The Board of County Commissioners of Brevard County, Florida, met in regular session on April 25, 2000, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins and County Attorney Scott Knox.

The Invocation was given by Pastor Michael Gall, First Baptist Church of South Brevard.

Commissioner Sue Carlson led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of January 18, 2000 Regular Meeting and January 20, 2000 Special/Workshop Meeting. Motion carried and ordered unanimously.

RESCHEDULE, RE: MANATEE PROTECTION PLAN (MPP) WORKSHOP

Commissioner Scarborough stated the Board had tentatively scheduled Jacob Stuart from the Orlando Chamber of Commerce to give his presentation concerning the regional study on April 27, 2000 at the Manatee Protection Plan Workshop; last week, the East Central Florida Regional Planning Council heard a presentation by Michael Gallen; it was well received and some of the people who had concerns and questions seemed to be enthusiastic with the regional study; and Mr. Stuart will be writing a letter to Chairman Higgs and suggesting that Michael Gallen come to Brevard County. He noted there is no reason to have Mr. Stuart meet with the Board at 9:30 a.m. on April 27, 2000; and the Workshop can be scheduled at 10:00 a.m.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reschedule the April 27, 2000 Manatee Protection Plan (MPP) Workshop to 10:00 a.m. instead of 9:30 a.m. Motion carried and ordered unanimously.

Commissioner O'Brien stated he hopes the Workshop is completed by 12:30 p.m. as he has to leave at that time.

RESCHEDULE, RE: MANATEE PROTECTION PLAN (MPP) WORKSHOP

Motion by Commissioner Voltz seconded by Commissioner Scarborough, to reschedule the April 27, 2000 Manatee Protection Plan (MPP) Workshop to 9:00 a.m. instead of 10:00 a.m. Motion carried and ordered; Commissioner O'Brien voted nay.

PERMISSION TO EXERCISE SECOND YEAR OPTION WITH A&E MACHINE, INC., RE: BID #B-5-9-56, DRAWBRIDGE MAINTENANCE AND REPAIR

Commissioner O'Brien requested Item III. A. 4., Permission to Exercise Second Year Option with A&E Machine, Inc., Re: Bid #B-5-9-56, Drawbridge Maintenance and Repair, be pulled from the Consent Agenda.

APPROVAL OF POLICY BCC-56, RE: BUDGET AND FINANCIAL POLICY

Commissioner Carlson requested Item III.D. 2., Approval of Policy BCC-56, Re: Budget and Financial Policy, be pulled from the Consent Agenda.

DISCUSSION, RE: WILDFIRE IN PALM BAY

Commissioner O'Brien stated there was a wildfire in Palm Bay yesterday; and he would like Chief Bill Farmer give the Board a five-minute rendition of what the conditions are like and if the County lost any structures.

Chairman Higgs stated perhaps an update can be given at the end of the meeting.

RESOLUTION, RE: PROCLAIMING INDEPENDENT LIVING WEEK

Commissioner Scarborough read aloud a resolution proclaiming the week of May 1 through 7, 2000, as Independent Living Week; and presented it to Jan McCarter, representing Brevard TRIAD and Retired Senior Volunteer Program, and Katie Maloney, representing the State Attorney's Office.

Jan McCarter stated Independent Living Week is many of the organizations in Brevard County and TRIAD working to improve the quality of life of seniors; they are going to do surveys next week to make sure seniors homes are safe and secure; Lowe's has donated funds for materials and Boeing has given TRIAD a sizeable grant to take care of the materials; and the work will be done by Community Services Council staff who do the Senior Assistance Program.

RESOLUTION, RE: PROCLAIMING INDEPENDENT LIVING WEEK

Program. She advised this is an opportunity for low income people to get those things needing to be done in the home free of charge; and TRIAD is an organizational group brought together by law enforcement in Brevard County, State Attorney's Office, and organizations serving seniors in Brevard County. She stated the Community Services Senior Helpline telephone number is 631-2747.

Commissioner Scarborough stated with the encouragement of TRIAD, the Board has instituted new initiatives; and for the first time, Brevard County is recognizing the tremendous unanswered needs of seniors.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution proclaiming May 1 through 7, 2000, as Independent Living Week in Brevard County, and paying special tribute to the sponsors and volunteers who are involved including Brevard County TRIAD, Boeing Company, Community Services Council, Lowe's of Titusville and Melbourne, AT&T and American Association for Retired Persons (AARP). Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING AUTISM AWARENESS WEEK

Chairman Higgs read aloud a resolution proclaiming the week of April 23 through 29, 2000, as Autism Awareness Week in Brevard County; and presented it to Bette Jones, representing Hidden Potentials.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution proclaiming the week of April 23 through 29, 2000, as Autism Awareness Week in Brevard County, to remind the general public of the difficulties autistic children go through and the difficulties that parents, caregivers, health care workers and others go through in their efforts to educate and care for these children. Motion carried and ordered unanimously.

Bette Jones expressed appreciation to the Board for the Resolution; stated there have been many improvements in the awareness of autism spectrum disorders and medical treatments available; however, until prevention strategies are in place and not one child in Brevard County is diagnosed to be autistic, she will be here each year to remind the Board of the terrible consequences of this disease and to ask it to proclaim the last week in April as Autism Awareness Week. She advised autism is a neurological disorder of the brain that changes a happy child into a withdrawn, unhappy and uncommunicative child; and introduced Cathy Clinton, a parent of an autistic child; and showed a video presentation of Ms. Clinton's oldest child, Tristin, who suffers from autism, and his progress.

RESOLUTION, RE: PROCLAIMING AUTISM AWARENESS WEEK

Ms. Jones stated hopefully the next time she appears before the Board, there will be prevention strategies to reduce the number of children in Brevard County that become autistic; and in the meanwhile, Hidden Potentials will continue efforts to inform the Board and Brevard County residents about autism spectrum disorders.

Chairman Higgs stated the Board appreciates the wonderful work that so many people in the community are doing concerning autism.

RESOLUTION, RE: SUPPORTING WORLD WAR II VETERAN'S MEMORIAL

Commissioner O'Brien stated at the beginning of World War II, the United States was totally unprepared for war; unfortunately, the soldiers were given weapons that did not work properly and the uniforms were not appropriate; hopefully, America will not forget that lesson in history; and it should always remain strong. He noted there were women in World War II; the ones who were captured faced a very brutal life for approximately four and a half to five years in the Japanese prisons; many committed suicide; his father-in-law was a Colonel who started fighting in New Guinea with the American Infantry; and his father served 33 years in the United States Army.

Commissioner O'Brien read aloud a resolution supporting the purposes of the Florida World War II Veterans Memorial Acts; and presented it to William Connor, Chairman of Brevard Council of Veterans Memorial.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution supporting the purposes of the Florida World War II Veterans Memorial Acts. Motion carried and ordered unanimously.

William Connor expressed appreciation to the Board for the Proclamation, and accepted it on behalf of the American men and women who fought the enemy in World War II; stated many did not come home and some came home with limbs and body parts missing; and they came home with wounds and scars for life. He stated they were able to win the war; and it was a cooperative effort with nearly every able-bodied person involved.

FINAL PLAT APPROVAL, RE: PINEDA CROSSING, PHASE 5

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Pineda Crossing, Phase 5, subject to minor changes if necessary, and receipt of all documents required for recording, with Board approval of the project not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: INITIAL ASSESSMENT FOR EVERGREEN WATERLINE MSBU FOR PINETOP BOULEVARD/OSPREY COURT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Initial Assessment Resolution ordering the acquisition and construction of assessable improvements consisting of construction of a potable water system including all pertinent facilities, all within the unincorporated area of Brevard County, Florida, District 1, known as the Evergreen Waterline Municipal Service Benefit Unit; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; notice of the Board's intent to impose the assessments; determining real property abutting upon or adjacent to said assessable improvements will be specifically benefited by the construction of said improvements and the portion to be assessed against specially benefited abutting or adjacent real property; determining and providing for the manner and method of computing such special assessments; providing for the publication of this Resolution; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH FEC RAILWAY COMPANY, RE: LEASE OF SPACE FOR STREET ENCROACHMENT AT MP 168+1111'? (CITY POINT)

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution and execute Renewal Agreement with Florida East Coast Railway Company for lease of space for street encroachment at Mile Post 168+1111'? (City Point). Motion carried and ordered unanimously. M

REJECT PROPOSALS, AUTHORIZE REVISED PROPOSALS, AWARD OF BEST RANKED PROPOSAL, AND EXECUTION OF CONTRACT, RE: #P-2-0-19, LANDSCAPING PROJECT, PHASE 1

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to reject proposals submitted for Proposal #P-2-0-19, State Road 405/US 1 Landscaping Project; authorize staff to re-solicit competitive proposals, award the best-ranked proposal, and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 WITH ADVANCED HURRICANE PROTECTION, INC., RE: SCHOOL BOARD HURRICANE SHUTTERS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 3 with Advanced Hurricane Protection, Inc., increasing Contract amount by $16,698.00 for the installation of hurricane shutters at various schools. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH JAM CONSTRUCTION SERVICES, INC., RE: LONG POINT PARK BATHHOUSE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 2 with JAM Construction Services, Inc., increasing Contract amount by $7,047.86 for construction of a bathhouse at Long Point Park, Melbourne Beach. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID AND EXECUTE CONTRACT, RE: FIRE STATION #44 IN COCOA

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to bid construction of Fire Station #44 in Cocoa, award the bid to the lowest qualified bidder, and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: 695 S. BANANA RIVER DRIVE, MERRITT ISLAND

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to reduce accrued Code Enforcement fine at 695 S. Banana River Drive, Merritt Island for Case #96-1993 from $14,525.00 to the reduced sum of $861.00; and authorize staff to prepare and execute release and satisfaction of lien upon receipt of payment. Motion carried and ordered unanimously.

RE-ELECT/ELECT COMMUNITY REPRESENTATIVES, RE: COMMUNITY ACTION AGENCY ADVISORY BOARD

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint Shirley R. Brown, 815 Juniper Lane, Melbourne, Florida 32901, Linda Graham, 3711 Crossbow Drive, Cocoa, Florida 32926, and reappoint Fannye Faye Johnson, 1441 Lark Court, Titusville, Florida 32780, to the Community Action Agency Advisory Committee, with terms of appointments expiring March 17, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: CHANGES TO WEST MELBOURNE PUBLIC LIBRARY ADVISORY BOARD BY-LAWS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve changes to the West Melbourne Public Library Advisory Board By-laws, changing Meadowlane to West Melbourne, number of members appointed by Districts 3 and 5 Commissioners, and term of appointment, as recommended by that Library Board. Motion carried and ordered unanimously.

