The Board of County Commissioners of Brevard County, Florida, met in regular session on August 4, 1998, at 9:00 a.m., in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Mark Balmer, Calvary Chapel Church, West Melbourne, Florida.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

PRESENTATION - JUDGE A. B. MAJEED, RE: DONATIONS FROM INDIAN ASSOCIATION TO FIRE VICTIMS

Judge A. B. Majeed introduced Mr. Patel, President, and Mr. Shaw, Treasurer of the Indian Association; and advised they all watched the fires in the County, and wondered what they could do. He stated they saw the human spirit and kindness of that spirit with citizens responding when needed; and they wanted to be part of that human spirit. He stated on behalf of the Indian Association, he would like to present two checks to the Board in the amounts of $2,300 and $1,000.

Chairman Voltz accepted the checks and expressed the Board's appreciation to the Association.

REPORT, RE: NEW DEVELOPMENT ENGINEER

County Manager Tom Jenkins introduced Bruce Moia, the new Development Engineer for Brevard County.

Chairman Voltz welcomed Mr. Moia to Brevard County.

REPORT, RE: EXECUTIVE SESSION FOR FARM REALTY CASE

County Attorney Scott Knox requested an executive session to discuss the Farm Realty case on August 18, 1998. County Manager Tom Jenkins advised the Board has an executive session scheduled at 5:00 p.m. for labor relations.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to schedule an executive session to discuss the Farm Realty case on August 18, 1998, at 4:30 p.m. Motion carried and ordered unanimously.

REPORT, RE: BUS TOUR TO SANFORD TRANSFER STATION

Chairman Voltz advised a bus tour will be leaving at 8:30 a.m. from Palm Bay City Hall to Sanford Transfer Station on August 11, 1998, and anyone interested in the tour can meet at the City Hall prior to 8:30 a.m.

RESOLUTION, RE: RECOGNIZING 10TH ANNIVERSARY OF MICCO HOMEOWNERS ASSOCIATION

Commissioner Higgs read aloud a resolution recognizing the 10th Anniversary of Micco Homeowners Association.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt resolution commending the Micco Homeowners Association on its 10th Anniversary. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Mike Cunningham. Mr. Cunningham advised the Micco Homeowners Association tries to work for the good of County Government; it also works the other way around; and they will continue to work for the County.

ALLSTATE INSURANCE COMPANY, RE: PRESENTATION OF CHECK TO FIRE RESCUE

No representative of Allstate Insurance Company was present at the meeting.

APPROVAL OF EASEMENT, RE: ACCESS FOR CITY OF COCOA WATER TANKS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the use of a 60-foot non-exclusive easement by the City of Cocoa for ingress and egress to proposed water tanks on land donated by The Viera Company and located directly north of Budgetel Hotel. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF CITY OF MELBOURNE ORDINANCE NO. 98-26, RE: ANNEXATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of Ordinance No. 98-26 from the City of Melbourne, annexing approximately 13 acres in Section 36, Township 26S., Range 36E. into the City, causing a fiscal impact of $1,075 in annual MSTU revenues. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF CITY OF COCOA ORDINANCE NO. 16-98, RE: ANNEXATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of Ordinance No. 16-98 from City of Cocoa, annexing approximately 3 acres in Section 20, Township 24S., Range 36E., causing fiscal impact of $184 in annual MSTU revenues. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN, RE: SOLID WASTE DEPARTMENT TO ROAD AND BRIDGE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve temporary loan of $500,000 from Solid Waste Department Fund 4310 to Road and Bridge Program Fund 1420. Motion carried and ordered unanimously.

APPROVAL OF PURCHASE FROM TRANS-FLORIDA COMMUNICATIONS, RE: ENHANCED SPECIALIZED MOBILE RADIOS AND RELATED SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the purchase of Nextel Enhanced Specialized Mobile Radios and related services from Trans-Florida Communications with the intent that all County Departments have the option to use the system and reduce cost where appropriate. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH QUALITY MAINTENANCE & REPAIR, RE: CONSTRUCTION OF SOUTH MAINLAND (MICCO) PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 1 with Quality Maintenance & Repair, for construction of South Mainland (Micco) Public Library, increasing contract price by $2,478.71 to correct differing site conditions, modify components, correct nonconforming electrical conditions, and install HVAC float switches. Motion carried and ordered unanimously.

APPROVAL OF PURCHASE, RE: SHELVING FOR WEST MELBOURNE PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the purchase of shelving for West Melbourne Public Library at total cost of $35,902.10. Motion carried and ordered unanimously.

RESOLUTION, RE: OBJECTING TO ADMINISTRATIVE FEES CHARGED BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution objecting to administrative fees charged by Florida Department of Environmental Protection for leases, subleases, and management agreements on State-owned lands. Motion carried and ordered unanimously.

OPTION AGREEMENTS, RE: PROPERTIES IN COASTAL SCRUB ECOSYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Option Agreements with P. and B. Burkey, L. and D. Cantrell, A. Finster, J. Finster, O. Z. and R. L. Holman, W. P. Huff, I. H. Kasch, B. and W. Perman, P. Roy, J. and S. Riley, A. and C. Schurman, F. and P. J. Shafer, and T. Vlachos, and Assignment Agreements with The Nature Conservancy, for properties in the Coastal Scrub Ecosystem CARL Project. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, KENNEDY POINT PARK GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Florida Department of Environmental Protection extending time for Kennedy Point Park Florida Boating Improvement Program grant to February 11, 1999. Motion carried and ordered unanimously.

AGREEMENT WITH TOWN OF MALABAR, RE: DISPATCH SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Town of Malabar for the County to provide pager alerting services for the Town at $1,400 a year. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF SATELLITE BEACH, RE: AUTOMATIC AID

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with City of Satellite Beach for Fire Protection Automatic Aid. Motion carried and ordered unanimously.

SETTLEMENT OF NEGOTIATED WORKERS' COMPENSATION CLAIM, RE: DEBRA GREEK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve settlement of Workers' Compensation claim of Debra Greek as negotiated by Risk Management through Alexsis. Motion carried and ordered unanimously. APPROVAL OF REINSURANCE SETTLEMENT WITH ICAROM, RE: 1985 CLAIMS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve settlement with Icarom for all claims incurred under its reinsurance Contract during the period October 1, 1984 through September 30, 1985, subject to notice to Johns Eastern Company of the County's intention to press a claim against it for loss of reinsurance proceeds and their opportunity to accept the settlement as mitigation of damages. Motion carried and ordered unanimously.

APPROVAL TO PURCHASE INSURANCE, RE: LIBRARY BOOKS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the purchase of property insurance from Security Insurance Company of Hartford to cover replacement cost of books in County libraries effective immediately. Motion carried and ordered unanimously.

CONTRACT RENEWAL WITH BELLSOUTH BUSINESS SYSTEMS, RE: MAINTENANCE FOR TELECOMMUNICATIONS EQUIPMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve renewal of Contract #97006 with BellSouth Business Systems for maintenance services for a one-year period, effective September 10, 1998, at $159,000. Motion carried and ordered unanimously.

AGREEMENTS WITH MUNICIPALITIES, RE: LOCAL MITIGATION STRATEGY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contractual Services Agreements with Cities of Cape Canaveral, Cocoa Beach, Rockledge, Melbourne, and Satellite Beach, and Towns of Indialantic and Melbourne Beach for development of local mitigation strategies for hazard mitigation. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: RADIOLOGICAL EMERGENCY PREPAREDNESS FOR FY 1998-99 THROUGH FY 1999-2000

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Florida Power & Light Company for Radiological Emergency Preparedness for FY 1998-99 through FY 1999-2000. Motion carried and ordered unanimously.

DISCLAIMER OF INTEREST, RE: ALLEYWAY BETWEEN BARLOW AND PINE GROVE PARK SUBDIVISIONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Disclaimer of Interest in a 16-foot alleyway between Pine Grove Park and Barlow's Subdivisions. Motion carried and ordered unanimously.

APPROVAL OF ANNUAL PROPOSED COST, RE: TAX COLLECTOR'S ADMINISTRATION AND COLLECTION OF OCCUPATIONAL LICENSE FEES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve $202,349 as the proposed cost of administration and collection of occupational license fees for the period August 1, 1998 through July 31, 1999. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint and/or reappoint Ed Coburn to the Planning and Zoning Board, replacing Dwight Greenberg, with term expiring December 31, 1998, and Bud Crisafulli to the Contractors Licensing Board, replacing Hank Lemerise, with term expiring August 3, 1999. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve bills and budget changes as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - ED O'CONNOR, EXECUTIVE DIRECTOR OF SPACEPORT FLORIDA AUTHORITY, RE: SPACEPORT FLORIDA AUTHORITY PROGRAMS

Ed O'Connor, Executive Director of Spaceport Florida Authority, advised they have formed a team comprised of Lynda Weatherman and EDC, Enterprise Florida, and Spaceport Florida, to take on the Venture Star effort; the team has come together well; Lynda Weatherman is producing outstanding support documents that are critical to the qualification activity; Enterprise Florida is looking at incentives being provided by other states and other activities; and Spaceport Florida is concentrating on the technical needs of the program. He stated last week the U.S. Senate passed a bill critical to the activity; it was done under the leadership of Senators Graham and Mack; Congressman Weldon sponsored a similar piece of legislation in the House that also passed; and Florida is in a leadership roll on the national basis of putting key legislation in place to let programs like Venture Star go forward. He stated the bills have to go to conference and after that they will let reusable launch vehicles use the facilities at Cape Canaveral and Kennedy Space Center. Mr. O'Connor advised they are in the process of developing the qualification proposal; it will be submitted in early September; they are confident of the capabilities of the community as demonstrated by its workforce and attitude of elected officials showing support of the program; and they will win it. He stated the final proposal will be due next May, so they have a long road to go forward with a tremendous amount of data. He stated the Venture Star program is one of the most technically challenged programs the country has ever attempted to prepare for; the launch sites and off base facilities have to be in excellent condition to support it; it is a challenge; but with the challenge comes the opportunity for a broad development program and other economic initiatives. He noted it will change the character of how they work in Brevard County; it is no longer going to be restricted to federal employees; it will grow into something that will permeate the local community and economy; and it will give the County tremendous opportunities. Mr. O'Connor advised the industrial team recruitment will start shortly; and they will go to local industries and industries throughout the State asking them to participate in the proposal, bring their innovations, thought process, and business acumen to the field and let them tap into that. He stated the qualification is just the start of a long process; they have to redevelop how they work on the Space Program; they are being vastly challenged internationally as well as nationally; for the first time they are seeing states like Oklahoma and New Mexico coming in and offering a viable alternative to the use of our launch facilities; and those challenges are going to be to the benefit of Brevard County because it is going to make them rethink and not accept it as their just due. He stated what the community has to do is exercise its capability to look at the very best it can present to the industrial team; Venture Star gives the opportunity to develop the same economic tools needed to recruit other programs, such as Liquid Flyback Booster and Space Access; Boeing is looking at new development activities; and it all shows a very dynamic process of recreating the Space Program. He stated it is a great leap forward into something that is purely commercially driven; it is an exciting opportunity; and the team that has been put together is a winning team.

Lynda Weatherman, EDC Executive Director, advised it is very different than the last project; decisions will be made in the last quarter of 1999; they have a great team; and it will be hard work, but they will do good. She thanked Peggy Busacca who has been there to answer every question she had about the process.

Chairman Voltz stated with Mr. O'Connor and Ms. Weatherman, Brevard County should definitely get the Venture Star Project.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAT OF JUNE PARK - ELIZABETH R. PULLIAM

Chairman Voltz called for the public hearing to consider a resolution vacating a right-of-way in June Park, as petitioned by Elizabeth R. Pulliam.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution vacating right-of-way in Plat of June Park as petitioned by Elizabeth R. Pulliam. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: AMENDMENTS TO MERIT SYSTEM POLICIES IX AND XII

Chairman Voltz called for the public hearing to consider amendments to Merit System Policy IX, Leave, and Policy XII, Disciplinary Actions.

County Manager Tom Jenkins advised the County Attorney revised the language.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to approve amendments to Policy IX, Leave, and Policy XII, Disciplinary Actions, of the Merit System Policies. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: AUTHORIZATION TO TRANSMIT 1998B COMPREHENSIVE PLAN AMENDMENTS TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS

Chairman Voltz called for the public hearing to consider the 1998B Comprehensive Plan Amendments to be transmitted to Florida Department of Community Affairs.

