The Board of County Commissioners of Brevard County, Florida, met in regular session on July 21, 1998, at 5:30 p.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 Commissioner Randy O?Brien.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

County Manager Tom Jenkins stated the Fire Marshal reports that the drought index for Brevard County is currently at 18; the State Forestry Fire District which includes Brevard County has no drought conditions above the 400 level; and the Governor?s Order is no longer applicable in the County for the banning of fireworks. He stated the Fire Marshal advises the current conditions do not warrant the ban on open burning, the Board?s Emergency Ordinance and Order; and suggested the Board consider allowing the sale of fireworks, if it is interested in doing so.

Commissioner Cook inquired who did the report; with Mr. Jenkins responding Chief Taggart, Fire Marshal.

County Attorney Scott Knox stated the Ordinance is in effect for 60 days which expires in August, 1998; and if the Board wishes to allow people to sell fireworks, it will need to repeal the Ordinance or suspend the Ordinance pending its expiration. He stated the Emergency Order is only good for seven days at a time; and the Chairman cannot renew it the next time it comes up.

Commissioner Higgs inquired if the Governor rescinded Executive Order 98-165; with Mr. Jenkins responding no, but the provision in that Order states that if any area does not have the drought conditions, then the Order is not applicable. Mr. Jenkins stated staff checked and the County?s Forestry District is not in a drought condition any longer. Commissioner Higgs stated under the existing Ordinance, the Chairman has the ability of repealing when the conditions are met; but if the Governor has not rescinded Order 98-165, the Chairman does not have the ability to act. She stated the Board will have to advertise the repeal. Mr. Knox stated that is true if the Board wants to repeal it before the 60-day expiration date, but in the meantime the Board can suspend enforcement so people can go back to selling fireworks. Commissioner Cook stated the Governor?s Order only applied to areas with indexes over 400, so his Order would not longer be applicable to Brevard County. Commissioner Higgs read from the County?s Ordinance regarding the Governor rescinding the Order; and she wants to be sure the Board acts lawfully. Chairman Voltz stated the Board can suspend enforcement; with Mr. Knox advising the Board can direct staff to not enforce it any longer

until it is formally repealed. Chairman Voltz inquired if that would be after it is advertised; with Mr. Knox responding affirmatively. Mr. Jenkins noted it will expire on August 27, 1998 anyway. Commissioner Cook suggested suspending enforcement until the Ordinance expires. Commissioner Higgs suggested advertising and repealing the Ordinance; and stated that will make it clear that the Board will take action on the Ordinance on a certain day. Chairman Voltz inquired if the people could sell fireworks either way; with Mr. Knox responding if the Board suspends enforcement, the people could sell fireworks. Chairman Voltz inquired if that would be the case if the Board suspended enforcement until the end of the 60-day period or if it advertises; with Mr. Knox responding yes, either way. Commissioner Higgs inquired if the Board could repeal the Ordinance under emergency action; with Mr. Knox responding the courts leave the discretion to the Board of County Commissioners as to what constitutes an emergency; but in his view, at this point there is probably not an emergency to repeal the Ordinance. Mr. Knox advised if the Board authorizes repeal of the Ordinance, staff can initiate the process tomorrow and have it back to the Board in two weeks.

Commissioner Cook stated he is happy to do it either way, but the Governor?s Executive Order said for indexes over 400; and that is no longer applicable to the County, so the County is no longer subject to that Executive Order. He stated there is a County Order; and if the Board finds it more comfortable to advertise, he is happy to do that. Commissioner Higgs stated she would be more comfortable advertising the repeal of the Ordinance under County procedures.

Motion by Commissioner Higgs, to direct staff to advertise repeal of Ordinance No. 98-35E and bring it back to the Board.

Chairman Voltz inquired about suspending the Ordinance so the vendors can sell; with Commissioner Higgs responding she is more comfortable moving forward in repealing the Ordinance so there is no chance for people to get involved in violations. Chairman Voltz stated she talked to the County Attorney on Friday who advised enforcement could be suspended; and she, Mr. Knox and the Fire Marshal could have done that. She stated Public Safety Director Jack Parker stated the Fire Marshal advises there would be no problem doing that; and she told the vendor who called that he could sell the fireworks over the week, and the Board would make it official today. Commissioner Higgs stated under the County?s law the Chairman does not have the ability to do that; with Chairman Voltz responding according to Mr. Knox, she did have that ability. Mr. Knox stated the issue is not who has the authority to do it; the issue is what happens if it is not done; and if it is not done, the people cannot sell their fireworks, and if they cannot sell their fireworks, they are going to be filing suits trying to collect their money. Commissioner Higgs stated that sounds like an emergency, and the Board repeal consistent with what the Chairman wants to do; and her argument is in regard to what the law says. She stated given the lack of the Governor rescinding the Order, the Chairman is not authorized under the Ordinance to repeal it; but it would seem to be an emergency if she was involved in one of those businesses. Mr. Knox stated that would be a good argument; and if the Board wants to declare an emergency for that reason, it probably could. Chairman Voltz stated there are a lot of businesses being impacted. Commissioner Cook suggested suspending enforcement and having a public hearing to repeal it. Mr. Knox stated it can be done that way, or if the Board prefers, it can declare an emergency. Chairman Voltz stated the Board

needs to do whatever it can to make sure the businesses can begin selling fireworks legally. Commissioner Cook stated he is leery of declaring an emergency over that; and it seems like it would be easier to suspend until there is a public hearing to repeal the Ordinance.

Commissioner O?Brien stated it is ludicrous that the Board can adopt an Emergency Ordinance that can take effect that day, but now it cannot be stopped today. Commissioner Higgs stated it can be stopped by declaring an emergency. Commissioner O?Brien recommended putting an end to it. Commissioner Higgs stated the Board can change the Ordinance with a vote of four.

Commissioner Cook stated he does not know why that is preferable over just suspending the enforcement until the Ordinance is repealed or until it expires on August 27, 1998. Commissioner O?Brien stated this is the epitome of bureaucracy. Commissioner Cook stated the Board should not declare an emergency unless there is one, and he does not see an emergency tonight, but the individuals should be allowed to go forward and sell their product because the emergency no longer exists. He stated the Board can declare an emergency to get rid of the Emergency Ordinance, but that seems a little much; and he would rather suspend enforcement until it expires.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to suspend enforcement until the Ordinance is repealed or expires.

Commissioner Higgs stated the emergency is no longer present; the drought conditions no longer exist; and suggested repealing the Ordinance.

Commissioner O?Brien suggested suspending enforcement and killing the Ordinance at one time.

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

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to repeal, by emergency action, Ordinance 98-35E in light of the absence of a continuing drought emergency.

Commissioner Scarborough stated the basis for the emergency is that the County is inflicting undue economic hardship on certain individuals and businesses. Commissioner Higgs agreed.

Commissioner Cook inquired if an emergency is anything the Board decides it is; and stated he thought it had to be health, safety and welfare. Mr. Knox stated it is left up to the Board?s discretion; and under these circumstances and basis, there are legitimate grounds for it.

