The Board of County Commissioners of Brevard County, Florida, met in regular session on May 24, 1999, at 9:07 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Truman Scarborough, District 1.

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

REPORT, RE: MANATEE PROTECTION WORKSHOP

County Manager Tom Jenkins stated the Board expressed desire to hold a Manatee Protection workshop in July; staff has coordinated the date with all Commission offices; and the workshop will be scheduled for July 29, 1999.

Commissioner O'Brien stated the plan should be discussed at a public meeting rather than at a workshop. Commissioner Higgs stated it will be a public meeting as all Board meetings are open to the public; she has no objection to including an opportunity for public comment at the end of the workshop; however, the Board spent approximately six hours recently listening to public comment without an opportunity for Board discussion, and the Board needs an opportunity to discuss the public comment and the position of the Department of Environmental Protection.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize scheduling a workshop on July 29, 1999 to discuss manatee protection.

Commissioner O'Brien stated time is not of the essence; there was ample opportunity for any Commissioner to make motions in public concerning the plan, but that was not done; and he has received many phone calls from people indicating they do not want to see this in a workshop format because they will not be able to advise the Board of the changes they would like to see. He stated when the Board starts excluding the public it is inappropriate.

Chairman Scarborough stated the Board has heard from the public, and the public is invited to attend the workshop to hear the comments; but the comments from the public may be more random and less valuable if they are not aware of the position of the Board. Commissioner Voltz stated that was the purpose of the last meeting, and the Board did not take advantage of it; and suggested it may have been preferable to have discussion with DEP and then take public comment. Chairman Scarborough stated people would have been unable to stay late enough to hear everyone; with Commissioner Voltz responding most of the people would have stayed, and it could have been continued to another meeting. She stated the Board did hear quite a bit, but did not hear any comments on what the Board could possibly be doing; and it would be good to open the workshop to public comment as it goes along. Chairman Scarborough stated as the Board takes each issue, it can take public comment only on that issue; and part of the problem previously was the Board heard comments on things about which it has no authority, such as songs and textbooks.

Commissioner O'Brien stated if the Board is going to do a manatee plan, it should involve the public because it directly affects every citizen in the County. He stated Chairman Scarborough commented on the Board having nothing to do with the songs and textbooks, but under the education portion of the plan, it does; and the Board needs to make sure the educator the County hires is reminded which songs are inappropriate.

Chairman Scarborough called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, Higgs, Carlson and Voltz voted aye; Commissioner O'Brien voted nay.

RESOLUTION, RE: SHERIFF'S REFERENDUM

County Attorney Scott Knox stated he has prepared the resolution for the Sheriff's referendum; and inquired when the Board wants to consider it; with Chairman Scarborough suggesting it be brought back at the end of the meeting.

REPORT, RE: MERRITT ISLAND MUSTANG BASEBALL TEAM CHAMPIONSHIP

Commissioner O'Brien stated the Merritt Island Mustang baseball team is now the State Champion; the last time Merritt Island brought home a State championship was 1984 for football; the school has been known for football; but now it has done it for baseball as well. He stated he is very proud of them; and commented on newspaper coverage.

*County Attorney Scott Knox's absence and Assistant County Attorney Eden Bentley's presence were noted at this time.

Commissioner O'Brien stated this was only the second time Merritt Island had reached the State tournament; and it was their first time to play the championship game. He read aloud from Florida TODAY newspaper articles.

PRESENTATION, RE: INTERNATIONAL SPACE STATION

Chairman Scarborough stated the Board has expressed a lot of interest in the space program.

Bruce Melnick, former astronaut and Vice President of the Boeing Company, stated the Boeing Company, in cooperation with State Representative Randy Ball, is pleased to present the County with a model of NASA's international space station; Boeing is the prime contractor for the space station; and much of the final assembly is being done in the County. He described the SSPF building at the Space Center, and advised of processing that will be taking place.

*Assistant County Attorney Eden Bentley's absence and County Attorney Scott Knox's presence were noted at this time.

Mr. Melnick stated the new glory days of space are starting; and a lot of the space station hardware is in the County. He stated even though there are only two space station elements in orbit today, 80% of the hardware has already been manufactured; and in addition to NASA and Boeing employees, there are many other Brevardians who support the space effort. He expressed appreciation for the County's support of the space effort; stated the space station is currently in orbit and growing; and on Thursday, there will be another flight to the space station to begin outfitting the pieces that are already there. He stated Boeing has its headquarters in Titusville; and they appreciate the support of State Representative Ball. He stated it is Boeing's hope that everyone who sees the model will be reminded how important space is to the County and how important Brevard County has been to the nation's space exploration effort.

Chairman Scarborough expressed appreciation to Mr. Melnick and the Boeing Company.

State Representative Randy Ball stated the 1999 Legislative session was good for commercial space; the goal is to capture a large portion of the world of commercial space; over the next ten years, there will be between 1,000 and 1,700 satellite launch requirements; and that is a lot of business to attract. He stated previously the Legislative Delegation has devised projects to attract business; and there has not been pull from the top that is needed; but some things have happened. He outlined things done by the Delegation including $4 million appropriation to build the X-34 hangar, funding a reusable launching vehicle capture team, and passing the capital investment tax credit. He stated Governor Bush is very interested in this; and recently announced the appointment of Lt. Governor Frank Brogan to lead the space effort from Tallahassee. He stated the Governor also commissioned a study from the Volpe Center and intends to develop a master plan to show those things the State needs to provide to capture the business, validate projects, and analyze what is best for Florida. He stated State Representative Howard Futch passed an important transportation bill which orders FDOT to promote development of space transportation; it allows the MPO to include a representative, if it desires, of Spaceport Florida; and it established a space commission which will reinforce the Governor's actions. He stated the Legislature funded the expansion of the hangar at $1.2 million to accommodate the next generation of launch vehicles; and it established a financing corporation at a cost of $1.5 million to $1.6 million to establish relationships and organize financing through banking syndicates. He advised of unsuccessful attempts to bring the Delta 4 manufacturing plant to the County and retain the Tomahawk missile plant, and the inability to compete with other states due to the limited legislative session; and stated the Governor has been given a $4 million Quick Reaction Closure Fund, to be spent only with concurrence of the Speaker of the House and Senate President, in case something comes up in the interim such a critical infrastructure improvement.

Chairman Scarborough expressed appreciation for the work done by the Delegation; stated there is a mindset that these are Brevard County projects rather than State projects; and a lot of inroads are being made to transition the philosophy in Tallahassee. Representative Ball stated there have been many efforts in the local area to get the attention of the Legislature; and everything is beginning to come together.

Commissioner O'Brien inquired has Representative Ball been notified of the number of companies within the State of Florida that receive contracts and the money flows from Kennedy Space Center; with Representative Ball responding it is an extensive list Statewide. Commissioner O'Brien advised of a white paper done by the Cocoa Beach Area Chamber of Commerce showing all the companies that earn a living off the shuttle, missiles, etc.; and it represents a lot of money to other counties as well as Brevard County. Representative Ball stated they have reminded the Speaker of the House that the Titan 4 booster storage facility is in his District, and Senator W. D. Childers has a hydrogen fuel production plant in his District.

Ed O'Connor, Executive Director of Spaceport Florida, stated the role of Spaceport Florida is to be the Statewide integrator of implementation and support to the national space program in Florida; and there is a Statewide responsibility. He stated they work with communities across the State that have a desire to join the space program by having an improved economic base and including those activities within their community; and some activities are better located outside of Brevard County such as the liquid hydrogen facility in Pensacola which also services Alabama and Mississippi. He stated they also work with universities and educators because one of the key ingredients for Florida's success in the space program is having a trained workforce available; and advised of the Spaceport Florida office location at the front gate of Cape Canaveral Air Force Station.

Chairman Scarborough stated the Board had prior presentations, and has been advised of some of the exciting things that may be happening with research; and Spaceport Florida had a key role in helping everyone work together.

Mr. O'Connor stated the Delegation did an outstanding job; they are now in the first stages of contracting with the Volpe Center for a Statewide Integrated Strategic Plan for Space; and the intent is to have a briefing of the Governor and other political leadership by November 1, 1999 so this can be incorporated into a legislative package for next year that will be fully coordinated and presented by the Governor. He stated this will be the first time to have that level of support; advised of the Governor's interest; and gave updates on the Venture Star Program and the Space Station. He stated the doorway to the Space Station is in Brevard County; it provides opportunity to become an international spaceport; and advised of the need for an area of 400 acres to accommodate Space Station support that the U.S. Government will not fund. He stated one of the problems is that it is a federal enclave so private investment is restricted; and they have come up with something that will serve as a bridge between the local community and the launch pads. He stated activities that need to be close to the launch pads which are not funded by the U.S. Government will be on the 400 acres; and things that do not need to be close to the launch pad will be in other industrial areas off the Space Center. He stated the intent is to have a fully-integrated industry base.

PERSONAL APPEARANCE - CLARENCE ROWE, RE: LETTER TO DEPARTMENT OF ENVIRONMENTAL PROTECTION REGARDING INADEQUATE NOTICE

Chairman Scarborough stated Clarence Rowe requested the Board write a letter concerning the Department of Environmental Protection noticing two meetings in one advertisement.

Clarence Rowe stated he tried to send out proper notification of that advertisement to each of the Commissioners. Chairman Scarborough stated the Board has a meeting tomorrow; and if Mr. Rowe can provide that information to the County Attorney, a letter can be drafted for the Board's consideration.

Mr. Rowe requested when meetings will impact Brevard County citizens, that they be advertised in Brevard County newspapers; and stated an ad in a Tallahassee or Orlando newspaper is not beneficial to the citizens of Brevard County. Chairman Scarborough stated the County does not have direct jurisdiction, but will make a suggestion.

Commissioner O'Brien stated he brought up this issue three months ago; some of the ads run by DEP concerning items in Brevard County are run in the Tallahassee newspaper; and the people in Brevard County do not see the ad. He commented on the small print in the ad; stated older citizens would have difficulty reading it; and the Board may want to write a very strong letter to the Legislative Delegation, DEP, and the Game and Freshwater Fish Commission requesting all ads be readable by the public and if it affects the County, to be run in the County. Commissioner Higgs noted the ad in question was run in Brevard County. Commissioner Voltz suggested taking the issue to the Legislative Delegation; with Commissioner O'Brien agreeing.

Mr. Rowe stated the ad mentions the meeting on April 8, 1999, so the public was aware of what was taking place; however, within the same ad, it also mentions a meeting on May 13, 1999 which is 36 days later.

Commissioner Carlson stated Orlando Sentinel and Florida TODAY newspapers circulate in Brevard County; but sometimes the ad is only run in the Orlando Sentinel even though the biggest circulation is the Florida TODAY newspaper; and those discrepancies need to be remedied.

Attorney Leonard Spielvogel, representing Oleander Power Plant, stated the language of the ad was promulgated by the DEP, but published in the Florida TODAY newspaper by his client. He commented on ads published by the County; stated when the County does a Comprehensive Plan change, he cannot figure out which properties are being affected because the shading in the ad is very deceptive; and the whole issue of ads should be revisited so that people who are impacted are notified.

Commissioner O'Brien requested staff identify properties by street name so people will have a better idea of what they are looking at.

Commissioner Voltz inquired about the legal issues regarding ads. County Attorney Scott Knox stated the DEP ads are a creature of legislation and DEP rules; and it is a problem because people who are affected by things do not find about them until the last minute. He stated the Board could request the Legislature require DEP and other agencies to at least send notice to the County Commission; and if the Board requests individual notices to those people being affected, the response will be that it is cost prohibitive. Commissioner Voltz inquired what about the way the County advertises; with Mr. Knox responding the County follows the law, but he agrees sometimes it is difficult to determine what is shown on the maps. Mr. Knox stated the purpose is to put people on notice that something might be happening with their property. Commissioner Voltz inquired if there is any problem including the address; with Mr. Knox responding no.

