February 3, 1998

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 3, 1998, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O’Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend J. M. Higgens, Ed.D., Unitarian Universalist Church of Brevard, West Melbourne, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner O’Brien, seconded by Commissioner Scarborough, to approve the Minutes of January 13, 1998 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: NORTH BREVARD HOSPITAL DISTRICT BOARD APPOINTMENT POLICY

Commissioner Scarborough advised at the last meeting Commissioner Higgs brought up the Parrish Board appointments; Commissioner O’Brien voted for two people rather than all four; and if that is what the Commissioners are allowed to do, then they should all know that is the policy. He stated another issue is when the Board does a secret ballot, it should announce the votes of how the individual Commissioners voted afterwards, so it will be part of the Minutes.

Commissioner Cook stated if a Commissioner votes for two people and does not want to vote for anybody else, then he or she does not have to, but weighing the votes would be artificial if a Commissioner votes for the same two over and over again. Commissioner Scarborough stated if it is okay to do it, then all Commissioners should have that option, and if not, then they should all vote for four people. He inquired if the Commissioners will vote for two the next time or have the option to vote for just one if he or she feels strongly about that one person. Commissioner Cook stated his impression was to vote for four separate individuals; and Chairman Voltz stated that is the way it should be.

Commissioner Higgs inquired if the Board agrees that, if there is one opening, each Commissioner should have the option to vote for two separate people, not the same person, but does not have to vote for two and can just vote for one; with Commissioner Scarborough responding as long as everybody plays by the same rules.

INTRODUCTION, RE: CHRIS, BOY SCOUT

Commissioner O’Brien recognized Chris who is a Boy Scout; and noted he is 14 years of age and is 6'2" tall. He stated Chris is at the meeting to earn his merit badge and wants to observe the Board meeting, take notes, and review the minutes.

The Board welcomed Chris to the meeting.

REPORT, RE: PLAQUE FROM VIETNAM VETERANS OF BREVARD COUNTY

Chairman Voltz advised the Vietnam Veterans of Brevard County held its annual dinner on Saturday evening; each Commissioner normally received a plaque for their support; however, this year the Veterans wanted something to hang on the wall, so they got one plaque for the County. She instructed the County Manager to have the plaque hung on the wall in the Commission Room.

REPORT, RE: LANDSCAPE/LAND CLEARING WORKSHOP

Chairman Voltz advised she has an appointment with Jeb Bush on February 12, 1998, which is the day the landscape/land clearing workshop is scheduled; he is coming to the area, and they will tour the HOPE Center; and recommended moving the workshop to another day.

Commissioner Higgs suggested holding it earlier or later in the day rather than canceling it; with Chairman Voltz responding she does not know what time Mr. Bush will be coming; they will have a luncheon and tour the Center; so the workshop can be rescheduled for another time, depending on what happens with the scrub issue.

APPROVAL OF EASEMENT AND WAIVER OF FIVE-ACRE REQUIREMENT, RE:
ACCESS TO PARCEL 263 IN HIDDEN HOLLOW

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to waive the five-acre minimum requirement, and approve a 25-foot easement across a 50-foot wide flag stem to provide access to Parcel 263 owned by Christel I. Hall. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH R.K.T. CONSTRUCTORS, INC., RE: OLD DIXIE
HIGHWAY PEDWAY PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Contract Modification #1 with R.K.T. Constructors, Inc. for Old Dixie Highway Pedway project, in the amount of $15,396.31 for driveways, dumpster pad, sod, and utility conflict; and authorize final payment to R.K.T. Constructors of $36,810.67. Motion carried and ordered unanimously. (See page
for Contract Modification #1.)

CONTRACT FOR SALE AND PURCHASE WITH LELAND BERTSCH, RE: DRAINAGE
AND DRIVEWAY EASEMENTS FOR COCOA BEACH PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Contract for Sale and Purchase with Leland Bertsch to purchase drainage and driveway easements for Cocoa Beach Public Library at $18,000. Motion carried and ordered unanimously. (See page
for Contract.)

RELEASE OF RETAINAGE AND FINAL PAYMENT TO MACH III DESIGN/BUILD, INC.,
RE: GOVERNMENT CENTER BUILDING D RENOVATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to approve release of retainage and final payment to Mach III Design/Build, Inc. of $109,160.57 for office renovations to Government Center Building D for the State Attorney. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING RESOLUTION OF NECESSITY FOR PORTION OF
MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to adopt Resolution amending Resolution of Necessity No. 97-156 for a portion of Malabar Road Widening Project, between Corporate Park Circle and 850 feet west of Minton Road; and declaring the necessity to acquire certain real property located in Brevard County for the widening, construction, and maintenance of a roadway and placement of utility lines and associated facilities on the property. Motion carried and ordered unanimously. (See page for Resolution No. 98-019.)

CONTRACT FOR SALE AND PURCHASE WITH RAMON J. PENA, RE: PROPERTY
ADJACENT TO CENTRAL DISPOSAL FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Contract for Sale and Purchase with Ramon J. Pena for property adjacent to Central Disposal Facility at a cost of $10,000, for expansion of the facility and adequate buffer to surrounding neighbors. Motion carried and ordered unanimously. (See page for Contract.)