LEASE AGREEMENT #4263 WITH STATE OF FLORIDA, RE: MANAGEMENT OF MICCO SCRUB AND GREIDER PROPERTIES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Management Lease Agreement #4263 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, for management of the Micco Scrub and Greider properties within the Brevard Coastal Scrub Ecosystem CARL project; and authorize EELs Program to pay the annual administrative fee of $300. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO PURCHASE OF SERVICE AGREEMENT WITH SENIOR RESOURCE ALLIANCE, RE: SCAT VOLUNTEERS IN MOTION PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment No. 1 to Contract #41499-1 with Area Agency on Aging of Central Florida, Inc. dba Senior Resource Alliance for the SCAT Volunteers in Motion Program, increasing the amount to $125,000 for July 1, 1999 through June 30, 2000. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING CRITERIA FOR WATER AND SANITARY SEWERAGE SYSTEMS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution amending the Criteria for Water and Sanitary Sewer Construction design and construction standards. Motion carried and ordered unanimously.

AGREEMENT WITH SEVERN TRENT-AVATAR UTILITY SERVICES, LLC, RE: DATA MANAGEMENT AND BILLING SERVICES FOR WATER AND SEWER SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Severn Trent-Avatar Utility Services, LLC to provide data management and billing services for the Barefoot Bay Water and Sewer System. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, EXECUTE CONTRACT, AND TRANSFER FUNDS, RE: RENOVATION OF CONVEYOR AT SOUTH-CENTRAL REGIONAL WASTEWATER TREATMENT PLANT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to bid, award bid to lowest responsive bidder, execute a contract, and transfer funds for renovation of the conveyor system at the South-Central Regional Wastewater Treatment Plant. Motion carried and ordered unanimously.

CONTRACT AMENDMENT WITH ATLANTIC ORTHOPAEDIC, RE: SOUTH/CENTRAL AREA OCCUPATIONAL PHYSICAL EXAMINATIONS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract Amendment with Atlantic Orthopaedic extending existing Contract for South/Central Area occupational physical examinations to September 30, 2000. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNUAL FINANCIAL AUDITS OF BOARD OF COUNTY COMMISSIONERS AND COUNTY OFFICERS, COMPREHENSIVE ANNUAL FINANCIAL REPORT, AND CITIZENS FINANCIAL REPORT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of Annual Financial Audits of Board of County Commissioners and County Officers, Comprehensive Annual Financial Report, and Citizens Financial Report for the Fiscal Year which ended September 30, 1999. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SEBASTIAN INLET TAX DISTRICT COMMISSION'S FINANCIAL STATEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of the Sebastian Inlet Tax Commission's Financial Statements for the period beginning October 1, 1998 and ending September 30, 1999. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT FOLLOW-UP OF CENTRAL FLEET SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of the Internal Audit Follow-up of Central Fleet Services. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF FACILITIES CONSTRUCTION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of the Internal Audit of Facilities Construction for the period of October 1, 1997 through March 31, 1999. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Bills and Budget Changes. Motion carried and ordered unanimously.

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

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

Commissioner Scarborough stated he spoke with Cynthia Fogle yesterday regarding the item, and inquired if she has anything further to add.

Cynthia Fogle, representing Public Works Department, responded staff is in favor of approving the vacating.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating East Rail Road Street in Plat of Aurantia, as petitioned by Cecil H. Fain. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: UTILIZATION OF COUNTY FORCES FOR CONSTRUCTION OF DRAINAGE IMPROVEMENT PROJECTS

Chairman Higgs called for the public hearing to consider utilization of County forces for construction of drainage improvement projects.

PUBLIC HEARING, RE: UTILIZATION OF COUNTY FORCES FOR CONSTRUCTION OF DRAINAGE IMPROVEMENT PROJECTS

County Manager Tom Jenkins advised this is a formality to allow Road and Bridge Construction to do the work.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to approve Brevard County Road and Bridge Construction to perform the necessary services for the construction of Eau Gallie River culvert project at Wickham Road in District 5 for an estimated cost of $465,000, and Parkway Ditch/Horse Creek drainage improvement project in District 4 for an estimated cost of $350,000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION FOR JDS UNIPHASE BROADBAND PROJECTS, INC.

Chairman Higgs called for the public hearing to consider ordinance granting economic development ad valorem tax exemption for JDS Uniphase Broadband Projects, Inc.

Commissioner O'Brien stated the Company intends to employ 600 workers, averaging approximately $44,900 each; and this is what the Program is all about.

Chairman Higgs stated she will vote against all of the economic development tax abatements that are before the Board today as she is philosophically opposed to granting these types of exemptions.

There being no further comments heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Ordinance granting an economic development ad valorem exemption to JDS Uniphase Broadband Products, Inc. located at 1110 and 1120 West Hibiscus Boulevard, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by JDS Uniphase Broadband Products, Inc.; and providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION FOR MID-FLORIDA STEEL CORPORATION

Chairman Higgs called for the public hearing to consider ordinance granting economic development ad valorem tax exemption for Mid-Florida Steel Corporation.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION FOR MID-FLORIDA STEEL CORPORATION

Motion by Commissioner Carlson, to deny ordinance granting economic development ad valorem tax exemption for Mid-Florida Steel Corporation. Motion died for lack of a second.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Ordinance granting an economic development ad valorem exemption to Mid-Florida Steel Corporation located at 370 Cox Road, Cocoa, Florida 32923; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Mid-Florida Steel Corporation; and providing an effective date.

Commissioner Scarborough stated he spoke with Greg Lugar yesterday; the County readdressed some of the guidelines; and requested Mr. Lugar address the issue.

Economic Development Director Greg Lugar stated the Board changed the points from six points to four points that a company may receive if they are paying between the average which was a little over $26,000 to the next category which would be $32,666; the Board eliminated the capital investment starting point from zero and raised it to $150,000 to $1 million; if the company were to expand within that category, they would receive one point; and anything below $150,000 would receive no points. He advised the Board voted to eliminate two separate categories for receiving points in the total exemption area; it eliminated the four to five-point category which would provide 40% exemption at four years; it eliminated the six to eight-point category which would provide an exemption of 50% for five years; and the company would have to get a minimum of nine points prior to receiving any kind of a tax abatement at six years. Mr. Lugar advised the Board made a general policy guideline that states if a company comes to Brevard County and they have a reason or documentation that the company is going to be a magnet for other types of businesses they will deal with, it will go beyond its guidelines accordingly, based on the information that is provided; and the Economic Development Council (EDC) had asked the Board to consider this as a consideration for adjusting its guidelines at that time which was adopted also. He stated Mid-Florida Steel adds up to nine points and would be right at that base threshold of being qualified under the guidelines the Board adopted last week.

Commissioner Scarborough stated Commissioner Carlson previously made a motion to deny the ordinance, and inquired what was her reasoning. Commissioner Carlson responded this was the item the Board postponed until it talked at the workshop; and based on the outcome of the workshop, she did not think it was appropriate to go forward with a marginal project like this.

Commissioner Voltz stated it meets the new guidelines; and the County needs to take care of the companies that are already in Brevard County also so they can expand.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION FOR MID-FLORIDA STEEL CORPORATION

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

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 10, ARTICLES II AND III, AND FEE RESOLUTION FOR SPECIAL EVENTS PERMITS

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 10, Articles II and III, and fee resolution for special events permits.

William Moening, representing Blessed Sacrament Catholic Community, stated they are in favor of the proposed revisions to the ordinance; on page 5, section 6, subparagraph (a) states, "It shall be unlawful for any person to erect or cause to be erected, etc."; and inquired does a special event permit have to be in hand when someone begins setting up the rides. He noted page 6, section 7, subparagraph (a), the last part of the new language reads, ". . . a complete electrical layout of the proposed activity"; stated a complete electrical drawing showing the location of all wiring, including the ride company's generators, is not sent in with the application; and a ride company would not have that data until they begin to set up, which is way past the time the application is sent to Viera; and inquired how do they comply with this provision.

Building Director John Smith stated electrical layout needs to be completed so County staff can verify through plans review or review of the application that it is going to be applicable to what they are doing.

Commissioner Voltz inquired what is done now. Mr. Smith responded the County requires individuals to turn in an electrical layout plan now; staff is looking for the detail of where the source of electrical power is located and how someone is going to get the source of the power to the units that are going to be run; and they can identify the area that the rides are going to be in and where they are going to get their source of power.

County Manager Tom Jenkins inquired if the language can be changed to reflect what Mr. Smith is saying; with Mr. Smith responding affirmatively.

Mr. Moening stated page 7, subsection (b), the language includes ambulance service in or around the event, and inquired if they need to have a unit on location at all times; with a staff representative of the Building Department responding it would be determined when Fire Rescue/Public Safety reviews the permit application. Mr. Moening stated page 9, section 10-38, includes the permit fee; there is no indication about other fees as listed in the resolution which goes with the ordinance; he talked to County staff previously and indicated that all fees are waived; but the waiver only states the language "permit fee"; and the resolution says $36.00 permit fee.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 10, ARTICLES II AND III, AND FEE RESOLUTION FOR SPECIAL EVENTS PERMITS

Chairman Higgs stated Mr. Moening's question is whether it is just the permit fee or all of the provisions of the ordinance; with Mr. Smith responding it is all the provisions of the ordinance.

Mr. Jenkins advised staff can clean up the language to make it clearer.

Mr. Moening stated page 15, section 10-43, includes, ". . . where the proposed activity is greater than 1,000 patrons"; and inquired is it a total attendance or a constant attendance as indicated earlier in section 10-37. Mr. Smith stated staff will review the language. Mr. Jenkins stated it is at that moment in time. Mr. Moening stated with those issues being addressed, they recommend the ordinance be approved.

Commissioner O'Brien stated page 13, Tents, part A says, "Sales tents may be erected temporarily on commercially-developed property or on vacant commercially-zoned property adjacent to commercially-developed property for a period not to exceed more than four consecutive weeks and for not more than six times a year"; that is 24 weeks a year which is six months a year to have temporary tents selling things; he cannot buy off on it; and he supports language for a period not to exceed more than four weeks annually.

Commissioner Carlson inquired how were tents accommodated in the Ordinance previously. A staff representative from the Building Department responded when someone erects a sales tent they are only allowed to have the tent on the property for four weeks; the problem the County was having was with the seasonal sales events for Christmas trees, Valentines Day flowers, pumpkins, and fireworks; and representatives from car dealers and malls requested the County increase the time frame so they could have more events per year.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to revise language on page 13, Tents, part A, to include sales tents being erected four weeks out of the year. Motion carried and ordered unanimously.

