The Board of County Commissioners of Brevard County, Florida, met in regular session on November 10, 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 Assistant County Attorney Kyle King. Absent was: *County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien, District 2.

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

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the Minutes of August 27, 1998 Zoning Meeting and September 22, 1998 Budget Meeting. Motion carried and ordered unanimously.

ANNOUNCEMENT

Assistant County Attorney Kyle King advised County Attorney Scott Knox is engaged in litigation this morning until about 10:30 a.m.

DISCUSSION, RE: RELIEF EFFORT IN HONDURAS

Diane Pallett stated she relocated from Homestead to Brevard County after Hurricane Andrew; after the Hurricane was over, her home and community were gone; the only thing she was left with was remorse and depression; and it took a long time to get over it. She urged everyone in Brevard County to pay attention to Hurricane Mitch and do what they can to provide assistance to the people in Central America, including establishing a task force and distribution centers.

The Board directed the County Manager to report back to the Board on how Brevard County can become an integral part of the relief effort in Honduras.

DISCUSSION, RE: FLY AWAY FESTIVAL

Commissioner Scarborough stated last week he mentioned the Fly Away Festival; some people have asked what it is; and Staff Specialist Sharon Luba will be showing a two-minute video explaining it.

DISCUSSION, RE: MEETING ON FLUORIDATION

Commissioner Scarborough stated the material on fluoridation was bumped by some of the mail outs for the campaign; there are several options; the gentlemen who attended the meeting volunteered to write a brief summary; and there could be two sheets, pro and con. He noted the County could send out the questionnaire and see what comes back; and the meeting could be rescheduled.

The Board directed staff to reschedule the meeting concerning fluoridation and mail out information prior to the meeting.

DISCUSSION, RE: ELECTION EQUIPMENT

Commissioner Scarborough expressed concern about the number of cards being repunched; stated there were torn ballots; and it is possible to get equipment that is secure and higher quality, and will allow a person to know that they voted the entire ballot. He stated a lot of people were not voting the entire ballot because they forgot to turn it over correctly; and perhaps the Board can hold a workshop in January, 1999 to look at election equipment and ask questions.

Chairman Voltz stated in order to have any new equipment up and running, the County needs to have it by March, 1999.

Commissioner O'Brien stated the County Manager needs to do a full report on what went wrong at the polls; there was a lack of machines and lack of ability of the people in charge to spread the equipment into the hallways and get this moving along at Jefferson Junior High School; the voting machines at Our Savior Catholic Church in Cocoa Beach were not operating properly; a lot of senior citizens with arthritis could not manipulate the machines; and the present machines are only eight days old. He noted the County may have to look at human error that keeps occurring; he is surprised the Board has not requested a complete investigation of the people who run the operation; and the machines work fine.

Commissioner Cook stated at 7:00 a.m., his precinct was backed outside the door; he does not understand why these things cannot be anticipated; he has served on the Canvassing Board; it is more than the machines; and there are human error problems. He noted there has been a campaign to get new machines ever since he has taken office; he understands the newspaper is promoting it and they would like to get the results sooner; but he is not sure that alone is sufficient reason to spend that kind of money. He stated he agrees with Commissioner O'Brien that the County needs an independent investigation before it spends $2 million on whether the problem is the machines or if there are other serious problems that need to be reviewed in the Supervisor of Elections Office; it is a lot of money to spend; if the County looks at a new system, it should be an RFP process; and it should be something that can insure ballot security.

Commissioner Higgs stated if the County moves into a process of selecting new machines, it needs to have a proposal scenario where vendors of all kinds can propose to it and it becomes a total package of equipment, money, financing, and how it works over a long period of time.

DISCUSSION, RE: ELECTION EQUIPMENT

Supervisor of Elections Fred Galey stated the malfunctioning of the punch machines happens every time if the card is not all the way in and down; there is a security lock in every punch machine; if the card is not all the way in and down, it will not punch; and it keeps the punch from cutting out the side of the card so it can go through the card reader without being duplicated. He noted these machines require manual dexterity; it was taking most the people well over six minutes and some even as much as 20 minutes to vote on the machines; there were six and seven cards which had to be voted on both sides; and it takes time. He noted the polls are not opened until 7:00 a.m.; that is why they are backed up; every poll backs up at 7:00 a.m.; and he was at his precinct shortly after 7:00 a.m. and it was still backed up. Mr. Galey stated he has 1,700 poll workers who work very hard; and they show up at 6:00 a.m. and are there for 12 hours.

Commissioner O'Brien stated there were six extra voting machines that could have been put up in the hallway at Jefferson Junior High School, but the workers did not do that. Mr. Galey responded he will check that out as all of the machines were supposed to be up, and if they were not, it is a problem he can solve. He stated he is required by law to have one machine for every 145 people, and he has that; when there is an election like this, which he has been talking about for several years, with six and seven cards it is going to be slow; and it can be discussed more at the workshop.

RESOLUTION, RE: RECOGNIZING BREVARD COUNTY VETERANS

Commissioner O'Brien read aloud a resolution recognizing November 11, 1998 as Veterans' Day and the contributions of Brevard County veterans; and presented it to Bill Cotter, representing the Brevard Veterans' Council.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution recognizing the contributions of Brevard County veterans and encouraging all citizens to honor veterans by flying the U.S. flag and wearing a poppy on Veterans' Day, November 11, 1998. Motion carried and ordered unanimously.

