July 27, 1999

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 27, 1999, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O’Brien, Nancy Higgs, Sue Carlson and Helen Voltz, County Manager Tom Jenkins and County Attorney Scott Knox.

The Invocation was given by Mr. Ted Moorhead, AJT and Associates, Inc.

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

APPROVAL OF MINUTES

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve the April 13 and April 20, 1999 Regular Meeting Minutes. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLAT OF
SCOTTSMOOR AND SCOTTSMOOR LITTLE FARMS - HONEYCUTT &
ASSOCIATES, INC.

Chairman Scarborough called for the public hearing to consider a resolution vacating rights-of-way in Plat of Scottsmoor and Scottsmoor Little Farms, as petitioned by Honeycutt & Associates, Inc.

County Manager Tom Jenkins requested the item be continued to August 17, 1999 so that it coincides with another agenda item that will be coming up on that date.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to continue public hearing to August 17, 1999 to consider Resolution vacating rights-of-way in Plat of Scottsmoor and Scottsmoor Little Farms, as petitioned by Honeycutt & Associates, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN SECTIONS 25
AND 26, TOWNSHIP 26S., RANGE 36E. - JOSEPH A. DUDA (A. DUDA & SONS)

Chairman Scarborough called for the public hearing to consider a resolution vacating rights-of-way in Sections 25 and 26, Township 26S., Range 36E., as petitioned by Joseph A. Duda (A. Duda & Sons).

Commissioner Carlson stated she would like to withdraw the item from the agenda until after the traffic study is in place. Chairman Scarborough stated the public hearing will be readvertised.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to withdraw the Resolution vacating rights-of-way, as petitioned by Joseph A. Duda (A. Duda & Sons) from the Agenda. Motion carried and ordered unanimously.

DISCUSSION, RE: HOGAN LANDFILL SITE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Attorney to obtain an administrative search warrant to investigate possible violations at Hogan Landfill site, as Code Enforcement officers were denied access to the site. Motion carried and ordered unanimously.

DISCUSSION, RE: ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS OVER 65
YEARS OF AGE

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the County Attorney to advertise a public hearing to consider an ordinance that would provide an additional $25,000 homestead exemption for certain persons over the age of 65 if their income is below $25,000. Motion carried and ordered unanimously.

DISCUSSION, RE: AMERICAN HERITAGE RIVERS REPORT

Commissioner Voltz stated she received a letter concerning the American Heritage Rivers; it indicates an advisory committee made up of nominees of local elected officials will provide input on projects and priorities; a meeting was held on July 19, 1999; and inquired if anyone from Brevard County attended such meeting.

County Manager Tom Jenkins stated the Board discussed the issue in one of its meetings; and staff has researched the American Heritage Rivers Program and will have a full report for the Board on August 3, 1999.

DISCUSSION, RE: AIR QUALITY PROGRAMS IN CLERK’S OFFICE, BUILDING 4

Commissioner Voltz inquired if anything has been done regarding the problem with Building 4 of the Clerk of the Circuit and County Courts’ Office and some employees getting sick.

Mr. Jenkins advised staff has been investigating the problem with the air quality in Building 4 at the North Brevard Service Complex and will provide a report to the Board.

DISCUSSION, RE: INFORMATION PACKET ON NACO CONFERENCE

Commissioner Voltz provided each Commissioner with information from the National Association of Counties (NACO) Conference on various events and programs for their review. She advised next year’s conference will be held in North Carolina; and encouraged the Board members to attend.

RESOLUTION, RE: PROCLAIMING 16TH ANNUAL NATIONAL NIGHT OUT

Commissioner O’Brien read aloud a resolution proclaiming August 3, 1999, the “16th Annual National Night Out” in Brevard County; and presented it to a representative of the Brevard County Sheriff’s Office.

Motion by Commissioner O’Brien, seconded by Commissioner Voltz, to adopt Resolution proclaiming August 3, 1999, the “16th Annual National Night Out” in Brevard County, and calling upon all citizens to join the Brevard County Sheriff’s Office and the National Association of Town Watch in supporting the Program. Motion carried and ordered unanimously. (See page for Resolution No. 99-163.)

RESOLUTION, RE: COMMENDING BREVARD COUNTY SCHOOL CROSSING GUARDS

Commissioner Voltz read aloud a resolution commending and expressing appreciation to the Brevard County School Crossing Guards; and presented it to representatives of school crossing guards.

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to adopt Resolution commending and expressing appreciation to the Brevard County School Crossing Guards for their commitment to and care of the welfare of the children and citizens of Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 99-164.)

A representative of the Brevard County school crossing guards expressed appreciation to the Board for the Commendation Resolution; and advised the crossing guards are dedicated, not only to the job, but also to the children of Brevard County.

PRESENTATION OF FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) CHECKS, RE:
REIMBURSABLE GRANTS FOR DEVELOPMENT OF KENNEDY POINT PARK

Ted Moorhead presented checks of $155,269 and $217,341 from Florida Inland Navigation District (F.I.N.D.) for completion of two reimbursable grants for development of Kennedy Point Park.

The Board accepted checks in the amount of $155,269 and $217,341 from F.I.N.D. for completion of two reimbursable grants for development of Kennedy Point Park.

RESOLUTION, RE: INDIAN RIVER LAGOON SCENIC HIGHWAY CORRIDOR
DESIGNATION

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution supporting the designation of the Indian River Lagoon Scenic Highway Corridor, and authorizing staff to participate in supporting the designation effort and assist the Corridor Advocacy Group with collection of information for the application to Florida Department of Transportation (FDOT). Motion carried and ordered; Commissioner Voltz voted nay. (See page for Resolution No. 99-165.)

Commissioner Voltz stated she cannot support the motion because Brevard County does not know the costs involved, what will be required of it, what local regulations may be required, and how much staff will be involved.