Chairman Higgs stated a motion is needed to adopt the ordinance with the changes previously discussed.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Ordinance of Brevard County, Florida, amending Chapter 62, Article VI, Division 6, Subdivision 1, Code of Ordinances of Brevard County, Florida; specifically repealing Section 62-2120, Revival Meetings, and Section 62-2126, Temporary Sales Tents; amending Chapter 10, Article II, Amusement Rides, Devices and Games, and Article III, Festivals, Code of Ordinances of Brevard County, Florida; renumbering and redesignating Section 10-26, to provide Intent; creating Section 10-27, Definitions; creating

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 10, ARTICLES II AND III, AND FEE RESOLUTION FOR SPECIAL EVENTS PERMITS

Section 10-28, Penalty; creating Section 10-29, Appeals; amending Section 10-36, Required; amending Section 10-38, Fees; amending Section 10-39 to provide for Parades and Block Parties; amending Section 10-40 to provide for Fireworks Displays; amending Section 10-41 to provide for Tents; creating Section 10-42, Indemnification and Insurance; creating Section 10-43, Cash Performance Bond; amending and renumbering Section 10-52, Electrical, Structural, Building and Safety Requirements; renumbering Section 10-54, Treatment of Animals; renumbering and amending Section 10-55, Setbacks; renumbering and amending Section 10-56, Emergency Services Requirement; repealing Sections 10-51, Compliance; amending and renumbering Section 10-53, Public Health Requirements; amending and renumbering Section 10-76, Definitions; renumbering and amending Section 10-78, Compliance with Other Laws; deleting Section 10-79, Exception; renumbering and amending Section 10-80, Occupational License Required; deleting Division 2, Permits; 10-91, Required; No Deviation from Approved Plans; 10-92, Application-Submittal; 10-93, Same - Required Plans, Documents, Information, Minimum Acceptable Conditions; 10-94, Misrepresentation of Fact; 10-95, Fee; 10-96, Cash Cleanup Bond and 10-97, Revocation; providing for conflicting provisions; providing severability; and providing for an effective date, as amended. Motion carried and ordered unanimously.

DISCUSSION, RE: DOGS ON BEACHES

Barbara Moses advised of her support for allowing dogs on the beach; she has been walking her dog on the beach for over 12 years; during that time, she has not seen but a few people that were irresponsible and not taking care of their dogs; what she has seen on the beach are beer bottles and cigarette butts left by man and not dogs; if she happens to come upon a dog mess, she has a bag and pooper scooper to pick it up; and so far there have been no problems.

Mary Peth, representing Cocoa Beach Concerned Citizens, requested the Board keep the ban in effect, which has been since 1970; she has seen the increase of people moving to the area and tourism; she has also seen dogs running loose and one person on a bicycle being attacked by a dog; and some individuals who bring their dogs to the beach are irresponsible and do not clean up after them.

Nancy Cuddy, representing Cocoa Beach Concerned Citizens, stated she concurs with Ms. Peth's comments; they forwarded a complaint form to Chairman Higgs; Brevard County has beautiful beaches; and she enjoys Cocoa Beach and the beautiful area, but by endorsing this program, Brevard County would be taking a step back. She noted there is an inadequate amount of policemen to enforce the laws of the State, let alone enforce the laws of the beach; and the ban should stay in force to keep the beaches clean, safe and beautiful.

DISCUSSION, RE: DOGS ON BEACHES

Dr. John Hooley stated he walks on the beach and sees dogs running loose; he never sees a policeman on the beach; he has been on beaches in Mexico where dogs run loose; the beach is occasionally contaminated by dog excrement; and it ruins a pristine beach. He noted when dogs do their business on the beach, they are apt to leave parasites that children and adults can be infected with; people need to pay attention to it; and in view of tapeworm and other parasites, and bad effect of fecal material spreading diseases to human beings, dogs should be kept off the beach.

Cordy Lavery stated she is a dog and cat owner; she walks her dog on a leash and cleans up after him; and she is totally against allowing dogs on the beaches. She noted they cannot get the homeowners in her development to effectively clean up after their dogs when they walk them on the streets or the sidewalk; she does not see how Brevard County is going to enforce keeping the beaches clean; the beach is for people; and not all dog owners clean up after their dogs. She expressed concern with feces being left on the beach, and having germs and bacteria growing in the sand.

Richard Weronik expressed strong disapproval of the proposed change in the current ban on dogs on the beaches; and requested the Board reject the proposal today. He stated dog owners ignore the laws; the residents of Aquarina are against the proposal; Dr. Joseph Ward lists 22 diseases that can be transmitted to humans from dogs which can incubate or survive in beach sand prior to infection; there is the potential rabies risk from dog bites, the risk of dog vs. dog attacks, and intimidation of citizens using the beaches; enforcement is difficult; and there is an environmental issue impacting on dogs with dogs unnesting marine turtles. He noted Dr. Ward also indicated that experience by the Parks and Recreation Department allowing dogs in parks indicates that dog owners often allow their animals off their leashes to run free in the parks, and clean up of feces is nearly non-existent, despite the requirement that dog owners clean up feces; this is contained in a report to the Board on dogs in parks, dated April 19, 1995; another report was issued regarding dog bites in the area from September, 1996 through September, 1999, which were 100 dog bites; and requested the Board not invite more dog bites to the people on the beach. Mr. Weronik submitted letters and petitions to the Board in opposition to the proposal.

Bob Schuett stated he owns a dog and lives on the beach; his dog does not belong on the beach, nor does any other dog; and requested the Board reject the proposal due to dogs digging up turtle nests and crabs, dog feces and urine on the beach which is a source of bacterial infections and parasites, and dog owners not cleaning up after their dogs. He noted he does not know how Animal Services and Enforcement is going to cope with this problem if the Board passes the proposed change, as the Department cannot cope with it now; the proposed change would encourage dog owners from Indian River and Volusia Counties, which now ban dogs from the beach, to come to Brevard County; people will not obey the law in this respect; and requested the Board take action to reject this ordinance.

DISCUSSION, RE: DOGS ON BEACHES

Mrs. R. Bojerski stated she is a dog owner and visits the beaches; she would be glad to have her dog walk with her on the beach; children urinate and defecate and the mothers do not pick it up; and she has seen diapers on the beach. She noted dog owners carry feces bags to pick up after their dogs; she supports having dogs on beaches; and she does not believe the dogs are going to harm anything if they have responsible owners.

Ed Neumann, representing South Beach Condo Association, stated he has copies of the staff reports; they have a small condominium association with four units; most of the units are rented by seasonal people who are elderly; in the six years he has been there, he has seen two dog bites to elderly people; and they have come back from their walks talking about intimidation from dogs on the beach. He advised they have called Animal Services and Enforcement numerous times; their response is that they do not have the staffing to come on the beach; and the Sheriff's Patrol has witnessed dogs on the beach and talked to their owners, but never issued a citation, as it is Animal Services and Enforcement Department's responsibility. Mr. Neumann stated the Department is putting the responsibility on the homeowners by giving them affidavits; they are asked to photograph the animal and trace it down to where it lives; the homeowners are asked to do all the work; and it is detrimental to have dogs on the beach. He noted a report by Dr. Heshmati, the County's Health Department Director, states, "I was asked to comment about bringing dogs and other pets on the beach. Animal feces and excretions such as dogs contain pathogens, including bacteria, viruses and parasites that can cause infection in humans through skin or hand contact. Therefore, my recommendation is to avoid animals being on the beach area for the safety of the public." He requested the Board not pass the ordinance; and submitted a petition signed by 26 members of the Turtle Bay Association in opposition to the proposed ordinance.

Keith Howard stated he represents 70 dog owners in the South Beach area; the information the Board has been getting from staff is one-sided; the negative support seems to be coming from people who are not in the affected areas; and the people in the Melbourne Beach area have a different view. He stated his group has put together responsible and sensitive proposal; and based upon the fact that 25 out of 35 coastal counties in the State of Florida have an ordinance equal or similar to the proposed ordinance, and there is not an overabundance of problems on A1A, it is only fair a trial period be offered if the Board cannot overcome some of the prejudice given by the opposition.

Robert Tinsley stated he is present to speak on behalf of the proposal to give some access to dog owners and their pets; he recalls an instance of a woman who was walking on the beach after dark and was sexually assaulted; and if she had had a dog with her, the assault may not have taken place. He noted as for the health aspect, he would be interested to know if there has ever been a documented case in Brevard County of a human getting hookworm or tapeworm as a result of dogs being on the beach; he goes to Flagler County to enjoy the beach with his dog; and a great many people go there because they can take their dogs on the beach.

DISCUSSION, RE: DOGS ON BEACHES

Arthur Giroux, representing Jamestown Condominium Association, stated he represents 144 owners at the Association located in Indian Harbour Beach; and expressed concern about the health hazard and the danger of a loose animal attacking people. He advised of the Association's opposition to the proposal.

Diana Lynn stated she represents over 200 Indialantic residents who signed a petition in support of allowing dogs on the beaches. She noted instead of allowing pets on any and all public beaches, she proposes three sets of one-mile beach specifically designated as "doggy beaches"; and with 72 miles of beaches in Brevard County, this would leave 69 miles virtually guaranteed animal free beaches for those residents that are opposed to this. She stated in San Diego County, they have a designated doggy beach area every 20 miles; they are in non-highly populated areas and in non-turtle areas; and at these locations, parking meters are set in place and charge a higher amount than meters in other areas which provide ample funds to maintain and regulate these areas. Ms. Lynn stated as a citizen of Brevard County since birth, she would like to offer her time and efforts to assist in a compromise to appease all concerned.

Brian Sculthorp stated he is a resident of the South Beaches and is opposed to dogs being allowed on the beach; he does not believe all dog owners will clean up after their dogs or keep them on a leash; it is very difficult to enforce or police such rules; and dog owners from other parts of Brevard and Indian River Counties where dogs are not allowed will be encouraged to use the South Beaches. He noted this must have an affect on the County's pristine beaches and their value as the largest sea turtle nesting area in the Northern Hemisphere; the current laws banning dogs from the beach are not effectively enforced; while jogging on the beach recently, his father-in-law was bitten by a dog not on a leash in the South Beaches; and allowing dogs on the beach is not in the public interest and will put families at risk.