Chairman Scarborough suggested sending a letter to DEP inquiring about the advertisement issue; and requested staff report to the Board with ideas on how to better notify people. The Board reached consensus to send a letter to DEP and instruct staff to report to the Board on ways to better notify people.

Commissioner Voltz inquired if this should be put in the package for the Legislative Delegation. Chairman Scarborough stated that would require more work. Commissioner Voltz inquired when will the Board have the meeting; with County Manager Tom Jenkins responding July, 1999.

REPORT, RE: MOSQUITOES

Chairman Scarborough noted Mosquito Control Director Jim Hunt is present; and advised the Commissioners have been getting calls about mosquitoes. County Manager Tom Jenkins commented on the lovebugs in Titusville.

RESOLUTION, RE: PROCLAIMING JUNE, 1999 AS HURRICANE AWARENESS MONTH

Commissioner Carlson read aloud a resolution proclaiming June, 1999 as Hurricane Awareness Month.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution proclaiming June, 1999 as Hurricane Awareness Month. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to Emergency Management Director Bob Lay. Mr. Lay advised 486 years ago Ponce de Leon came to Florida seeking shelter from hurricanes; there is still concern about hurricanes; and expressed appreciation for the Board's help in making the public aware.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: COUNTYWIDE MAINTENANCE DREDGING SERVICES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to bid future dredging services for the Maintenance Dredging Program, award bid to the lowest qualified bidder, and authorize the Chairman to execute Contract with the successful bidder. Motion carried and ordered unanimously.

GRANT APPLICATIONS AND AGREEMENT, RE: GATES LIBRARY INITIATIVE FUNDS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to apply for two Gates Library Initiative grants; and authorize the Chairman to execute the grant forms and Agreement when notification of the award is made. Motion carried and ordered unanimously.

AGREEMENT WITH SCHOOL BOARD, RE: USE OF SELECTED SWIMMING POOLS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with the School Board of Brevard County for joint use of swimming pools at Merritt Island High, Rockledge High, Satellite Beach High, Titusville High, Jackson Middle, and Madison Middle Schools. Motion carried and ordered unanimously.

MULTI-PARTY ACQUISITION AGREEMENT WITH DIVISION OF STATE LANDS OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: ENVIRONMENTALLY ENDANGERED LANDS PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Multi-party Acquisition Agreement with Division of State Lands of the Florida Department of Environmental Protection for purchase of lands by the EEL Program in the Scrub Jay Refugia, Maritime Hammock, and North Indian River Lagoon CARL Project. Motion carried and ordered unanimously.

COUNTY DEED AND AMENDMENT TO OPTION AGREEMENT WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: SALE AND PURCHASE OF KENTUCKY CENTRAL LIFE PROPERTY (MICCO SCRUB SANCTUARY)

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute County Deed conveying Kentucky Central Life property, purchased by the EEL Program, to the Board of Trustees of the Internal Improvement Trust Fund (IITF), reserving maintenance easements and a drainage canal; and execute an Amendment to the Option Agreement with the Department of Environmental Protection Division of State Lands, and the Title, Possession and Lien Affidavit and Environmental Affidavit that are required for closing. Motion carried and ordered unanimously.

PERMISSION TO SUBMIT GRANT PROPOSAL TO DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF INVASIVE PLANT MANAGEMENT, RE: REMOVAL OF BRAZILIAN PEPPER TREES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize submittal of a grant proposal to the Florida Department of Environmental Protection, Bureau of Invasive Plant Management, Mosquito Coast Exotic Plant Working Group for $49,724 to remove Brazilian pepper trees from selected sites on County-owned lands; and authorize the Chairman to execute any Agreements, if required. Motion carried and ordered unanimously.

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: SEASIDE OAKS PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Easement to Florida Power & Light Company for the Seaside Oaks property. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH SENIOR RESOURCE ALLIANCE, RE: SCAT VOLUNTEER IN MOTION PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Purchase of Service Agreement with the Senior Resource Alliance to pay SCAT $75,000 to provide transportation services for the Volunteers in Motion Program from July 1, 1999 through June 30, 2000. Motion carried and ordered unanimously.

GRANT CONTRACT WITH DEPARTMENT OF COMMUNITY AFFAIRS AND AUTHORIZE SOLE SOURCE PURCHASE FROM AJT & ASSOCIATES, RE: EM2100/EVAC2100 COMMUNICATOR CALL NOTIFICATION SYSTEM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Grant Agreement with Florida Department of Community Affairs for $100,000 grant to purchase a call notification system; and authorize sole source purchase of the EMCOM-2100/EVAC 2100 COMMUNICATOR call notification system from AJT & Associates of Cape Canaveral. Motion carried and ordered unanimously.

APPROVAL OF NEGOTIATED SETTLEMENT, RE: WORKERS' COMPENSATION CLAIM OF DALE F. GILROY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize Risk Management, through Gallagher Bassett, to settle the workers' compensation claims of Dale F. Gilroy at $60,000 including attorney's fees of $9,750 in exchange for complete discharge and release of the County from all claims. Motion carried and ordered unanimously.

ADDENDA TO AGREEMENTS, RE: COUNTY ATTORNEY AND COUNTY MANAGER

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Addenda to Agreements with County Manager Tom Jenkins and County Attorney Scott Knox providing for a revised disability clause. Motion carried and ordered unanimously.

RENEWAL OF DEPARTMENT OF REVENUE STANDARD CONTRACT, RE: CHILD SUPPORT ENFORCEMENT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Contract with the Florida Department of Revenue providing reimbursement for child support enforcement personnel and related office expenses from July 2, 1999 through June 30, 2000, up to $73,001. Motion carried and ordered unanimously.

APPOINTMENT/REAPPOINTMENT, RE: BREVARD COUNTY EDUCATIONAL FACILITIES AUTHORITY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to appoint Joy Gilliand and reappoint Dr. Andrew Revay to the Brevard County Educational Facilities Authority, with Ms. Gilliand's term to expire on December 31, 2000, and Dr. Revay's term to expire on December 31, 2003. Motion carried and ordered unanimously.

The meeting recessed at 9:56 a.m. and reconvened at 10:11 a.m.

PRESENTATION OF #P-1-9-17R PROPOSALS, RE: OPTICAL SCAN VOTING TABULATION EQUIPMENT

Chairman Scarborough stated there will be three presentations by vendors on the optical scan voting tabulation equipment.

Supervisor of Elections Fred Galey stated for five years he has been saying the County needed to move forward to prevent someone from accidentally losing their vote by overvoting a ballot; and the three systems being shown prevent that at the ballot box.

Chairman Scarborough stated he watched thousands of cards being processed; it is frightening to think some cards could be lost; and with the new systems, the ballots are counted immediately, and if there is a problem, it is known at that time. He stated the people at the polls will know things are counted correctly; and there have been questions in the past about transporting ballots. Mr. Galey stated it will not be necessary to transport any uncounted ballots; the ballots will be counted as they go into the ballot box; a paper tape tabulation will be left in the precinct; and that will occur before anything is transported into the central site for consolidation. Chairman Scarborough stated there will still be a hard ballot in case of recount. Mr. Galey stated all three systems have a paper ballot that could be hand counted and visually inspected if necessary. He introduced Robert Pickett of Global Elections, John Krizka of Sequoia Pacific, and Keith McGinnis and Paul Griego of ES&S. Robert Pickett, representing Global Elections, addressed the cycle of obsolescence; and advised of problems with multiple card, central count voting systems. He stated 18% of the voters in 1992 did not turn the ballot over and vote for candidates on the back of the card; the candidates who suffer in that kind of election are the local candidates; and advised of problems with ballot accountability. He advised of procedures to transport uncounted ballots; and stated by the time the ballots go from the voter putting them in the ballot box to the final tabulation, many hands have touched the ballots. He stated the current system cannot be upgraded or changed; it is hardware bound; and advised of the history of election equipment in the County. He advised the election environment has changed; it has grown from 60 precincts to 160 precincts; it has grown from less than 100,000 registered voters to 250,000 registered voters; the size of the ballots have grown from two cards per voter to six or seven cards per voter; and the current voting system is overwhelmed. He stated when the system was purchased, it could do the job; and advised of technological changes in the 1980's. He advised Unisys developed the Accuvote system which was software driven, modularly constructed, smaller, lighter weight, more powerful, long lasting, and evolutionary, but in two years on the market, only two accounts were sold, so they got out of the business. He stated a group formed the Global Election Systems which got the patent, manufacturing, and marketing rights for the Accuvote system; and between 1992 and today, 643 accounts have been sold, with the largest being King County in Washington. He advised the State of Alaska bought the Accuvote system last year; it previously had the Datavote system; and even with the distances and logistics, it was possible to get the election done by 3:00 p.m. or 4:00 p.m. the day after the polls were closed. He advised of the components of the system, certification, ballot size and type, and advantages of visible light readers; and outlined the ballot creation and tabulation process.

John Krizka, representing Sequoia Pacific Corporation, distributed written materials to the Commissioners; and advised of the background and history of the company. He stated over 18,000 units such as the one proposed are being used in the United States as well as various DRE systems; Sequoia Pacific is the present manufacturer of the Datavote system in the County since 1977; and they have a new product that will be available for at least 20 years. He stated it is the most widely accepted voting system in the United States; it benefits the poll workers, candidates, voters, and election administrators; and it has accuracy, speed, and ease of use for voters. He stated Sequoia Pacific also owns the AVM lever machine; two years ago, Sequoia Pacific bought from Business Records Corporation the trademarks, patents, technology and manufacturing facility; Sequoia Pacific is the owner of the product; and all advancements of the product from 1998 belong to Sequoia Pacific and are proprietary. He advised of rights of Sequoia Pacific versus those of ES&S with respect to Berkley, California manufacturing facility; stated the facility continued under the operation of BRC until November 20, 1998; Sequoia Pacific and ES&S had the right to order Optech equipment for production during that time; and after the transition period, Sequoia Pacific took over the facility. He stated ES&S will make arrangements to produce or otherwise obtain Optech equipment under penalty; and ES&S may not offer Optech equipment to new customers after December 31, 1999; however, it does have the perpetual right to sell Optech equipment and provide support to customers as of that date. He stated all advancements made to the product as of November, 1998 belong to Sequoia Pacific only; and described the Optech Eagle. He requested opportunity to give a full demonstration to the Board; stated it is the most widely used system in the country; and he wants the Board to thoroughly understand the system. He advised of the specifications and features of the system; outlined the voting process using the system; and described what happens when there is an overvote. He commented on the ballot used with the system; and stated it is the only one that can accommodate more than 680 voting positions. He stated the FEC requires that any unit must comply with FCC Class B radio emissions; and this is the only system which does that.

Chairman Scarborough stated the Board had an extended workshop, and had an opportunity to discuss the systems in more detail.

Keith McGinness, representing ES&S, stated all three vendors have systems that can count ballots, an absentee system, and software; but ES&S is selling the company. He stated ES&S has 35 years of experience, and there is over 4,000 years of experience from the employee standpoint; the company did almost $70 million last year in election-related products; and out of the 3,200 counties in the United States, ES&S does business in approximately 2,100. He stated ES&S's products have been certified by the State; and described various systems which are available. He advised of the history of ES&S; outlined the scope of services and products of the company; and stated they are tested by Wyle Laboratories. He stated in the voter registration arena, ES&S has statewide systems with Missouri, Utah, Canada, Nebraska, and Maryland; in the State of Florida, there are 14 voter registration customers; and 6 of the 14 counties make up approximately 65% of the total voting population. He stated they have counted over 100 million ballots each year, from 1994 to the present; and the system that is being proposed is the same one used by Orange, Clay, and St. Johns Counties. He advised of other counties in Florida using a Marksense system; stated they spend more on research and development than most companies make in a year; and they are approximately $200,000 lower in price compared to the next vendor.

