The Board of County Commissioners of Brevard County, Florida, met in regular session on September 9, 1997, at 9:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Helen Voltz.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

PUBLIC HEARING, RE: ORDINANCE AMENDING SIGN REGULATIONS

Commissioner Cook advised there have been requests to delay the sign ordinance.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to continue the public hearing to consider an ordinance amending sign regulations to October 7, 1997. Motion carried and ordered unanimously.

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the Minutes of the August 12, 1997 Regular and August 21, 1997 Zoning Meetings. Motion carried and ordered unanimously.

STATUS REPORT, RE: RECOMMENDATIONS OF EDWARD TIETIG ON OPERATION OF JAIL AND COURT SYSTEM

County Manager Tom Jenkins advised a status report was sent to the Commissioners concern the recommendations of Edward Tietig on the operation of the jail and court system; and Mr. Tietig has scheduled a meeting with Public Safety Director Jack Parker and Public Defender J. R. Russo to discuss the issues further. He inquired if the Board wishes further action at this time.

Chairman O'Brien advised the Board promised Mr. Tietig 20 minutes before it; he just received a video tape concerning jails; and the Board will hear Mr. Tietig when this goes to workshop. Commissioner Higgs advised all Commissioners received a copy of the video tape.

Mr. Jenkins advised a majority of the items are either being done or are under the Judges' purview. Commissioner Voltz inquired if there is still a pending lawsuit; with Mr. Jenkins responding yes, but it deals with the population of the jail. Commissioner Voltz recommended hearing Mr. Tietig's presentation; with Commissioner Higgs advising the issues are being worked and a ten-minute personal appearance should be sufficient.

ANNOUNCEMENT, RE: PLAQUE FROM PALM BAY JAYCEES

Commissioner Voltz advised the Palm Bay Jaycees presented a plaque to the Board in appreciation for its donation to the Palm Bay Fourth of July fireworks.

REPORT, RE: TELEVISION SCHEDULE

Chairman O'Brien advised of a change in the schedule for televising the Board meetings due to commitments to televise the Legislature.

Discussion ensued on staff seeing if a better schedule can be worked out, programs televised at no cost to the County, and conflict between televising Board and Legislature.

REPORT, RE: MEETING CONCERNING BOAT RAMPS

Chairman O'Brien advised he will be meeting with Representative Futch and Senator Bronson tomorrow concerning boat ramps; Representative Futch stated there is $600,000, but there is only $200,000; and the remaining $400,000 is County money some of which has been used for Kennedy Point Park and the First Street Boat Ramp. Commissioner Voltz advised the date for the meeting was incorrectly reported in the newspaper.

Chairman O'Brien stated the two issues for discussion are the buffer zone from the shoreline and boat ramps; District 2 does not need additional parks; and commented on the maintenance costs for existing parks. He advised the County could facilitate the ramps for the clamming industry; there are 24 acres of land on the Barge Canal which are State-owned; and there is $200,000 to build boat ramps. He advised Brevard County only has one-half of a State park; and the legislators should come to the table with more State parks. Commissioner Cook expressed agreement with suggesting more State parks. Commissioner Voltz advised South Brevard needs boat ramps.

Chairman O'Brien expressed agreement with need for boat ramps; and stated the funds from boat registrations are to be used in the County for recreational boaters. Commissioner Scarborough advised of meetings concerning a State park along the St. Johns River on S.R. 46; and expressed support for a park on the Barge Canal. Chairman O'Brien advised of use of the rivers by out-of-County boaters. Commissioner Cook expressed support for additional boat ramps. Commissioner Higgs advised of work on new boat ramps in District 3.

APPOINTMENT, RE: TOURIST DEVELOPMENT COUNCIL

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

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint Larry Bartley to the Tourist Development Council replacing Jim Kelly. Motion carried and ordered unanimously.

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

FINAL PLAT APPROVAL, RE: FAITH VIERA LUTHERAN CHURCH

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant final plat approval for Faith Viera Lutheran Church, subject to minor changes if necessary, receipt of all documents required for recording, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: CITY OF COCOA ANNEXATION ORDINANCE NO. 12-97

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinance No. 12-97 regarding voluntary annexation of two parcels of land in Section 32, Township 24 South, Range 36 East by the City of Cocoa. Motion carried and ordered unanimously.

AGREEMENT WITH JOHN MITCHELL, RE: CARETAKER SECURITY SERVICES AT GIBSON

COMPLEX

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with John Mitchell for caretaker security services at Gibson Complex effective September 10, 1997. Motion carried and ordered unanimously.

PERMISSION TO AWARD BID AND EXECUTE AGREEMENT WITH QUALIFIED LOW BIDDER, RE: RANCHWOOD COURT WATER MSBU

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to award bid and execute Contract with Atlantic Development of Cocoa for the water line construction in the Ranchwood Court Water Municipal Service Benefit Unit at $58,328. Motion carried and ordered unanimously.

AGREEMENT WITH HEALTH DEPARTMENT AND DENTAL SOCIETY, INC., RE: DENTAL SERVICES TO ADULT INDIGENT PATIENTS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with the Brevard County Health Department and Brevard County Dental Society, Inc. for comprehensive dental services to adult indigent patients at an amount not to exceed $25,000. Motion carried and ordered unanimously.

PROJECT AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENSION OF TIME FOR KENNEDY POINT PARK DEVELOPMENT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Florida Department of Environmental Protection for extension of time for the development of Kennedy Point Park. Motion carried and ordered unanimously.

PROJECT AGREEMENT AMENDMENT WITH FLORIDA INLAND NAVIGATION DISTRICT, RE: EXTENSION OF TIME FOR FIRST STREET BOAT RAMP

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Project Amendment Agreement with Florida Inland Navigation District for extension of grant period for development of the First Street Boat Ramp. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH ARCHITECTS IN ASSOCIATION, ROOD & ZWICK, INC., RE: EXTENSION OF TIME FOR CUYLER PARK COMMUNITY CENTER ADDITION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Amendment No. 1 to Agreement with Architects in Association, Rood & Zwick, Inc. for architectural and engineering services for the Cuyler Park Community Center Addition. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH SSE & ASSOCIATES, INC., AND FINAL PAYMENT, RE: COCOA WEST COMMUNITY CENTER GYMNASIUM FLOOR PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with SSE & Associates, Inc. extending time by fifteen days; and authorize final payment to SSE & Associates, Inc. for completion of the Cocoa West Community Center Gymnasium Floor Project. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH MESSER CONSTRUCTION CORPORATION AND FINAL PAYMENT, RE: W. W. JAMES PARK RESTROOM/CONCESSION BUILDING

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with Messer Construction Corporation increasing contract total by $760.43; and approve final payment to the Corporation for completion of the W. W. James Park restroom/concession building. Motion carried and ordered unanimously.

