years. She noted the Board will not know until next year whether funds will be coming from the State, so there are multiple years to look at the financing which is not built into the plan, as well as a worst case scenario on cost, and State and private funds being raised.

Commissioner Carlson inquired if the Board gets the grant money, is there a specific time line for its use; with Ms. Schweinsberg responding yes, the County will get notification one year from now in the next Legislative session, and there are three years to use the funds.

Commissioner Voltz stated the Board needs to be cautious about spending money it does not have. Chairman Scarborough stated there is some significance for getting grants and putting other funds together to make things work; and the assurance as to matching funds becomes binding upon the Board only upon the receipt of the grant.

Commissioner Higgs recommended authorizing staff to submit the applications to the State, and direct them to further revise the numbers, looking at a multi-phase, multi-year program of constructing the projects, and take a more realistic picture financially of what revenues can be expected from the State and from private funding.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution(s) authorizing applications for State library construction grants for the Suntree-Viera, Port St. John, and Melbourne Beach Public Library projects.

Commissioner Voltz stated she will support going for the grant; but cautioned once the grant money comes in, the Board will need to watch where the rest of the money comes from.

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

The meeting recessed at 10:21 a.m. and reconvened at 10:43 a.m.

County Manager Tom Jenkins stated he took the Commissioners? goals which were presented in the workshop and put them in the requested format.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the 1999 Goals as presented; and authorize staff to begin implementation.

Commissioner Voltz advised of the upcoming workshop on juvenile crime.

Commissioner Carlson inquired about Goal 3E to expand the after-school care program; and stated she was unaware there was such a program. Mr. Jenkins advised Parks and Recreation operates the program, and it is fairly self-supporting.

Chairman Scarborough stated there is some progress, but it is still not where he sees the community being with goals; and the problem is the Board has specific individual goals, but needs a holistic goal. Commissioner Voltz stated what Ms. Barton did was nice because it allows the citizens to make their community what they want it to be rather than the Board setting the goals for what should be throughout the whole County. Chairman Scarborough stated the Board needs to analyze the emerging forces; one of the forces is the aging of America?s population; population over 65 will double; there will be a tremendous number of people moving to the area; and a number will still be
in a productive state. He advised of a man who is moving his company, which is totally on computers, to the County; stated he will work out of his home; and inquired what type of dynamics are evolving and what type of community is needed. He advised of the need to look at what will be needed in the future; and stated he still sees a fragmented goal process. County Manager Tom Jenkins stated the Board may want to work on broadly stated goals that do not have limits; as technology evolves and events occur, the Board can identify individual strategies; and if there is a broadly-stated goal for Brevard County, one of the strategies could the visioning process for Mims.

He advised of examples of broadly-stated goals.

Commissioner Carlson stated if the Board utilizes future information on what may be coming based on research data and historic information, it may be able to create a model which is open ended to get a better picture of what might be expected, and how the Board can apply its vision. She stated all that information can be put into a database so the Board can come up with some sort of perspective; and inquired if that is what Chairman Scarborough is seeking.

Chairman Scarborough stated there is a book called Megatrends; and he thinks there are some megatrends that will profoundly impact East Central Florida. He commented on aging, internationalization, retirees creating new businesses, and being a catalyst to make the reaction comfortable.

Discussion ensued on each area setting its own standards and goals, flavor of each community, need to set financial and social goals, public participation in goal setting, sense of community pride, Board?s role in setting guidelines, negative signals that will prevent the process, staff or EDC to analyze future economic trends, measuring quality of life, looking at trends, Disney vision, growth of UCF, and trends to move south and west.

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

Sally Mallow submitted photographs; and stated she is living a nightmare because of one of the non-conforming billboards. She advised of purchasing the property ten years ago, signing a ten-year lease with the billboard company, bulldozing of State right-of-way, and changing of billboard advertisers. She noted how close the billboard is to her property; and advised of efforts to provide privacy, problems with entertaining, and a local bank?s refusal to refinance. She advised of a change in the height of the billboard; stated in December,1998 and January, 1999 the sign company tried to pay for another year?s rental of the sign which she refused; and she informed the company of her intention to not renew the lease and requested the sign be taken down. She stated the lease expired March 10, 1999; the company removed two legs of the sign which were located on her property and repositioned them at the other end of the sign on her neighbor?s property; and that is unacceptable. She advised of contacts made with Brevard County Land Development and FDOT; stated FDOT indicated there were violations for which the company would be cited; and displayed a photograph showing how the billboard was raised. She stated FDOT indicated the company could request a hearing which could delay this for months or years; and as long as the billboard continues to sit where it does, the company can continue to get clearing permits to clear the State right-of-way behind her property even though the company no longer has a lease for her property. She stated
on March 9, 1999 she took the same package to Land Development which turned the matter over to Code Compliance. She advised the violations include change in height and size, and lack of permit to change the size; and there is also a possibility the company may light the sign.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to waive the time limit to allow Ms. Mallow to continue speaking. Motion carried and ordered unanimously.

Ms. Mallow stated there were concerns about how the properties were permitted in 1985 and 1986; and read aloud from the Ordinance which says the billboard is to be the only use of the property, and if something is built on the property, the billboard would have to be removed.

Commissioner O'Brien inquired which was there first, the house or the billboard; with Ms. Mallow responding the billboard. Commissioner O'Brien inquired when they bought the home, was the billboard in place and if they received rent from the billboard firm; with Ms. Mallow responding yes.

Ms. Mallow expressed concern about the sign being lit and her privacy. She stated the sign company called her about work on the sign; and she referred them to the County. She stated the Land Development staff advised the company it would not be allowed to take the two legs off, move them to the other end, and relocate the sign; the company would have to shorten the sign, reduce the square footage which is over the limit, and lower the sign to its original height; and it will need a permit for the work. She advised of her husband?s attempt to talk to the sign company and her attempt to get a No Construction Order posted by the Building Department; and stated the billboard company was advised it has access to remove the billboard if it is done at a pre-arranged date and time. She stated she honored the ten-year lease; it is a non-conforming billboard in a residential area; and she wants it taken down. She stated the billboard is in violation of County Code; and requested it be turned over to Code Enforcement for investigation. She urged the Board to prohibit billboards and remove existing non-conforming billboards from the roadways.

Barbara Jagrowski, President of the League of Women Voters, commented on the proliferation of billboards blocking scenic views and in some cases, the businesses they advertise; and advised of areas which have limitations on signs. She urged the Board to write a new and better law; and suggested the Board review the Ordinances that have been developed for Duval County and for Port Orange. She noted this issue has been brought back over and over for the past three to four years, and nothing is being done.

Larry McIntyre, representing Eller Media, stated the company encourages regulations and fights against prohibition. He stated Brevard County is not a tourist destination; and in order to draw people to the County, the businesses need locations in commercial and industrial zoned areas. He stated the current Ordinance has been effective; signs have been built, but signs have also been removed due to the primary use issue; and in the last 12 months, they have replaced or removed over 13 signs while only building one sign.