Planning Manager Mel Scott advised the Board heard all the Elements, which are Surface Water, Recreation and Open Space, Historic Preservation, Housing, Potable Water, Sanitary Sewer, Solid Waste and Hazardous Materials, Capital Improvements, and Intergovernmental Coordination. He stated they have also been through the CRG and LPA.

Planner III Robin Sobrino advised Amendment 98B.2 modifies Policy 4.10DS of the Future Land Use Element that would increase density for tourist commercial use in a Mixed Use District to allow the Hilton Hotel to have 72 additional rooms and an additional tower.

Attorney Richard Torpy advised the property was site planned for a wing to the north; there is a vacant lot that is not part of the current site plan; it can be connected without anything but a building permit; and Boykin Hotel Group would like to expand the hotel and increase the site to the north. He explained a map showing the site plan where the hotel sits, and the expansion footprint; and stated they want a six-story tower that will have very little impact on the site. He stated the County notified residents within 500 feet, and they did more by sending notices to residents within 1,000 feet and offered three meetings; Chairman Voltz attended all three meetings; about 25 residents attended the first one; and the others had almost no one. Mr. Torpy advised after the P&Z meeting, he sent another letter to the people within 1,000 feet telling them they got approval and to call his office if they had problems, but he got no response. He stated the current zoning is 30 units per acre; in 1988, the Board adopted Policy 4.10D which reduced it to 12 units per acre; the hotel is at 21 units per acre; and others are in excess of that. He stated the breezeway is 62% of the site; and by incorporating the lot to the north and not putting a structure on it, it will add 14% breezeway. He stated they agreed to put in a beach access with beach walkover and take over maintenance of the beach access to the north that is now maintained by the County. He advised the bar and night club will be removed and replaced by a dining room in the hotel; they will comply with all development requirements; environmental issues are being handled with the State; and the only variance they will need is a 75-foot maximum height. He stated Highway A1A is at Level B and adequate to handle the additional traffic; and it is a good plan that combines all the issues and takes into consideration the residents.

Charles Bollinger advised he has three acres directly across the street from the Hilton Inn; and his property may be negatively impacted by additional traffic and ingress/egress points. He stated he talked to Robin Sobrino who said that item has not been addressed; and he wanted to make the Board aware of it to consider that prior to rendering a decision. Mr. Torpy advised the ingress/egress will not change and the only impact may be additional traffic, but staff is confident A1A will be able to handle the traffic. Chairman Voltz advised she talked to Mr. Bollinger about donating his property for a park on the beach; it is a valuable project; and there are no objections from the residents. Commissioner Cook stated he talked to Mr. Torpy.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the 1998B Comprehensive Plan Amendment to be transmitted to Department of Community Affairs.

Commissioner Higgs advised Amendment 98B.2 could serve as a precedent for others; and recommended adding language recognizing the existing hotel structure as opposed to setting a precedent for a large density increase.

Commissioner Scarborough included Commissioner Higgs' suggestion in the motion; and Commissioner Cook voiced no objection.

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

PERSONAL APPEARANCE - LINDA SOUTH, EXECUTIVE DIRECTOR OF BREVARD WORKFORCE DEVELOPMENT BOARD, RE: RECONSIDERATION TO PROVIDE TEMPORARY EMPLOYMENT OPPORTUNITIES FOR VICTIMS OF WILDFIRES

Linda South, Executive Director of Brevard Workforce Development Board, advised the Board limited jobs to those who lost jobs to the wild fires in North Brevard; in the last ten days she did not get any inquiries from people in North Brevard who lost their jobs; and requested the Board reconsider its previous action.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to rescind previous action regarding an agreement to provide temporary employment opportunities for victims of the North Brevard wildfires, as it would exclude an eligible population.

Commissioner O'Brien stated he cannot believe there is no one who lost his job because of the fires. Chairman Voltz stated anyone who has lost a job because of the fires can contact the Workforce or County. She noted there is a lot of cleanup work that needs to be done.

Commissioner Scarborough stated the fires had a $10 million impact on the tourism industry. Commissioner O'Brien stated hotel workers may have been laid off. Chairman Voltz suggested TDC Executive Director Robert Varley check into that.

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

PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY ASSESSMENT ROLL FOR SELLERS LANE WATER MSBU

Chairman Voltz called for the public hearing to consider a resolution confirming the preliminary assessment roll for Sellers Lane Water Municipal Service Benefit Unit (MSBU).

Public Works Finance Director Jim Helmer advised he met with the five homeowners; gave them the cheaper option of putting the water line with the City of Cocoa or a quicker option of going with the low bid; they unanimously wanted to save the money; so they want to set the preliminary assessment roll at $3,137 per lot. He stated he explained to the homeowners that during the construction process there can be changes in the cost, so it is possible to have slight differences at the final public hearing after the construction is done. Commissioner Cook inquired if it will reduce during construction; with Mr. Helmer responding it could go either way.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution confirming the Preliminary Assessment Roll for the Sellers Lane Water Municipal Service Benefit Unit; directing the Clerk to record the assessments in the Official Record Book; and providing an effective date. Motion carried and ordered unanimously.

APPROVE NEGOTIATED GUARANTEED MAXIMUM PRICE AND CONTRACT WITH A. D. MORGAN CORPORATION, RE: SOUTH MAINLAND COMMUNITY CENTER

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Facilities Construction's negotiated guaranteed maximum price with A. D. Morgan Corporation for construction management services for South Mainland Community Center at $595,967, including maximum service fee of $66,463, and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-8-10 AND CONTRACT, RE: INTEGRATED FINANCIAL MANAGEMENT SYSTEM

Javier Ramirez, representing Smart Solutions International, advised the Agenda item is to award a contract to J. D. Edwards for the integrated financial management system; they had negotiations with the County for a month and a half to two months now; and there were discussions with the Negotiating and Selection Committees in which they were urged to be here to present their case. He stated they were ranked #1 in functionality and on total cost of the software and implementation; they are well known in the public sector and have worked with a number of governments in Florida and the country; and they are known for being the fastest implementers, which is an important factor especially for financial systems software. He stated their main office is in Fort Lauderdale, so they are not far away; they are recommending the use of an existing database the County has which is an advantage to the County; and their proposal represents a cost savings of $222,000 hard dollars. Mr. Ramirez advised J. D. Edwards' proposal requires the purchase of an additional database which means the County will have to hire new people because there is no knowledge of the database or software tool in the County at this time; and mentioned training and travel expenses for consultants. He stated there was a vote taken Tuesday of the Negotiating Committee; one member was absent; and had that member been there, who they knew basically favored their software, they would have had a tight race. He stated there was some miscommunications and disconnect that took place during the process; and Mike Roush from GEAC Computer Corporation will explain it.

Mike Roush with GEAC Computer Corporation advised they have been working closely with Smart Solutions (SSI) which is a business partner that sells specifically to the public sector; SSI has implemented smart stream products on a number of occasions and every implementation has been on time and at or below budget; and that is a key factor and benefit that SSI will bring to the County. He stated there was a disconnect or miscommunication during the actual product demonstration that came to light even more so during the Committee's vote on Tuesday; they had a follow-up conversation with Kathy Wall who allowed them to meet and discuss the open points seen on the Agenda item's executive summary; as a result of that meeting, all the capabilities that are noted as not in the system are delivered functionalities of the system; therefore, the vote was taken with that misunderstanding. Mr. Roush advised the question was raised whether they would contractually commit to those functionalities, and the answer is absolutely yes; and via a contract they will commit that all functionalities addressed as the budget shortcomings because of a miscommunication will be delivered to Brevard County at no additional cost. He stated they are willing to continue to work with Brevard County; had tremendous success with the public sector; and they hope the new information will be taken to light during the vote to award the contract.

Chairman Voltz inquired if Mr. Roush is saying what is noted as cannot be delivered until in the future is part of the system and will be delivered on time with the system; with Mr. Roush responding yes.

County Manager Tom Jenkins advised in May, 1998, they were asked to address the issue of the budget management package; it is now August and nothing has occurred between that time in terms of presenting that package; and inquired if the SSI system today has the ability to provide the budget management package requested by the County, or do they have to add it to the system; with Mr. Roush responding it is available today. Mr. Jenkins advised they were told it was something SSI had to create even to the point where it requested our Budget Director to participate in the creation of the product; with Mr. Roush responding the conversation with the Budget Director was to enable her to participate on their steering committee which is a group of users who tell them what functionalities are to be part of the system, beyond the capabilities they are speaking of, as far as future releases. Mr. Jenkins inquired if SSI has a budget management package that meets the requirements presented; with Mr. Roush responding yes. Budget Director Kathy Wall noted it has not been demonstrated.

Information Systems/Communications Director Gino Butto advised in looking at the items, there is 20 days of consulting services to accommodate the shortcomings; so the fact that it currently satisfies the requirements is misleading because why would it take 20 days of consulting services to make it happen. Mr. Roush advised during the demonstration of the product there was a misunderstanding of the solution that was demonstrated; there was a subsequent conference call with their product representative regarding the budget package; and at that time they felt the budget issues were addressed and there were no outstanding items. He stated it was not done subsequent to demonstration of the product; and once they saw the items on the Agenda, they knew they were outstanding and needed to be addressed. Mr. Jenkins inquired if Mr. Roush is stating they have the capability right now to implement the budget management package requested by the County without designing it; with Mr. Roush responding yes, without designing it.

Commissioner Cook inquired how was it miscommunicated; did they not understand what was being asked for; or was it presented and the County did not recognize it.

Dave Ward, Regional Manager with GEAC Smart Stream, responded SSI is an arm of GEAC and does a lot of the implementing, consulting, and sale of their software; and they have an extensive background within the public sector. He stated as to the miscommunication, he finds it perplexing that they had this situation for the last few months, when a month ago their product representative cleared up any outstanding issues concerning the budget package via a conference call. He stated they did not hear anything from the Committee in terms of open items; and last week, they were told that a straw vote had been taken, and the Committee intended to go their way. He stated one member was on vacation, and they came up one vote short as a result; and presented a letter to the Board with that person's recommendation. Mr. Ward advised the person who was not there to vote thought he voted by proxy; apparently someone on the committee said that was illegal in Brevard County; and based on that, his vote was disallowed.

Mr. Jenkins stated SSI is making a representation today that was not made previously; and perhaps the Board should table the item so they can demonstrate the capability to staff that they are claiming to have.

Commissioner Scarborough advised he was involved in the original selection process; at the meeting on Tuesday, Kathy Wall made a very strong argument of the failure to handle budgeting; the response was nothing like what the Board heard today; and he will move to table because it is too important to move forward with it today.

Commissioner Cook inquired if SSI said it is willing to contractually agree that it can implement the outstanding items on the financial package; with Mr. Roush responding yes. Mr. Ward advised they were not privy to the list until last week where they saw the specific limitations that were in writing from the Committee; and had they had those three weeks ago, they could have provided something in writing to the Board.

Mr. Jenkins advised the system is divided into three components: (1) the accounting function used by County Finance, (2) position control, personnel records, etc. used by Human Resources, and (3) budget information used by the Budget staff to go into the system and extract information in whatever form they want it to provide information to the Board, Departments, etc. He stated they thought they addressed the issues very clearly, but if not, he would rather take two weeks and find out and let them demonstrate it.

Mr. Roush advised he is a territory manager with GEAC and not the budget expert; that is who they had on the phone call yesterday to address those points; they provide a full suite of products all in production today and generally available; and they have resources who specifically know the particular applications. He stated he was not knowledgeable enough to address the budget points at the meeting Tuesday, but they subsequently did it by conference call.
Clerk of the Circuit and County Courts Sandy Crawford inquired if the budget packet has been demonstrated to anyone in Brevard County; with Mr. Ward responding yes, but it was late in the day and they did not give it due diligence. He stated they probably should have started with the budget package, but all counties are unique; they have entire states that run their Smart Stream applications, and countries like Barbados as well as ten Caribbean governments; and each agency in every situation is unique. He stated budgeting is very important here and should have been what they led with; but to someone else they may demonstrate for next week, fund accounting may be the primary driver. He noted they did not have adequate time to show the proper capabilities of the package.

Commissioner Scarborough stated he sat through a lot of demonstrations; budgeting was always a major part of the system; and what Ms. Wall conveyed to everybody is it would be a step backwards because there was no capacity to continue the current budget methodology, and it would be harmful to the County's overall progress. He stated he will table the item and urge SSI to do a full demonstration for Ms. Wall and Mr. Butto in the interim.