David Thompson stated he is a resident of the South Beaches; he has heard some very positive proposals about how to accommodate two widely differing points of view; the Board has heard a litany of horror stories and speculations about the dangers of dogs and health risks they represent; and perhaps the County could add to the dogs on the beach proposition a seasonal limit as to the time, such as the period during sea turtle nesting. He noted he is a dog owner and would love to be allowed to walk his dog on the beach; the development he lives in is spotless; in 30 units, there are 12 dogs; and he has never stepped in any of their deposits. He stated this terrorist language that says the dogs are going to kill small children, bite people, cause sickness, and run rampant is an over statement; there are many responsible dog owners; suggested a dog owner need a license to take their dog on the beach; requested the Board give this a trial period with a deadline of maybe one year to revisit to see if all these horrors that have been presented actually come to pass; and stated he suspects they will not.

DISCUSSION, RE: DOGS ON BEACHES

Carol Tobin stated she is totally opposed to dogs on the beach; she has not heard anybody mention the potential for lawsuits against the County if someone is bitten or if an elderly person is seriously worried and sickened by the threat of a dog, whether it is on a leash or not; she is very afraid of dogs; and loves to walk the beach.

Sy Rosen stated he lives in Floridana Beach; the last time he was here he thought what he told was a heartwarming story of his dog helping to save a turtle nest; he feels violated that his words would be twisted and taken out of context by a government agency to make it appear that he allowed his dog to dig up turtle nests; and his dog did not destroy a nest, but helped save a nest. He noted he would never allow his dog to do anything detrimental to the beach, nor would any dog owner he knows; and he walks his dog along vacant lots before going to the beach to make sure he does not do anything on the beach, so there is no need to pick up after him.

Jerry Isaacs stated he is opposed to allowing dogs on the beach; the Board has heard all the reasons for opposition; he walks the beach a lot; and he believes there are more irresponsible owners than responsible owners. He noted enforcement of letting dogs on the beach is impossible.

Rodney Kincaid stated he and his wife built a beach home in 1978 which is approximately 10 miles north of Sebastian Inlet; there are problems of dogs attacking; he has also seen a dog with a sea turtle in its mouth; and dogs immediately go for the shorebirds and pelicans that stop occasionally to rest on the beach between fishing. He advised that Animal Services and Enforcement does not have the manpower to enforce the proposed ordinance if passed.

Jerry Tobin stated he is not against dogs and loves them; millions of dollars are spent on the beaches for the benefit of people; dog owners have the rest of the world to walk their dogs other than the beach; and allowing dogs on the beach will take away enjoyment of the beach of the people and their families. He noted he does not know what good a trial period does; and he does not see how the Board can consider allowing dogs on the beach.

John Collins stated he owns a working and therapy dog; the dog goes to care centers every week and provides comfort to a lot of people; he and his neighbors are in favor of a trial period where a portion of the beach is open for a certain time frame in the morning and afternoon for people to walk their dogs responsibly on a leash; and they would appreciate the Board considering this trial period.

Hugh Atnip stated he owns a border collie and the dog needs a lot of space to run; he drives around the County and looks for fields; dogs need to run; and they are man's best friend. He advised of his support for allowing dogs on the beach or a park somewhere.

DISCUSSION, RE: DOGS ON BEACHES

Reverend Rosemarie Lewis stated their dogs are their best friends; she lives 75 yards from the beach and goes down to the beach every morning to clean it up; she has never seen dogs running loose digging up turtle nests; and she is a turtle enthusiasts. She expressed concern about the safety of women in Brevard County who are subjected to sexual harassment from wandering tourists; she has been approached many times by unwanted people who have bothered and harassed her; and if it had not been for her dog being with her over the 12 years she has been cleaning up the beach, she wonders if she would have been a victim of rape. She noted there were four rapes in her town in January, 1999, along the beach; and if those women had their dogs with them, perhaps they would not have been raped. Reverend Lewis stated dogs should be licensed for beach enjoyment as it would bring money for Brevard County; last year, she had to go to court for a second degree misdemeanor because she had her dog on the beach; it cost her $1,500 to defend herself; Judge Silverman found her not guilty; and this is how absurd this law has gone. She noted the Board needs to review the Ordinance and update it to allow dogs in an isolated area so not to bother the people that are dog phobic; the dog owners will police themselves and be responsible; they are homeowners, property owners and pay taxes on their dogs; and it is their right to bring their best friends with them to the beach.

Terri Feehan stated he owns a golden retriever and is in favor of allowing dogs on the beach; trash is dumped offshore, including needles and plastics, that wash ashore; on the beach there are tar balls, needles, diapers, glass and other trash; and perhaps parents and children should be banned from the beach as they do not clean up after themselves. He noted dogs are a good source of protection; and perhaps women would not have been raped on the beach if they had had their dogs with them. He noted he comes from Virginia where they were allowed to have their animals on the beach and in the water after certain hours; he agrees with making an area for dogs, which would include dues, clean up stations, gloves, and fines for those who do not abide; the hours could be changed during turtle nesting season; and he is in favor of a trial period. Mr. Feehan stated he believes everyone can work together and find a solution; and requested the Board's support to allow dogs on the beach.

George Blaha stated he lives in Melbourne Shores and has lived in Brevard County for 27 years; to channel all the dogs to 16 miles of beaches is unfair and discriminatory, and it would be the focal area; he runs on the beach for conditioning and therapy; he has observed dogs actively chasing shorebirds on many occasions; and he has never seen one law enforcement officer or Animal Services and Enforcement officer on the beach checking the dogs. He noted many times the dogs have been running after him on the beach; they have snapped at his heels and legs; and it has been a miracle that he has not been injured; and suggested the County leave at least five kilometers of the beach north and south of Melbourne Beach free of dogs.

Phyllis Collins stated she has been a resident of Melbourne Beach for five years; she lives on the ocean and owns a dog; they have never had any problems on the beach with these animals;

DISCUSSION, RE: DOGS ON BEACHES

and her neighbors are thrilled with the social environment because of the interaction with their pets. She noted all the dogs around her have been immunized; she supports the leash law and a time frame to allow animals on the beach; the County should enforce the litter problem; and she does not see that dogs cause any more of a problem than children do.

Lisa Grace Kestel stated she has lived in Brevard County for almost 30 years; she has a yellow Labrador and a golden retriever; she considers them a part of her family; and it deeply saddens her to hear the comments this morning with regard to anti-dog sediment. She noted dogs are a great asset to the community; they help law enforcement and handicapped people; this is a trial period for the beach to see if it works; and she is a responsible dog owner and picks up after them. She requested the Board allow dogs on the beach for a trial period.

Marshall Clark stated it is his understanding that if a dog is on Heartguard medication to prevent heartworms, it also kills other intestinal parasites; even though stepping in feces might be unpleasant, it is not the health threat that everybody has said it would be; it is illegal for dogs to be on the beach; and the dog owners are already violating the law. He noted if the County has a legality and people are law abiding and using the beach for their dogs, chances are the people would pick up behind their dogs and be responsible dog owners; if the County wants to do something for the sea turtles, it needs to eliminate the raccoons; and advised of his support for the trial period.

Janice Fitzgerald stated she is a responsible dog owner; she does not take her dogs to the beach at the present time, but would love to have an area where she could take them; the proposal is fair and reasonable which includes 16 miles of beach; and it is a limited time period, from 6:00 a.m. to 6:00 p.m. for a six-month trial period. She requested the Board's support for the proposal.

Ernie DeSantis stated he lives in Floridana Beach; the pelicans, blue herons, and other birds leave bird droppings on the beach; he has walked his dog on the beach; and occasionally he has seen a dog dropping and has picked it up so no one will step in it. He noted it is rare that he sees dogs on the beach in the South Beaches; he is willing to leave his phone number; and anyone that sees a dog dropping from the Inlet to 192, he will pick it up. He stated he enjoys having his dog on the beach; there needs to be a compromise; and hopefully this issue can be worked out. He submitted a petition to the Board with signatures in support of allowing dogs on the beach.

*County Attorney Scott Knox's absence was noted at this time and Assistant County Attorney Shannon Wilson was present.

Christian Salley requested clarification concerning dogs on the beach and if it would include other animals as well. Chairman Higgs advised the proposal only speaks of dogs. Mr. Salley

DISCUSSION, RE: DOGS ON BEACHES

stated he used to go to Patrick Air Force Base which allows dogs; he has always seen the owners pick up their dog feces; the dogs would be on leashes and not running around; and he supports allowing dogs on the beaches.

Dorothy Sotack stated the discussion is whether dogs are going to be allowed on the beach; it is apparent that dogs are on the beach; if the County has a reasonable program in place, it might be able to have a handle on it; and right now there are some people breaking the law by having their dogs on the beach. She noted it is a problem for people who want to be on the beach without dogs and with dogs; right now it does not work for anybody; there needs to be a compromise; and it makes sense to have something in place that is reasonable to see if it works.

Deborah O'Keefe advised of her support for allowing dogs on the beach; stated she owns three dogs; if Brevard County establishes guidelines, dog owners are willing to follow it as they love their pets; and it should be mandatory that dog owners clean up after their dogs. She noted she is a single female and is terrified to go on the beach; in the last year, there were two rapes on the beach, so she does not go anymore; she would love to have her dog with her on the beach and would feel much safer; and dog owners are very friendly and sociable. She stated it would be fair to give everybody their day at the beach.

*Assistant County Attorney Shannon Wilson's absence was noted at this time and County Attorney Scott Knox was present.

The meeting recessed at 11:28 p.m. and reconvened at 11:41 a.m.

Chairman Higgs stated one of the questions that was brought up during the previous discussion was can the Sheriff issue citations; with Animal Services and Enforcement Director Joe Ward responding affirmatively and he does frequently. Chairman Higgs inquired are enforcements from Animal Services and Enforcement Department initiated by complaints or does it have a route; with Animal Services and Enforcement representative Craig Engelson responding the Department responds to complaints and the officers are encouraged to address violations they observe while responding to complaints. Mr. Engelson stated based on complaints, they also can set up a daily patrol where they can concentrate on enforcement efforts in certain areas where problems have been identified, such as dogs on the beach or at-large complaints. Chairman Higgs inquired if Mr. Ward knows the effect of Heartguard on other parasites; with Mr. Ward responding it does impact other parasites, but he does not know how thoroughly.