APPLICATION AND CERTIFICATE FOR PAYMENT FROM GOODSON PAVING, INC., RE: LAKE WASHINGTON DEMOLITION PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Application and Certificate of Payment from Goodson Paving, Inc. for the Lake Washington Demolition Project in the amount of $1,750. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: DERELICT VESSEL REMOVAL

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with the Florida Department of Environmental Protection for a $14,800 grant to remove derelict vessels; authorize quote and award to lowest responsible quote for removal services; and authorize the Solid Waste Management Director to execute change orders to the County's Derelict Vessel Grant Agreement. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH MARIE C. VENEZIANO, RE: PROPERTY ADJACENT TO CENTRAL DISPOSAL FACILITY

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase with Marie C. Veneziano for property adjacent to the Central Disposal Facility at $11,000. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE SPECIAL MEETING, RE: VALKARIA AIRPORT OPERATION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize a special meeting on Friday, September 19, 1997 at 10:00 a.m. in the Commission Room, to discuss the Valkaria Airport operation. Motion carried and ordered unanimously.

AWARD OF QUOTE AND AGREEMENT WITH MAIL MANAGEMENT SERVICES, INC., RE: QUOTE #Q-3-7-143, MAIL MANAGEMENT SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to award Quote #Q-3-7-143, Mail Management Services, to Mail Management Services, Inc. at an estimated annual mail process charge of $16,413.75 and estimated postage reimbursement of $90,724; and execute Agreement with Mail Management Services, Inc. for the service. Motion carried and ordered unanimously.

ACCEPTANCE, RE: INVESTMENT ACTIVITY REPORT AS OF JULY 31, 1997

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to accept the Investment Activity Report as of July 31, 1997. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint George (Ed) Palmer, 1881 Pineapple Avenue, Melbourne, to the Affordable Housing Council, replacing Ralph McCoig, Jr.; Jim Messer, P.O. Box 425, Sharpes, to the Building and Construction Advisory Committee, replacing Michelle Lindsey; and William VanEngelenburg, 1523 Mallard Court, Titusville, to the Titusville-Cocoa Airport Authority, replacing Ernest F. Voegtlin. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PARKS IN PLAT OF KELLY PARK - FRANCIS K. GROOMS

Chairman O'Brien called for the public hearing to consider Resolution vacating parks in Plat of Kelly Park as petitioned by Francis K. Grooms; and advised the problems with the neighbors and the Port have been solved.

Dennis Troyan stated he is a retired engineer and friend of the Grooms family, and has a financial interest in the project. He commented on the objecting parties and negotiations with objectors; and described the condition of the parcels. He stated the full ownership of the properties should be contested in court, not before the Board; and advised of sufficient boat parking areas.

Francis Grooms, representing the Kelly family, stated the family hopes all the information provided over the last twenty months will be helpful to the Board in reaching its decision, and that the Board will return the parcels to the family.

Commissioner Cook inquired about Mr. Troyan's financial interest; with Mr. Troyan responding he owns 150 feet of frontage on the river, and in order to develop it, he needs to acquire another lot. Charles Chandler, Keith Notary, and Jerry Jester expressed opposition to the vacating of the parcels.

Commissioner Higgs advised of her opposition to the vacating; and stated it is in the public interest to maintain riverfront properties for future use.

Commissioner Cook advised it is a public resource which provides public access to the river; and noted the Board policy against vacating such accesses. He advised objections have been received from abutting property owners and County Departments; stated if the property is vacated, it will subject the County to lawsuits; and he sees no compelling reason to return the property, which was donated in 1917 or 1924, to distant relatives of the party who made the donation. He noted the County has spent millions of dollars to acquire riverfront parcels; and giving up riverfront parcels would not be in the public interest.

Commissioner Voltz advised there was some question whether the parcels were actually turned over to the County; and she cannot support denial. She stated she supports giving the property back to the Kelly family.

Chairman O'Brien advised Mr. Notary mowed the land in order to use it for parking; the neighbors are using the property for commercial gain; but it is supposed to be a park, not a parking lot. He stated the land may have been platted and dedicated to the County as a park in 1917 or 1924; however, the County never took title to the land until 1995, and then only because the family requested return of the property. He advised of the background of the property; and expressed support for the vacating and return of the property.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to deny adoption of resolution vacating parks in Plat of Kelly Park as petitioned by Francis K. Grooms.

Commissioner Cook reiterated his reasons for support of denial. Commissioner Voltz advised of the County's inability to take care of existing parks.

Chairman O'Brien explained his opposition to the denial; and called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, Higgs, and Cook voted aye; and Commissioners O'Brien and Voltz voted nay.

APPROVAL OF CITY OF MELBOURNE'S REQUEST, RE: CREATION OF NEW COMMUNITY REDEVELOPMENT AGENCY

Mayor John Buckley advised at its August 26, 1997 meeting, the Melbourne City Council heard comments from Council member Pat Poole; and the Council took no action.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution authorizing the City of Melbourne to create the Babcock Street Community Redevelopment Agency, amended to include a 25-year sunset, 25% maximum cap on the use of incremental fees for administration, and the M.I.R.A. language. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY ASSESSMENT ROLL FOR FLORA AND FAUNA WATER MSBU PROJECT

Chairman O'Brien called for the public hearing to consider a resolution confirming Preliminary Assessment Roll for Flora and Fauna Water MSBU Project.

Commissioner Cook inquired if all property owners were notified and all County policies followed; with staff responding affirmatively.

There being no further comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution confirming Preliminary Assessment Roll for the Flora and Fauna Water MSBU Project. Motion carried and ordered unanimously.

REQUEST FOR PROPOSALS, RE: COUNTY LOBBYIST

Margaret Pullen expressed opposition to hiring a lobbyist or paying $31,000 to the Florida Association of Counties.

Commissioner Voltz expressed support for moving forward with an RFP for a County lobbyist; and stated questions need to be answered.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve moving forward with an RFP for a County lobbyist.

Commissioner Cook advised an RFP does not bind the Board into hiring anyone; the $31,000 from the FAC is the proper funding source; and if the lobbyist does a good job, he or she can ask for more next year. He commented on the pay scale for lobbyists; expressed support for going forward with the RFP; and outlined other options. He suggested changes to the proposed RFP, adding individuals as well as firms under Qualifications, including communication with Department Heads under Scope of Services, providing for written status reports to go to the Commissioners as well as the County Manager, and adding a requirement that the lobbyist submit an annual report on his or her lobbying activities.

Discussion ensued on whether positions should be by unanimous or majority vote, representing the will of the people, developing scope of services in periodic meetings with the lobbyist, conflicts of interest, success of lobbyists for other counties, previous actions of Congressman Weldon and Lobbyist Guy Spearman, money lost for beach restoration, need for measurable criteria and limited agenda for lobbyist, annual status report as an agendaed item, and term of agreement.

Commissioner Voltz inquired about the representative from the FAC; with County Manager Tom Jenkins responding a representative will be happy to come any time the Board desires, but there were mixed signals as to when they were supposed to be at the meeting.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct that the lobbyist will only lobby on those things voted on in open session by the Board of County Commissioners.