Commissioner Cook inquired why Mr. Giles' vote was not counted; with Mr. Crawford responding Mr. Giles was on vacation at the time; they tried to vote his vote as they knew what it was; but they were not allowed to do it. Commissioner Cook stated he was not aware of a County policy like that. Commissioner Scarborough stated it would probably be irrelevant as the Board may not consider the recommendation; the Board needs to learn the advantages and disadvantages of oracle and cybase; there was extensive discussion on the two; and Mr. Butto needs to put a memo together for the Board before the next discussion which will probably be more complex.

Chairman Voltz recommended SSI representatives meet with Ms. Wall on the budget package. Mr. Ward stated the Committee has been very gracious, given their time, has not tried to stonewall them in anyway, and it is unfortunate that the miscommunication has occurred; but they appreciate Ms. Wall, Mr. Butto, Mr. Giles, and the others regardless of which way the Board ultimately goes because it has been a very fair evaluation. He noted he is sorry they did not represent the products better.

Commissioner O'Brien recommended the item be sent back to the Committee to vote on it again so the Board does not have to hear J. D. Edwards and the arguments; and stated it is not for the Board to hear, it is for the Committee. Chairman Voltz stated it may come back with a 3/3 vote and no recommendation, and the Board will have to decide; with Commissioner O'Brien responding the Board should let the Committee make the selection; the Committee is very knowledgeable; he has very little knowledge about programming and has to accept the advice from the Committee; and he would not want to let Edwards give a presentation to the Board of three hours and then SSI do the same because it would be difficult to make a valid decision on a million-dollar system without technical knowledge. Mr. Jenkins advised there is no problem having the Committee watch the demonstration of how the system works. Commissioner Higgs stated it will be significant for the Board to get the Committee's recommendation.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table award of Proposal #P-1-8-10 and Contract for Integrated Financial Management System until August 18, 1998, to allow Smart Solutions to make a presentation of its budget package to the Committee; and the Committee have the option to provide a new recommendation to the Board. Commissioner Cook requested the Committee provide comments also, as this is the first time he has seen Mr. Giles' memo, and he would like to know those types of comments even after they vote. Mr. Jenkins stated they do not have Mr. Giles' memo; with Chief Deputy Clerk Jim Giles responding it is a copy of the E-mail which indicates who it was addressed to, and it was sent to all the Committee members.

Commissioner Scarborough stated Mr. Giles was not present when the discussion took place, therefore he did not have the benefit of comments from other members; they meet in committee to share thoughts; and if they meet again, Mr. Giles will be able to integrate his thoughts with the rest of the Committee members. He stated the Committee helps to shape opinions. Commissioner Cook stated he would like to have the benefit of comments rather than just the votes. Mr. Giles stated sometimes an opinion can be influenced by the discussion at meetings; that is the purpose of meetings; and originally they planned to meet the week before, but proper notice was not given to the public so they had to reschedule it. He stated he scheduled his vacation two months ago and could not change it easily. Commissioner Cook stated since the Clerk runs the Finance Department, if he and Mr. Burdett have written comments after the meeting, he would like to see them. Mr. Crawford stated the comments he had was that SSI was rated #1 in functionality, and it was not worth $220,000 more for things they did not have. He stated the Board is driving the whole thing with the budget package and they are not involved with that. He noted the clock is ticking; the year 2000 is approaching; and they will not be up and running if they do not get it installed soon.

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

The meeting recessed at 10:09 a.m. and reconvened at 10:20 a.m.

Commissioner Scarborough advised a representative from J. D. Edwards is here; and there was a question whether the Board intended to cut Edwards from any further discussion and if it is supposed to be between SSI and the Committee. He stated that was not the intention, although he did not mention Edwards.

Chairman Voltz advised everything needs to be addressed; the Board is not dealing with just one vendor; and it is dealing with both of them. Commissioner O'Brien stated it will go back to the Committee to deal with the vendors.

Joey Norman with J. D. Edwards, requested an opportunity to come before the Board and show their product as well. He stated it has been a long time since the original demonstration of their functionality and product; and if the Board is going to be part of the review process, they would like to show their product to the Board and have commentary on it as well. Chairman Voltz stated they will be more than welcomed to do that. Commissioner O'Brien stated the Board would be making decisions on computer programming of which it knows little or nothing about; in order to gain confidence to vote on it, it will have to meet in workshop for two or three days; so it should be sent back to the Committee, and the Committee return with recommendations. Chairman Voltz stated SSI had five minutes to present something to the Board; and if at the next meeting Edwards wants to make a five-minute presentation, it should be given that opportunity. Mr. Norman inquired if it will be possible to schedule a follow-up presentation with staff in the two-week time frame to share the functionality of their budgeting module which was rated far superior to all the vendors in the original evaluation. Commissioner Scarborough advised he will restate the motion.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the Committee to concentrate on the allegations of the budget package of Smart Solutions, go back and rate the two firms, J. D. Edwards and Smart Solutions anew, and receive as much information as it perceives prudent in coming together with a recommendation. Motion carried and ordered unanimously.

DISCUSSION, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Planning Manager Mel Scott advised this is to allow the Board to discuss what transpired Tuesday; Chairman Voltz and he attended the meeting of the Orange County Commission; and they voted to reimburse the Council last year's funds that were in arrears.

Commissioner Scarborough advised he and Commissioner Cook have not attended Council meetings or participated until the Board takes a position; and the Board needs to decide whether to concur with Orange County's position and proceed under that methodology or take Commissioner O'Brien's posture of non-participation for a period of time.

Greg Golgowski, Acting Executive Director of East Central Florida Regional Planning Council (RPC), introduced Jerry Livingston, Counsel, and Jeff Jones, Planning Director for the RPC; and advised they have been working with Orange County over a proposal to the blue ribbon committee which has interesting ideas in terms of what the RPC should be doing and the structure of the organization. He stated Orange County decided to pay its assessment from last year in order to allow the restructuring process to go on for a few months, and then consider its support for the coming year. Mr. Golgowski stated the changes that are happening are substantial and monumental; the work program is being changed to regional planning and away from detail work; and the membership of the RPC is being restructured because Orange and Brevard Counties recognized that the counties' input to the RPC was being diluted by the number of cities participating. He stated the alternative to that is limiting it to six representatives from cities collectively; they proposed they come from the leagues of cities; the vote that came out of the blue ribbon committee was for counties to appoint city representatives; and the gubernatorial appointments by law have to represent a third of the membership of the RPC. Mr. Golgowski stated the idea was if they are to be a regional planning organization bringing people together on regional matters, they need regional players involved, have representatives from major industries and regional functions going on in the private sector; and by having a public/private partnership of main players, major things could be accomplished. He noted that is what Brevard County talked about and what Orange County liked as well. He stated what is going on is nothing short of revolutionary for the State and regional planning; it will be looked at by the other ten councils in the State; and it can provide some lessons on how regional planning in the new century needs to occur. He stated they hope Brevard County will stay involved; they appreciate the discussions and want that to continue to help shape the RPC not only the structure, but make sure all interests are represented; and when it is time to make appointments, Brevard County is in there so there is adequate representation throughout the region. He stated that is where they are now; they have another committee meeting next week; they hope to present it to the Council this month to start rule making; and if it goes as hoped, it may be adopted by the end of September or October.

Commissioner Scarborough inquired if the RPC is entering into an agreement with Orange County; with Mr. Golgowski responding they talked about it, but have not come to a conclusion on that. Commissioner Scarborough stated he understands Orange County wants certain things; with Attorney for the RPC Jerry Livingston responding Orange County was concerned about the pending appeal and wanted dismissal of that appeal which he and staff are prepared to recommend at the next Council meeting; and Orange County already paid its dues, so that issue is not on the table. Commissioner Scarborough stated the RPC was about to go bankrupt and was not going to be able to file an appeal; the truth is there is not going to be an appeal because Orange County had the RPC; and inquired what did Orange County extract; with Mr. Livingston responding they want restructuring; there is not going to be a written agreement; and they are going to participate through the restructuring process. Commissioner Scarborough inquired what does Orange County want.

Chairman Voltz responded she and Mel Scott attended the Orange County Commission meeting; they want the things that are listed in the Agenda item, such as 27 members and how it is broken down, the State fund one-third of the positions since it appoints one-third of the members, regional planning, but not in the current form, and a lot of things that need to be worked out within the blue ribbon committee. She stated if it is restructured to where they will be doing different work, then the dues need to be adjusted accordingly; Brevard County may be paying $25,000 a year as opposed to $100,000; and the dues need to be restructured as well as the membership. Chairman Voltz advised the vote was 5 to 2; Orange County Commission has some contentious issues regarding the RPC; and they are not funding next year's dues until something comes out of the proposal. She stated she supports the way the membership is broken down and paying this year's dues, but she does not support paying next year's dues, and wants to wait and see what happens.

Commissioner O'Brien advised he does not support paying any dues; the Board has paid over $1,000,000 in the past ten years and received no true benefit for that kind of money; and the Board has not been presented with a true concept of where the money is being spent and why the RPC needs the $100,000 from Brevard County and $200,000 from Orange County. He inquired what is the RPC's budget, and how many employees does it have; with Mr. Golgowski responding $1.2 million and 12 employees. Commissioner O'Brien inquired what do they do; with Mr. Golgowski responding they have a number of State-mandated programs, comprehensive plan reviews, reviews of transportation programs, MPO programs, and other planning activities; and they are embarking on a region-wide hurricane plan. Chairman Voltz stated that is something Brevard County paid the RPC to work on for the last two and a half years. Mr. Golgowski advised they started with the behavioral analysis which is the preliminary to the expanded work. Commissioner O'Brien stated his problem is not with Mr. Golgowski personally, but with the concept they are trying to build now; emergency management is a statewide function; it is done on a local and State level; and Brevard County does not need the RPC in the middle doing it again. He stated it is redundant; government wants to have five to ten layers doing one job; and it borders on insanity. He stated Department of Community Affairs does comprehensive plan reviews and Florida Department of Transportation reviews traffic and MPO actions; redundancy is a waste of taxpayers' money which has been wasted for years with the regional planning organization; and he does not want the taxpayers of Brevard County throwing good money after bad because there is nothing tangible for the million dollars that it has paid to the RPC. He noted they have 12 people working on things that are already being worked on by other agencies, and it is a waste of time and money.

Commissioner Cook advised this issue came up before and the Board was told it was required to pay the dues; Orange County challenged it and won; it is a lot of money to spend for negligible results; and he is for regional planning which can be accomplished with staffs from different counties interacting on a regular basis and having summits of local elected officials meeting quarterly to discuss issues of regional impact. He stated that would not require the County to pay $105,000 a year for the privilege of getting a newsletter. He stated Orange County has a lot of suggestions; and he would like to see them being implemented and the dues restructured. He stated Brevard County is paying on a quarterly basis; and they were told they could not vote; and that is when he and Commissioner Scarborough stopped going to the meetings.

Chairman Voltz stated regional planning is a concern that needs to be addressed; Brevard County does not want to throw money at nothing; but it should get involved with the blue ribbon committee and restructure the RPC with its input. She stated Orange County is the biggest and Brevard County is next; regional planning cannot be done without Brevard County, so it needs to be involved; but how and in what way financially is the question. She stated she wants Commissioners Scarborough and Cook going to the meetings to discuss the restructuring.

Commissioner Scarborough stated if the Board wants to be part of the process, it needs to pay the rest of this year's dues and take a position that he and Commissioner Cook are compelled to bring forward. He stated if Orange County is willing to revisit regional planning in a new sense, Brevard County should not let it stand alone and should be part of the restructuring; that would be a constructive roll; but it will take more than he and Commissioner Cook sitting in meetings. He stated the Board needs to make a decision on what it wants regarding regional planning. He stated the 27 members should be 12 county members or 2 per county, 1 from Orlando, 5 from the League of Cities, 9 gubernatorial; and from the 9, he would like to see representation from the Port and Space Center. Chairman Voltz agreed the gubernatorial appointments should represent specific groups and be interested in regional planning, and not just developers or environmentalists. Commissioner Scarborough stated people in other countries think of the Space Center, Port, Disney World, etc. and not cities; and those people should be brought to the table who are making things happen for the future of Central Florida. He recommended the Board pay the dues for this year, and give him and Commissioner Cook a position to take forward. He stated if there are alternate positions they think would be beneficial to the Board, they will bring those back and let the Board approve them before going forward; everything they do will be approved by the Board; and it will be something the Board wants as opposed to two Commissioners.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve restructuring proposal for East Central Florida Regional Planning Council to include 27 total members, with 12 county members (two per county), one member from City of Orlando, five League of Cities representatives, and nine gubernatorial appointees, with representatives from the Canaveral Port Authority and Kennedy Space Center being included as gubernatorial appointees.