Commissioner O'Brien inquired where was the one sign built; with Mr. McIntyre responding at SR 528 and SR 3. Commissioner O'Brien inquired if that is a permitted sign; with Mr. McIntyre responding affirmatively. Commissioner O'Brien stated he does not think so. Mr. McIntyre stated the sign was built three years ago, and it was legally permitted. Commissioner O'Brien stated he has
some problems with it. Mr. McIntyre advised it was approved by County staff; and suggested Commissioner O'Brien address the issue with staff. Mr. McIntyre stated they have been notified by the County; the last sign they built was across from the old Commission building on SR 3; and that is a legally permitted signs. He noted in that 12-month timeframe, they have removed over 13 signs; most of the non-conforming signs in the County are legal non-conforming signs, made non-conforming by the 1991 Ordinance; and the State and federal government looks upon those as legal non-conforming, legally erected and maintained. He stated most of those locations are on federally funded highways; in order to reduce the size of those locations or remove those signs, there has to be just compensation; Seminole County has been looking at this issue for the last five years, and determined that amortization is not a legal alternative to just compensation; and Orlando has just gone through the same determination. He reiterated they are looking for regulation, not prohibition; and suggested working together through workshops and staff.

Dan Dunnivant, representing Lamar Outdoor Advertising, stated his background has been in real estate and development; and if the billboard on Ms. Mallow?s property was his, it would be gone. He stated Lamar Outdoor Advertising has been in business 90 years; it operates in 39 states; and advised of problems that were addressed in Panama City. He stated issues such as spacing, removing boards, etc. can be addressed; but advised the FAP boards are protected and it requires a great economic burden to remove those. He stated he is willing to work with the Board to develop an ordinance; and he has many references which can be provided.

Charles Moehle, representing Modern, Inc., stated signs and billboards have a significant impact on the economics of the County; the staff report is good, but just a beginning to resolve the problem; and the items in the report should be reviewed to insure they are accurate and the conditions are right before decisions are made. He advised of the FDOT Florida Logo Program; and stated if a business has frontage on the interstate, it is not allowed to advertise on the index signs. He stated if the Board is going to base regulations or restrictions on information, it needs to make sure it is correct; and it should widely advertise this issue and hold public hearings so there can be input from all aspects of the citizenry before the Board starts tinkering with the Ordinance. He stated if the Board decides to follow a plan of restriction or elimination of signs, the County should set the first good example by inventorying its own properties and signs; and those should be the first to go. He stated the problem may not be as big as the Board thinks it is, and the current Sign Ordinance may be sufficient; and it is premature to condemn an Ordinance when a sound policy is not being taken. He stated this needs more research to work the problem.

Chairman Scarborough stated with the fires in North Brevard, the Dairy Queen burned down; it had several signs on the interstate; and without a permit, the signs were replaced. He stated Code Enforcement is working on that issue. Code Compliance Director Billy Osborne stated right now there are eleven billboard cases in North Brevard; they are getting ready to take half of those to the Special Master in April, and the other half in May; so they are being addressed. Chairman Scarborough stated he looked at the minutes from 1997; outlined actions taken at that time; and expressed concern about bringing signs into conformity if they are only 10% out. He stated the report the Board received is the same as the one received six to eight months ago; and it advises of the status of the problems in enforcing the 1991 Ordinance. He stated he does not want to bring signs into conformity under the 1991 Ordinance when the Board may be raising the standard with a higher level to be like some of the better counties in the State; and inquired whether the Board wants to look at what other areas are doing in the State. He stated the Board has yet to have the
report from staff regarding what others are doing in the State; there should be a workshop on the issue; after the workshop the Board may decide to tinker with the 1991 Ordinance; but there is good reason to look at what other counties are doing. Commissioner Higgs stated she thought the Board was moving in that direction toward more aesthetically pleasing signs.

Chairman Scarborough stated he faxed out copies of the Port Orange Ordinance; it is not hard to go over other Ordinances; but nothing has ever been placed on the Agenda except status reports. Commissioner Higgs suggested getting a report giving a brief description of the differences between the Port Orange standards and the County?s standards. Chairman Scarborough stated there are some inconsistencies in the report; when the Board talks about billboards, it only talks about non-conforming, and illegal billboards are only addressed under the second option; and the billboards that went up after the fires in the Scottsmoor area are not non-conforming, but are illegal because they came in without permits. He stated the thought process in the memo is chaotic; it does not lead to a thoughtful process; and he would prefer to analyze Port Orange as a whole. Commissioner Higgs inquired if Port Orange can be contrasted with what the County has; with Chairman Scarborough responding that would be great.

Commissioner Voltz stated this is Brevard County, not Port Orange; and she does not want Brevard County to look exactly like Port Orange. She stated the Board cannot even set a standard to which the people can conform; the Board has been studying this since before she was elected; and it has been workshopped to death; with Chairman Scarborough disagreeing. Chairman Scarborough stated the Board discussed it; it had a political sign issue; and when it came back to the Board it came back with a full gamut of issues beyond political signs. He stated a community group compared the old Ordinance with what was proposed; it did not look at other areas; and the Board has not reached out to see what the better communities are doing. He stated there have been repeated status reports, but not once has the Board had any comments on the pros or cons of Ordinances from other areas; and the requests for that have been ignored by staff. Assistant

County Manager Peggy Busacca stated she has a copy of a memo that was sent in June, 1997 that described the comparison on Sign Ordinances with Brevard, Alachua, Hillsborough, Indian River, Marion, Orange, Osceola, Pinellas, and Volusia Counties, and Port Orange; it includes the maximum size of each building, the maximum number per building, maximum size of free-standing signs, heights, minimum setbacks, and number per road frontage, and it goes on to describe all of the temporary signs. She stated if that information is not adequate, then staff will need some assistance because it felt it had provided some of that information in 1997. Chairman Scarborough stated the Port Orange Sign Ordinance has to be viewed as a whole; if there is just a comparison, the Board may fail to understand where Port Orange has gone with the complete Ordinance; but the Board needs to talk about the whole concept. He stated maybe the County does not want to look like Duval County, but this is a concept of community; he agrees certain signs are needed; but there are good Sign Ordinances, and the Board is existing with the old 1991 Sign Ordinance. Commissioner Voltz stated if staff did not do its job, it was due to lack of direction from the Board; and it is unfair to say staff did not do its job. Chairman Scarborough stated that is still his feeling.

Commissioner O'Brien stated the Board addressed this issue last year when Commissioner Voltz first came on board; there was a large crowd for that hearing; there were two workshops before then; and there have been public hearings continuously about the topic. He stated he keeps hearing from the public that there is a proliferation of billboards in the community; they want to see that
dramatically reduced because it is eye pollution; and advised of examples on SR 520. He commented on the efforts of FDOT and MIRA to improve SR 520; and stated the billboards are an eyesore. He advised a billboard was reconstructed last year across from his office; it is less than 1,500 feet from another billboard which was already up; it is very non-conforming; and when they rebuilt it, all that was there was half a pole. He stated he would like the Board to start taking fundamental action to amortize non-conforming billboards; ones that are illegal should be torn down at the County?s expense, if that is what it is going to take; and the Board will have to be decisive and go forward with positive actions for the community.