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

Commissioner Scarborough inquired if there has been any discussion about the municipalities having a coordinated event for fireworks. Chairman Voltz stated the City of Palm Bay will do theirs on Labor Day.

Assistant County Attorney Kyle King stated an issue has been preserved for appeal; in criminal cases where a person is indigent, the Public Defender is appointed to represent them which comes out of the State budget and the Public Defender?s budget; and where the Public Defender has an ethical conflict of interest and cannot represent the individual, the court appoints a conflict attorney, which the County pays for. He stated there was a case in a first-degree murder case where the judge appointed a conflict attorney, but the Public Defender denied having a conflict of interest; and the County took the position that the court should allow the Public Defender to represent the individual. He stated the court relied on a Statute which allows the court, on its own motion, after examining the case, to declare a conflict on its own; the motion has been argued several times before the judge; the judge has issued an order appointing the private attorney, for which the County would be liable for payment; and inquired if the Board wants to appeal this to the Fifth District Court of Appeals.

Commissioner Cook stated the Board may not like it, but it is up to the judge to declare whether there is a conflict. Mr. King stated the judge relies heavily on the Statute which allows him to declare a conflict; he questions whether it was discretion taken too far; but in a first-degree murder case, it will be difficult for the appellate court to take away that discretion from the judge who is probably trying to avoid potential for re-trying of the case if it is reversed. Commissioner Cook stated even if the Board appeals, the chances of success are very small. Mr. King noted lack of support of other counties for the appeal; and advised it was feared that it would set bad precedent, and that the courts would declare it was within the court?s discretion, especially on a first-degree murder case.

Chairman Voltz inquired if it will be expensive; with Mr. King responding the individual case will be expensive because the attorney who was appointed was not one of the contracted capital attorneys, so instead of $80 an hour, it will be approximately $150 an hour. Chairman Voltz inquired if the case will be $1 million; with Mr. King responding no, but it could reach $80,000 to $90,000.

Commissioner Cook stated the judge has ordered the County to pay this; with Mr. King advising the attorney would be appointed at County expense.

Chairman Voltz inquired is this in the budget; with County Manager Tom Jenkins responding there are accounts to fund those costs.

Commissioner O?Brien inquired will this delay the trial; with Mr. King responding he is not delaying the trial because the defendant has an issue on appeal right now, so everything is currently delayed; and the issue of counsel needs to be resolved.

Commissioner Higgs inquired if the conflict attorney is currently representing the individual on appeal; with Mr. King responding the Public Defender originally represented; before the current private attorney was appointed, there was another private attorney who represented for a short period of time; that attorney was working on the appeal; and he does not know the status of the appeal. Commissioner Higgs inquired if the attorney is currently preparing for court; with Mr. King responding she is working with the defendant and preparing the case for trial. Commissioner Higgs inquired what period of time has she been serving; with Mr. King responding she was appointed two and one-half or three months ago. Commissioner Higgs stated the attorney has considerable time invested in preparing this case; with Mr. King responding she has already sent the County one bill. Commissioner Higgs inquired if the Board takes action, and the attorney is removed from the case, a new attorney would need several months to get prepared to go to trial. Mr. King responded it may delay the trial significantly. Commissioner Higgs stated this may not be the case to move forward on this issue. Mr. King stated that may be the case because the judge has the discretion by Statute, and it would be a difficult case to prevail on. He advised if the County won, the advantage would be it would not have to pay the bill for this individual case; but if it lost, the precedent could be harmful to the conflict contracts. He requested guidance to appeal or not. County Attorney Scott Knox stated there is a 30-day period to get the appeal filed which expires Friday.

Commissioner Cook inquired if the County Attorney recommends proceeding with this; with Mr. Knox responding under the circumstances, he does not think this is the case the Board will want to do this on because the attorney had two and one-half months to prepare, and there would be another two and one-half to three months with a new lawyer, even if the County wins. Commissioner Higgs stated the attorney has invested a lot of time getting ready; the person is on trial for a capital offense; and expressed concern about getting involved in the litigation. Commissioner Cook noted the judge wrote an 18-page order and feels very strongly about this. Mr. King advised the judge spent a considerable amount of time doing research. Commissioner Higgs stated if the Board does nothing, it will be dropped; with Mr. Knox responding if the Board does not move to appeal, it will not be filed.

Commissioner Scarborough stated he understands the Board may not want to question the judge about a capital case, but how did they end up with an attorney at twice the hourly rate rather than what the contract attorneys get. Mr. King advised there are regular and capital conflict attorneys; when the capital conflict attorneys are appointed, they are compensated by contract at $80 an hour for in-court work, $60 an hour for out-of-court work, up to a cap of $10,000, and then it is $80 and $40 an hour; and that has been a reasonable rate. He stated this judge has taken the position that he is not bound to appoint within the pool of contracted attorneys; and under the Statute he is not bound. He stated he requested the judge appoint within the pool in light of the County?s financial situation with Article V costs and because it is unfair to the attorneys who have submitted themselves to the lower rate; but the judge is not bound to appoint within the pool.

Commissioner Cook inquired has this happened before. Mr. King responded usually when there is a conflict of interest, the Public Defender is moving to withdraw from the case; and he has never seen a Public Defender deny having a conflict of interest, and the judge appoint a conflict attorney anyway. He stated the judge in question is the only one appointing outside the pool; and this is an isolated case. Commissioner O?Brien inquired who is the judge; with Mr. King responding Judge Moxley.

Commissioner Scarborough distributed a policy dealing with flag protocol; and stated directive 3 says the U.S. flag may be flown at half-staff by order of the Chairman of the Board in the event of death of local official, dignitary, etc. He stated there is some question whether the Board has that authority; Mr. Knox is looking into it; and he wanted the Board and the community to be aware of it.

Commissioner Higgs stated she is not familiar with all the issues; and requested the County Manager send a memo. County Manager Tom Jenkins stated once previously when the County flew the flag at half-mast for the policemen?s memorial day, there were inquiries from the VFW about what protocol allows for; there was a dispute; and the County was able to resolve that by finding a copy of the Proclamation signed by the President. He stated that was resolved by finding a copy of the Proclamation which was signed by the President, but there is some question; and Mr. Knox is going to come back to the Board to clarify.

Commissioner O?Brien stated he received a memorandum from County Attorney Scott Knox advising at 7:00 p.m. on Tuesday, July 28, 1998, the Board should proceed to Palm Bay; and inquired if it is necessary for the full Board to attend or can Mr. Knox proceed by himself or with Chairman Voltz. County Attorney Scott Knox stated the Statute reads that the governing bodies of the two governmental entities in the dispute need to get together. Commissioner O?Brien stated there are more than two as Melbourne and West Melbourne are involved; with Chairman Voltz advising they already had their meeting. Commissioner O?Brien inquired why Palm Bay cannot come to the Government Center; with Mr. Knox responding they could. Commissioner O?Brien stated the City started the problem, and should come to the County. Commissioner Higgs stated under the Statute, the City would conduct the hearing. Commissioner Scarborough stated it is as though the Board is being summoned to the City Council meeting. Commissioner Higgs noted the Board asked for it, and wants to work things out. Commissioner Scarborough commented on scheduling meetings at the convenience of both parties.