Bill Cotter, Brevard Veterans' Council, expressed appreciation to the Board for the Resolution.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Merritt Island Redevelopment Agency
Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to reappoint Richard Amari to the Merritt Island Redevelopment Agency, with term of appointment expiring November 9, 2002. Motion carried and ordered unanimously.

Merritt Island/Beaches Service Sector Advisory Board
Motion by Commissioner O'Brien, seconded by Commissioner Cook, to appoint Tod McNeal to the Merritt Island/Beaches Service Sector Advisory Board replacing Alan Hemenway, with term of appointment expiring November 9, 1999. Motion carried and ordered unanimously.

ANNOUNCEMENT

Commissioner O'Brien stated the Astronaut Girls Cross Country Team will be running its 19th consecutive District Title in the Class 4A District 4 Meet at Titusville's Brevard Community College Campus. He noted the Mustangs rumbled past the Eagles 55-13; and the Tigers beat Rockledge. He stated he loves the sports that the kids do in the community; they do not get the recognition they deserve; they practice five and six days a week, two hours a day; he wants to give them the respect they sincerely deserve; and again this year, there are many State champion teams in Brevard County.

DISCUSSION, RE: WORKSHOPS

Commissioner Higgs requested the Board schedule the transportation and gas tax workshop at the beginning of next year.

APPROVAL OF TRAVEL, RE: LAND ACQUISITION MANAGEMENT ADVISORY COMMITTEE MEETING

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve travel for Commissioner Nancy Higgs to attend the Land Acquisition Management Advisory Committee Meeting on November 12, 1998 in Tallahassee, Florida. Motion carried and ordered unanimously.

DISCUSSION, RE: SIGNATURE BONDS

Chairman Voltz stated she received a telephone call from Judge Moxley yesterday indicating the Judges will be discussing the signature bonds at their meeting on November 18, 1998.

DISCUSSION, RE: ECONOMIC DEVELOPMENT TAX ABATEMENT PROGRAM GUIDELINES

Chas Hoyman, Chairman of the Ad Valorem Tax Abatement Committee of the Economic Development Council, stated the Committee was asked to look at the guidelines; it met on several occasions and formulated some changes to the guidelines; and last month those were presented to the Board. He stated there was one item the Board voted to adopt and one item it requested the Committee review; last month the Board voted to adopt a 10-year abatement for anyone that qualifies; the jobs have to be in manufacturing and there has to be an increase of 10 net jobs for someone to qualify for this abatement; and the Committee reviewed the wages that the companies brought with the new positions. Mr. Hoyman stated the Committee formulated a recommendation which was sent to the Board; for wages $25,000 or less, the company would receive a 50% abatement for 10 years; for $25,001 to $30,000, they would receive 60%; over $30,000 to $35,000, they would receive 65%; $35,000 to $40,000 is 70%; $40,000 to $45,000 is 80%; $45,000 to $50,000 is 90%; and over $50,000 average wage would be 100% abatement. He noted the $50,000 average wage would be twice what the average manufacturing wage is in the State; and that is the recommendation of the Committee. He stated in the earlier versions, the Committee had capital investment; but based on the Board's input at the last meeting, the capital investment was taken out; and part of the State Statute is that companies have to increase jobs by a minimum of 10 to qualify.

Commissioner Higgs stated the EDC is no longer going to recommend based on companies' capital investment; with Mr. Hoyman responding affirmatively. Mr. Hoyman advised it was based on the inputs received from the Board; with Commissioner Higgs responding the Board was concerned about wages, but she is not clear that it was wanting to totally remove the capital investment as part of the formula.

Commissioner Scarborough stated the more someone invests and the more bottom line value they receive, then the less taxes are being charged. Mr. Hoyman stated the Committee is focusing more on the average wage which is where the input is on this recommendation; and the amount of the investment in equipment or capital will adjust the tax up or down.

Chairman Voltz inquired does the Committee see this as a step in the right direction; with Mr. Hoyman responding it will work well for the community, and the focus with this change is to reward the companies who will pay a higher wage to our work force. Mr. Hoyman noted it does not eliminate those who are paying an average wage or less than an average wage; and they will still receive a tax abatement.

Mr. Hoyman stated the Board also voted on a 10-year abatement; in the past, that abatement went anywhere from five to 10 years; the company that may be paying an average wage will still get a 10-year abatement of their tax; and that can be a significant benefit.

Commissioner Scarborough stated he is happy with the formula.

Commissioner Cook stated if the company is below average in a wage, it is a minus one, so they would not get an abatement. Mr. Hoyman advised the pluses and minuses are gone. Commissioner Cook stated if a company hired 10 individuals, it would receive an abatement for at least 50%; with Mr. Hoyman responding that is correct.

DISCUSSION, RE: ECONOMIC DEVELOPMENT TAX ABATEMENT PROGRAM GUIDELINES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt changes to the current Economic Development Tax Abatement Program Guidelines. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING MASSAGE THERAPY PUBLIC AWARENESS MONTH

Chairman Voltz read aloud a resolution proclaiming the month of November, 1998, as Massage Therapy Public Awareness Month; and presented it to representatives of the Florida State Massage Therapy Association, Brevard County Chapter.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming the month of November, 1998, as Massage Therapy Public Awareness Month. Motion carried and ordered unanimously.

Maureen Gilbert, President of the Brevard Chapter of the Florida State Massage Therapy Association, expressed appreciation to the Board for the Resolution and explained the Organization.