Commissioner Carlson stated she supports workshopping this issue and a comparative analysis with an area with a higher standard than the County; and the Board can adopt some of those standards if it wishes, or adapt them to the County; but what is crucial is enforcement. She stated if the Board is going to create higher standards, it cannot do the same thing it did in 1991 which was not enforce the regulations; that is why there are so many non-conforming signs; and as part of the workshop, she would like to hear how Code Enforcement is going to administer a higher standard.

Commissioner Higgs stated the Board has discussed this a number of times; there are volumes of information on the subject; and suggested the Board start taking this in sections, starting with the billboard issue. She suggested directing staff to come back with language amending the Ordinance to prohibit billboards; and stated there is language recommended by the County Attorney which will allow that without putting the County into a difficult position. She stated that is step one; and then the Board can consider the monument-type signs, and the permanent on-premise and free-standing signs on premise. She stated the Board can compare its Ordinance to better Ordinances, and do it in pieces, because when the Board tried to do it as one action, it did not get anywhere.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct the County Attorney to come back with the language amending the Sign Ordinance in regard to billboards and restricting their use in Brevard County.

Commissioner O'Brien stated the motion goes where he wants to go, but billboards have a place in society; and described appropriate signage. He stated on I-95 and certain other highways, the signs do have something to say that may be important to the community; but putting billboards on Courtenay Parkway would be distasteful because it is a bedroom community. He stated 20 years ago before the area was built out, billboards may have belonged there; but it no longer belongs there. He noted there are no billboards on SR 528 until you get to Brevard County; SR 528 is a scenic highway; and it should have the same image all the way to Port Canaveral with no billboards to break that view. He stated he would also like to direct the County Attorney to begin legal action to have illegal signs removed as soon as possible.

Commissioner Voltz stated she does not like billboards all over the place, but they do have a place; and the Board needs to come up with a list of specific roadways where they would be appropriate. She stated she could not support saying no billboards; Chairman Scarborough has brought up the issue of the Port Orange Ordinance for some time; but she has never heard specifics. Chairman Scarborough stated it is the whole Port Orange concept, which even takes in architectural concepts; and it would be necessary to go to Port Orange to understand the holistic concept. He advised of
the advantages of such an approach; and stated he does not have a problem with what Commissioner Higgs is suggesting, but he wants something more.

Commissioner Carlson stated Commissioner O'Brien?s comment about the proliferation of billboards is a crucial element; and Commissioner Higgs? motion does not include prohibiting billboards, but just to look at non-conforming signs such that if billboards were prohibited in general, that would alleviate the possibility of having to amortize. She stated there could be certain situations where the Board would want to amortize to get rid of a billboard faster; but otherwise, when non-conforming signs are altered, they have to go through a permitting process or not be allowed to be erected again.

Commissioner Voltz inquired if Commissioner Higgs? motion was for no billboards; with Commissioner Higgs responding affirmatively. Commissioner O'Brien requested the Clerk read back the motion. Clerk to the Board Bernadette Talbert advised the motion was to direct the County Attorney to come back with language amending the Ordinance on billboards and restricting their use in Brevard County. Commissioner Carlson stated it was restricting, but not prohibiting.

County Attorney Scott Knox stated he assumes the motion Commissioner Higgs made is a prospective motion saying no more billboards from this point forward; but Commissioner Carlson is talking about existing non-conforming billboards which is a different issue.

Commissioner Higgs stated in the past what the Board has done when crafting ordinances was to start with the most restrictive, and then look at alternatives. Commissioner Voltz inquired if Commissioner Higgs wants to amend the motion to look at signs on federally-funded highways.
Commissioner Higgs reiterated she wants to start with the most restrictive and then consider options to further refine where it goes; and by most restrictive, she means no billboards from this point forward. Commissioner Voltz inquired at what point would the Board readdress; with Commissioner Higgs stating the existing billboards is a separate issue. Chairman Scarborough stated there will be subsequent motions as to enforcement, how to amortize, grandfather, etc.; and inquired what Commissioner Higgs wants the Board to look at.

Chairman Scarborough inquired where might the Board not want to prohibit billboards, or is the prohibition supposed to be complete. He stated the County Attorney needs to know whether to advertise an ordinance or come to the Board with options on what to advertise. He stated sometimes it is easier to come to the Board first for direction on what to advertise; and it would be his preference to come to the Board first.

Commissioner Higgs stated she is happy with it coming back to the Board first and not advertising at this point; staff can start crafting the ordinance with the most restrictive provisions; and the Board will look at the options, and decide what it wants. Chairman Scarborough inquired if that is acceptable to the seconder of the motion; with Commissioner Carlson responding affirmatively.

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

Commissioner Voltz noted she is not supporting the proliferation of billboards; but she does not think the County should cut them off completely.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct the County Attorney to come back within one week with legal direction on how to have the illegal signs removed as soon as possible.

Commissioner Carlson inquired if the Board wants to request a fiscal impact; with Chairman Scarborough responding it can be included. Commissioner O'Brien stated the public will want to know what the cost is, but it wants it to be done, whatever the cost. Chairman Scarborough stated it is appropriate to have the costs shown.

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

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct the County Attorney to draft an ordinance dealing with amortization of non-conforming billboards. Motion carried and ordered unanimously.

Chairman Scarborough inquired if the Board wants to take billboards first; with Commissioner Higgs responding affirmatively. Commissioner Higgs stated there are a variety of ordinances, but the Board can make a decision today to develop an ordinance on permanent on-premise signs, and amend the Ordinance to allow the County to move toward a Code that is more aesthetically pleasing and more like the better standards for signs in the State. Commissioner Carlson inquired if it would be a comparative analysis in terms of Duval County. Commissioner Higgs stated staff has done a report on a variety of different Ordinances; they should bring this issue back, then amortization of existing billboards, and then the new standards; and the Board can look at what other communities have and what would be right for the County. She suggested doing them one at a time, on-premises signs, then freestanding signs, etc.

Chairman Scarborough stated it would be more advantageous to take one of the Ordinances like Port Orange or Duval County as a whole as opposed to pulling a portion out of it. He stated there are certain things that go beyond what is conceived in the current Code; and the only way to do it is to consider, for instance, what a great looking shopping center should look like. He stated he would like to discuss the issue at a workshop.

Discussion ensued on a workshop, losing the big picture, Port Orange as catalyst for growth, talking about concepts rather than words, Board not making progress, aesthetics, amendments to the 1991 Code rather than a new conceptual Code, taking little steps at a time, pictures of Port Orange, energizing the community, and solving the problems one at a time.

Commissioner Voltz inquired if it should be in ordinance form for consideration and discussion.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to develop language amending the Sign Ordinance dealing with permanent on-premises signs to come closer to the standards that are being applied in some of the more aesthetically pleasing communities. Motion carried and ordered unanimously.