Commissioner O'Brien stated he cannot support a position; the way things are done can be changed; Department of Transportation understands what projects the MPO's want in the entire region, and can come to the table and be part of the process; and that would eliminate a person of the 12 persons the RPC has. He stated if the Governor would send someone from Tallahassee to meet with EMS employees in each county, he or she could prepare a hurricane emergency plan for the region; so the Board should not pay someone else to do their job. He stated the Board needs regional planning; there are people on board who can do that; and to create more people to do the same job is a complete waste of time, effort, and taxpayers' money. Chairman Voltz stated in the past that is how it was; but if Brevard County can help structure something that will address regional planning for minimal dues, it should not be left out. Commissioner O'Brien stated the RPC started out with minimal dues and increased every year. Chairman Voltz stated no one was monitoring it. Commissioner O'Brien stated this Board watched it and said it needs to put an end to it; it could not so it came back; and it should kill it now and tell the State to do its job. Chairman Voltz stated mandatory versus voluntary membership should be discussed and taken to Tallahassee.

Commissioner Cook advised if the RPC does its job, communities would want to be a part of it; and if they do not do their job, communities should not be mandated to pay dues. He inquired how many quarters are left to pay; with Community Development Administrator Peggy Busacca responding two. Commissioner Cook stated Brevard County paid on a quarterly basis to see what would happen to the organization and it still does not know; the Board does not know what will be voted on by the Council; and Orange County had the guts to say it would not pay the dues. He stated there may be a better way to do it; this is an attempt to restructure an organization that has been there for a long time; and sometimes government has to look for new vehicles, especially if it is spending public money. He stated there is no regional planning without Orange and Brevard Counties; the Board has to be a player at some level; but he does not know if it is to resurrect the RPC or look at other methods to accomplish regional planning in a more effective manner. Chairman Voltz stated Orange County was very specific; and if the RPC does not do what they want done, they will not join.

Commissioner Higgs advised she supports paying this year's dues and standing with Orange County to come up with a make-up and plan that will work; the dues for the new RPC should be at least 50% of what the Board is paying now; it is important to be part of the restructuring process because it will not be what will serve Brevard County if they are not there; and there may be important things happening on a regional basis that Brevard County should be a part of. She stated the RPC can go forward without Brevard County; it should not think there will not be something very meaningful for those counties that are participating; and Brevard County can benefit from being a part of it.

Commissioner Cook stated Brevard County needs to be part of the process, but he wonders if this is the process it should be a part of; and if the Board pays the next quarter's dues, by then it will know if the suggestions were adopted or not. Commissioner Scarborough inquired how much is the quarterly dues; with Ms. Busacca responding approximately $25,000.

Commissioner Scarborough inquired if the Board supports paying $25,000 as opposed to the remainder of the fees for this year, and if the rest of the motion is satisfactory; with Commissioner Cook and Chairman Voltz responding affirmatively.

Chairman Voltz called for a vote on the motion with the authorization to pay the quarterly dues. Motion carried and ordered; Commissioner O'Brien voted nay.

Commissioner Scarborough recommended Mel Scott prepare a letter for the Chairman's signature reflecting the Board's posture, and direct it to the Chairman of the East Central Florida Regional Planning Council.

STIPULATED SETTLEMENT AGREEMENT, RE: DEPARTMENT OF COMMUNITY AFFAIRS AND FLORIDA AUDUBON SOCIETY, ET AL v. BREVARD COUNTY

County Attorney Scott Knox advised of a request from the Audubon Society to delay the settlement for 30 days.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the stipulated settlement agreement with Department of Community Affairs and Florida Audubon Society, et al regarding challenges to the 95B Comprehensive Plan amendments for 30 days. Motion carried and ordered unanimously.

APPROVAL, RE: CONSOLIDATED ACTION PLAN FOR FY 1998-1999 CDBG AND HOME PROGRAM FUNDS

Housing and Human Services Director Bernice Jackson advised the Board received a supplemental information packet regarding the Consolidated Plan as directed last week; the Plan contains recommendations for projects to be funded with monies available October 1, 1998 from HUD; the monies received would be Community Development Block Grant (CDBG) and HOME Investment Partnership dollars; and the CDBG Advisory Board and Affordable Housing Council made the recommendations as part of a process that began in November, 1997. She stated the process is detailed in the Citizen Participation Plan which was approved by the Board on August 26, 1997; the 1995 Consolidated Plan contains an analysis of census and survey data from which a five-year funding priority list was derived; and the priorities are those Brevard County identified as having the most urgent funding needs during the period 1995 through 2000. Ms. Jackson advised part of the report sent to the Board is the 1998-99 CDBG request for proposals summary and funding record, project objective summary, CDBG Advisory Board membership list, CDBG funding process overview, the five-year funded history, and the FY 1998 CDBG program funds along with a resolution governing the CDBG Board creation and terms of office.

Joseph Britt, President of Whispering Pines/Lakeview/Catalina Village Homeowners Association, referred to as WLC Homeowners Association, advised the CDBG program had five target areas; a concern is reduction of funds for those areas because of an effort to redefine the target areas and make them larger; there are projects in the original areas that are not completed; and those areas were designated as areas of low to moderate income areas that need to be rid of slum and blight which still exist. He stated they have no problem with expansion, but do not want to lose funds for projects that have been ongoing and need to be completed; and implored the Board to do that before expanding target areas. He requested the Board do an assessment of the projects that are ongoing and need to be completed to correct the slum and blight.

Juanita Wright, representing the East Mims Progressive Civic League, advised the East Mims area responded to the survey of needs in the community that were presented to them, submitted them, and they received approval; the many things that have been started and some that are completed have been an asset to the community and citizens of that community; it has given them a new lease on life; and they request the Board continue to support them as they work with the community. She stated there are homes that have been completed which make the area much better; they have tutoring programs, counseling, and senior citizen fellowship programs; and requested the Board continue to support East Mims to make the young people better citizens.

Reverend Edward Buckner, Chairman of the CDBG Advisory Board, advised prior to the nine-year program, East Mims, West Cocoa, Merritt Island, and Palm Bay areas were totally dilapidated, and needed drainage improvements and everything; those conditions still exist; the communities are at the mercy of federal grants for drainage, street lighting, and sidewalks; and that should not be because citizens in those communities are legitimate taxpayers in the County. He stated the Board has supported them and approved the plan that is ongoing; there will be more areas where people will be able to qualify based on income; but what they need is to eliminate slum and blight and improve areas. He stated there are still junk cars, dilapidated homes, and problems with Code Enforcement; West Melbourne finally improved and do not need CDBG funds anymore; and they hope to see the day when they can do that with every target area. He stated it is not just the predominantly black communities, but a County problem; it contributes to crime, environmental, social, and economic problems which should be a concern of the entire Board whether it is in West Cocoa or East Mims; and appealed to the Board to not take community pride away from people who have homes that are livable because of CDBG funds. He requested the Board reaffirm and recommit to the needy and citizens who benefit from CDBG funds. Reverend Buckner advised in spite of who attacked the Board, they have supported it; their dealings for over nine years have never brought embarrassment to the Board; there were times when communities were going to fall apart and would have been in the Board's lap, but they stuck with it and allowed them to work out their own problems; so the process the Board approved for funding under the CDBG program will do a grave injustice if it stops. He stated they do not need a new wheel, they just need more funds so they can do more in those communities.

Juanita Barton advised she replaced Juanita Wright on the CDBG Advisory Board, but cannot fill her shoes; however, she appreciates the opportunity to serve her community. She stated one term she heard when she was younger was "disenfranchised"; she did not know what it meant, but knew it referred to her; and she came to learn that disenfranchised meant she was a major sower but not a reaper in projects of the profits she had sown. She stated she heard the CDBG Board is not addressing all the needs of all people in the community; one group they are supposedly disenfranchising is the elderly; however, she saw a senior citizen walking to church on a sidewalk that was built with CDBG funding. She stated they have a community building that houses senior citizens who come for fellowship and to make sure they get one good meal; some have found partnerships; and she visited a senior citizen who received a new home. She gave a scenario of the term "excess money," indicating it is not excess because other things are delayed to take care of priorities; and stated there is no money that has not been duly allocated. Ms. Barton stated some feel they disenfranchise senior citizens when they support the young people, but they do not have the luxury of being able to support any one group; they have to commit to building facilities and initiating programs that will help the entire community; and advised of the learning center where children in East Mims have a chance to learn how to use computers to be employable and where senior citizens can be integrated into that program. She mentioned other activities at the center and family health problems which received community assistance.
Sylvester Donald, Interim President of the Central Brevard Branch of the NAACP, advised Clarence Rowe is still the President, but asked for a 90-day sabbatical, so he is acting in that capacity and the remarks are coming from the Board of Directors and members of the Central Brevard NAACP. He emphasized that the Board should stay on course of the five-year consolidated strategy plan it approved; andstated the CDBG Board worked hard and closely with the Housing Development staff and talked to organizations and concerned citizens on what is needed for the community; and they put it in a report to the Board, prioritized things they felt they need for the five-year plan, and did a good job. He requested the Board stay on course and not detour; the people have spoken; and that is who the Board represents.

Carol Thompson, Central Brevard Sharing Center Executive Director, advised there was discussion about repetitiveness for funding of agencies; this is the fifth year the Central Brevard Sharing Center is applying for a grant for medical prescriptions; the Center services residents in the central part of the County; and last year they helped 12,000 individuals, 300 of which received medical prescriptions. She stated people needing prescriptions filled have no where else to go; it is such an important program that 100% of the funding go to medical prescriptions; and those in a position of needing a prescription filled who do not have money cannot get it for free anywhere because the laws do not allow druggists to give them out. She stated the only persons who can give out medication are doctors; this program has literally saved lives; they do not treat the same people every time; it is not a repeat program for individuals; they get one time assistance; and it is one program they are most proud of.

Clarence Rowe advised there seems to be a misunderstanding within the community of denying certain organizations their fair share; he personally approves of the plan that is before the Board; however, his concern is they are reaching the year of the Welfare Reform Act where a number of people will be coming off the welfare roll and going into society without the necessary skills. He stated many speakers before him made the Board aware there are insufficient funds, and a lot of people in the community are tax-paying citizens. He advised HUD gives $2.00 for the needs of the needy; those $2.00 cannot take care of a $5.00 need; it is important for the Board to take a more active roll in funding; it needs to reevaluate its budget in this budget year; Mr. Lambert said they received requests for $870,323 and there is only $264,300 available; and there is an awful lot of needs. Mr. Rowe advised he gave the Board information dealing with the City of Cocoa citizens averaging salaries of $10,000 or less a year; Cocoa is one of the lowest slum areas in Brevard County; and there was talk about increasing target areas, but they cannot afford to increase the target areas because they do not have sufficient funds to meet the existing needs. He noted there were 27 organizations that requested funding based on need; and requested the Board look into the possibility of providing additional funds during its budget hearings. He stated the federal government said it would give the states five years to implement the Welfare Reform Act; he does not understand why the State is trying to do it in two years; he cannot see positive results of training people, finding jobs, and getting them to work within a two-year period; and they need to provide the necessary skills and training regardless of how long it takes for them to become productive self-sustaining citizens. Mr. Rowe requested the Board consider adding $3.00 to the $2.00 HUD provides to fund the $5.00 needs; and if the Board can do that, they will have sufficient funds to fund the requests that come before the Advisory Board. He stated there are too many areas which will take a long time to maintain with the $2.00 from HUD without help being made available; and read a poem from Florida TODAY, saying, "Poetic Reason to Help The Poor. To give money to the poor is to enable the poor to buy. To buy is to improve the market. To improve the market is to help business. To help business is to reduce unemployment. To reduce unemployment is to reduce crime. To reduce crime is to reduce taxation. So why not give to the poor for business sake, for humanity's sake, for God sake." He requested again that the Board, during its budget year prior to September, see if there is sufficient funds somewhere to help the organizations of CDBG grant funds because there are a lot of needs and bigger needs coming when people get off the welfare roll.