APPROVAL OF POSITION AND BUDGET CHANGE REQUEST, RE: SCHOOL CROSSING
GUARD FOR CHALLENGER ELEMENTARY SCHOOL

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to approve an additional part-time permanent school crossing guard (Staff Assistant II) position, budget supplement, budget transfer, and Budget Change Request. Motion carried and ordered unanimously. (See page
for Budget Change Request.)

APPROVAL TO PURCHASE FROM FDOT BUS CONSORTIUM BID #95-07, RE:
PARATRANSIT MEDIUM DUTY TRANSIT BUS

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to approve the purchase of one paratransit medium duty transit bus from the Florida Department of Transportation Bus Consortium Bid #95-07 at $108,216 for SCAT. Motion carried and ordered unanimously.

PROPOSAL #P-1-0-04, RE: SOIL REMEDIATION FACILITY AND SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to reject all proposals for Proposal #P-1-0-04, Soil Remediation Facility and Services, and discontinue the procurement process at this time. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: WATER MONITORING
AND LABORATORY SERVICES FOR SOLID WASTE MANAGEMENT FACILITIES

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to grant permission to bid for water quality monitoring and analytical services for Solid Waste Management Facilities, award bid to qualified low bidder, and authorize the Chairman to execute the contract with the successful bidder. Motion carried and ordered unanimously. (See page for Contract.)

REVISED POLICY BCC-8, RE: TANGIBLE PERSONAL PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to approve revised Policy BCC-8, Tangible Personal Property, to better identify the areas covered by the Policy. Motion carried and ordered unanimously. (See page for Policy BCC-8.)

ACKNOWLEDGE RECEIPT, RE: BAREFOOT BAY RECREATION DISTRICT
FINANCIAL REPORT

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to acknowledge receipt of the Special District Financial Report for Barefoot Bay Recreation District for fiscal year ending September 30, 1997. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: BREVARD COUNTY FINANCE AUTHORITY AND
MELBOURNE-TILLMAN WATER CONTROL DISTRICT FINANCIAL REPORTS

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to acknowledge receipt of the Brevard County Finance Authority and Melbourne-Tillman Water Control District’s audited Financial Statements for fiscal year ending September 30, 1997. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to appoint and/or reappoint the following:

Central Brevard Library and Reference Center Advisory Board
Dollye Robinson, Elizabeth Armistead, and Loretta Wilson, with terms expiring February 2, 1999

Meadowlane Community Library Board
Larry Hughes, with term expiring January 1, 1999

Palm Bay Regional Park Advisory Board
Tom Redmond, with term expiring January 1, 1999

Parks and Recreation South Service Sector Advisory Board
Tom Redmond, with term expiring January 1, 1999.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to approve bills and budget changes. Motion carried and ordered unanimously. (See page for List of Bills.)

PUBLIC HEARING, RE: RESOLUTION ADOPTING FINAL ASSESSMENT ROLL FOR
RANCHWOOD COURT WATER MSBU

Chairman Voltz called for the public hearing to consider a resolution adopting the final assessment roll for Ranchwood Court Water Municipal Service Benefit Unit (MSBU).

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution accepting improvements in the Ranchwood Court Water Municipal Service Benefit Unit; adopting the final assessment roll; establishing the procedure for the collection of assessments; establishing an interest rate; and establishing an effective date. Motion carried and ordered unanimously. (See page for Resolution No. 98-020.)

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PORT ST. JOHN,
UNIT 1 - HONEYCUTT & ASSOCIATES, INC.

Chairman Voltz called for the public hearing to consider a resolution vacating a right-of-way in Port St. John, Unit 1, as petitioned by Honeycutt & Associates, Inc.

Commissioner Scarborough advised the vacating is part of the property that was recently rezoned.

Rodney Honeycutt, representing Windsor-Thomas Group, developer of the property, and the homeowners, stated the property was rezoned to BU-1 on January 29, 1998; they met with the surrounding property owners and Port St. John Homeowners Association to let them know what they plan to do with the rezoning and vacating of a portion of West Avenue right-of-way; and he met with County Department heads that review various vacations. He stated they agreed that the vacation resolution not be recorded until they have site plan approval, because there are utility and drainage easements the County may want to keep open until the site plan is recorded, and because there may be easements that the County may need on the site, which they have agreed to provide. He stated he forwarded a letter to Cynthia Fogle in Public Works, assuring her of those conditions.

Commissioner Scarborough advised they are acquiring a number of homes to continue the commercial strip; the Board handled questions on opaque vegetative buffer of four feet, and a sprinkler system; and the community is happy with what has occurred. He inquired if staff’s concerns are satisfied as to the easements required; with Beverly Sutphin responding there will be another vacating request for additional easements that were not included, and staff included a condition that the new easements will be dedicated to the County to replace West Avenue right-of-way encroachments and easement vacations.

