MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

May 12, 1998

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 12, 1998, at 9:02 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 Commissioner Randy O?Brien.

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

County Manager Tom Jenkins requested permission to reschedule the Road Transportation Workshop from July 9, to August 13, 1998. He stated the Financial Advisor, who is an integral part of the workshop, has a schedule conflict on July 9, 1998.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to reschedule the Road Transportation Workshop from July 9, to August 13, 1998. Motion carried and ordered unanimously.

Commissioner Scarborough stated at the last meeting, the Board discussed where to go with the East Central Florida Regional Planning Council; in a recent newspaper article former Congressman Jim Bacchus, who is now with the World Trade Organization in Geneva, Switzerland, indicated Orlando has a recognition that exceeds cities ten times its size, and should leverage this unnatural advantage with its natural advantages such as its international airport and nearby seaport to forge a reputation for international business trade, but the region will never make as much headway as it should unless it ends petty parochialism and effectively erases the boundaries between Orange and neighboring counties. He stated Mr. Bacchus advised development of a commercial space industry in Brevard County has not attracted enough attention and support from people west of the St. Johns River, and likewise State officials in Tallahassee have not fully realized the importance to the State of the more than $60 billion a year in international trade in Florida. He stated it is significant that Mr. Bacchus, while addressing an Orlando crowd, was directing them to look to the east; he requested Mr. Bacchus be invited to address the East Central Florida Regional Planning Council, but he will be in Geneva on the meeting date; and if the article can be used to direct Orange County and the greater East Central Florida area to understanding the significance of Brevard County, it will be wonderful for the County.

Commissioner Scarborough stated on June 15, 1998 he will be visiting Orlando?s Lineal Park; each Commissioner?s office has been contacted; and described the Lineal Park. He stated there will be buses going to the Park; and invited anyone who is interested to contact his office.

Commissioner O?Brien announced the Merritt Island High School Baseball Team is in the playoffs; and encouraged the public to cheer the team on as it tries to become State champions.

Commissioner Higgs distributed copies of the recommended rules from the Valkaria Area Residents Association regarding Valkaria Airport; and stated the issue will be discussed on May 19, 1998.

Commissioner Cook announced one of the Charter Review Commission appointees has resigned, and he will make a new appointment next week.

Commissioner Cook stated Commissioner O?Brien may want to enter a contest to win a car; however, he will have to change his long distance phone company; and displayed the form for the contest. He stated this is what Commissioner O?Brien was talking about at the last meeting; it looks inviting; but if someone reads the small print at the bottom, they will note they are changing their long distance carrier by entering the contest.

Chairman Voltz stated last week the Board discussed the CARL money and how the State cannot sell the land; however, the next day she read that a bill to sell environmental lands may face a court challenge. She stated it appears the State is going to sell some acreage it purchased in 1992 back to Walton County at $250 an acre for use as a town center site. She stated Preservation 2000 lands are being sold; so when the County accepts CARL money and the State takes over title, it can sell the land.

Commissioner Scarborough requested a copy of the article; with Chairman Voltz responding she will send copies to each Commissioner.

Commissioner O?Brien requested staff include in the Legislative Delegation package that titles should be shared by State and County to prevent that from occurring; and stated the County is sharing in the cost of the purchase, but the State is putting only its name on the title which gives it total control of the land. He stated everything should be open for change.

Chairman Voltz stated that was why she was amazed to see this in the newspaper last Wednesday that Preservation 2000 lands are being sold back to the counties; and the counties may end up selling the property to someone else.

County Manager Tom Jenkins stated there is a draft memorandum from the County Attorney?s staff addressing this issue; and the Board may wish to discuss it for the Legislative Package after reading the memorandum.

Chairman Voltz extended the Board?s condolences to the family and co-workers of Chief Deputy Property Appraiser Frank "Skip" Johns who passed away Monday night.

PRESENTATION, RE: PEN AND INK DRAWING FROM BREVARD COUNTY LIBRARY BOARD

Judy Collier, Chairman of the Brevard County Library Board, presented pen and ink drawings by Debbie Davis to each Commissioner in appreciation for the Board?s help.

Chairman Voltz stated the Commissioners get a picture every year; and she has pictures all over her office. Ms. Collier stated the drawings are a series; but if the Commissioners are running out of wall space, they can be passed on to other government agencies. Chairman Voltz stated the drawings are unique; and the Commissioners appreciate them.

Chairman Voltz read aloud a resolution proclaiming the month of May, 1998 as Older Americans Month.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the month of May, 1998 as Older Americans Month in recognition of the contributions of older citizens, and expressing appreciation for their active involvement in the community. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to a representative of the Senior Centers. Representatives of the Senior Centers expressed appreciation to the Board.

Chairman Voltz read aloud a resolution proclaiming June 15 through 19, 1998 as Code Enforcement Officers? Appreciation Week.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming June 15 through 19, 1998 as Code Enforcement Officers? Appreciation Week in appreciation for the dedication and outstanding service provided by the individuals who serve as Code Enforcement Officers. Motion carried and ordered unanimously.

Bobby Bowen, Code Enforcement Director, expressed appreciation to the Board. Chairman Voltz presented the Resolution to Mr. Bowen.

Commissioner Cook stated Code Enforcement Officers sometimes find themselves in situations which could jeopardize their personal safety; and a new law was passed last year which increased the penalty for assault and battery upon Code Enforcement Officers.

Commissioner O?Brien stated he was on the Code Enforcement Board for many years, and recognizes some of the officers present this morning.

Chairman Voltz read aloud a resolution proclaiming the month of May, 1998 as REACT Month.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the month of May, 1998 as REACT Month. Motion carried and ordered unanimously.

Walt Young, representing REACT, expressed appreciation to County Manager Tom Jenkins, Management Services Director Stockton Whitten, and Commissioner Higgs? staff. He stated Karen Power, Eric Power and Robert Bodine have been the backbone of the organization.

Mr. Bodine stated his team assisted victims in the Barefoot Bay tornado; and the Board?s recognition makes him proud.

Chairman Voltz read aloud a resolution proclaiming the week of June 1 through 7, 1998 as Brevard County Drug Court Week.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the week of June 1 through 7 each year as Brevard County Drug Court Week. Motion carried and ordered unanimously.

Court Alternatives Director Pat Bean expressed appreciation to the Board; and stated Drug Court is a dream come true, but could not have happened without the help of many people. She thanked Probation Manager Deborah Kirk and her pre-trial release staff; former Assistant County Manager Joan Madden; County Manager Tom Jenkins; the Court Alternatives staff and managers; Judge Tonya Rainwater; Drug Court Manager Leah Wynn, the Drug Court staff, and the Criminal Justice Partners; and the clients and their families; and advised of their contributions to the success of the program. She stated Drug Court and treatment work; and it is off to a great start.

Chairman Voltz stated the Resolution will be framed. She stated she has received positive feedback concerning this program and the need for expansion; and she would like to look at it at budget time.

Drug Court Manager Leah Wynn stated the credit goes to the Drug Court Team which gives its effort to the program on a daily basis; and introduced Kathy Gray, John Sander, Barbara Taylor, David Graham, Jackie Morgan, and Mary Johnson. She stated Joe Constantine, John Villano, Mark O?Donnell, Linda Millay, Joyce Dietz, and William Castaldi could not be present.

Chairman Voltz stated the Child Care Association presented the Board with plaques in recognition of the restoration of the Harry T. Moore Child Development Center.

Chairman Voltz stated a lot of people have thanked County Manager Tom Jenkins; he does a lot of things the Board does not realize he does; and expressed the Board?s appreciation.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to grant final engineering approval for The Plantation Subdivision, subject to minor engineering changes as applicable, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to grant final engineering approval for Sunset Ridge Subdivision, subject to minor engineering changes as applicable, and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to adopt Resolution releasing Contract with The Viera Company for Viera, Tract L, Phase I, Unit 2 for completion of all infrastructure improvements except sidewalks which are covered under a separate Contract and bond. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Amendment to Interlocal Agreement with the Tax Collector extending the term for Code Enforcement to locate and identify lawn care businesses, home repair, tree services, and vendors who do not hold a valid occupational license; and approve the Budget Change Request refunding $6,808 to the Tax Collector. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to acknowledge receipt of Ordinance No. 98-12 from City of West Melbourne annexing approximately 4.5 acres in Section 35, Township 27 South, Range 36 East. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Amendment to Contract with Kimley-Horn & Associates, Inc. for engineering services relating to the Dairy Road South Widening Project at $20,000. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve Budget Change Request allocating $13,000 from the Constitutional Gas Tax Reserve Fund for structural evaluation of the A. Max Brewer Memorial Causeway Bridge and Relief Bridges, and Mathers Bridge. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to grant permission to bid, award contract to the lowest responsible bidder, and authorize the Chairman to execute the Contract for the Spessard Holland Golf Course Restroom Renovation Project. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to authorize staff to negotiate and award Continuing Consulting Engineering Contracts with Camp, Dresser & McKee, Inc., Post, Buckley, Schuh & Jernigan, Inc., Bussen-Mayer Engineering Group, Inc., Creech Engineers, Inc. and BRPH, Inc. for Surface Water Improvement Projects. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve temporary closing of Eau Gallie Public Library during Phase 2 of the construction from mid-May to mid-August. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve the closure of all public libraries on July 4, 1998. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve contributions of $1,000 each to the City of Melbourne, City of Palm Bay, Port St. John Junior Chamber of Commerce, and Titusville Junior Chamber of Commerce for Fourth of July fireworks displays. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve termination of Contract with Mid Coast Contracting Corporation; approve Change Order No. 2 to Contract with Mid Coast Contracting Corporation decreasing Contract amount by $1,020; and authorize final payment to Washington International Insurance Company of $6,123.25 for the First Street Dock Parking Project. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Agreement with Titusville Police Athletic League, Inc. for reciprocal use of buses from July 1, 1998 through June 30, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Agreement with Titusville Police Athletic League, Inc. for use of the Odyssey 2000 Teen Dance Center at Searstown Mall in Titusville from June 8, 1998 through July 17, 1998. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Agreement to Amend and Extend Existing Contract with YMCA of Brevard County, Inc. for use of Titusville High School and Madison Middle School swimming pools through May 31, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to approve change of status of positions and Budget Change Request for two Staff Assistant II positions from temporary to part-time permanent for the Before and After Recreation Program at Audubon Elementary School. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Amendment to Agreement with Coastal Health Systems of Brevard, Inc. for Marchman and Baker Act transport services, extending the termination date and current rate of compensation to September 30, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Agreements with Brevard County Volunteer Fire Department-Station 22, Inc., Micco Volunteer Fire Department, Merritt Island Volunteer Fire Department, Four Communities Volunteer Fire Department, District Four Volunteer Fire Department, Canova Beach Volunteer Fire Department, Suntree/Viera Volunteer Fire Department, South Beaches Volunteer Fire Department, Grant Volunteer Fire Department, and West Melbourne Volunteer Fire Department for fire protection and rescue/emergency services within the unincorporated areas of Brevard County. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Agreement with Department of Labor and Employment Security for SCAT to provide transportation services for Vocational Rehabilitation from July 1, 1998 through June 30, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Agreement with the City of Palm Bay for "Beach Plus Bus" service from May 26 through August 7, 1998, excluding July 3, 1998, at $14,185.45. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Purchase of Service Agreement with Community Services Council of Brevard, Inc. for SCAT "Volunteer in Motion" Program in the amount of $70,000 from July 1, 1998 through June 30, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Amendment to Reclaimed Water Supply and Use Agreement with Harvey?s Groves dated August 2, 1994 to include irrigation of a second site. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to award Proposal #P-3-8-09, Meeting Planner Professional for Tourist Development Council, to Michelle Martindale at an annual retainer of $35,000 plus reimbursement of expenses, including but not limited to long distance telephone calls and travel; and authorize execution of an Agreement with Ms. Martindale for the service. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to acknowledge receipt of Citizens Annual Financial Report for Fiscal Year ended September 30, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to acknowledge receipt of Florida Inland Navigation District?s Financial Report for Fiscal Year ended September 30, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to appoint/reappoint Sandra Nixon Jones to the Community Action Agency Advisory Committee, Larry Garrison to the Health Facilities Authority, Stephanie Eley to the Meadowlane Community Library Board, and David Bogenreif to the Zoning Board of Adjustment. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider an ordinance granting economic development tax exemption for Alphatech Systems, Inc. She stated Alphatech is a small manufacturer employing 17 workers; it expects to add 12 new employees at $7.50 per hour; and it plans to acquire $986,000 worth of manufacturing equipment and related tangible personal property.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to adopt an Ordinance granting an economic development ad valorem exemption to Alphatech Systems, Inc., 2530 Kirby Avenue NE, Unit 305, Palm Bay, Florida 32905; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Alphatech Systems, Inc.; providing an effective date.

Commissioner Scarborough stated the Board has tried to bring in higher paying jobs; this is not at the average wage; and requested comment from staff.