RESOLUTION, RE: CONGRATULATING NORTH BREVARD BEAUTIFICATION COMMISSION

Commissioner Scarborough read aloud a resolution congratulating the North Brevard Beautification Commission on the celebration of its 30th Anniversary; and presented it to Carol Chamberlain and Jackie Gregory.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution congratulating the North Brevard Beautification Commission on the celebration of its 30th Anniversary, and commending the organization for its consistent efforts to enhance the community. Motion carried and ordered unanimously.

Jackie Gregory expressed appreciation to the Board for the Resolution.

RESOLUTION, RE: PROCLAIMING FARM-CITY WEEK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming November 20 through 26, 1998, as Farm-City Week in Brevard County; and urging all citizens of the community to participate in joint visits, seminars, pageants, fairs, civic and social events conducted during this week. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING DAVID F. "DAVE" DAVIS, DIRECTOR OF SENIOR ASSISTANCE PROGRAM OF THE COMMUNITY SERVICES COUNCIL OF BREVARD, INC.

Commissioner Higgs read aloud a resolution commending David F. "Dave" Davis, Director of Senior Assistance Program of the Community Services Council of Brevard, Inc.; and presented it to Mr. Davis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution recognizing and commending David F. "Dave" Davis for his dedication, commitment and service to his community and to the citizens of Brevard County, and wishing him an enjoyable and happy retirement. Motion carried and ordered unanimously.

David Davis thanked the Board for the Resolution; and expressed appreciation to County staff, including Bernice Jackson, Don Lusk, Jasper Triggs, and Jim Liesenfelt.

RESOLUTION, RE: RECOGNIZING OFFICE OF STATE ATTORNEY NORMAN WOLFINGER AND OTHER ORGANIZATIONS FOR CONTRIBUTIONS TO "MAKE A DIFFERENCE DAY"

Commissioner Scarborough read aloud a resolution recognizing the Office of State Attorney Norman Wolfinger and other organizations for contributions to "Make a Difference Day"; and presented it to Mr. Wolfinger.

State Attorney Norman Wolfinger explained the "Make a Difference Day" project at the Indigent Cemetery located at Country Acres Parental Home in Titusville; and displayed before, during and after photographs of the project.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution recognizing the Office of State Attorney Norman Wolfinger, Facilities Management, Country Acres Parental Home, Sheriff's Office, Mims Fire Station #21, Lowes Home Improvement Warehouse of Titusville, Scotty's of Palm Bay and Titusville, Kmart of Palm Bay, Rental Mart of Melbourne, Grant Rental Station of Rockledge, Girl Scouts, and Builders Square of Palm Bay for their contributions to "Make a Difference Day" at the Indigent Cemetery located at Country Acres Parental Home in Titusville. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT, RE: BUILDING PERMIT ON JASA STREET

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Unpaved Road Agreement with Debra Leffingwell for a building permit off an existing County right-of-way to the standards of the Unpaved Road Ordinance 97-02. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR OCEAN RIDGE SUBDIVISION, PHASE 1

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract dated March 26, 1996 for Ocean Ridge Subdivision, Phase 1. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING A CENSUS-2000 COMPLETE COUNTY COMMITTEE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution establishing a Census-2000 Complete County Committee to promote participation in the 2000 Census from all segments of the County's population. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF PALM BAY, AMENDMENT TO AGREEMENT WITH PROFESSIONAL ENGINEERING CONSULTANTS, INC., AND ISSUE NOTICE TO PROCEED WITH GEOTECHNICAL TESTING SERVICES, RE: MALABAR ROAD PHASE II

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Interlocal Agreement with City of Palm Bay and Amendment to Agreement with Professional Engineering Consultants, Inc.; and authorize staff to issue a notice to proceed for geotechnical testing services for the Malabar Road Widening Project, Phase II. Motion carried and ordered unanimously.

RIGHT OF ENTRY, RE: THE VIERA COMPANY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Entry License for The Viera Company to access approximately 2 acres of land needed for stockpiling fill material and storage of equipment, pipes, etc., relating to construction of the Veterans Administration access road. Motion carried and ordered unanimously.

QUIT-CLAIM DEED AND EASEMENT, RE: RIGHT-OF-WAY FOR HAMMOCK ROAD IMPROVEMENT PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize private sale of a 33-foot right-of-way in exchange for a 33-foot drainage easement for Hammock Road Improvement Project; and execute a Quit-Claim Deed to Mr. and Mrs. Thomas Hughes. Motion carried and ordered unanimously.

APPROVE TEMPORARY CLOSING OF VALKARIA ROAD, RE: REHABILITATION OF FLORIDA EAST COAST RAILWAY GRADE CROSSING

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize temporary closing of Valkaria Road from November 30 through December 2, 1998 for rehabilitation of the grade crossing by Florida East Coast Railway Company. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH ST. GABRIEL'S EPISCOPAL CHURCH, MARTIN VAN SCHENK, TORTOISE VIEW HOMEOWNERS' ASSOCIATION, TROPIC POINT WATERFRONT HOMEOWNERS' ASSOCIATION, COY CLARK, SUNTREE LAKES, AND ORANGEWOODS HOMEOWNERS' ASSOCIATION, RE: EXTENDING RIGHT-OF-WAY USE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendments to Agreements extending right-of-way use for five years beginning November 11, 1998 with St. Gabriel's Episcopal Church, Martin Van Schenk, Tortoise View Homeowners' Association, Tropic Point Waterfront Homeowners' Association, Coy Clark, Suntree Lakes, and Orangewoods Homeowners' Association. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 WITH PRIORITY ONE CONSTRUCTION, RE: CORTO ROAD COMMUNITY CENTER

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 3 to Agreement with Priority One Construction granting a seventy-seven day time extension for construction of Corto Road Community Center. Motion carried and ordered unanimously.