DISCUSSION, RE: DREDGING BANANA RIVER

Motion by Commissioner O’Brien, seconded by Commissioner Voltz, to approve that the process be expedited by staff concerning dredging the Banana River. Motion carried and ordered unanimously.

DISCUSSION, RE: COURTESY NOTICES

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to bring back the user friendly advertisements issue to discuss larger projects as they relate to the County’s courtesy notices that are mailed currently. Motion carried and ordered unanimously.

AGREEMENT WITH KARL AND SUE YOUNG, RE: BUILDING PERMIT ON MULBERRY
LANE

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Unpaved Road Agreement with Karl and Sue Young for a building permit off an existing County right-of-way constructed to the standards of the Unpaved Road Ordinance No. 93-27. Motion carried and ordered unanimously. (See page for Agreement.)

ACKNOWLEDGE RECEIPT OF ORDINANCE NO. 99-19 FROM CITY OF MELBOURNE,
RE: ANNEXATION OF PROPERTY INTO CITY

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinance No. 99-19 from the City of Melbourne regarding annexation of approximately 14 acres of land. Motion carried and ordered unanimously.

CHANGE ORDER NO. 6, FINAL PAYMENT AND AUTHORIZATION TO ASSESS
LIQUIDATED DAMAGES FROM PRIORITY ONE CONSTRUCTION, RE: PORT
ST. JOHN (CORTO ROAD) COMMUNITY CENTER

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 6 with Priority One Construction and final payment in the amount of $113,016.88 for construction of the Port St. John (Corto Road) Community Center; and authorize staff to assess liquidated damages in the amount of $10,000 for 20 days delay. Motion carried and ordered unanimously. (See page for Change Order No. 6.)

APPROVE GUARANTEED MAXIMUM PRICE AND AUTHORIZE CHAIRMAN TO EXECUTE
AGREEMENT, RE: NORTH BREVARD SERVICE COMPLEX (PARKWAY) CHILLER
REPLACEMENT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the guaranteed maximum price of $174,540.00 with A.D. Morgan Corporation, Inc. for replacement of chillers at the North Brevard Service Complex, and authorize the Chairman to sign the Agreement. Motion carried and ordered unanimously. (See page for Agreement.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION ACCEPTING
IMPROVEMENTS AND ADOPTING FINAL ASSESSMENT ROLL FOR SELLERS
LANE WATER MSBU PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to advertise public hearing on August 17, 1999 for Sellers Lane Water Municipal Service Benefit Unit (MSBU) Project to accept improvements and adopt the final assessment roll. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH SANTA CRUZ CONSTRUCTION, INC., FINAL
PAYMENT AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE:
RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING FINAL
ASSESSMENT ROLL FOR SHELL WOOD DRIVE WATER MSBU

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Contract Modification #1 with Santa Cruz Construction, Inc., decreasing the contract amount by $3,093.80 for Shell Wood Drive Water MSBU; authorize final payment in the amount of $17,980.02; and grant permission to advertise the final public hearing on August 17, 1999 to accept improvements and adopt the final assessment roll. Motion carried and ordered unanimously. (See page for Contract Modification #1.)

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION
COMMITTEE, RE: 1-800 TELEPHONE ANSWERING AND INFORMATION SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to seek proposals for 1-800 telephone answering and information services; and approve selection committee consisting of the TDC’s Marketing Committee and Tourism Development Director Robert D. Varley. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND AUTHORIZE
CHAIRMAN TO EXECUTE FUTURE AMENDMENTS, RE: COMMUNITY SERVICES
BLOCK GRANT PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Florida Department of Community Affairs for the Community Action Agency in the amount of $75,146; and authorize the Chairman to execute future amendments to the Contract and the budget, contingent upon approval of the County Attorney and/or Risk Management. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION AUTHORIZING PARKS AND RECREATION DIRECTOR TO EXECUTE
GRANT AGREEMENT AND PERMISSION TO ESTABLISH PROJECT BUDGETS,
RE: KELLY PARK AND SPACE COAST COMMUNITIES SPORTS COMPLEX

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution authorizing submission of a 1999 Urban and Community Forestry (U&CF) Grant Application to the Florida Department of Agriculture & Consumer Services for a $10,000 tree planting grant at Kelly Park and Space Coast Communities Sports Complex; and authorize Parks and Recreation Director Charles Nelson to execute the Grant Agreement and establish project budgets if awarded. Motion carried and ordered unanimously. (See page for Resolution No. 99-166.)

AUTHORIZE STAFF TO ACCEPT FUTURE DONATIONS, RE: WETLAND MITIGATION
WITHIN BREVARD COUNTY CARL PROJECT AREAS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize staff to accept future donations for wetland mitigation within the Brevard County CARL Project areas. Motion carried and ordered unanimously.

APPROVE STAFF ASSISTANT II POSITION AND BUDGET CHANGE REQUEST, RE:
SCHOOL CROSSING GUARDS FOR ATLANTIS, RALPH M. WILLIAMS AND
INDIALANTIC ELEMENTARY SCHOOLS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Staff Assistant II position for three (3) additional part-time permanent school crossing guards at Atlantis, Ralph M. Williams and Indialantic Elementary Schools; and approve Budget Change Request funded by the General Fund Contingency. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD EMPLOYMENT AND TRAINING CONSORTIUM,
APPROVE STAFF SPECIALIST III POSITION AND BUDGET CHANGE REQUEST,
RE: SCAT WAGES TRANSPORTATION COORDINATOR

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Brevard Employment and Training Consortium up to the amount of $40,000 for August 1, 1999 through June 30, 2000; approve Staff Specialist III (SCAT Wages Transportation Coordinator) position and operating expenditures; and approve Budget Change Request allocating grant receipts. Motion carried and ordered unanimously. (See page for Agreement.)