County Manager Tom Jenkins stated he met with Lynda Weatherman and Chas Hoyman to discuss the issue; and the EDC is in the process of reviewing its criteria for the ranking and ratings; however, Ms. Weatherman points out there are approximately 10,000 individuals on welfare who are coming into the employment world, and these are the types of jobs they will be eligible for. He stated while the Board desires to create the higher paying jobs, there is also a need for entry level jobs; and Ms. Weatherman advises once a person takes an entry level job and gets into the system, he or she will have advancement opportunities as skills and knowledge increase.

Commissioner Scarborough stated he will vote against the motion as he has concerns; and the Board has identified the manufacturing industry for the exemptions, but there are other industries. He stated there is employment at this level in the service, tourist, and retail industries, but they do not receive the same break; and this is a fundamental breach with the concept of bringing in the jobs that could be in Seattle or Palo Alto. He stated these are wages that are similar to other industries which are not getting the same break; and until this is discussed, he has a problem with proceeding.

Commissioner Cook stated he understands the concern; however, this is a small manufacturer, and if it is successful, the wages will go up. He stated with the new welfare-to-work strategy, there is a finite time when a person can be on public assistance; and the Board wants to make jobs available for them to move to. He stated he supports the motion, and believes it meets the criteria of what the Board is working for.

Commissioner Higgs stated the Board should review the criteria, and has been asking for that for months; but the criteria has already been applied to this item. Economic Development Director Greg Lugar stated it is recommended at 85% rather than 100% for the abatement because of the lower wages. Commissioner Higgs stated the same criteria has been applied as has been applied consistently to all others; so she will support it; but she has repeatedly asked for a re-evaluation of the criteria. She stated she would be arbitrary if she did not support the motion because she has the others under the same criteria.

Commissioner Scarborough stated the criteria is faulty because the Board selected one industry; the tourist industry cannot find employees in the Central Florida area; and inquired why, if there are jobs at this level in other industries, is the Board subsidizing this industry. He stated it is fundamentally unfair; and the Board needs to understand what it is trying to do, which is to attract those industries that could go anywhere in the country, and not those that would normally end up in the County. He stated Brevard County is part of the larger tourist region which will absorb anyone who can work in the tourist service industry.

Commissioner Higgs stated a voter-approved referendum is being applied in this case that allow abatement of taxes, and it was for the manufacturing industry; so the Board does not have the option to expand at this point. Commissioner Scarborough stated the Board had the capacity to set the criteria; the people were only able to vote on what the Board gave them; and they were not given the option of choosing manufacturing. He stated the voters looked to the Board to set meaningful criteria; and it lacks meaning now. Commissioner Higgs reiterated her desire to reassess the criteria; but stated it should not be retroactively done when a business has met the criteria. Commissioner Scarborough stated he will vote for it today in deference to the Board, but will make a motion to agenda the issue in July to set a new criteria.

Chairman Voltz stated Alphatech will be spending almost a million dollars for manufacturing equipment along with the jobs; and a lot of the economic numbers are being driven by manufacturing, so this will boost the economy. She stated the 12 jobs are just the beginning; and a lot of the small manufacturers she once dealt with are now among the largest in the area.

Commissioner Scarborough stated the statistics will be reduced by this action as this is far below the average wages paid in the County.

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

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to place an examination of the criteria for economic development tax exemption on the Agenda in July, 1998.

Commissioner O?Brien stated the Board needs to review how it is doing this so there is fairness to those companies who make substantial investment and pay high wages versus those who continue to create the working poor. He stated he agrees there are unskilled people coming off welfare and going to work; and there were letters to the editor this morning concerning this subject. Commissioner Cook stated the Board is being unfair to Alphatech. Commissioner Scarborough stated he is not against the company, but the overall philosophy. Commissioner Cook stated this is a small manufacturing firm that is working to become successful in the marketplace; but he does not object to looking at the criteria. Commissioner O?Brien stated he owns a small manufacturing firm; if he was going to expand it even slightly, he would be the first to jump in line; and he understands small firms.

Commissioner Scarborough stated he recently had a discussion about whether there is a disincentive to come to the County due to the language, and was told the County is considered neutral. He stated if a company like AAA wanted to come in, it is not manufacturing, but may pay $12 an hour; and his problem is there are other people who put money into their businesses, who are good employers, and who may be paying more. He stated this is losing the significance in the way people voted for it because they envisioned high paying manufacturing jobs; these are not high paying jobs; and these wages could be easily exceeded in the service sector.

Chairman Voltz stated five or ten years from now Alphatech could be paying $27.50 an hour and expanding by $5 million; and the key is to start when the company is little. Commissioner Scarborough stated the application should show the potential to come back with higher wages later; and if that is there, he can support it. Chairman Voltz stated no one ever knows what they will be making in ten years. Commissioner Cook stated Apple Computer started in someone?s garage; and the Board has to be careful in dictating certain things because he wants to encourage start-up firms to be successful. He stated the County wants the firms to pay as much as possible, but sometimes start-up firms are strapped for cash, and cannot pay as much. Chairman Voltz noted Alphatech is spending almost a million dollars for manufacturing equipment. Commissioner Scarborough stated someone could build a drug store, spend a million dollars easily, and have employees; and a million dollars is not a major expenditure. Commissioner O?Brien stated one of the things that was not explored is the financial structure of the corporation; and explained the difference between C corporations and S corporations in terms of incentives to increase employee salaries. Commissioner Higgs stated there are plenty of corporations that start out under a variety of structures that are growing enterprises; how they are structured depends a lot on markets and ownership; and the Board should be careful about making global statements about the structure and where a business is going.

Chairman Voltz stated Lynda Weatherman is an expert in this area; and she can provide guidelines and criteria.

Commissioner Higgs stated the EDC does not want to change the criteria; she has been asking for it for some time; and she agrees with Commissioner Scarborough that there is a need to look at the criteria. County Manager Tom Jenkins stated the EDC has agreed to review the criteria. Commissioner Higgs stated at her recent meeting, they indicated they were not eager to do that; but they may have reassessed their position. Commissioner O?Brien stated the EDC is a caretaker of the public trust because they are funded by the Board. Commissioner Cook stated he is happy to look at the criteria; he is not that concerned about the wages; welfare to work will be a challenge; and the Board needs to look at providing jobs for people instead of welfare.

Chairman Voltz called for a vote on the motion to direct staff to place an examination of the criteria for economic development tax exemption on the Agenda in July, 1998. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider Notice of Intent to Issue Permit to Thomas M. Fortson, North Cypress Reserve Inc., for a mulching facility off Micco Road.

Clifton McClelland, representing North Cypress Reserve, Inc., stated Tom Fortson, President and Chief Executive Officer of North Cypress Reserve, is present; and advised of Mr. Fortson?s background. He stated they are applying for an operating permit for a mulch facility; and they submitted a series of exhibits to the Clerk and provided the Commissioners with copies of the exhibits. He stated the project is two and one-half miles from the nearest residence, and three and one-quarter miles from Barefoot Bay; it came to the Board initially on January 27, 1997; the Board refused to grant the CUP; the Court reversed the decision; and the Board subsequently granted the CUP. He displayed an environmental mulch; stated in South Brevard, during the 1920's and 1930's,

most of the cypress trees were cut down; there is a great demand in the market for cypress mulch; and outlined the composition of the environmental mulch. He stated this type of facility is encouraged under the State Land Use Plan Guidelines because it provides for 66% reduction in the waste stream; it provides a longer life for the landfill; and it is a viable recycled product.

Commissioner Scarborough stated the County has mulch facilities because it has green waste; Mr. McClelland addressed harvesting of trees; and inquired if North Cypress Reserve is involved in silviculture. Mr. McClelland responded no, the material comes in, and the facility cuts it up and wholesales it out. Commissioner Scarborough inquired if the applicant is chopping down trees; with Mr. McClelland responding absolutely not.

Les Solin, Certified Planner, representing North Cypress Reserve, advised of his background; and stated his presence is to reaffirm prior testimony that was entered into the record at the public hearing held on January 27, 1997 which confirmed that the mulching facility complies with the Brevard County Comprehensive Plan and Zoning Code. He stated he looked at environmental constraints, land use compatibility, public facilities, the character of the area, and hurricane evacuation capabilities; based on his review and the testimony of the Project Engineers, he concluded the mulching facility will be compatible with the general purpose and intent of the Zoning Code, and will not result in detrimental impact to surrounding properties; it will be compatible with the character of the surrounding properties; and its function and operational impacts will not be deleterious to the area.

Randy Mosby, Engineer, representing North Cypress Reserve, Inc., stated his firm obtained the site plan approval for the project, which was issued by staff on May 5, 1998; the project site is 3.6 acres located in the middle of 50-acres with a CUP that was approved in January, 1997; the entire piece of land is 350 acres; and it is approximately 3,000 feet north of Micco Road and due east of I-95. He stated noise and fire issues were reviewed during the permit process; and the project was approved by the Fire Marshal and the Solid Waste Management Department. He stated the facility will be surrounded by a moat on the north, east and west sides; and described the ditches. He stated the fire lanes and emergency procedures have all been worked out; there have been three reviews by the Fire Marshal; and they approved the fire protection plan. He stated the equipment will operate at approximately 85 decibels; the safe level for humans is 35 decibels in their bedrooms and 45 decibels in their kitchens; and at 45 feet from the equipment, the decibels will drop to 55 decibels, at 135 feet, it would drop to 45 decibels, and at 495 feet, it would be 33 decibels. He stated 495 feet from the equipment is within the property limits; so noise levels will be normal for human beings living in their residences at the property lines. He stated the operating plan complies with all County regulations and has no adverse effect on the environment or public health, safety and welfare. He stated the project has been delayed since January 27, 1997; and his client has incurred expenses in excess of $50,000 in trying to get final approval.

Ben Graham, resident of Barefoot Bay, stated he is concerned about the number of vehicles which will go in and out of the mulching pit daily; the loads could run as high as 40 tons per truck which could include tractor-trailers; the western four miles of Micco Road has no base and only two to four inches of asphalt; and there is a general deterioration of the road. He advised of a March, 1998 road analysis which indicates 194+ trucks daily, which would be approximately the number going in and out of the mulching pit, would require a minimum overlay thickness of three inches of asphalt at a cost of approximately $85,000 per mile, to prevent early road failure. He stated the taxpayers should not bear this cost; and the Board should not approve anything that would cause such deterioration of the road so soon. He advised of the public safety concerns with the narrow road, no paved shoulders, and deep ditches on both sides. He stated if the permit is granted, he would recommend a limit of trucks daily, all traffic be from Babcock Street, strict conditions be included in accordance with what the Fire Inspector deems necessary, and Code Enforcement issue citations for violation of any of the conditions. He recommended prior to a permit being issued for any project, all County departments be informed so there will be an opportunity for on-site inspections to see if there are any impacts to roads or communities.

Richard Higgins, resident of Barefoot Bay, stated Mr. Fortson?s revised operational concept is to truck clean wood to the plant, produce mulch, and truck away the unmulchable residue for disposal; the residents have concerns about public safety, destruction of the roads, and environmental pollution, which may be limited to noise and traffic pollution; and it is not solely a District 3 issue as it could happen anywhere in the County. He stated the Barefoot Bay residents use the borders of Micco Road as a pedestrian path for walking, jogging, and biking as well as a route to St. Luke?s Catholic Church; and it is unknown if the Golf Cart Ordinance will result in golf carts also using those borders. He expressed concern about the safety of the people when large timber trucks meet on the narrow road; and stated it is appropriate to take precautions to protect the people. He requested the CUP require all timber trucks to enter and leave the facility by way of Babcock Street; stated any commercial activity which causes damage or danger should regard the associated costs as a business expense; and Mr. Fortson should bear an appropriate share of the costs for damages to Micco Road. He stated Micco Road was not constructed to withstand heavy industrial traffic; cost of an upgrade would be at least one-half million dollars; and requested that requirement be added to the permit?s list of conditions. He advised of the condition of Micco Road and the dangers of heavy trucks riding in the middle of the road due to the washboard conditions. He noted the residents asked for police enforcement, but have not gotten it.

Mr. McClelland stated North Cypress Reserve does not control the trucks, but will ask the truck drivers to use Babcock Street. He stated it is their position that the Board has approved the zoning; the project fits within the zoning; and that consideration was involved with the zoning.

Hassan Kamal, BSE Consultants, stated they have been asked to look at the project from a traffic standpoint; based on the projected traffic count, the project does not adversely impact any levels of service for the roadways; and they are unable to find anything in the regulations that indicates they are not in full compliance with the County?s criteria.

Commissioner Scarborough inquired if Mr. Kamal has addressed the Board before on behalf of an applicant; with Mr. Kamal responding affirmatively. Commissioner Scarborough inquired if it is customary for Mr. Kamal to take the applicant?s position; with Mr. Kamal responding no, he evaluates the facts as he sees them, and the opinion is based on the evaluation. Commissioner Scarborough inquired if Mr. Kamal has ever addressed the Board and opposed a project; with Mr. Kamal responding he cannot recall a specific instance where that has happened. Commissioner Scarborough inquired how many times has Mr. Kamal addressed the Board; with Mr. Kamal responding approximately half a dozen times. Commissioner Scarborough inquired how much has Mr. Kamal been compensated to appear today; with Mr. Kamal responding there is a contract agreement with the client.