CLARIFICATION OF IMPLEMENTATION PROCEDURES, RE: ROADWAY AND EASEMENT IMPROVEMENT PERMIT FEES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to clarify that Roadway and Easement Improvement permits will be issued under the previous fee schedule if the project was contracted for or approved by local government by November 1, 1998, rather than the fee schedule established by Resolution No. 98-241 on September 29, 1998. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CHILD CARE ASSOCIATION, RE: EXTENDING GRANT PERIOD FOR HARRY T. MOORE CENTER

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Child Care Association of Brevard County, Inc. extending completion time for renovation of Harry T. Moore Center until November 30, 1998. Motion carried and ordered unanimously.

APPROVAL, RE: LIBRARY SYSTEM HOLIDAY SCHEDULE FOR 1998-99

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve holiday schedule for the Library System, to close on December 31, 1998 at 5:00 p.m. for New Year's Eve, April 4, 1999 all day for Easter Sunday, July 4, 1999 all day for Independence Day, and December 26, 1999 all day for the day after Christmas. Motion carried and ordered unanimously.

AMENDMENT NO. 2 TO INTERLOCAL AGREEMENT WITH CITY OF PALM BAY, RE: DEVELOPMENT OF CASTAWAYS POINT PARK

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendment No. 2 to Interlocal Agreement with City of Palm Bay for development of Castaways Point Park, extending time for completion by an additional six months. Motion carried and ordered unanimously.

APPLICATION, AUTHORIZATION TO EXECUTE AWARD, AND ESTABLISHMENT OF FUNDING AWARD BUDGET, RE: SPORTS FOR LIFE PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the October 22, 1998 submittal of a Sports For Life Funding Award Application for a special event to be held in Port St. John; authorize the Chairman to execute a funding award; and authorize establishing a funding award budget if the funds are received. Motion carried and ordered unanimously.

APPOINTMENT, RE: PUBLIC GOLF COURSE ADVISORY BOARD

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint Frank Duncan, 322 Arrowhead Lane, Melbourne Beach, Florida 32951 to the Public Golf Course Advisory Board replacing Jack Green, with term of appointment expiring January 14, 2001. Motion carried and ordered unanimously.

FLORIDA POWER & LIGHT EASEMENTS, RE: JACOBSOHN & WAGNER PROPERTIES IN MARITIME HAMMOCK CARL PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Easements in favor of Florida Power & Light Company for properties owned by the County in the Maritime Hammock CARL project, purchased from Jacobsohn and Wagner. Motion carried and ordered unanimously.

MEMORANDUM OF UNDERSTANDING WITH NORTH MERRITT ISLAND LITTLE LEAGUE, RE: NORTH MERRITT ISLAND LITTLE LEAGUE BALLFIELD LIGHTING

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Parks and Recreation Director to execute Memorandum of Understanding with North Merritt Island Little League for field lighting to include reimbursable funding for the project, and to establish a project budget. Motion carried and ordered unanimously.

OPTION AGREEMENTS AND ASSIGNMENTS OF OPTIONS TO PURCHASE WITH W. LEONARD BALL, ONILEE BURDICK, WILLIAM L. BURNHAM, CAROLYN JOY INGHAM, L. C. KAISER, ROBERT M. REYNOLDS, BASCOM AND VEDA REVELLE, PHILIP EUGENE SCHRICK, PAMELA SIPTAK SMITH, AND EARL W. STOCKDALE, RE: COASTAL SCRUB ECOSYSTEM CARL PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept Option Agreements for Sale and Purchase between The Nature Conservancy and W. Leonard Ball, Onilee Burdick, William L. Burnham, Carolyn Joy Ingham, L. C. Kaiser, Robert M. Reynolds, Bascom and Veda Revelle, Philip Eugene Schrick, Pamela Siptak Smith, and Earl W. Stockdale, and execute the Acceptance of Assignments from The Nature Conservancy for the ten parcels of land in the Coastal Scrub Ecosystem CARL Project. Motion carried and ordered unanimously.

APPROVAL OF AGREEMENTS, DESIGNATE COUNTY MANAGER OR DESIGNEE TO EXECUTE AGREEMENTS, AND AUTHORIZE INCLUSION OF FUTURE BOARD- APPROVED CONTRACT CLAUSES, RE: RECREATION INSTRUCTORS AND CARETAKERS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the form agreements with recreation instructors and caretakers; authorize the County Manager or his designee to execute the agreements on behalf of the Board; and authorize the Parks and Recreation Department to include any future Board-approved contract clauses in the agreements. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH COASTAL HEALTH SYSTEMS OF BREVARD, INC., RE: AMBULANCE RATES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Fourth Amendment to Agreement with Coastal Health Systems of Brevard, Inc. to increase ALS base rate and BLS base rate from $260 to $275 and $160 to $175 respectively, and remove $25 rate for oxygen and $55 per hour waiting period. Motion carried and ordered unanimously.

AWARD OF BID #B-4-8-94 TO NEW BRIDGE PRODUCTS, RE: FIVE WHEEL CHAIR ACCESSIBLE MINI-VANS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Bid #B-4-8-94, Five-Wheel Chair Accessible Mini-vans, to New Bridge Products at $188,000 for five vans from the SCAT Capital Budget Fund 4610. Motion carried and ordered unanimously.