Commissioner Cook inquired what decision is staff looking for; with Ms. Jackson responding approval of the action plan. Commissioner Cook stated the Advisory Board has done an outstanding job for years; the Board is fortunate to have the caliber of people on the CDBG Advisory Board who are involved in the community; it approved the plan, and it is a good plan; so he will support it.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the HOME Consortium Consolidated Action Plan for FY 1998-99 for CDBG and HOME funds; authorize the Chairman to execute certifications and SF-424 Application for Federal Assistance forms; authorize staff to submit the Plan to U. S. Department of Housing and Urban Development; and authorize the County Manager or his designee to execute CDBG and HOME Program Grant Agreements upon receipt from HUD. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCES AMENDING ARTICLE III, CHAPTER 62, SECTION 62-501, RESCINDING AMENDMENT 92.B.2.1, RESCINDING AMENDMENT 95.B.4, AND SETTING FORTH PLAN AMENDMENT 98A OF THE COMPREHENSIVE PLAN

Chairman Voltz called for the public hearing to consider ordinance amending Article III, Chapter 62, Section 62-501, setting forth Plan Amendment 98A, ordinance rescinding Plan Amendment 92B.2.1, and ordinance rescinding Plan Amendment 95B.4 of the Comprehensive Plan; and authorize submittal of the 98A Amendment package to Florida Department of Community Affairs for compliance review.

Senior Planner Jim Ward advised Amendment 98A is a large scale Comprehensive Plan amendment; and Exhibit A includes five items, three of which are new amendments and the last two are repeals of previous amendments. He stated Item 98A.1 is a request to increase the density on a parcel in the South Beaches; Item 98A.2 is a request to change the Future Land Use designation on 14 acres from Planned Industrial Park to Agriculture; Item 98A.3 is a new policy proposed for introduction into the Future Land Use Element relating to administrative interpretations of the Future Land Use Maps; and the last two items are repeals of previous Comprehensive Plan Amendments, Amendment 92B.1 relating to the landfill near the intersection of U.S. 192 and the Osceola County line, and Amendment 95B.4 relating to Valkaria Airport areas.

Amendment 98A.1, Add Directive 8 to South Beaches Study Area Directives of the Future Land Use Element.

Ed Fleis, representing Bob and Joann Schuett, advised at the May 17, 1998 meeting, Paul Gougelman presented the application to the Board; that application was to amend the Comprehensive Plan through an 8th directive to allow a three-unit building on Tax Parcel 258; and the request was revised at that meeting to reduce it from three units to two units because the Board recognized the incompatibility of land use of the nine-unit motel complex next to a single-family house, and requested they consider two units since there could be no further transitional use other than the two unit building. He presented a handout describing the site and character of the area. Mr. Fleis stated the amendment to the Comprehensive Plan adopted for the South Beaches is a good plan; it provides for change in land use to one unit per acre; and the request before the Board is for a transitional use, which is also consistent with the Comprehensive Plan. He advised the rationale in the Future Land Use Element Directive contained in 92B Edition, states, "The South Beaches Small Area Plan Study included significant reductions in the residential density of the South Beaches; however, it was recognized that in a limited number of instances, the lower densities would result in significant incompatibilities based upon areas of existing higher land use densities and intensities. Compatibility surrounding land uses is a criterion contained in Future Land Use Policy 1.6 for determining residential density designations." He stated although it was recognized that there were incompatibilities in this statement, there were no provisions made for transitional uses; and this request is basically for transitional use. Mr. Fleis stated in reviewing Policies 1.6 and 1.8, the Board pointed out that it had to be consistent with the character and be compatible with the area; Policy 1.8 states, "Brevard County shall not increase residential densities within the coastal high hazard and high risk vulnerability zones above those programmed due to the addition of infrastructure, including specifically any new bridge or improvements to existing causeways over the Indian River Lagoon needed to meet existing deficiencies." He noted under the criteria for the South-South Beaches area, it says, "Program densities shall be those consistent with the 1984 South-South Beaches Growth Management Directive"; that directive was four units per acre; their application was for three units and it has been modified to two units; so they are consistent with Policies 1.6 and 1.8. He advised the area immediately north of the site is the Jolly Roger and Sea Turtle Motels, a nine-unit complex; to the south is a ten-foot wide private access; across the street is a four-unit townhouse that is under construction; and existing are the Homestead Condo, Heritage Condo, Whispering Pines Condo, which are all at 12 units per acre; a three-unit townhouse with a New England Eatery to the northeast; and South Shores has an eight-story condo. He stated the density of Hidden Cove Subdivision is about three units per acre; Lighthouse Cove is about ten units per acre; so the character of the area is not single-family residential, but is more of commercial and mixed use. Mr. Fleis advised the objective of the Comprehensive Plan amendment was to provide for reduction in density in the South-South Beaches, which it did by changing the land use to one unit per acre, but significant reductions in the number of units that will be built have also been achieved through the purchase of lands for public use by the Mellon Foundation, Brevard County, and U.S. Fish and Wildlife Service under the Archie Carr Refuge project; and that has resulted in about 1,500 units less that will not be developed in the South Beaches. He requested the Board approve the request for Directive #8 for a two-unit building on a site that was zoned RU-2-4 and had a Future Land Use in 1984 of four units. He stated it provides for transitional use; and it is consistent with the Comprehensive Plan Policies 1.6 and 1.8 of the Future Land Use Element.

Jim Egan, professional scientist, advised he was asked to speak by the Sierra Club in representation of its 900 members; and stated the Archie Carr Refuge is not a distinct monolith; it is not a unit that is functioning completely independent of the area around it; to a large extent it depends on the fact that the area tends to be very low density; and if the change to higher density is a precedent that is started, they will see the break up of a lot of effort that went into the creation of that Refuge. He stated additional people will impact the area in a number of ways; the increased lighting and people on the beaches have caused a lot of disorientation of the turtles; and that area is the most productive area in the western hemisphere for sea turtle nesting because it is a low-density area. He stated on the opposite side of the spectrum, the sea turtles, having spent a couple of years in the ocean, return to the lagoon to spend a good portion of their lives; the Florida Legislature, in the past session, recognized the serious threat that has been occurring with a disease that has to do with poor water quality; south of Melbourne Beach to Cocoa is the worst water quality area in the Indian River lagoon; and the first outbreak of fish lesions actually happened south of Melbourne Beach. Mr. Egan advised St. Lucie County got a lot of attention primarily because of the big discharge from Lake Okechobee; without that discharge, the area is normally very well flushed; Brevard County area is not; it does not get enough salt water in and has significant sources of fresh water; and one of the biggest problems is no connection of septic tanks to non-source pollution. He stated one of the most serious threats to the water quality is increased use of septic tanks; over 80% of the units are already in places that are incompatible with septic tanks; they can measure the chloroform from human waste; and those dangerous and toxic bacteria get into the lagoon where children swim. He stated there were issues of flooding and septic tanks overflowing; allowing an increase in density would be a problem because it is a very prime area; people will see a lot of profit motive to increase density in that area in the future; and it is a key area from the ocean side and lagoon side. He noted it is not an area where the Board would want to have a precedent to increase density; the description of the area referring to motels is very low density; those pre-existing structures have been there for a while and there is nothing they can do about it; but to allow increased use, knowing about the problems that have been caused because of what has been done already, would be foolish. Mr. Egan stated individual actions that keep harming community resources such as the Indian River lagoon and sea turtles are significant losses for the County, Florida, and United States; what a single individual may need is small compared to the $700 million economic asset that Brevard County has in the lagoon; so they do not recommend allowing the amendment.

Susan Simoes, Chairman of BIPPA and President of Melbourne Shores Homeowners Association, presented pictures showing the character of the area, and stated all the land Mr. Fleis recognized were vested many years ago; there are single-family houses next to motels; and it is possible to have a nice residential home next to a nine-unit motel like the Jolly Rogers. She noted it was Jolly Rogers and Sea Turtle Motels, but it has been combined into one complex. She stated BIPPA's mission is to protect and preserve human life, wildlife, and their way of life on the barrier island in concert with support of the best interest of Brevard County, Florida, and the United States; they held a meeting with representatives from most of the homeowners associations in the South Beaches and contacted residents and property owners who could not attend the meeting; and everyone they spoke with indicated opposition to the Comprehensive Plan amendment. Ms. Simoes advised much effort and many long volunteer hours went into the creation of the Small Area Plan; the reason the density was reduced was to meet concurrency requirements; density as low as two units per acre north of and one unit per acre south of Crystal Lakes cannot be supported by a two-lane road; and there are many other concerns such as coastal management and environmental issues. She stated the Comprehensive Plan is designed to protect everyone; if the Board breaches the Comprehensive Plan to benefit a few individuals, it will set a precedent for everyone to ask for the same consideration; the photographs show a single-family residence next to a "mom and pop" motel which is not out of character in that area; the motels were built many years ago; and their intensity of use is very low. She advised Department of Community Affairs has come out with a very strong recommendation against passing this amendment; and all of the residents, who stood in opposition, respectfully request the Board support the South Beaches community and deny the application.

Walt Brand requested the Board reject the proposed amendment that would change the units per acre; and explained his experience in New Jersey involving development of a large wetland area, and the self-imposed hardship. He stated the applicant is claiming ignorance of the laws regarding zoning; and requested the Board consider if it is a valid justification for the change. He stated the South Beaches is a very unique area; and they have to be concerned with the eco-system, wildlife preserves, impact of additional septic systems, and evacuation routes to get off the barrier island. He stated people still stop for turtles on A1A; motels have been there for years; if the Board denies the change, it can go back and change it; but once the density is changed, it will open up the floodgates and it will not be able to stop it. He requested the Board look long and hard at the potential consequences and impact on all the individuals in the area when it makes its decision.

Julie Harrison, representing Partnership for a Sustainable Future, read their position which was sent to the Board by Priscilla Griffith in letter form, as follows: "The Partnership is an organization that is deeply concerned with the economic, environmental, and social viability of Brevard County now and in the future. As such, we wish to take this opportunity to urge you not to adopt amendment 98A.1 for the proposed density increase. The planning issues identified in the SBSAPS are serious. Hurricane evacuation, infrastructure limitations, proposed service needs of the population, environmental conditions and constraints, consistency was established development patterns and the recommendations made to reduce residential densities to one dwelling per acre. As you surely must know, these issues go to the very heart of the quality of life of the present and future residents of the South Beaches. The staff responses to the Department of Community Affairs' objections, recommendations and comments, do appear to justify allowing the amendment to become law; however, we urge you to look beyond this amendment to the other property owners who are even now waiting to apply for Comprehensive Plan amendments for their properties. Surely others will follow these. Where do you decide to draw the line? Which proposed plan change will tip the scale? What was the purpose of doing a small area study if it is to experience a death by inches? What happens to the Archie Carr Wildlife Refuge as this process proceeds? Are there other small area plans in the County which could be breached in the same way? This small area plan was adopted in 1992. The Harris Act did not take effect until 1995. Would it apply? It would appear not. If you support this amendment, you will open the area to greatly increased growth as others seek the same kind of amendments. If you support this amendment you will negatively affect the internationally known Archie Carr Wildlife Refuge. It would probably not be overstating the case to say that you would have doomed this wonderful place, the South Beaches, as one of the last of its kind on the Florida East Coast, just to be like all the other overdeveloped places which are in such abundance on the Florida Coast, the sort of places that people are fleeing. Please don't let this happen. We thank you for your attention to our views."

Karen Greer, President of Crystal Lakes Property Owners Association, representing 200 families strongly opposed to the South Beaches Comprehensive Plan amendment, advised the Schuetts are an attorney and a realtor, two extremely educated people who claimed they had no knowledge of the South Beaches Comprehensive Plan; any problems they are having on this issue should have been known at the time of the sale of the property; and the issue now should be with the people who sold them their lot. She stated she has lived in the South Beaches for over ten years; and anyone who has been in the area is taken by the pristine beauty and high quality of life; there are few areas in Florida that can match it; and amending the Comprehensive Plan will begin the erosion of their way of life. She noted others have already applied for Comprehensive Plan amendments to their parcels; the Board must stop this now; the Department of Community Affairs agrees that the Comprehensive Plan should not be amended; and requested the Board not turn this beautiful South Beaches into a polluted overcrowded Miami Beach. She stated they love their home as it is, and the Comprehensive Plan should remain.