Paul Griego, representing ES&S, stated it is important to look at the company; ES&S has 400 employees who work on elections only; and advised of cities, states and countries which purchased systems from ES&S in the last year. He stated all of the voting equipment works; it has all been thoroughly tested; and the important part is who will take care of the County after the fact. He stated ES&S has its own training facility and training videos; ES&S will be present for the first few elections to make sure the training goes on; and after that, training materials can be left with the County. He recommended the Board check on the facts; and advised of the different counting systems for absentee ballots and the differences between precinct counters and a central counting system.

Chairman Scarborough stated one system is being offered by two different vendors. Mr. Galey stated there are three precinct count companies certified in the State of Florida; Florida is the premiere state in terms of certification; two companies are offering the same equipment; and one is offering a different type of equipment. He stated Global has Accuvote, and the other two companies are offering the BRC system; and Sequoia purchased the right to manufacture the BRC system and ES&S is in the process of developing the manufacturing capabilities, or will have to purchase from Sequoia.

Bea Polk expressed opposition to having a modem hookup. Chairman Scarborough noted in the cost summaries, the companies showed costs with and without a modem.

Nelly Strickland expressed opposition to having a modem hookup; and requested the shades be kept open so the public can view the ballot counting process.

Chairman Scarborough noted Sequoia lists software maintenance costs of $7,500 and ES&S lists $35,000; and inquired why would maintaining the same system vary that greatly in cost. Commissioner Voltz stated one has the software and hardware together, where the other has them separated out.

Mr. Galey stated he has dealt with all the companies and observed the operation of the systems in different locations; and his primary concern is the ease of use for the poll workers including the amount of weight they have to lift. He stated the systems all work and are certified; but he has a preference for the lighter weight solid state system.

Commissioner O'Brien stated Sequoia Pacific is the manufacturer of the equipment; for the outright purchase the company is asking $1,076,000; ES&S, which is not the manufacturer of the same equipment, is asking for substantially less at $984,000; and he does not understand why the manufacturer is asking for more than the distributor is. He stated there is a $9,000 difference between the maintenance costs of ES&S and Sequoia, ES&S being the lower; and Sequoia Pacific is giving $165,000 for credit for surplus while ES&S is giving $224,000. He expressed concern that one of the companies may be purposely lowballing with the belief that it will come back every year with updates, maintenance, etc. to drive the costs up substantially in the future; and inquired if the Board wishes to set a cap on change orders to this purchase. Commissioner Higgs stated she appreciates the concern, but does not think the Board has the ability to do that. Chairman Scarborough stated the Board cannot bind future Commissions.

Paul Griego, ES&S, stated the company has 2,200 counties which are customers; it cannot randomly charge fees or change fees; and it has to have a standard price list. He stated he would be more concerned about Sequoia Pacific which only has one county using the system. Commissioner O'Brien noted Sequoia Pacific manufactures the equipment; with Mr. Griego responding ES&S used to manufacture the equipment and will start manufacturing it again in its own facility. Commissioner O'Brien stated if the County needs repairs on the machines, ES&S will have to go to Sequoia Pacific to buy the parts; with Mr. Griego responding ES&S has its own parts manufacturer. Mr. Griego clarified Sequoia Pacific does not make the parts, but buys parts just like ES&S does. Mr. Krizka advised that is incorrect. Mr. Griego stated he can provide information from the facility that ES&S buys its parts from; ES&S is willing to put in writing that it will give Brevard County the same price list as everyone else; and there is a one-year warranty which begins with the first use. He stated ES&S has a track record of 35 years; it has 2,200 counties which use the equipment; they are not going to gouge anyone; and the price is dictated by the customers. Commissioner O'Brien stated Sequoia Pacific is the manufacturer and ES&S is the distributor. Mr. Griego stated after December, 1999, ES&S will maintain all the equipment that is out there and sell new products to existing customers. Commissioner O'Brien inquired how many Sequoia machines has ES&S sold in the past two years; with Mr. Griego responding thousands. Mr. McGinness stated the last sale of the Eagle system was to San Francisco; and other recent sales were the City of Detroit and the State of Rhode Island. He stated none of the vendors manufacture the systems; they all put together the parts which are bought from someone else; the manufacturing part he was referring to was building the machines; and ES&S can build its own machines. Mr. Krizka stated the manufacturing facility for the Optech Eagle is in Berkley, California; he invited Mr. Galey to view the manufacturing facility; certain parts are bought and not manufactured; but many things are proprietary and done in-house. Commissioner O'Brien inquired if the County buys the equipment from ES&S, will Sequoia Pacific continue to supply ES&S with the parts that are proprietary to Sequoia Pacific for the machines that were manufactured by Sequoia Pacific; with Mr. Krizka responding no, and as of November, 1998, no further enhancements will be available to anyone except Sequoia Pacific customers. Mr. McGinness stated AIS and BRC merged to form ES&S; Sequoia Pacific got the rights to the Eagle and the software at the end of 1997; and the way the Contract reads, ES&S has a perpetual agreement. He stated ES&S can make any modifications it wants to the product; it holds the software rights as well as Sequoia Pacific; and if ES&S finds something better, it can manufacture another part to make the machine better. Commissioner O'Brien stated right now Sequoia Pacific is making the machines for ES&S; if the County purchases from ES&S, it will be getting equipment manufactured by Sequoia Pacific; after December, 1999, parts that are proprietary to Sequoia Pacific will be unavailable to ES&S; and therefore, the machines cannot be fixed. Mr. McGinness stated that is not true; right now ES&S has a surplus of 2,000 machines; the County is only looking for 167, so ES&S can fill the order; the warranty is for one year after first use; and outlined the options for repairing the machines including buying parts from Sequoia Pacific, buying from ES&S, and fixing the machines in-house. He stated they will always have the rights to the parts and will never run away from the customers.

Commissioner Higgs inquired after November, 1999, what products will ES&S sell to new customers. Mr. McGinness responded ES&S has developed a new system, the 100 model; it is an optical scan system; that is their next target market; and it should be certified in Florida in July, 1999. He advised at the time of acceptance, if the County prefers the 100 model, it will sell it at the same price. Commissioner Higgs inquired can ES&S put in upgrades to the machine it is offering to the County; with Mr. McGinness responding if they were to change the hardware, it would be building a new machine which would cost money; and none of the vendors will give anything that will change the physical part of the machine. Mr. McGinness stated they can make software enhancements; and they will give the County those. He stated anything the State mandates, ES&S will give to the County; but anything the County wants specifically done will involve a charge.

Commissioner O'Brien inquired about ballot counting rate of the machines; with Mr. McGinness responding the ballots will already have been counted when they get back to the central site; and all that will be done at that point is generate reports. Mr. McGinness advised of the absentee counting system. Commissioner O'Brien inquired what would be the purpose of having a canvassing board if all the ballots are counted before they get back to Viera; with Mr. Galey responding the canvassing board is to look at the absentee ballots, but it would not be necessary to have the late night canvassing board with either of the systems because they are counted as they are dropped into the ballot box. Mr. Galey stated there is no system that will tabulate ballots if they are not properly marked; and that is what the canvassing board looks at. Mr. Krizka advised the Optech 4C tabulates ballots at 400 ballots a minute which would be 24,000 an hour; absentee ballots can be counted rapidly; and the rate becomes important when there is a recount situation. Commissioner O'Brien inquired what is the optimum count per minute on the present equipment; with Mr. Galey responding the card readers the County has are rated at 1,000 cards per minute; but actually it is approximately 400 per minute because of the way the cards have to be handled. Commissioner O'Brien stated although there is a high optimum rate, the actual rate would be less; with Mr. Galey explaining the process to use the card readers. Commissioner O'Brien stated Sequoia Pacific is asking a 5% interest rate; ES&S is saying 6.4% or 5.9%; and inquired what is the financial difference over a period of eight to ten years. Mr. Galey stated the Board is looking at internal financing; and Budget Director Kathy Wall did that at 3%. County Manager Tom Jenkins stated commercial paper would be used which would be a lower interest rate than that of any of the vendors, so that number will not play into it. Commissioner O'Brien inquired about a five-year lease; with Mr. Galey responding the decision is up to the Board, but lease is always an option. Commissioner O'Brien stated it would be $182,000 per year for Sequoia Pacific on a five-year lease; and at the end of five years, if the equipment was not good, it could try something else. Commissioner O'Brien stated it was also pointed out that if the Board had purchased equipment two years ago, they would not have been able to get scanners which would read multiple ink colors. Mr. Pickett stated the Global Election Systems Accuvote has a visible light reader in it, but the others do not; it has a battery that can sustain counting four to six hours; it weighs 14 pounds as opposed to 37 and 38 pounds; and it can be upgraded. Commissioner O'Brien stated the County Attorney advises there are legal constraints on a lease. County Attorney Scott Knox advised if the value of the equipment is $1 million or more, the County cannot lease-purchase it under the Charter. Commissioner Higgs inquired if the equipment was less than $1 million, could the Board lease-purchase; with Mr. Knox responding affirmatively. Commissioner Higgs noted she is not suggesting lease-purchase.

Commissioner Voltz stated Commissioner O'Brien said ES&S had the lowest cost for software maintenance, but actually it is $3,000 more when the hardware and software are put together. She stated ES&S said it would be here for the first several elections, but she did not hear that from the other vendors. Mr. Galey advised that is a standard requirement. Commissioner Voltz inquired about the margin of error, and are the figures exact; with Mr. Galey responding not according to the way the vendors had to bid. Commissioner Voltz inquired if the vendor will be in the Supervisor of Elections' office on the day of the election; with Mr. Galey responding in all cases, they will have representatives present in his office and some available in the precincts. Commissioner Voltz inquired about marking the ballot; with Mr. Galey responding a copy of each ballot was in the proposal package. Mr. Krizka explained how the ballot is marked. Commissioner Voltz inquired about absentee ballots that are folded; with Mr. Galey responding it is not a problem. Commissioner Voltz inquired what if a person scratches out a name; with Mr. Galey responding if it happens at the precinct, they can get another ballot; and on the absentee the canvassing board would duplicate the ballot. Commissioner Voltz inquired about the ballot sizes and costs. Mr. Galey responded the cost of the card is approximately the same, but the difference is in the printing; the cost for the Global system is approximately the same each time because it is the same card each time; and the vendors can advise what the costs would be for the different size ballots. Commissioner Voltz stated Sequoia Pacific said they were non-electrical units, but then something was said about them being plugged in; with Mr. Krizka responding the Optech Eagle is the only self-contained voting unit; and there is nothing electrical in the ballot box. Mr. Galey explained the differences in the systems.

Commissioner Higgs inquired about counting of absentee ballots. Mr. Pickett advised of two ways to handle absentee ballots, real-time and batch processing; and stated they can be fed in manually at 1,800 an hour, or with the feeder at 3,000 ballots an hour. He stated instead of the batch mode, a lot of offices are feeding absentee ballots into the Accuvote on Tuesday morning as they are opened; and by the time the last absentee ballot is opened, they have all been fed into the system. Commissioner Higgs stated at 1,800 ballots an hour, it would take 20 hours to count. Mr. Pickett stated six feeders are proposed, so that would be 18,000 ballots an hour. Commissioner Voltz stated it would be safer to feed the ballots in directly. Commissioner Higgs inquired if Global uses paper stock; with Mr. Pickett responding the paper stock is standard paper stock. Commissioner Higgs inquired if the Global ballot has to be back and front; with Mr. Pickett responding yes, and the ballot is anywhere from 12 to 18 cents per ballot to print.