Commissioner O'Brien stated if Brevard County looks at setting aside any part of a beach for dogs, it has to look at also setting aside the beach for cats or snakes, and setting aside a big

DISCUSSION, RE: DOGS ON BEACHES

section of the beach where people want to be alone; portions of the beaches could be set aside for a number of things; and before it is all said and done, there is simply no beach left for the public. He advised of various places where dog owners can walk and run their dogs instead of on the beaches; stated there are plenty of alternatives; he received approximately 150 letters from people opposing dogs on the beach for various reasons; and read aloud some of the letters in opposition. He stated he cannot support creating an area on Brevard County's beaches for dogs; and that is where he stands.

Commissioner Voltz inquired what is the County's liability if it does not allow dogs on the beach right now, but they are there and the County is not enforcing it; with County Attorney Scott Knox responding it is not a problem. Attorney Knox stated if the County had to enforce every rule and law it had on the books and were held liable for not doing it, it would be bankrupt. She inquired how many dog bites were there on the beaches last year; with Mr. Ward responding there were approximately 10 in the 1998-1999 time frame. Commissioner Voltz stated she is a dog owner and loves dogs; however, the amount of letters she received in opposition to allowing dogs on the beach was 4:1; and she cannot support the proposal at this time.

Commissioner Carlson stated the letters her office received were overwhelmingly in opposition to allowing dogs on the beach; she previously stated she would not mind a six-month trial period; but at this point, she would definitely oppose it.

Commissioner Scarborough stated he also received letters in opposition of 4:1; such letters were not simple ones and talked about personal experiences; and expressed concern with those people who have their dogs on the beaches now which is contrary to County policy. He stated if the Board develops a policy, it may compound the problem; and there are too many letters from too many people to indicate there is not a problem.

Chairman Higgs stated she does not hear a majority of the Board ready to support this; when the Board first discussed the issue, she thought the concept of a trial period in a designated area and a designated time seemed reasonable; there are some places where Brevard County could have a trial period where people could accommodate dogs; but she is not supportive of dogs everywhere on the beach, and is supportive of a designated area where people with animals could go during a designated time.

Commissioner Voltz inquired does Chairman Higgs have a particular area in mind. Chairman Higgs responded there are some parks in South Melbourne Beach that could potentially be a part of a trial period with certain hours; at the end of the Eau Gallie Causeway, there is Canova Beach Park; the County could have certain hours with animals on leashes at certain places for a trial period with appropriate enforcement fines for not having animals on the lead; and that is what she would be supportive of at this point, but she does not hear a majority of the Board open to that. Commissioner Voltz stated she could support it if there are no homes in the area so it would not infringe on someone's property. Chairman Higgs stated she does not see any support for any current changes to the Ordinance; with Commissioner Voltz concurring. Commissioner Voltz stated owners of dogs also have a right as far as walking their dogs, as well as people who do not have dogs and do not want to put them on the beach; she would not want to see it blanketed everywhere; but she would not have a problem with one small area.

Chairman Higgs stated she sees no motions from the Board; and thanked everyone for their input.

The Board took no action on the discussion of dogs on beaches.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FDOT, RE: PURCHASE AND INSTALLATION OF SUPERUNICOM RADIO SYSTEM

Arthur Irvine, President of Valkaria Aviation Association, advised of the Association's support for the Resolution and Agreement; stated the SuperUnicom is an unmanned automated radio transmitter that when properly interrogated by an aircraft pilot, would provide the pilot with current wind speed and direction; further interrogation would reveal additional information whatever had been programmed in; the purpose of a SuperUnicom is communications; and it would be set up to operate in daylight hours and will supply nothing more than providing timely, useful information. He stated the benefit is safety and to efficiently provide information that an aircraft could maneuver to get on the ground as quickly as possible; that in itself is a noise abatement practice; reiterated that the Association supports the program; and requested the Board's continued support.

Curt Lorenc showed a videotape to the Board and audience of a previous budget hearing; advised it indicates that the old Five-year Improvement Program would be complete before anything new was started; on that Program there is one project left which is the recreation area; and it was a concession that the community got to accept some other projects in the Program. He stated the Program has started, but has a way to go for the recreation area to be finished; the new projects would be coming before the Board as a package and a Five-year Improvement Program; he does not believe it is being done at this point; and it is wise to prioritize the package and see what projects should be done first and how to fund them. He noted currently the Airport Advisory Board has started to discuss what those projects should be; there is much to be gained by discussing the issues; it makes sense to bring those projects before the Board as a package; and there is no urgency. Mr. Lorenc stated general aviation has been in a decline for the past 20 years; there is not a problem of losing grant money; Florida Department of Transportation (FDOT) seems to always have grant money; and requested the Board do what it has told the community in the past it would do.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FDOT, RE: PURCHASE AND INSTALLATION OF SUPERUNICOM RADIO SYSTEM

Janis Walters, President of Valkaria Neighborhood Association, stated when this item appeared in the budget last year without any prior discussion or approval, the Association came to the budget hearings to argue against it; it had the County's assurance that the 1995 Work Plan would be completed before any new projects would be undertaken at Valkaria Airport; at such hearings, the Association received the Board's assurance that although the SuperUnicom appeared on the Airport budget, it would not move forward for completion until it was presented as part of the new Five-year Work Plan for discussion and prioritization; and the Valkaria Airport Advisory Board will be begin work on the new Capital Improvement Plan in June, 2000. She advised the Board has always been concerned over the amount of time it has had to spend on the management of Valkaria Airport; one way to reduce the time and trouble is to deal with the Capital Improvement Plan as a whole, one time as it said it would, rather than individual improvements one at a time; and requested the Board keep its word.

Johnnie Wimpee stated he concurs with Curt Lorenc's and Janis Walters' comments.

Chairman Higgs stated the SuperUnicom is a valuable piece of equipment Brevard County may want to consider as a part of the Capital Improvement Program; the County needs such a Program and needs to come to the Board in total, so it is not dealing with it piecemeal; it needs to set a priority of where it is going for the next five years with the Airport; and that would mean simply at this point that the Board does not approve going forward until it has the whole plan.

Commissioner Voltz requested the Valkaria Airport Manager address the need for the SuperUnicom.

Valkaria Airport Manager Jim Shimkus responded the SuperUnicom will provide a safety factor; no one is at the Airport now to operate the Unicom radio and provide airport advisories; and this automated system will provide airport advisories, wind direction and speed, would recommend a runway to be used, and would also provide noise abatement procedures and the restrictions in place on the use of Runways 9 and 27.

Commissioner Voltz inquired about the Five-year Capital Improvement Program; with Mr. Shimkus responding it is in the beginning stages. Commissioner Voltz inquired about the recreation area. Mr. Shimkus responded the recreation project is in progress; they have the $15,000 which was discussed by the Board; they are looking at a pavilion and have done some preliminary research into what they can purchase for $15,000; and the biggest pavilion they can get that meets Code would be approximately 20 x 28. He stated staff is putting the information together and will bring it to the Board for finalization.

Commissioner Voltz stated this is a safety issue; the Board does not need to be looking at whether or not it is in the five-year program when it considers safety for the residents and pilots; and she supports moving forward with the item.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FDOT, RE: PURCHASE AND INSTALLATION OF SUPERUNICOM RADIO SYSTEM

Chairman Higgs inquired what percentage of airports are uncontrolled, such as Valkaria Airport; with Mr. Shimkus responding a large percentage, but he does not have the exact number. Chairman Higgs inquired is it more than 50%; with Mr. Shimkus responding affirmatively. Chairman Higgs noted most uncontrolled airports, meaning they do not have a tower, do not have this kind of equipment in place; with Mr. Shimkus responding that is correct. Mr. Shimkus advised it is new technology; there are 30 units in place in the country at this time; in Florida there are none; the closest one is in Alabama; and Sebastian Airport is approaching the State for a grant to get one of these units.

Commissioner O'Brien stated he has flown a small plane on more than one occasion; sometimes without the advisories, it is frightening; Brevard County always wants to set the example to be the leader, whether it be for an environmental issue or otherwise; the SuperUnicom is strictly and absolutely a safety issue; and it would be irresponsible to say no to it.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution and authorize the Chairman to execute a Joint Participation Agreement with Florida Department of Transportation (FDOT) for the purchase and installation of a SuperUnicom Radio System.

Chairman Higgs stated she is going to vote against the motion as she wants the entire package of the improvements to come back so the County is not piecemealing them; and she thought that was the commitment made by the Board.

Commissioner Carlson stated she has the same concern as Chairman Higgs that the SuperUnicom is not part of a plan; she is not against having the SuperUnicom for safety purposes; and it is the process that she has a problem with when the Board agrees on one thing and finds out it is not happening that way.

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

The meeting recessed at 12:30 p.m. and reconvened at 1:22 p.m.

PUBLIC HEARING, RE: RECONSIDERATION OF PUBLIC INTEREST DETERMINATION FOR INDIAN LANDING SUBDIVISION NAVIGATIONAL CHANNEL AND AMENDMENT TO CODE FOR SLOW SPEED/MINIMUM WAKE ZONE

Chairman Higgs called for the public hearing to consider reconsideration of public interest determination for Indian Landing Subdivision navigational channel and amendment to Code for slow speed/minimum wake zone.

Attorney Leonard Spielvogel, representing the property owner, requested clarification on whether the Board is rescinding the entire request; stated there is also a request for slow speed zone; and he does not know whether it is an issue.

Section Supervisor Debbie Coles stated the motion was to rescind the previous determination; both of those were considered at once; and that is why staff did the agenda item that way, including both the idle speed zone area and the other decision.

Chairman Higgs advised she supports the speed zone request.

Commissioner Scarborough requested the County Attorney provide clarification for the public's benefit concerning the legal action filed.

County Attorney Scott Knox stated there was a petition for writ a certiorari filed challenging the decision of the Board to rescind this action. Chairman Higgs inquired was there also another action regarding vested rights; with Attorney Knox responding there is an application pending for vested rights determination which has to come back before the Board.

Commissioner Carlson inquired is the reason for the lawsuit because the County did not process appropriately taking back the previous decision. Attorney Knox responding they are saying that once the Board granted the public interest determination in February, 2000, it was the decision it made and it could not rescind it afterwards; the fact that the Board did rescind it was inappropriate; and that event never occurred as far as they are concerned. Commissioner Carlson inquired what is the actual rule for rescinding a decision in terms of when it is supposed to occur. Attorney Knox responded usually one would not rescind if something like that has taken place where some act has been taken by the other party, but in the case of this particular instance, there is a 30-day waiting period set up by Florida Statutes as someone can challenge the Board's decision as being violative of the provisions in the Comprehensive Planning Act which says one cannot have development orders that are inconsistent with the Comprehensive Plan, which was alleged at the March 21, 2000 meeting; and since the County is still within the 30-day period, and there was some evidence there was going to be petitions filed, he believes any vesting claim is going to have a difficult time.