Commissioner Higgs inquired if Mr. Kamal has evaluated the engineering report about the condition of Micco Road; with Mr. Kamal responding yes. Commissioner Higgs inquired if Mr. Kamal finds the report to be in error; with Mr. Kamal advising the engineering report reflected some soil and paving borings that were done and tested onsite; and he has no reason to think Ardaman misrepresented what they found or reported incorrectly.

Public Works Director Henry Minneboo stated they sampled six locations on Micco Road beginning at I-95 and going east to U.S. 1; they did a complete structural analysis; and it indicated the road was built for vehicles only, and did not take into account truck traffic. He stated the figures have been scrutinized by his engineering staff, and he stands by them.

Commissioner Higgs stated the applicant?s attorney said they would consider a haul route only off of Babcock Road; and inquired about that haul route in relation to the Ardaman?s study. Mr. Minneboo stated they did not take into account that segment of road, and would like to do an analysis to determine the structural characteristics of the road. Commissioner Higgs inquired how much of the segment east of I-95 that was evaluated is involved; with Mr. Minneboo responding one of the first borings was just east of the overpass, and it progressed in even increments to U.S. 1. Commissioner Higgs stated part of the segment that has been evaluated includes that segment that will be traveled; with Mr. Minneboo agreeing.

Commissioner Cook inquired is this a public road; with Mr. Minneboo responding yes. Commissioner Cook inquired if it allows for truck traffic; with Mr. Minneboo responding yes. Commissioner Cook inquired if noise has been taken into consideration; with Mr. McClelland responding noise has been

taken into consideration, and engineering tests indicated the noise will not exceed that which is permitted by the County in the CUP. Commissioner Cook inquired how close is the nearest residence; with Mr. McClelland responding two and one-half miles, and the noise level will be met at the applicant?s property line.

Commissioner O?Brien inquired how strongly does Mr. McClelland feel that the noise will not go beyond his property. Mr. McClelland responded that has been granted in the CUP; and the applicant is committed to that as part of the operation of the project. Commissioner O?Brien inquired if Mr. McClelland would be willing to put up a noise monitoring device that would sound a warning if the decibel levels went beyond the limit; with Mr. McClelland responding he would need to confer with his client concerning the cost of such a device. Commissioner O?Brien stated if the noise carries far, it can be a disturbance to those around it; and the Noise Ordinance allows it to 10:00 p.m. seven nights a week. Mr. McClelland stated the CUP allows the noise from sunrise to sunset, and they have agreed to stop at 7:00 p.m. Commissioner Higgs inquired if Mr. McClelland would be willing to amend the conditions of the permit to put 7:00 p.m.; with Mr. McClelland responding yes.

Commissioner Scarborough stated the estimated cost of the road is one-half million dollars; with Mr. Minneboo advising that only took into account from I-95 to U.S. 1. Commissioner Scarborough stated the County did get some money for use of a road from the individual who is taking the cars off the railroad track at Tico Airport; and inquired if there was any discussion with the applicant; with Mr. Minneboo responding there has been no discussion about participation in the program. Commissioner Scarborough inquired if the applicant is willing to come forward with approximately a quarter million dollars. Mr. McClelland responded that would be illegal extraction; the trips already exist on the road; most are in South Palm Bay and are on arterial and collector roads; it costs more for trips on arterials and collectors; most of the trips go to I-95 or Malabar Road; and the County is spending $2.5 to $3 million a mile to improve those roads. Commissioner Scarborough advised of an incident in North Brevard where the individuals participated in the upgrading of a road; and the County got State money to pay the balance. He stated he is sorry if he is out of line, but there are taxpayers that will have to pay a half million dollars to make the road better and bigger because North Cypress Reserve is bringing trucks on it. Chairman Voltz inquired if the individuals came to the County; with Commissioner Scarborough advising of the details of the arrangement. Mr. McClelland stated the traffic projection is 26 trucks per day; they are bringing in land clearing debris and taking out the mulch; those trucks are lighter than the fruit trucks that already use that road; and in Commissioner Scarborough?s example a new series of trips was being generated. Mr. McClelland stated the trips are taking place right now; the roads are funded with gas taxes; those people pay gas taxes; and the road has additional capacity. He reiterated the trips are lighter vehicles than the quarry and fruit trucks already on the road; and there is a legal and conceptual problem with imposing this kind of problem on a landowner. Commissioner Scarborough requested a legal opinion. County Attorney Scott Knox stated Mr. McClelland has a point; in this context, it would be inappropriate to impose that kind of an extraction; and the only way to do this legitimately is to do a special assessment project, if the Board can prove through engineering data that there is a special benefit accruing to this piece of property or any other piece of property on that road that is causing an impact.

Commissioner Higgs stated she has difficulty voting for a permit that is going to have the impact that has been indicated; and the Board needs to get additional engineering data from Babcock Street to the site prior to approving the permit. She stated the Board needs additional research in regard to the position the Board can take when knowingly moving forward on a permit that will have negative impacts on a public facility; it needs an enhanced legal opinion on the issue of the special assessment; if the Board chooses to go forward, it needs to look at four or five different things that have been pointed out; but she is not in favor of going forward until those two items are in hand.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing to consider Notice of Intent to Issue Permit to Thomas M. Fortson, North Cypress Reserve, Inc. for mulching facility off Micco Road to July 7, 1998.

Commissioner Cook stated this should be expedited.

Chairman Voltz stated the Board turned down the CUP and it was overturned in court; and she does not want the Board to have any more legal fees over this issue. She inquired if the continuance will be a problem to the applicant; with Mr. McClelland responding yes, it will. Mr. McClelland stated it will be a two-month delay before it comes back before the Board which imposes a hardship on the applicant. Commissioner Cook inquired about a commitment to use Babcock Road as the haul route; with Commissioner Higgs responding it helps, but the study started just to the west of the I-95 ramp, and she is not certain of the distance between that and the project. She stated the Babcock route is better than all the way down Micco Road, but it would not be responsible for the Board to proceed without the engineering data and enhanced legal opinion.

Commissioner Cook stated the zoning is correct; they already have the CUP; this has been litigated once and the Board?s action was overturned; it is two and one-half miles from the nearest residence; it is a public road where trucks are not excluded; and trucks are already traveling the road. He stated the applicant has met the requirements of the Code; it would be improper to extract something from the applicant for use of a public road; and if the road is not up to standards, that is a problem for the County, not the applicant.

Commissioner Scarborough stated there are methodologies as indicated by the County Attorney; Commissioner Higgs is looking for additional cost factors; and if two months is too long, there is a meeting in one week. He stated every half-million dollars delays something for some other area of the County.

Commissioner Cook stated if he owned a piece of commercial property on a dedicated County road and was going to use the road in the same manner as everyone else, he would not expect to be assessed; and fruit trucks are using the road and not being assessed. Commissioner Higgs stated there are weight limits on roads. Chairman Voltz stated the mulch trucks are lighter than the fruit trucks, and the fruit trucks are not limited. Commissioner Higgs stated the intensity of the usage, the knowledge the Board now has, and the information makes a difference to where the County was

in the past. Commissioner Cook stated he was most concerned about the noise, but that will not be a problem for residents; he understands there is an impact to the road, but the property is zoned for the particular use; and expressed concern about the fairness issue. He inquired if it is possible to bring the issue back in one week. Mr. Minneboo advised there is no way to get the structural work in that time frame. Commissioner Scarborough suggested continuing it to the Zoning meeting on May 21, 1998. Mr. Minneboo stated he needs every day he can get; and advised of the difficulty in scheduling. Chairman Voltz stated if the County is going to zone property and issue a CUP, the County should not make the applicants pay for the roads as it is the County?s responsibility.

Mr. Knox advised he can have an enhanced legal opinion within one week; but what it will say is if the Board wants to consider this, it needs to consider it in a different forum than the permitting forum; and outlined the special assessment program process. He stated that will give the engineering staff time to put together information on whether a special assessment can be imposed; and there may be other alternatives.

Chairman Voltz stated this is not within the realm of the permit issue. Mr. Knox stated if the Board is going to impose a special assessment, it is necessary to have an engineering report to support that, and it is not before the Board today.

Commissioner Scarborough stated the Board has required bonds; there are all kinds of commercial activities; some require heavy trucking, but some do not; and the case on Tico Road never came before the Board because those people realized what could happen to the road, and were willing to participate in covering the impact. He stated limited resources of the public have to come into play; and if someone wants to do a borrow pit, the County requires a bond for road repair.

Chairman Voltz inquired if that was done for the borrow pit on Micco Road; with Mr. Minneboo responding there are two or three locations with borrow pits, and the County has required bonds.

Commissioner Cook suggested continuing the issue to the Zoning meeting. Commissioner Scarborough accepted the amendment to the motion. Commissioner Higgs stated she does not want to be unfair to anyone, including the majority of the taxpaying citizens who also want to use this road; and there are clear impacts that have been documented. She stated other issues include a daily limit on the permit for number of trucks, the Babcock corridor as the haul route, and an enforcement plan. She advised in line 9 it should be unprocessable, not unprocessed; and on number 4, there should be quarterly inspections. She requested Public Works provide additional information on the bond on the road and a suggested appropriate size for the bond in this case.

Chairman Voltz stated Mr. Minneboo mentioned there will be 26 trucks per day, round trip; and inquired if that will affect anything.

Chairman Voltz called for a vote on the motion to continue the public hearing to consider Notice of Intent to Issue Permit to Thomas M. Fortson, North Cypress Reserve, Inc. for mulching facility off Micco Road to May 21, 1998 Zoning meeting. Motion carried and ordered unanimously.

The meeting recessed at 10:37 a.m. and reconvened at 10:47 a.m.

Chairman Voltz called for the public hearing to consider a request for sewer service area expansion for South Shores Utility Association.

Ed Fleis, representing South Shores Utility Association, stated Bryan Sculthorp, Vice President of the South Shores Utility Association and developer of South Shores, is also present. He stated the request before the Board is an expansion of the sewer service area for the South Shores Sewage Treatment facility; it has been submitted in accordance with the criteria of Policy 3.11 of the Sanitary Sewer Element of the Comprehensive Plan; and it is also being filed in conjunction with an application to amend a vested site plan for property immediately north and contiguous to this site, which is referred to as Indian Landing. He stated the engineering design for that project calls for an onsite sewage treatment plant and a water treatment plant; and the request is to expand the service area to include that 46-acre site. He noted there is also a small parcel in between which has a church and a duplex on it, and another part of the northwest part of the site, which is Villas at Sunset Point, will be part of the service area. He displayed a map, and pointed out the various properties involved. He stated Policy 3.11 states a private treatment facility should become available to adjacent properties if the capacity is available through a deintensification of development of the site for which the plant was constructed; and in the case of South Shores, there is a 100,000 gallon per day plant for a 350-unit project, and the final design calls for 166 units. He stated there has been a substantial reduction, and it is more than the projected units that would come into the service area for the treatment facility; and outlined the development plan. He stated the plant is being operated under sound fiscal management policies; but the report indicates some deficits which reflect loans from the developer who is initially funding the deficits and operating expenditures as well as the capital improvements. He stated the deficits and past and future capital improvements are paid through a $2,500 connection fee for water and sewer, paid by the developer/builder to the Utility Association as each new house is being provided service; and the funds coming in will pay for deficits and capital improvements, and provide reserves at the end of the five-year period. He stated the South Shores Utility Association is a non-profit corporation which is exempt from the Public Service Commission; the water and sewer rates set by the Association are lower than those established by the PSC for Aquarina; and the rates will be applied uniformly throughout the service area. He stated the membership of the Association is comprised of the lot owners within the service area; it is one lot/one vote; and as others are included they will come into the Association on the same basis. He requested consideration of expansion of the service area; and stated Bryan Sculthorp is present to respond to questions.

Wallace Harrison, President of the Sea Dunes Homeowners Association, stated he objects to the expansion of the service area of the South Shores Sewage Treatment Plant because it infers the plant at Indialantic will not be built. He stated Mr. Fleis indicated Indian Landing, Sunset Point and South Shores will be served by the South Shore facility; that leaves his area out; in his area the people use septic tanks now, and there are problems; and they would like to have the facility approved for Indian Landing built so they can tie into that facility. He stated the Association objects to the changes in the proposed site plan for Indian Landing as they refer to the sewage treatment plant. He requested everyone from Sea Dunes and Sunset Point stand; with approximately nine individuals responding.