Commissioner Carlson stated after a superficial review, she liked the global system the best because it was more modern and had a very simple design; but all of the systems provide the functionality that is needed. She stated Global has been around for less than ten years, and has undergone explosive growth; it has provided financial information for only two and one-half years, and one of the years was a loss; the most recent quarter showed a loss; and growth this fast can lead to financial and management problems. She requested Mr. Pickett speak to the financial climate of the organization. Mr. Pickett stated Global is the fastest growing voting equipment company in the history of the industry; the company has sold an average of seven accounts per month since it went into business; and there have been growing pains. He stated over the last year and a half they have moved the corporate headquarters to Texas to centralize; they are a publicly held company on the Toronto Stock Exchange, getting ready to move to the NASDAQ; and they are in the process of putting the company together with others to grow a bigger and stronger company. He stated the company is financially sound; last year they did $20 million in business; this year it will probably do $20 to $25 million; there is no long-term debt; and they anticipate growing stronger as they go down the road. Commissioner Carlson inquired if it would be appropriate for the Board to consider the newer equipment that is coming out. Mr. Pickett advised the new version is only in the software upgrade; the Acuvote itself will stay the same; and explained the upgrade. Commissioner Carlson inquired if there is any other different functionality the County might need; with Mr. Pickett responding when they upgrade, it traditionally increases the speed of the counter. Mr. Pickett stated the company is certified in 38 states; every state has a different counting requirement; all counting requirements are put into all of them; and when they are upgraded, they are all upgraded. He stated Global has eleven accounts in Florida; the oldest is Leon County which bought the system in 1990 from Unisys; and the equipment looks just like the unit which is before the Board. He advised of various upgrades including modems, postscript, and visible light readers. Commissioner Carlson inquired what is the warranty; with Mr. Pickett responding one year from the first use. Commissioner Carlson inquired about error confirmation; with Mr. Pickett advising how overvotes are handled. Commissioner Carlson inquired if the prices are the best offer or negotiable; with Purchasing Manager Joellen Moore responding that is up to the Board. Mr. Krizka stated Sequoia Pacific can provide a best and final offer; and compared various prices. Chairman Scarborough stated the question is whether the vendors are prepared to give a better offer this morning; with Mr. Krizka responding Sequoia Pacific would be glad to work with the County on price. Chairman Scarborough stated once the bid is awarded, it is too late. Mr. Krizka indicated he is willing to reduce the price; with Chairman Scarborough inquiring how much.

Discussion on responses to RFP, time to negotiate on price, ranking the companies, additional information, final bids, final date to order to be ready for March primary, delivery time, June, September, and November elections, small election for the practice, and use of systems in previous elections.

Commissioner O'Brien stated one of the vendors has 2,200 machines in stock; and even if the order is placed in July, that order could be filled. He stated that would give 90 days to get the machines up and running and pollworkers trained. Mr. Galey stated they all bid a 60-day implementation; and they cannot use any of the systems until they have the final authority and certification by the State as far as the County's security procedure.

Chairman Scarborough stated looking at the net purchase amount, moving from Global to ES&S there is a 33% increase in the cost of the system as well as a difference in maintenance costs; and inquired if there is a disadvantage in going to ES&S instead of Sequoia Pacific because of the proprietary rights; with Mr. Galey responding yes, in his opinion. Mr. Galey stated all of the Optech equipment that was sold was by BRC, prior to the purchase; and inquired if there have been any sales after the purchase; with Mr. Griego responding yes, to Clay, Bay, Holmes and Washington Counties as well as to San Francisco. Chairman Scarborough stated ES&S has the full rights to the software; and it is the hardware where the issue arises; with Mr. Galey responding it is his understanding they will always have availability, but the parts may be assembled and purchased from different locations. Chairman Scarborough stated he is still confused on that issue; with Mr. Galey agreeing, and suggesting the representatives explain further. Mr. McGinness stated ES&S is willing to put on paper whatever the Board needs to see in terms of what the equipment will do in the next 20 years; and advised ES&S is a $70 million company. Chairman Scarborough inquired if ES&S has the right to deal with the software and make software improvements; with Mr. McGinness responding yes. Chairman Scarborough inquired if the equipment is not manufactured by ES&S, but purchased from someone else. Mr. McGinness responded all vendors buy parts and manufacture; they had to manufacture their own equipment after they left Sequoia Pacific; and they can do that in the Omaha, Nebraska facility. Commissioner Voltz stated the representative from Sequoia Pacific said something different. Mr. Krizka stated Sequoia Pacific owns the rights, manufacturing facility, technology, trademarks, and patents; and any improvements that Sequoia Pacific and the engineers who developed the system make will be proprietary to Sequoia Pacific and not available to other companies. Commissioner Voltz inquired if ES&S can make its own technological advances to the machines; with Mr. Krizka advising that is correct.

The Commissioners each ranked the firms. Mr. Jenkins stated Commissioner Scarborough ranked the firms, (1) ES&S, (2) Sequoia Pacific and (3) Global Election Systems; Commissioner O'Brien ranked the firms (1) Global Election Systems, (2) Sequoia Pacific and (3) ES&S; Commissioner Higgs ranked the firms (1) Global Election Systems, (2) ES&S and (3) Sequoia Pacific; Commissioner Carlson ranked the firms (1) Global Election Systems, (2) Sequoia Pacific, and (3) ES&S; and Commissioner Voltz ranked the firms (1) Global Election Systems, (2) ES&S and (3) Sequoia Pacific.

Chairman Scarborough inquired what the Board wishes to do. Commissioner Voltz suggested going back and negotiating a price with the number one ranked vendor. Chairman Scarborough stated Global Election Systems was ranked first, but is the most expensive, and he voted to some extent based on price. Mr. Jenkins advised Global Election System received 7, ES&S received 11 and Sequoia Pacific received 12. Commissioner Higgs stated there was some indication that there was a willingness to make best and final offers; she is concerned about price of the system, expansion of warranties, and price of upgrades; and a best and final offer could be delivered to the Purchasing Office in compliance with the specifications, and brought back to the Board in July. Commissioner Carlson inquired if Commissioner Higgs is suggesting best and final offers from all three firms; with Commissioner Higgs responding yes.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to get a best and final offer including price and warranties from each company, Global Election Systems, ES&S, and Sequoia Pacific, and return to the Board in July, 1999. Motion carried and ordered unanimously.

Commissioner O'Brien stated Mr. Galey convinced him with the cost comparisons and long-term look at cost of operations; he indicated with the Marksense system after five years, there should be savings of approximately $320,000; and he would like to see the new numbers at the meeting in July, 1999. He stated the savings are significant and should be reflected in Mr. Galey's budget every year. Mr. Galey inquired what new numbers does Commissioner O'Brien want to look at; and stated the numbers were an estimate. Commissioner O'Brien stated the firms will come back with their final numbers in July, and he would like to see the projected savings then. He stated too often the Board is told that money will be saved; he is voting for the Marksense system because of the numbers given; and he would hate to see in the future that it would cost more.

Mr. Jenkins inquired about the timeframe. Commissioner Higgs stated Ms. Moore will determine what the specifications are as well as the timeframe.

Mr. Krizka stated he requested an opportunity to give a full demonstration; and it would be in the County's best interest to understand what it is looking at in terms of a system and the differences.

Discussion ensued on what systems were seen at the workshop, when a demonstration can be given, when the item will come back to the Board, and scheduling a demonstration of the equipment.

Commissioner O'Brien recommended each vendor meet separately with Mr. Galey to address the equipment. Mr. Galey requested Joellen Moore attend any meeting with the vendors.

CONSIDERATION, RE: ECONOMIC DEVELOPMENT TAX ABATEMENT PROGRAM GUIDELINES

Chairman Scarborough expressed concern about the methodology and to what extent this becomes a big employer issue; stated the employer and capital investment guidelines are geared to the larger entity; and he is not prepared to move forward with this until he meets with Ms. Weatherman and Mr. Hoyman.

Lynda Weatherman, President of the Economic Development Commission of Florida Space Coast, advised Chas Hoyman, Chairman of the Ad Valorem Tax Abatement Committee, is also present; and stated they have some slides for the Board. Ms. Weatherman stated in November, 1994, the Economic Development Tax Abatement Program was placed on referendum and voted in by the people of the County; there are certain mandates within Florida Statute 196 that cannot be changed by ordinance; and outlined the mandates. She stated prior to presenting the guidelines, the EDC did a survey to find out what other communities have passed such a program and how they look at the degree and length of exemption. She stated 32% of the counties responded; 67% had not voted in Statute 196; and the one closest to the County in terms of level and depth of review was an area of Memphis, Tennessee. She stated there should be a detailed economic impact analysis; and it should not just be across the board. She stated they looked at three areas for review, jobs, what kind of wages the jobs are paying, and the capital investment; the bigger the impact in those categories, the larger the savings would be; and displayed a slide showing the proposed guidelines. She stated the length of exemption was based on number of employees, with the minimum being 10; degree of exemption was a combination between capital investment and wages; and advised of examples. She stated there was a concern about wage levels; and they need to encourage those companies that are paying above average wages and provide some kind of incentive.

Commissioner O'Brien stated it says ten net new jobs and a capital investment of $1 million would give a 50% exemption for four years; but what it is not saying is what the projected amount of savings would be in dollars. He stated the numbers do not speak for themselves; and a dollar value would tell a lot more. Chairman Scarborough stated the Board wants to know how much in tax dollars is being given up. Ms. Weatherman stated she can do that; this has been a successful program; she wants to continue it; and that will be taken into account. She advised 50 net new jobs with an average wage of $30,000 and a $1 million capital investment would get 100% exemption for six to eight years. She stated more examples can be provided if the Board desires; the Committee has put a lot of time into this; it is serious about doing the due diligence on behalf of the County; and that is why there is a more elaborate review.

Chairman Scarborough stated Economic Development Director Greg Lugar put together a history and status report; a cursory look shows that the County is back where it was; but that is not true because there is more emphasis on wages. He stated when he talks to people, the problem is not that there are no jobs, but that there are no quality jobs; the McDonnell Douglas plant closed, and a Wal-Mart opened; but that is not the same thing. He stated it is not that tax revenue is being given up, but what is being created as a community and whether it can be maintained; and there is a history of County residents getting better than normal wages for the State because there is manufacturing. Chairman Scarborough stated the Statute requires ten employees; and suggested going to a percentage basis.

Ms. Weatherman stated the original guidelines looked at it two different ways; it was originally designed that if a company was relocating to the area, it had an absolute number of jobs; but if a company was here all along and had ten employees, and then employed another ten over a 12 month period, that is 100% increase, and it was tied to a higher degree of exemption. Chairman Scarborough indicated desire to look at that.

Chas Hoyman stated the Committee tried to listen to five different voices and come up with a plan to move forward; and these are guidelines. He stated there are people who are applying for the exemption; and there are others who spend a significant amount of time analyzing every dollar of their investment to decide if it comes to Brevard County. He stated when the interview process is done with a company, they listen to that and may go outside the guidelines based on certain criteria. Chairman Scarborough advised he would like to reach out to those businesses leaping up in the numbers.

Commissioner Carlson inquired about the emphasis on capital investment; and stated the average between the proposed and the original would be a different rating. Mr. Hoyman stated he is confused as to which is the original; with Commissioner Carlson advising the original is less than $50,000 is zero, $50,000 to $100,000 is one, $100,000 to $250,000 is two, and $250,000 plus is three. She inquired why is there such a big gap, and why less than $250,000 would not be a one, two, three kind of thing; and stated it would put more emphasis on wages.

Chairman Scarborough stated the Board did not care how much the company spent, but wanted to encourage creation of jobs. He advised of the small capital outlay for a software company. He stated if an individual puts a big capital investment out there, he benefits in a substantial way because it is exempted; and an individual who puts out a minimal amount may not find it worth running through the program because there is so little tax benefit. He stated the incentive is built in with the exemption; with Mr. Hoyman noting it also is the actual tax that is charged. Chairman Scarborough stated the tax savings is proportionate; if it is capital intensive, it benefits; but if it is not capital intensive, the program is not as much of an enticement to come to the County. He stated if someone does not have a large capital investment, they may not be interested in talking to EDC. Mr. Hoyman stated they may not be interested in talking about the tax abatement, but that is where Ms. Weatherman's job comes in to explain all the other benefits. He stated they take the capital investment as part of the criteria, try to mesh everything together, and realize the lower investment in equipment, building, etc., the less tax it will have; and they focus on wages, and the higher paying wages will get a significantly higher percentage of tax abatement.