Commissioner Cook advised the provision can be included in the RFP wherever appropriate. Mr. Jenkins suggested indicating it would be matters approved by the majority of the Board of County Commissioners in public session. Commissioner Cook suggested including the lobbyist would report back on a regular basis at a regular meeting and would only lobby on behalf of the County for those items which are voted on by majority vote in open session by the Board of County Commissioners. Motion restated and amended by Commissioner Cook, seconded by Commissioner Voltz, to approve moving forward with an RFP for a County lobbyist; and direct that the lobbyist will report to the Board on a regular basis at a regular meeting, and will only lobby on behalf of the County for those items which are voted on by majority vote in open session by the Board of County Commissioners.

Chairman O'Brien expressed concern about the time factor in terms of execution of the contract and the legislative session. Discussion ensued on the time period for the RFP and term of contract to be effective upon execution.

Chairman O'Brien advised the motion is to approve moving forward with the RFP, changing #10 to an appropriate date, adding "or individuals" on page 4, adding "Agency Heads" under scope of services, adding regular status reports to be copied to the Commissioners, requiring an annual report to the Board at a public meeting, and providing that direction will be approved by the Board in public hearing. Commissioner Cook clarified the lobbyist will lobby only on those positions voted on in open session by the Board of County Commissioners.

Discussion ensued on conflict of interest and no authorization to represent the Board on issues not voted upon by the Board in open session.

Commissioner Higgs stated the Board is the selection committee, and reference to the selection committee should be deleted. Commissioner Cook indicated a typographical error on page 11.

Chairman O'Brien called for a vote on the motion, as amended. Motion carried and ordered; Commissioner Scarborough voted nay.

The meeting recessed at 10:26 a.m. and reconvened at 10:44 a.m.

DISCUSSION, RE: BOEING COMPANY INCENTIVES

Franck Kaiser, Vice President, EDC of Florida's Space Coast, stated EDC Director Lynda Weatherman is in Tallahassee to address the Governor and Cabinet concerning the orimulsion issue with Florida Power & Light Company; and advised of the impact to the Boeing Company project.

Commissioner Cook advised the Board took an opposing position on the orimulsion issue. Discussion ensued on the orimulsion issue.

Chairman O'Brien advised the Board already waived fees, as requested in the first incentive. Discussion ensued on the amount of fees waived. Mr. Kaiser advised Boeing is requesting permanent exemption from the Emergency Medical Services and Law Enforcement MSTU's over the 20-year life of the project, as it will be providing its own police and fire service. County Manager Tom Jenkins advised Boeing agrees that if the County provides such services, it can bill on a per-call basis.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to include exemption for Boeing Company from Emergency Medical Services and Law Enforcement MSTU's within the tax abatement program for the 20-year life of project.

Discussion ensued on amount of fire rescue and law enforcement assessments, reimbursement for individual fire and sheriff calls, and ten years versus twenty years.

County Attorney Scott Knox recommended the motion be made to the extent it is allowed by law; and advised the current exemption Statute is ten years. He noted the law could change, or the Board could enact an exemption to the MSTU Ordinances.

Commissioner Cook withdrew the motion.

Commissioner Voltz suggested lobbying the Legislature to change the law. Commissioner Cook stated if it is not allowable, he will not make a motion; and recommended things be investigated prior to being placed on the Agenda. Commissioner Scarborough stated Boeing needs to make a decision; the numbers will be crunched this week; and emphasized the need for accurate numbers.

Mr. Kaiser stated the next issue is provision of reuse water on site; it has been approached from two angles, one that the site will stay in the County, and the other that it will be annexed by the City of Titusville; and Boeing has indicated interest in staying in the County. He stated in order to provide reuse water, the line will have to be extended to the Titusville waterline at an estimated cost of $260,000; and advised the other sites being considered have all utilities to the site including reuse water at no cost.

Commissioner Higgs recommended Option B, providing a package wastewater treatment plant, with costs recovered through sale of sewer services and reuse water. Commissioner Cook inquired if there is a surplus package plant that could be relocated; with Mr. Jenkins responding affirmatively. Mr. Jenkins stated historically the County's sewer system has been one system, and Boeing would be charged the standard rate which are charged to all customers.

Discussion ensued on annexing into the City of Titusville, costs for extension of line paid by the City of Titusville, need for accurate figures for Boeing to make decision, County rates versus City rates, and interest in staying in County.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Option B, construct a package wastewater treatment plant on their site, and provide and charge for sewer service and provide reuse water utilizing funds from wastewater enterprise funds.

Chairman O'Brien suggested amending the motion that if Titusville annexed the property, the County would be reimbursed for the cost associated with the package plant. Commissioner Cook stated he does not want to complicate the motion.

Discussion ensued on possible annexation, inability to make the City of Titusville reimburse, problems created by City of Titusville, and support of Boeing by majority of Titusville City Council.

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

Chairman O'Brien stated Congressman Weldon, Governor Chiles and Representative Randy Ball have been active in working with the County on this project.

Ida Blickley commented on the amount of the City of Titusville water and sewer bills.

Mr. Kaiser stated the other sites being considered are graded and utility lines are to the site at no cost to Boeing; and Boeing made the same request to the County. He stated a recommendation has been made that the Public Works Department grade the site to specifications.

Commissioner Voltz inquired if this is something Public Works can do without putting a stress on services; with Public Works Director Henry Minneboo responding affirmatively. Commissioner Cook inquired if the crews would be pulled off other projects; with Mr. Minneboo responding affirmatively, but the Boeing grading could be done within 60 days. Commissioner Voltz inquired if another crew was hired; with Mr. Jenkins explaining the other crew generates revenue which the budget is dependent on, and if the crew is not working on construction, it will not be possible to balance the budget.

Commissioner Scarborough commented on the time frame for the decision, and the vote of the people in support of tax abatement. Mr. Knox advised Chapter 125.045, Florida Statutes, says counties are authorized to provide economic incentives to private enterprises for economic development purposes in order to bring businesses into the community or to expand existing businesses, and the reason it was adopted was because of the competition of other states on projects. Commissioner Scarborough advised of other options for the grading, including using private crews or the MSBU process.

Commissioner Cook expressed support for the MSBU option; stated the site preparation will be over $1 million dollars; and a strong incentive package has been put together. He stated if the County is going to do the work, it should be through an MSBU with payback over a period of time and no initial cost.

Commissioner Higgs stated she cannot support development of private property; she understands the competition, and wants the County to secure the plant; however, the Board has to decide the proper role of government and where incentives should be. She stated the County should not do or contract for the infrastructure work, nor finance it through an MSBU; and MSBU's should be used for infrastructure in existing developments, not as a financing mechanism for private developments.

Commissioner Voltz stated the incentive package the County offered is good; however, the incentive packages offered by other places are better. She conceded $1 million dollars is a lot of money; but in looking at what is offered compared to what can be gained, a million dollars is not that much money; and she supports doing the site plan.