There being no further comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner O’Brien, to adopt Resolution vacating right-of-way in Port St. John, Unit 1, as petitioned by Honeycutt & Associates, Inc., subject to not recording the vacating documents until site plan approval is granted, and petitioner dedicating any necessary easements for existing or relocated utilities. Motion carried and ordered unanimously. (See page for Resolution No. 98-021.)

CONTRACT WITH DEPARTMENT OF JUVENILE JUSTICE, AUTHORIZE USE OF
CONSTRUCTION MANAGEMENT DELIVERY SYSTEM, ISSUANCE OF RFP,
TEMPORARY LOAN, APPOINTMENT OF SELECTION AND NEGOTIATING
COMMITTEES, AND EXECUTION OF CONTRACT, RE: JUVENILE ASSESSMENT
CENTER AT SARNO B BUILDING

Commissioner Cook inquired if the procedure will save 45 days; with Facilities Construction Director Samuel Stanton responding yes, and they were given a time specific to get the project completed. Commissioner Cook inquired who gave the time specific; with Mr. Stanton responding the program is to start June 30, 1998.

Chairman Voltz advised the Department of Juvenile Justice and other organizations’ leases will expire at that time, and they want to get into the Sarno Complex to avoid renewing their leases.

Commissioner O’Brien advised he was under the impression from the onset that the facility was going to be a juvenile assessment center, the Sheriff and Courts would furnish personnel, and it would not increase costs to the taxpayers.

Chairman Voltz advised the Department of Juvenile Justice is in the Monroe Building; Crosswinds Youth Services, Children/Family Services, and several other organizations are scattered throughout the community; they all will be brought under one roof; and there will be no tax funds used for it right now. She stated the $300,000 came from the State; the Sheriff has SHOCAP officers and other juvenile-related personnel; and she has an appointment to meet with him. Commissioner O’Brien stated the Board will be paying 100% of the SHOCAP officers expenses after several years; with Chairman Voltz responding Sheriff Williams has options for grants to fund the project. Commissioner O’Brien stated the Board was told there would be no cost to have the center and it would be a savings; with Chairman Voltz responding the Sheriff will save money, but he did not put that in his budget; and there are other things that need to be worked out.

Commissioner Cook stated he did not realize there was a time constraint on the project, because normally the Board does not do design/build; with Mr. Stanton responding he said June 30th, but it is July 30, 1998. Commissioner Cook inquired if it would impact the project not to proceed with design/build; with County Manager Tom Jenkins responding it is construction management which is different from design/build. Mr. Stanton stated it is design/build on the County. Commissioner Cook stated he has concerns about renovation costs some of which are exorbitant; and staff needs to keep a handle on that. He stated he will support the item with the caveat the Board is reimbursed by the State. Chairman Voltz advised Mr. Minneboo is working on getting the money, and it should be available before they get too deep into the project.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Contract with Department of Juvenile Justice; authorize utilization of Construction Management Delivery System and issuance of RFP; appoint Samuel Stanton, Hugh Muller, Norman Wolfinger, and Teresa Panchek or their designees to the Selection Committee to select the construction manager; appoint Samuel Stanton, Hugh Muller, and Scott Knox or their designees to the Negotiating Committee; grant permission to negotiate and award contract with the #1 ranked firm; authorize the Chairman to execute contract for construction of the Juvenile Assessment Center; and authorize a temporary loan from the General Fund in the event costs are incurred prior to receipt of State funds. Motion carried and ordered unanimously. (See pages for Contracts.)

STAFF DIRECTION, RE: PLAN AMENDMENT 95B.4

Chairman Voltz advised Amendment 95B.4 proposes to change the Future Land Use Map designation from PIP to residential on property located adjacent to Valkaria Airport. She stated in December, 1997, the Growth Management Department was notified by Department of Community Affairs that attempts to mediate a settlement agreement for Plan Amendment 95B.4 had not been successful, and since a settlement could not be reached with Department of Community Affairs, staff is requesting direction from the Board regarding the Plan Amendment. She noted there are two letters from Department of Community Affairs stating they do not wish to have the land use changed.

Commissioner Higgs advised she met with Department of Community Affairs several months ago with hopes of being able to work it out; there seems to be a great deal of concern from the Department of Transportation; and requested the Board allow her and staff to meet with Department of Transportation to see what their specific concerns are. She stated she thought it could be worked out through the Department of Community Affairs Secretary, but that did not work; so she would like to go directly to Department of Transportation.

Chairman Voltz inquired how much time would be needed; with Commissioner Higgs responding 60 days. Commissioner Cook stated Department of Transportation is firm in its objection. Commissioner O’Brien stated he is concerned with putting a residential area next to an airport which should be zoned industrial; and he voiced his concern the last time, and is still concerned. Commissioner Higgs stated all the work that has been done indicates the noise contours that are part of all the Department of Transportation and FAA concerns regarding noise, which relate to what kind of development can be put around airports, show that the noise will not affect the area. She stated there are a number of people who are interested in residential development in the area; and what has been proposed in terms of aviation easement and ways of fully informing people so they know what is going on there could be a mediation or halfway point with FDOT to take care of those concerns. Chairman Voltz stated noise is the biggest concern of the residents; with Commissioner Higgs responding the noise contours is a technical issue, and she would like to negotiate with FDOT to make the change work for aviation and residents of the surrounding area.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Plan Amendment 95B.4 for 60 days, and authorize Commissioner Higgs and appropriate staff to meet with Florida Department of Transportation (FDOT) to determine its specific concerns.