Commissioner Carlson stated a guidelines analysis was provided; the Ordinance says the Board is supposed to have the Property Appraiser's information first and then have recommendations from the County Manager and EDC; but when she was looking through the Ordinances for various companies, she did not see those assessments. She stated she has not gotten information on the net benefit to the County; the Board is supposed to get annual reviews of all the companies; and inquired if that is being done. County Manager Tom Jenkins advised Mr. Lugar brings that information to the Board when a company is not meeting the guidelines. Commissioner Carlson stated the Board is supposed to look at all of them on an annual basis; with Commissioner Voltz advising Mr. Lugar does that. Chairman Scarborough stated he has seen the ones removing them more than the others; with Commissioner Voltz responding it is more important to see the ones that are not meeting the guidelines. Commissioner Carlson stated she talked to Mr. Hoyman and Ms. Weatherman about getting the numbers from the Property Appraiser on one sheet of paper, showing the actual benefit to the County; and she would like to see purchasing power and things like that. Ms. Weatherman stated questions could be asked in the application to provide information on the economic impact for a more holistic view. Commissioner Carlson stated in order to look at the net benefit or cost of an abatement, there should be some sort of economic formula that says a person making a certain wage has a certain purchasing power; and those numbers can be added to show what is being gained or lost. Ms. Weatherman stated the EDC does an economic impact analysis based on the multipliers, and it may be expanded; and she will be happy to provide that information. Chairman Scarborough stated Commissioner Carlson is asking for more than that. Mr. Hoyman inquired when Commissioner Carlson wants to see that, throughout the life of a project or when they are proposed; with Commissioner Carlson responding prior to an ordinance being adopted. Commissioner Voltz suggested at the time of the tax abatement. Commissioner Carlson stated if the Board could see the net benefit of the abatement, that would help. Ms. Weatherman suggested it could be an economic impact analysis of the particular company and expansion, number of jobs, wages, multiplier effect, and everything that goes along with that. Commissioner Carlson stated the EDC probably already does that; with Ms. Weatherman agreeing it is done internally. Mr. Jenkins stated in order to do a meaningful comparison it would be necessary to how know much taxes are generated. Chairman Scarborough instructed the County Manager to work on this with the Commissioners.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table consideration of Economic Development Tax Abatement Program Guidelines to July 13, 1999. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel back to Chairman Scarborough.

The meeting recessed at 12:23 p.m. and reconvened at 1:30 p.m.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-3204 PROVIDING FOR INDUSTRIAL SITE PLAN REVIEW

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to hear Item IV.C., Public Hearing to consider an ordinance amending Section 62-3204, providing for industrial site plan review, out of order. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider an ordinance amending Section 62-3204, providing for industrial site plan review.

Attorney Leonard Spielvogel stated his concerns about the proposed ordinance are similar to those he has about the conditional use permit ordinance which was heard last week. He stated the proposed ordinance will require every site plan for industrial use to come before the Board; it will impose a difficult duty on the Development Director as he will have to exercise reasonable judgment in determining whether any of the other elements specified in paragraph h.1 are unreasonable or might adversely affect people; and outlined the various elements including noxious or offensive odors, heat, fumes, smoke, noise, glare, heavy truck traffic, vibrations, soot, dust, water pollution, air pollution contamination, or material (5% or more) diminution of an existing residential property. He stated if companies want to bring industrial uses to the County, they frequently go to the EDC; EDC brings the advantage of confidentiality to the table; and a potential business can get information on the County to determine if it wishes to relocate its business. He stated under the proposed ordinance, the EDC will be obliged to tell a potential industrial business that it will have to go first to the Development Director to see if the business has the potential for creating any of the listed problems; and future Development Directors may advise potential businesses that they must be prepared to take the matter before the Board for site plan approval. He advised of the problems with confidentiality and getting something in writing from the Development Director. He stated there is a lot of work that has to be done by a business operation that wants industrial use in the County; it is an expensive proposition with no assurance that the Board will approve; and inquired about definitions of heavy truck traffic and offensive odors. He stated paragraph 3 is whether there has been any adverse impact on one or more existing residential homes in the vicinity of the proposed industrial use which the Development Director determines may be a problem; and the Development Director will interpret this in a conservative way. He stated if there is an impact of 5% of more, it is grounds to deny the site plan; it says it may include expert opinion testimony; and he does not know what that means. He inquired what will happen if the business owner brings a bunch of appraisers, and a homeowner who has a problem brings an appraiser; and stated it will be up to the Board who it will accept. He stated there is not enough specificity; and requested the Board give the ground rules. He stated the Board did that very well in paragraph 2b where it talked about the performance standards established by State and federal law; but when talking about things which are subjective, that puts a big burden on potential businesses. He stated the Board indicated it wants to invite new businesses to the County, so it needs to spell out what the ground rules are.

Commissioner Voltz stated she agrees with Mr. Spielvogel; there is a lot of subjective material; commented on the lack of definition of "heavy industrial use"; and read from the proposed ordinance. She stated there can be a nuisance in any use; it does not matter if it is heavy industrial; and commented on problems with businesses being run from storage facilities. She read from 3, that no proposed use shall be approved if it is established by competent and substantial evidence which may include expert testimony that the value of one or more existing residential homes in the vicinity shall be reduced; and stated one home could have an impact, but the Board needs to look at the benefit to the entire area. She stated the Board needs to be careful with subjective statements; and the Board is in the process of developing performance standards which may be easier to swallow. She stated she cannot support the proposed ordinance.

Commissioner Carlson stated when the Board discussed performance based zoning, it was going to lump the power plant in with all industrial uses, but that created a problem; and the proposed ordinance was a way of capturing any new industrial uses so they could be previewed with the intention of tabling until the Board sees the new performance based zoning standards. She stated there is a lot of subjectivity; but inquired if the Board is going to get the performance based zoning in two months, is it worthwhile trying to hammer something out now.

Chairman Scarborough stated site plans are not currently reviewed by the Board; and this would be bringing it before the Board. He inquired who worked on this in the County Attorney's office; with Ms. Wilson responding Mr. Knox and another Assistant County Attorney. He inquired how critical is this timewise. Ms. Wilson stated there is nothing critical right now that requires passage or action. Chairman Scarborough suggested hearing both ordinances at the same time. Commissioner Voltz inquired if it would be more prudent to wait until the Board gets the performance based zoning and put them all together. Commissioner Carlson stated the original idea was to capture anyone who comes in and forestall until the Board sees the performance standards; due to the outcry, the Board separated power plants from industrial; and the proposed ordinance was suggested by the County Attorney, and is only on a temporary basis. Chairman Scarborough stated it would better to have Mr. Knox present. Ms. Wilson advised Mr. Knox had to attend a hearing, but plans to return at approximately 2:30 p.m.

Commissioner O'Brien stated he is fearful that the Board will be taking a step that makes things easier for government, but does not serve the public; the Board would be involved in micromanaging by reviewing site plans and all kinds of things where it does not belong; and inquired why pay staff if the Board is going to do their job. He stated that is not the route he wants to travel. He stated on page 1, paragraph 1, it says, "has a reasonable potential for creating an unreasonable annoyance or nuisance affecting the use and enjoyment of other real property located within the reasonably foreseeable one of influence of the proposed industrial use"; and stated it is subjective. He stated what is reasonable to him is that any industrial new growth keep all noise, dirty air, dirty water, etc. on their property; there is no definition of reasonable in the ordinance; and there may be different interpretations based on whether people appear before the Board to protest. He stated the Board has to be fair and equal; laws have to be applied universally; and the proposed ordinance leaves too much to political games, which is unfair to the public.

Chairman Scarborough stated the Board wants to discuss this further; and there are some good questions.

Commissioner Higgs inquired when the performance zoning information will be ready; and stated if it is ready in July, the Board will not have to move forward. Mr. Jenkins stated it will be August/September, 1999 before the Board will have a product; he is neither for nor against the proposed ordinance, but it was an interim measure; and once the performance zoning code is in place, the ordinance will go away because review of the site plans would be performed by staff. Commissioner Higgs inquired if the performance criteria will be reviewed by August 12, 1999 when the moratorium expires. Assistant County Manager Peggy Busacca advised the consultant will have it to the Board; but the question will be how much work the Board wants to see once it sees the draft. Mr. Jenkins stated a draft will be provided in the latter part of July. Commissioner Voltz stated the Board should set a workshop to discuss it. Commissioner O'Brien stated once the Board receives the consultant's ideas, it will have to schedule a workshop to understand what it has and decide if that is the path it wants to follow. Chairman Scarborough stated the Board is tentative on this issue; and it wants to get the County Attorney present to do some more discussion.

Discussion ensued on a date to table the issue.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to table consideration of an ordinance amending Section 62-3204, providing for industrial site plan review to July 6, 1999. Motion carried and ordered unanimously.

RESOLUTION, RE: URGING FLORIDA POWER & LIGHT COMPANY TO RE-POWER ITS CAPE CANAVERAL PLANT AND ELIMINATE VISIBLE EMISSIONS

Chairman Scarborough advised Commissioner Carlson provided some information; in the interim some people from the Port St. John area tweaked what Commissioner Carlson did; and he made that available to all Commissioners.

Commissioner Carlson stated the resolution was spurred by the Oleander issue; the original resolution requested FP&L to change its fuel; but she withdrew it when she realized of all the things that might solve the current problem, dictating fuel type was the least likely to succeed; the goal is not to dictate fuel, but to clean up what is coming out of the stack; and there are several technological possibilities that could cause that goal to be met. She distributed copies showing different types of technologies; and stated she made it clear to FP&L that if the ongoing economic modeling does not result in satisfactory results that the next step could be to look into the creation of an air quality ordinance as was done by Manatee County. She stated this is not a desirable option because it would require the manning and equipping of an air quality staff at an initial cost of approximately $350,000; and she was hoping a little pressure from the Board and a diplomatic resolution could accomplish more. She stated there have been many frustrating meetings with FP&L over the years, but the County has never gone on record stating it would like the plant to be cleaned up. She recommended doing that first to see what kind of response the Board gets; and that is the reason for the resolution. She outlined technological enhancements that could be done; and stated there are other options.

Ann Stacer, President of the Port St. Johns Homeowners Association, stated the Association is still disappointed in the resolution; and requested it be changed to include all existing and future power generating plants in the County. She advised of statistics for pollution by OUC and FP&L. She requested the County use its full authority to mandate that all power plants burn the cleanest possible fuel; and stated FP&L has no definite plans to re-power the Cape Canaveral plant. She advised of a meeting with FP&L and representatives of the Homeowners Association; and stated Mr. Sanderson advised Commissioner Scarborough is against forming an input committee. She stated they were advised if the resolution goes through as originally written, FP&L would go ahead, but if it was mandated, the chances were not good. She stated they have waited 35 years and are willing to take their chances with the mandate.

Douglas Sphar expressed concern about the title of the resolution; and stated eliminating visible emissions does not go far enough, and opens the door for low cost cosmetic solutions that do nothing about the invisible pollutants. He outlined the six principal air pollutants identified by the EPA; and stated the resolution should identify all the pollutants.

Nicki Kisner, President of the Canaveral Groves Homeowners, Inc., stated they share the concerns of Port St. John and support their efforts.

Mary Tees stated FP&L tries to be a good neighbor when it is a feel-good thing; but no one has answered the people's question concerning the effect of the emissions on the residents' health. She advised of higher incidence of sinusitis, chronic asthma, bronchitis, chronic bronchitis, and bronchiectasis in small children whose parents do not smoke; and inquired how much longer the citizens have to contend with this unreasonable nuisance. She stated they are not one house that has been affected by the plant, but an entire area; and the County is weakening its stand on the environmental issues. She stated it is not a question of people may get sick and FP&L may fix things; people are sick; the power plant may be re-powered; and this is the only state that grandfathers a plant in and never gives it a dead date. She stated this could go on for the next 35 years or longer, or until there is a law that makes FP&L clean it up; FP&L has a lot of political influence; and it is up to the County to address the issue of the health in this area, and forget urging FP&L to take action.