MODIFICATION #2 TO CONTRACTUAL SERVICES AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: EXTENDING DUE DATE FOR LOCAL MITIGATION STRATEGY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Modification #2 to Contractual Services Agreement with Florida Department of Community Affairs, extending due date for completion of the Local Mitigation Strategy to December 31, 1998. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: INTERNAL AUDIT OF CENTRAL FLEET SYSTEMS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of the Internal Audit conducted of the Central Fleet Systems for the period October 1, 1995 through December 31, 1996. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, RE: CHANGE IN LEGAL DESCRIPTION OF EELS PROPERTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendment to Agreement for Sale and Purchase with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, to change a legal description of the Vislocky property to meet the concerns of the State. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCE OF PORT ST. JOHN ADVISORY BOARD REPRESENTATIVE, RE: AMENDMENT OF ORDINANCE ESTABLISHING PORT ST. JOHN DEPENDENT SPECIAL DISTRICT TO REDUCE MEMBERSHIP TO SEVEN MEMBERS

William Bender, Chairman of the Port St. John Dependent Special District Advisory Board, inquired if the Board has the letter from the Advisory Board; with Chairman Voltz responding affirmatively. Mr. Bender advised he is present to answer any questions pertaining to the letter.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize advertisement of an ordinance to amend Ordinance establishing Port St. John Dependent Special District to reduce membership of the District from nine to seven. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN WINDOVER FARMS, UNIT 1 - NORMA J. BURRELL

Chairman Voltz called for the public hearing to consider a resolution vacating public utility and drainage easements in Windover Farms, Unit 1, as petitioned by Norma J. Burrell.

Commissioner Scarborough stated he has represented Ms. Burrell on other matters in the past and will abstain from voting on the item.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution vacating public utility and drainage easements in Windover Farms, Unit 1, as petitioned by Norma J. Burrell. Motion carried and ordered; Commissioner Scarborough abstained.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY AND PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN VIERA TRACTS SS AND RR AND VIERA SOUTH PUD, TRACTS MM AND QQ - THE VIERA COMPANY

Chairman Voltz called for the public hearing to consider a resolution vacating right-of-way and public utilities and drainage easements in Viera Tracts SS and RR and Viera South PUD, Tracts MM and QQ, as petitioned by The Viera Company.

Assistant Public Works Director Ed Washburn requested the public hearing be continued until December 1, 1998.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to continue public hearing to consider resolution vacating right-of-way and public utilities and drainage easements in Viera Tracts SS and RR and Viera South PUD, Tracts MM and QQ, as petitioned by The Viera Company, to the December 1, 1998 Board Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAT OF TOWN OF PINEDA - MARY L. SANDERS

Chairman Voltz called for the public hearing to consider a resolution vacating right-of-way in Plat of Town of Pineda, as petitioned by Mary L. Sanders.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution vacating right-of-way in Plat of Town of Pineda, as petitioned by Mary L. Sanders. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN INDIAN RIVER GROVES & GARDENS - HUGH EVANS, JR.

Chairman Voltz called for the public hearing to consider a resolution vacating rights-of-way in Indian River Groves & Gardens, as petitioned by Hugh Evans, Jr.

Chairman Voltz stated the public hearing needs to be continued to December 1, 1998 to work out the issues.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to continue public hearing to consider resolution vacating rights-of-way in Indian River Groves & Gardens, as petitioned by Hugh Evans, Jr., to the December 1, 1998 Board Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST OF FLORIDA CITIES WATER COMPANY FOR SEWER SERVICE AREA EXPANSION

Chairman Voltz called for the public hearing to consider request of Florida Cities Water Company for sewer service area expansion.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to approve request of Florida Cities Water Company for sewer service area expansion. Motion carried and ordered unanimously.

*County Attorney Scott Knox's presence was noted at this time.

PUBLIC HEARING, RE: ORDINANCE APPROVING ECONOMIC DEVELOPMENT TAX EXEMPTION FOR TEKNOCRAFT, INC.

Chairman Voltz called for the public hearing to consider an ordinance approving economic development tax exemption for Teknocraft, Inc.

Economic Development Director Greg Lugar stated in the course of review of various agencies to determine if they had any outstanding violations, Code Enforcement had an outstanding issue, but it has been resolved.

County Manager Tom Jenkins advised Teknocraft, Inc. has agreed to come into compliance.

Commissioner Higgs inquired is Teknocraft, Inc. in compliance; with Mr. Lugar responding currently it is not in compliance. Commissioner Higgs stated the Board should not move forward on it until it is fully in compliance.

Commissioner O'Brien suggested the public hearing be continued to November 30, 1998.

Laura Vinson, representing Teknocraft, Inc., introduced Sam Kumar, owner of the Company; stated the continuation may cause problems because they are moving quickly on a government contract; it has to capitalize and buy several million dollars worth of equipment in a short period of time; and the delay will hold up the contract. She stated the Company is in the process of resolving the violation; and it did not know it was in violation of the ordinance by letting the employee stay in their building for security purposes and to give him a place to stay. She noted the County indicated the employee could stay there if the Company put in a shower stall and built a 500-square foot living space; that is more than its cash flow can handle right now; it has asked the gentleman to move; and the Company is in the process of resolving the violation.

Sam Kumar stated the Company did not know it was violating any County regulations; and his Company will help the employee move out and find a place to live. Ms. Vinson stated the Company is taking steps to be in compliance.

Commissioner Scarborough stated the Board can approve the item contingent upon the Company coming into compliance.