Chairman Voltz inquired if staff has worked with FDOT; with Planner II Todd Corwin responding they have been working primarily with Department of Community Affairs using it as a conduit between the County and FDOT, and have not contacted FDOT directly.

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

STAFF DIRECTION, RE: PLAN AMENDMENT 92B.1

Chairman Voltz advised Amendment 92B.1 changes the Future Land Use Map designation from agriculture to public facilities on property located at the site of the proposed landfill.

Commissioner Cook advised the attorneys do not feel it is of any value to go forward with this Amendment; there is over 1,400 acres designated as public facilities; so if the County wants to use that property for a landfill, it would be adequate space to do that. He stated withdrawing the Amendment at this time does not preclude the County going forward with it in the future if needed.

Motion by Commissioner Cook, seconded by Commissioner O’Brien, to withdraw Plan Amendment 92B.1. Motion carried and ordered unanimously.

DETERMINATION OF PUBLIC INTEREST, RE: WICKHAM ROAD CAR WASH

Chairman Voltz advised the Board is requested to make a determination of whether the project meets the overriding public interest criteria as required by the Comprehensive Land Use Plan Conservation Element Wetland Policy 5.2.F.2.

Wendy Arteaga advised the Suntree area because it is growing and is under served as far as a car wash facility or service is concerned. She advised of their efforts to identify the proper location, taking into consideration traffic counts, accessibility, properties for sale and not for sale, water and sewer facilities, and size of the parcels. She stated the parcel has wetlands on it, but they are willing to place the entire back half of the property in a conservation easement; and they have worked closely with St. Johns River Water Management District for months before applying for the project to make certain it was something that would be able to be worked out and mitigation handled on site. Ms. Arteaga advised about half an acre of wetlands would be impacted; the location of that wetland is towards the front within 300 feet off Wickham Road; but according to Allen Engineering and St. Johns River Water Management District it is already impacted with concrete blocks and other fill material and is a low-quality wetland. She stated the high-quality wetlands have about two to three feet of water and an upland area which will be part of the conservation easement; and they felt the area of more than 50,000 people in a five-mile radius is under-served because the nearest car wash is about six miles away. Ms. Arteaga advised they will be creating about 25 jobs; the assistant manager’s starting salary will be between $20,000 and $25,000, and the manager about $35,000; and employees will get minimum wage plus tips. She noted it took over six months to locate the property, and they have been working on the project since last July.

Commissioner Cook inquired if the property is at the corner of Business Center Boulevard and Wickham Road; with Ms. Arteaga responding no, it is approximately 500 feet from the Pineda/Wickham intersection with 400 feet of frontage along Wickham Road. Commissioner Cook stated the St. Johns River Water Management District designated the low-quality wetland which has already been impacted and is less than half an acre; the proposed conservation area is 2.66 acres with 1.468 acres of uplands; so he would move approval of the project.

Motion by Commissioner Cook, seconded by Commissioner O’Brien, to determine that the Wickham Road Car Wash meets the overriding public interest criteria as required by the Comprehensive Plan’s Conservation Element, Wetland Policy 5.2.F.2. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTION, RE: APPROVING INTERLOCAL AGREEMENT BETWEEN BREVARD
COUNTY HOUSING FINANCE AUTHORITY AND CLAY COUNTY HOUSING FINANCE
AUTHORITY FOR SINGLE FAMILY MORTGAGE REVENUE BOND FUNDS

Commissioner Higgs advised it is a negotiated bond placement; the Finance Committee had questions about negotiated versus competitive sale; and inquired how the issue may affect the long-term cost of the deal. She stated Brevard County has competitive bond sales, and this is a negotiated placement; and inquired how does that differ, and if there is some way to encourage the Housing Finance Authority to look at competitive placement of bonds.

Budget Director Kathy Wall advised the issue before the Board is with Clay County Housing Authority which is negotiating the sale; and Brevard County is piggybacking their allocation received from the State. She stated the Finance Committee discussed the various options of negotiated sale versus competitive sale; however, at that time staff was still gathering information, so it is not conclusive right now. She stated staff gathered information to determine how many agencies in the State do competitive versus negotiated sales, and found none that does competitive sales. Commissioner Higgs inquired if Brevard County would get an allocation if it did not approve this agreement; with Ms. Wall responding no, Brevard County applied in January and did not get an allocation; however, Clay County is inviting Brevard County to join in its allocation to provide six million dollars of funding for the bond program in Brevard County. Commissioner Higgs inquired if staff will continue to explore the issue of negotiated versus competitive sales of bonds and how similar housing deals are handled by adjoining states and across the country; with Ms. Wall responding yes, and a report will be furnished to the Board when it is completed.