Commissioner O'Brien inquired is this like a zoning hearing where they have to have a preponderance of evidence.

PUBLIC HEARING, RE: RECONSIDERATION OF PUBLIC INTEREST DETERMINATION FOR INDIAN LANDING SUBDIVISION NAVIGATIONAL CHANNEL AND AMENDMENT TO CODE FOR SLOW SPEED/MINIMUM WAKE ZONE

Attorney Knox responded the petitioners have taken the position it is; the Board is making a public interest determination which is a very broad standard that is left to the Board's discretion in terms of what is and what is not; he is not going to commit to it being a quasi-judicial hearing, which is one of the defenses the Board has in its lawsuit; and his interpretation of what it would be is possibly a Legislation determination, but he needs to do more research on it.

Cordy Lavery stated she cannot believe that going against the Comprehensive Plan in any way could be in the public interest; she is totally in support of the Comprehensive Plan; she supports the actions of the Board when it rescinded its decision at the last meeting; and she hopes it stands. She requested the Board keep the Comprehensive Plan intact.

James Egan, representing Marine Resources Council, stated the Council hosted a Lagoon Workshop and received a lot of public comment; much of the opposition was strongly against the motorized use of the northern canal; the Council explored other options that had not been on the table; and it went back to the developer and found that the developer was willing to work with the opposition and has been pursuing a different alternative to this plan. He noted the Council is very encouraged by that; the legal maneuvering that is taking place will hopefully be side stepped by a solution that will not involved impacting the shoreline buffer and will allow the developer to meet his interests; he has a number of serious obstacles to overcome, but they could be overcome; the obstacles are not Comprehensive Plan problems; and the alternative would put all the boats into the southern canal and still allow the northern canal homeowners to have access to a motorized boat slip for their home. Mr. Egan stated the Council is very supportive of that alternative; and it continues to have serious concerns about the alternative before the Board today.

Dr. Wendell Whetstone congratulated the Board on its opposition to this issue; inquired if there is digging, where does the dirt come from; stated the bottom of the river is partly his as he is a taxpaying resident and property owner of Brevard County and the State of Florida; and inquired if the petitioner dredges, where are they going to put the dirt, what is the floodplain of the property on which they propose to build all of this, and who gets the dirt if they dig it up. He requested the Board consider the things that are brought forth.

Thomas Perry stated he has been fishing the waters for approximately 12 years; the dredging will destroy the area; inquired who is going to police the idle zone and markers that the petitioner plans to put in to keep the boaters off the seagrass beds; and stated if this plan is allowed, it will create a domino effect.

Leo Morrissey stated manatee deaths have increased in Brevard County and Statewide; the County cannot control natural disasters, but it can control development in the area; most of the damage he has seen in the last year, especially on riverfront properties, has been in areas that have been developed and disturbed; there is plenty of fish and wildlife in the proposed area; and the area is beautiful.

PUBLIC HEARING, RE: RECONSIDERATION OF PUBLIC INTEREST DETERMINATION FOR INDIAN LANDING SUBDIVISION NAVIGATIONAL CHANNEL AND AMENDMENT TO CODE FOR SLOW SPEED/MINIMUM WAKE ZONE

Richard Wallace stated the St. Johns River Water Management District furnished him with a partial copy of the Brevard County Comprehensive Plan, specifically, Division 3, Surface Water Protection, Pages 1 through 9, and Pages 1 through 14 of Policy; and the intent of these requirements were designed to protect the environment of Brevard County. He noted the development of the Comprehensive Plan was a premeditated action, not a random relationship between two or more governmental offices with nothing better to do; the Comprehensive Plan is a result of hard decisions made to protect the environment from being ravaged by those who do not care about anything except their quest for the almighty dollar; the Board was wrong when it earlier requested staff to look for loopholes in the Comprehensive Plan to accommodate the Indian Landings development; and the Comprehensive Plan, in several places, uses the phrase, "prohibited unless in the public interest." He stated if the Board puts a crack in the Comprehensive Plan for the Indian Landing Project, it will open the greatest can of worms it has ever seen; and requested the Board say no to the Indian Landing Project.

Peter Aydelotte advised of his opposition for the Indian Landing Subdivision Project; stated he concurs with comments made by the previous speakers; and expressed concern with the seagrass beds. He stated the plan as it is will destroy an area that is unique, pristine and beautiful.

Rebecca James submitted a letter to the Board from an individual who was not able to attend the meeting, and a list of questions to the Board to answer; and stated she hopes the Board will consider them seriously.

Richard Harbin expressed concern with damage to the aquatic life and seabeds in the Indian River; stated he hopes the Board will execute responsibility to uphold the important mandates of the Comprehensive Plan and provide protection for the environment.

Nancy Blair expressed appreciation to the Board for rescinding its original vote to approve the project; stated staff has done a remarkable job of twisting and manipulating the very clear language of the Comprehensive Plan in order to seemingly accommodate the developer's flawed project in the name of best public interest; inquired how can anyone think or imagine that this private developer's proposal to scrape 600 feet of mangroves and native vegetation along the Indian River Lagoon, dredge a channel for access to private boat docks, and install a rock revetment along the entire length of the shoreline, to be in the public interest; and projects approved in the best public interest affect a much longer term benefit than the short term profit the developer stands to gain through the private property transactions this project entails. She advised as a concerned resident of Brevard County and the South Beaches, she requests the Board vote against this project; and doing so upholds the protective spirit and intent of the Comprehensive Plan which is the only decision that is clearly in the public interest.

PUBLIC HEARING, RE: RECONSIDERATION OF PUBLIC INTEREST DETERMINATION FOR INDIAN LANDING SUBDIVISION NAVIGATIONAL CHANNEL AND AMENDMENT TO CODE FOR SLOW SPEED/MINIMUM WAKE ZONE

Howard Wolf, resident of the South Beaches, stated the Growth Management Act of 1985 states its purpose is to protect environmental resources and requires every local government to adopt, implement, and follow a comprehensive land use plan; and it requires policies for the protection of soils, fisheries, wildlife habitat, rivers, bays, lakes, floodplains, harbors, wetlands, estuarine marshes, freshwater beaches and shores, and marine habitat. He stated the County's Comprehensive Plan has such provisions not easily obtained nor maintained; and suggested that any action approved by the Board which does not support protection of all of the above cannot be in the public interest and is likely in conflict with Florida Statutes, Chapter 163. He urged the Board to compel all to play within the guidelines.

Zankhana Raval stated the proposed dredging project is in clear violation of Policy 3.4 of the Brevard County Comprehensive Plan; such Policy states, "Shoreline alteration other than that allowed for reasonable access, shall be prohibited unless it is in the public interest and does not adversely impact water quality, natural habitat, and adjacent shoreline uses"; destruction of the shoreline will adversely affect wildlife and habitat; and requested the Board deny the project until there are viable alternatives.

Susan Simoes, Chairman of the Barrier Island Preservation and Protection Association (BIPPA), stated BIPPA has been very pleased in the past with the Board's decision for the South Beaches; it has used the Comprehensive Plan as its directive for all its previous decisions and the decrease in downzoning; the South Beaches is down to one unit per acre for all remaining land that does not have vested rights; and what keeps the density down is the Comprehensive Plan. She stated such Plan is BIPPA's bible; it is very clear on protecting the land in the Archie Carr area, not only along A1A, but also along the Indian River Lagoon; and it specifically states, "Comprehensive Plan Conservation Element Directives for Surface Water. The channelizing, dredging, or impoundment of natural waters of the State shall be prohibited, except where no practical or alternative exists, for operations necessary to correct existing threats to public health or safety, allow maintenance or existing navigational waterways, or provide reasonable access to water dependent shoreline based facilities." She stated Policy 3.4 states, "Shoreline alteration other than that allowed for reasonable access, shall be prohibited unless it is in the public interest and does not adversely impact water quality, natural habitat, and adjacent shoreline use"; this is not only not in the public interest, but completely the opposite; it will impact water quality and natural habitat; and requested the Board vote in opposition to this plan.

Sandra Clinger stated this project has numerous Comprehensive Plan problems; there are a lot of questions and areas that could be interpreted one way or the other; no one can get around Policy 3.4 E., as dredging and filling activities must be in the public interest; and this is a private project. She noted it cannot possibly be in the public interest; the Board's charge today is to uphold the laws of Brevard County; there are manatee issues with this project; the area is extremely important for manatees; and recommended the Board not approve the project as presented today.

PUBLIC HEARING, RE: RECONSIDERATION OF PUBLIC INTEREST DETERMINATION FOR INDIAN LANDING SUBDIVISION NAVIGATIONAL CHANNEL AND AMENDMENT TO CODE FOR SLOW SPEED/MINIMUM WAKE ZONE

Jim Chell, resident of Melbourne Shores, stated he fishes in the area; extended an invitation to any Board member wishing to see the property by boat; stated he observed on the north side of the Kel Fox Canal freshly dumped shell rock, marl and gray sand in the area which has damaged an area of mangroves; and inquired does the developer have a permit.

Thelma Roper stated one of her biggest concerns is non-point discharge in the Indian River area, which includes businesses, power companies, and new and old homes on canals; toxic algae blooms can devastate the fish population; they also have significant health risks to humans; and it is something Brevard County needs to consider when there are developments such as this.

Walter Pine stated counties and cities are bending over backwards to help businesses and developers destroy the environment; the two most damaging problems are population and destruction of habitat; that is not commercial fishing, but he is paying the highest price in the percentage of his income; and developers are paying almost nothing. He noted the developer knew the risk and the situation; and he should not be allowed to destroy or impact the environment.

Attorney Spielvogel stated he objects to this proceeding; his reasons for objecting are found in the writ of certiorari, that have been filed by his Firm on behalf of his client, and the application for vested rights determination. He advised this matter came before the Board on December 14, 1999; it turned down his client's request, with a suggestion or direction to staff to work with his client and the St. Johns River Water Management District to see if a proposal could be brought forth that met the County's requirements of public interest determination; the matter came back before the Board on February 29, 2000, which was also a public hearing; and the Board made a determination at that time, by a 3:2 vote, that his client had met the burden of establishing that his project was in accordance with the public interest. Attorney Spielvogel stated then somehow things went array; the matter was placed on the agenda again for rescission on March 21, 2000; and all of a sudden there was a lot of public outcry. He noted he disagrees with the County's Counsel that the Board had a right to rescind the approval at the March 21, 2000 meeting; even though there was a 30-day window for filing of a petition, no petition was filed; the Board rescinded its action; and he is appealing from that decision. He stated he has heard nothing today that should change the Board's decision; if administrative res adjudicata means anything, which means you make a decision at a public hearing, you give it full consideration, and you listen to comments, does the public have a right to rely on the Board's decision; and that is what administrative res adjudicata is all about. He noted he has dealt with County staff on a number of occasions; he has never met a bunch of people that were more devoted to the interest of the public; and he resents, on their behalf, any comments to the contrary.