Commissioner O'Brien stated Merritt Island is a community, and Port St. John is a community; and inquired if there are areas in the County which are unincorporated and not a community. Ms. Busacca stated the area residents would say no because they feel like they have a community; but to the outsider some communities have a stronger character than others. She stated when people drive by Williams Point, they may not notice it, but the people who have lived there for 40 years feel very strongly about that. She inquired if Commissioner O'Brien is trying to overlay districts with different types of standards. Commissioner O'Brien stated that may be one route the Board may want to travel later on this, but if the Board is going to do something similar to what incorporated municipalities have done, the Ordinance still allows billboards to be built almost anywhere throughout the entire community. Chairman Scarborough stated that may be changing. Commissioner O'Brien stated billboards are all over Merritt Island, and in some places it is ridiculous; but if Merritt Island can be defined as a community, and other areas are not part of the community yet, it could work. Chairman Scarborough stated the Board needs to be careful with defining communities as being more protected or entitled to a higher level of protection aesthetically than others.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to develop language dealing with freestanding signs to come closer to the standards that are being applied in more aesthetically pleasing communities.

Commissioner O'Brien stated he would also like to establish special districts.

Commissioner Voltz stated the Board needs to consider the cost of all these motions; there are only two staff people; and the Board cannot afford to spend millions on this. Commissioner Carlson stated staff is being directed to look at the Code Enforcement issue.

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

Commissioner O'Brien stated the issue of special districts may flow from the other motions.

Chairman Scarborough inquired if the items will be brought back sequentially or all at once; with Commissioner Higgs responding sequentially. Chairman Scarborough stated the Board will first consider the billboards, then the permanent on-premises signs, and then the freestanding signs; in each case options will be brought to the Board on how to proceed with advantages and disadvantages; and the Board will determine what it wants to see advertised. Commissioner Carlson inquired about a timeline. County Attorney Scott Knox stated staff will come back in one week on illegal billboards. Mr. Jenkins advised staff will need approximately 30 days. Commissioner Voltz stated that is for the first one, and then the Board can take them a week apart; with Commissioner Higgs agreeing.

Chairman Scarborough stated the issue of funding was mentioned; according to the Property Appraiser?s Office, most of the signs have been significantly under-taxed based on the stream of income that exists and the income value of the property; and that may capture a source of revenue. He requested a report on how the Property Appraiser is proceeding with taxation of the billboards.

The meeting recessed at 12:10 p.m. and reconvened at 1:13 p.m.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution increasing fees for rezoning applications over the next four years to recover more fully the costs of processing rezoning applications. Motion carried and ordered unanimously.

Mary Todd stated she is glad to see the Board discussing the problem of pesticides, herbicides and fertilizers being applied within 25 feet of the shoreline of the Indian River Lagoon and other water bodies; and expressed support for options 3 and 4. She requested the Board allocate sufficient funds for a pilot project to see how well it would work; and outlined a pilot project including voluntary participation, financial assistance or free plants and trees to allow landscape changes, provision for removal and replacement of exotics by mangroves where appropriate, free ongoing advice on what to plant on the shoreline and how to care for it, and monitoring success of participants. She stated enhancing the scenic beauty of the Lagoon should be one goal of the project; and a report should be written evaluating the success of the project. She stated Florida Yards and Neighborhoods should interface and involve concerned community organizations; and urged the Board to support the idea of increased educational initiatives and implementation of a shoreline properties pilot project. She requested the Board consider the probable cost; and stated the figures given by staff would not take care of what she proposed.

Commissioner O'Brien stated it is important to educate homeowners along the various water bodies as to the adverse effects of pesticides and fertilizers on those water bodies; and noted pesticides become inert within six months when exposed to sunlight. He suggested if the Board wishes to have a pilot project, it invite the University of Florida to perform and fund the project via the Agriculture Center. He stated he has no problem with option 4 which is to continue and expand the voluntary commercial lawn care/landscape industry educational program; it encourages the use of pesticide best management practices; he does not think the Board wants an ordinance which will restrict people?s properties by 25 feet; and inquired who is going to serve as the backyard fertilizer police.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to invite the University of Florida through the Agriculture Center to perform a pilot project relating to pesticide and fertilizer use on water bodies.

Commissioner Voltz inquired who will this impact and how would it affect those with large acreage. Surface Water Improvement Director Ron Jones stated research indicates Florida Statute Chapter 482 specifically preempts local governments? ability to regulate pest control businesses; and the issues were primarily associated with lawn care. He stated if the Board chooses to enact an ordinance associated with regulating distances from an open water body, it would need to be structured in a capacity associated with private citizens and those commercial agents that routinely apply these types of chemicals; but it would also have to be part of an overall pollutant reduction ordinance, not a specific regulation associated with the pest control industry. He stated the parties who are most likely to be affected would be local residents who purchase chemicals for their own usage, and lawn care professionals who provide spray service; but the agricultural interests are covered under separate permitting, and are much more strictly regulated. Commissioner Voltz stated the County does not know what the neighbors are doing; and it does not make sense to adopt an ordinance that cannot be enforced. Mr. Jones stated it will be difficult for a local government to enact this type of ordinance and have it be successful in terms of implementation; and the Board may want to consider additional coordination with the State to enforce existing State rules. Commissioner Voltz stated the majority of people will not know what the Board has done today, and even education will be difficult. She inquired if there is a way to let people living on water bodies know about this. Mr. Jones stated some of the concepts that have been explored at staff level are providing flyers for property owners directly adjacent to the Lagoon or other open water bodies which are subject to adverse impacts, and a more positive public education program in partnership with some of the distributors of chemicals such as Lowes, Home Depot, etc.

Commissioner O'Brien stated this would not affect everybody, only those within 25 feet of a water body; with Mr. Jones responding that is correct. Commissioner O'Brien stated he is for the voluntary
commercial lawn care/landscape industry educational program; and if various stores want to participate with the educational process, they can put up signs; but the County should not get into people?s properties. He stated there are already laws on the books; the State has laws as well; and the County cannot enforce this anyway.

Commissioner Higgs stated the suggestions under options 3, 4 and 6 are good; it affects everyone who lives on the Lagoon, but it also affects everyone who uses the Lagoon; so everyone has a stake in clean water. She stated in his motion Commissioner O'Brien mentioned the University of Florida, but the Board should first try to form a partnership with the Florida Yards and Neighborhoods Program, or other Lagoon-related educational organizations like the Marine Resources Council, DEP, or the St. Johns River Water Management District. She stated she would support a motion to expand education, but before designating who will do it, the Board should look at what various entities are doing to see who can make the most of what money the County will put into it. Commissioner O'Brien inquired what would the Board expect to learn with a pilot program; with Commissioner Higgs responding the Board needs to know what the existing programs are, what investments have been made, and how to get the best result for the money. Commissioner O'Brien inquired what would be the objectives of the program; with Commissioner Higgs responding the objective would be to educate property owners as to the negative impacts of pesticides, herbicides and chemicals on the Lagoon and offering alternatives. Commissioner Higgs stated the Florida Yard Program has a pilot program in which people are encouraged and trained on how to do less intrusive kinds of landscaping practices; and she assumes that program is still operating in the County.