Charles Moehle, representing Modern, Inc., stated he lives on Cocoa Beach; from his porch he can see the layer of pollution; FP&L has not been a good neighbor; and the resolution should be stronger, expressing disappointment at the company's attitude. He commented on the company's financial status; stated the County should request a response to the resolution within six months to include a detailed action performance schedule; and a general resolution is not going to mean anything.

Chairman Scarborough stated he met with Mr. Sanderson and representatives of FP&L; they proposed a group to study the idea of making changes; and included in the group were the people who import the fuel oil that they burn. He stated it was clear that it was not people who had knowledge of the environment; but people whose pocketbooks would be directly affected by any alteration in their current procedure; and the meeting was not productive. He stated he encouraged the Port St. John people to make minor changes to the resolution; and that has been incorporated; but there is still some degree of disappointment in how far and where the County should go. He stated the language that FP&L will take steps to eliminate visible particulants would be incorporated; and while options are presented, without the Board becoming educated, he would not know if there is a need to incorporate the items into the resolution.

Commissioner Carlson stated the other reason to bring this up was to get the attention this is being given right now, and to make sure that everyone is aware that there are major pollutants in the County, and there may be a need to look into an air pollution control program. She stated the County cannot do anything; it has no rules or regulations; and it is bound by DEP which has the current standards. She stated the only way to go past that is for the County to create its own program; then it has to provide the air monitoring devices and the program to do that; but it can get the polluters to comply to the new standards. She stated if the Board is willing to do that, she would be 100% behind it.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve the County adopting its own air pollution control rules; and direct staff to look at the Manatee County Air Pollution Control Program, and bring back a proposal for the Board to consider.

Commissioner Voltz stated she disagrees with that; the standards the County has to follow now are fine; according to the State, the County has no problems as far as air pollution is concerned; and the Board is looking at creating another massive bureaucracy and more problems for the current businesses. She stated the federal and state governments are supposed to take care of those things; financially it would be disastrous for the Board to take this action; and there is no way she can support it.

Commissioner O'Brien stated he has trouble supporting this knowing that the cost could be from $250,000 to $350,000 for air quality based upon one or two power generating plants; if the Board intends to keep taxes down, it has to learn to stop spending money; and he does not want to see creation of another agency within County government. He stated he is not sure the State can cover all the problems of FP&L, but the Board can come out much stronger and work as a partner to FP&L; and he cannot support the program of Manatee County.

Commissioner Voltz stated if there was a major problem in the County, the Board would have to look at it; but there is no problem and she does not foresee a problem in the future. She stated the Board needs to do what it can to let FP&L know it needs to clean up; and if it does, there will not be any problem.

Commissioner Carlson stated it is not just power plants the Board will be dealing with; in her District there are two other air polluting issues, a cement industry and a metal recycling industry; and there could be multiple industries the Board will have to look at. She stated performance based zoning may assist the Board, but emphasized the need to let the power plants know the Board is serious.

Commissioner Higgs stated the Board should move forward in regard to air quality standards which will also be part of the performance zoning standards. She stated she sees no problem endorsing the resolution at the same time the Board endorses the standards and begins to develop some teeth in its policy.

Commissioner O'Brien stated he has no problem endorsing the resolution, but does have a problem going forward toward creation of an air quality police as that function is already done by the DEP; and if DEP is not doing its job, then there is something wrong in Tallahassee. Commissioner Voltz stated Lane Kendig has already suggested the Board not go down this road. Commissioner Carlson stated there are a lot of noxious chemicals emitted through various activities that are not on the DEP list; and the Board could potentially monitor those types of things through an air quality ordinance. Commissioner O'Brien stated DEP is more realistic in its view; for the County to be more stringent than EPA or DEP may be creating another police state; and that is not where he wants to go.

Chairman Scarborough stated the County Manager of Volusia County advised that clean environment is one of the things that attracts industry; some of the things people think are anti-industry are actually pro-industry for the emerging type of informational age industry; people want to be in clean environments with regulations; and people want to move into neighborhoods with deed restrictions because it adds to the quality of the community. He stated all the Board is asking for today is to see what they look like and whether they work; but he hears what Commissioner Voltz and Commissioner O'Brien are saying; and the Board never wants to create something that is redundant, expensive and ineffective. Commissioner O'Brien stated if the County begins something like this, before it knows it, it will have air police sniffing around people's garages, and it will go far beyond what the Board imagined. Chairman Scarborough stated he does not plan to go down that road.

Commissioner Carlson stated as far as pollutants go power plants and auto emissions are the big ones; and that could be enforced with an ordinance.

Chairman Scarborough called for a vote on the motion to have staff report back. Motion carried and ordered. Commissioners Scarborough, Higgs, and Carlson voted aye; Commissioners O'Brien and Voltz voted nay.

Chairman Scarborough stated since the people are not happy with the resolution, he will not be voting in favor of it today.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt Resolution urging Florida Power & Light Company to repower its Cape Canaveral Plant at the earliest possible date and eliminate visible emissions, including the language added by the Port St. John group. Motion carried and ordered. Commissioners O'Brien, Higgs, Carlson, and Voltz voted aye; Commissioner Scarborough voted nay.

Chairman Scarborough stated the people of Port St. John area should be pleased that the Board is looking at this.

PUBLIC HEARING, RE: RESOLUTION APPROVING MID-YEAR SUPPLEMENTAL BUDGET FOR FY 98-99

Chairman Scarborough called for the public hearing to consider a resolution approving Mid-year Supplemental Budget for FY 1998-99.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution approving the Mid-year Supplemental Budget for FY 1998-99. Motion carried and ordered unanimously.

Chairman Scarborough stated the County is ending up in a favorable position with the mid-year budget adjustments.

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

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

Byron Ervin stated there are six apartments on the property; it is divided in half; Mr. Fricker purchased the property in 1988; all the apartments were rented out; and there are three pieces of property that the County is questioning. He stated there is a trailer with additions and a cottage built in 1985 by a man who died in 1986, for which the County advised it cannot find a permit; staff advised that property is zoned TR-1; and since Mr. Fricker bought the property, all three apartments have been rented out. He stated the trailer was cut in half; and a kitchen was added which was illegal.

Commissioner Higgs inquired if Mr. Ervin has pictures to document when this was constructed; with Mr. Ervin responding affirmatively. Commissioner Voltz noted it also says in November, 1998, there was a notice of violation for unpermitted use; and inquired if the property is split by the railroad tracks. Mr. Ervin advised it is on the east side; and west sides of the tracks; and displayed aerial drawings of the area, noting their poor quality.

Commissioner Voltz stated she has no evidence to substantiate the vested rights at this time; and if the applicant has something to provide that evidence, he should submit it.

Chairman Scarborough suggested continuing the public hearing to July. Mr. Ervin stated he has a 1986 drawing, and conferred with Planner Todd Corwin.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue the public hearing to consider the request of Harold Fricker for vested rights determination to July 13, 1999 to allow Mr. Fricker to provide substantiating documentation. Motion carried and ordered unanimously.

ACKNOWLEDGE AND APPROVE REPORT, RE: STATUS OF ST. SEBASTIAN RIVER DREDGING/MUCK REMOVAL PROJECT

Assistant County Manager Stephen Peffer stated he provided the Board with a summary report o the status of the St. Sebastian dredging/muck removal project as requested; when the item came before the Board Mr. Koraly presented a video showing the muck; Mr. Koraly expressed concern that considerable efforts had been made to bring the project to the attention of important agencies, but there had been no response; and since that time, responses have been received from St. Johns River Water Management District, Florida Inland Navigation District, Department of Environmental Protection and the EPA.

Lynn Stieglitz, Friends of the St. Sebastian River, stated demucking of the St. Sebastian River is of current and prime importance for the River and the Indian River Lagoon for environmental and economic reasons. She presented aerial photographs of the St. Sebastian River and a graph showing the depths of muck accumulation in the River. She described the various photographs.

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

Ms. Stieglitz displayed a photograph of the Indian River Lagoon, and described the photograph showing the differences in the clarity of the water. She stated water is dirty; the muck is coming from the St. Sebastian River; and there is no other choice but to clean up the waterways. She requested the Board do all that it can to expedite the process to get the River demucked; and stated there should be no cost as several government agencies are already working on this.

Frank Wegel, Friends of the St. Sebastian River, stated he lives on the St. Sebastian River in Indian River County; and read aloud a letter from Gordon Maltby advising of the status of the St. Sebastian River project. He advised of the decrease in the number of hermit crabs in the River due to environmental concerns; and submitted a copy of the motion made by the Indian River County Commission.

George Koraly, Friends of the St. Sebastian River, displayed and described photographs of the St. Sebastian River. He stated the majority of the muck was deposited during the dredging of the Canal and prior to 1996 when the dam was opened for discharge. He stated he and Mr. Maltby have been questioned as to their lack of professionalism regarding the soundings report; but the estimated difference in the quantity of the muck is irrelevant as the muck is there; and if there is less than was stated in the engineering report, it will cost less, but if there is more, that is all the more reason it should be removed. He stated it would be a waste of taxpayer money to take another sounding survey. Mr. Koraly stated they estimate that 90% of the muck was deposited at the time the canal was dredged by the Army Corps of Engineers; and he is in agreement with Mr. Maltby that it would be a waste of money to implement a project to eliminate the existing sources without taking a concurrent action to remove the muck in the River. He noted the taxpayers own a site north of the C-54 Canal which is adequate to store the muck and for perk retention ponds; and requested the Board urge the responsible agencies to take the necessary action to correct this environmental problem.

Commissioner Higgs stated Mr. Koraly and the Friends of the St. Sebastian River would like the Board to support their effort to get the dredging project focused on and moved along by the St. Johns River Water Management District and others; and the Board can do that through a letter to Mr. Dean and Mr. Smithson indicating interest and support.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the Chairman to send letters to Messrs. Dean and Smithson of the St. Johns River Water Management District indicating support of dredging and removing much from the St. Sebastian River.

Mr. Koraly emphasized it would be a waste of time to consider a project to take care of the existing sources of muck without concurrently dredging the muck. Commissioner Higgs stated the Board can include the concept that both the source and conditions in the River need to be addressed by the District.

Commissioner O'Brien stated this project will not cost the taxpayers of the County very much, but the County pays the Florida Inland Navigation District over a million dollars per year; the residents also pay federal taxes, and so the EPA should assist; and the residents also pay the Army Corps of Engineers through federal taxes, so the Corps should come back to Florida to see what can be done. He stated he is in full support of the project because it brings money back to the County which the residents have already paid out.

Mr. Koraly stated when they got involved with the soundings, F.I.N.D. was concerned about it because originally the St. Johns River Water Management District said the muck was not going into the Indian River Lagoon; and when they took the soundings, there was an average of two feet of muck in the Intercoastal Waterway between the Sebastian River and the Sebastian Inlet.

Commissioner Higgs restated the motion to include a letter to Mr. Roach of the Florida Inland Navigation District.

Chairman Scarborough requested when the letters are prepared for his signature, they be reviewed by Commissioner Higgs and Mr. Koraly. He called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner O'Brien stated he fully supported this project, but has asked staff and the Board on several occasions to request information from F.I.N.D. on what it would take to start getting the Banana River dredged; and he has never gotten an answer. Chairman Scarborough recommended Mr. Roach come to the County to meet with the Board in a workshop so the Board can express its concerns directly to him. Commissioner O'Brien stated that would be worthwhile, but he has asked staff to contact F.I.N.D., and has never gotten an answer; and he would like to know how much in tax dollars has the County paid F.I.N.D., and how much has it spent in the County on projects. He stated the last time he checked 22% of the taxes being paid by the County was being spent in other counties; and the County did not get a fair return for years.