Chairman Voltz inquired if the County had 30 days. Mr. Knox clarified the City had 30 days from the time it received the notice to schedule a public hearing, but it does not have to be in Palm Bay.

Commissioner O?Brien stated the County is not the only entity suing them; and inquired why was there not just one meeting with all three parties. Mr. Knox responded it is because of the timing; the Cities of Melbourne and West Melbourne sent their notices out over a month ago; and they had to be scheduled in the 30-day time frame. Mr. Knox stated the County?s notice went out the day before the other meeting took place; and rather than postpone that meeting to accommodate a three-party meeting, they decided to have a second meeting with the Board of County Commissioners. Commissioner O?Brien inquired if the entire Board has to be there or could the Chairman appear on behalf of the Board; with Mr. Knox responding there has to be a quorum.

Commissioner Higgs advised of a similar meeting regarding Cocoa water rates; the Board attended that meeting; and it is the same type of meeting that is scheduled in Palm Bay as the Board intended to sue the City of Cocoa for charging rates over the 10% law.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to reappoint Eugene Terkoski to the Housing Finance Authority, with term of appointment to expire on December 31, 2002. Motion carried and ordered unanimously.

Commissioner Cook stated he received a memorandum from Human Resources Director Frank Abbate concerning costs for the Charter proposal; and inquired if the Charter Commission received a copy. County Attorney Scott Knox advised a copy went to the Charter Commission.

Chairman Voltz read aloud a resolution commending James Rudd for his second place finish in the 1998 Community Transportation Association of America?s National Paratransit Roadeo.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to adopt Resolution commending James Rudd for his second place finish in the 1998 Community Transportation Association of America?s National Paratransit Roadeo. Motion carried and ordered unanimously.

James Rudd thanked the Board for allowing staff to participate in the event each year; stated it is an honor to represent the County; and the drivers look forward to it each year. He noted the drivers are not allowed to go unless they have a good safety record; and that is an incentive to do a good job. He outlined the elements of the Roadeo.

Chairman Voltz presented the Resolution to Mr. Rudd.

Lt. Commander Jay McGrath stated he is the Commanding Officer of the Military Sealift Command Office in Port Canaveral.

Commissioner O?Brien read aloud a Resolution recognizing the Military Sealift Command Office for its assistance in procurement of federal surplus property, and establishing Military Sealift Command Appreciation Day as July 31, 1998, which was adopted on July 7, 1998. Commissioner O?Brien stated he was aboard the Vanguard many times, and misses her; and presented the Resolution to Lt. Commander Jay McGrath.

Lt. Commander Jay McGrath expressed thanks to the Board on behalf of the Department of Navy, Military Sealift Command, and the men and women who served on the Vanguard. He stated he was glad to see the equipment being used in the recent fires in the County; and he is glad to see the Vanguard?s name continue to live on.

Chairman Voltz read aloud the resolution commending Clearlake Middle School and Harbor City Elementary School art classes for their first and second place finish in the Juvenile Assessment Center Fundraising Dinner Table Centerpieces Competition.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to adopt Resolution commending Clearlake Middle School and Harbor City Elementary School art classes. Motion carried and ordered unanimously.

Chairman Voltz advised representatives of Harbor City Elementary were unable to attend this evening; and presented the Resolution to representatives of Clearlake Middle School. She stated each of the girls also received $5, and Harbor City Elementary will be receiving their Resolution.

Jim LaCoy stated this is the third year the team competed in the Great Race; the first year was the first time a high school group competed with a home-built car; and explained how the Great Race works, involving crossing the country in approximately 13 days. He stated they competed against approximately 80 automobiles; the newest car allowed this year was 1950, and the oldest in the race was a 1910 Seldon; and it is handicapped by age of the car. He stated his team drove a 1930 Model A speedster which was built by the students in class; this year a 1948 Chrysler coupe was donated by Cranford Carter which served as the second car; and they finished first and second. He advised of the amount of time and effort involved in getting the vehicles ready for the competition, and the community support. He stated the automotive program at Astronaut High School has been closed; but some of the students have made an arrangement with a local businessman, and will go next year driving a 1931 Model A Ford roadster pickup; and they will be working on that from now until next summer. He introduced those team members who were present, Zack Taylor, Brent Hall, Sonney Kyzer, Ben Smith, Jeremy Adams, Chad Nelson, and Steven Brown.

Commissioner Scarborough read aloud the resolution congratulating the winning crew members of the 1998 Student Division of the History Channel Great Race.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution congratulating and applauding the winning crew members of the 1998 Student Division of the History Channel Great Race and extending admiration to the individual team members for their outstanding fortitude and conviction. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to the team.

Commissioner Higgs stated David Gray, Jr., Gaelen Dunham and Nathan Singleton are unable to be present this evening.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolutions commending David L. Gray, Jr., Gaelen M. Dunham, and Nathan B. Singleton for achieving the Eagle Scout Award. Motion carried and ordered unanimously.

Brooke Lawhon explained how she saved her sister from drowning.

Commissioner Scarborough read aloud a resolution recognizing Brooke Noelle Lawhon for her quick thinking and acting to save her sister?s life.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution commending Brooke Noelle Lawhon for her quick thinking and acting to save her sister?s life. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Miss Lawhon.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve a Budget Change Request to move $109,000 from Fund 1810-TDC Beach Improvement Other Reserves to Other Contracted Services, and authorize funding project with Canaveral Port Authority to develop and permit Borrow Area II. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Modified Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund to waive $690 per year for the Mathers Bridge Restaurant (Vaszary) property. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve the Bills as submitted. Motion carried and ordered unanimously.

DISCUSSION, RE: REGULATIONS RELATING TO FENCES

Commissioner Cook stated there was an issue concerning where fences are measured; the Code states certain heights for fences in commercial, residential or industrial areas; and some instances have come up where there have been disputes. He stated this is the case when a property is filled, and it is not to the grade of the adjoining property; and then when the fence is put on top of that, it creates an eight-foot fence instead of six feet. He stated staff has come back with options for a uniform method of measuring so there would be no dispute on what constitutes a fence of a certain height. He stated the other item was orientation of a fence; and there is currently no Code addressing that.

Commissioner O?Brien stated for someone to build a fence with the good side facing their property is twice of an insult; a lot of people do not like fences; if the unfinished side faces the adjoining property, it gives the neighbor a horrible view; and all fences should be oriented so the good side faces adjoining property. Commissioner Cook concurred; and stated he assumed that was in the Code. Commissioner O?Brien stated the fence height should be addressed to bring it down to the surveyed level of the property plus six feet. Commissioner Cook inquired if Commissioner O?Brien means the finished grade at the property line. Zoning Official Rick Enos stated currently it states "the average finished grade" but it does not take into account when the neighbor?s property is at a lower grade; and suggested it could be written that it is the average of both grades or stated it so that it is the finished grade prior to raising it which would eliminate the ability to raise the grade for the purpose of increasing the height of the fence. Mr. Enos stated currently the Code prohibits berming up in order to put a fence on top of it, but does not say the entire property cannot be filled all the way to the house to get the fence up.