Commissioner Scarborough stated this has been described as one of the largest corporate relocations since World War II; read aloud from Chapter 125.045, Florida Statutes; and advised the Alabama package exceeds the County's package three and one-half times.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve site grading and preparation by the Public Works Department, with cost savings estimated to be approximately one-half million dollars to be passed on to the Boeing Company, and the MSBU methodology used to spread the cost.

Commissioner Higgs stated the principles involved cannot be applied to other circumstances; and explained the impact to taxpayers of using the Road and Bridge personnel for this project. She stated this will be pulling off major personnel during a potentially high-need time of the year; and it is ill advised.

Commissioner Cook stated the County can quote out some things; he does not want to see all road and ditch maintenance halted for 60 days; and inquired if Public Works can accomplish everything. Mr. Minneboo advised he would like to give the private sector the majority of the work, and with the quoting capability, that can be accomplished. Commissioner Cook inquired about net savings; with DISCUSSION, RE: BOEING COMPANY INCENTIVES (CONTINUED)

Mr. Minneboo responding he will have to run the job, and will not be around for a while. Commissioner Cook inquired if Mr. Minneboo will still be performing his other duties; with Mr. Minneboo responding he will try, but Assistant Public Works Director Ed Washburn will do a good job. Mr. Minneboo advised it will be a 60-day project, 7 days a week. Commissioner Cook inquired if Mr. Minneboo will be able to meet the responsibilities for road paving; with Mr. Minneboo responding he will try to stay on top of it. Commissioner Cook commented on the positive impact if Boeing comes to the County.

Commissioner Scarborough explained the benefit of the project to the taxpayers. Commissioner Higgs inquired if Boeing will assume all liabilities and permitting; with Mr. Minneboo responding affirmatively. Chairman O'Brien stated the Air Force contract has little to do with this plant because the purpose of the plant is to make Delta 4's. Commissioners Scarborough and Voltz concurred the motion will include the comments regarding the permitting and liabilities.

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

APPROVAL, RE: COMMUNITY BASED ORGANIZATIONS FUNDING PROGRAM CITIZENS ADVISORY BOARD RECOMMENDATIONS FOR FY 1997-98

Ray Olinger expressed opposition to the allocation of $5,000 to ComeUnity; and suggested the allocation be given to Pregnancy Resources which promoted life. He advised of precedent for denying the CBO Advisory Board recommendations.

Commissioner Voltz expressed reservations about the allocation to ComeUnity; and recommended dividing the $5,000 between ComeUnity and Pregnancy Resources.

Assistant Housing and Human Services Director Jasper Trigg advised the primary concern of ComeUnity is abstinence; the group highly advises use of birth control methods; however, it does not teach or recommend. Mr. Trigg stated Pregnancy Resources was awarded $1,000 out of the set-aside fund for this year to meet the needs of its program. Commissioner Voltz advised that was for FY 1996-97.

Motion by Commissioner Voltz, seconded for discussion by Commissioner Cook, to approve allocating $2,500 to ComeUnity and $2,500 to Pregnancy Resources.

Discussion ensued on funding from other sources, precedent for funding private organizations, previous funding of ComeUnity, reason for CBO funding, whether the County should be funding social programs, funding organizations aimed at women, reason for CBO Committee recommendations, funding particular activities or services, accountability, and services provided by Pregnancy Resources.

Commissioner Higgs suggested taking $2,500 out of the set-aside amount for Pregnancy Resources. Commissioner Voltz expressed concern about going from $1,000 to $5,000 in one year.

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

Commissioner Cook expressed concern about the administrative costs for the part-time CBO Committee of $43,295. Commissioner Higgs stated it is not just administrative cost for the Committee, but includes the cost for writing and monitoring the contracts and insuring that the organizations are delivering the services. Commissioner Cook stated he wants direct accountability; there is no way to justify the administrative cost; and he does not understand why the administrative cost cannot be absorbed by the County. Chairman O'Brien stated it is a users fee back to the Board for performing the function.

Discussion ensued on how realistic is $43,000, funding the year-long program, accountability, and monitoring direct costs for one-year with quarterly reports.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Manager to monitor the direct costs and expenses of the Community Based Organizations Program. Motion carried and ordered unanimously. Chairman O'Brien commented on the influence of the United Way and the Children's Services Council appointees on the CBO Advisory Committee as special interests. Discussion ensued on the composition of the CBO Advisory Committee. Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution revising the CBO Advisory Board, to reduce the membership to five members. Commissioner Higgs stated it cannot be said that anyone voted a conflict; the interests of children have been represented by a number of people on the Committee; and the representation of the Children's Services Council has been fair although there have been differences of opinion.

Commissioner Cook stated there were no sinister motives involved; but the group was supposed to be five citizens recommending to the Board; and the original intent was not to have individuals associated with any organization. Commissioner Higgs inquired if everyone who is involved with another organization must resign from the Committee. Commissioner Cook recommended each Commissioner make individual appointments; and stated other organizations may have a right to be represented on the Committee. Commissioner Voltz commented on the influence of people with greater expertise.

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

PERSONAL APPEARANCE - JAMES STRICKLAND, RE: WAIVER OF ZONING CODE

James Strickland stated on August 26, 1997, he requested the Board amend the Zoning Code; the Board approved that; and he requested permission to put a mobile home on his property. He advised he will be closing on his house on September 19, 1997; he does not have time to put a pad and electric in; he proposed paying a bond; however, in the amendment to the Ordinance, it was suggested an individual pre-pay the impact fees or present proof of a construction loan in lieu of the actual work being performed. He requested the Board withhold enforcement of the Code while the Ordinance is being amended.

Commissioner Higgs inquired if Mr. Strickland can get a security trailer; with Planner Tom Myers responding not without going for a CUP; and a minimum of ten acres to place a trailer on AU property which would take longer than putting in a slab and rough plumbing. Mr. Myers advised the earliest a security trailer could be approved would be the end of November, 1997. Commissioner Higgs stated there was a mechanism Mr. Strickland could have used under the law. Commissioner Cook noted the problem is the time frame. Mr. Strickland advised he must be out of his house by September 18, 1997. Commissioner Cook inquired if the Board can hold in abeyance enforcement of the Code; with County Attorney Scott Knox responding affirmatively.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct staff to hold in abeyance enforcement of the Zoning Code for James Strickland, to allow temporary living quarters on his property while his house is being constructed.

Commissioner Higgs stated there was an opportunity for Mr. Strickland to have taken care of his problem under the existing Codes. Chairman O'Brien stated government unbending to its own rules and regulations is not good government; the County's laws cannot cover every possible scenario; and government should find resolution to problems.