CONSIDERATION OF REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: ALEX L. AND CLARA F. MADYDA

Chairman Scarborough stated the Special Master recommends the fine for Alex and Clara Madyda be reduced to $422. Code Compliance Director Billy Osborne indicated he has no problem with the reduction; advised the property will be closing on June 17, 1999; and this would help move that along.

Commissioner Higgs inquired if all the property has not been brought into compliance; with Mr. Osborne responding there were two outstanding liens, and one was brought into compliance. Commissioner Higgs stated she will not support anything until the property is in compliance.

Chairman Scarborough inquired if there has been a conditional approval with the fine being reduced upon the property being brought into compliance, rather than bringing it back before the Board. County Manager Tom Jenkins advised action to remove the lien will not be taken until the property is in compliance.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve reducing the accrued Code Enforcement fine to $422 as recommended by the Special Master; and direct staff to prepare and execute Partial Release and Satisfaction of Lien for Alex L. and Clara F. Madyda for property located at 1618 Sue Street in Cocoa, upon payment of the reduced fine and the property coming into full compliance.

Commissioner O'Brien inquired if someone buys property at a tax auction and does not know there are liens against the property, does the Board have to waive the fine. Chairman Scarborough stated the Board does not have to do anything, but it has been its practice to seriously consider the Special Master's recommendation.

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

Commissioner Carlson stated for this case, staff shows total costs incurred by the County at $211, but the memo shows it to be $678; and inquired about the discrepancy. Mr. Osborne advised one is more itemized; $211 is based on a procedure that was in place several weeks ago; and since that time, it has been fine-tuned to better itemize issues. Commissioner Carlson inquired if the true cost is $678; with Mr. Osborne responding that is correct.

PERMISSION TO BID AND AWARD BID, AND APPROVE UTILIZATION OF COUNTY RETENTION POND CREW FOR LANDSCAPING, POSITION CHANGE, AND BUDGET CHANGE REQUEST, RE: MAINTENANCE OF RETENTION PONDS COUNTYWIDE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to competitively bid and award low qualified bid for maintenance of retention ponds Countywide; approve utilization of the County retention pond crew for the landscaping program; and approve Budget Change Request changing a full-time temporary maintenance worker to a full-time permanent position. Motion carried and ordered unanimously.

CONSIDERATION, RE: OPERATION OF STORMWATER UTILITIES WITHIN INCORPORATED AREAS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Option 3, to revise the existing Stormwater Utility Ordinance to allow for any municipal government to opt into the County's program utilizing a municipally adopted Stormwater Ordinance and Rate Resolution meeting all requirements of Florida Statute 197, and with the municipal government levying the assessment; and authorize staff to revise necessary Ordinances and coordinate with the City of Melbourne for implementation. Motion carried and ordered unanimously.

DISCUSSION, RE: RV AND BOAT PARKING AT RESIDENCE ORDINANCE

Chairman Scarborough advised of configurations for parking recreational vehicles and boats at residences; and stated Zoning Official Rick Enos expressed concern about the language. He stated Figure 1 is currently illegal, but Figure 2 is currently legal; and the Board felt something parked horizontally in front of the property would create something less than desirable. He stated questions 4 and 5 lead to the issue of whether a driveway may be circular or coming off two separate street. Commissioner Voltz stated if there is a circular driveway, it would have to be looked at differently.

Jay Adamson stated Mel Scott provided him with a change this morning. Mr. Scott distributed paperwork. Mr. Adamson stated the original draft ordinance one talks about the vehicle being parked in the way that it would ordinarily be traveling when it went into the driveway, which put it parallel to the sides of the driveway. Chairman Scarborough inquired if Mr. Adamson drafted the provision; with Mr. Adamson responding affirmatively. Mr. Adamson stated what Mr. Scott presented this morning would be somewhat of a satisfactory answer, but consideration for a more specific definition of a driveway would be beneficial.

Chairman Scarborough stated in Figure 4, by parking where the driveway loops, it is possible to defeat the purpose of the Ordinance; and it is more questionable when the driveway enters on one street and exits on another because conceivably the RV or boat could block the frontage of the house. He stated the issue is to have no more of the vehicle than necessary visible from the street. Commissioner O'Brien stated recently the Board approved 40-foot frontage on some houses in Viera; with Chairman Scarborough advising the Board discussed that but did not do it. Commissioner O'Brien stated if a lot is 50 feet, and some of the RV's are 38 and 40 feet; and they will be parked from curb to curb.

Mr. Adamson stated in Figure 4, when the vehicle approaches the house structure through the driveway apron, up the driveway, then it would be parked perpendicular to the front of the house; but if it approached to the left side of the circular driveway and there is a short driveway, it could still be parked perpendicular to the front building line.

Chairman Scarborough stated Mr. Scott suggested language "parked in the driveway, such vehicle will be parked perpendicular to the street upon which the driveway is accessed"; and inquired if Mr. Adamson has a problem with that language. Mr. Adamson responded he has a little problem; and stated where there is a corner lot, and the house sits cattycornered, it would not be possible to park perpendicular to the street, because it would not be perpendicular to the front building line.

Discussion ensued on parking scenarios, orientation to the street, circular driveways, allowing for exceptions on larger lots, parking RV on side of house, and enlarging garage.

Chairman Scarborough stated there was a good Ordinance, but it allowed parking as shown in Figure 2, which is taking a short driveway and parking the vehicle parallel to the street; and the new language requires the vehicle be perpendicular.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve draft ordinance amending parking regulations for boats and recreational vehicles with language in Section 1(b)(7) revised to provide that "where parked in a driveway area, such vehicle shall be parked perpendicular to the street upon which the driveway is accessed, except where parked at least 100 feet from any street frontage on lots at least one acre in size"; and authorize staff to advertise a public hearing to consider the ordinance.

Commissioner Voltz stated some motor homes are very expensive; and people need to be able to keep them in the front of their houses for safekeeping. She expressed concern about the Board regulating how someone can park in their driveway. Chairman Scarborough stated the County already regulates that, and the Board is just tweaking an existing Ordinance.

Vice Chairman Higgs called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Carlson voted aye; Commissioner Voltz voted nay.

Vice Chairman Higgs passed the gavel back to Chairman Scarborough.

Mr. Adamson stated there was no change to paragraph 3 so if someone has a long driveway, they can still park there if they can meet the setbacks. He inquired if there is any need to discuss the definition of "driveway." County Manager Tom Jenkins stated Mr. Adamson proposed defining "driveway" as that area lying directly in front of the garage opening; and the problem is that would make circular driveways illegal.

EXTENSION OF AGREEMENT WITH INTERNATIONAL GOLF MAINTENANCE, INC., AUTHORIZE NEGOTIATIONS FOR ADDITIONAL EXTENSION, AND AUTHORIZE INCLUDING BOARD- APPROVED CONTRACT CLAUSES IN AGREEMENT, RE: MAINTENANCE OF COUNTY GOLF COURSES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize extension of Agreement with International Golf Maintenance, Inc. for golf course maintenance for one year at $1,224,395; authorize Parks and Recreation Director Charles Nelson, Golf Operations Manager Gene Burress, and the County Attorney or his designee to negotiate an additional three-year extension to the Agreement with IGM, Inc; and authorize the Parks and Recreation Department to include in the Agreement any future Board-approved contract clauses.

Commissioner Higgs stated she supports the one-year extension, but opposes the three-year extension.

Chairman Scarborough inquired why this is being extended three years. Parks and Recreation Director Charles Nelson stated IGM has done a very good job, and the County has benefited dramatically. He stated the County is in a position to extend the Contract; and if it goes out to bid, there are no guarantees what will be received. County Manager Tom Jenkins stated this goes to the issue of quality; the County has a competitive price that has been certified by Mr. Nelson; and the question is what is gained by going out except taking a risk on the quality of the company that might be selected. Chairman Scarborough stated a problem with going out for bids on service contracts is that companies can lowball and trash everything; and there is some benefit to sticking with people the County knows provide quality.

Chairman Scarborough called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O'Brien, Carlson, and Voltz voted aye; Commissioner Higgs voted nay.

OPTION AGREEMENTS FOR SALE AND PURCHASE WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: TRANSFER OF CARL PROPERTIES TO STATE AND REIMBURSEMENTS TO EEL PROGRAM

Parks and Recreation Director Charles Nelson stated the Agreements are a continuation of the EEL acquisition program; earlier today the Board approved the new streamlined multi-party agreement; and the Agreements before the Board are consistent with that. He noted they allow ownership to come to the County before closing if the State changes the policy; and in the worst case, it will be the same as it has been, with the State taking title.

Commissioner Voltz stated she thought that was through the Legislature this session; with Mr. Nelson advising there was no action by the Legislature, but it is in its Land Acquisition Committee. Commissioner Voltz inquired if it was in the Board's Legislative Package; with Mr. Nelson responding yes, but the Legislature took no action. Commissioner Voltz suggested sending it up again; with Mr. Nelson responding it will be done.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to execute Option Agreements for Sale and Purchase with the Board of Trustees of the Internal Improvement Trust Fund OPTION transferring ownership of thirteen properties as listed in Attachment A as part of the CARL Program, which provides for $2,767,550.45 in reimbursed funds to the EEL Program. Motion carried and ordered unanimously.

AGREEMENTS WITH TOWN OF INDIALANTIC AND CITIES OF SATELLITE BEACH, MELBOURNE, PALM BAY, CAPE CANAVERAL, ROCKLEDGE, COCOA, COCOA BEACH, TITUSVILLE, AND INDIAN HARBOUR BEACH, RE: FIRST RESPONDER SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreements with Town of Indialantic and Cities of Satellite Beach, Melbourne, Palm Bay, Cape Canaveral, Rockledge, Cocoa, Cocoa Beach, Titusville and Indian Harbour Beach for first responder services.

Commissioner O'Brien noted the amount of certain checks to cities and consumable supplies provided by the County; and requested a comparison of the number of responses per municipality. Public Safety Director Jack Parker explained the formula; advised the consumable medical supplies are purchased by the County and provided to the individual agencies; and outlined how various numbers were derived. Commissioner O'Brien inquired how many rescue stations are in Palm Bay where they take 5,000 calls; with Mr. Parker responding five units. Commissioner O'Brien inquired if each station takes approximately 1,100 calls per year; with Mr. Parker responding that would make sense. County Manager Tom Jenkins stated that is an average, but the volume can vary dramatically from station to station. Commissioner O'Brien stated he was told that the Cape Canaveral Station was one of the busiest. Mr. Parker stated when it comes to medical rescue calls, it is one of the busier units. Commissioner Higgs inquired if there is just one unit; with Mr. Parker responding for actual rescue, there is only one unit there. Commissioner O'Brien inquired if there has been any further discussion about furnishing an ambulance with the City of Cocoa Beach as soon as the City's firefighters get to ALS level; with Mr. Parker responding there have been discussions with the Fire Chief. He stated the provision of an ambulance is easy part, but the City would have difficulty staffing the ambulance from a financial perspective. Commissioner O'Brien stated the Mayor of Cocoa Beach has discussed this with him; the firefighters have been brought to ALS standards; but if they cannot put them on an ambulance, there is no sense putting the ambulance there. Mr. Jenkins noted they do provide first responder services. Commissioner O'Brien expressed concern about response in the area from Ron Jons to Holiday Inn.

*Chairman Scarborough's absence was noted at this time.

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

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: CONSTRUCTION OF INJECTION SYSTEM MONITOR WELL AT SYKES CREEK REGIONAL WASTEWATER TREATMENT PLANT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to bid and award bid to the lowest responsive bidder for construction of a monitor well to serve the injection well system at Sykes Creek Regional Wastewater Treatment Plant; and authorize the Chairman to execute the contract with the successful bidder. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-9-01, AGREEMENT, AND RESOLUTION, RE: DEBT COLLECTION SERVICES AND ASSESSMENTS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to award Proposal #P-1-9-01, Debt Collection Services, to GC Services, Inc. at a 40% commission on all debts collected; authorize the Chairman to execute a Contract for one year with one-year renewal option; and adopt Resolution authorizing the Clerk of the Courts to add the cost of collection to all applicable court-related fines and fees. Motion carried and ordered unanimously.