AGREEMENT WITH FLORIDA INSTITUTE OF TECHNOLOGY, RE: DEMONSTRATION
OF VIABILITY OF METHANOL AS ALTERNATIVE FUEL IN VEHICLES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Florida Institute of Technology assisting Florida Tech with demonstration of viability of methanol as an alternative fuel in vehicles, with Florida Tech donating two vehicles, and providing fuel and fueling station for County employees to record mileage and other data needed to measure performance of the methanol fuel mix. Motion carried and ordered unanimously. (See page for Agreement.)

TASK ORDER NO. 97-14 WITH GLACE & RADCLIFFE, INC., RE: PARTIAL CLOSURE
OF CENTRAL DISPOSAL FACILITY LANDFILL

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Task Order No. 97-14 to Agreement dated April 29, 1997 with Glace & Radcliffe, Inc. to continue consultant engineering services in preparing design and construction documents for closure of a part of the Central Disposal Facility Landfill. Motion carried and ordered unanimously. (See page for Task Order No. 97-14.)

AUTHORIZE CHAIRMAN TO EXECUTE CONTRACT RENEWALS, RE: UNUM UNIVERSAL
LIFE, CIGNA LONG TERM DISABILITY, VISION CARE VISION SERVICES POLICIES,
AND DELTA DENTAL INDEMNITY AND HMO PLANS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize renewal of UNUM Policy #LAF0227111 and Cigna Long Term Disability Policy #LK8226 with a one-year rate guarantee, Vision Care Policy #FL207074 with a two-year rate guarantee and enhanced contact lens benefit, Delta Dental Group #10-1284 with a two-year rate guarantee for the Indemnity Plan and one-year extension to the rate guarantee for the Delta Care HMO Plans; and authorize the Chairman to execute contract renewals for these policies. Motion carried and ordered unanimously. (See page for Amendment.)

SETTLEMENT OF WORKERS’ COMPENSATION CLAIM, RE: ROBERT WILLIAMS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve settlement for workers’ compensation claim with Robert Williams in the amount of $25,000 for industrial accident on February 23, 1990. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Affordable Housing Council

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to reappoint Laura Ward to the Affordable Housing Council, with term of appointment expiring July 20, 2001. Motion carried and ordered unanimously.

Brevard County Commission on the Status of Women

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to reappoint Jennifer DiCandio to the Brevard County Commission on the Status of Women, with term of appointment expiring June 30, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the Bills and Budget Changes, as submitted. Motion carried and ordered unanimously. (See pages for List of Bills and Budget Changes.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT
REGULATIONS, TO INCLUDE INDUSTRIAL PERFORMANCE STANDARDS

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, to include industrial performance standards.

Assistant County Manager Peggy Busacca stated the item today is an ordinance which would adopt industrial performance standards; this is the first of two required public hearings; it has been to the Local Planning Agency (LPA); its recommendation is that the item be reviewed for an additional 60 days by the citizens; and recommendations from the citizens come back to the LPA before coming back to the Board. She advised there is a second scheduled public hearing which will be August 12, 1999, beginning at 5:01 p.m.

Chairman Scarborough inquired were copies of the proposed ordinance available to the citizens to the greatest extent possible; with Planning and Zoning Director Mel Scott responding affirmatively. Chairman Scarborough inquired are there copies available at this meeting for those individuals who did not get one previously; with Mr. Scott responding staff will make copies available in the back of the room for the public.

H. H. Berry, Gerald Stellenbry, Muriel Considine, Peggy Cross, John Lewis, Mike Stallings, Cathy Stallings, Stuart Kreber, Mary Lynn Johnson, Helen Steinberg, Marjorie Derrick, Heather Moody, and Jan Moody advised of their support for the proposed ordinance establishing industrial performance standards and their opposition of the Oleander Power Plant due to environmental and air quality issues.

Commissioner O’Brien stated the moratorium on power plants ends August 12, 1999 and he would like to make a motion to extend the moratorium for an additional month.

Motion by Commissioner O’Brien, to extend the moratorium on power plants for one additional month.

County Attorney Scott Knox advised the Board would need to amend the Ordinance; it is too late to do that in a timely manner as there need to be two advertised public hearings within a specified lead time for a notice; and the time has elapsed for that.

Ms. Busacca stated there is not enough time to get the item to the Local Planning Agency (LPA) and the Board for two public hearings and do the advertising.

Commissioner O’Brien inquired can the Board make a new moratorium; with County Attorney Scott Knox responding he will review it and report back to the Board.

Donna Rowe advised of her support for extending the moratorium.

Tibby Parker stated Mr. Kendig’s recommendations are very useful; it is up to everyone to work together to carve Brevard County’s future; her firm is a member of the Economic Development Commission (EDC); and it is willing to work together with County staff on a periodic basis and looks forward to a good solution.

Robert Hicks stated the County’s present Zoning Ordinance needs performance standards added to it; however, some of the measures proposed by Mr. Kendig are too drastic; and there has not been enough study done to Brevard County to make some of these changes.

The meeting recessed at 10:31 a.m. and reconvened at 10:56 a.m.

Thomas Berringer stated the County needs to determine what is best for the community; and expressed concern with industrial usage, heavy industry, and more pollution.

Sandy Pfrimmer, representing the Melbourne-Palm Bay Area Chamber of Commerce, stated the Chamber would like to see performance based standards that are logical, credible, and easily understood by architects, engineers, business owners, and those people who will have to follow the new standards; it wants to protect the integrity of the businesses and quality of the neighborhoods, whether zoned industrial, commercial or residential; and there is a good start to this process, but the current document is not a final one and should not be put in place by the County at this time.