County Manager Tom Jenkins stated the City of Melbourne has used another measuring stick such as the street or the sidewalk so the neighborhood would be consistent.

Commissioner Cook stated at times the sidewalks and street are higher than the grade of the property, and that would be a problem. Commissioner Scarborough stated sometime the property

slopes. Commissioner O?Brien suggested using the crown of the road. Commissioner Cook stated the house may be built to that, but the property lines may be lower. Commissioner Higgs stated the crown of the road will not work; and suggested advertising in such a manner that there could be a couple of options to consider.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to develop and advertise an ordinance amending the fence regulations to adopt a different method of measurement for fences and requiring the finished side of all fences to be oriented toward adjoining properties. Motion carried and ordered unanimously.

Commissioner Scarborough inquired why fence permits are needed; and stated if there is a problem, the neighbor will call.

Chairman Voltz stated every place she ever lived had a fence permit; Palm Bay and Melbourne have them; and they prevent people from putting up weird fences, and cost approximately $10. Commissioner Higgs stated it can keep people from making costly mistakes. Commissioner Scarborough stated even if there is a permit fee, people will not know that. Chairman Voltz stated they will find out when they go to refinance or have a survey of the property. Commissioner Cook stated the County has so many permits; individuals need a permit to put up a metal shed, although most do not know it; and he did not look upon this as a revenue generator. Chairman Voltz stated people know they need permits for the sheds; and the permit should not be looked at as a revenue generator, but a way to control what is going on. She stated she was shocked to find that the County does not have a fence permit. Commissioner Cook stated the County has a Code that addresses fences. Chairman Voltz inquired when people come in to get those Codes; with Commissioner Cook responding if someone puts up a fence that is not correct, they have a Code violation. Chairman Voltz stated they find out too late; with Commissioner Cook inquiring how often does that happen.

Commissioner O?Brien stated he cannot support a permit just to build a fence on someone?s own property; and if a person makes mistakes in putting up the fence, that is his problem, not the government?s problem; the government has its finger in everybody?s pie, and it is time to stop it. He compared the situation to purchasing cookware and blaming it for burning dinner. He stated a permit is government trying to be a nanny; some fences may be built incorrectly, but it is probably 1 in 1,000; and he does not want to make 999 people pay a $10 permit fee just because one person made a mistake.

Commissioner Cook stated if a contractor does the fence, he would pass that fee on to the owner; and he does not see it as being a problem.

Chairman Voltz stated the Brevard Workforce Development Board will receive $200,000; and inquired if the funds are not used, do they go back. Housing and Human Services Director Bernice

Jackson responded if the funds are not used, the Brevard Workforce Development Board has the option of trying to contract with some other entity. Chairman Voltz inquired if there is a time line; with Ms. Jackson responding the expenditures are authorized through March 31, 1999, and they will be able to place a number of workers so the money can be spent. Chairman Voltz inquired if there is a list of people in need of jobs related to the fire; with Ms. Jackson responding no. Ms. Jackson advised the screening will be done by the Brevard Workforce Development Board, and those persons will be sent to the County; and the Departments will interview and determine the suitability of the individuals for jobs the County has available. Chairman Voltz stressed the need for accountability for the money. Ms. Jackson stated staff will provide reports to manage the grant.

Commissioner O?Brien stated he would not want to see this turn into a general "put people to work fund"; this is specifically oriented toward people who have lost jobs due to the fire; and commented on the clamming industry and displaced net fishermen. He recommended a specific percentage, such as 70% of those accepted for employment must be out of work because of the fire. Chairman Voltz stated they all should be; that is why the County is getting the money. Commissioner Higgs stated there are two purposes for the money; the first is for people who are impacted because they lost their jobs; but it is also to provide needed services to the area impacted by the fire. She stated in some cases an individual might be working to help the people who are impacted by the fire. Commissioner O?Brien advised the agreement says "other long term unemployed persons who also meet the eligibility requirements, may also be assisted by the grant"; and that means other long-term unemployed people will get jobs. Commissioner Higgs stated the temporary jobs covered by the agreement must support services to public facilities and infrastructure, and may be related to clean-up, repair, restoration, reconstruction of public or private non-profit property, provision of temporary public services or humanitarian assistance necessitated by the fires. Commissioner O?Brien stated it says the Brevard Workforce Development Board received $200,000 in Title III JTPA funds from the U.S. Department of Labor to assist workers who have experienced job loss or the inability to work as a result of the disruption of business activity related to the fires which is what it is all about; but the other sentence sneaks in other long-term unemployed persons. He stated he does not want to see 90% of the people employed having nothing to do with the fire, but just brought in to work for the County under a grant; and the need is for those people who have lost their jobs to help take down burned structures and help those who have lost their homes.

Commissioner Cook inquired about the eligibility requirements; with Ms. Jackson responding it refers to the Dislocated Worker Program; and explained the provisions of the Program.

Chris Stagman, Brevard Workforce Development Board, stated the main scope of the grant funds is to go to people who have been affected by the fires; however, if it is not possible to find people to fill those spots, people who receive unemployment will be brought in. He stated an ad will run in the newspaper; people can come in; they will be deemed eligible under Title III; and they will find areas for them to go throughout the County. He stated Emergency Management is providing the list of what jobs are needed; and the County will employ the people, and will set the rate.

Commissioner O?Brien stated the grant is for $200,000; the County can hire 16 people at the $12,000 maximum; and if it cannot find 16 that were dislocated because of the fire, there is a serious problem. Commissioner O?Brien stated the sentence referring to other long-term unemployed people should not be involved. Mr. Stagman stated they got $100,000 initially; he has to write a grant for the additional $100,000; and they can request more if there is a need. He stated at this time, they do not know how many people were affected and will come forward.

Chairman Voltz inquired if nothing has been done to identify those people; with Mr. Stagman advising Emergency Management is doing that.

Commissioner O?Brien inquired if the Unemployment Office is involved; with Mr. Stagman responding no, because this falls under Title III. Commissioner O?Brien stated the Unemployment Office should be helping find those people who have not only lost everything they own, but their jobs as well; and that office should interact with Mr. Stagman or Mr. Lay. He stated it is not Mr. Lay?s job to go out and find people who need a job; but there are other State and federal services for whom that is their job.

Commissioner Higgs stated the grant is a two-way street; it allows employment of people who have lost their jobs due to the fire, and it allows use of a dislocated worker to provide services to assist people who are affected or damaged County infrastructure or facilities. Commissioner O?Brien stated he agrees to a certain extent; and he does not want the funds used for the long-term unemployed person more than for the person who has lost their job due to the fire. He stated America is spending an inordinate amount of time moving people from welfare to work; but he does not think it is moving them from welfare to working for the government. Commissioner Higgs stated they are Title III workers; that is someone who recently lost employment; and they are receiving unemployment assistance at this time. She stated they are not on other kinds of public assistance; they are on unemployment so they have recently lost their job and have no reasonable expectation that they will go back to it; and it is a different category of job training. Commissioner O?Brien stated it says "other long-term unemployed persons." Commissioner Higgs advised the Title III worker is someone who is on unemployment, but not receiving public assistance. Mr. Stagman stated a dislocated worker is someone who has been laid off and is receiving unemployment at this time; and that is who will be deemed eligible. He stated it is up to the County whether it hires or not; those people will have their unemployment put on hold, and cannot get it twice; and he does not believe it will be people who have been on unemployment for months and months. He stated the main scope is to help the people who have been affected by the fires; there is a good possibility that the people who were affected by the fire may not come forward; they may not want help; and if that occurs, the question is what to do with the money. He stated the County still needs work to be done; and Emergency Management is determining what the County needs. Commissioner O?Brien stated he is certain if staff posts a sign at the gas station in Mims which says "if you lost your job because of this fire, please call a certain number", the phone will ring more than 16 times. He recommended someone from Mr. Stagman?s office coordinate with the Emergency Management Office to put up a sign.