David Pavone, representing Sea Dunes/Sunset Point Homeowners Association, stated the issue before the Board today is the expansion of the service area of the water plant, but Mr. Fleis indicated it is related to the development of Indian Landing; and they object to the expansion of the service area of the plant and to Indian Landing. He advised of contacts with the residents in the surrounding communities; and stated he found no one who favored the development. He stated most people were appalled to find out that the property could be legally developed in a way that violates current density standards; his community was established in the late 1950's; and several of his neighbors have lived in their homes for more than 30 years. He stated every person was shocked to learn of the existence of the project; he purchased his home with the understanding the area was covered by the Comprehensive Plan, and would be developed at one unit per acre; but now practically anything can be built anywhere because of vested rights. He stated over the past two years there have been requests for small concessions; and this is what is happening today. He stated the concession to allow the expansion of the service area is only the first request related to Indian Landing; and it will come back again and again for small concessions which cumulatively will result in a development the people cannot live with. He stated Florida Statute 163 specifically precludes the systematic filing of a lot of small amendments that cumulatively result in a larger result by an individual land owner; this is the strategy used by South Shores, and is the one that will be used in Indian Landing; and the applicant is so sure the request will be granted that he has already developed a site plan showing 28 homes where the sewer/water plant was going to be located. Mr. Pavone stated what this really comes down to is a few million dollars more profit to the South Shores community; deleting the plant will save them a great deal of money; being able to sell the 28 town homes will result in higher revenue; but it is not in the best interest of the rest of the citizens of Brevard. He stated Section 110 of the Brevard County Code provides that private water/sewer systems are a bad idea, and that the expansion of an existing system can only be approved after the County formally denies connection to a public system; and requested the Board deny the request for expansion of the service area on the basis that the development of the property is based on vested rights which is not in the public?s best interest. He stated part of the justification for the permission to build the community is based on the assertion by the builder that it is compatible with the surrounding area, but it is incompatible with the area.

Debra Willman stated the financial statement shows it is already operating at a deficit; and questioned the payment to Floridron.

Bryan Sculthorp submitted an exhibit of anticipated income and expenditures for the next five years; and stated it is expected to run at a deficit until it reaches a critical number of users in the system; and the deficit is being funded by hookup fees to the system. He stated it is anticipated that income will include hookups from South Shores and Indian Landing, which will produce income for capital expenditure of $541,000; and the anticipated expenditure shows the money will be spent to improve the current water and wastewater plant, and to pay off any operating deficit. He stated the reason there are loans to the Utility Association is because no bank would loan money to the Association; it is being repaid from hookup fees; and it will be self-financing and will produce a capital surplus at

the end of five years of approximately $130,000. He stated this was presented at the Annual General Meeting of the Utility Association, and it was approved unanimously.

Commissioner O?Brien inquired what is driving the deficit operation; with Mr. Sculthorp responded currently there are 70 users to a system that can accommodate 350 users. Commissioner O?Brien inquired about other expenses that may be driving the issue; with Mr. Sculthorp responding all other expenditures are normal for this type of operation. Commissioner O?Brien inquired how high is the payroll; with Mr. Sculthorp responding there are no employees; there is an operator who looks after the plant and equipment whose salary is $2,200 a month; and he does not have any income from the Association. Mr. Sculthorp stated a management fee of $300 a month is charged for processing all of the billing and looking after the management of the Association; and that has been approved by the members. Commissioner O?Brien inquired if the members are the customers; with Mr. Sculthorp responding affirmatively. Mr. Sculthorp advised this is a not-for-profit homeowners association; and explained how they got the exemption from the PSC. He advised the plant and equipment have already been passed over from Floridron to the Utility Association in December 31, 1997; and the $90,000 shown in the Financial Statement reflects upgrades to equipment. Commissioner O?Brien inquired if Mr. Sculthorp was elected by the Association; with Mr. Sculthorp responding yes, he lives in South Shores. Mr. Sculthorp stated it is one person/one vote; as they own the empty lots within South Shores, they still have the majority of the votes; but that will change within six months; and everything so far has been approved by the users. Commissioner O?Brien commented on non-profit organizations. Mr. Sculthorp stated all of existing users of the system are happy with the situation because they have never been asked to contribute to the improvement of the plant and equipment; and all of the money is coming from hookup fees from new houses within the system.

Commissioner Scarborough stated a four-year income and expense statement has been provided; deficits in cash flow could be covered up; and inquired if there is any additional data on an annual basis. Mr. Sculthorp stated since January 1, 1998, 28 homes have been hooked up to the system; and another 13 will be hooked up this year. Commissioner Scarborough reviewed the figures, and stated some of the items cannot be identified to a given year. He stated there has been recent discussion about changing the Comprehensive Plan; the staff proposed favoring package plants; the Board raised a lot of questions; and it will come back to the Board. He inquired if the plant in question would take expenditure from the Enterprise Fund to bring it up to County standards. Water Resources Director Dick Martens stated several years ago, the plant was in good physical condition and there was no need for significant repair work; however there are always operational expenses. Mr. Sculthorp advised since the first of this year the loan from Floridron has been reduced from $166,000 to $88,000 from hookup fees. Mr. Martens stated staff has made a cursory review of the financial statement; the plant has been operating for some time at a very low customer base; and it is not surprising that there has been a revenue deficit. He noted there are currently 70 customers; and when staff first looked at it there were half a dozen customers.

Commissioner Higgs stated she met with the citizens, Mr. Fleis and Mr. Sculthorp; the PSC will not set the rates for this utility because of the ownership being in the hands of the cooperative; and there are a number of situations where that exists in the County. She stated she wanted information from

the PSC concerning the amount of carryover to the new development, how the PSC looks at investment, and those kinds of issues; and this is the first of two public hearings; and no decision will be made today. Mr. Martens stated the second hearing will be on May 19, 1998. Commissioner Higgs stated at the second hearing, the Board will also hear of the vested rights determination and the amendment to the vested site plan.

Mr. Sculthorp stated the people from Sea Dunes imply they want to be connected to the system; this is the first he has heard of it; and he would be happy to meet with them to explore the possibility.

Commissioner Higgs stated the residents have a number of concerns; and encouraged discussion before it comes back to the Board to see if any issues can be resolved. Mr. Sculthorp indicated willingness to meet with the residents. Commissioner Higgs requested staff explain the issue on the vesting of the site plan versus the Comprehensive Plan at the one unit per acre. Planning Manager Mel Scott advised the Board may consider the vested rights application at the May 19, 1998 meeting; the site plan that is being discussed was vested; they entered the system on January 19, 1993, prior to amendment to the Comprehensive Plan which was part of 92B; and on May 19, 1998, after the Board hears the request to expand the sewer service area, it could entertain the amendment to the vested site plan. Commissioner Higgs inquired if today someone could vest a site plan, and does it expire in three years. Mr. Scott stated the site plan which the Board may entertain next week is current; and there have been more than seven amendments to the site plan which have kept it active. Commissioner Higgs inquired if now a site plan would have a life of three years, after which it would expire; with Ms. Busacca responding that is correct.

Discussion ensued on whether further action is needed; with Mr. Martens advising the second hearing is advertised for May 19,1998.

Chairman Voltz called for the public hearing to consider an ordinance amending the Sign Ordinance.

Commissioner Cook stated the changes were previously discussed by the Board.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt an Ordinance amending Chapter 62, Article IX, Code of Ordinances of Brevard County, Florida pertaining to signs; specifically amending Section 62-3301 providing definitions for building frontage, building double frontage, portable sign, special event sign, and temporary sign; amending Section 62-3304 relating to nonconforming signs; amending Section 62-3306 relating to permits generally; amending Section 62-3316 relating to on-premises signs, providing for severability, conflicting provisions, and providing for an effective date. Motion carried and ordered unanimously.

Commissioner Scarborough stated the North Brevard Beautification Commission and others have inquired when something more comprehensive will come forward; with Land Development Specialist Gwen Heller responding it will be in approximately 90 days.

Chairman Voltz called for the public hearing to consider updates to the Comprehensive Plan Surface Water and Recreation and Open Space Elements.

Commissioner Cook read aloud the new language for Policy 4.11 of the Surface Water Element; and inquired if it is possible to identify all point and non-point sources, and will the County have any exposure if it cannot identify them all. Drainage and Surface Water Director Ron Jones responded the item involves mapping the stormwater system and doing field kit type test samples at the end of the stormwater outfalls to the receiving water body; it is associated with the ongoing program; and the language change is more consistent with what the program is currently doing.

Commissioner Higgs inquired if staff will still do water quality monitoring; with Mr. Jones responding yes. Commissioner Higgs inquired why that language was taken out; with Mr. Jones responding there are references to water quality monitoring throughout the Element, and it will not have a significant impact in terms of removing a water quality monitoring program.

Commissioner O?Brien inquired how many different organizations take water quality samples from the Indian River; with Mr. Jones responding in the past year and one-half the Surface Water Improvement staff has worked closely with the Department of Environmental Protection, St. Johns River Water Management District, Marine Resources Council, Indian River County, and Volusia County to have one comprehensive water quality monitoring program. Commissioner O?Brien stated he knew various agencies were taking samples, and wondered if the agencies were coordinated; and encouraged partnership with other agencies to cut costs. Mr. Jones stated the effort staff undertook with the agencies was to reduce the duplication of effort; and if the Board desires, staff can look at privatizing the function; but the current monitoring program is cost effective in terms of the product it provides in comparison to the past program.

Chairman Voltz stated BCC and FIT do some sort of water monitoring. Mr. Jones stated BCC and FIT operate a student-oriented monitoring program.

Commissioner O?Brien stated he was not implying that staff was not doing its best to keep costs down; his concern was the duplication of efforts; and inquired if the County could make a formal request to other agencies, including BCC and FIT, to determine what efforts are being duplicated and what can be done to save money.

Chairman Voltz stated BCC and FIT do water quality monitoring for free; they do it for research; and if the County could use that information or add to their list of items they do, it may be cheaper for everyone.

Commissioner Higgs stated the County is doing most of the professional water quality monitoring; and inquired if DEP does the shellfish areas. Mr. Jones advised DEP does sample outfalls associated with the harvesting areas for shellfish; DEP, St. Johns River Water Management District, Volusia County, Indian River County, and Brevard County all participate in the Ambient Surface Water Quality Monitoring Program which gives an indication of the health of the Lagoon system; the Surface Water Improvement Program also works on looking at different outfall loadings and pollutants; so it is not separate programs, but a coordinated effort. He stated staff would not be opposed to looking at additional mechanisms to provide that information.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct the County Manager to instruct staff to look at creating a combined effort between DEP, St. Johns River Water Management District, MRC, BCC, FIT, UCF, Patrick Air Force Base, Indian River County, and Brevard County for water quality monitoring to reduce overall costs to the taxpayers. Motion carried and ordered unanimously.

Commissioner Cook inquired about the difference between "will identify" and "shall continue" water quality monitoring and mapping program, and will changing to "will identify" will create a new mandate. Mr. Jones stated it was not the intent of the change to create a new mandate; and a better choice of words might be "will continue to identify and map point and non-point." He noted the existing language was acceptable, but staff was cleaning up the verbiage. Commissioner Higgs advised she favors the old language; with Commissioner Cook agreeing. County Attorney Scott Knox advised the better language would be "will continue to identify" because it is more consistent with what was taken out.

Motion by Cook, to approve "will continue to identify."

Commissioner O?Brien advised that is the old language. Chairman Voltz stated it is, "Brevard County will continue to identify and map point and non-point sources of pollution." Commissioner Higgs reiterated she prefers the previous language. Commissioner Cook stated it meets the requirement that the County will continue to identify and map point and non-point sources of pollution within the Indian River Lagoon System; and while he is not worried about how the County will interpret it, he is worried about how someone else will interpret it.

Commissioner O?Brien inquired what is a non-point source of pollution; with Mr. Jones responding a point source would be a discharge such as a wastewater treatment plant or industrial discharge; and a non-point source would be discharge from stormwater management facilities.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to change the language on page 16, Policy 4.11, to read, "Brevard County will continue to identify and map point and non-point sources of pollution." Motion carried and ordered unanimously.

Commissioner Cook stated under I, it says mosquito control impoundment shall be managed in a manner that avoids adverse impacts to water quality of receiving bodies; and inquired if that is something that is done currently or will it create an added burden on staff. Mr. Jones responded the intent of the language has nothing to do with Mosquito Control; on some of the impoundment reconnection projects, the manner in which they are operated can have an adverse impact if the discharge of fresh water happens over too short a period of time; but it would not impact operation of the Mosquito Control impoundments. Commissioner Cook inquired if that is done now; with Mr. Jones responding affirmatively.

Commissioner Higgs stated on page 3 of the Surface Water Element in the fourth paragraph there is reference to Objective 4, but the concept is not contained within Objective 4. Mr. Jones stated it was a portion of the entire directive section; and throughout the Plan, directives have been deleted as part of the revision process. Commissioner Higgs stated it says, "channelization, dredging and impoundment of natural water bodies shall be prohibited"; and it is not under Objective 4. Mr. Jones advised he will research that item. Commissioner Higgs stated the same thing occurs on page 4 where it says, "Brevard County should support ongoing efforts by the State and federal agencies to control or retrofit existing canals. A program to lessen water quality degradation within the Lagoon by retrofitting . . . ."; it says it is in 4.2, but when she read Policy 4.2, it does not have that; and she wants to be sure it is being covered. Mr. Jones stated the language that was changed references the director; 4.2 has not been changed; and Commissioner Higgs? concern would be that the directive is being renewed. Commissioner Higgs requested an explanation of Policy 4.7, "Brevard County shall assess the effectiveness of the Florida Department of Environmental Protection local program on at least an annual basis." Mr. Jones noted staff?s concern about taking that out; and stated the assessment relates to the monitoring program and the permitting. Commissioner Higgs stated she would be happy to participate in assessment of DEP; but if the County is not really going to do that, there is no reason to have it in the Plan. Mr. Jones stated staff would have no problem removing that language.