Roseann DiPrima, representing members of the Home Builders and Contractors Association of Brevard, requested the Board extend the time line, adding an additional 60 to 90 days to allow sufficient time for local representatives of the area businesses to meet with County staff in an effort to carefully study the standards and compile a list of changes.

Martin Lamb stated there must be a separation between the power plant and the zoning issue; they are not in conjunction; it needs to be accomplished and could be through time; and requested an additional 60 to 90 days to review the documents and submit ideas.

Robert Wellen, representing the Space Coast Development Commission, requested consideration be given to the recent recommendation made by the LPA to consider an additional 60 days until the citizens have had a chance to digest the ordinance, make necessary recommendations, and bring back some positive results.

Craig Bock stated heavy industry has no place in light industrial zoning; it does not make any sense; and requested heavy industry uses be placed in heavy industrial areas with conditional use.

Peter DiLavore, representing Melbourne Area Board of Realtors, submitted a letter from the Board of Realtors advising of certain sections in the ordinance it has problems with; stated there are inconsistencies, including hours of operation and level of noise; and the Board of Realtors would like to have more input.

Attorney Leonard Spielvogel, representing Oleander Power Plant, stated Mr. Kendig has fulfilled his role, helped the County focus, and brought expertise; and it is time to personalize this ordinance and make it fit Brevard County.

Attorney John Harris, representing Brevard Citizens Against Pollution, stated the group reviewed the performance standards and overall believes the standards proposed by County staff and Mr. Kendig are an excellent revision to the existing Codes; however, there are several aspects of the proposed ordinance that remain of great concern to his clients, including the types of uses allowed in the light industrial zoning classification; and requested the Board reconsider the conditional use standards set forth in the performance standards.

Kim Zarillo, representing The Partnership for a Sustainable Future, stated there are some areas where very strict standards and reference standards are incorporated into the ordinance; other areas are not a specific standard and do not relate to another reference; for an ordinance to do its job, there needs to be an acceptable standard; and if the Board considers allowing additional input for the business community, The Partnership would like to participate.

Jack Walker, representing Brevard County Manufacturers Association (BCMA), stated the ordinance does not need to be rushed; it is one of the most significant pieces of Legislation; it is going to impact a lot of things; the BCMA has not had sufficient time to evaluate the ordinance; and he is not sure if the Board has received proper input from the community.

Sharon Earl Burridge inquired has the County included in the ordinance not to let any power plants buy credits to increase the air pollution; with Commissioner Voltz responding affirmatively.

Ned Buffington, representing Brevard County Manufacturers Association, requested additional time to review the proposed ordinance prior to implementation, and find the details to be changed.

Rick Wolfinger, Project Manager of Oleander Power Project, stated the Environmental Protection Agency (EPA) and Department of Environmental Protection (DEP) set up health and safety standards and study it a great deal; and they look at all classes, including people who are the highest risk.

The meeting recessed for lunch at 12:35 p.m. and reconvened at 1:26 p.m.

PUBLIC HEARING, RE: CONSIDERATION OF VESTED RIGHTS DETERMINATION
REQUEST FROM HAROLD FRICKER

Chairman Scarborough called for the public hearing to consider a vested rights determination request by Harold Fricker.

Chairman Scarborough stated Mr. Fricker is requesting the Board continue his item until August 17, 1999.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O’Brien, to continue the public hearing to consider a vested rights determination request from Harold Fricker until August 17, 1999. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT
REGULATIONS, TO INCLUDE INDUSTRIAL PERFORMANCE STANDARDS
(CONTINUED)

Cheryl Palmer stated the details need to be studied carefully and reviewed by people on both sides of the political spectrum; the standards need to be fair and measurable; and the Board needs to look at what it would take to enforce such standards.

Charles Moehle, representing Modern, Inc., stated this ordinance needs to be taken slow and done right; the concept seems to be moving along as being possibly viable; but there are a lot of details that are not good for Brevard County; the Board needs to find a way to divorce this issue from the Oleander Power Plant item; and Brevard County needs to be governed by these standards.

Dorothy Amstadt stated Brevard County needs to do something about the pollution standards as they have become poor and pollution has increased; and if something is not done, the County is going to lose the better businesses.

Maureen Rupe stated the County needs to review the Comprehensive Plan on all expanded zoning, and its impact on surrounding properties; and she supports the concept of performance zoning.

Lillian Banks stated government is like a cancer cell and if the people do not watch it closely, it can destroy them; and the citizens are present today to try to cure this issue with their input and not with pressure from the Board to tell the people what they will do and how they will do it.

Marlene Waters stated she has done a lot of research and sent the County multiple suggestions; a lot of other areas designate light and heavy industry by their technology and what they use to make their product; according to Webster’s Dictionary, the definition of “light” is of little weight, not heavy, and the definition of “heavy” is great weight of great force or intensity; and it is pretty plain.

Clarence Rowe stated he has not had an opportunity to review the industrial performance standards or the ordinance; expressed concern with human health, safety and welfare; advised those issues should be incorporated; and he is concerned about his children and grandchildren, and their quality of life.

Bob Waters requested heavy industrial items be put in the heavy industrial category; urged the Board to make a decision today and move forward instead of postponing it for 60 days; and stated the County has been working on this issue for five months.

Chairman Scarborough advised the Board cannot make a motion to enact today as this is the first of two public hearings.

Discussion ensued concerning heavy industry, limited uses, permitted uses with conditions, noise levels, vibrations, odors, and hours of operation.

Commissioner Voltz stated if the Board waits, it will get a better and more thought out ordinance; and she has a lot of questions and supports delaying the item for 90 days.