Commissioner Cook inquired if the County would become liable for the unemployment after the six months they are employed by the County; with Mr. Stagman responding no. Mr. Stagman advised in the contract it states the County is liable for the actual workers compensation, but not unemployment. Commissioner Cook inquired if this would be temporary for up to six months; with

Mr. Stagman responding the program ends on March 31, 1999; and it is either $12,000 to a single person or 1,040 work hours; and when they hit that point, the employee is terminated.

Commissioner Scarborough stated the information about the damage has been available; it is clear there were employees at the Dairy Queen at 5A; and it is surprising the Board does not already know who the individuals are. He stated a displaced person may leave the area to go visit family; and the County needs to do some investigation to find out where people are. Chairman Voltz inquired if that is what Mr. Lay is doing; with Commissioner Scarborough advising the Board should get that information as part of some of the reports. He noted some people have already bought new homes; they are moving on with their lives; but others may not have the financial resources to do so. He stated the Board needs detailed information on who has been impacted, but has not come forward so they can be sought out.

Commissioner Cook stated Commissioner O?Brien?s main objection is including the long-term unemployed when his desire is to address only those affected by the fire; and inquired if the program can be set up that way. Mr. Stagman advised it would not be a problem; the scope of work is to try to help the people affected; and if they can implement a plan to go after those people, he is all for it. He stated he does not think the Workforce Development Board would have a problem with it; however, there could be a problem in that some of the people who were directly or indirectly affected by the fires may not be eligible under Title III. He stated they can bring the people in, but then find out they are not eligible. Chairman Voltz suggested they could come back to the Board in that case. Commissioner Higgs stated the advantage of having the people perform the work may be lost if it is narrowed to only the one group of people. Commissioner Scarborough stated his concern is the Board needs to know certain things are going to happen; it will take some work to find the individuals; but if the Board is satisfied and has used other people to rehabilitate the area, it would be helpful; and the County should not turn down the funds if they can be used for County facilities that have been affected.

Chairman Voltz stated some of the people who have been displaced may not be able to do the type of work that is needed; and inquired how that will be addressed. Commissioner O?Brien advised lower skilled jobs are plentiful; engineers are being laid off at Harris, and hopefully will find new employment rapidly; and there are probably a lot of unfilled jobs in the industrial scene. He stated his factory needs people, but they are not showing up. Commissioner Cook stated the Workforce Development Board received $200,000 in Title III funds from the Department of Labor to assist workers who have experienced job loss or the inability to work as a result of the disruption of business activity related to the fires; he is hearing there are enough individuals that dropping the other part would not be a problem; and inquired if Mr. Stagman is fearful he will not be able to have enough people to fulfill it. Mr. Stagman responded he is not sure how many people were affected by the fire; there are no statistics that tell what their incomes or assets were; and someone who was affected may not want to be a truck driver making $7 an hour because they had been working at a higher salary. He stated that is why they need two pools of people to be considered to repair the County; and he does not think they can focus on just one area. Chairman Voltz stated the goal is to try to get the people employed, but also to clean up the burned out area. Mr. Stagman stated it would be whatever areas are affected; and it could be someone?s home, a park, the side of the road,

etc. Commissioner Scarborough stated the priority will be to those people impacted by the fire; then it says other long-term unemployed who also meet the eligibility requirements may also be assisted by the grant, and temporary jobs must support services to public facilities and infrastructure; and inquired if that can be anywhere or does it have to be related to the fire. Mr. Stagman advised it would have to be facilities and infrastructure related to the fires. Commissioner Scarborough recommended adding that verbiage; and stated somehow the grant should be tied to the fire. Commissioner O?Brien stated the personnel that the County will hire under the grant program should have fire-related job loss, only work on fire-related projects, and be aware that in six months, the job is over. Commissioner Scarborough recommended not making it just people affected by the fire because if there are not enough affected people, they can use other long-term unemployed people to assist the County in bringing facilities back to the fire impacted areas. Commissioner O?Brien stated he is certain there is sufficient work for the County to hire 16 people under this grant. Commissioner Scarborough stated the question is whether the person has to be impacted jobwise

by the fire; and his problem is most of the impact was on residential. He advised of the situation with North Brevard Auto Salvage; stated the burned vehicles were not a lost asset; the fire may not have adversely affected the business; and they are doing business right now. He stated at the Dairy Queen there are unemployed people; but there are people hiring at fast food restaurants; and the County has $200,000 and very few people to give the money to. He suggested using the $200,000 to bring in people from the long-term unemployed to help with the infrastructure problems so the County can get what it is entitled to from the federal government. Commissioner O?Brien stated he does not like the idea of taking the unemployed who are not fire related and making them County employees; welfare to work does not mean going from welfare to work for the government; and commented on throwing federal money at a problem. Commissioner Scarborough stated the Board can spend General Revenue funds while the people in Volusia and Flagler Counties use federal funds, and that will force the Board to increase the millage rate, while Volusia and Flagler keep theirs lower.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute the Agreement with Brevard Workforce Development Board to fund temporary County jobs to benefit dislocated workers and provide needed services to the North Brevard Wildfire Areas.

Commissioner Higgs stated the company in which she has financial interest does work for the Workforce Development Board, but has no involvement financially in this contract; and inquired if she can declare a conflict. County Attorney Scott Knox stated Commissioner Higgs cannot declare a conflict which would cause her not to vote; the law requires a Commissioner to vote unless there is a financial conflict; and Commissioner Higgs does not have a financial conflict. She stated Title III deals with dislocated workers only; this is Title III money; and dislocated workers are defined specifically in law as people who have lost their jobs and are unemployed. She stated under Title III the people who are eligible for the funds are not long term as in a welfare to work person; they are people who have lost their jobs, and have no reasonable expectation of getting them back; and it is only a temporary program. She stated they do not get full employment, but they no longer receive compensation under the Unemployment Act. She stated the funds are used productively; it does

not draw out of the unemployment pool any more; and the County has the advantage of using people who are eligible to work under the program.