Commissioner O?Brien stated three groups have gotten together and are suing the federal government for lack of action by the Environmental Protection Agency on the Everglades; if the language is included, the Board could set a specific time for the assessment to be done each year; but if it takes out the language, what happened in South Florida could happen in Brevard County.

Commissioner O?Brien stated he would like to work on the review as, there is some seriousness. Commissioner Higgs stated there is a lot of seriousness; she is not impressed with the effectiveness of the Department of Environmental Protection in improving the water quality of the Indian River Lagoon; and she would be happy to evaluate them. She stated the Board can leave the language like it is if it is going to do it; with Commissioner O?Brien suggesting it be more specific in terms of setting a month each year when it will be done. Commissioner Cook stated it is not necessary to have that in the Comprehensive Plan; but it is fine to bring it up every year. Commissioner O?Brien stated the quality of the Indian River is important enough to the Board that it should look at the DEP program for the river to determine if it is effective; if it has not been, the Board should be notified; and without having something specific, it will be done when staff gets around to it. Commissioner Cook stated the Board should not muck up the Comprehensive Plan with a bunch of dates which may or not be attainable; he supports looking at it each January; but staff has been trying to streamline the Plan to make it more readable. Commissioner O?Brien suggested making it a policy of the Board to review in January. Chairman Voltz stated that would be fine.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to approve a Board policy that each January, staff shall notify the Board in accordance with Policy 4.79 of the Surface Water Element, to assess the effectiveness of the Florida Department of Environmental Protection and its local programs for the Indian and Banana Rivers. Motion carried and ordered unanimously.

Commissioner O?Brien stated the Board appoints Commissioner Higgs to be sure the assessment is done; with Commissioner Higgs responding she will be happy to do so.

Commissioner Higgs stated she would like to have the amendments to the Comprehensive Plan all come back so the Board can incorporate those directives unless the Board wants to approve it with the directives incorporated. Chairman Voltz stated she sees no reason to have it come back. Commissioner Scarborough stated he would like it to come back.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to continue the public hearing to consider approval of updates to the Comprehensive Plan Surface Water and Recreation and Open Space Elements to July 14, 1998. Motion carried and ordered unanimously.

Commissioner Higgs inquired if the Board is going to talk about the other elements; with Chairman Voltz advising the whole thing will come back.

Chairman Voltz called for the public hearing to consider a resolution confirming Special Assessment roll for Brookside Drive/Puesta Del Sol Dredging MSBU.

There being no objections, motion was made by Commissioner Cook, seconded by Commissioner O?Brien, to adopt Resolution confirming the Preliminary Assessment Roll for Brookside Drive/Puesta Del Sol Dredging Municipal Service Benefit Unit.

Commissioner O?Brien stated the dredging of the canals is healthy for the life of the Indian River and the manatees. Chairman Voltz stated in this case it is important for the life and safety of the people who live there.

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

Environmental Services Administrator Stephen Peffer stated last week Walter Pine addressed the Board on this issue; and at the Board?s direction, he has provided additional information. He stated this year the Florida Legislature appropriated $1 million for the study of harmful algal blooms; it is impossible to know at this time how much money might be spent in Brevard County or the Indian River Lagoon; he anticipates after the bill becomes law, Florida Department of Environmental Protection will develop a plan of study; and within the next month or two he will know more about how the money will be appropriated.

Walter Pine submitted a draft letter with eight specific comments the Board may wish to send to the Governor regarding the harmful algal bloom. He stated worldwide there are 100 species of algae identified; 37 have already been found in Florida; and the Florida Marine Research Institute, which is the only State-funded research facility, is only capable of processing two samples a day. He stated with the $400,000 from the federal government, that will increase from two samples to four samples a day; and the $1 million the State is putting forth for studies may not have a significant impact as he would like it to have. He stated Dr. Richard Weisman of Florida Poison Control commented right now no one has been identified as having been made sick by those organisms, but the potential for a harmful or fatal bloom is present, and the State does not have the ability to respond to it. He stated Dr. Fleming at the University of Miami advises the toxins remain viable for a long period of time; if a bloom occurs with small fish kill but no one is there to see it, a small child swimming there six months later can become ill from it; and at present no one at the State level is researching this, although since the occurrence in St. Lucie, funds have been diverted from other areas. He requested the Board write a letter to the Governor seeking support for the Brevard County area, and requesting the following: (1) standardized water and benthos sampling and testing Statewide for all State agencies; (2) practice salinity level maintenance at the same time water level is controlled by locks, levies or other drainage methods; (3) distribute and use the computer program "Florida?s Marine Resource Information System" to all research agencies , DEP, or any office that may be involved in the gathering of data valuable to researchers; (4) require law enforcement and animal control to document and report all fish and bird kills with multiple victims; (5) require commercial fishermen to be professionally licensed and trained in recognition, collection, and sampling methods and make reporting of fish kills and blooms required under the professional license; (6) establish a permanent 1-800 wildlife hotline for the reporting of blooms, fish kills, bird kills, manatee deaths, etc. and print the number on future hunting and fishing licenses; (7) require all researchers that receive State funds to share raw data as it is produced not when it is published, at a minimum with other researchers, and require information to be shared as it is drawn from the raw data; and (8) train Marine Patrol Officers on proper sampling methods and require them to take samples when a bloom or kill is found.

Commissioner Scarborough inquired about broader tests; with Mr. Pine advising of difficulties in identifying organisms and development of molecular probes which will make testing easier. Commissioner Scarborough stated the test would indicate there is an organism present, and then that sample could be forwarded for microscope identification; and inquired if it is known which of the 37 organisms are creating the problem. Mr. Pine stated the only one that has been thoroughly studied is the "red tide"; they are beginning to study the rest; and explained the process. Commissioner Scarborough inquired if experts could address the community; with Mr. Pine responding most of the researchers are receptive to meetings where they can share information.

Commissioner Cook inquired if harmful algal blooms account for as much as 80% of manatee deaths; with Mr. Pine responding affirmatively. Commissioner Higgs inquired if Mr. Pine is talking about two years ago when there was red tide. Mr. Pine advised of two reports. Commissioner Cook stated he would be interested to see additional information.

Thelma Roper expressed support for Mr. Pines previous request for the Health Department to send information to doctors so they are informed about the symptoms of illness from the toxins; and stated some of the fish have been found in Brevard County. She recommended the Board take an interest in the subject, and make an effort to get some of the money in the County.

Commissioner O?Brien stated one recommendation is to practice salinity level maintenance by opening locks and levies; but Kennedy Space Center complained when the County tried that, and claimed the County silted in the KSC channel. He stated when clammers buy a license, they pay a $5 surcharge which is supposed to go to research; their crop could be in jeopardy if this is not taken care of; and when fishermen get their licenses, they set aside some of that money for research. He stated the Board may want to send a letter to the Governor or appropriate personnel or agency to solicit funds.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to draft a letter for the Chairman?s signature to the Secretary of the Department of Environmental Protection requesting research efforts include Brevard County.

Commissioner O?Brien inquired how it would be funded; with Commissioner Higgs responding it is already funded. Commissioner Scarborough stated there have been public hearings; Mr. Pine said it is likely the squeaky wheel will get the oil; and there is indication it exists in Brevard County, but the money may go elsewhere. He stated this action puts on record that the Board has a concern.

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

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to invite those persons involved in the issue to the County for a round table discussion. Motion carried and ordered unanimously.

Discussion ensued on the letter; with consensus reached to send a letter to Secretary Wetherell and a copy to the Governor.

Chairman Voltz stated the request is for installation of speed humps on Palmetto Drive in the Atwater Subdivision in District 5; and staff advises the criteria for speed hump installation is not justified based on the required factor of 60% of the motorists exceeding the speed limit by at least 10 m.p.h.

Richard Pavick stated the street is used extensively by school children; and the County erected speed limit signs at each end of the street, but it has not slowed down the traffic. He stated in the last year one child was injured while riding a bike and a dog being walked on a leash was hit by a car; and advised of the effectiveness of the Sheriff?s patrols and the testing equipment. He requested the Board approve the installation of speed humps.

Chairman Voltz stated she has never supported speed humps; and explained her objections.

Commissioner Cook stated this is an internal road; if this is approved, it could expand to many roads; and staff recommends against it as it has not met the criteria and there is concern about emergency vehicles.

Motion by Commissioner Cook, to deny the request for installation of speed humps on Palmetto Drive in the Atwater Subdivision.

Commissioner Higgs stated she has always supported speed humps when the residents of an area support them; in this case, 81% of the residents approve of them; and as this is not a major arterial, she supports the residents? request.

Commissioner Voltz seconded the motion; and called for a vote. Motion did not carry; Commissioners Cook and Voltz voted aye; Commissioners Scarborough, O?Brien and Higgs voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the request for installation of speed humps on Palmetto Drive in the Atwater Subdivision. Motion carried and

ordered. Commissioners Scarborough, O?Brien, and Higgs voted aye; Commissioners Cook and Voltz voted nay.

The meeting recessed for lunch at 12:09 p.m. and reconvened at 12:45 p.m.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution recommending that AJT Inc. be approved as a qualified target industry for the Tax Refund Program. Motion carried and ordered unanimously.

Commissioner O?Brien stated AJT, Inc. wants to start making rocket engines for Lockheed.

Chairman Voltz stated the EDC requests the Board adopt a qualified target industry resolution on behalf of Company Prospect #98-03-14-041; and inquired about the company.

Commissioner Cook stated he has a problem voting on an unidentified company, and it defeats the purpose of a public hearing. Commissioner Scarborough explained the degree of confidentiality provided by Statute to the EDC when it is dealing for the County; and stated if it did not have that, the companies would be put at risk.

Franck Kaiser, EDC Vice President, stated this is an unusual situation; it is a large company which is considering leaving the area and returning to Pennsylvania; and the employees are not aware of what is going on. He stated it could affect the company if employees left; this has not been made public; the company is in final negotiations trying to secure a site which would allow them to stay in Brevard County; it is a good corporate community partner; and the company has requested confidentiality. He stated they are not trying to conceal anything, but to protect the company?s interests and keep it in the County.

Commissioner Cook stated EDC does not have to act in the sunshine, but he does; there is a public hearing to let people know what the Board is doing; and the Board is being asked to commit to a tax abatement program without the public having any idea who the company is. He stated he understands the need occasionally for confidentiality, and the EDC can work under those parameters; but once it rises to the level of a public hearing, it has to be done in the sunshine.

Commissioner O?Brien stated the Sunshine Law has its drawbacks, and this is one of them; the firm is currently in the County; it employs 300 people; and it plans to construct a new building with a capital investment of $18 million and employ an addition 150 people with an approximate payroll of $8.8 million. He stated when firms ask for confidentiality, the Board should respect it or it could put the 300 jobs in jeopardy.

Motion by Commissioner O?Brien, to adopt Resolution requesting the State consider Prospect #98-03-14-041 as a qualified target industry for the Tax Refund Program.

County Manager Tom Jenkins stated this is the first step; and inquired if the company would be able to identify itself when it comes back for the abatement; with Mr. Kaiser responding affirmatively. Chairman Voltz stated the only thing the Board is doing at this point is recognizing the company as a qualified target industry. Mr. Kaiser stated this is to facilitate the QTI application, and the tax abatement application will follow; and at that time, they will be identified.

Commissioner Scarborough seconded the motion.

Commissioner Higgs inquired if the Board can approve this without having a name. County Attorney Scott Knox stated there is nothing in the Statute that allows them to pursue this without identifying themselves; but the State makes the final decision.

Commissioner Cook stated Chapter 288.075, Florida Statutes, says nothing about waiver of Chapter 120 or any other provision of law requiring a public hearing; and he does not see how it is possible to have a public hearing when the Board does not know who it is talking about. He stated it says, "a public officer or employee may not enter into a binding agreement with any corporation, partnership or person who has requested confidentiality of information pursuant to this Section until 90 days after such information is made public." He stated this is to protect the public; he cannot document to the public who this is or whether all of the things shown are correct; and that is what bothers him. He stated the Board has never acted this way before; it is not a good policy; and it is not in the public interest.

Commissioner Scarborough stated earlier there were public hearings, but this is an application for the State Qualified Target Industry Tax Refund Program; and outlined the process. He stated if someone wanted to, they could find out the company name; and he will be surprised if the name is not in the newspaper tomorrow. He stated this is not a public hearing; and the Board is just saying with the information it has received, it believes the company should be allowed to proceed.