County Attorney Scott Knox stated Section 102-187(d) of the Ordinance reads, "Any existing business in violation of any federal, state or local law or regulation governing environmental matters may not be eligible for an exemption."

Chairman Voltz stated it is just environmental matters, so the Board can approve it.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance granting an economic development ad valorem exemption to Teknocraft, Inc., 425 West Drive, Melbourne, Florida 32904; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by

PUBLIC HEARING, RE: ORDINANCE APPROVING ECONOMIC DEVELOPMENT TAX EXEMPTION FOR TEKNOCRAFT, INC.

Teknocraft, Inc.; providing an effective date, contingent upon the Company coming into compliance. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22, BUILDING AND BUILDING REGULATIONS, TO ADOPT 1996 EDITION OF THE NATIONAL ELECTRICAL CODE

Chairman Voltz called for the public hearing to consider an ordinance amending Chapter 22, Building and Building Regulations, to adopt the 1996 Edition of the National Electrical Code.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 22, Article II, Technical Codes, Code of Ordinances of Brevard County, Florida; specifically amending Section 22-101 to adopt the 1996 National Electrical Code; amending Section 22-102 to renumber and amend regulations pertaining to service disconnects, service wiring, breaking of meter seals, wiring methods; remodeling and additions rewiring; electric wiring for swimming pools; providing severability; and providing an effective date. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE CREATING FARNSWORTH AVENUE ROAD PAVING MSBU

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to be held on December 1, 1998, to consider an ordinance creating Farnsworth Avenue Road Paving MSBU. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE CREATING JUDY KAY ROAD PAVING MSBU

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to be held on December 1, 1998, to consider an ordinance creating Judy Kay Road Paving MSBU. Motion carried and ordered unanimously.

The meeting recessed at 10:18 a.m. and reconvened at 10:30 a.m.

PERSONAL APPEARANCE - HAROLD HARMON, RE: CHANGING CODE ENFORCEMENT PROCEDURE REGARDING PROPERTY MAINTENANCE BY ABSENTEE OWNERS

Commissioner Scarborough stated Mr. Harmon brought a tape with him; he did not know the Board's rules; and Mr. Harmon indicated the tape will speak louder to the maintenance problem rather than what he has to say.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to allow Harold Harmon to speak through the tape if it meets the Board's other criteria.

Commissioner Higgs inquired if Commissioner Scarborough is requesting the Board waive the 24-hour rule; with Commissioner Scarborough responding affirmatively. Commissioner Higgs stated Sharon Luba has time to review it now for compliance; with Commissioner Scarborough responding if Ms. Luba does not have time now, then it will not meet that requirement.

Commissioner O'Brien stated if the Board allows this to occur, it could occur each time at every meeting in the future; and the rule will have no meaning whatsoever.

Harold Harmon stated he reported this problem in June, 1998; the weeds are still taller than he is; and if the Board cannot review the tape today, that is fine.

Commissioner Higgs concurred with Commissioner O'Brien; stated the Board should hear Mr. Harmon; if he would like the Board to review the tape later, she would be happy to review it in her office; but the Board needs to stick with the rules.

Chairman Voltz stated the Board will keep the tape and pass it around for each Commission office to review. She called for a vote on the motion. Motion did not carry; Commissioners Scarborough and Cook voted aye, Commissioners O'Brien, Higgs and Voltz voted nay.

AGREEMENT TO AMEND AND EXTEND EXISTING CONTRACT WITH INTERNATIONAL GOLF MAINTENANCE, INC., RE: GOLF COURSE MAINTENANCE

Commissioner Higgs stated when the Board saw this on October 6, 1998, it agreed to move forward with International Golf Maintenance for one year; the four additional points are being put into the agreement, which was agreed to; this is not multi-year; and the County will then be going out to bid.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement to Amend and Extend Existing Contract with International Golf Maintenance, Inc. for one additional year, effective November 20, 1998, for golf course maintenance. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: RENOVATIONS TO TITUSVILLE COURTHOUSE LAW LIBRARY

Commissioner Higgs expressed concern about investing the $385,000 in the facility if the County is trying to consolidate Circuit Court in one location; and stated that has been the objective. She requested County Manager Tom Jenkins confirm with the Chief Judge that looking more long range in terms of investing this money at Viera for most of the circuit judges to be in one location is not an option they want the Board to consider; she understands their recommendation was to move on the Titusville space; but she would like Mr. Jenkins to touch base with the Chief Judge to ensure they are not moving with this because they think the Board is unwilling to look at the bigger picture.

Commissioner O'Brien inquired how much money annually does the County spend in continued renovations like this one.

Mr. Jenkins advised he will meet with Judge Moxley to discuss the issues; and Facilities Construction Director Samuel Stanton estimates the cost for this particular project to be approximately $150,000.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to bid, award bid, and execute contract with the most qualified bidder for renovations to the Titusville Courthouse Law Library. Motion carried and ordered unanimously.

APPROVE SPEED HUMP REQUEST, RE: MCIVER LANE

Commissioner Cook stated he does not support the request, and there have to be other options.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to deny the request for installation of a speed hump on McIver Lane in Rockledge. Motion carried and ordered unanimously.

GRANT APPLICATION WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: PUBLIC EDUCATION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve submission of a grant application package to Florida Department of Community Affairs to purchase equipment to create and produce disaster preparedness and recovery issues for Public Service Announcements and produce live input from the EOC and FOC during an activation on the Government Access Channel; and appoint the County Manager or designee as Grant Manager to execute agreements, reporting and correspondence pertinent to the Grant. Motion carried and ordered unanimously.