Commissioner Cook stated the $200,000 was received specifically to address workers who experienced job loss or the inability to work as a result of the disruption of their business activity related to the fires; and if it is opened up to others, it goes beyond the scope. He stated the grant should be used specifically for the intent; and if the County cannot find anyone who has experienced job loss as a result of the fire, that is another question. He stated the money was sent to assist the County, to help clean up and do those type of things; and inquired if there are no individuals who would be eligible under the criteria. Mr. Stagman responded he is not sure; and explained the problem in finding people who have been affected who will be willing to do the work. Commissioner Cook stated the federal government is sending money, so the County will figure out a way to spend it; and if the County did not get this money, the work would go forward. He stated he agrees with the concept, and wants the money to be used in the County; but he is trying to figure out a way to do it that is philosophically in line.

Commissioner O?Brien stated he has changed his mind in two areas; all of the other counties are going to use the federal money; and the County does not want to use its General Funds to do the work just based upon principle. He stated there are people who are unemployed; this is a method whereby people will work for their check; and that is the essence of what the American public wants. He stated he still believes this should be for fire victims and those displaced only, but if there is a problem finding anyone, the issue can come back to the Board. He stated this is not an open box for every unemployed person to work for the County.

Commissioner Cook inquired if it is an option to first make the effort to find individuals, and if not, the Board will discuss it again.

Commissioner Scarborough withdrew the motion.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize staff to move forward to identify those people who have been affected by the fires, and if that cannot be accomplished and excess funds are available, to return to the Board to consider other options. Motion carried and ordered unanimously.

The meeting recessed at 7:13 p.m. and reconvened at 7:23 p.m.

Ann Blackburn stated approximately 30 years ago when the City of Melbourne considered having fluoride in the water, she supported what the FMA or AMA said; she stated she has looked into the issue over the past ten years; and she finds no evidence that shows that fluoride helps in dental caries. She stated fluoride put directly on children?s teeth will help in cutting down dental caries, but

putting it in water is dangerous and causes osteoporosis, cancer, and genetic anomalies. She stated there is evidence that fluoride is harmful to people?s health; and requested the Board study the case. She noted she has a thick file with information; and advised of a $100,000 reward to anyone showing that certain statements are untrue. She stated it says fluoride is more poisonous than lead and only slightly less poisonous than arsenic; and inquired if the Board wants that in the water. She stated according to the Physician?s Desk Reference, in hypersensitive individuals fluoride occasionally causes skin eruptions, gastric distress, headache, and weakness. She stated the Canadian Dental Association recommends fluoride supplements should not be recommended for children less than three years old. She advised of articles in the Journal of the American Medical Association and New England Journal of medicine linking hip fracture rates to fluoride in water; and stated a study by Proctor and Gamble showed that as little as half the amount of fluoride used in fluoridated public water supplies resulted in a sizable and significant increase in genetic damage. She requested the Board investigate the issue, and go slowly; and stated once the County puts the fluoride in the water, it is hard to take it out. She stated she does not see any evidence that it is helpful, but there have been many studies that show there is a lot of harm caused by fluoridated water. She stated when the City of Palm Bay wanted to put fluoride in its water, Mel Broom suggested buying tablets for people to put the fluoride in their own water; and that is the way to go because some people are allergic to fluoride. She noted two people with the FDA did extensive research on fluoride; they did it to show how good fluoride was; but the results were bad. She stated their report blew the whistle on fluoride, and they were fired. She stated there is a lot of controversy; and she would be happy to provide more information.

Chairman Voltz stated Proctor and Gamble who make Crest acknowledges that a family size tube of fluoride toothpaste theoretically contains enough fluoride to kill a small child; there is tons of information; and she does not use fluoride toothpaste, and has not in years. She stated there was fluoride in the water in Pittsburgh, and her teeth were pretty bad; so she and her family do not use fluoride toothpaste. She stated she would never support putting fluoride in the water because there is too much information that would cause the Board to err on the side of caution. She stated fluoride treatments at the dentist office use 5,000 to 20,000 parts per million fluoride, which is hazardous, even deadly; and advised of a 1979 newspaper article where a child?s family was awarded $750,000 due to her death from a fluoride treatment. She stated fluoride toothpaste has 1,000 to 1,500 parts per million; fluoride can cause gum damage, sickness or even death if a small child consumes a family size tube; and fluoride mouth rinses contain 500 parts per million. She stated the biggest thing is osteoporosis; there are a lot of elderly people in the County; and fluoride pulls calcium from the bones which causes osteoporosis.

Commissioner Cook stated he does not know a lot about fluoridation and just received information. He inquired are the people in North Brevard asking for this. Commissioner Higgs stated she generated the question about whether the County fluoridated the water in Mims because of discussion about the high number of dental problems of children in Mims. She stated the American Medical Association, the Canadian Dental Association, the American Dental Association, the Canadian Medical Association, the Health League of Canada, and the American Waterworks Association all support the practice of fluoridation; and there are many facts provided on the ADA Internet website. She stated fluoridation is viewed as one of four most effective health measures available, along with pasteurization, water purification, and immunization; it is viewed as an important part of the community?s effort to provide public health; and the statistics are cited. She stated there are a number of studies that are not consistent with what Commissioner Voltz and others believe to be the case. She stated the American Dental Society answers each of the charges being brought out; and suggested moving forward to let the people on the water system indicate whether or not they would like it. She advised of numerous studies showing a 50% to 70% reduction in dental cavities over a period of time, especially in children; and the Center for Disease Control provided information on osteoporosis which advises of eight studies, four show no difference, two showed increased bone mass, and two showed between 1.08 to 1.4 higher rate of fractures. She advised of a 1996 study which indicated in water with four times the recommended fluoridation, there was some loss of bone mass, but other studies show no risk for osteoporosis related illnesses. She stated the preponderance of evidence refutes what is being said against fluoridated water; and the Board owes it to the people who are on the system to have a choice. She advised of the Internet access for the studies; and the item only asks for the people to be given the chance to look at the issue.

Chairman Voltz stated the same people who support fluoride still put mercury, which is a poison, in mouths, and people are dying from those things. She stated there is enough evidence to refute all of the opposing information; and every recent large scale study shows that fluoridation does not reduce decay in permanent teeth. She stated a 1990 study examining the dental records of 39,207 school age children ages 5 to 17 from 84 geographical areas around the United States showed the number of decayed, missing and filled permanent teeth per child was 2.0 in fluoridated areas, 2.0 in non-fluoridated areas, and 2.2 in partially fluoridated areas. She advised of studies done in New Zealand which showed no difference in tooth decay between fluoridated and non-fluoridated areas. She stated there is too much evidence showing there is a problem.