Chairman Scarborough suggested the Board schedule a workshop to discuss all the issues. Commissioner Carlson stated she supports tabling the item for 60 days, coming back in a workshop format, and the public hearing following that within 90 days; and it would give staff an opportunity to look at any internal inconsistencies with the ordinance.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing to consider ordinance amending Chapter 62, Land Development Regulations, to include industrial performance standards, for 60 days, to allow the various groups to meet with County staff to discuss all the issues, and the Commissioners submit their comments.

County Attorney Scott Knox stated if the Board wants to do this without readvertising it for two more public hearings, it needs to go forward with the August 12, 1999 public hearing, and at such public hearing, continue it to a time certain.

Commissioner Voltz withdrew the motion and Commissioner Carlson withdrew the second to the motion.

Commissioner Higgs stated the Board is making a real mistake; it has an ordinance with some very good recommendations; she has spent a number of hours discussing it with people in the business community; she understands a number of their concerns; many of those concerns can be addressed; and the Board can move forward on most of the standards in the ordinance. She noted there are some that will have difficulty; but she is uncomfortable not moving forward on the ordinance.

Chairman Scarborough stated the issue can be fully discussed on August 12, 1999; and there needs to be a workshop for the Board to go through the input from the community and give its individual input, if it is going to do something constructive, on August 12, 1999.

Commissioner O’Brien stated as much as he would like to accommodate the business side of the community, first the Board needs to accommodate the affected residents; and he is ready to forward the ordinance to the second public hearing.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to forward the ordinance establishing industrial performance standards to the second public hearing on August 12, 1999 at 5:01 p.m., and schedule a workshop on August 10, 1999, at 10:00 a.m. to discuss it further. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

The meeting recessed at 2:18 p.m. and reconvened at 2:28 p.m.

PUBLIC HEARING, RE: APPROVAL OF CONSOLIDATED ACTION PLAN FOR FY
1999-2000 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME
PROGRAM FUNDS

Chairman Scarborough called for the public hearing to consider approval of Consolidated Action Plan for FY 1999-2000 Community Development Block Grant (CDBG) and HOME Program funds.

Joseph Clark, representing Vietnam Veterans of Brevard, stated he is present to appeal the recommendations from the Community Development Block Grant (CDBG) Advisory Board regarding funding of public service agencies for the coming fiscal year; the Vietnam Veterans of Brevard operates a transitional facility for veterans of all wars and eras; it is a non-profit organization; and the organization was hoping it would get at least what it received last year which was $5,000, but that was not the case.

Rod Smith, Floyd Merckle, Ron Flechtner, Ken Baker, Jim Tuck, Lou Rossi, John Howard, and Alan Thomas, representing the Vietnam Veterans of Brevard, requested the Board’s continued support for funding the veterans transitional facility.

Commissioner Higgs inquired how much is in the CDBG reserve; with Housing and Human Services Director Bernice Jackson responding there is no reserve.

Jeanne Osborne requested the Board’s support for possible use of HUD Section 108 Program funding for the gymnasium at Micco Community Center and the Sharpes Community Center.

Edward Buckner, representing WLC Homeowners Association, stated there is a deterioration in community quality and needs; he believes the Board wants to improve and have a holistic approach on Brevard County when it comes to bettering the conditions; there needs to be support from government officials; and the communities need to be revitalized. He stated there needs to be a comprehensive approach and commitment by the Board to help alleviate crime and other problems at whatever cost; and requested its support for funding the Association and CDBG programs.

Michael McDonald, representing Tropical Park Civic Organization, Inc., stated he is a member of the CDBG Advisory Board; he has a responsibility to allocate funds that the federal government has sent down to help develop the communities; he needs assurances that programs are going to be up and running; and the Advisory Board is committed to doing the right things in the communities. He noted the CDBG Advisory Board did not have all of the information and documentation from the Vietnam Veterans of Brevard saying certain programs will exist; and he supports the Vietnam Veterans, but cannot allocate the funds if it does not have a plan.

The meeting recessed at 3:04 p.m. and reconvened at 3:16 p.m.

Curbie Wynn, Vice President of WLC Homeowners Association, stated there has been a vast improvement to the area due in part to the funds the Association receives through the CDBG Program; it has been of great assistance to the community with the facility and Project STAR; the individuals are becoming computer literate; and any consideration the Board can give to the Association would be greatly appreciated. He requested a commitment from Brevard County to join with the Association in its efforts to better the community for the people who live there.

Clarence Rowe inquired if there are no funds, then why is there an appeal; and stated the Board needs to take into consideration if the CDBG Advisory Board has allocated funds to an organization it deems appropriate based on the documentation, then there should not be an appeal procedure unless other funds come forward through the County’s General Fund. He stated when the County does its budget, it needs to review especially the slum and blight areas and give a helping hand in order to expedite the process; the cost of living is steadily going up and the homeless rate is increasing; the County has a responsibility to the people; it needs to insure that sufficient funds get where they need to go; and his main concern is getting jobs that pay a decent wage so people can become self-sufficient.

Discussion ensued concerning assurances, plans, specifics, General Fund, Alco-Rest, Child Care Association, CDBG public service allocations, consolidation of Community Based Organizations (CBO), CDBG and CAA Advisory Boards or joint meetings, infrastructure, setting goals and objectives, review of priorities, Contingency Fund, and Brevard County Economic Development Assistance Program.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve $5,000 from the General Fund for the Vietnam Veterans of Brevard, Inc., and the organization providing the County with information and documentation showing what the funds will be used for.

Commissioner O’Brien stated he cannot support taking the $5,000 from General Fund; and if the Board starts tapping the General Fund, it is opening Pandora’s Box to any program that comes along.

Commissioner Higgs amended the motion to include that the $5,000 be deducted equally from the top eight Community Based Organizations (CBO) that get over $20,000, and Commissioner O’Brien seconded the amendment. Motion carried and ordered; Commissioner Scarborough voted nay.