Ed Fleis advised sometimes he wonders if he is coming before the Board for an amendment to put up a 30 or 40-unit condo when he hears the comments from some of the people, and the picture that is being painted about the pollution of the river and the impacts on the turtles. He stated they are talking about a transitional use between one of the properties that is considered vested and a single-family home; if it was next to a smelly dirty restaurant the intensity could be quickly identified; if it is well maintained it may not, but it is a higher intensity use; and the Comprehensive Plan recognizes that there are some incompatibilities, in this case, the motel next to a single family home. He stated several comments were made that they are setting a precedent; this is the 8th directive; there were 7 directives that came before the Board in the past; all were approved based on the densities that were allowed in 1984; and they are talking about a transitional use that reduces that density by 50%. He stated in reference to the issue about septic tanks and impacts on the Indian River, the site is about 1,000 feet from the river; there are problems with septic tanks, and something the Board and others are wrestling with; many times there are developments along the river or in low-lying areas with high water tables where there are serious problems with septic tank effluent making its way into the river; but this site is about 12 feet above the water table and in sandy soils which is probably ideal for septic tanks. Mr. Fleis advised when the vested uses were described, they were always very low density and low intensity, but when it came to describing a two-unit building, it sounded like it was a major development; the pictures show a higher intensity use with a nine-unit motel next to the property; and it is not known how many two-unit homes there are in the South Beaches. He stated when it was zoned RU-2-4, there were a lot of two-unit homes built. He stated as for a flood of applications coming before the Board for changes, if anybody has to go through what they went through, they would recognize that it is extremely difficult and it has to be an exception; it has to be recognized as a transitional use; he cannot imagine the Board considering somebody looking for a higher density between two single-family homes; and there may only be a handful of these situations that may be considered in the South Beaches. Mr. Fleis stated as for ignorance of the laws, Mr. Schuett is an attorney and his wife is a contractor; neither were able to attend the meeting because they are both recovering from surgery; but when Mr. Schuett pointed out at the last meeting that prior to buying the land he called the Zoning Office and was advised it was RU-2-4, they were not advised there was a Comprehensive Plan amendment; and they are from out of town. He stated they should have been advised by the realtor, but they were not; and being the kind of people they are, they checked on it before they bought the land. He stated as for turtle protection, whatever is built on the ocean requires a turtle protection plan; that is mandated by the State of Florida; that plan deals with whatever lights are put on the house; they cannot be more than a certain intensity and perhaps color; it does not allow activity on the beach during turtle nesting season; and those are built-in requirements on turtle protection. Mr. Fleis advised as to the intensity of the site, a building can be built on it about 60 feet wide whether it is a single-family house or a two-unit building; and when looking at it from the ocean side, it will be the same width and not half the size. He stated they have come before the Board consistent with the policies of the Comprehensive Plan that recognize incompatibilities and the densities will not be increased beyond the 1984 Land Use Plan densities; and requested the Board's approval of the amendment.

Commissioner Cook advised he met with Kathy Martin and Susan Simoes and received a phone call from General Hollis. He inquired what is the size of the lot; with Mr. Fleis responding the frontage on the road is 100 feet, north and south it is 90 feet wide, and it is about .91 acre. Commissioner Cook inquired if staff confirmed the call from Mr. Schuett who was told of the zoning on the property; with Chairman Voltz responding people call all the time, and it would be difficult to tell if someone called. Commissioner Cook stated sometimes staff makes notes or sends letters confirming the zoning; and it would be compelling to him if someone made notes to indicate they made a mistake; with Jim Ward responding no members of staff received a phone call seeking zoning information on the property that he knows of; and he thought Mr. Fleis mentioned that Mr. Schuett spoke to the realtor and got that information. Mr. Fleis stated they called the County. Mr. Ward stated he was given correct information that it was RU-2-4. Mr. Ward advised in 1992 the residential density reductions occurred, and the rezonings to make the parcel consistent happened subsequent to that. Commissioner Cook inquired if it is normal procedure to indicate what the Comprehensive Plan says when someone asks what the zoning is; with Mr. Ward responding they make that routine when they get a call asking for what the zoning is on a parcel, to advise the caller what the zoning, future land use, and residential density designations are.

Mr. Fleis stated after 1986, he went to the Zoning Office when he was doing a pre-application and asked for the zoning on a parcel; it was industrial and they were planning to put in an industrial building; they went through the entire site plan, got it done, and in the final review Comprehensive Planning said it is industrial, but it is an industrial park and needs to be rezoned, which changed the entire site plan. He stated that was a personal experience he had before; he learned to always check the Comprehensive Plan because of that; and he does not know what happened in this case, but that is what happened to him in that instance. Commissioner Cook stated a lot of realtors request confirmation of zoning in writing, and he wonders why that was not done this time.

Commissioner Higgs advised she wants to put a number of things on the record; and most are attachments, but she will hit the high points. She stated prior to the previous hearing, she met with Mr. Gougelman and Mr. Fleis as well as the Schuetts; she also talked to Tom Beck, John Healey, Tom Pelham, Charles Gauthier, Slater Hollis, Sue Simoes, Kathy Martin, Howard Wolf, Bob Toppe, and Cordy Lavery; and she talked about this item to other people. She stated as was referenced, the area was down-zoned in 1984 based on environmental, infrastructure, and hurricane evacuation features; the 1988 Comprehensive Plan made additional changes; and in 1992, significant amendments to the Comprehensive Plan reduced the density south of Crystal Lakes to one unit per acre and north of Crystal Lakes to Melbourne Beach town limits to two units per acre. She stated the Small Area Plan dealt with levels of service, impacts on roads, water, natural resources, hurricane evacuation, infrastructure requirements, and the general quality of life; it also dealt with seven directives which were attempts to resolve potential incompatibilities; and her concern is the precedent-setting nature of this amendment. Commissioner Higgs advised the South Beaches Small Area Plan set a good course of action which should be followed; initially the justification for this amendment was the inconsistency between a nine-unit motel and a single-family home; the motel is actually a five-unit and four-unit combined facility; and the property sits next to the four units. She stated the charts list motels, condos, and commercial establishments along the A1A corridor; there are 14 motels, including one triplex, eight condos, and 16 commercial establishments which are adjacent to single-family residential properties along A1A; thus the character of the South Beaches is that it is not uncommon to see single-family residences adjacent to commercial, condos, and small motels. She noted since the majority of those enterprises existed prior to the building of residences, it is evident they do not impact the property value or desire of residents to live next to commercial establishments. She stated to understand the potential extent of the Comprehensive Plan amendment, a survey of the South Beaches was undertaken; the study area was from the town limits of Melbourne Beach to the Brevard County line, approximately 50 miles; the purpose was to identify similar situations in which a transition policy could be applied to the potential density increase; and it was conservatively estimated that the transition density increase would mean an increase to two units south of Crystal Lakes and four units north of Crystal Lakes, and a different assumption could produce multiples of that. She stated given the application of that principal, they could produce 78 additional units, on a minimum conservative assumption; and due to the nature of the environment, infrastructure, and the community, this increase is unwise. Commissioner Higgs explained maps and charts, and advised SR A1A is the only road in and out of the South Beaches; the Towns of Indialantic and Melbourne Beach, as well as the unincorporated area of Brevard County will be impacted by this decision; all traffic in those areas enter and exit via A1A and State-owned bridges at Wabasso and Indialantic; and Charts 5 through 7 demonstrate the conditions of the key segments of A1A. She stated one key segment encompasses Indialantic and Melbourne Beach, and is reaching maximum acceptable volume and LOS of D; if this amendment is approved and the transition principle is applied to similar situations, 745 trips will be added to the daily count; and that impact will be significant and adverse on roadway conditions. She stated a more intense scenario to the transition principle could be spreading density to adjacent parcels in multiples; that could produce an additional 1,041 additional trips on A1A; A1A is a large two-lane road and a constrained corridor on a barrier island in high hazard zone with the unlikelihood of being four-laned; and the Small Area Plan recognized the importance of the traffic impacts to the South Beaches. Commissioner Higgs advised another component is hurricane evacuation and the impact from existing to the transition policy on trips on A1A; previous speakers cited the Archie Carr Wildlife Refuge; and a 1995 study indicated the partners involved in the acquisitions, which included the U.S. Fish and Wildlife Service, Florida Department of Environmental Protection, Brevard County, Richard King Mellon Foundation, Conservation Fund and The Nature Conservancy, to mention some, have expended more than $75 million for Archie Carr acquisitions. She stated page 14 lists the policies that are inconsistent with the State, County and Regional Comprehensive Plans; Policy 1.6 of the Future Land Use Element establishes the seven criteria for basing density; those are outlined in Attachment J; and each of those raise serious considerations about this decision. She stated Policy 1.8 of the Future Land Use Element states, "Brevard County shall not increase residential densities within the Coastal High Hazard and High Risk Vulnerability Zones above those programmed due to the addition of infrastructure, including specifically bridges or improvements to the existing causeway." She stated Objective 6 of the Coastal Management Element states, "Limit future public expenditures for infrastructure and service facilities which subsidize growth within the Coastal High Hazard and High Risk Vulnerability Zone areas of Brevard County"; and Objective 7 of the Coastal Management Element, states, "Limit densities within the Coastal High Hazard Zone and direct development outside of the area." She stated in addition, Florida Statutes, Chapter 187.201, (9)(b)(3) states, "Avoid the expenditure of State funds that subsidize development in high hazard coastal zones"; and the Regional Policy Plan from East Central Florida Regional Planning Council has a policy which also deals with those goals. She stated based on those things and comments of the citizens, she would request the Board withdraw amendment 98A.1.
Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to withdraw Amendment No. 98A.1, a request to add directive #8 to the South Beaches Study Area Directives of the Future Land Use Element, which will increase the programmed residential density designation from Suburban one unit per acre to urban fringe four units per acre with a cap of two residential units on Parcel 258 containing .91 acre ?, in Section 14, Township 29, Range 38 (Schuetts' parcel); and adopt the Ordinance as amended.

Commissioner Scarborough advised he considered this amendment favorably the first time; however, one thing he finds persuasive is the nature of the smaller motels; and he does not think the individual is negatively impacted. He stated there is a need for consistency; once the plans are completed, there is a tremendous danger reconsidering them inch-by-inch; and it can start something in reverse and become totally unwound. He stated 700 plus could be similarly considered; that is a frightening concept after going through the Comprehensive Plan effort in 1988; it does not mean the Board should not be willing to consider amendments; but it has to be more compelling than presented to the Board today because there is not an overwhelming negative situation with the adjoining motel that he imagined at the first hearing. Commissioner Higgs advised there are 78 potential units on the conservative estimate which translates into 745 trips; with Commissioner Scarborough responding that is a lot better, because he thought it was 745 rezonings.

Chairman Voltz advised Department of Community Affairs has objected already; they think it is inconsistent with the area; but they also said they asked for information if the applicant can prove himself. She stated she does not think the Schuetts will be able to do that, but they should have the opportunity to go forth and present it to Department of Community Affairs knowing they may be turned down; so she cannot support a motion to withdraw. She stated he has a right to at least submit information to Department of Community Affairs; and if he thinks he can get it through, the Board should let him try.

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

The meeting recessed at 12:15 p.m., and reconvened at 1:17 p.m.

Amendment No. 98A.2., a request to change the Future Land Use Map designation from Planned Industrial Park to Agriculture on Parcel 501 containing 13.8 acres ? in Section 13, Township 30, Range 37.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Amendment No. 98A.2, change from Planned Industrial Park to Agriculture on Parcel 501 located south of Micco Road, as requested by Grady and Gail Hudman. Motion carried and ordered unanimously.

Amendment No. 98A.3, a request to add a policy to the Future Land Use Element which will establish a mechanism for administrative interpretations of the mapped designation boundaries within the Future Land Use Map Series. Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Amendment No. 98A.3, establishing a mechanism for administrative interpretations of the mapped designation boundaries within the Future Land Use Map Series. Motion carried and ordered unanimously.

Ordinance rescinding Amendment 92B.1 which amended the Future Land Use Map designation on 1,480? acres located in Sections 19, 29, 30, 31 and 32, Township 27, Range 35, from Agriculture to Public Facilities.

James Payne, representing Deseret Ranches of Florida and East Central Florida Services, Inc., advised he prepared a letter for the Board; and presented it to the Commissioners. He stated the County owns 2,980 acres for the landfill on U.S. 192; Deseret Ranches of Florida and East Central opposed the change in 1992 or 1993 when it was argued that the County did not go through the proper steps in assessing the property to change it to public facilities; and they feel the entire property should be classified as agriculture and not leave an irregularly-shaped parcel. He stated if the County would properly analyze the property, it would find that public facilities designation is inappropriate; there are important environmental issues there; and it would be difficult if not impossible for the County to site a landfill there. He stated if the entire parcel is not fit for siting of a landfill, by removing a part of it and having a portion left would be even less appropriate; consequently, they recommend the County change the designation on the entire 2,980 acres to agriculture at this time. He stated it is a better alternative in keeping with the items required by the Comprehensive Plan and all other things he cited in his letter.