Commissioner Cook inquired if comments from Bond Counsel and the Financial Advisor were in the packet; with Ms. Wall responding no, but she can provide copies to the Commissioners. Commissioner Cook stated the Bond Counsel wanted something specific added to the Agreement relating to hold harmless; with County Attorney Scott Knox responding the indemnification agreement between the beneficiary of the issue and Brevard County has been incorporated.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution approving the issuance by the Housing Finance Authority of Clay County, Florida, of its Single-family Mortgage Revenue Bonds in the aggregate amount not to exceed $75,000,000 to provide funds to finance the purchase of single-family residences in various counties within the State of Florida, including Brevard County; and providing an effective date, to include an indemnification clause in the agreement. Motion carried and ordered unanimously. (See page for Resolution No. 98-022.)

DISCUSSION, RE: SCRUB WORKSHOP

Attorney Julie Harrison, representing Partnership for Sustainable Future, recommended updating of the Habitat Conservation Plan drafted in 1995, not only because the Partnership wants to keep the scrub jay, but because putting a plan into effect will be less expensive, protect the scrub jay, and benefit everyone. She stated compliance with the Endangered Species Act is mandatory; permitting costs would be reduced; mitigation ratios would be established; and it would be a voluntary mechanism. She stated if the County does nothing, the residents will lose all advantages, and the County could have legal exposure for allowing development on scrub lands. She requested the Board dedicate a workshop to revise the draft plan.

Priscilla Griffith, representing League of Women Voters, read a report of a survey of voters asked about preservation of scrub habitat with 48% of 400 voters in favor of preservation; stated to do nothing will waste federal money already spent on the plan that needs updating because of delay in implementation; and requested the Board hold a workshop.

Travis MacClendon, representing Indian River Audubon Society, read a prepared statement from the Society supporting a plan update and a workshop.

Margaret Broussard, representing Friends of the Scrub, stated the scrub jay population has dropped below the critical number in the South Beaches, and because of lack of management, the scrub habitat is degrading. She requested the Board hold a workshop to solve the problems.

Margaret Hames advised the scrub jay population on the mainland is also decreasing; status quo will continue to deteriorate the scrub jay population; and the Board will be in the same position as the Board that led to the demise of the dusky seaside sparrow. She suggested the Board get the latest information, find out what is best to do, update the plan, and exercise its stewardship.

Mary Todd gave scenarios on how a habitat conservation plan fits in with priorities and development; stated permitting hassles would be eliminated by a habitat conservation plan at no extra cost to Brevard County taxpayers; and requested the Board hold a workshop.

Norma Savell advised Brevard County has been buying scrub through the EELS Program; three-fourths of the scrub jays are already cared for on federal lands; and if the federal government wants more scrub jays, it should pay for it, and not Brevard County. She stated it is all tax money; everything needs to end some time; and the Board should let it die a natural death with no workshop.

Lillian Banks, representing CCPR, stated there is a plan and that is enough; people will not come here if they hear the County has one environmental plan after another; she is tired of hearing about it; and inquired why does the Board need an attorney to tell the County Attorney what to do.

James Egan, representing Sierra Club, advised the scrub jay is unique to Florida; $300,000 and two years were spent on the Scrub Conservation and Development Plan which was unanimously approved; it is a voluntary plan so he does not understand why there is opposition; and individual plans will be very costly. He stated the plan could be done in phases with one area at a time; and supported holding a workshop.

The meeting recessed at 10:13 a.m., and reconvened at 10:21 a.m.

Commissioner Cook explained the current process implemented by Brevard County prior to issuance of building permits, including review of scrub habitat and occupancy maps, notification of responsibility to contact U.S. Fish and Wildlife Service if properties fall in a scrub jay polygon, and a notice sent to U.S. Fish and Wildlife Service. He advised of an application for $40 million to purchase scrub jay habitat properties and put them in preservation, submittal of a plan to the State which has been ranked, the Scrub Jay Refugia Project of 2,000 acres, and purchase of scrub habitat under EELS Program, which exhibit the fact that the County is protecting the scrub jay. He stated the Endangered Species Act is now in effect, and with or without a scrub habitat plan, it has to be adhered to. Commissioner Cook advised 18,000 plus acres of scrub lands were submitted to U.S. Fish & Wildlife, including federal lands, but they rejected it; they do not want to count federal lands as being scrub jay habitat; and that is confusing to him since their main criteria is survival of the species. He stated third-party liability was mentioned; it is like the manufacturer of a vehicle involved in an accident being responsible for the damages and not the driver of the vehicle; and he does not see the County having third-party liability, since it is notifying Fish and Wildlife Service and also notifying people applying for building permits that they must comply with the Endangered Species Act. He stated the Board has held a number of workshops on the scrub jay; it has not come to a consensus on the draft plan; so before it holds another workshop, it should discuss ideas and how it feels about the issue.