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to concur with the WLC Economic Development allocation, and direct staff to bring back a plan on how the $200,000 will be spent. Motion carried and ordered unanimously.

Commissioner O’Brien inquired did the Brevard County Economic Development Assistance Program exist last year; with County Manager Tom Jenkins responding not in Brevard County. Ms. Jackson advised the Program has existed in other areas, with the encouragement from Housing and Urban Development (H.U.D.) and community builders.

Motion by Commissioner Carlson, seconded by Commissioner O’Brien, to direct staff to provide a report to the Board on the cost for playground equipment needed for handicapped individuals at Woody Simpson Park, with the rest of the funds put into reserve. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to proceed with Section 108 which allows the County to move forward on several projects, using National CDBG funds.

Commissioner Carlson stated there are other areas in Brevard County, including Cocoa, that need to be reviewed and brought out of blight conditions sooner; and it will benefit everyone in the long run.

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to amend the five-year Consolidated Plan to include HUD Section 108 Loan Program and bring it back to the Board. Motion carried and ordered unanimously.

Commissioner Carlson stated she previously asked staff how secure are CDBG funds; staff advised her that CDBG has been around for “x” number of years and it does not anticipate CDBG forcing communities into an unnecessarily negative impact scenario; if the County bonds certain things, she is assuming there is going to be a plan in place for the use of such funds before they are allocated; and the debt is going to be coming out of the CDBG allocation the

County receives every year. She noted such debt is going to be a lot less than what the County is currently allocating; there is going to be more discretionary money each year to utilize; and that is why she supports Section 108.

Commissioner Higgs stated increases in construction costs have been 6% for the past several years; the Section 108 Loan Program is at 5.85%; so it is to the positive. Chairman Scarborough stated this is a good deal for everyone.

Commissioner Carlson stated the CDBG, CBO, and CAA need to come together in a joint meeting. Commissioner Higgs stated the Board can put it in the context of joint goal setting and joint planning for priorities in funding. Chairman Scarborough stated it can be sent to the groups for their review and comment.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to send goal setting and planning for priorities in funding to the CDBG, CBO and CAA jointly for review and comment, and return with their comments prior to taking action. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the proposed FY 1999-2000 Brevard County HOME Consortium Consolidated Action Plan, as amended; authorize the Chairman to execute required certifications and two SF-424 Application for Federal Assistance forms; authorize staff to submit the Consolidated Action Plan to the U. S. Department of Housing and Urban Development before the regulatory deadline of August 15, 1999; and authorize the County Manager or his designee to execute CDBG and HOME Program Grant Agreements upon their receipt from HUD, and Disbursement Agreements with the four cities in the HOME Consortium after execution of the Grant Agreement. Motion carried and ordered unanimously. (See pages for Applications for Federal Assistance and Certifications.)

The meeting recessed at 4:30 p.m. and reconvened at 4:41 p.m.

*Commissioner Voltz’ absence was noted at this time.

PUBLIC HEARING, RE: RESOLUTION VACATING EAST RAILROAD STREET IN PLAT
OF AURANTIA - CECIL H. FAIN

Chairman Scarborough called for the public hearing to consider a resolution vacating East Railroad Street in Plat of Aurantia, as petitioned by Cecil H. Fain.

Assistant Public Works Director Ed Washburn stated he and Public Works Director Henry Minneboo met with Mr. Fain and requested he wait until December 7, 1999. He noted staff will readvertise if necessary.

There being no objections heard, motion was made by Commissioner O’Brien, seconded by Commissioner Carlson, to continue public hearing to December 7, 1999 to consider Resolution vacating East Railroad Street in Plat of Aurantia, as petitioned by Cecil H. Fain. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY AND
DRAINAGE EASEMENT IN ATLANTIC GARDENS - HOWARD V. AND MARTHA A.
GREEN (RICHARD J. GREEN)

Chairman Scarborough called for the public hearing to consider a resolution vacating portion of public utility and drainage easement in Atlantic Gardens, as petitioned by Howard V. and Martha A. Green (Richard J. Green).

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution vacating a portion of public utility and drainage easement in Atlantic Gardens, as petitioned by Howard V. and Martha A. Green (Richard J. Green.) Motion carried and ordered unanimously. (See page for Resolution No. 99-167.)

PUBLIC HEARING, RE: RESOLUTIONS FOR ACQUISITION OF BAREFOOT BAY
UTILITY SYSTEM FROM FLORIDA GOVERNMENTAL UTILITY AUTHORITY

Chairman Scarborough called for the public hearing to consider resolutions for acquisition of Barefoot Bay Utility System from Florida Governmental Utility Authority.

Water Resources Director Richard Martens stated the Board needs to convene a meeting of the Barefoot Bay Water and Sewer District; there is a resolution for the Board of County Commissioners and a resolution of the Governing Board of the Barefoot Bay Water and Sewer District.

Chairman Scarborough inquired does the Board have to adjourn this meeting and reconvene; with County Attorney Scott Knox responding the Board can go into session as the Barefoot Bay Water and Sewer District Governing Body.

Chairman Scarborough stated the Barefoot Bay Water and Sewer District Governing Body is now in session.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution of the Barefoot Bay Water and Sewer District; providing staff authorization to take all steps necessary to transfer the Barefoot Bay Utility System from Governmental Utility Authority to the Barefoot Bay Water and Sewer District and authorizing funding to the Barefoot Bay Water and Sewer District from Brevard County for acquisition expenses; authorizing issuance of bonds by the District and authorizing execution of a note by Barefoot Bay Water and Sewer District. Motion carried and ordered unanimously. (See page for Resolution No. 99-001.)

Motion by Commissioner O’Brien, seconded by Commissioner Carlson, to adjourn the session of the Barefoot Bay Water and Sewer District Governing Body. Motion carried and ordered unanimously.