Commissioner Scarborough inquired if an ordinance has been drafted to provide for the mechanism; with Mr. Myers responding the ordinance can come to the Board as early as September 25, 1997. Mr. Myers advised staff did not think a bond was appropriate; the rule is trying to make sure the individual is going to build a house when he or she places a trailer on the property; and the proposal is to allow the individual to demonstrate that he or she has obtained financing or has pre-paid the impact fee. Commissioner Scarborough stated he cannot support the banking portion; and inquired if the pre-payment of impact fees would be forfeited. Mr. Myers stated the impact fee payment would remain as a credit toward the eventual impact fee on the property. Commissioner Scarborough stated there are no time constraints; with Mr. Myers advising once the trailer is moved onto the property, Mr. Strickland will need to have a building permit. Commissioner Scarborough expressed concern that there are no teeth in the pre-payment; and suggested the pre-payment be double the amount with pulling of the permit within six months.

Motion by Commissioner Scarborough, to amend the motion to double the amount of the pre-payment and have complete forfeiture if permits are not pulled within six months.

Chairman O'Brien suggested there be a time limit for nonenforcement of the Code. Mr. Myers stated Mr. Strickland would be required to have a permit for the house and pre-pay the impact fees, and if nothing is done within six months, the permit for the house would expire, and the temporary living quarters would be in violation.

Commissioner Cook stated sometimes the Board has to be flexible. Discussion ensued on various scenarios.

Commissioner Cook seconded the motion to amend the previous motion.

Commissioner Higgs stated government that is arbitrary or puts itself above the law becomes unjust and dangerous to the people.

Chairman O'Brien called for a vote on the motion, as amended. Motion carried and ordered; Commissioner Higgs voted nay.

The meeting recessed at 12:06 p.m and reconvened at 1:15 p.m.

RESOLUTION, RE: TAX ABATEMENT APPLICATION FOR NORTHROP GRUMMAN CORPORATION

Chairman O'Brien advised Northrop Grumman is moving its corporate headquarters to Melbourne; and it is expanding its local operations by 82 employees averaging annually $120,000 per employee.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution on behalf of Northrop Grumman Corporation stating that Northrop is a qualified expanding business in Brevard County, requesting the Property Appraiser provide the Board with the necessary report, requesting the Economic Development Commission to conduct an economic analysis and provide the Board with a recommendation of Northrop's tax abatement application, and authorizing advertisement of a public hearing to consider an exemption ordinance. Motion carried and ordered unanimously.

RESOLUTION, RE: TAX ABATEMENT APPLICATION FOR BRAID SALES AND MARKETING, INC.

Chairman O'Brien advised Braid Sales and Marketing, Inc. is a manufacturer of machinery that makes doors and door frames.

Motion by Commissioner Scarborough, to adopt Resolution on behalf of Braid Sales and Marketing, Inc. that the company is a qualified expanding business in Brevard County, requesting the Property Appraiser provide the Board with the necessary report, requesting the Economic Development Commission to conduct an economic analysis and provide the Board with a recommendation of Braid Sales and Marketing, Inc.'s tax abatement application, and authorizing advertisement of a public hearing to consider an exemption ordinance.

Commissioner Scarborough stated the concept was to try to bring in higher wage jobs; and some counties and states have been criticized about going after jobs just to go after jobs. Commissioner Voltz inquired if the County only goes after higher paying jobs, what will happen to all the people on welfare. She stated a manufacturer paying lower wages may be able to take 95% of the people off welfare; and that is something the Board wants to support.

Discussion ensued on incentives for higher wage jobs, jobs in tourism industry, defining which jobs to seek, high attrition rate at KSC, welfare to work programs, need for entry level positions, uniqueness of Braid Sales and Marketing, Inc., and reconsideration of Ordinance.

Economic Development Director Greg Lugar advised a mechanism is included in the original Ordinance concerning guidelines for selection of businesses; the guidelines are set by Resolution; and the Board can continue to look at the guidelines as the program progresses.

Discussion continued on wage scale as criteria for tax abatement, availability of lower paying jobs, economic benefit of higher paying jobs, support of companies which have long-term investment in the community, balancing need for high and low paying jobs, targeting high-tech jobs, defining objective of tax abatement, focus on manufacturing, effect of elimination of impact fee on Merritt Island, and provision of part-time employment.

Motion by Commissioner Scarborough, seconded by Commissioner Scarborough, to adopt Resolution on behalf of Braid Sales & Marketing, stating that Braid Sales & Marketing is a qualified expanding business in Brevard County, requesting the Property Appraiser provide the Board with the necessary report, requesting the EDC to conduct an economic analysis and provide the Board with a recommendation of Braid Sales & Marketing's tax abatement application, and authorizing advertisement of a public hearing to consider an exemption ordinance. Motion carried and ordered unanimously.

AGREEMENT WITH CIRCLES OF CARE, INC. RE: BAKER ACT SERVICES

Margaret Pullen stated the Baker Act is unconstitutional; and Attorney General Robert Butterworth used it to find her incompetent on May 12, 1997. She stated after a telephone conversation with Mr. AGREEMENT WITH CIRCLES OF CARE, INC. RE: BAKER ACT SERVICES (CONTINUED)

Butterworth's office, during which she requested the Attorney General to stop fraud against the people of Florida, she was imprisoned at Circles of Care; and described the details of her confinement. She demanded all politicians and government employees be banned from using the Baker Act against people; and requested all funds and contracts with Circles of Care be withdrawn and an investigation of Circles of Care and the Sheriff's Department be ordered.

Commissioner Scarborough inquired what happened to Ms. Pullen; with Ms. Pullen outlining the details of her order of incompetency, her removal from her home by the Sheriff's Department, and her treatment at Circles of Care. Commissioner Scarborough advised Ms. Pullen has made severe allegations against the Attorney General; and requested the County Attorney advised the Attorney General and request a response to the allegations.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Attorney to write to Attorney General Robert Butterworth requesting response to the allegations of Margaret Pullen.

Ms. Pullen inquired what about the Sheriff's Department, and offered to submit paperwork. She reiterated the Baker Act is unconstitutional and she is against any funds being appropriated because politicians and employees abuse it.

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

James Whitaker, President of Circles of Care, advised representatives of Circles of Care and an HRS Baker Act representative will be glad to meet with Ms. Pullen this week; and if Ms. Pullen signs a release, her records can be made available to the County Attorney. He explained how the Baker Act is administered; and addressed Ms. Pullen's allegation that she did not receive food at Circles of Care.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreement with Circles of Care, Inc. for Baker Act services for children and adults at $1,006,406, from October 1, 1997 through September 30, 1998 for State-mandated match money for Baker Act patients. Motion carried and ordered unanimously.

APPLICATION AND CERTIFICATION OF CREDENTIALS TO FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, RE: STATE AID TO LIBRARIES

Motion by Commissioner Cook, to execute application to the Florida Department of State, Division of Library Services and the Certification of Credentials form. Motion died for lack of a second.

Commissioner Voltz advised she needs further information on why public funds are tied to a private entity. Commissioner Scarborough inquired if delay will cause any problem; with Library Operations Director Catherine Schweinsberg responding the application must be to Tallahassee by October 1, 1997.