Commissioner Scarborough advised if the Board is going to have a workshop, it needs to define why it will hold a workshop and what it wants to accomplish. He stated various allegations were made on both sides which can be defined; so a workshop would be beneficial. He state the federal Government’s policy on scrub jays is impacting what is happening in Brevard County; and there are a number of issues to determine whether Brevard County is better off with or without a plan, and if there are costs or not. He stated there were a lot of questions raised on both sides of the issue; and he would like to know the answers and allow groups to participate on an item-by-item basis, such as allowing Lynda Weatherman to address how it affects businesses coming into Brevard County. Commissioner Scarborough stated the issue of certainty was a big issue with Boeing and a deciding factor; a plan gives a degree of certainty; and while the Board has heard it adversely impacts property owners, it also heard from a number of people who are in the development industry that create jobs, that it would have been great for Brevard County as an incentive to bring people in because the County would have a greater certainty and easier permitting process. He stated he would like to get the answers on how much it actually costs, and how much it will cost the taxpayers; and suggested Commissioners define issues and people from the community bring the Board issues on survivability of the species, certainty in bringing jobs to Brevard County, costs, etc.

Commissioner Higgs stated the plan is beneficial to both interests--environmental and development; it will provide for local permitting; and there is no other way to get that than through a habitat conservation plan. She stated it will save money for people who want to develop by having one scientific plan, one local permitting plan, and one way to provide for long-term maintenance of the property; and it will provide certainty which can be good or bad. She stated in the draft habitat conservation plan, they got the best scientific information available from the people in the field who are recognized as experts; and it indicates a way the survival of the species in Brevard County can be ensured. Commissioner Higgs stated there is an opportunity to obtain additional State dollars, but it is a shared program and depends on matching funds; in order to get those matching funds, the original plan said the County would leverage its money already committed to scrub with the landowners’ money and would be voluntary and take advantage of the participating CARL money so the public that has a stake in it has a way of participating with no new funds. She stated there is tax money involved, but it is not new money, it is money already dedicated to environmental issues. She stated the Board has a responsibility under the Comprehensive Plan and for the quality of life in Brevard County to move forward with a plan; it has a good draft document that could be improved and enhanced; and it can be submitted and permitted by the U.S. Fish and Wildlife Service. She stated it is good for business, good for the environment, and good for the long-term property values in Brevard County; so the Board should move forward, hold a workshop, and recognize that a plan is good for Brevard County.

Commissioner O’Brien advised the scrub jay is a threatened species not endangered; although Brevard County has created a plan, he has not seen plans from neighboring counties such as Volusia and Indian River, or any of the other counties that supposed to have a plan, to compare them with Brevard County’s plan; and he does not want to be the only county to submit a plan and have approval of it by the U.S. Fish and Wildlife Service. He stated a statement was made about how many people worked so hard to create the plan and deserve congratulations for putting forth such an effort; he has many taxpayers who work very hard as well; and he cannot willy-nilly take their money for matching funds or spend it in an arbitrary manner. He noted people who do not live on the beach do not want their money used to fix the beach, and people who live where there are no scrub jays do not want their money spent to purchase scrub lands; and in the three years he has been in office he has not had developers knocking down his door or calling him to pass the scrub habitat plan. Commissioner O’Brien stated U.S. Fish and Wildlife Service is pushing Brevard County to have a plan; he does not know how expensive it would be, but mitigating properties may be expensive; and U.S. Fish and Wildlife Service gave Daytona Beach a half a million dollars to build a parking lot because where they wanted to build it would protect the turtles. He stated if U.S. Fish and Wildlife can help Daytona Beach build a parking lot, it can come to Brevard County with an open wallet and help protect the scrub jay; and without their money, he is not willing to negotiate any further. He stated until he has seen other plans he would vote against any workshop because he has nothing to discuss or compare with Brevard County’s plan.

Commissioner Scarborough commented on Boeing, TICO Airport, the industrial park area, and Florida East Coast’s Grand Central Vice President who came to meet with staff, all relating to the impact of developing properties that have scrub jays; and to say it is not a topic of conversation with major land holders is incorrect. Commissioner O’Brien stated his office did not receive any phone calls for almost four years from any viable developers saying they want a plan, and in fact they are saying the opposite. Commissioner Scarborough inquired if they realize they will have to deal with the federal government instead of having a quick response from the County, and the larger the tract of land, the more compound it becomes.

Discussion ensued on the pros and cons of a scrub conservation plan, staff’s outstanding contributions in negotiating with Boeing, people wanting slow growth, developers not requesting a plan, current projection of the scrub jay in Brevard County, matching funds to obtain State funds, developers on the committee who supported the plan, conflicts and impacts that could occur with the decline of the scrub jay population, and preservation of endangered species.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to hold a workshop on the scrub issue.

Discussion continued on sources for matching funds, current programs that protect the scrub jay, scrub jay being threatened and not endangered, and no financial ability to implement a plan.

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

Motion by Commissioner O’Brien, to direct staff to collect copies of scrub conservation plans from all adjoining counties, and submit them to the Board.

Commissioner Cook inquired if there are any other plans; with staff member responding no, but there are three counties that are working on plans.

Chairman Voltz recommended moving the February 12, 1998 Workshop on landscaping and land clearing to March 12, 1998.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to cancel the March 12, 1998 Scrub Workshop; schedule the Landscaping and Land Clearing Workshop on March 12, 1998; and cancel the February 12, 1998 Workshop. Motion carried and ordered unanimously.