Chairman Scarborough stated the Board of County Commissioners is now back in session.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, giving Brevard County’s notice of intent to exercise rights to purchase Barefoot Bay Water and Sewer facilities under the Florida Governmental Utilities Authority Interlocal Agreement and Indenture of Trust; providing a commitment to issue the County bond; and giving Notice of Intent to withdraw from the Authority pursuant to Section 3.09(a) of the Interlocal Agreement; providing staff authorization to take all steps necessary to transfer the Barefoot Bay Utility System from the Florida Governmental Utilities Authority to the Barefoot Bay Water and Sewer District and authorizing funding to the Barefoot Bay Water and Sewer District from Brevard County for acquisition expenses. Motion carried and ordered unanimously. (See page for Resolution No. 99-168.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT
REGULATIONS, SECTION 62-1901, GENERAL CONDITIONS FOR CONDITIONAL
USE PERMITS

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, Section 62-1901, General Conditions for Conditional Use Permits.

Charles Moehle, representing Modern, Inc., stated Attorney Leonard Spielvogel wrote the Board a letter which included a number of questions; and he was interested in the issue concerning the revocation problems associated with any conditional use permits given to any property and how it is detrimental to the economic and financing of property for people.

Jay Decator, representing The Viera Company, stated he was at the May 20, 1999 meeting and made comments; due to the late hour, the issue was continued and he was asked to put his comments in writing and submit them to the Board; the amendment speaks of having applications for CUP’s address various factors; and among those factors, it talks about noise, odor and glare. He noted The Viera Company would like the Board to consider adding particulates and other emissions among those factors; particulates would include dust, ash or smoke; and other emissions such as odorless, but irritating fumes, can have significant adverse impacts on adjoining properties and should be considered as part of the application. He requested the Board also look at impacts on nearby properties in evaluating specific and general standards and not only the impacts on adjacent properties.

Chairman Scarborough stated Commissioner Voltz would like the item tabled since she had to leave the meeting early.

Commissioner O’Brien suggested Section 1, Chapter 62-1901, Part B, Approval Procedure, should read “As part of the approval of a conditional use permit, the Board may prescribe appropriate ‘reasonable’ conditions and safeguards to reduce the impact.” He noted the next paragraph includes “a reproducible site plan”; and inquired are there two different kinds of site plans and what does it mean. He stated the next page includes “In stating grounds and support of an application for a CUP, it is necessary to show how the request fulfills both the general and specific standards”; and suggested “in an appropriate case” be inserted. He noted Part C states “The proposed use will not cause substantial diminution in value of abutting residential properties, and the Board of County Commissioners carries the burden to show that a substantial diminution in value would occur”; and it has to provide how that is determined, whether it is 5% or 10% reduction in value. Commissioner O’Brien stated Paragraph 2, Part A, Ingress and Egress to Property, states “adequate to serve the proposed use without burdening the adjacent uses”; and there needs to be a better definition of what “burdening the adjacent uses” means. He noted Part 2, B, states “The glare or other odor from the conditional use shall not substantially interfere with the use or enjoyment of the surrounding property”; it is phrased throughout the entire ordinance as “adjacent”; and he is proposing to change the word “surrounding” to “adjacent.” He stated Part D, Refuse and Service Areas, reads “The proposed conditional use shall not cause the adopted level of service for solid waste disposal applicable to the property or area covered by such level of service to be exceeded”; and the Board may want to consider deleting the whole paragraph because it does not make any sense to be in the CUP part. Commissioner O’Brien stated Paragraph D states “The proposed conditional use shall not cause the adopted level of service for potable water or wastewater applicable to the property or the area covered by such level of service to be exceeded by the proposed use”; and the Board may want to look at this again when it comes back up.

Discussion ensued concerning limiting hours of operation, commercial and industrial uses adjacent to residential uses, particulates, modified revocation penalty, site plan considerations, and character of the area.

Commissioner Carlson stated most of her questions are based on the reasonables and unreasonables, and appropriateness of certain things; it is not clear, for the Board can make any absolute decisions; she agrees with some of Commissioner O’Brien’s suggestions which were based on Attorney Spielvogel’s input; but there need to be specific criteria wherever possible to base a decision. She stated The Viera Company also has some good points.

Commissioner Higgs stated the Board needs to send the item back to staff for revisions; a suggestion was made to insert the word “reasonable” on Page 2; but she is not sure that word is good; the sentence says “prescribe appropriate conditions and safeguards”; and it could read “prescribe conditions and safeguards.” She suggested the County not use any kind of modifiers that it does not have to have. She noted Page 4 talks about the effect of vehicles or trucks; it does not talk about damage to the existing roadway system; and it needs to be inserted. She stated Page 6 relates to Modification and Revocation of Penalties; and suggested inserting terminology concerning the encroachment of surrounding neighborhoods.

Chairman Scarborough requested staff take suggestions from Leonard Spielvogel, Charles Moehle and Jay Decatur, put them together, and send copies to Messrs. Spielvogel, Moehle and Decator; and requested the County Attorney have an appraiser at the meeting to educate the Board on diminution of property values.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to continue the public hearing to consider an ordinance amending the general conditions for conditional use permits until August 3, 1999. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADOPTION OF TENTATIVE FY 1999-2000 AD VALOREM
MILLAGES

Chairman Scarborough called for the public hearing to consider adoption of the tentative FY 1999-2000 ad valorem millages.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt the tentative FY 1999-2000 ad valorem millages, as submitted, with one change to the Beach and Riverfront millage from 0.2053 mill to 0.2325 mill. Motion carried and ordered; Commissioner O’Brien voted nay.