Mr. Jones advised approximately a year ago, the grant funding associated with the local property owners ended; the Florida Yards and Neighborhoods Program is in the process of completing the educational program with respect to commercial applicators; and a representative is present from that Program to respond to the Board?s questions. Commissioner Higgs stated she would like an expansion of option 2 on who is doing what, and how the County can best enhance what they are doing to achieve the objective of educating property owners not to apply chemicals that would go into the Lagoon.

Commissioner Carlson inquired how the Board feels about option 5 which would require continuing education courses as a County license requirement for commercial lawn care/landscape industry professionals to assure they are informed of new technologies, trends, laws, and product information; and stated they can then better help address the communities? issues concerning what they can apply and what they cannot. Commissioner Voltz stated she supports option 5, along with 3 and 4.

Chairman Scarborough noted there is a motion on the floor. Commissioner O'Brien stated his intent was to accept options 1, 4, and 5. Chairman Scarborough inquired if that would be part of the motion or separately; with Commissioner O'Brien responding as a separate motion.

Commissioner O'Brien restated the motion to direct staff to research who can best advise the Board about pilot projects and see what kind of partnerships the Board may or may not want to develop with them. Commissioner Voltz accepted the restated motion.

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

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Option 1, to rely on State or federal labeling and licensing requirements to assure proper use; Option 4, to continue/expand the Voluntary Commercial Lawn-care/Landscape Industry Educational Program (Florida Yards and Neighborhood Program); and Option 5, implement licensing requirements and require continuing education courses as a County license requirement for commercial lawn-care/landscape industry professionals to assure they are informed of new technologies, trends, laws and product information.

Chairman Scarborough inquired how the fee for continuing education is determined; with Mr. Jones responding the Agriculture Center provided those numbers.

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

Commissioner Voltz inquired if the Board does not want to include option 3; with Commissioner Higgs responding that was Commissioner O'Brien?s original motion. Commissioner O'Brien stated he wants the County to be cautious enough while not intruding or taking people?s rights away.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution authorizing the Public Works Director and his staff to apply for a Highway Beautification Grant from Florida Department of Transportation, and enter into a Memorandum of Agreement with the Department for beautification of the intersection of S.R. 405 and U.S. 1. Motion carried and ordered unanimously.

Susan Canada stated there are no great options or easy answers; and thanked Sherri Wanda for the care she has taken of the wildlife that has come into the shelter. She stated option 1 said the Central Brevard Humane Society will likely request an increase in County funding to cover the increased number of animals taken into the shelters; but that amount is not figured into the cost which could make a sizable difference. She stated option 2 states unclaimed or wild animals could be put down on premises; advised of the pros; and inquired how the County could accommodate more than the current shelters. She stated the State only allows a permitted wildlife rehabilitator to rehabilitate animals; and inquired how the County could do that. She inquired if helping with disease management means killing all wildlife; and if not, how would this help be given. She stated she picks up any injured wildlife; she does not want it to be put down unless there is a reason; and although she talked to several groups about interest in the contract, none have expressed an interest because the shelter has poor ventilation, is hard to locate, is in an isolated area which is not safe, and has been expensive for the County and the SPCA. She stated she does see a need for a shelter; instead of transferring injured wildlife, she is spending more time on domestics; and if people were unwilling to transport animals to the shelter in Titusville, they are not going to take them to Cocoa which means more are going to be abandoned. She stated option 2 says adoptable animals could go to the SPCA, and she has nothing against the SPCA getting those animals; but inquired if the County runs a full service shelter, how will it subsidize funding if it is not adopting animals out from there. She stated none of the options sound good; there is a need for a new facility although she does not know how it would be funded; and requested the Board consider each of the options. She requested the Board pay attention to wildlife and also provide an appealing place to take domestic animals.

Animal Services and Enforcement Director Joe Ward stated one concern about the Central Brevard Humane Society is there is no estimate of the cost. He stated Ms. Canada brought up a concern about providing animals to the SPCA without a contract, but he does not know that one is necessary; and advised Orange County regularly allows the Humane Society to take adoptable animals, even though Animal Services also adopts animals from its shelter, and he is not aware of any contract. He suggested a Memorandum of Understanding may be appropriate; and staff could research something like that. He stated Ms. Canada inquired how the County would accommodate more handling of wildlife under State guidelines; it refers to a variety of activities that the County-managed facility could provide; the shelters do not handle wildlife to any extent, except for euthanization of severely damaged wildlife; but the facility could allow wildlife to be retained until taken to a rehabilitator, released to another part of the County, or otherwise provided for by recommendation of the Florida Game and Fresh Water Fish Commission which has jurisdiction. He stated Ms. Canada asked how the County could rehabilitate wildlife; but the County has no desire to rehabilitate wildlife; and the objective is to hold wildlife for a short period of time until it is taken to a licensed rehabilitator. He stated she also asked about things in her letter.

Commissioner O'Brien suggested the Board make a long range plan; one animal shelter is needed in each Commission District with two Animal Control officers in each shelter; and the Director and one staff person could supervise. He stated volunteers want to be part of the process; volunteers are walking away from the animals because of the condition of the shelters; and the County has to start looking at itself as a partner. He stated the County spends $1.3 million or more per year on animal control; there must be a better way; and advised of the advantages of five shelters. He stated the County owns enough property that this can be done; a Butler building is possible for use provided it is well ventilated and the cages can be the right size; and a five-year program is affordable, starting in North Brevard and working south. He advised of problems with people abandoning animals; and suggested the shelters be brought closer to people.

Commissioner Higgs inquired if anyone has a private public partnership with existing private kennels to shelter animals; with Dr. Ward responding not that he is aware of in this State, but there may be an organization in Connecticut or Rhode Island that does that. She stated if the County had contracts with private kennels, those animals that are awaiting pickup could be sheltered there as opposed to the County having all the overhead and expenses. Dr. Ward stated there would be a problem with liability. Commissioner Higgs noted the County is liable if it keeps the animals; with Dr. Ward advising the County has better control over it.

Commissioner O'Brien stated the Board found the funding to move the State Attorney?s office to the Government Center; and it can find funding for this program. He inquired how big would the facility need to be; with Dr. Ward responding the plan which was presented to the Legislative Delegation was for a 7,000 square-foot facility for the kennel and 3,000 feet for administration. Commissioner O'Brien inquired what the size would need to be if there were five facilities planned; with Dr. Ward responding in North Brevard a facility to accommodate the number of animals the shelter has been accommodating for the past few years. Commissioner O'Brien stated sometimes the SPCA and the Humane Society do not get along well; as long as the facilities are owned and operated by the County, it will avoid a lot of the liability of a public/private partnership; and it assures the job will get done. He stated the SPCA and the Humane Society will probably still want to work with the County.

Chairman Scarborough stated the SPCA had the Contract for a number of years, and it has been in the County?s facility; they have decided they want to establish more definition to their role; and they want to work with the County on the transition, and recommended option 1. He stated there is a facility at Dunn Airpark, and the County can continue to operate it; however, if it was nearer to I-95, it could allow personnel to be moved more efficiently. He stated right now there is a void and the question of how to handle it; Clara Gunde indicated she is not interested; Ms. Canada indicated there are others that are not interested in undertaking the task; and the question is where to go with what the County has right now. He stated in the future the County may have a new facility at I-95; as the County grows, it will probably need more facilities; and the Board can take a little step as recommended by Dr. Ward today.