Commissioner Scarborough requested the Board come to a consensus on a set of questions regarding the scrub jay, which industries are impacted, costs, etc. and allow staff and community groups to respond in writing so Commissioners can review them at their leisure. Chairman Voltz inquired if Commissioners want to come up with a group of questions in two weeks. Commissioner Scarborough suggested sending the questions to the County Manager to put together.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to instruct each Commissioner, if they wish, to submit base questions, not technical questions, where there appears to be a substantial difference of opinion in the community, to the County Manager; and the Board select those it would like to submit to staff and all interested parties to respond to it.

Commissioner Cook requested people in the audience to give him any information they have on why waiting for the State for funding would be detrimental and any other ideas.

Commissioner O’Brien stated he does not want to see it brought back on the Agenda, and suggested staff fax the answers to each Commissioner. Commissioner Scarborough stated he wants the Board to say which questions it wants responses to. Chairman Voltz recommended questions be submitted to the Board and responses be faxed to all Commissioners. Commissioner Scarborough stated he wants the Board to agree on the questions rather than it becoming something from one Commissioner here and another Commissioner there and end up with fragmented information. He stated it can be put on the Consent Agenda and if someone has a problem with it, it can be pulled. Commissioner O’Brien again disagreed with the item being put back on the Agenda. Commissioner Scarborough stated he will put it on the Agenda because he wants the Board as a group to agree on the fundamental questions that are perplexing to it as a group and not just what bothers him. He stated not having a workshop leaves more at odds than can be imagined; and by doing the questions the Board can find out where there are major conflicts in the community.

Chairman Voltz inquired if Commissioner Cook agrees; with Commissioner Cook responding any Commissioner can put any item on the Agenda, so he sees no problem with that.

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

Chairman Voltz instructed Commissioners to provide a list of questions to the County Manager in two weeks; and County Manager Tom Jenkins advised staff will need a few weeks after receiving the questions to respond to them.

DISCUSSION, RE: COUNTY COMMISSIONERS’ SALARIES

Commissioner Scarborough advised of past actions of the Board to return its raise because it could not give raises to employees; stated if they take what the Florida Statutes allow, it would equate to 5.1% increase this year and 5% next year; and noted the mean for employees is 3.98%.

Motion by Commissioner Scarborough, to accept salary increase of 3.98% for County Commissioners this year, and apply the same calculation for next year.

Commissioner O’Brien inquired why would the Board want less than other non-charter counties are paying commissioners, and is it saying they are worth less than others; with Commissioner Scarborough responding it is to be paid under the same auspices as the employees; and his concern is what is happening in Brevard County and not in other counties.

Commissioner Higgs inquired what is the cap-it rate. Chairman Voltz stated the State has a methodology of computing salaries. Commissioner O’Brien stated constitutional officers do not take a pay cut and are paid twice as much as Commissioners. Commissioner Cook stated the State’s calculation would take it out of their hands. Chairman Voltz stated no matter what the Board does, somebody will not like it. Commissioner Higgs suggested the CPI, cap it rate, or 3%.

Commissioner Cook stated constitutional officers make $40,000 more than Commissioners; the Board has no control over that; setting salaries should be removed from the Board and done by the State with a scale for county commissioners statewide; and it would be a more independent judgment than asking the Commissioners to do it. Commissioner Scarborough stated the Charter gives the Board that capacity, and the benefit is that it leads to harmony and a team concept.

Chairman Voltz inquired if the Board sets the salaries by State guidelines and decides next year it cannot give employees raises, can they decline their raises; with County Attorney Scott Knox responding no, it has to set the salaries for two years by ordinance. Chairman Voltz stated she would never consider not giving employees raises because she does not think they get enough. Commissioner Higgs stated the cap-it rate would take it away from the Board setting the salaries. Commissioner Cook stated the median is 4.5%, so 5.1% is not that far off, as they put in an enormous amount of hours.

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

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to approve the State level of salaries for Commissioners for both years; and authorize the County Attorney to prepare the appropriate ordinance. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTION, RE: SUPPORTING 1998 FLORIDA SENATE BILL 754

Commissioner Cook stated there is no fiscal impact statement and no analysis on the impact to the current retirement system; there is no companion bill at this time; and the Board should defer it to get more information. Chairman Voltz agreed. Human Resources Director Frank Abbate suggested language that any legislation not negatively impact Florida Retirement System participants or retirees. Commissioner Scarborough stated if amended, the resolution would answer the concerns.

Commissioner O’Brien stated there is advantage to employees and the Board if employees opt out of the Florida Retirement System and take the alternative portable retirement option; and gave scenarios of private industries’ systems. He stated the advantage is the portable plan can be taken to their next jobs. Commissioner Cook stated the bill is not on the calendar, and the Board should get an analysis before acting on it.

The Board took no action to adopt a resolution supporting Senate Bill 754.