Commissioner O’Brien stated he is opposed to the tax increase under Road and Bridge District 4 Beaches MSTU, which is an increase from .5863 to .5866.

County Manager Tom Jenkins stated all the tax rates were below the current tax rate; and what was referenced was above roll back which is a different issue.

STAFF REPORT, RE: SIGN REGULATIONS

Commissioner O’Brien stated page 13 of the draft ordinance says “A maximum of four flag poles shall be permitted for each parcel of land on a public street and only one flag shall be allowed on a flag pole”; the Merritt Island Service Center has three flags on its flag pole, the National, State and County flags; and inquired does the County have to put up two more flag poles to be in compliance with its law.

Chairman Scarborough stated the County may want to change it to allow people to do that. Commissioner Higgs suggested it be changed to clarify it is not intended to preclude the flying of the American, State, County and city flags. Chairman Scarborough stated it needs to be opened up to everyone who is interested, including the libraries.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to forward the draft ordinance on sign regulations to the community for comments and provide such comments to the Board. Motion carried and ordered unanimously.

SECOND AMENDMENT TO AGREEMENT WITH THE NATURE CONSERVANCY,
RE: LAND ACQUISITION AND MANAGEMENT CONSULTANT SERVICES

Motion by Commissioner O’Brien, seconded by Commissioner Higgs, to execute Second Amendment to Agreement with The Nature Conservancy for land acquisition and management consultant services at $166,511 per year. Motion carried and ordered unanimously. (See page
for Second Amendment to Agreement.)

AMENDMENTS TO AGREEMENTS WITH MID-FLORIDA HOUSING PARTNERSHIP,
INC. AND CITY OF TITUSVILLE, RE: HOME PROGRAM COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION FUNDING SET-ASIDE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Amendment to Agreement with Mid-Florida Housing Partnership, Inc. to provide assistance for first-time homebuyers’ down payment and rehabilitation program in the City of Titusville; and authorize the Chairman to execute an Amendment to Agreement with the City of Titusville for the program. Motion carried and ordered unanimously. (See pages for Amendments to Agreements.)

REPRESENTATION BY HOLLAND & KNIGHT LLP, RE: BOND ISSUES AND FISCAL
MATTERS

Commissioner Carlson inquired is there a conflict of interest issue here; with Attorney Hugh Normile, representing Holland & Knight, responding he does not believe there is, but it is a question that County Attorney Scott Knox wanted to bring to the Board to let it be aware of the opinions that have been rendered in this regard. Attorney Normile noted there are some requirements Attorney Knox is suggesting Holland & Knight abide by which it does not find unacceptable.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to consent to Holland & Knight LLP representing private clients in zoning matters before the County Commission where no litigation is involved. Motion carried and ordered unanimously.

ACCEPT AND APPROVE COMMUNITY BASED ORGANIZATIONS CITIZENS ADVISORY
BOARD’S RECOMMENDATIONS, RE: FUNDING NOT-FOR-PROFIT
ORGANIZATIONS FOR FY 1999-2000

Commissioner O’Brien stated the County has added $117,000 to a taxpayer’s giveaway program; it is given to various non-profit organizations throughout Brevard County; the Board previously said the $117,000 would be seed money for matching grants or some other form of seed money; and inquired how much of it is seed money.

County Manager Tom Jenkins stated almost every one of the organizations has additional local funds they contribute and the County participates in a partnership; but it is not the sole funding source for any of these; and if it is seed money, the County is complementing what else they might be doing.

Commissioner O’Brien inquired does the County want to have two forms of funding coming out of government, one by the CDBG Board and one by the CBO’s.

Chairman Scarborough stated he thought there was supposed to be a sharing of information now between the two bodies and they were supposed to know when there was funding coming from the other source, and inquired is it occurring; with Mr. Triggs responding affirmatively.

Commissioner Carlson inquired when a candidate comes in front of the CBO, do it know all of the other additional funding sources that particular candidate has; with Mr. Triggs responding affirmatively. Mr. Triggs advised in their proposal they have to prepare an itemized budget; and it reflects other sources of funding.

Motion by Commissioner O’Brien, seconded by Commissioner Carlson, to direct the Community Development Block Grant (CDBG) and CBO Advisory Boards to hold a joint meeting to discuss their budgets prior to both budgets coming to the Board of County Commissioners, beginning next year. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the recommendations of the Community Based Organizations (CBO) Citizens Advisory Board to fund 26 not-for-profit organizations to receive funding for Fiscal Year 1999-2000 from the $383,000 allocated and the additional $117,000 prioritized for funding Community Based Organizations as directed by the Board on May 4, 1999. Motion carried and ordered unanimously.

PERMISSION TO RESCHEDULE EXECUTIVE SESSION, RE: RUSSEAU VS. BREVARD
COUNTY CASE (PETER CASTANEDA ESTATE)

County Attorney Scott Knox stated the Board had an Executive Session scheduled for today; and requested it be canceled. He noted there is a case that has been certified in the Supreme Court that may affect how the County does the Castaneda case.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to reschedule Executive Session for Russeau vs. Brevard County Case (Peter Castaneda Estate) to July 27, 1999 after the Board Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: STIPULATED SETTLEMENT AGREEMENT WITH OLEANDER POWER
PROJECT, L.P.

County Attorney Scott Knox stated Attorney Spielvogel suggested there is going to be a Stipulated Settlement Agreement submitted to his office this week for consideration by the Board and possible settlement of the lawsuit; and the Board can consider it at a public meeting or an executive session.

Chairman Scarborough stated it needs to be a public meeting and people need to know the issue is being discussed.

Commissioner Higgs stated requested staff be sure, even if the County has to buy an advertisement, that the coverage is there.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 5:45 p.m.

ATTEST:
___________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
__________________________
SANDY CRAWFORD, CLERK

(S E A L)