Commissioner Scarborough stated a lot of people watch the Board on television; and it is important to note that while the County is involved in a number of sewer systems, it has only one water system. Water Resources Director Dick Martens stated the service area for the North Brevard Water System is along the SR 46 corridor and the US 1 corridor in Mims, from Lionel Road on the north to approximately Dairy Road on the south. Commissioner Scarborough inquired would that include the Sherwood area and most of Mims; with Mr. Martens responding it would include Sherwood and Mims, and would be approximately 2,200 residential customers and 200 customers in apartment units. Commissioner Scarborough stated if the County proceeds it needs to keep the affected area in mind; Palm Bay opted not to put fluoride in, and Melbourne did; and this should not be a Countywide discussion, but a discussion for the users. He stated he sat through the discussion in Titusville a number of years ago; a lot of people feel strongly; and they bring forward a lot of data. He stated if the Board wants to proceed, it should keep in mind that discussion needs to be in a manner that is available for the people to hear; and suggested using the BCC auditorium. He stated it is important for people who are directly affected to be part of the process and not be removed from it due to distance; the hearings may have to be separately conducted up there; and he does not know whether the Board prefers to meet with the people or have staff meet with them first. Commissioner Cook stated he just wanted to know if the people generated the question. Commissioner Scarborough stated he has not received any calls on the issue, but it may be because

the people have not heard about it yet. Commissioner Cook stated initially Commissioner Scarborough could make inquiries and hold meetings. Commissioner Scarborough stated there are several ways to proceed; one is to set up a meeting with the whole Board; and another is for Mr. Martens to do a survey. Chairman Voltz stated another option is to do nothing. Commissioner Scarborough stated it will be the comments from the particular community that will be relevant; during the testimony in Titusville, one of the persuasive arguments against it was the number of European countries with scientific data which decided not to fluoridate; and people will come in with different opinions. He noted Titusville voted for fluoridation, and he voted in favor of it, after months of extensive discussion on the issue.

Chairman Voltz stated she has a book on fluoride; there is a picture of sodium fluoride insecticide with a skull and crossbones with the text "Flouridate your water with confidence." She stated it is a byproduct from aluminum; the body cannot get rid of this product; and she will never support fluoridation.

Commissioner O?Brien suggested sending two notices for two months to the customers; one would be sent now to advise when discussion of the water system would take place, and the other would be sent out one month before the discussion; and at the meeting the people would be given a questionnaire to decide. Chairman Voltz stated the people need to know both sides of the issue; the American Dental Association does push fluoride, but it also pushes getting mercury fillings in your mouth which is poison; and she just spent tons of money having her fillings removed. Commissioner Cook suggested sending out a survey card to determine citizen interest, and then later have a public hearing. Commissioner Scarborough stated as soon as this comes out, there will be people who will put information out; people who are interested will come to the meeting to hear both sides; and then the people could be polled. He stated the Board cannot assume the people know all the pros and cons because there is an immense amount of data that will come out on both sides. Chairman Voltz emphasized the need to look at both sides. Commissioner Higgs stated there are 113 studies from 23 countries listed on the Internet concerning the value of fluoridation in preventing cavities in children; the Royal College of Physicians in London concluded there is no evidence of any harmful effects of fluoridation; fluoride ranks 17th in abundance among the earth?s elements; it is part of the food supply; and she wants the people in Mims to have an opportunity to vote on fluoridation. She noted Melbourne, Cocoa and Titusville fluoridate their water; and Palm Bay does not because its supply has a natural occurring level of fluoride which is close to the American Dental Association?s recommended level. She recommended the people be given a forum to ask questions of experts and hear presentations on both sides, and be given a mail-out ballot as part of their bill so they get to choose. Chairman Voltz agreed as long as they know all of the facts on both sides. Commissioner Higgs stated it is the people?s responsibility to get the facts. Commissioner O?Brien stated if everything that was said tonight was true, there would be dead bodies in the streets, half the nation would be buried, and the nation would be in chaos. Chairman Voltz stated it is a long-term effect, not immediate; and no one knows why a lot of people have health problems. Commissioner O?Brien advised his mother drank fluoridated water for 30 years and finally passed away at 85 years old.

Commissioner Cook recommended having public meetings with staff, and sending out a survey. Commissioner Scarborough stated that puts staff in a bad position because there are pros and cons; and suggested having a methodology to have a pro and con debate. He stated it should be held in Mims, and there should be knowledgeable people on both sides; and requested staff come back and propose a forum, giving notice for two months, with the Board selecting who would be good on both sides. He requested anyone having an interest in sharing information to contact the County Manager so the Board will have a pool of people from which to select. Commissioner Higgs stated that is reasonable; with Chairman Voltz advising she does not want to do it at all. Commissioner Scarborough stated if people want to talk about it, that is what the Board is here for. Chairman Voltz stated if the people wanted to talk about it, they would have contacted Commissioner Scarborough. Commissioner Scarborough stated if no one attends the public hearing, then the Board will know. Commissioner Higgs stated if people do not want to come to the forum, they do not have to; and they should be able to vote whether they are educated through the forum, through some other means, or not educated at all. Commissioner Scarborough stated before the people vote, they need opportunity for discussion.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to have staff report back to the Board about how to proceed with the intent to provide education concerning fluoridation.

Commissioner Cook stated the only area being discussed is Mims.

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

Commissioner Higgs stated the option that is best for Brevard County is to request a single new area code, including that area served by area code 561, rather than being split into various area codes. Chairman Voltz advised it will be a disaster if neighbors have different area codes.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Option 2, requesting a single new area code for the entire County including the area served by area code 561.

Commissioner Scarborough inquired if there would be toll free County dialing; with Judy Spencer, representing BellSouth, responding probably. Ms. Spencer advised there is no guarantee on how long that area code would last; and in two or three years, the County would have to go to another area code.

Chairman Voltz stated area code 407 also encompasses Orange, Osceola, and Seminole Counties;

part of Brevard County has a different area code; and inquired if a new area code is being considered for the County. Commissioner Higgs stated her preference would be to get area code 407, but she wants to see one area code for the County. Chairman Voltz advised she will be attending the August 6, 1998 meeting to represent the Board?s position.

County Manager Tom Jenkins inquired if the County got a new area code, would it only be good for a couple of years; with Ms. Spencer responding she cannot guess how long it would last. Mr. Jenkins stated he was told that if the County went to area code 561, it would be good to 2009. Ms. Spencer stated she has not seen the data; but if the County goes to a geographic split, there is no guarantee on how long it will last. Chairman Voltz stated if there are no more towers, there cannot be any more cellular phones or pagers, and that solves the problem. Ms. Spencer stated if the County goes to a new area code, all the cellular phones will have to be reprogrammed, but with the overlay, only new service gets the area code, and it can go on forever. Mr. Jenkins stated the PSC estimates 7 to 10 years, if the County goes to a new area code. Ms. Spencer suggested the motion include a preference to keep 407. Commissioner Higgs stated her preference would be for one area code for the County, preferably 407; and she will make that part of the motion.

Discussion ensued on problems created by neighbors having different area codes, one area code for the County, and toll free dialing.

Commissioner Higgs stated the motion includes preference for area code 407.

Chairman Voltz called for a vote on the motion to approve Option 2, requesting a single new area code for the entire County including the area served by area code 561, with preference to have area code 407. Motion carried and ordered unanimously.