Chairman Voltz advised this is not a public hearing. Commissioner Cook stated it is a public hearing in the sense the Board is before the public and it was on the Agenda. Commissioner Scarborough stated everything is a public hearing in that people can speak to any issue, but there are specific formalized public hearings; and at the public hearing, full disclosure will be necessary. Commissioner Cook stated the Board is being asked to qualify a company as a target industry based on a number and some information; the County Attorney advises there is nothing in the Statute that authorizes this to go forward without the company identifying itself; and the Board is committing, as part of the Resolution, to match them for the Qualified Target Industry Tax Refund Program. Commissioner Scarborough inquired if the commitment is binding. Mr. Knox stated there could be an estoppel problem. Commissioner Cook stated it applies here; and repeated the provisions of Chapter 288. Chairman Voltz inquired if the Board knew the name of the company, would it reject it based on a substantive item; and stated this is a matter of losing a company in the County. Commissioner Cook stated hopefully the County will not lose the company; the Board has to comply with the State law; there has never been one of these resolutions with the prospect shown as a number rather than by name; and he is more comfortable voting on something when the people know what is being voted on. He stated if the Board starts doing this, it will continue because any company would rather not let out what is going on; as this is assisting industry with public funds, it raises it to a different level; and in the resolution, the Board is committing to the Ad Valorem Tax Abatement Program. He stated he does not see how the Board can do that today with the public not knowing who the company is.

Mr. Kaiser stated the EDC is certifying that this company qualifies; he understands the concerns about the anonymity; and assured this is not a regular practice, but is only being done because 300 jobs are in jeopardy. He stated it could have a deleterious impact on the company if the employees felt they may lose their jobs because the company is moving; the company meets all the other criteria; the only thing the Board does not know is the company?s name; and requested the Board take the EDC?s word.

Commissioner Cook stated he understands the obligations of the EDC, but they are different from the obligations of the Board; and the elected officials have an obligation to the public. He stated the Board has been proactive in supporting businesses; but in this case there is a chance the Board would be violating State law. He stated the Board?s considerations are beyond this particular item to what is in the public interest and what is public policy.

Mr. Kaiser stated in regard to the tax abatement issue, the Board would be requesting the State allow it to substitute the ad valorem tax abatement for a cash match, which is required by the QTI Program; and the tax abatement would have to have a public hearing and be approved as a separate item. He stated the resolution does not say the Board will grant the abatement, and it is a separate action. Commissioner Cook stated it says "necessary commitment of local financial support." Mr. Kaiser stated the commitment required by the State of local financial support is 20% matching funds; in other areas of the State, that is provided in cash; but the County is asking to substitute the ad valorem in lieu of the cash match; and if it is not granted, the QTI will not be granted by the State. Commissioner Cook stated the Board is certifying this is a qualified target industry; and he does not know how he could justify that. Chairman Voltz stated it meets the criteria; and the name does not have anything to do with the criteria. Commissioner Cook stated the resolution says it will matched through the Ad Valorem Tax Abatement Program; there is nothing in the State law that says this is allowed; and he would not want to do anything, as a public official, that could be construed as not being totally in the sunshine or in violation of State law. He stated this is bad policy, although he is completely supportive of the intent.

Commissioner Scarborough stated he understands the dynamics of business; and inquired if it would help to add "match to the Brevard County Ad Valorem Tax Abatement Program, pursuant to Florida Statute, which requires the public hearing. Commissioner Scarborough noted this is not the public hearing; the public hearing is yet to occur; and it will be done pursuant to the public hearing. Mr. Knox suggested cross referencing the Ordinance. Commissioner Scarborough requested Mr. Knox research the issue as he would rather cite a Statute rather than an Ordinance.

Chairman Voltz inquired if this can be held. Commissioner Scarborough stated it can be done later in the meeting.

Chairman Voltz inquired if anyone has a problem with any of the projects to be submitted to the Metropolitan Planning Organization.

Commissioner Higgs stated the beltway is listed between Malabar and U.S. 192; the initial study showed the traffic numbers being significantly different south of Emerson; and inquired in terms of funding, would the project be more likely if shown in segments. Chairman Voltz stated the rights-of-way from Malabar Road north are going to be donated. Commissioner Higgs stated she is referring to construction dollars; the feasibility study numbers showed clearly that Emerson north would be where the traffic would be for the next ten years; and south of Emerson it went out a number of years before it showed the traffic on it. Interim MPO Director Bob Kamm stated the list is for the MPO to

obtain State and federal funds; to use those funds, there would have to be a preliminary design study; and the logical terminus for a design study would be from Malabar Road to U.S. 192. He stated if it had to be done in sections, the volumes are higher north of Emerson; however, the Malabar Road to U.S. 192 limits are appropriate as a unit of study, which is what is being requested in the list. He stated at a later time, as part of implementation, it could be broken into stages. Commissioner Higgs stated it is listed as PD&E. Discussion ensued on PD&E and the study.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to authorize submittal of project priorities to the Brevard MPO, as recommended by staff. Motion carried and ordered unanimously.

Chairman Voltz stated the request is to approve the conversion of one Command Staff position to two firefighter positions.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve the conversion of one Command Staff position to two firefighter positions. Motion carried and ordered unanimously.

Commissioner Higgs recognized the efforts of staff in the conversion and the action of Assistant Chief Scott Lunden who took a voluntary change of position to serve the overall good of the County.

Commissioner O?Brien stated this allows a third firefighter on a variety of trucks which will allow the County to enter into Interlocal Agreements. He stated firefighters are needed; and he would like to see more conversions of command positions to firefighters.

Public Safety Director Jack Parker stated he is proud of Chief Lunden and the Command staff for figuring out a way to get more firefighters on the engines. He stated Chief Lunden?s motivation was very unselfish, and he sets a tremendous example.

Assistant County Attorney Katherine Harasz stated staff recommended termination of a Contract for improvements at Kennedy Point Park, and has spoken with the contractor and his attorney. She advised staff?s main concern is there is over $90,000 in grant money that the County wants to keep for the park; there is a grant deadline which possibly may be extended; and Mr. Minneboo proposes that his crews can finish a portion of the project and it would be possible to get some quotes to finish the buildings on the project. She stated the County is exempt from the competitive bidding requirements due to the deadlines and termination of the Contract; but if the County finishes the project, it would be difficult to enforce its rights under the surety bond. She stated the County Attorney recommends terminating the Contract, forfeiting the rights under the bond, waiving the contractor?s liquidated damages, paying for the value of the work in place at a negotiated price, and approving the Change Order, and if it is impossible to arrive at an agreement for the value of work in place, the contractor agrees to go to mediation and split the cost for the mediation. She stated staff will need authority to request an extension of the grant.

Edward Baxa, Attorney for Camco Development, emphasized his client is interested in completing the project; Camco is a new company; and a fight over a termination for cause that could result in the surety completing the project is a serious matter. He stated the County Attorney and staff approached them with termination by mutual assent; and his client, although he wishes to complete the project, does not want to be on a project where the owner does not feel he is performing adequately. He stated there were a number of unusual circumstances; they have run into the third buried fuel tank; and there have been other problems. He stated his client agrees to the proposal of the County Attorney; he hopes to cooperate as much as possible with materials on order; and he has confidence that negotiations regarding the work in place component will proceed in a reasonable fashion, and will not require mediation. He stated one of the issues of concern is excess dirt on the site; they have made arrangements to truck off the dirt; and advised of difficulties with the dirt blowing into a nearby marina.

Pete Kaiser, Manager of Kennedy Point Marina, outlined the problems with the sand blowing onto the boats; stated the County indicates it is the contractor?s problem; but the contractor indicated they were waiting for the County to alleviate the fill. He stated yesterday the contractor said he would remove the sand as soon as possible, when an agreement is reached with the County. He stated the sand is destroying his property; he has lost 20 boats in the last month and a half; there have been no new customers; and it is destroying his business. He advised of the conditions on Mothers Day; and stated they lost over $6,000 in revenue last month because of the sand damages.

Commissioner Scarborough stated the County and the contractor have agreed to part company; and it will be totally the County?s responsibility. Mr. Kaiser stated all he wants is for the sand to be removed to alleviate the problem. Commissioner Scarborough stated if the Board takes this action, the liability shifts to the County. Facilities Construction Director Samuel Stanton stated the Agenda should be amended to award the Contract and authorize the Chairman to execute any other contracts. Public Works Director Henry Minneboo stated he will try to deal with the sand tomorrow. Mr. Kaiser stated he has 80 customers who have substantial investments in their boats, and have property damage; and he is looking for someone to take responsibility for the damage. Assistant County Attorney Katherine Harasz advised when the County assumes control of the project, it would begin responsibility for the project; any damages would have to be addressed under the old provisions of the Contract; and the County does not intend to take responsibility for everything. She stated the County may take responsibility for fixing the problem as the contractor on the job starting tomorrow. Mr. Kaiser inquired if the contractor agree with that. Commissioner Scarborough stated if the Board votes for this, the contractor will be out of the picture, and all questions will go to Mr. Minneboo; and the contractor will not have responsibility for the sand from that moment forward. Mr. Kaiser stated this has been going on for one and a half months. Chairman Voltz inquired if Mr.

Kaiser will have to deal with the contractor for damages; with Ms. Harasz responding it is the County?s position that to date the contractor created the condition and would be responsible for any past damages. Ms. Harasz stated there is a Contract between the contractor and the County; whatever damages to date would be addressed in that contract; and if the Board terminates the Contract, it will immediately do what it can to alleviate the situation.

Mr. Baxa stated what the County Attorney said is accurate as far as going forward; they may or may not have legal responsibility for things that have happened in the past as there was County involvement in that; and he does not want to mislead the citizens. He stated they are not acknowledging that they are the party at fault; but prior to termination, it makes sense for the people to look to the contractor in addition to other people.

Greg Lindner advised he stores his boat at Kennedy Point Yacht Club; sand is piled 30 feet high; it is not clean sand; and it has been blowing on his boat. He described damages to his boat estimated to cost $270 to clean and $100 to $150 to restore the canvas. He stated right now on the inside of his boat there is one-eight inch of sand. He expressed concern about the argument about who has responsibility for the damages; and stated he plans to submit his bills.

Ms. Harasz stated it is the County Attorney?s position that under the Contract, Camco would be responsible for any damages by the conditions it created; and whether its attorney is willing to meet with the citizens is up to him. She stated it is a contractor-created problem and responsibility; however, starting tomorrow, the County will act on the problem as quickly as reason dictates.

Mr. Lindner stated a lot of contractors in the County build houses and go out of business, and then they are rechartered; and there is no financial recourse. He requested the County, before it dismisses the contractor, establish a bond so if the contractor goes out of business there will be recourse for the boat owners.

Mila David stated she has a boat at Kennedy Point Yacht Club; and described the problems with the mountain of sand. She stated it is terrible, but she is lucky that she has no damages.

Art Hale stated he has a boat at Kennedy Point; the County is the owner of the property; the property is a health hazard; and the contractor is only the County?s agent, so the County is responsible.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to execute a grant amendment to extend completion time for the Kennedy Point Park project if the State consents to it. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize competitive quotes, award of contracts and execution of the contracts by the Chairman with subsequent contractor or contractors to finish the work over and above the County?s crews? work. Motion carried and ordered unanimously.

Ms. Harasz recommended termination of the Contract with an agreement to waive the County?s rights under the performance bond, waive liquidated damages provided for in the Contract, to pay the contractor for work in place, approve Change Order No. 1 with CDB Southeast, increasing contract price by $1,819.90 for removal of additional fuel tanks found in the boat ramp and additional riprap to the revetment system; to follow the pay procedures to value the work in place; to follow the termination procedures provided in 14.5.1 of the Contract; and to agree to submit to mediation of any disagreement the parties may have over the value of the work in place.

Commissioner Scarborough inquired if that is correct; with Mr. Baxa responding affirmatively. Mr. Baxa stated his client will execute a release of the County for any claims beyond the work in place.

Motion by Commissioner Scarborough, seconded to Commissioner O?Brien, to terminate the Contract with Camco Development and Building-Southeast, Inc.; waive the County?s rights under the performance bond, waive liquidated damages provided for by the Contract, to pay the contractor for work in place, approve Change Order No. 1 with CDB Southeast, increasing contract price by $1,819.90 for removal of additional fuel tanks found in the boat ramp and additional riprap to the revetment system; to follow the pay procedures to value the work in place; to follow the termination procedures provided in 14.5.1 of the Contract; to agree to submit to mediation of any disagreement the parties may have over the value of the work in place; and accept release to be executed by the contractor. Motion carried and ordered unanimously.

Commissioner Higgs requested the County Manager direct staff to investigate any liability by the former owners for the gas tanks that were not disclosed. Commissioner Cook stated he would like to look at the original Beach and Riverfront Contract for the property. Ms. Harasz stated the fuel tanks are not a big problem because they were buried under the water; and DEP has already looked at the ones that were removed which were found to be empty and were authorized for disposal in an ordinary landfill. Commissioner Cook stated in the 1980's those tanks were referenced in the Contract. Parks and Recreation Director Charles Nelson stated there were two original tanks that staff was aware of, and they were removed; the other tanks were unknown; and staff is doing research. Commissioner Higgs requested Mr. Nelson keep the Board apprised of the research.