GRANT APPLICATION WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: PURCHASE OF THREE DISPATCH CONSOLES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve submission of a grant application package to Florida Department of Community Affairs to purchase three additional dispatch consoles for use in accommodating the additional personnel required during emergency activation; and appoint the County Manager or designee as Grant Manager to execute agreements, reporting and correspondence pertinent to the Grant. Motion carried and ordered unanimously.

GRANT APPLICATION WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: PURCHASE OF LIFE SUPPORT PACKAGES

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve submission of a grant application package to Florida Department of Community Affairs to purchase full and complete life support packages as recommended by the Local Mitigation Strategy and in support of the Florida Comprehensive Emergency Plan; and appoint the County Manager or designee as Grant Manager to execute agreements, reporting and correspondence pertinent to the Grant. Motion carried and ordered unanimously.

DISCUSSION, RE: 1999 BREVARD LEGISLATIVE PROPOSALS

Ira Bickham stated he has worked with some of the Commissioners in the area of emergency communications during Hurricane Erin and some of the other problems they have had in the community; the problem exists with radio interference; and there needs to be state laws written that both counties and municipalities can enforce against those individuals who cause interference on the radios.

Floyd Merckle and Joseph Clark, Vietnam Veterans of Brevard, expressed their support for State funding of the Veterans Transitional Housing Facility.

Harold Koenig stated he would like to address funding drug treatment initiatives; and urged the Board to approve two Legislative proposals and commit County funds to them. He requested the Board establish a drug treatment trust fund and authorize the solicitation of funds for such trust fund; appeal for team work; and inform the general public of the true situation. He advised drug treatment programs work, with success rates as high as 90%, contrasting with the incarceration failure rate as high as 96%; and overwhelmingly, recovering addicts reported success depends on two factors--professional treatment and a personal relationship with God. Mr. Koenig stated Brevard taxpayers, armed with the facts, will no longer support a failed system that trashes and kills children, induces more crime, and supports drug dealers; they will demand the initiatives proposed; and addicts must be treated and not jailed. He requested those individuals present who have joined this cause to stand; and stated these people are only a fraction of the rapidly growing army of drug warriors to save the lives of our children, our most precious resource.

DISCUSSION, RE: 1999 BREVARD LEGISLATIVE PROPOSALS

Reginald S. Grange, Sr., stated incarceration is the worst thing that could happen to a first-time drug addict who is non-violent; they need treatment and education; and funds should be diverted for treatment and educational programs.

Vickie Dishong expressed her support for drug court; stated it has helped her son and her family; and children need to be given a chance instead of having a prison sentence.

Jim Kelley stated his 25-year old daughter is a crack addict; she is presently at The Bridge; and he is very happy and encouraged about the rehabilitation center and supports its operation.

Pastor David Barnhart advised of his support for the drug court program; encouraged treatment programs, especially faith-based treatment programs; and stated it is personal experience from working with recovering addicts of various kinds that faith-based drug treatment programs work. He stated he is convinced that addicts need two things in order to overcome their addiction--early professional counseling and treatment, and a personal relationship with God.

Commissioner Cook stated drug court has done a tremendous job; and urged the Board to move forward and address the issues as soon as possible.

Commissioner O'Brien stated the parents deserve the Board's cooperation and facilitation in their quest to retrieve their child from such a terrible disease.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct the County Manager and the County Attorney to facilitate a meeting between the State Attorney, Sheriff, Chief Judge and Harold Konig concerning drug rehabilitation. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve including a proposal to require election of officers of the St. Johns River Water Management District, the package from Joyce Grant of ACES, and the $275,000 from the State Department of Elderly Affairs for the Alzheimers Respite Adult Day Care Programs in Brevard County stay; and postpone further consideration of Legislative Proposals to December 1, 1998 when Lobbyist Guy Spearman will be present. Motion carried and ordered unanimously.

RESOLUTION AUTHORIZING $1,160,000 DRAW FROM THE TAX EXEMPT COMMERCIAL PAPER PROGRAM, RE: FUNDING OF REPLACEMENT FUEL STORAGE TANKS AND FINANCIAL SYSTEM SOFTWARE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the borrowing of not exceeding $1,160,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement in order to finance certain capital improvements within the County; authorizing the execution of a loan note or loan notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Motion carried and ordered; Commissioner Cook voted nay.

Commissioner Higgs stated the County has drawn on commercial paper several times; and requested the County Manager provide a complete payment schedule on them so the Board is familiar with how it is payed back on each of the items. Commissioner Scarborough requested an analysis of the retirements of debts over a period of time and whether there is anything that could be refinanced for savings.

AWARD OF BID #B-4-8-105 TO MOBILITY SCOOTER, RE: NINE SEVEN-PASSENGER MINIVANS, THREE EIGHT-PASSENGER COMMUTER VANS, FIVE ELEVEN- PASSENGER MAXI-VANS, AND THIRTEEN FIFTEEN-PASSENGER MAXI-VANS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Bid #B-4-8-105 to Mobility Scooter for nine seven-passenger mini-vans at $19,930 each and three eight-passenger commuter vans at $20,785 each, and to Sunshine Dodge for five eleven-passenger maxi-vans at $28,885 each and thirteen fifteen-passenger maxi-vans at $28,685 each. Motion carried and ordered unanimously.