RESOLUTION, RE: OBJECTING TO FAC RULE 18-2, PROVIDING FOR AN ANNUAL
ADMINISTRATIVE FEE FOR LEASES, SUBLEASES, AND AGREEMENTS ON
STATE-OWNED LANDS

Parks and Recreation Director Charles Nelson advised there is an objection to the fee in the Legislative Package; however, staff did not receive authorization not to pay the bill. He stated the bill is about $9,000; the Department of Environmental Protection bills the County for managing properties they have joint partnerships in; many are Beach and Riverfront projects, but there are EELS lands as well; and the County is being assessed $300 per parcel. He stated it is not a lot of money, but it is a philosophical issue because the County has paid the lion’s share of the original acquisition costs, and took the responsibility of operating, maintaining, and managing those properties. Mr. Nelson advised after many agreements were struck, Department of Environmental Protection staff decided they needed money to replace other lost revenues and created this administrative fee; it is an attempt to recapture State revenue they lost; staff believed it had a straightforward partner in the process and has committed County resources on an ongoing basis to manage the lands; so the $300 per parcel is uncalled for.

Chairman Voltz inquired if the County sent letters to Department of Environmental Protection saying it is not going to pay the fees and identifying the reasons; with Mr. Nelson responding they annually forward objections to Department of Environmental Protection when they receive the invoices. Chairman Voltz inquired if staff heard back from Department of Environmental Protection on the objections; with Mr. Nelson responding no, and they are at the stage where they both go through the process on an annual basis. He stated they hope other large counties that are impacted by the fee will step forward; they know Dade and Broward Counties have objected; but it has not gotten a lot of legislative attention. Chairman Voltz inquired if it is something for the Florida Association of Counties to take up; with Mr. Nelson responding he could forward it to them. Mr. Nelson stated there was confusion about the original one that was part of the Legislative Package; it did not reflect that staff is not paying the bill; so they had to clarify that.

Commissioner O’Brien inquired if Department of Environmental Protection uses County property or has an office on County property, and is charged a fee; with Mr. Nelson responding no. Mr. Nelson advised relationships with the State has improved over the last few years; they consolidated many of the leases to reduce the potential impact because the Beach and Riverfront Acquisition Program had nearly 100 parcels that could have been assessed a fee; and they are somewhat sheepish of the fact that it is occurring, but it will take legislative assistance to get it removed.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution objecting to the Florida Administrative Code Rule 18-2, providing for an annual administrative fee to be charged to agencies for leases, subleases, and management agreements on State-owned lands. Motion carried and ordered unanimously. (See page for Resolution No. 98-023.)

APPROVAL, RE: SALE OF SALVAGED METAL

Commissioner Cook stated he has questions about Facilities Management selling materials from certain jobs by going out for quotes; and requested Mr. Muller to clarify that.

Facilities Management Director Hugh Muller advised the County is replacing roofs in-house with temporary over-hires and inmates, so it is generating scrap material; in the past contractors would bid lower for a roofing job because they could get value from some scrap metal they may generate by the job; and they anticipate doing the metal roof on the Elections Warehouse and having that metal to sell as opposed to declaring it trash and taking it to the landfill or trying to sell it through the normal method and having to haul it to Property Control. He stated it would lose value by the expense to haul it from the site, and a better way is to get quotes on site.

Commissioner Cook inquired why is quoting better than bidding; with Mr. Muller responding bidding is more formal and expensive. Commissioner Cook inquired if a minimum number of quotes could be required; with Mr. Muller responding yes.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to require a minimum of four quotes for the sale of salvaged material.

Discussion ensued on calling friends, bid requirements and costs, posting notice of sale, and perception from the public.

Mr. Muller advised staff could advertise for quotes from people interested in buying salvaged material. Mr. Jenkins stated they could put people on notice that from time to time the County will have scrap metal available if they are interested in bidding on it. Commissioner Cook stated it invites people to be part of the process and he would approve it with that caveat.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to amend the motion to authorize staff to advertise for quotes from individuals or businesses interested in purchasing salvaged metals.

Commissioner O’Brien suggested staff contact Yorke Doliner and Norsk Hydro to get the going price per pound for recycled metals so it will know if the quotes received are in the ball park.

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

PERMISSION TO USE COUNTY MAIL SYSTEM, RE: JUVENILE ASSESSMENT
CENTER LETTERS

Chairman Voltz advised the Juvenile Assessment Center Committee will be sending out letters to people and businesses in the community, including law enforcement agencies of municipalities, giving them an update on the Center and letting them know that in May they will have a fund raiser; it will cost 32 cents to mail each letter; and requested permission to use the County’s mail system.

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to authorize mailing letters about the status of the Juvenile Assessment Center, signed by Chairman Voltz, through the County’s Mail System. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: EXECUTIVE SESSION

Commissioner Higgs advised the Board has an executive session following this meeting.

County Attorney Scott Knox advised the executive session is to discuss the City of Cocoa’s litigation.

WARRANT LISTS

January 16-29, 1998 742052 - 744267 04 Suntrust of Titusville NA
January 29, 1998 435477 - 436248 05 Suntrust of Titusville NA
February 2, 1998 436249 - 436285 05 Suntrust of Titusville NA

Upon motion and vote, the regular meeting adjourned at 11:34 a.m.

ATTEST: _________________________________
HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

_________________________
SANDY CRAWFORD, CLERK

(S E A L)