Commissioner Higgs requested the County Attorney comment on an agreement that the Board would withdraw it because it was not ready to move forward; with County Attorney Scott Knox responding Amendment 92B.1 is currently under administrative review by Department of Community Affairs and the DOA hearing officer; and the Board is withdrawing that to put it back to where it was before it actually enacted the amendment. Mr. Payne stated he understands the Board is withdrawing that which was before the hearing officer; but they feel it is going to leave an irregularly-shaped parcel, so they recommend the entire acreage be changed to agriculture. Mr. Knox stated the planners could tell the Board what the net result of withdrawing this will be.

Planner Todd Corwin advised in 1988, approximately 1,500 acres were designated as public facilities; in 1989, it was reconfigured; and in 1993, an additional 1,480 acres were added to the site by Amendment 92B.1. He stated if the Amendment is repealed by this ordinance, it will leave approximately 1,500 acres at the present site.

Commissioner Cook stated it will go back to where it was originally; today the Board is dealing with repealing the Comprehensive Plan Amendment that was initiated; and it is not dealing with the other issue.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Ordinance rescinding Comprehensive Plan Amendment 92B.1 of the Comprehensive Plan; deleting changes enacted by Comprehensive Plan Amendment 92B.1; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

Chairman Voltz inquired if it will leave 1,500 acres to be used for public facilities and 1,480 acres for agriculture; with Mr. Corwin responding that is correct.

Ordinance rescinding Plan Amendment 95B.4 which had amended the Future Land Use Map designation on 46? acres located in Section 18, Township 29, Range 38, from Planned Industrial Park to Residential in Valkaria.

Steve Caporusso advised he lived in North Miami for 40 years, retired, and came to Valkaria because it is a beautiful residential area; and he hopes the Board will not allow industry along Valkaria Road and will leave it residential. He stated they have problems with industry on Dixie Highway with trucks dumping gravel, cement and asphalt; they want to keep Valkaria Road clean and presentable; and they do not want industries on it.

Janis Walters advised of Mr. Buehler's acquisitions around small airports to promote general aviation and aviation-related industries; and indicated since his death, general aviation has suffered a reversal of fortune. She stated between overall decline in general aviation and poor growth potential at Valkaria Airport, realistic business ventures for aviation and aviation-related industries are practically nil; and the Buehler Trust land north of Valkaria Airport is frustrated. She stated people who bought land and built homes in Valkaria chose the area because of its rural residential character; and they wanted to get away from commercial and industrial developments. She stated Goat Creek runs through the middle of the property; some of it is scrub, aquifer recharge area, and a lot of wetland; and industrial or commercial use would require substantial mitigation and destroy the character of Valkaria with an island of inappropriate land use in the middle of the community. Ms. Walters advised the land is best suited for agriculture residential use, passive recreation, or conservation; it would make great mitigation property for development in other suitable areas; the Buehler property is in the path of the proposed greenway and Valkaria Road bikepath; and they do not want a planned industrial park in the area. She stated the CRG, in preparing the Small Area Study for Valkaria, unanimously recommended agriculture residential zoning for the parcel; Pomello Ranch is in similar proximity to the Airport and experience very little noise impact because their houses are off to the side of the runway approaches; the noise impact is worse in the south end of Valkaria Heights and north end of Ponderosa Road because those homes are directly under the approaches to the runway; and the corresponding approach area on the Buehler property has already been marked off as clear zone. She suggested the Board do a Part 150 noise study if it is uncertain as to the Department of Transportation's allowable zoning in the area; and noted the results will prove the recommendations of the CRG to be acceptable.

Curt Lorenc presented copies of letters to the Board and described the contents of each letter regarding the Buehler property, their proposed use for industrial purposes, their offer of a gift of $200,000, considerations of changing the Master Plan, a request for the gift, and a response that there is nothing they would like to give to the County. He stated the real problem in Valkaria is noise; what would help is the FAA Part 150 noise study; and explained the process of the study and determination of compatible zoning. He stated the FAA stated it is commonly done; most municipalities and counties use it as a guideline for doing zoning around airports; Department of Community Affairs wanted the County to do a noise study for Valkaria; and it should be done. He stated the study would cost approximately $25,000; the County could get grant funds to do it; and the actual cost to the Airport would be minimal. He requested the property be left as residential.

Dewey Leidal advised he was on the Small Area Study group that voted unanimously for the area to remain rural residential; their concern was not to do anything negative to their neighbors Grant and Malabar; a walkway along Goat Creek would go along the edge of the Buehler property; and urged the Board to keep it residential. He stated if commercial, industrial, or uses other than residential were allowed, there is no way of knowing what would come next up and down Valkaria Road. He stated the airport and golf course are recreational facilities; and described recreational activities that take place at the Airport. He stated there is industrial on Dixie Highway with a cement plant and asphalt plant, which are necessary, but they do not need them all over the place; and rural residential is needed because they have lost too much of it in the County.

Commissioner Higgs advised the amendment was recommended by the Small Area Plan, transmitted by the County, and Department of Transportation objected to it; there is still an opportunity to do a noise study which will show the noise contours remain on the Airport; and the use of that noise study would persuade Department of Transportation that the residential use is acceptable. She recommended the Board stay with the residential classification.

Chairman Voltz inquired if the noise stays on the Airport, why are the neighbors complaining of a noise problem; Mr. Lorenc said noise is the root of the problem; so it does not make sense to do a noise study to show there is no noise problem so more neighbors can complain about the Airport.

Commissioner Scarborough stated if industrial is allowed, it may lead the Airport to a more intensive use which would be less compatible with the area; there are two airports in his District; Arthur Dunn has residential around it and TiCo has industrial around it; and there are different thought processes with the different airports. He suggested the Board do the noise study to determine not only where it is but where it is going.

Commissioner O'Brien stated he cannot support a noise study; it is ridiculous to put residential at the end of a runway; and he cannot justify it. Chairman Voltz stated it is not at the end of a runway, but beside it; Merritt Island has all residential around it and they have one complaint on a regular basis from a man who lives three miles away; and inquired why the neighbors do not complain. Commissioner O'Brien stated if the Board allows residential on the property, it will have more people complaining, and it will have caused the problem by allowing it to occur through zoning. He recommended it be industrial and left industrial. Commissioner Scarborough stated there is an interest living near general aviation airports.

Commissioner Higgs advised in fairness to the people at the end of the runway, the runway was closed when they moved in and then reopened; that caused a lot of problems; but in this place, the people who were going to buy the land in question know what is there, and were ready to buy it had it been changed to agriculture. She stated some people are happy to live under those situations. Commissioner Cook stated the Board may think that, but Department of Community Affairs and Department of Transportation keep saying no. Commissioner Higgs stated Nancy Houston said DOT would be willing to look at a noise study to determine what would be acceptable on that property.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt an ordinance rescinding Comprehensive Plan Amendment 95B.4 of the Comprehensive Plan; deleting changes enacted by the Comprehensive Plan Amendment 95B.4; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

AWARD OF QUOTE #Q-3-8-94 AND CONTRACT TO LUCHETTI CONSTRUCTION OF MELBOURNE, RE: SELLERS LANE WATERLINE MSBU PROJECT

Chairman Voltz advised the City of Cocoa will do the project, so this award is not needed.

The Board withdrew the request to award Quote #Q-3-8-94 and Contract to Luchetti Construction of Melbourne for the Sellers Lane Waterline MSBU Project.

SPEED HUMP REQUEST, RE: BANANA BOULEVARD

Commissioner O'Brien advised Banana Boulevard is near Jefferson Junior High School; it is a main connector between Courtenay and South Tropical Trail; people are speeding through the neighborhood with six to seven cross streets; and it meets the criteria, as 80% of the residents requested it.

Chairman Voltz stated she will not support it, as the speed limit is 20 MPH; and of the 96% exceeding the speed limit, 65% exceed it by 10 MPH which is only 30 or 32 MPH.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the installation of three speed humps on Banana Boulevard on Merritt Island. Motion carried and ordered; Commissioner Voltz voted nay.

FINAL ENGINEERING APPROVAL, RE: RIVER POINTE SUBDIVISION

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to grant final engineering approval for River Pointe Subdivision, reduce required side setback distance from ten feet to eight feet, and require a two-foot setback on the zero lot line side, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: MEADOWLAKE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final plat approval for Meadowlake Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

APPROVAL, RE: CHILD DAY CARE ENFORCEMENT HEARING OFFICER

Motion by Commissioner Cook, seconded by Commissioner Higgs, to appoint Joan Bickerstaff as the hearing officer to conduct a hearing on the appeal of Carousel of Learning of Brevard, Inc., regarding an administrative complaint to be filed against the child care facility by Environmental Health Services. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: TWO RESCUE UNITS FOR HARBOR CITY VOLUNTEER AMBULANCE SQUAD, INC.

Chairman Voltz advised staff requests the Board authorize the Public Safety Department to bid and award bid to the lowest qualified bidder for the purchase of two rescue units at an estimated cost of $180,000, $90,000 each, to be titled over to Harbor City Volunteer Ambulance Squad, Inc. She inquired if there will be an agreement for the County to take those back.

Commissioner Cook inquired if the additional language recommended by the attorney is included; with Public Safety Director Jack Parker responding they will write a contract with a reverter clause and bring it back under a consent item if the purchase is authorized.

Commissioner Higgs inquired if the County has purchased ambulances for Harbor City before; with Mr. Parker responding there has been times when the County has given them support, but as to the purchase or loan of ambulances, he is not sure of the history of that. Commissioner Higgs inquired about ambulances for Coastal Health Systems; with Mr. Parker responding the County has given them two ambulances which they still have. Commissioner Higgs inquired if they are not delivering the services, will the County get the ambulances back; with Mr. Parker responding yes.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize the bid for two rescue units for Harbor City Volunteer Ambulance Squad, Inc., and award bid to the lowest qualified bidder, subject to approval of a contract by the County Attorney to include a reverter clause that HCVAS agrees, on request from the County and/or termination of the Franchise Agreement with the County, that the two ambulances will be retitled to the County and HCVAS shall execute any documentation necessary to accomplish such retitling within five days of the request. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH HARBOR CITY VOLUNTEER AMBULANCE SQUAD, RE: ADDITIONAL FUNDS AND AMBULANCE FOR VIERA EAST STATION

Chairman Voltz advised Harbor City Volunteer Ambulance Squad (HCVAS) is requesting an increase of $15,000 per month for recurring costs due to the establishment of an ambulance at the Viera East Station, and $5,166.66 per month for salary increases. She stated the Amendment to the Agreement allows the County to title over to Harbor City the ambulance purchased for the Viera Station, with a reverter clause requiring Harbor City to retitle the ambulance back to the County on request of the County and/or at the termination of the Franchise Agreement.

Susan Simoes, representing BIPPA, Melbourne Shores, and over 24 Homeowners Associations, advised they were very concerned with what Harbor City Ambulance Squad did to the South Beaches in reference to taking their ambulance away, which BIPPA helped to put in the South Beaches with assistance from the County; and indicated they used that to obtain salary increases. She stated the Board gave the Squad approximately $385,000 a few years ago to keep an ambulance in the South Beaches; and the citizens were in an uproar because of the thought of the ambulance being taken away, until a week ago Friday. She stated they have a right to expect service, life support, and paramedics; and there are a lot of older people who live in the South Beaches, and a lot of situations that happen at Sebastian Inlet.

Motion by Commissioner Cook, to authorize execution of an Amendment to Agreement with Harbor City Volunteer Ambulance Squad, providing for $15,000 per month to establish an ambulance at Viera East Station and $5,166.66 per month for employee salary increases; allowing the County to title over to HCVAS the ambulance purchased for the Viera Station with a reverter clause requiring HCVAS to re-title the ambulance to the County on request of the County and/or termination of the HCVAS and/or agency's franchise Agreement with the County.

Chairman Voltz inquired if the motion can be divided, and what does staff have to say about it; with Public Safety Director Jack Parker responding originally there were several amendments requesting monies for salary increases, moving the South Beaches ambulance to the mainland, and making the fire engine in the South Beaches ALS. He stated since that time, the Board of Directors for Harbor City chose to leave the ambulance in place; they did not do it as a result of adding an amendment for raises; the raise amendment was already in existence; but they made a commitment to the Board of County Commissioners and wanted to honor that commitment, leave the ambulance in place, and not ask for recurring revenue for the South Beaches ambulance.