Samuel Lopez, President of United Third Bridge, Inc., stated the issue is the Salsa Festival, Octoberfest, and Jumbalaya Jam; and described the character of each. He stated there is a 30-year Contract between Brevard Community College and the County; and the other Contract is with Jumbalaya Jam which pays for the use of the park and services, and gives a portion of the proceeds to the County to fix the park. He stated they held the Salsa Festival last year; and described deficiencies within the park. He expressed concern about Octoberfest and Jumbalaya Jam having a monopoly; and advised of his request to the Wickham Park Advisory Board to see if the Salsa Festival could include a carnival. He noted the Salsa Festival works in conjunction with the Puerto Rican Day Parade; and stated they need additional revenue to pay for scholarships. He stated the Advisory Board made a determination of what constituted a carnival; they only want three major rides; they have been doing the Salsa Festival for three years; and they want to get the Hispanic community involved. He advised of Hispanic festivals in Orlando; and reiterated in Brevard County Octoberfest and Jumbalaya Jam control the park, although his tax dollars go to the park. He inquired who are the people who sit on the boards of Octoberfest and Jumbalaya Jam, do they interact with each other, and where does the money go because it does not go into the community. He requested

the Board waive the number of carnivals to allow the Salsa Festival to have a carnival. He stated

recently there was a circus at the park which 10,000 people attended; and advised of destruction of the property. He stated the Advisory Board said they could have a circus, but all they want are three rides.

Olie Olsen, member of Wickham Park Advisory Board, stated in 1990, the County decided to build a pavilion, and allowed the managers of Wickham Park to decide what type of affairs to have there; and they decided to allow carnivals. He stated in August, 1994, management advised of problems with carnivals, and requested the number of carnivals be reduced. He stated the Advisory Board reduced the number of carnivals; Octoberfest had a Contract; and Jumbalaya Jam, which was the other major carnival, provided money to the park. He stated he is surprised Mr. Lopez is saying bad things about the park, and does not know why he wants to come to the park if it is that way today; it has been improved; if the Board allows Mr. Lopez to bring his organization in, it will have opened the door to Pandora?s box; and requested the Board listen to its managers.

Richard Butler, Chairman of the Wickham Park Advisory Board, stated the group has been together for 7 years; and advised of the needs of the citizens and various previous proposals to change the use of the park. He stated except for a couple of parcels, the out parcels on Wickham Road have been purchased so there will be no development on the edge of Wickham Park; advised of passive recreation and conversion of the gun range to soccer fields; and requested the Board not allow another carnival. He stated at the Advisory Board meeting Mr. Lopez was asked how many rides he wanted, and he could not answer; and when the Advisory Board suggested three children?s carnival rides, Mr. Lopez was not satisfied.

Gino Guadagno, member of United Third Bridge, Inc., stated the organization creates opportunities for all people through education and vocational training; and the purpose of the Festival is education. He stated the group is trying to fund scholarships to enable the public to become better educated and better trained so ultimately jobs come to the County, and the tax revenues are increased. He stated it would be a travesty if the County gets involved in the politics of how many rides should be allowed; and as the idea is to better the community, Mr. Lopez? request should be honored.

Terry Lopez stated she supports any organization which wants to use the Pavilion for fundraising by having a carnival or rides to generate funds for scholarships or any other community services; and she does not stand behind the current status that only two organizations are allowed to use the park to generate funds. She stated if the Friends of Wickham Park are concerned about maintenance of the grounds, an investigation should be done; options should be discussed to resolve the problem; and not allowing groups to use the park for community efforts is not the answer.

Carmen Lopez, member of United Third Bridge, Inc., stated she supports Mr. Lopez, and agrees with everything that has been said. She stated Octoberfest has a 30-year Contract with BCC, and Jumbalaya Jam has to pay to clean the grounds after the activity; and she is concerned because this is a public park which every taxpayer should have the right to use. She stated Octoberfest is a 15-day activity with a circus, elephants, and horses; and they are only asking for Salsa Festival for two days with three rides. She stated the monies that are raised will go toward education.

Tom Wasdin, representing the Brevard Community College Foundation, stated the land that Wickham Park is on is owned by the College; when it was leased to the County part of the Agreement was that they could continue to have the Octoberfest; and that is the reason for the long-term Contract.

Robin Turner, Manager of Octoberfest, stated Octoberfest is a four-day event, and has no circus or animals. He explained the problems in the park which resulted in the Advisory Board limiting the use to two carnivals a year.

Robert Carroll, Secretary of Kiwanis Club of Melbourne, stated he arranged to remove all of the trash after the circus; he watched how it was cleaned; and there was no shoddy workmanship. He advised of Kiwanis Club scholarships; and stated everything they earn from the circus goes back into the community, not to any single group.

Commissioner Cook stated there has to be a limit to the number of organizations using the park because the park cannot sustain large carnivals day in and day out; there are also traffic considerations; and prior to 1994 there were citizen complaints about the number of carnivals. He stated those are legitimate concerns which need to be investigated; but Mr. Lopez raises good points. He stated the Board has no control over BCC which leased the County the property; and part of the requirement was the Lease to the Foundation. He inquired if Jumbalaya Jam has an ongoing contract; with Parks and Recreation Director Charles Nelson responding the Contract is with Brevard County. Mr. Nelson advised the County is the beneficiary of the proceeds from that event; last year it was approximately $6,000; and it goes back into improvements at the park. Commissioner Cook stated the Wickham Park Advisory Board and the South Area Parks and Recreation Advisory Board have adopted a policy that only allows the two events; and requested this be sent back to the Advisory Boards to consider quarterly events at 90-day intervals to allow the grounds to recover.

Commissioner O?Brien stated it should go back to the Advisory Board; and suggested if it is going to allow four carnivals per year, they should be determined, with the exception of Octoberfest, on a lottery basis so no one will have it locked up. He noted some people make a lot of personal money from the carnivals. Commissioner Cook stated that would have to be considered at the Advisory Board level; and if the Board sends it back to the Advisory Board, there may be a way to open the process without overburdening the resource.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to request the Wickham Park and South Brevard Parks and Recreation Advisory Boards reconsider the policy limiting carnivals at Wickham Park, including allowing four carnivals per year with 90-day intervals between events, and using a lottery to select the organizations allowed to hold carnivals.

Commissioner Higgs suggested a deposit be considered to cover the costs of damage and clean-up. Commissioner Cook stated that is included in the motion.

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

B. B. Nelson stated it is the political season; and inquired if the County will enforce the Sign Ordinance, and support Code Enforcement.

Commissioner Cook stated there are a lot of signs in the right-of-way. Mr. Nelson stated that is what he is talking about; in the past there have been problems with not supporting enforcement of the Ordinance; inquired if the Board will instruct the County Manager and Code Enforcement to enforce it. He stated it is getting out of hand already, and it is not close to election day.

Commissioner Scarborough inquired if signs are in the right-of-way does Road and Bridge pick them up; with County Manager Tom Jenkins responding he would have to check. Commissioner Scarborough stated contacting the candidates does not work. Mr. Nelson noted the candidates for judge are the biggest violators. Commissioner Scarborough stated Ordinances are created to be enforced; and no one should be rewarded for violating the law.

Commissioner Higgs noted the County cannot enforce within the municipalities; with Mr. Nelson responding he understands that, but the County could provide a lead.

Upon motion and vote, the meeting adjourned at 8:24 p.m.

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HELEN VOLTZ, CHAIRMAN

__________________________ BOARD OF COUNTY COMMISSIONERS

SANDY CRAWFORD, CLERK BREVARD COUNTY, FLORIDA

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