Discussion ensued on accreditation being required by Florida Administrative Code, submitting the certification, and resolving other issues at a later time. Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table application to Florida Department of State, Division of Library Services and Certification of Credentials form to September 16, 1997. Motion carried and ordered; Commissioner Higgs voted nay.

DETERMINATION OF PUBLIC INTEREST, RE: COMMUNICATIONS TOWERS, INC. - S.R. 405

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to make a determination that Communications Towers, Inc.'s tower site on S.R. 405 meets the overriding public interest criteria as required by the Comprehensive Land Use Plan's Conservation Element, Wetland Policy 5.2.F.2. Motion carried and ordered unanimously.

DETERMINATION OF PUBLIC INTEREST, RE: COMMUNICATIONS TOWERS, INC. - S.R. 50 CELLULAR PHONE TOWER

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to make a determination that Communications Towers, Inc.'s tower site on S.R. 50 meets the overriding public interest criteria as required by the Comprehensive Land Use Plan's Conservation Element, Wetland Policy 5.2.F.2. Motion carried and ordered unanimously.

DETERMINATION OF PUBLIC INTEREST, RE: COMMUNICATIONS TOWERS, INC. - CANAVERAL GROVES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to make a determination that Communications Towers, Inc.'s tower site in Canaveral Groves meets the overriding public interest criteria as required by the Comprehensive Land Use Plan's Conservation Element, Wetland Policy 5.2.F.2. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-4-7-12 AND AGREEMENT WITH BREVARD ASSOCIATED COURT SERVICES, INC., RE: COURT REPORTING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to award the best ranked proposal received from Brevard Associated Court Services, Inc. at estimated cost of $644,843 annually, based on the proposed rate schedule and historical expenditures, for Proposal #P-4-7-12, Court Reporting Services for Court Administration; and execute Agreement with Brevard Associated Court Services, Inc.

Chairman O'Brien inquired if the Board should refuse to pay for this and take a stand on Article V funding like Palm Beach County did. Commissioner Cook advised the refusal in Palm Beach was to the conflict attorneys and appeal process; all of it is being investigated; and some counties are taking a position that Article V costs are not the responsibility of the local taxpayer. Chairman O'Brien suggested directing the County Attorney to being back information on counties which have taken that position. Commissioner Cook stated the County Attorney should be in the process of compiling that information. Chairman O'Brien inquired how long with Mr. Knox need to provide the information; with County Attorney Scott Knox responding a couple more weeks. Chairman O'Brien requested the information be brought back to the Board at the first meeting in October. Commissioner Cook inquired if that would have any impact on the requested action; with Mr. Knox responding no.

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

PERMISSION TO ISSUE AND AWARD ANNUAL SUPPLY BIDS, QUOTES AND PROPOSALS, AND AUTHORIZE RENEWAL OPTIONS, RE: COMMODITIES AND SERVICES

Commissioner Voltz requested an explanation of the action. Purchasing Manager Joellen Moore advised it is the annual commodity list; every year the County goes out for bids and quotes for those items; and it saves coming to the Board for permission to bid each item.

Motion by Commissioner Higgs, seconded Commissioner Voltz, to grant permission for Purchasing Services to issue and award annual supply bids, quotes and proposals, and authorize renewal options for commodities and services. Motion carried and ordered unanimously.

RATIFY AND AUTHORIZE COUNTY MANAGER TO SIGN, RE: LABOR AGREEMENT WITH LABORERS INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 678

Commissioner Cook stated the Agreement lists raises and percentages of raises; and inquired if there will be ability in the budget to handle the raises and provide comparable raises to non-union employees. Budget Director Kathy Wall advised the budget proposal presented to the Board on September 4, 1997 provided a set-aside to pay for the raises being proposed, with 75% to be paid by the agency and 25% from savings. County Manager Tom Jenkins clarified 75% is being funded; and the Departments are being asked to generate 25% through savings. Commissioner Cook inquired if this was a negotiated rate; with Human Resources Director Frank Abbate responding yes, and the terms and percentages mirror the percentages proposed by the County Manager for the non-bargaining unit.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to ratify the tentatively agreed upon modifications to four articles in the Collective Bargaining Agreement; and authorize the County Manager to execute the Agreement as provided in Section 447.309, Florida Statutes. Motion carried and ordered unanimously.

DISCUSSION, RE: USE OF VIDEO TAPES AT COUNTY COMMISSION MEETINGS

Chairman O'Brien advised the Board requested option for presentation of video tapes at Board meetings.

Janis Walters advised the issue is citizen access to government; and expressed support for presentation of video tapes. She stated Option 2 is unacceptable; Option 1E is reasonable if there is a non-disclosure rule; and expressed concern about Option 1C.

Commissioner Cook advised the Board has been liberal in its policies toward public access; but if there are going to be video tapes, there should be some restrictions; and expressed opposition to absent presenters. Commissioner Voltz expressed support for Option 1; and stated Commissioners can view longer tapes in their offices. Commissioner Cook expressed support for Option 1, but expressed reservation about Option 1E; and suggested Option 1E be changed to 24 hours before a meeting.

Commissioner Scarborough stated the Board is responding to an event that was an anomaly. He commented on previous policies for speakers; stated there may be times when five minutes is not sufficient; suggested various policies to address videos; and expressed concern about having too many restrictions on videos.

Commissioner Higgs stated most of Option 1 is already Board policy; and expressed support for it. She advised if someone wants to make a 5-minute presentation to present someone else's position, it should be allowed. She expressed support for review of tapes for obscenity; and stated people should not be allowed to promote their commercial enterprises.

Discussion ensued on period for review of video tapes, review for obscenity and commercial purposes, need for written waiver for re-broadcast of news footage, absent presenters, and hearing all speakers before taking videos.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution amending Resolution No. 95-169, including Option 1 for use of video tapes at County Commission meetings, as follows: (1) all video tapes will be limited to no more than five minutes; (2) only separate, sleeved video tapes of five minutes length will be shown, and lengthy tapes for more than one presenter that require stopping and starting of the tapes will not be accepted; (3) video tapes will not be shown of absent presenters; (4) any video tape that contains news footage, broadcast or organization/agency/commercial programming will not be shown unless presenter provides a written wavier for re-broadcast use; (5)all video tapes must be reviewed by County production staff and County Manager no less than 24 hours prior to a Commission meeting; (6) video tapes not include obscenity or promote a commercial interest; and (7) all speakers will be heard prior to the videos.

Discussion ensued on absent presenters, concerns about being too restrictive, and who the commercial restriction would apply to.

Motion by Commissioner Cook, to amend the motion to delete Option 1C. Motion died for lack of a second.

Discussion ensued on whether all speakers can be heard first.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to amend the motion to delete Option 1F.

Commissioner Higgs inquired about the potential for advocating particular political candidates. Discussion ensued with the issue. The Board requested the County Attorney investigate the issue.