Commissioner Cook inquired if that is the position of the new board of directors; with Mr. Parker responding yes. Chairman Voltz inquired if the $5,166.66 is an increase for all employees; with Mr. Parker responding originally it said 5%, but it is not 5%; the lump sum will be spread out among the employees; but how it will be spread out he has not seen yet. Alan Escoffery, CEO of Harbor City Volunteer Ambulance Squad, advised the $62,500 is to help support salary increases for all employees; and they estimate it will be double that amount. Commissioner Cook inquired if salaries were frozen for the last two years; with Mr. Escoffery responding that is correct; when they implemented their financial recovery plan they froze the salaries, and they are still frozen. Commissioner Cook inquired what is the average salary increase; with Mr. Escoffery responding 3%.

Chairman Voltz inquired where is the money coming from; with Mr. Parker responding the $62,500 will require an assessment increase which he is not recommending at this time and would rather take it out of the reserve account of the Central Assessment Fund which may be over $1 million this year. Chairman Voltz inquired about the $15,000 a month; with Mr. Parker responding that is the total of $180,000 and accounted for, but the $62,500 is not accounted for and will have to come from reserves. Chairman Voltz inquired if next year something else will have to happen to continue funding that, and if eventually they will have to look at an EMS assessment increase; with Mr. Parker responding that is correct.

Commissioner Higgs advised she does not have a problem with funding the Viera Station, but has a problem with the $5,166 a month for salary increases because of a series of commitments Harbor City made to the Board in December, 1996. She stated the then CEO Mike Abels presented the recovery plan and received three amendments of the 1994 Agreement; one of those was deleting a staffing requirement in Section 5, and by September 30, 1998, six of the squads in active use will be staffed with either two paramedics or one paramedic and two EMTs. She stated Mr. Abels further committed that they would provide the staffing levels with volunteers; and looking at their volunteer hours, it is difficult to believe the Board is getting the staffing that Harbor City's CEO committed to when he was given the concessions to the Agreement. Commissioner Higgs advised in December, 1996, the Board agreed to increase their payments for the 800 MHz radio which had been a commitment in the previous Agreement, but which they needed to change; there was an additional $13,500; and they also increased the December compensation. She stated when the Board signed the Agreement with Executive Director Cliff Cooper, he agreed to a 5% decrease every year, but when Mr. Abels came, they needed to renege on that Agreement. She stated in December, 1996, the Board also agreed to increase the wheelchair rate from $12 to $26 and gave them a $10 increase per run for blood-borne pathogens; in May, 1997, they got $1.00 per mile rate increase for ambulance user fees; she is concerned that frequently the Board has received amendments to the Agreement for increased funding needs; and she has difficulty understanding the commitment. She inquired if staff has documented evidence that they are achieving the staffing level with volunteers.

Mr. Parker advised he has been in conversations with Mr. Escoffery who has been in the process of developing a staffing report for the Board; perhaps he can comment on his review because there seems to be a difference of opinion if one medic and two EMTs was a requirement or a goal for the organization to attain. He stated he reviewed the minutes and listened to the tapes of that December, 1996 meeting; and Mr. Abels seemed to indicate he was looking for a change from the two medic requirement to one medic and two EMTs, and would staff the third EMT with a volunteer.

Commissioner Higgs stated she listened to that tape and feels confident that he was setting that as what the organization would do; looking at their staffing for March and their volunteer numbers, there were 1,845 volunteer hours; and if that is divided by the six stations, it would give 14.1 hours without the staffing level promised to the Board. She stated she agrees with the Viera Station, but the Board needs to get clarification from the Harbor City Board as to what it saw as its commitment and what it is doing in terms of staffing before looking at additional funding.

Chairman Voltz stated she has no problem making sure they get a raise because that needs to be addressed, but the Board keeps putting more money and more money into it. She noted perhaps financial restructuring needs to be done; and that is why she asked for separate motions.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize execution of the Third Amendment to Agreement with Harbor City Volunteer Ambulance Squad, increasing the contract amount by $15,000 a month for the Viera East Station. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, to direct the Public Safety Director to go to the Harbor City Volunteer Ambulance Squad Board of Directors for clarification of its understanding of the commitment made by Mr. Abels to the Board of County Commissioners, and what the status of the staffing per ambulance is.

Chairman Voltz inquired about time; with Commissioner Cook suggesting 60 days. Mr. Parker stated he will attend the next meeting of that board and make the inquiry at that time.

Mr. Escoffery advised the $62,500 to help fund salary increases is very reasonable; the starting salary for an EMT is $5.50, and for a paramedic it is $6.50 an hour; those are very low starting salaries; and they do a tremendous job in the community. He stated the Board should pass a motion now to support the increase of $62,500 they requested. He noted he understands the concerns about the level of service; he will put together a report to address those concerns; but they should be separate from the salary increases.

Commissioner Cook stated their salaries have been frozen for two years; and he is not adverse to moving forward with it at this time pending information coming back to the Board on the items Commissioner Higgs mentioned. Chairman Voltz stated there is no problem with the service and they do an outstanding job; however, the issue is financial responsibility; they need to address that and come back with answers; and she would not have a problem giving them the money after that. Commissioner Cook stated the Board could approve it now, subject to the report coming back on staffing levels; there is no debate that a raise is in order; it will be about 3%; they have been frozen for two years; and there is no reason not to approve it today. Commissioner Higgs stated over the last few years the Board has been consistently requested to give more money; in 1994, they signed a five-year Agreement and were going to do certain things on staffing, fees, and improve response time; and in 1996, that was not what they were doing. She stated in 1996 the Board changed the fees and the percentage they were supposed to be decreasing every year; so the Board needs to get some commitment from the Harbor City Board as to where it is on that and if they will honor the commitment made to the Board in December, 1996 regarding staffing and other things. She stated until the Board gets that report, it would not be right to provide any additional funding. Commissioner Cook stated he does not want to punish the employees because of a problem beyond their control; and there are things that need to be addressed, but the Board should approve the salary increases today and have a report on staffing levels and other questions answered.

Motion by Commissioner Cook, to approve $62,500 for Harbor City Volunteer Ambulance Squad salary increases. Motion died for lack of a second.

Chairman Voltz inquired what would happen if, after 60 days, the Board is not happy with the report, will it tell Harbor City it wants its money back; with Commissioner Cook responding it has the option to bid the contract when it comes up for renewal, but he is happy with the service and received no complaints.

Commissioner Scarborough seconded the original motion made by Commissioner Higgs to direct the Public Safety Director to get a report from the Harbor City Board on staffing levels, etc. Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Scarborough stated the salary increases could be made retroactively.

RESOLUTION AND INTERLOCAL AGREEMENT TO FORM GOVERNMENTAL UTILITY AUTHORITY WORKING GROUP, RE: ACQUISITION OF AVATAR UTILITIES

Chairman Voltz advised staff recommends the Board discuss and execute an interlocal agreement with Sarasota, Collier, Hillsborough, Lee, Osceola and Polk Counties to form a working group to investigate the feasibility of purchasing the Avatar Utility System.

Water Resources Director Richard Martens advised a year or two ago the County asked Avatar Holdings if it was interested in selling the Barefoot Bay Division of its utility system; they said they were not interested in selling any individual component of their holdings; and it was our opinion at the time that a contested acquisition of the utility system would probably result in an unacceptably high acquisition price. He stated other counties in the State have experienced similar dealings with Avatar; two years ago Chapter 163, the Interlocal Cooperation Act, was modified to allow the creation of a legally independent agency through an interlocal agreement; and Avatar Properties has since indicated to different individuals working on the acquisition process that it would be willing to sell its entire holdings to an entity created under Chapter 163. He noted the term they have been using is a "governmental utility authority"; and staff is requesting the Board to consider entering into an interlocal agreement with six other counties to create a working group to investigate and define the viability of acquiring all of the Avatar utilities by a governmental utility authority. Mr. Martens advised any action to form the governmental utility authority or to acquire the utilities would have to come back to the Board of County Commissioners here and in other counties for final execution. He stated Kevin Mulshine with Prager, McCarthy & Sealy, has been involved in the development of the concept and proposal, and is here to answer any questions the Board may have or explain in more detail the concepts that are being presented.

County Manager Tom Jenkins advised there is a high probability that the exercise will occur whether Brevard County joins or not; one of the key reasons to participate initially is to know what is going on and be part of the planning, cost analysis, etc.; and other counties will move forward to consider it with or without Brevard County.

Commissioner Cook expressed his support of moving forward to look into it; and stated it will come back to the Board, and the Board can decide whether or not it wants to be part of the group. Chairman Voltz stated she has no problem with looking into it.

Tom Mulhern advised of problems with sewage pipes in Barefoot Bay that are made of clay and are brittle and fragile; stated they must be installed on a bed which was not done because they are approximately 15 feet under ground and below the water table, and the ground was not tamped; so most of the pipes in Barefoot Bay are cracked and broken, causing leaks. He stated the maintenance people said they could repair the ones close to manholes, but that is all; so what is there are leaky sewer pipes. He gave water usage figures for May, June and July to irrigate the golf course with treated effluent, noting the decrease in the number of gallons used; stated Florida Cities Water Company pulled 16 million gallons of water from its wells; there is about 14 million gallons that do not reach the sewer plant; and what is there is a gigantic septic tank with leaky pipes. He stated when the rates were increased, Florida Cities Water said they completed a $5 million upgrade and needed to recover costs; he does not think Florida Cities Water was processing sewerage because it all leaked into the under ground and still is today; and he has the figures to prove it.

Chairman Voltz advised Mr. Martens will address those issue and what would happen if the County bought it if that is the case.

Commissioner Higgs advised if the Board approves the interlocal agreement today, its representative will meet with representatives from the other counties to explore the different aspects and financial arrangements to determine whether they are acceptable; it will be a significant undertaking financially by anyone to determine the arrangements, what kind of bonds, what responsibilities the County would have, etc. and entering into the agreement does not commit the County to anything other than to explore. She stated part of what has to be done is due diligence in terms of the system and engineering studies, so the County will not buy a pig-in-a-poke or a leaky system; and all those things would be explored prior to any commitment.

Mr. Mulhern stated Barefoot Bay is a private club and so are all the others Avatar Utilities services; and now they are asking the County to bail them out. Chairman Voltz stated that is not the issue, but a lot of Mr. Mulhern's questions will be answered in the forthcoming months. Commissioner Cook stated this is not a commitment, just a preliminary study to see if it is feasible.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution approving the interlocal agreement relating to the possible acquisition of certain water and wastewater utility facilities from Avatar; and execute the interlocal agreement with Sarasota, Collier, Hillsborough, Lee, Osceola and Polk Counties to form a governmental utilities authority working group to investigate the feasibility of purchasing the systems. Motion carried and ordered unanimously.

Chris Riesenbeck advised Mr. Mulhern spoke on the decrease in effluent water for the golf course, but at the same time that Florida Cities Water decreased that usage, it increased the usage to the sod farm by the same amount, so they are still using the same amount of effluent water but directing it to a different area.

CLARIFICATION, RE: CHECKS FROM THE INDIAN ASSOCIATION

County Manager Tom Jenkins advised the checks from the Indian Association states "fire victims" on the bottom; United Way has a fund for fire victims; and inquired if the checks should be sent to the United Way; with Chairman Voltz responding yes.

PUBLIC COMMENT - WARREN AUER, RE: WATER RATES

Warren Auer commended the Board on its astuteness and compassion for the citizens of Brevard County, including those in Barefoot Bay; stated he compared the basic facility rates and water and sewer rates charged in Barefoot Bay with those in Citrus and Marian Counties; and gave figures on the number of gallons used, the cost of the water for a year, and the base facility charges which would exceed $10 a year. He stated they are not paid interest on the $100 deposit, whereas Marian and Citrus Counties pay interest; and requested the Board consider in the future those who want to pay three months in advance be allowed to do so and the water company pay 2% of the 6 to 8% they would earn on the payments. He indicated the water company is holding $450,000 or more in deposits and is not paying one cent of interest; and the only way they would receive their deposit is to move or die and their heirs may not know about it. He stated if he can work with the Board on this issue, he would be glad to do so; and extended special thanks to Commissioner Higgs.

Commissioner Cook advised the Board does not set the water rates for Barefoot Bay, and objected to the Public Service Commission which instituted it a few years ago.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:38 p.m.

ATTEST:

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

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SANDY CRAWFORD, CLERK
(S E A L)