Commissioner Scarborough inquired who will be the contact point for the boat owners; with Ms. Harasz responding the owners can contact her at 633-2090.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute applications to the State of Florida, Department of Community Affairs, for Drug Control and System Improvement Program (Edward Byrne) Grant funds totaling $357,001; and authorize the Chairman to execute acceptance awards for each project upon approval of applications by DCA. Motion carried and ordered unanimously.

Chairman Voltz stated The Viera Company has requested offsets to the Fire Station construction and furnishing expense; and three categories of assistance are suggested. She stated under the Viera Development Order, The Viera Company is to construct and furnish a 5,865-square foot fire station at a 1994 estimated cost of $308,581 on a donated site.

Commissioner O?Brien inquired if there are any objections to the plan; with Chairman Voltz responding she has no objections.

Commissioner Cook inquired if the impact fees from District 3 will be applied; with Mr. Stephen Johnson, representing The Viera Company, responding affirmatively. Commissioner Cook inquired if the fire station will benefit that entire area; with staff responding affirmatively. Commissioner Cook inquired if the Agreement has been reviewed by the County Attorney; with County Attorney Scott Knox responding yes, and it is just a different mechanism. Mr. Johnson stated the capital contribution front ending agreement is from the Florida Statutes. Commissioner Cook inquired if the vehicles will all be stored inside; with Public Safety Director Jack Parker responding affirmatively. Commissioner Cook stated the DRI refers to documentation of costs; and inquired if the documentation will be supplied to the County for reimbursement; with Mr. Johnson explaining the reimbursement process. Commissioner Cook inquired if it will be a reinforced concrete building which will look better and be stronger; with Mr. Johnson responding that is correct. Commissioner Cook stated the point of facilitating this arrangement is to get an upgraded fire station that will be more appropriate for emergency situations. Tom Jenkins, County Manager, advised it is a larger station. Commissioner Cook inquired if the County is going to provide furniture even though the original DRI had a commitment for furniture. Mr. Parker stated in the initial negotiations staff was doing whatever possible to shave the costs of the project; the County can supply $15,000 worth of furnishing for the station; and the generator was not specifically mentioned in the DRI, but staff made the offer to supply the generator, with the Commissioners? support. Commissioner Cook inquired if any of the vehicles will be stored outside the station; with Mr. Parker responding the bays have been enlarged to accommodate all the vehicles that will be at the station.

Chairman Voltz stated the County requested the site and size of the station be changed; with Mr. Johnson advising Public Safety requested the location to better serve the public.

Commissioner Cook inquired about neighborhood friendly policies as far as sirens and noise; with Mr. Johnson advising they will be conscious of the residents, and will not use sirens until necessary.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the offsets requested by The Viera Company for the Viera Fire Station construction and furnishing expenses as follows: waive review, application and permitting fees, and inspection charges; adjust Impact Fee specification to provide for application of existing impact fee funds and Capital Contribution Front-ending Agreement for reimbursement; and authorize the Public Safety Department to provide approximately $15,000 in furnishings and a generator valued at approximately $20,000. Motion carried and ordered unanimously.

Commissioner Scarborough stated the applicant provided pictures of the property; without help signage will not be effective; and she will need help even to get the variance. He stated this is very unusual; if she does not get a variance, it is unlikely the Board will get paid.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive the $345 fee for Michelle R. Dones to apply for a variance from the Board of Adjustment.

Commissioner O?Brien inquired if the variance is granted, is it possible to put a time limit on it such as renewed every five years, so it will not be a permanent part of the property. He stated Ms. Dones may move; business may improve; there is a lot of property between the road and the building; and the Board does not know what will happen over the next five or ten years.

Commissioner Scarborough stated if a building permit is pulled for the property, the variance would have to be renewed at that time because that would indicate something has changed.

Chairman Voltz inquired what happens now. County Manager Tom Jenkins responded the Board of Adjustment has to make the decision; and all this Board is doing today is waiving fees.

Commissioner O?Brien inquired what will happen if it becomes an adult bookstore with a sign right on the highway. Commissioner Higgs stated she will not support waiver of the fee because of the precedent; and the decision on the variance belongs to the Board of Adjustment.

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

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Grant Agreement with Florida Department of Environmental Protection for Innovative Recycling Grant of $300,000; authorize the Chairman to execute any future Change Orders; and authorize staff to negotiate an Interlocal Agreement with the Brevard County School Board to purchase polystyrene recycling machines for the County?s schools.

Commissioner O?Brien stated the County is getting a recycling grant of $300,000 to buy the styrene melting machines; and inquired who will pay to continue the program and for repairs. Solid Waste Management Director Richard Rabon responding the School Board will have an agreement with the company for service and maintenance. Commissioner O?Brien inquired what is the County?s commitment beyond the grant money; with Mr. Rabon responding that is it.

Commissioner Cook inquired why the School Board did not apply for this; with Mr. Rabon responding it was not available to the School Board; and explained the Innovative Recycling Grant Program. Mr. Rabon stated an interlocal agreement with the School Board will be negotiated; but he needs permission to purchase the machines in order to get them into the schools by Fall. Commissioner Cook inquired if the machines will be purchased by the County; with Mr. Rabon responding yes, and then given to the School Board.

Commissioner O?Brien stated a few years ago the Board received letters from classes; at that time, it was turned down due to the cost to the Board; and suggested amending the motion such that after the machines are given to the School Board, the County has no further responsibility. Commissioner Scarborough stated it will be in the interlocal agreement.

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

Mr. Rabon requested permission to waive bid and purchase the machines from the sole source vendor which is the only company providing this service.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize purchase of approximately 50 polystyrene recycling machines from the sole source vendor. Motion carried and ordered unanimously.

Chairman Voltz stated the request is for the Board to accept staff?s recommendation of the two top-ranked proposals received from J. D. Edwards and SAP America, Inc. approve concurrent negotiations with those vendors, and appoint a negotiating committee.

Xavier Ramirez, representing Smart Solutions, stated his company was one of the top three vendors; and requested they be allowed to participate in the next round of negotiations. He stated when the bid started, every vendor was told the budget available was going to be approximately $1 million to $1.5 million; and his company is within the price range. He stated on Exhibit C there is an independent study saying that their consulting fees would be close to $1.4 million; but in the original proposal it was $521,000.

Commissioner Cook inquired if Mr. Ramirez is being told his costs are too low; with Mr. Ramirez responding that is why he is requesting to give the County an agreeable quote.

Information/Communications Systems Director Gino Butto advised what Smart Solutions is indicating is accurate; in the initial assessment, they knew they had a set amount of money available; and as a starting point for this project, they did not want to constrain themselves to a cap. He stated this is long-term commitment; the current system has been around for at least 15 years; and once the County started to work with the prospective vendors they noticed there were a lot of areas which required more detail than the vendors could have provided in the short time allowed; and that is why the County was flexible in not reducing the initial set of prospective vendors to three or four, but opened it up to all vendors who had qualified for the bid. He stated all of the proposals were close in their evaluation criteria scores; and after presentations and evaluation, the number of strong candidates, candidates 1 and 2, had a distinct separation from the rest of the pack.

Commissioner Cook inquired if the difference was price; with Mr. Butto responding no. Mr. Butto stated the price they focused on was the cost of the software; and advised of the criteria to determine the best package. He stated he concurs the numbers are not necessarily representative of what it would cost for others; this is one vendor?s bias; and the vendor who provided the information did not make the top four. He stated there is a lot of potential in the implementation portion to do things in-County and save money; there are other areas they would prefer to have a vendor coordinate rather than the County take the risk; and those are the areas that they hope to negotiate. He stated they focused on the best packages given what was presented; and recommended focusing on the two that were best. He noted if the ranking for first, second and third were close, they may have considered including #3; but #1 and #2 were unanimous, and after that there was disparity. He noted if the Board included #3, it would have to include #4 which was very close to #3. He stated they have not eliminated any of the vendors; if negotiations do not go in the direction they are hoping, they have the right to negotiate with #3 and #4, etc. He stated it would be premature to feel eliminated.

County Manager Tom Jenkins stated the dollar figure that was quoted was not created by the County; with Mr. Butto responding Exhibit C was created by a competitor.

Commissioner Scarborough stated they started by going to Harris Corporation to hear the pros and cons; Harris Corporation has PeopleSoft; he has never been in a more confusing process; and explained the process. He stated in the final session the two that have been recommended were ranked 1 and 2; and the scores were 9 and 12, and then it drops to 26 and 27. He recommended the Board take the Committee?s recommendation on #1 and #2 or negotiate with #1, #2, #3 and #4. Chairman Voltz stated she agrees with #3 and #4. Commissioner Scarborough stated staff will talk to the companies; and if they are outside of what the Commission can take, they can come back and bring #3 and #4 in. He stated the numbers reflect cost savings; there are intangible costs which can be substantial; and inquired if there is a revision every six months, how long does it take and what impact is there to the system.

Commissioner Cook stated there were huge discrepancies in training costs; with Mr. Butto responding there were assumptions on the vendors? part about the amount of training; and until staff discusses those details, staff will not have the answers. Commissioner Cook stated the range is from $30,000 to $1,448,000. Mr. Butto advised of the impossibility to give a fair answer without details being disclosed. Commissioner Cook inquired about going through vendor #4. Commissioner Scarborough stated there is some time involved in dealing with four vendors rather than two; and the Committee believed there was such a major split between one/two and three/four that it could negotiate with three/four sooner by sitting down with one/two initially. He stated negotiations should take place with the recommended #1 and #2. Mr. Butto stated #3 and #4 is with PeopleSoft which Harris has, and which many people in the industry consider to be the bar by which they measure.

Commissioner Cook stated if negotiations go through #4, that brings in PeopleSoft and Smart Solutions; and commented on disparity of training costs.

Commissioner Scarborough stated the Board will get what it pays for; there is also risk of paying the least amount because it indicates a failure to implement; and there are a number of weighted costs.

Xavier Ramirez stated Smart Solutions is known for rapid implementation; and commented on the costs of other vendors.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to move forward with negotiations with the two top-ranked firms, J.D. Edwards and SAP America, Inc. for a financial management system; and appoint a Negotiating Committee consisting of representatives from the Management Services Department, Clerk of the Court, County Finance, Budget Office, Office of Human Resources, Information Systems Department, and County Attorney?s Office.

Commissioner Cook stated he will vote against it because he would prefer to see the top four involved. Commissioner Scarborough advised of the problems in negotiating with too many vendors. Chairman Voltz stated if it is necessary to renegotiate with more vendors, it will take even longer. Mr. Butto stated there are certain things staff has to put together in the negotiation; he understands Commissioner Cook?s sensitivity to the amount of money; but he does not assume the one that is

more expensive is better. He stated due to the ambiguities involved in the installation, integration and training processes, they are trying to find ways to bring vendors #1 and #2 closer to what was found in #3 and #4, and still get all of the benefits perceived in the first two. Commissioner Cook stated he has never seen a bid process where the disparity was so enormous. Commissioner Scarborough stated if the Board just looks at bottom line price, there are groups that will not be around, and the whole software package is not going to be maintained; and if the Board goes just by price, it is making a mistake. Commissioner Cook stated he understands that the County wants to get the best system at the best price, but vendors #3 and #4 are reputable firms also. Chairman Voltz stated she will not support the motion because she would like to see vendors #3 and #4 involved in the negotiation.

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

Michael Fitzgerald submitted written materials; and stated the recent drowning of young football star James McGriff has brought to light the question of what the County will do to better protect citizens and tourists from dangerous riptides. He provided statistics on deaths due to riptides; and stated in 1996, lifeguards saved 30 people from riptides in Brevard County. He stated he visited the beach where Mr. McGriff took his last swim; there were signs for turtles and littering, but none pertaining to riptides; and riptides are a real danger to citizens. He stated it is important for the County to take a leadership position to warn beach goers of the rip currents. He recommended the signs include: (a) Warning-this beach is subject to rip currents, (b) what a person should do if caught in a rip current, and (c) what signal they should use to tell people on shore that they are in need of assistance. He stated there is no better way to get the word to the public than placing aesthetically pleasing signs on the beaches; when the water is rough, it is most alluring; and if they see the signs, they will become better educated about the dangers. He stated it will require approximately 140 signs; the TDC is unable to fund the signs; the Board is proactive in safety measures; and the cost should not be prohibitive. He stated he has heard about the liability issue; he would prefer to argue that the County made some effort to warn the public; the County is on notice that there is a danger out there; and the County has a responsibility to move forward to do something to deal with this issue. He advised of the actions of Palm Bay High School in honor of Mr. McGriff; and suggested going to the student body to request they lobby the State Legislators to see that this is implemented throughout the State. He suggested such a law could be named for James McGriff.

Commissioner Cook stated this is an excellent opportunity to do something that could save lives; putting the signs up would be of tremendous value to people; it is important to know what to do if caught in a rip current; and if the signs are placed in a position where people see them repeatedly, it is bound to sink in. He stated if it saves one life, it is worth the cost of the signs.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to authorize installation of signs at each beach access with language, as recommended by Michael Fitzgerald or revised by the Public Safety Department, warning of riptides and providing instructions on what to do if caught in a riptide; and direct that next year?s Legislative Package include a request for such signage on all Florida beaches.