PUBLIC HEARING, RE: RECONSIDERATION OF PUBLIC INTEREST DETERMINATION FOR INDIAN LANDING SUBDIVISION NAVIGATIONAL CHANNEL AND AMENDMENT TO CODE FOR SLOW SPEED/MINIMUM WAKE ZONE

Assistant County Manager Stephen Peffer stated it is staff's role to uphold the Comprehensive Plan and Ordinances; it tries to present to the Board the information that is both presented by the applicant and staff's analysis and interpretation in an open way for it to make an evaluation; staff does not try to be advocates of development proposals nor does it try to oppose them, but rather tries to present the facts as it sees them; and there is often an area of interpretation. He stated in this particular case, he can fully respect that there are alternate views; staff felt there were a number of problems and presented them in its analysis; it pointed out that there are parts of this project that could not be considered by the Board unless there was an overriding public interest; and it looks to the Board to determine what is in the public interest.

Chairman Higgs stated when the Board heard the issue in December, 1999, and did not approve it, it requested staff to work with the applicant and the St. Johns River Water Management District to see if there were other alternatives; the Board did not ask that staff try to find a way around the Comprehensive Plan; and that was not the directive.

County Attorney Scott Knox stated the reason the Board is here today is his view the last time the Board asked him whether or not there were grounds to rescind, and the answer was yes at that point in time; there was a handout delivered to the Board where Ms. Clinger presented different policies that appeared to be inconsistent with the proposal; those policies were not addressed by the staff memorandum; and the Board needs to resolve those inconsistencies if there are any because notwithstanding the fact there may have been a public interest determination, the Board is prohibited by law from issuing development orders which are inconsistent with the Comprehensive Plan. He noted if the County has inconsistencies it does not make any difference if it finds a public interest determination on the policies that require that determination; if there are other inconsistencies, it has to resolve those; that is why he believes it was appropriate to rescind this and consider those possible inconsistencies; and the Policies from Ms. Clinger's memorandum that have not been resolved are 3.4(1)(B), 3.7, and 2.3(C).

Commissioner Scarborough stated one of the issues brought before the Board was the fragile grass beds out from the Babe Cushman Canal; and requested the St. Johns River Water Management District address the issue.

Karen Garrett Krause, representing St. Johns River Water Management District, stated based on a study with Florida Department of Environmental Protection (FDEP) and the effects of boating on sea grasses, the District determined that the access way would produce 1.8 acres of seagrasses; there is a rule in the Sovereign Lands, Chapter 1820 that says boats in an aquatic preserve should have a minimum of 12" between the lowest part of the boat, which would be the propeller or the draft if the propeller is lifted, and the top of submerged resources; a large portion of that access way did not have that clearance; and the District did not believe the proposal met its criteria and would cause harm to the seagrasses, manatee, and fishery habitat. She advised the District asked the developer to explore design alternatives; and it suggested closing off the Babe Cushman Canal to motorized boat traffic and limiting it to shallow draft non-motorized boats.

Chairman Higgs stated she assumes at this rehearing that the Board needs to go through the same procedures it would in an initial hearing; with Attorney Knox responding affirmatively. Attorney Knox stated Coastal Management Element, Policy 2.3(C), states, "Projects shall not increase turbidity to the extent that growth and stability of the SAV is impaired. Section Supervisor Debbie Coles responded it will be a standard as part of the State permitting; it prohibits water quality to be above the ambient water quality that is there; it will require turbidity barriers; and if the developer were to have a violation of it, the County could take enforcement action, but the way the developer is proposing to do the construction, it is not a concern of staff.

Chairman Higgs stated she does not support the project's approval; reiterated Policy 3.4; stated the project is not in the public interest; and the natural habitat and water quality would be negatively impacted. She advised Provision E in regard to dredging and filling also prohibits the Board's approval of this project; it talks about no private projects, private access, and public projects; Policy 3.8 talks about new man-made canals connected to the Indian River Lagoon system are not permitted; and when putting together all the provisions of the Comprehensive Plan plus the Surface Water Protection Ordinance, it prohibits the Board from approving the project in the form it was presented.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to deny reconsideration of public interest determination regarding the Indian Landing Subdivision navigational channel, and request to amend the Code to include a slow speed/minimum wake zone.

Commissioner Voltz stated Attorney Knox brought up three issues concerning the 20%, hardening of the shoreline, and turbidity; and inquired are those the issues the Board did not hear the last time. Attorney Knox responding those are three issues he did not hear any evidence on and something the Board did not receive an opinion from staff on which is something it needs to resolve. Ms. Coles stated staff looked at those issues during its review, but they were not provided as staff did not feel they were issues.

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

The meeting recessed at 2:53 p.m. and reconvened at 3:02 p.m.

*County Attorney Scott Knox's absence was noted at this time and Assistant County Attorney Shannon Wilson was present.

PERSONAL APPEARANCE - WALTER D. PINE, RE: AMERICANS WITH DISABILITIES ACT

County Manager Tom Jenkins stated at the present time, all new County buildings are built to ADA standards; older major facilities have been modified to provide ADA accessibility; construction of private development is reviewed for compliance with accessibility requirements; a survey of existing County facilities was completed when ADA was adopted some years ago; and ADA coordinating responsibilities were initially assigned to an Assistant County Manager, subsequently, those duties were reassigned to a staff person in the Facilities Management Program, who also has a number of other duties and responsibilities. He advised the County has in place a grievance process for ADA complaints; the Facilities Management Program makes special accommodations as requested to provide ADA accommodations; current federal documents have been utilized for ADA program direction; weekly newspaper meeting advertisements, meeting announcements, and television announcements include language which notifies those with needs of hearing or visually impaired persons will be met if the sponsoring person for the meeting is contacted at least 48 hours prior to the public meeting; and that is a summary of what the County is currently doing. Mr. Jenkins stated Mr. Pine made a number of suggestions, which the County thought were worthy of pursing; one of the biggest issues is implementing a training and awareness program for all employees, including the Charter Officers; it felt it would be beneficial to have an internal ADA advisory committee within County government; and to formalize counties' ADA practices through establishment of written ADA procedures as opposed to simply working off the federal guidelines. He noted staff also felt it should conduct a new facility survey of all County facilities based on survey results assessed the need for additional ADA accommodations; expand the commitment of staff time to the ADA function; and there are other issues included in the report.

Walter Pine stated the ADA is Public Law 101-336; it is a civil rights law; Section 2 describes persons of disabilities are minorities; Title II applies to all policies, procedures, services and activities of state and local governments; Title II also applies to those entities that act in the stead of state and local governments; and it prevails over conflicting state and local laws and regulations. He advised it extends Section 504 of the Rehabilitation Act of 1973 to all state and local government activities, regardless of federal funding; Section 504 of the Rehabilitation Act also applies if there is federal funding; the key element that the ADA does, especially Title 2, is the issue access, which is further broken down into opportunity and benefit; and persons with disabilities have the right to participate in the regular programs, services, and activities that are provided by Brevard County and the State. He noted the intent is to eliminate discrimination; in

PERSONAL APPEARANCE - WALTER D. PINE, RE: AMERICANS WITH DISABILITIES ACT

the compliance area, there is a list of things, including a grievance procedure, an ADA Coordinator, the requirement to self evaluate and create a transition plan, and a notice in writing of the rights; and persons with disabilities are entitled to a notice of their rights as ADA applies to the services and benefits of each office. He advised complaints for violations can go through the County, federal government, or directly to court; there is no requirement for persons with disabilities to make a complaint and give the county, city, or any public entity the time to correct; with a federal agency, there is a 180-day requirement; however, there are extensions available which are often given if there is good faith action; and sovereign immunity does not exist under ADA. Mr. Pine stated typically under ADA, the damages that are available to people that go directly to court or end up in court are both compensatory and punitive; compensatory is typical under Title II; and punitive is more common where there is interference with employment. He stated at minimum, he would recommend there be an ADA Coordinator in the County Manager's Office; there should be somebody at each Department; suggested the County strive for internal experts; and stated there are some requirements that need to be met at this point.

Chairman Higgs stated Mr. Pine's information has been informative; the County Manager is going to move on the items he brought up; and staff will be working on several areas.

Mr. Pine recommended the Board give authority to establish the ADA Coordinator positions to begin the process. Chairman Higgs advised the process the Board uses would allow the County Manager to report back to the Board, and ask for authorization and how it will be funded.

Commissioner Carlson inquired how much time does staff need; with Mr. Jenkins responding he would anticipate doing it as part of the mid-year budget supplement which will be in a couple of weeks.

*County Attorney Scott Knox's presence was noted at this time and Assistant County Attorney Shannon Wilson was absent.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: 38 LURA LANE, MERRITT ISLAND

Frances Odom requested removal of a fine for code violation and removal of the lien on property at 38 Lura Lane on Merritt Island; stated her husband had a stroke; she had to make many trips to Alabama which were a financial burden; and whatever the Board can do, she would appreciate it.

Commissioner O'Brien stated it is unfortunate it took seven months to finally gain compliance; it had to do with junk cars and junkyards usually takes the cars for free; an extraordinary amount of time took place; and a lot of other things could have occurred.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: 38 LURA LANE, MERRITT ISLAND

Code Enforcement Director Bobby Bowen stated with all due respect to Mrs. Odom, there is a lot to be said for a property owner who permits their property to fall in this deplorable condition and allow it to remain that way for a period of time for all to see; things did not get any better until Code Enforcement took action against Mrs. Odom; it took nine months for her to come into compliance; and he has photographs, if the Board wishes to view them, as to how the property was at that time. He advised the County has given Mrs. Odom an opportunity to make payments of whatever she could afford over a period of time; and the County has nearly $700 in its cost investigating this case.

Commissioner Voltz stated the Special Master was in favor of the reduction because of the health, financial constraints, and the diligence of the respondents in coming before the Special Master to request the extension, and there did not exist a heightened health and safety concern for the public welfare. She noted when people are elderly, these things happen as they do not have any way of taking care of some issues; and the County needs to help them all it can.