Chairman O'Brien called for a vote on the motion, as amended, to adopt Resolution amending Resolution No. 95-169, approving Option 1A, B, C, D, and E. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

Commissioner Higgs advised she is against the provision concerning absent presenters. Commissioner Scarborough advised he is against taking action at this time. Commissioner Higgs requested a definition of an absent presenter. Chairman O'Brien advised of problems at a previous meeting where individuals dropped off tapes, but did not stay for the meeting; and advised the person bringing the tape must be present when the tape is shown, or he is an absent presenter.

RESOLUTION, RE: WATER SUPPLY WORKING GROUP

Chairman O'Brien stated the requested action is to adopt a resolution indicating the Board's desire to participate in the water supply planning efforts through the Water Supply Working Group as outlined by St. Johns River Water Management District; and suggested appointing the Commissioner who serves on the Water Supply Board, who is Commissioner Higgs, or her designee to represent the County during the development of the long-range water supply plan for Brevard County.

Commissioner Cook stated the resolution does not bestow regulatory power on the group; the St. Johns River Water Management District has been mandated by the State to do this; and he hopes it is not duplicating other planning strategies by the suppliers. He suggested amending the resolution to revise paragraph 6 to include "all major water users such as publicly and privately-owned public water suppliers, agriculture, and other interested parties and citizens will be involved in the planning process." He read aloud the eighth paragraph; and inquired if there is a problem with competitive bidding for the consulting engineer. County Attorney Scott Knox advised the engineer was hired by the St. Johns River Water Management District through the RFP process, and is not a problem. Commissioner Cook stated the engineer would be paid for by the St. Johns River Water Management District; and expressed concern about implementing a bad plan. He requested the language be revised so it does not say that the group will develop a plan that will be implemented; and stated he would like to see the plan before committing to implementing it. Commissioner Higgs advised the Board's appointee to the group would have to coordinate with the Board. Commissioner Cook suggested adding "after review by the County Commission." Commissioner Higgs noted each municipality will be doing the same thing as the County; and the intent is for each municipality and the County to be thoroughly briefed and supportive of the plan. Commissioner Cook suggested adding "after review by the relevant affected bodies." Mr. Jenkins suggested the wording be "affected elective bodies." Commissioner Higgs read aloud paragraph 2 which provides for communication to the Board or to the municipalities. Water Resources Director Richard Martens advised it is the intent of the St. Johns River Water Management District that all municipalities have direct opportunity to comment on the plan.

Commissioner Voltz advised of her attendance at a seminar on House Bill 715 and water resources, and is comfortable with this item. She stated she does not want everyone to have a voting say in the group. Commissioner Higgs stated the intent is that the Water Supply Board would be the voting entity; input would be received from everyone; however, the Water Supply Board would make the decision. Mr. Martens advised the Water Supply Board will be the mechanism through which public comment is received and the technical plans evaluated; and he does not see the Water Supply Board having a vote on accepting the plan. Mr. Martens explained the process. Commissioner Voltz stated if there is a vote, it will be the municipalities that are involved with the County. Discussion ensued on the process and who will vote.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution authorizing the Board's appointed representative to the Brevard Water Supply Board to represent the Board of County Commissioners during the development of a long-range water supply plan for the County by the St. Johns River Water Management District, as amended to revise paragraph 6 to include "all major water users such as publicly and privately-owned public water suppliers, agriculture, and other interested parties and citizens will be involved in the planning process" and paragraph 8 to include "after review by the relevant affected bodies." Motion carried and ordered unanimously.

The meeting recessed at 2:44 p.m. and reconvened at 3:03 p.m.

PERSONAL APPEARANCE - UDAY PARMAR, SANTRAM ENTERPRISE, INC., RE: TRUCK RENTAL

Uday Parmar, representing Santram Enterprise, Inc., requested waiver of the six-month period for reapplication for conditional use permit to have one rental truck on his property; and submitted a petition.

Chairman O'Brien advised Mr. Parmar is referring to a zoning item which the Board denied.

William Kern, representing Leisure Living Condominium Association, outlined Code violations by Santram Enterprise, Inc.; and stated the applicant did not even show up for the original hearing. He described the property and parking lot; and addressed safety concerns.

Uday Parmar described the traffic in the area of his business; and advised of the desire of the community for such a facility.

Commissioner Scarborough advised the applicant failed to appear at the Board meeting; the Board voted for denial, but the Planning and Zoning Board was unanimously in favor of the request; and inquired why Mr. Parmar did not appear before the Board. Zoning Official Rick Enos advised Mr. Parmar did not understand that the Planning and Zoning Board was not the final decision; and he is requesting a waiver of the six-month waiting period to reapply. Commissioner Higgs stated the P&Z Board dealt with the issue; the Board denied it after public comment; and she sees nothing new or unique that would result in the Board waiving the waiting period.

Commissioner Cook inquired if the applicant is amending the request to only have one truck; with Mr. Parmar responding affirmatively. Commissioner Cook advised it is a different request that would go back to the P&Z Board; and that might be worthy of consideration. Commissioner Higgs stated it was always possible to make that a condition of the conditional use permit.

Commissioner Voltz advised Mr. Parmar is not from this country, and does not understand how some things are done; and the Board should take that into consideration. She inquired if Mr. Enos explicitly explained the whole procedure to Mr. Parmar; with Mr. Enos responding it would have been made known to Mr. Parmar on at least four or five occasions during the process, but there was a problem with understanding. Commissioner Voltz inquired if Mr. Parmar did not understand the procedure; with Mr. Parmar responding he did not understand.

Commissioner Cook inquired what would be wrong with one truck; with Mr. Kern responding it is a traffic problem and a danger; there is another U-Haul facility three miles to the north; and even one truck would add to the situation.

Commissioner Higgs stated the issue today is not to rehear the case; the issue is to waive the six-month waiting period; and inquired if there is something different about the new application. Commissioner Cook stated he would have been more comfortable if Mr. Parmar had been at the hearing, but there was some confusion. Commissioner Higgs stated there is only so much staff can do to explain the process. Commissioner Cook stated he was just trying to find out if the neighbors would have a problem with one truck. Commissioner Scarborough stated there is some change in the application; and Mr. Parmar did not understand the significance of being present at the hearing.

He noted there are some people who signed the petition who find the change acceptable. Commissioner Higgs advised none of those people live in the immediate area.

Commissioner Cook stated he may vote to deny it again at the hearing; however, he would like to see if the one-truck option would be acceptable to the neighborhood. Commissioner Higgs stated the conditional use permit would not have a limitation. Commissioner Cook inquired if the CUP could be limited to one truck. Commissioner Higgs stated it could not be limited in the application. Mr. Enos suggested if an application for one truck is a different application, and the Board approves taking an application on that condition, he will not take an application unless it is just for one truck. Commissioner Scarborough stated he will make a motion based on the unanimous approval of the P&Z Board, options not being discussed before the Board, and a substantial difference in the application.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive the six-month waiting period, and authorize Uday Parmar, Director of Santram Enterprise, Inc., to reapply for a Conditional Use Permit (CUP) for rental of one truck only in a BU-1 zoning classification. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

PERMISSION TO NEGOTIATE LEASES AND DRAFT NECESSARY AGREEMENTS, RE: BILLBOARDS ON COUNTY-OWNED PROPERTY

Chairman O'Brien advised the item concerns billboards on County property which it rents to others; and expressed concern that the rates for the leases are considerably lower than current advertising rates, and renegotiation could result in an increase in revenues associated with the billboards.