Commissioner O?Brien requested the signs be made easier to read, especially for children; and suggested the following verbiage: "This beach is subject to riptides (fast moving outward water). If you are in a riptide, do not panic. A riptide will not pull you under. Swim or wade even with the shore for about 30 yards, and begin to make your way to shore. If you need help, wave your arm to people on shore as a signal."

Chairman Voltz requested the County Attorney comment. County Attorney Scott Knox stated the language can be modified to make it simpler. Chairman Voltz inquired if there is a problem with the signs. Mr. Knox stated the signs will have to be maintained, but that is the only liability; and the Board will have to weigh the benefits against the risks.

Commissioner O?Brien inquired about the number of people who have drowned in Brevard County who do not speak English; with Public Safety Director Jack Parker responding there is no breakdown on that.

Discussion ensued how to deal with people who cannot read the signs because they do not speak English. County Attorney Scott Knox suggested doing the signs with pictures. Commissioner Higgs stated staff can work it out. Chairman Voltz stated finances is not an issue because the County needs to do whatever it takes to get the signs up. County Manager Tom Jenkins inquired if staff has to come back for permission to remove funds from Contingency for the cost of the signs; with Commissioner Cook responding that is part of the motion.

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

Larry Trenary stated he submitted his comments prior to the meeting.

Commissioner Cook inquired why Mr. Trenary is making the request. Mr. Trenary stated Zoning staff suggested he go for RU-1-13 for a single residence as he did not have sufficient acreage in AU zoning to build a house; he resubmitted his application; at the Planning and Zoning Board meeting, there were questions about cutting the property into four parcels which the County Attorney advised was possible; he stated he had no intentions of cutting it into parcels; and it was approved. He stated he had no reason to think he was doing something that was out of character or not compatible with the area; the plan they gave him at the office had no zoning on it; and he did not know there was a plan available. He stated when he came to the Board, there was a lot of opposition; he did not

know what they were talking about when they said EU as opposed to RU-1-13; but it was unanimously voted down. He stated Zoning staff showed him that EU would be consistent with the zoning in the area; but he was ignorant of zoning, and put in for RU-1-13 on the advice of Zoning staff. Commissioner Cook inquired if EU would allow for only one residence; with Zoning Official Rick Enos responding yes, it would allow for one frontage lot on that property, but the reason for the RU-1-13 was to possibly split the property into two frontage lots. Mr. Trenary stated that was not his original intent; he only found out the property could be cut up at the Planning and Zoning meeting; and he did say if he had the right for two lots, he would like to be able to exercise it. Commissioner Cook inquired if Mr. Trenary is allowed to build under the current zoning. Mr. Enos responded the current zoning is AU which requires two and one-half acres; the property is just under one acre; and there was a question whether it was a nonconforming lot of record, but it is not.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to waive the six-month waiting period for Larry Trenary to resubmit for zoning change on property fronting on Rockledge Drive, 1,650 feet north of Coquina Road on both sides of the road. Motion carried and ordered unanimously.

County Attorney Scott Knox requested the discussion on Brevard County v. Duda be postponed for one week as modifications need to be made to the resolution. Commissioner O?Brien inquired if the item can come back on the Consent Agenda; with Mr. Knox responding affirmatively.

Heinz Knobel advised of help from Chairman Voltz and Commissioner Higgs and support of many people; and requested the Board find a way to end the goat story in the County.

Commissioner Higgs stated it would be worth the Board?s time to consider a Conditional Use Permit in SEU for a goat on five acres. She stated if it is possible to have a CUP for a horse, it is logical to consider the change; and she would be willing to consider a change to the CUP in SEU for a pygmy goat.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to direct staff to draft an amendment to the Conditional Use Permit provisions of the Zoning Code to allow pygmy goats in SEU zoning on properties larger than five acres.

Commissioner O?Brien stated he is happy to look at this; the issue was not about a CUP in SEU, it was about changing to agricultural; that is what caused the problem; and a CUP in SEU probably can be done. Chairman Voltz stated she asked Mr. Knobel if he would consider that at the time, and he said no.

Community Development Administrator Peggy Busacca stated there is a Code Enforcement action outstanding; and inquired if it is the intent of the Board to abate the Code action until the Board has a chance to consider the CUP. Commissioner Higgs stated she will include that in her motion; and inquired how long will it take this to come back. Mr. Enos advised it would be in August, 1998.

Commissioner O?Brien advised the Board may not be able to do this either. Commissioner Higgs stated all the Board is doing is agreeing to look at a change to the Ordinance; it will be a public hearing; and there may be people who object.

Chairman Voltz called for a vote on the motion to direct staff to draft an amendment to the Conditional Use Permit provisions to allow pygmy goats in SEU zoning on properties larger than five acres, amended to abate Code Enforcement action against Heinz Knobel. Motion carried and ordered unanimously.

Commissioner Cook stated the Construction Management Delivery System is for projects up to $500,000 in value; and inquired if those contracts will not have to come to the Board; with Facilities Construction Director Samuel Stanton responding they will come to the Board. Commissioner Cook stated it says projects up to $500,000 will use a Construction Management Delivery System. County Manager Tom Jenkins stated the Construction Management Contract will come to the Board for each project; and the action consolidates the selection process and creates a list of qualified construction managers.

Discussion ensued on which contracts will come to the Board. Mr. Jenkins stated there will be a fixed amount for the project and a fixed amount for the fee of the construction manager; and they will come back. He stated the construction manager will quote with various subcontractors, and the Board will not see that; but the Board will see a fixed dollar amount for the entire project. Commissioner Cook inquired if the Board would approve that prior to anything going forward; with Mr. Jenkins responding yes. Commissioner Cook inquired if this would include renovations or moving; with Mr. Jenkins responding any construction that is under $500,000. Commissioner Cook stated it will be a one-year contract with option to renew for three years, and all contracts will have to come to the Board for approval.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to grant permission to advertise a request for proposals for Construction Management Delivery System Continuing Contract for projects up to $500,000 in value; authorize negotiation of a contract with up to three firms; authorize award of the contracts and execution by the Chairman; appoint Samuel Stanton or his designee, Harriet Raymond, Hugh Muller or his designee, and Stockton Whitten or his designee to the Selection and Negotiating Committees; and authorize negotiations with the top three firms, and if

unsuccessful, to negotiate with the next ranked firms until contracts for each proposed project is successfully negotiated.

Commissioner Higgs requested the County Manager report to the Board annually after implementation of the Contract with dollar amounts and the firm or firms that have been selected so the Board can monitor it. Commissioner Cook stated he will include that in the motion.

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

Chairman Voltz stated it is recommended the Board approve the expenditures of funds and authorize the Chairman to sign three contract documents for acquisition of right-of-way for the Port St. John Connector Road. She stated B. B. Nelson was unable to stay, and requested his letter be included in the record.

Discussion ensued on whether to read Mr. Nelson?s letter.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Contracts for Sale and Purchase and Addendum with Michael and Lori Melzer to purchase Parcel 21 at $10,000 and Parcel 252 at $100, and with Ricky J. Terray to purchase Parcel 799 for $2,800, for the Port St. John Connector Road project, subject to Drainage Easement from the Melzers and a Temporary Construction Easement from Mr. Terray. Motion carried and ordered unanimously.

Commissioner Cook inquired why the University of Tampa was not contacted, and have all of the recommendations of the County Attorney been included in the Contract. Transit Services Interim Director Jim Liesenfelt responded all of the recommendations were clarified in the new edition except for the reference about the travel; and the travel reference is included so the Center for Urban Transportation Research can be reimbursed.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreement with University of South Florida, Center for Urban Transportation Research, to provide general planning consultant services for SCAT.

Commissioner O?Brien stated the Board did the same Contract last year; with Mr. Liesenfelt responding staff finished the TDP last year. Commissioner O?Brien stated this is a CUTR; with Mr. Liesenfelt advising it stands for Center for Urban Transportation Research; and it is to get a general planning consultant to do several projects. Commissioner O?Brien stated this will cost no more than $150,000 for something that has already been done. Mr. Liesenfelt stated the TDP portion will cost $60,000 to $70,000; and in accordance with the Statute, that portion has to be done every three years. Commissioner O?Brien inquired if the University of South Florida is the only place that does this. Mr. Liesenfelt responded they are the only ones who have done it for Brevard County; they have done TDP?s across the State for other transit agencies; and CUTR is one of the seven or eight federally-funded transportation research centers in the country. Commissioner O?Brien stated the amount of money being expended is extraordinary when there are not even that many passengers.

Commissioner Cook stated the State law should be changed; and recommended it be included in the Legislative Package. Mr. Liesenfelt stated staff would appreciate that.

Commissioner Cook amended the motion to include direction to staff to include a proposed bill in the Legislative Package to eliminate the requirement of this service every three years. Commissioner O?Brien accepted the amendment as part of the second.

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

Commissioner Cook stated this is a Task Order to assist with the eminent domain proceeding; the rate for a secretary is $45 an hour which is not reasonable. He stated they are not doing anything that is not legitimate, but the prices are not reasonable; and he would like it to be renegotiated.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to table Task Order No. 4 with Post, Buckley, Schuh & Jernigan, Inc. for technical support in Brevard County v. A. Duda & Sons to the May 19, 1998 meeting.

County Manager Tom Jenkins inquired if this is tied to the other item tabled earlier; with County Attorney Scott Knox responding it is related, but not tied to it.

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

APPROVAL, RE: BILLS AND BUDGET CHANGES

Commissioner Cook requested Mr. Knox elaborate on the $200 per hour charge. County Attorney Scott Knox advised the courts have been approving incrementally more per hour for guardianships; and Assistant County Attorney Kyle King suggests a letter, resolution or motion by the Board requesting the Chief Judge adopt an administrative order capping the rates at something less than $200 an hour. Commissioner Cook stated the costs have been escalating; and this needs to be looked at.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the Bills and Budget Changes, as submitted; and authorize the Chairman to send a letter to the Chief Judge requesting a cap on the $200 an hour rate charged for guardianship as there is no administrative work involved. Motion carried and ordered unanimously.

Chairman Voltz stated yesterday she met with EDC Director Lynda Weatherman about the Venture Star Program; she stressed the importance of it being a Statewide issue; the County has gotten $1.6 million for funding of the program; and she set up an appointment for Ms. Weatherman to address the Florida Association of Counties at Marco Island. She stated it is important to let other counties know it is not just a Brevard County issue; and this is a good way to begin the process.

County Manager Tom Jenkins stated the EDC will prepare a list of the different sections of Florida showing how they benefit from the program.

RESOLUTION, RE: QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM (CONTINUED)

County Attorney Scott Knox stated Commissioner Scarborough inquired if a public hearing is required on the ad valorem tax exemptions; it does not say that in the Florida Statutes; however, it does say it must be done by ordinance, which does require a public hearing. He stated the EDC may be trying to get this through as an unidentified applicant because there is a provision in the Statute that implies that may be done; and read aloud from the Statute. Mr. Knox stated there is nothing in the confidentiality Statute that allows it without identifying the business.

Franck Kaiser recommended adding language to the Resolution saying "subject to compliance with Section 288.065(4), Florida Statutes" and "Section 196.1995, Florida Statutes."

Commissioner Cook stated Section 288, Florida Statutes, seems to prohibit that. Mr. Knox stated the State is responsible for approving the final tax benefit; the County can send it up; and if the State does not accept it, it will send it back down to direct it be done with the identities.

Chairman Voltz stated the State can either accept it or reject it. Mr. Knox stated all the Board is doing is making a recommendation to the State; and if it does not like the recommendation, it can always send it back to the County.

Mr. Kaiser stated the change will be acceptable as long as it can be facilitated because he does not want to put the jobs at risk.

Motion restated by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution requesting the State of Florida consider Prospect #98-03-14-041 as a qualified target industry, amended to include references to Sections 196-1995 and 288.065(4), Florida Statutes.

Commissioner Cook stated he does not want to put anything at risk, but this is not the way the Board should act; and he cannot support it. Commissioner Higgs agreed with Commissioner Cook.

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

County Manager Tom Jenkins stated the Negotiating Committee was not listed, but it will be the same as the Selection Committee except for Commissioner Scarborough. Commissioner Scarborough advised Commissioners do not serve on negotiating committees.

Commissioner O?Brien stated landfill dirt comes from Brevard Fill; Watson Paving is a part-owner; he received a price list for fill; and it appears the cost for fill is approximately half of what the County is paying for the fill coming off the Barge Canal in Merritt Island. He requested Public Works Director Henry Minneboo investigate to see if it is possible to get a better deal. He advised of the prices for the fill dirt.

Commissioner Higgs stated there is a contract for that.

County Manager Tom Jenkins stated staff will look at it.

Upon motion and vote, the meeting adjourned at 2:53 p.m.

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HELEN VOLTZ, CHAIRMAN

__________________________ BOARD OF COUNTY COMMISSIONERS

SANDY CRAWFORD, CLERK BREVARD COUNTY, FLORIDA

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