Chairman Higgs stated the recommendation from the Special Master is to reduce the fine from $2,300 to $456.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve request for reduction of Code Enforcement fine for Case No. 99-1195 from $2,300 to $456; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment. Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING J. W. PERFORMANCE TRANSMISSIONS, INC. AS AN ELIGIBLE BUSINESS UNDER COUNTY'S TAX ABATEMENT PROGRAM

Commissioner Scarborough inquired does this item fall under the County's guidelines and meet the minimal criteria; with Economic Development Director Greg Lugar responding he did the analysis and it would not qualify under the Board's new guidelines.

Commissioner Voltz inquired how many points did it get; with Mr. Lugar responding four points. Commissioner Scarborough inquired what is the minimal number of points; with Mr. Lugar responding nine points.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to deny resolution qualifying J. W. Performance Transmissions, Inc. as an eligible business under the County's Tax Abatement Program.

RESOLUTION, RE: QUALIFYING J. W. PERFORMANCE TRANSMISSIONS, INC. AS AN ELIGIBLE BUSINESS UNDER COUNTY'S TAX ABATEMENT PROGRAM

Commissioner Voltz inquired how many jobs do they have right now; with Mr. Lugar responding 24 jobs, with an additional 10 jobs. Commissioner Voltz stated that would be a 40% increase in jobs; she has a hard time turning small businesses down; and she will not support the motion.

Commissioner Carlson stated she still has issues with the length of time and the abatement versus the entitlement issue that she brought up at the workshop; three to five years is plenty of time; and she hopes some of those things will be discussed with the community plan to determine if that is the right way to go.

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

DIRECTION, RE: FINANCIAL ADVISORY SERVICES CONTRACT

County Manager Tom Jenkins stated Tom Holley has been the Board's independent financial advisor since 1992; Mr. Holley recently informed the Board that he has put his Company on an inactive status and has become employed by William R. Hough & Company, which is a full service financial firm that does both financial advising as well as underwriting; staff is seeking direction from the Board as to how it would like to proceed from this point; and it has given the Board several options as to what it may want to consider.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Option 1, to assign the current contract to or negotiate a new contract with William R. Hough & Company.

Chairman Higgs stated she will not support Option 1; she has no problem in continuing to work with Mr. Holley, as his employment simply has changed, and then go forward to issue a Request For Proposal (RFP) for a full look at financial advisory services; the County has a large item pending with Mr. Holley, so she is willing to continue that relationship; but she does not believe it is proper to assign that contract and negotiate a new one with William R. Hough & Company without going out to RFP.

Commissioner Voltz stated she and Mr. Holley talked about why now is not a good time to change and the County could leave Mr. Holley on for one year and afterwards go out for RFP; and requested Mr. Holley explain it.

Financial Advisor Tom Holley suggested Option 4 which is to assign the contract for one year and at that point, go out for RFP; it allows staff more time to get familiar with bonds; and it would also allow the Clerk, who will be newly elected in November, 2000, to have some say as the Chief Financial Officer of the County.

DIRECTION, RE: FINANCIAL ADVISORY SERVICES CONTRACT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Option 4, to assign the contract for one year and go out for RFP at the end of the year.

Chairman Higgs stated she does not believe the County needs one full year and suggested six months. Commissioners Scarborough and Carlson concurred with authorizing staff to issue RFP for financial advisory services in six months.

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to amend the motion for Option 4, to authorize staff to issue Request For Proposals (RFP) for financial advisory services in six months. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.

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

Chairman Higgs called for a vote on the motion, to approve Option 4, to continue with Mr. Holley and William R. Hough & Company for any pending items concerning the County's financial advisory services; and authorize staff to issue Request For Proposals (RFP) for such services in six months. Motion carried and ordered; Commissioner Voltz voted nay.

Chairman Higgs stated she wants to see the RFP before it goes out, and then establish the procedure through which the Board is going to make a decision.

PERSONAL APPEARANCE - HASSAN KAMAL, RE: AMENDMENT TO PUD ORDINANCE, SECTION 62-1445, MAINTENANCE AND OPERATION OF COMMON OPEN SPACE

Hassan Kamal, representing BSE Consultants, requested the Board amend one of the current Ordinances, specifically relating to the maintenance and operation of common open space within PUD's; stated the current regulation establishes four mechanisms in which a PUD can maintain and operate common open space; his Company is working on a project with one of its clients; and it is looking at doing a project with the YMCA on property that was shown as PUD active open space. He noted as part of the initial investigation, it reviewed the Codes and realized that operational entity does not fit into any of the categories in the PUD requirements; and staff's recommendation was to come to the Board and request an amendment to the Ordinance.

PERSONAL APPEARANCE - HASSAN KAMAL, RE: AMENDMENT TO PUD ORDINANCE, SECTION 62-1445, MAINTENANCE AND OPERATION OF COMMON OPEN SPACE

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to provide a report to the Board in July, 2000, concerning modification to the County's Planned Unit Development (PUD) Ordinance, Section 62-1445, pertaining to maintenance and operation of common open space.

Commissioner O'Brien stated an individual could always rent the properties to an outside non-profit corporation who is responsible for maintenance; and inquired what if Mr. Kamal's group creates its own non-profit organization, and then lets it fold to avoid maintenance costs to the group. He noted the open area is then not maintained and the group is not responsible for it either.

Chairman Higgs stated it is a problem that needs to come up in the staff report as it is a reasonable concern; and the Board is interested in getting such report which will be scheduled on the agenda in July, 2000.

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

PERMISSION TO EXERCISE SECOND YEAR OPTION WITH A&E MACHINE, INC., RE: BID #B-5-9-56, DRAWBRIDGE MAINTENANCE AND REPAIR

Commissioner O'Brien inquired is this the same contractor who does the drawbridge at the Barge Canal; with Assistant Public Works Director Ed Washburn responding to his knowledge, A&E Machine, Inc. handles the Mathers and A. Max Brewer Bridges.

County Manager Tom Jenkins stated the State may have taken over the drawbridge at the Barge Canal. Commissioner O'Brien stated he would like to find out as such Bridge has become a real problem for a lot of people; and if the contractor is the same one the County has here, and the Bridges start breaking down, it will be an example of what has been happening on Merritt Island.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to table permission to exercise second-year option with A&E Machine, Inc. for Bid #B-5-9-56, Drawbridge Maintenance and Repair until April 27, 2000. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-56, RE: BUDGET AND FINANCIAL POLICY

Commissioner Carlson stated she was questioning why the County was doing this and if it had consulted with Tom Holley regarding implementing the changes.

County Manager Tom Jenkins advised staff did not consultant with Mr. Holley; this dealt more with an issue of the Sunshine Law; it has been structured for the last several years as a Sunshine Committee; and it precluded him from talking about bond financing or any of the financial issues with staff that serve on the Committee. He advised they are also precluded from discussing any issues with a member of the Board serving on the Committee; and every time he had a meeting with Stockton Whitten, Steve Burdett or Commissioner Scarborough, they would have to advertise it and have a Sunshine meeting. He stated prior to establishment of the Finance Committee, the County staff, County Manager, and Finance Director routinely handles these matters and made staff recommendations to the Board; they, in essence, perform the same function, but did not do it in the formal committee setting; and it allowed frequent and regular discussion of these financial issues.

Chairman Higgs inquired are there other finance committees operating in other municipalities and counties; with Financial Advisor Tom Holley responding affirmatively. Chairman Higgs inquired how do they deal with this problem; with Mr. Holley responding he does not know. Chairman Higgs inquired what is the function of the Finance Committee. Mr. Holley responded the Finance Committee has been successful for Brevard County; and one of the roles it plays is checks and balances in a Sunshine environment.

Chairman Higgs suggested the County Attorney review alternatives to the functions the County needs to have the Finance Committee do; stated the County Manager can determine how the County achieves these functions; the analysis of financial transactions by a high level group is very important; and the Finance Committee can be suspended for a while and not call any meetings until the issues are resolved.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to table revised Policy BCC-56, Budget and Financial Policy, until May 9, 2000. Motion carried and ordered unanimously.

PUBLIC COMMENT

Gary Hanlin stated he has a petition that was submitted to the Metropolitan Planning Organization (MPO) dated April 10, 2000; it includes 328 family members who are being denied their right to quiet and enjoyment because of the increased noise and heavy traffic on the beachside of the Pineda Causeway; and the Florida Department of Transportation (FDOT) has outlined the Community Impact Assessment (CIA) which asks local government, along with FDOT and MPO work together to realize the needs of the community to affect the quality of life, health, and general welfare of the community.

PUBLIC COMMENT

Mr. Hanlin stated he is present to appeal to the Board that when this finally comes to the MPO, that it understands the need of the people; the highway was put in without a community impact assessment; and now the people are suffering.

Commissioner Carlson stated the County addressed Mr. Hanlin's issues when it talked about looking at the three study designs; the petitions were submitted at the MPO level; and perhaps staff can review the community impact assessment and policy on retrofits.

Chairman Higgs stated the County needs to get the Florida Department of Transportation (FDOT) report; and if further action needs to be taken, it will do so.

PERMISSION TO EXERCISE SECOND YEAR OPTION WITH A&E MACHINE, INC., RE: BID #B-5-9-56, DRAWBRIDGE MAINTENANCE AND REPAIR

County Manager Tom Jenkins advised that A&E Machine, Inc. is not maintaining the Bridge on Merritt Island.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to exercise the option to extend the bid award made under Bid #B-5-9-56 to A&E Machine, Inc. for drawbridge maintenance and repair services for Mathers Bridge in Merritt Island, and A. Max Brewer Bridge in Titusville for a second year. Motion carried and ordered unanimously.

REPORT, RE: FIRES IN PALM BAY

County Manager Tom Jenkins stated Brevard County received a call yesterday at 5:00 p.m. from the Palm Bay Fire Department; the fire that was discussed earlier today was under the jurisdiction of Palm Bay; it called for mutual aid; and there was a brush fire at Hewitt and Warwick Roads which Brevard County responded to. He advised approximately 50 acres were burned, one structure was lost, there were no injuries, and the fire was contained at 7:00 p.m. He stated the Drought Index is at 592 which is lower than it was two weeks ago, but because of the high winds, there is a continuing high level of concern.

HOUSE BILL 893, RE: BILLBOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Manager to contact State Representative Howard Futch and County Lobbyist Guy Spearman concerning House Bill 893 on billboards, and advise of the Board's opposition if such Bill affects local government control. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:38 p.m.

ATTEST:

NANCY HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)