GRANT APPLICATION WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: EMERGENCY MANAGEMENT COMMUNITY WARNING SYSTEM ENHANCEMENTS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Grant Application to Department of Community Affairs to support access from the Emergency Operations Center to the Government Channel through character generation and purchase other equipment and services as required to support the County's warning systems; and appoint the County Manager or his designee as Grant Manager to execute agreements, reporting and correspondence pertinent to the Grant. Motion carried and ordered unanimously.

GRANT APPLICATION WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: EMERGENCY MANAGEMENT WARNING AND EVACUATION SYSTEM

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Grant Application to Department of Community Affairs to support a partnership between the Office of Emergency Management and the Sheriff's Office, provide a Countywide emergency management and evacuation system in the Emergency Operations Center and Sheriff's Dispatch, and purchase of other equipment and services as required to support the Brevard County Emergency Management Warning and Evacuation System; and appoint the Emergency Management Director or his designee as Grant Manager. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING RENEWAL OF DRAW OF $1,050,000 FROM TAX EXEMPT COMMERCIAL PAPER PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the borrowing of $1,050,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement between the Commission and the County in order to refinance a portion of a loan previously made to finance and refinance certain costs and expenses related to the acquisition and construction of various capital improvements; authorizing the execution of a loan note or notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; providing an effective date; authorize the Chairman to sign all closing documents needed to complete the renewal of the loan; and authorize staff to make the necessary budget changes. Motion carried and ordered unanimously.

Commissioner Higgs requested a break-out and payment schedule for each project.

PERSONAL APPEARANCE - HAROLD HARMON, RE: CHANGING CODE ENFORCEMENT PROCEDURE REGARDING PROPERTY MAINTENANCE BY ABSENTEE OWNERS

Harold Harmon stated the property next door to him went into repossession; he reported the property last June; the person taking care of the property told Code Enforcement they would have the yard cut by this morning; however, it has not been cut. He advised the weeds are taller than the fence which is six feet; the County does not have the tools in place for Code Enforcement officers to get nasty and get things done; and it needs to research the legislation and laws that is going to give Code Enforcement the ability to get the job done. He stated he is not criticizing anyone, but the procedures need to be reviewed; requested the Board take this into consideration; and do the best it can to give Code Enforcement the tools to get the job done.

Commissioner Scarborough stated a number of cities have the method to cut the grass; they send a bill and they can lien the property; and requested the County Attorney review the issue and bring it back to the Board for subsequent discussion.

PERSONAL APPEARANCE - HAROLD HARMON, RE: CHANGING CODE ENFORCEMENT PROCEDURE REGARDING PROPERTY MAINTENANCE BY ABSENTEE OWNERS

County Manager Tom Jenkins stated staff has used that mechanism in the past when there is a possibility for the County to get reimbursed for the cost of mowing; in this particular case, the house was foreclosed and ownership was changing; the County was not in a position to seek recovery of the cost; and staff was hesitant to incur that cost without being able to get it from the owner. He advised legally the County has the right to do that.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Attorney to do what he can to secure a lien for properties which receive County maintenance due to absentee landowners. Motion carried and ordered unanimously.

SECOND AMENDMENT TO AGREEMENT WITH WEST AVENUE CENTER PARTNERSHIP AND DONETTA COLLINSWORTH, RE: MAINTENANCE, REPAIR AND REPLACEMENT OF PUBLIC DRAINAGE FACILITIES ON COMMERCIAL PLAZA IN PORT ST. JOHN

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Second Amendment to Agreement with West Avenue Center Partnership and Donetta Collingsworth requiring the County to take over responsibility for maintenance, repair and replacement of public drainage facilities located at Commercial Plaza in Port St. John. Motion carried and ordered unanimously.

RECOGNITION

Chairman Voltz recognized newly-elected Commissioner Sue Carlson, District 4.

PRESENTATION OF PLAQUE, RE: COMMISSIONER MARK COOK

Chairman Voltz presented a plaque for Commissioner Cook in recognition of his service to the citizens of Brevard County as District 4 Commissioner from November, 1994 to November, 1998.

Commissioner Cook expressed appreciation to the Board for the plaque; stated it has been an honor and privilege for him to have this second stint with the County; for seven years he was an assistant to County Commissioner Sue Schmitt during the 80's; and he is proud of what this Board has accomplished over the last four years, especially the successful fight against new taxes, funding for the Suntree/Viera Library, purchase of thousands of acres of environmentally endangered lands, and the initiation of night County Commission meetings and televising of same. He thanked his office staff, Cheryl Desotell and Shelly Gardner, for their assistance; requested the Board further explore the Scrub Jay Plan and Coastal Scrub Ecosystem Initiative, and the Manatee Plan; and stated he will continue to be an active citizen. Commissioner Cook further expressed appreciation to the citizens for the opportunity they have given him to serve the past four years.

EXECUTIVE SESSIONS, RE: SHOWBOAT AND FARM & GROVE REALTY

County Attorney Scott Knox requested the Board authorize executive sessions on December 1, 1998 at the end of the Board meeting to discuss the Showboat and Farm & Grove Realty cases.

The Board authorized executive sessions at the end of the regular meeting on December 1, 1998 to discuss Showboat and Farm & Grove Realty cases.

ANNOUNCEMENT

County Manager Tom Jenkins stated the recount of the Statewide Revision 10 of the Constitution passed.

Chairman Voltz noted the Commissioners can talk to people regarding zoning issues and those kinds of things without reporting it.

County Attorney Scott Knox stated he needs to review the issue and there are other conflicting constitutional issues; and he will do an overview of the amendments that affect Brevard County.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 12:00 noon.

ATTEST:

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)