Commissioner O'Brien reiterated the Board bent over backwards to accommodate the State Attorney?s Office at a cost of over a million dollars; and the Board can start doing the shelter facilities. Chairman Scarborough stated the Board can restructure the Animal Control things, but right now there is an immediate problem of continuation of operation when the SPCA walks away; and all Dr. Ward is asking for is direction for a six-month timeframe.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Option 1, to operate the facility as a North County facility for Brevard County Animal Services and Enforcement as a temporary holding center for animals to be picked up, and then taken to either the SPCA adoption center if they are owned or adoptable animals, or to the Central Brevard Humane Society Central or South shelters for holding of stray or bite animals prior to disposal or return to owner. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, to direct the County Manager to work with Facilities Management and develop a five-year plan for one animal control facility in each district.

*Chairman Scarborough?s absence was noted at this time.

Vice Chairman Higgs stated she agrees the Board needs a multi-year plan, but she does not think a five-year plan would be cost effective. She stated there is a need for a new building, but
suggested the County Manager look at a five-year plan and come back with the most cost effective way of handling the sheltering facilities. She stated the Board cannot handle the overhead for five facilities, but she will support a motion for a multi-year plan.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct staff to begin developing a five-year plan for the most cost effective way of handling sheltering facilities, including the possibility of one shelter in each Commission District. Motion carried and ordered unanimously.

Commissioner Carlson inquired about a timeline; with Commissioner O'Brien responding 60 days, so it can be included within the budget package.

*Chairman Scarborough?s presence was noted at this time.

Commissioner O'Brien stated Mr. Abbate has done a good job on this.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve offering those employees affected by the United Healthcare decision to restrict its Brevard County network an opportunity to switch to Aetna HMO or PPO Plan with employees electing the HMO option to continue their current United premium contribution structure and those electing the PPO option to do so at prevailing PPO contribution rates, effective May 1, 1999. Motion carried and ordered unanimously.

Commissioner Voltz stated the Governor just signed a bill regarding pensions for firefighters and policemen; and inquired how that will affect the County financially. County Manager Tom Jenkins advised that is only for municipal fire departments; the County is already under the State Retirement System; but many of the municipalities have their own retirement systems, and the new law creates certain standards for municipal programs.

County Manager Tom Jenkins advised staff just received news that the County?s contribution rate for employee?s retirement was going to be lowered due to the increased prosperity of the Florida Retirement Trust Fund; but more recently staff heard that the State wants to reduce other revenues that were traditionally given to the counties; and the County does not want to take the hit and have the revenue sharing reduced. He stated there is nothing to stop the State from raising the retirement rates in the future; but in the meantime, the County?s revenue sharing would have been reduced; and requested a resolution be adopted to request the Legislature not take it out on the counties.

Commissioner Higgs stated it is ironic that the State and federal government are looking at large tax decreases; and people need to understand the consequences of some of the actions at the State level having a multiple impact as they come down to the County level. She stated the County does not have the revenue stream that grows in the same way that some of the federal and State revenue streams do; and that puts the County in a difficult position. She stated if revenue sharing is cut, and the other programs are cut that have been traditionally funded by the State, people will look to the County to fund those programs. She stated she is not looking forward to budget time if things continue to happen as they seem to be happening.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution requesting County governments receive the benefits of the reduced Florida Retirement System contribution rates without reductions in existing and historical revenues collected by the State and returned to the local governments. Motion carried and ordered unanimously.

Vincent Wilson, President of the Grant Volunteer Fire Department Auxiliary, stated there are no individual profits from the money raised from the sign on the Grant Grocery Store property; and advised of citation for a Code violation and damage to the sign from collisions at the Grant crossroads where First Street meets U.S. 1. He stated the group was going to do away with its sign which has been the chief means of income for the Fire Department; and thanked the Board for approving waiver of fees for non-profit organizations. He advised of equipment purchased by the Auxiliary for the Fire Department; and described various fundraising efforts including raising $4,000 for purchase of a new utility truck, $1,600 to repair the siren, and $150 for Gatorade for the fire crews fighting the wildfires last year. He advised of the need for a high volume pump which can be used

by the fire boat to fight fires on islands such as Grant Farm Island which is occupied. He reiterated his appreciation of the Board?s action concerning waiver of fees; stated if it was not for that, the group would have lost its best source of income; and advised of other fundraising efforts such as bake sales. He requested consideration of the request of the Grant Auxiliary to waive fees.

Commissioner Higgs inquired if Mr. Wilson is asking for waiver of the sign fee; with Mr. Wilson responding he understood the Board approved waiver of fees for non-profit organizations. Assistant County Manager Peggy Busacca stated on the Consent Agenda earlier, the Board approved item III.D.1 which stated fees could be waived for non-profit organizations in the event of a fundraiser; and what Mr. Wilson is trying to do would fall under that category. Commissioner Higgs inquired if that action took care of Mr. Wilson?s problem and the County Manager can take care of it administratively; with Ms. Busacca responding affirmatively. Commissioner Higgs advised Mr. Wilson?s request will go to the County Manager who will be able to take care of it; stated she is well aware of what the Grant volunteers do for the community; and Mr. Jenkins will get in touch with Mr. Wilson about the specifics. She noted Mr. Wilson mentioned the corner of First Street and U.S. 1; and the Board may recall there was an application at the zoning meeting at the same corner for which she requested additional information on accidents.

Steven Anderson stated it concerns him that government and citizens cannot work together to resolve alleged violations of Brevard County Ordinances. He stated in today?s world everyone is under scrutiny; the County cannot afford to not have the best trained professionals; one person?s character may taint the whole system; and his concern lies with the Contractor Licensing Division, which is O. D. Massey?s office. He stated Mr. Massey had J. D. Williams issue a citation with no investigation or evidence in hand; he did not let his staff investigate the alleged violations; and he took it upon himself to have the citations written. He stated Mr. Massey came onto a construction site, interrupting a business meeting, and made unfounded accusations; he was abusive and unprofessional; and he damaged the business reputation of his company and the companies he represents. He stated Mr. Massey is abusive and condescending to other professionals in the construction industry, and has made his customers fearful of reprisal from his office because of the allegations against him. He stated Mr. Massey would not consider evidence he offered upon issuance of the citations as to the conditions and circumstances of the situation; upon his departure from the site, Mr. Massey offered damaging, slanderous, and unsubstantiated information to his customers, and opinions of law; and Mr. Massey has refused to examine information offered in support of his business dealings from the Department of Professional Regulation Enforcement Division of the State. He stated Mr. Massey did not follow Brevard County Ordinance procedure which afford the alleged violator an opportunity to correct an alleged violation prior to the issuance of a citation; and in a one-on-one meeting to resolve the issues, Mr. Massey became so enraged that he was fearful of physical reprisal. He stated when the situation could not be resolved, it went through the chain of command to the County Manager?s office; the County Manager was most attentive and offered to look into the allegations; he received a call from Assistant County Attorney Kyle King stating he had been in contact with all parties and the DPR and was preparing a

Memorandum of Law, and was hopeful that these issues would resolve themselves. He requested the Board look into his allegations regarding the conduct of Mr. Massey?s office and devise a process for a professional approach to dealing with investigations of contractors to protect the citizens of Brevard County.