DISCUSSION, RE: TELEVISED COVERAGE OF BREVARD COUNTY COMMISSION WORKSHOPS AND OTHER MEETINGS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Option II, contracting with an outside contractor for televised coverage of Board workshops and other meetings.

Commissioner O'Brien stated it is important to do this; it brings the government to the community; and the citizens are the winners by having the ability to witness firsthand what the government does or does not do on their behalf. He stated the more that is televised, the less there will be of one-sided media controlling the minds of the public.

Vice Chairman Higgs stated Option II provides for coverage of workshops in the Space Coast and Florida Rooms; and the cost would be $10,000 for lighting plus the contractor's costs. County Manager Tom Jenkins stated the costs have been estimated between $40,000 and $50,000 for twelve meetings, plus the lighting; and it would be greater for additional meetings beyond that. Commissioner O'Brien expressed a preference for contracting with an outside contractor until digital cameras become readily available.

Commissioner Carlson inquired is there an opportunity to make a studio to cut costs. Mr. Jenkins responded the intent with the studio would be a different location; and the Florida Room would not provide enough room for the public, the Board and a studio. He stated at some point they would like to set up a studio because there will be a lot of programming opportunities; but it would probably have to be close. Commissioner Carlson inquired if the equipment could be utilized for both.

Commissioner O'Brien stated the option is strictly to get an outside contractor to come in; in two or three years, the Board may want to purchase digital cameras and have a studio; but the cameras could be portable.

*Chairman Scarborough's presence was noted at this time.

Commissioner Voltz inquired what is behind the Florida Room; with Mr. Jenkins responding the County Manager's office is on one side and the County Attorney's on the other. County Attorney Scott Knox inquired if there is a Special Master Room between his office and the Florida Room; with Mr. Jenkins responding no.

Commissioner Higgs stated this is a $60,000 cost in next year's budget; having looked at that budget, there are a number of things the Board needs which are high priorities; the Board has fully funded the coverage of regular meetings which has been useful; but she does not think it is equally useful to provide the additional $60,000 or $70,000 in cost for the additional meetings. She stated she is not in favor of expanding the coverage right now because there are things which are of higher priority; and if there is an additional $60,000 at the end of the budget year, the Board could consider it; but she would rather use that money to deliver direct services to the citizens or fund important programs. She stated there is no demand by the public for expanded coverage.

Commissioner Carlson stated if the Board wants to expand for educational purposes, she would rather see the studio environment; in workshop meetings, the Board is trying to get a certain level of candor, and by putting it on television, it tends to become more political and less of a workshop environment.

Commissioner O'Brien stated the public deserves to see all of the Board's activities and actions; and the public can also become educated through the workshop presentations. Commissioner Voltz stated there have been some very good workshops that she wishes people had been able to listen to. Chairman Scarborough stated a workshop goes on for hours on the same subject; and a person is very well educated at the end of a workshop. He stated the Board is present to allow public participation; and it is impossible to have participatory democracy if the people do not know what is going on. He stated the avenue of using the media is a fantastic tool to make a participatory democracy; it makes it possible to have a small town attitude; and it is worth the expenditure.

Commissioner Higgs stated she does not think the Board meetings are in the top ten of shows people are watching; and while it would be nice to have a participatory sense of the small community, everyone is not watching the show. She stated this should be dealt with as part of the budget; that is the proper place; and the Board can determine the priorities.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to table discussion of televised coverage of Brevard County Commission workshops and other meetings to the FY 1999-2000 budget discussions. Motion did not carry; Commissioners Higgs and Carlson voted aye; Commissioners Scarborough, O'Brien and Voltz voted nay.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Option II, contracting with an outside contractor for televised coverage of Board workshops and other meetings. Motion carried and ordered. Commissioners Scarborough, O'Brien, and Voltz voted aye; Commissioners Higgs and Carlson voted nay.

Mr. Jenkins inquired what is the effective date and will it come from Contingency. Discussion ensued on starting as soon as possible, taking the funds from next year's budget, mid-year budget review, and allocation of Contingency funds.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize funding of televised coverage of workshops and other meetings from the Contingency Fund. Motion carried and ordered; Commissioners Scarborough, O'Brien, and Voltz voted aye; Commissioners Higgs and Carlson voted nay.

APPOINTMENT OF NEGOTIATING COMMITTEE, RE: FINAL PRICING AND CONTRACT TERMS FOR PROPOSAL #P-3-9-15, NETWORK MAINTENANCE

Commissioner O'Brien stated the Board gets something like this once every two or three months; he did not have time to look at all the other contracts the Board approved across the year; and requested all contracts come to fruition at the same time of year so they can be compared.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to appoint Mike Taggart, Euripides Rodriguez, Joellen Moore, Christine Lepore, Marion Haines, and Gino Butto to the Negotiating Committee to negotiate a final pricing and contract terms with ECOM Solutions for Proposal #P-3-9-15, Network Maintenance. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct staff to attach a summary to all future similar items outlining all actions in the previous two years. Motion carried and ordered unanimously.

APPROVE RENEWAL OF AGREEMENT WITH BREVARD ASSOCIATED COURT SERVICES, INC., RE: COURT REPORTING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve renewal of Agreement with Brevard Associated Court Services, Inc. for an additional two years for court reporting services. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNUAL FINANCIAL AUDIT OF COUNTY AGENCIES, COMPREHENSIVE ANNUAL FINANCIAL REPORT, AND CITIZENS FINANCIAL REPORT FOR FISCAL YEAR ENDED SEPTEMBER 30, 1998

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to acknowledge receipt of Annual Financial Audit of County Agencies, Comprehensive Annual Financial Report, and Citizens Financial Report for Fiscal Year Ended September 30, 1998. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JOSEPH SCOLZA, RE: SANCTUARY BOTTLE CLUB, SECTION 5-2, BREVARD COUNTY ORDINANCE

Joseph Scolza stated he opened a bottle club in October, 1998 which did well for the four months it was open; but in January, 1999 there was a confrontation with the Sheriff's Department about an Ordinance prohibiting the sale, serving, dispensing, consuming or storage of alcoholic beverages in any commercial establishment. He stated the law pertains to the sale of alcohol after 2:00 a.m.; and that is not what he is trying to dispute. He stated the portion they dispute is the serving, dispensing and storing; and if the Ordinance provides there can be no storage of alcohol after 2:00 a.m. in any commercial establishment, that would mean that every bar in the County would have to eliminate its stock at the end of every work night, and then return it every morning. He stated the law may not be enforced, but the service and dispensing of alcohol should be allowed along with the storing of alcohol after 2:00 a.m. He stated he submitted petitions to show there is concern in the community; there was a great response in excess of 400 names; and he has an additional 100 names to submit. He stated Scolza Enterprises went to great lengths to go through every legal measure possible to make this a legal business; corporate paperwork was filed; and advised of approvals of various agencies including Department of Revenue, Zoning, and Health Department. He stated there is a conditional use permit on the building; he has a $1 million insurance liability policy; and they received a 14BC license from the State through the Department of Alcohol, Tobacco and Firearms and Department of Business Regulation. He stated the license clearly stipulates that it is not for the sale of alcohol; it is not easy to obtain the license; and he does not see why in the unincorporated areas of the County they are not permitted to serve after 2:00 a.m., while some cities allow it. He stated in order for the County to grow, changes need to be made; changes bring about jobs; and if other bottle clubs open in the County, they will introduce an astronomical number of jobs. Commissioner Voltz stated she does not think the Board wants to perpetuate bottle clubs in the County; alcohol is not one of the things the community needs more of; and there is not one city that goes after 2:00 a.m. She stated the only one that went after 2:00 a.m. was Palm Bay; but it reversed itself and allows alcohol after 2:00 a.m. on only special designated days.

Mr. Scolza advised there are three other bottle clubs open after hours; bottle clubs do not sell alcohol; they serve and dispense alcohol brought in by individuals; and there are refrigeration fees and a cover charge. He stated they do not fall in the category of a bar; it is a separate license; and the bottle clubs in the County are after hours. He stated the Ordinance restricts his business to normal bar working hours; and he cannot keep up with the competition.

Commissioner Higgs inquired if Mr. Scolza wants the Board to clarify the Ordinance to say that a bottle club does not fall under the same classification as selling alcohol; with Mr. Scolza responding affirmatively. Commissioner Higgs stated she is willing to look at what the law is to see the issues involved, but is not willing to change the interpretation of it.

Commissioner O'Brien stated this is in his District; Mr. Scolza has a serious legal problem, and should hire an attorney if he feels he has been treated unfairly by the law; but he would not want people who have been drinking until 4:00 a.m. or 5:00 a.m. on the roads driving from Merritt Island to where the majority of those who signed the petition live. He stated he cannot support taking action today; and suggested Mr. Scolza hire an attorney as this is a civil matter, not a matter for the Board.

County Attorney Scott Knox stated he reviewed this Ordinance approximately one and one-half years ago in connection with the Sheriff's efforts to enforce it; and the problem the Sheriff was having was in the interpretation of what it applied to. Chairman Scarborough inquired if Mr. Knox would like authority to clarify the Ordinance; with Mr. Knox responding it would be helpful for the people being regulated and for enforcement. Chairman Scarborough stated the reason there are closing hours for bars is the longer a person drinks, the drunker he or she gets.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct the County Attorney to review Section 5-2 of the County's Ordinance concerning bottle clubs to see what it applies to, and report back to the Board. Motion carried and ordered unanimously.

Commissioner Voltz stated the County Attorney will look at the Ordinance, and Mr. Scolza can get in touch with the County Attorney, and if the Board decides to redo the Ordinance, he can come to speak at that time. Mr. Scolza stated he can bring back documentation on other bottle clubs. Chairman Scarborough stated when the Board addresses ordinances, it is a public hearing, and Mr. Scolza will have the right to speak.

PERSONAL APPEARANCE - ANETA OTT, RE: NORTH MERRITT ISLAND ADVISORY BOARD

Aneta Ott, representing the North Merritt Island Special District Advisory Board, stated when the Advisory Board had its initial meeting on April 6, 1999, one of the biggest concerns was when it would hear its first zoning item; and Mr. Enos advised it was a three-month process, and the group would probably not be hearing anything until August, 1999. She stated they instructed Mr. Enos to look into the legality of hearing things earlier; and in May, 1999, Mr. Enos advised it is up to the Board. She advised of the history of the Advisory Board; and stated they have been in place long enough to start their duties. She stated there are many zoning applications to be heard for North Merritt Island; there are applications for July, 1999; and requested the Board make it possible for the Advisory Board to begin hearing items in July, 1999.

Planning and Zoning Director Mel Scott stated staff recognized the Advisory Board in early April, 1999; at that time it was already accepting applications; and the theory was they would allow those applications that came in while the Advisory Board was being recognized to continue through the process with the public hearings that had been identified at that time. He stated they have since notified applicants of the public hearings where their items will be heard; and it would be necessary to do some re-notification of applicants and surrounding property owners.

Commissioner O'Brien stated originally it was explained to him that everyone who had applied for rezoning before the Advisory Board was sworn in had the right to go before the Planning and Zoning Board; and anyone applying after those applications went by would appear before the Advisory Board. He stated he heard there were only one or two items for July. Mr. Scott advised for July, which the Board would hear in August, there are four that have been identified in the North Merritt Island Special District.

Commissioner Higgs inquired if the Board can legally make the change; with County Attorney Scott Knox responding it can be done legally as long as everyone gets notification that they are moving up the agenda.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve request from Aneta Ott that zoning items be heard by the North Merritt island Advisory Board in July, 1999 instead of August, 1999, and that proper notification be done. Motion carried and ordered unanimously.

RESOLUTION, RE: SHERIFF'S REFERENDUM

County Attorney Scott Knox distributed copies of the proposed resolution for the Sheriff's referendum for the Board's review.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 3:52 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)