Commissioner Higgs advised she does not support billboards on I-95; and the County should remove them or comply with the spacing requirements of the Comprehensive Plan. Commissioner Voltz agreed they are much closer than the spacing requirements allow.

Commissioner Scarborough advised one company has not paid the fee for some years; and suggested holding the item for one week. He stated if money is due, the County should get it; the billboards should comply with the County's laws; and the signs should get the ongoing commercial rate. Commissioner Cook stated the question is whether to eliminate them on County property.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to remove all billboards located on County-owned property, and authorize staff to collect the payments owed to the County.

Discussion ensued on $36,000 revenue stream from billboards, grandfathering of the billboards, leasing County property for private commercial enterprises, and which companies would stay if the County adhered to the spacing requirements.

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

APPROVAL, RE: TDC 1998 CATEGORY A PROMOTION AND ADVERTISING GRANT PROGRAM HANDBOOK

Commissioner Higgs expressed concern about awarding grant funds only to Chambers of Commerce, and desire to open the grant process to any organization which can meet the requirements. She stated the four recommended revisions are good, but not the restriction to only Chambers of Commerce.

Chairman O'Brien advised of a letter from Bonnie King; outlined services provided by the Chambers of Commerce; and addressed the political implications.

Rachel Moehle, representing the Cocoa Beach Area Chamber of Commerce, expressed appreciation for previous grant funds from the TDC; and advised of statistics relating to tourism. She advised of the Chamber's ability to compete; commented on the promotion of Brevard County as one community; and recommended the Chambers share the grant funds equally. She stated most people turn to the Chamber when seeking information on tourism and vacationing; and the Chambers would like to continue working together to promote tourism. She urged the Board to keep it open on an equal basis to the four Chambers of Commerce, provided they meet the criteria of the grant guidelines.

Commissioner Scarborough stated most people get their tourism information from Chambers of Commerce.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the proposed Tourist Development Council (TDC) 1998 Category A Promotion and Advertising Grant Program Handbook.

Commissioner Higgs stated she believes in competition; some Chambers have better programs than others, and should be rewarded for that; and the competition would benefit people in the tourism industry as well as tourists. Chairman O'Brien advised of worldwide advertising of the County.

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

BUDGET CHANGE REQUESTS, RE: CHARTER REVIEW COMMISSION

Commissioner Cook advised the request includes creation of a position; and inquired if there are resources within the County whereby a part-time person could fill that role. County Manager Tom Jenkins responded he has been unable to identify an individual on a permanent basis; and the Charter Review Commission expressed interest in having someone independent of the County. Commissioner Cook inquired if it will be a temporary, part-time position; with Mr. Jenkins responding affirmatively.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Budget Change Requests establishing a budget for the Charter Review Commission and a temporary, part-time Secretary III position. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION AMENDING MERRITT ISLAND REDEVELOPMENT PLAN

Commissioner Voltz stated the owners of the two marinas in question sit on the Merritt Island Redevelopment Agency (M.I.R.A.) Board; and it appears to be a conflict of interest.

Chairman O'Brien advised all redevelopment agencies are structured the same way; and explained the laws governing the structure and the composition of the M.I.R.A. Board.

County Attorney Scott Knox stated there is a conflict of interest potentially; but there is a Statute that says that does not make any difference. Commissioner Higgs inquired if the County must agree to allow that conflict or could it adopt an ordinance. Mr. Knox advised the Board can only adopt ordinances which are consistent with State law, and State law specifically allows the conflict in a redevelopment agency; and advised why the conflict is allowed. Commissioner Voltz inquired if all property owners have been notified. Mr. Knox stated there is an awareness of what is going on. Commissioner Cook requested another week to read the Statute; and inquired if the County has any control. Mr. Knox advised the only control the County has is to appoint individuals who do not have conflicts of interest. Commissioner Higgs suggested enacting such a policy. Chairman O'Brien advised all M.I.R.A. is requesting is ability to update its plan; and it has nothing to do with the appointees or policy.

Doug Robertson, representing M.I.R.A., advised there is no critical timing; and he would welcome the time to meet with the Commissioners to explain the amendment.

Commissioner Higgs stated she has no problem moving ahead with the advertisement, and requesting the County Attorney to bring back information at the next meeting on the issue of conflicts. Commissioner Voltz stated it appears some people are being favored.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant permission to advertise a public hearing to consider an amendment to the Merritt Island Redevelopment Plan as required by Chapter 163.361, Florida Statutes; and direct the County Attorney to report to the Board at the September 16, 1997 meeting on conflict of interest issues relating to redevelopment agencies. Motion carried and ordered unanimously.

PUBLIC COMMENT, RE: PARRISH MEDICAL CENTER

Bea Polk advised of a petition for referendum election on the proposal to lease the Parrish Medical Center; and expressed concern that the people in North Brevard are going to lose $300 million if the hospital goes in with HealthFirst and Holmes. She commented on the amount of cash reserve, money given to other non-health related organizations, the side-by-side corporation, workers' concerns, Board's authority to help the people, and need for a referendum to let the public decide what to do with the hospital; and advised she will go to the courts if necessary. She requested a legal opinion on whether it is necessary to change the law to lease the hospital, what can be done with the hospital, why money can be taken out of the hospital and given to other organizations, and what can be done to get rid of the side-by-side corporation.

Nelly Strickland advised of her unfavorable experience at Parrish Medical Center obtaining emergency medical care. She commented on Rod Baker, the emergency room addition, patient problems, the lawsuit against Bea Polk, Medicare and other insurance problems, and getting rid of the public board. She requested the Board provide a legal written clause in the contract that whatever money is paid for the lease be designated for the payoff of the water/sewer treatment plant, find a way to get rid of the public board, and get the hospital where people can feel safe.

Commissioner Scarborough stated legal questions have been raised; and requested the County Attorney provide a response. Commissioner Scarborough stated the North Brevard Hospital District Board is having a meeting next week at The Great Outdoors; a decision can take place at that meeting; and inquired to what extent does the enabling Act have to be changed to allow the transaction.

Ms. Polk inquired what laws have to be changed to allow the Parrish Medical Center to be leased or to merge with another hospital.

Commissioner Cook stated Ms. Strickland can meet with the County Attorney to get a response to her other questions.

WARRANT LIST

Upon motion and vote the meeting adjourned at 4:10 p.m.

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

SANDY CRAWFORD, CLERK
( S E A L )