Chairman Scarborough inquired whose District is this in; with County Manager Tom Jenkins responding as Mr. Anderson indicated, he and his partner came to his office; there were two issues; the comments made about Mr. Massey was one part of it; and the second part was an interpretation of the General Contractor?s law, which is why he asked for Mr. King?s assistance. He advised Mr. King has made numerous contacts with the State to get further clarification of the legalities of what was being proposed; and it moved into a legal issue and question.

Assistant County Attorney Kyle King stated he does not have a final result, but he is engaging in a dialogue with counsel for the Department of Professional Regulation, and providing them information. He stated DPR is familiar with Mr. Anderson and has worked with him in the past on other issues; and he sought to gain some consensus between how the State is handling this type of business arrangement and how the counties are handling it to get some clarification. He stated he has provided information to DPR which they are in the process of reviewing; and he is waiting to hear back from them.

Mr. Jenkins stated there are regulations in place dealing with general contractors and the requirements for general contractors; Mr. Anderson and his associate is a construction management business which is unique for residential construction; and staff has not encountered it in the past. He stated there are requirements regarding workers compensation, being a general contractor, having employees, and so forth; and those legal issues were being looked at by Mr. King.

Mr. King stated he has looked at the Statute; there is no case law on it; and it could be read more broadly or more narrowly, so there is a little bit of ambiguity. He stated the State has been reading it fairly broadly in that Mr. Anderson has fit within an exemption; he has given examples which might result in things which would not be favorable to the community; and if a contractor is supervising an unlicensed individual, and something goes wrong, someone has to be held accountable. He stated DPR agrees on that point, and is researching it to come to a conclusion as to how narrowly or broadly to read this Statutory section.

Chairman Scarborough inquired if the Board will get a report from Mr. King; with Mr. King responding he hopes to get word back from DPR after it has reviewed everything.

Mr. Anderson stated he has a hearing tomorrow; he?s had 30 days to work on getting some memorandum of law; narrowly or broadly interpreted the law is clear; and read aloud from Florida Statute Chapter 489. Mr. King advised there is no hearing tomorrow; and he has informed Mr. Anderson of that fact. Mr. Anderson stated he has not been apprised there is no hearing, and has people and witnesses coming to the hearing tomorrow; he received no written notification of no hearing; people are driving 320 miles; and this is his livelihood that is being looked at. He stated Florida Statute Chapter 489 says a contractor may delegate any part of any work within his scope to a licensed or unlicensed professional; and the County has adopted the same wording in its provision. He stated this is the evidence he will present at the hearing tomorrow; and reiterated he has no written notification that the hearing is not on. He stated his business is being hampered by this investigation and the continuing harassing nature of the office; and he is prepared to bring those people tomorrow to set this for the record. He stated if at the eleventh hour, he has people here, that is not fair; and in his allegations about how this situation came about, he notes that within 45 minutes of it, he was written a citation with no call, discussion, or proper investigation. He requested the Board look into this; and stated the protection of the citizens of Brevard County is his concern.

Commissioner Higgs inquired what was the hearing tomorrow; with Mr. King responding Mr. Anderson was given a citation with a hearing date for March 17, 1999; he spoke to Mr. Anderson on the telephone a few days ago advising in light of the fact that he is having a dialogue with the Department of Professional Regulation, he was requesting the hearing be continued to allow more time to come to a legal conclusion as to the type of business relationship Mr. Anderson wanted to operate in the County; and Mr. Anderson should have gotten or will be getting some kind of written notice advising the hearing has been continued for at least a month.

Mr. Anderson stated according to Brevard County Code all of this must be done in writing, and it must be submitted or hand delivered to his residence; and he would say 24 hours notice is not the way to run a department.

Chairman Scarborough inquired if the continuance of hearing is something the County can do unilaterally, or is that granted by the Special Master. Mr. King responded the Agenda for the Special Master is prepared by the Department so it can set it; and it was continued because they are trying to resolve this, and did not want to prosecute something that may be a legal arrangement approved by the State. He stated he wanted to be as cautious as possible and interact with the State; and he told Mr. Anderson that on the telephone, so he does not know what the confusion is.

Mr. Anderson stated verbal directions have gotten him in trouble many times; and expressed preference for having things in writing. He stated he received a letter from Mr. King stating he was sympathetic and hoped this matter would resolve itself five days ago, and it mentioned nothing except his verbal communiqué. He commented on the unfairness; and stated he is prepared for hearing tomorrow and would like to go forward.

County Attorney Scott Knox inquired when Mr. Anderson was called, did he say he wanted to go forward; with Mr. Anderson responding yes. Mr. King advised Mr. Anderson indicated he was relieved that it was being put off, and his tone changed completely when he heard the hearing was being continued.

Commissioner Higgs stated the Board has a memorandum from Billy Osborne, the Director of the Code Compliance Department, and his description of some of the incidents described by Mr. Anderson is not consistent; and in fairness to staff, that should be put on the record. Chairman Scarborough stated that is fair; and read aloud, "Thursday, February 11, 1999, Mr. Anderson came to the Contractor Licensing Office and requested to speak with Mr. Onnie Massey, Manager, Contractor Licensing. Upon entering Mr. Massey?s office, he immediately slammed the door and became confrontational with Mr. Massey. At this point, Mr. Massey requested staff to enter his office and remain during Mr. Anderson?s visit. While Mr. Anderson was present, he was issued a second citation."

Mr. Anderson stated that is one person?s opinion. He stated he asked quietly for permission to close the door and was granted that permission; when he asked Mr. Massey to cite his authority for the citations he has written under Chapters 489 and 455, Florida Statutes, and Administrative Law 120, he became furious; and he was fearful of reprisal from Mr. Massey. He stated many people in the community have talked about Mr. Massey?s attitudes and investigational practices over the years; he got a copy of Mr. Massey?s personnel reports which show he was abusive to other people; and the Board has a duty to investigate both sides of this. He stated it was very biased of Chairman Scarborough to read that statement into the official record without hearing the other side of the story.

Commissioner Higgs noted Mr. Anderson had already presented his side of the story; and it is only fair for the other side to be described, which is what Chairman Scarborough just read. Chairman Scarborough stated Mr. Massey has not been afforded an opportunity to come up and defend himself.

Mr. Anderson stated this is not a trial against Mr. Massey; he is asking for the Board to come up with a process for a professional approach to dealing with investigations of contractors to protect the
citizens of Brevard County; and he did not ask the Board to censure or anything. He stated Mr. Massey is supposed to be able to deal with inflamed passionate people because that is the nature of the business; and his job description calls for him to be able to deal with such people.

Chairman Scarborough stated the Board understands the situation. He inquired if this is a legal issue, or will the County Manager be reporting to the Board. Mr. Jenkins stated the fundamental legal question is in order to perform general construction work in Brevard County, it is necessary to have a general contractors license; if an individual has employees working for him, it is necessary to have workers compensation insurance; and if there are no employees, the workers must be licensed contractors who are working for the individual. He stated this is a unique situation which has not been encountered previously; Mr. Anderson does not have a general contractors license, but is an agent of someone who is a licensed contractor; and it is a gray area whether he can be an agent. Chairman Scarborough inquired if Mr. King?s memorandum will satisfy the question and at that time, Mr. Jenkins will determine whether something is needed from staff; with Mr. Jenkins responding yes, and at the same time he will review the process for investigating unlicensed contractors. Chairman Scarborough stated any time an employee has accusations against him, there should be a report; accusations tarnish the employee?s record; and the Board does not want to let that stand unilaterally; with Mr. Jenkins responding the staff report was intended to do that.

Mike Klinger stated since 1973 and 1974, Brevard County has changed for the worst; it is bad to live in the County because of high taxes, the high amount of restrictive laws on business and personal life, and failed business growth policies; and the buzzwords were go to Orlando. He stated in 1965 Brevard County was set up with high taxes, extreme amounts of legislation and anti-business policies to insure the success of the Space industry; when Apollo 11 happened, the policy of high tax, high legislation, and anti-business was etched in gold; and no one could argue that the policy helped make man?s greatest achievement possible. He stated in the 1970?s children of Space
industry workers started graduating from high school and college, and had no where to go; and the buzzwords at that time were leave Brevard County because there is nothing in Brevard County. He stated the same policies continued to the 1980?s; many people moved to the area expecting to make a business; but unfortunately for them gold at $600 an ounce, interest rates at 18% on guaranteed cash deposits in the bank, and the build up of high tax and strangling amounts of legislation made business creation in the County impossible. He stated the buzzword for the 1980?s was tax cap, to put an end to that part of the failing policy; and now in the 1990?s extreme buildup of legislation not only ruins business and personal life, but also prevents the government from functioning. He stated innocent people are being hurt by the government, and the government is turning criminal because of too much legislation and conflicting ambiguous laws; people in government cannot keep up with the laws because there are so many and they are unclear; and experienced criminals are walking away. He stated fixing the County will take time; and proposed a three-year plan. He stated part one of the three-year plan is intergovernment communications; and suggested the Board call the federal and State governments to advise that the County is on a three-year plan and needs a three-year break from new taxes and new legislation. He stated the County should ask for as many contracts as it can bid on; and the third part of the plan will explain what to do with the contracts. Mr. Klinger stated chances are the federal and State government will not help; recommended no new taxes be passed by the County; and advised of petitions being circulated to prevent tax increase by issuance of bonds or creation of new or enlargement of existing municipal taxing units. He stated the powers of taxation have been abused; and communications between State and federal representatives and Commissioners or their agents should be videotaped and broadcast on the local channel. He stated part two of the three-year plan deals with excess legislation; if a government is given a power, it usually abuses it; counties are empowered to write legislation and it is not limited; and commented on the Constitution as an example. He stated laws should be for the most important things and should be as short as possible so people will not drown in an ocean of legislation; and proposed keeping Brevard County laws governing the tax cap, transportation, zoning, and guns. He proposed a legislation cap, abolishing all other Brevard law; stated the Commissioners are permitted to legislate on the issues of zoning, fire, hurricane evacuation routes, hurricane evacuation, invasion in war, and emergencies, which is defined as being a massive loss of life or property that is impending or has occurred; and evacuation is the top issue. He stated no more than 10% of the Commissioners? time, unless there is an emergency, will be used for legislating; and 90% of the Commissioners? time will be used as described by part three of the plan. He stated part three makes up for 34 years of neglect and failed business policy; its goal is to create new business and enhance existing business; any government contracts that are procured will be used for on the job training for people for a period of three to six months; part of their pay will be held back until the individuals finish training; that pay will be used only for advertising their new business; and defined advertising that would be appropriate. He stated part three will be called contact and connect; and described how the Commissioners would contact as many people as possible per day, and connect them with other business people to share ideas. He stated the object is to help merge and grow new business from existing ones; and the elected Commissioners would show young and old how business should be done safely and efficiently. He stated business is the top priority; and recommended the Board seriously consider his plan. He advised of the condition of the County; commented on Mr. Anderson?s case; and advised of conflicting and ambiguous laws. He commented on search and seizure procedures; stated he has a videotape; and suggested any Commissioner wishing to see it can let him know.

Kathy Gardel, representing Humana Incorporated and Humana Gold Plus Plan, advised of the background, coverage, and standards of Humana; and recommended offering Humana as an alternative to Health First for Brevard County retirees on Medicare. She stated between the two HMO plans in the County, there is a broad range of doctors; under the Humana Gold Plus Plan there are 150 physicians in the southern portion of the County; and advised of circumstances which would cause changing doctors on a plan or changing plans. She stated Humana can offer a comprehensive package unattainable elsewhere; and listed various local clients of Humana. She stated one of the biggest advantages is that Humana is a national company with coverage in most areas of Florida as well as many areas throughout the United States; and advised if a retiree moves out of the area and the Medicare HMO they are currently on does not have coverage in the new area, they must change their health plan. She stated the Brevard County retiree should have a
choice; many of the patients who are County employees may have to switch; and they are enrolling right now for April 1, and can implement the plan in short notice.

Chairman Scarborough inquired if this is open. Human Resources Director Frank Abbate stated currently there is one Medicare HMO which is Countywide, and that is not Humana, but Health First HMO; Humana has been invited to participate in the County, and has been advised the recommendation being given to the Board today is not an exclusive arrangement for Health First only in the future; Humana has been told when it is in a position to offer the County a group-based HMO product, the County will be happy to consider it; and the County will be going out for bid within the next 60 days. He stated he believes Humana was happy with what it was told; and the opportunity Humana is taking now is to introduce itself as a player in the County.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve offering eligible retirees the option of participating in he Health First Medicare HMO Plan in lieu of their current County Group Health Insurance Program selection, effective April 1, 1999. Motion carried and ordered unanimously.

 Commissioner Carlson inquired if the Board neglected to look at the right-of-way issue for the current sign for the Grant Volunteer Fire Department fundraiser. Commissioner Higgs responded she does not think that was ever questioned; Mr. Wilson was asking about waiver of the fee; and it would be necessary for them to comply with all laws. County Manager Tom Jenkins advised the Fire Department has private property to put the sign on.

 Commissioner Carlson inquired about a time frame for action on the Commissioner O'Brien?s first motion; with County Manager Tom Jenkins responding 30 days.

Commissioner Voltz stated the City of Palm Bay would like to change the name of Malabar Road to Governor Lawton Chiles Boulevard; although it is within the city limits, it is a County road; and inquired who has jurisdiction.

Chairman Scarborough stated he would prefer to defer to the City. Commissioner Higgs noted the County is giving the road to the City. Commissioner O'Brien stated the City can take over the road and all the maintenance; with Commissioner Higgs advising the City is supposed to do that when the widening is complete.

Upon motion and vote, the meeting was adjourned at 2:43 p.m.

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ATTEST: TRUMAN SCARBOROUGH, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK