MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

July 14, 1998

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 14, 1998, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

Commissioner Scarborough advised Pastor Wilbanks? congregation was the most impacted by the fires in Mims/Scottsmoor; they had a meeting last Friday night and a lot of people shared their concerns; and requested Pastor Wilbanks share their concerns with the Board.

Pastor Wilbanks advised the State Attorney?s Office had a meeting at the Church to answer some of the questions the people had; and they are thinking about having another one because some of them did not come. He stated they appreciate Mosquito Control employees riding with fire fighters to locate some of the streets; they were not prepared for it, but have learned from it; and people are rebuilding. He noted July 18, 1998, at 4:00 p.m., the churches of North Brevard are having a barbecue to thank the fire fighters, deputy sheriffs, and everyone involved with the fires; and anything the Board can do to help those people will be appreciated. He stated the Church is located on Fairfax Avenue; they are anticipating 2,000 people; and a lot of people donated things. He stated they are sorry some people lost homes, but they praise God that a lot of them were not lost because of the willingness of the people involved.

Chairman Voltz advised Flagler County had a meeting with a lot of irate people telling the Board it did not do its job; and she is grateful that has not happened in Brevard County.

The Invocation was given by Pastor Wilbanks, First Baptist Church of Aurantia, Mims, Florida.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

County Manager Tom Jenkins introduced Dick Thompson, formerly with Florida Department of Transportation and a registered professional engineer, who has been hired as the Director of Traffic Engineering. He stated Susan Jackson is a registered land surveyor in the State of Florida; comes from the private sector; and is the new County surveyor.

The Board recognized and welcomed Dick Thompson and Susan Jackson to Brevard County.

Commissioner Scarborough advised an article in Florida TODAY Newspaper on Saturday talked about the meeting Reverend Wilbanks just spoke of; and the Scottsmoor Homeowners Association called a meeting for this evening. He stated anybody who loses a home, regardless of the circumstances, will have questions on the operation; it was a very complex operation with people who never worked together before and different agencies; and it is hopeful all the questions can be answered and those who suffered losses will have a smooth transition. He stated to say the County?s job is complete would be underestimating the work that staff is doing now to make the aftermath just as successful.

Commissioner O?Brien advised he read in the newspaper that someone from Brevard County asked the Governor to create a medal; he hopes the Governor will do that as a way to thank every person who worked on the fires; and inquired about the medal he suggested last week. County Manager Tom Jenkins advised they are working on the medal, and Florida TODAY produced 300 glossy posters as requested, and staff will be giving those to agencies and fire stations that participated.

Commissioner Cook advised the Board asked County Attorney Scott Knox for comments on the proposed Charter amendments; Mr. Knox produced a document which was given to Commissioners late yesterday pointing out areas of legal concern; and if it was not made available to the Charter Review Commission, it should be, so they will be aware of it. He suggested Mr. Knox send a copy to the Commission and attend the next meeting to answer questions regarding the document.

Commissioner Higgs inquired if Mr. Knox addressed the issue of the changes to the by-laws; with Mr. Knox responding no. Commissioner Higgs stated there seems to be some controversy regarding the change to the number of votes needed to put something on the ballot; she asked Mr. Knox for his opinion; and suggested he provide that to the Board. Commissioner Cook inquired if the Charter Commission?s attorney ruled on that; and indicated reluctance to get involved with something that is internal to the Commission. Mr. Knox stated their attorney did render his opinion. Commissioner Higgs stated the Board should be informed on something as important as the Charter Commission.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Attorney to send a memo to the Board regarding changes to the By-laws of the Charter Commission.

Commissioner Cook stated he cannot support the motion because it is internal to the Charter Commission, and he does not want the Board to appear as if it is interfering with the Commission?s operation. He stated if it is something proposed to be put on the ballot, it would be legitimate to get a legal opinion, but internal operations should be left up to the Commission and its attorney.

Chairman Voltz agreed with Commissioner Cook, and stated she cannot support the motion. She called for a vote on the motion. Motion did not carry; Commissioners Scarborough and Higgs voted aye; and Commissioners O?Brien, Cook and Voltz voted nay.

Commissioner Higgs advised it is no different than asking whether a committee acted lawfully or not; the County Attorney would just be giving his opinion on the issue she asked to have explained; it is a fundamental issue of what will come before the voters; and the Board would be well advised to be familiar with the issues involved that may likely be a source of a legal battle and injunction to stop the action of the Charter Commission. She noted whether that goes forward is yet to be resolved. She stated the issues in the memo are important and worthy of the County Attorney?s opinion; but the Board is closing it?s eyes and ears to a potential controversy; and it is wrong not to be informed. Commissioner Cook stated he understands Commissioner Higgs? concerns and may have had questions about it himself; but he is reluctant to get involved because it is a separate committee. Commissioner Higgs stated people have questioned appointments to committees and the County Attorney advised on that; this is as simple as that; she will ask the County Attorney to advise her so she can be informed; but the rest of the Commissioners will not have the advantage of that opinion.

Chairman Voltz advised she attended the Florida Association of Counties Conference on Marco Island in June; the Senate District 18 seat was up on the Board of Directors; and the person who was already on that Board had his entire Commission there to vote for him. She stated since she did not have anyone there, she was not appointed, but she was appointed as an at-large member to the Board of Directors and will be serving for one year.

Chairman Voltz advised she faxed a document to each Commissioner on the contact person for Revision 7, and would like to be that person for Brevard County. She stated they asked for Tom Jenkins and Guy Spearman?s names also, so they can get the information to the three of them to get out to as many people as possible.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of May 19 and 21, 1998 Regular Meetings, May 26, 1998 Special Meeting, and June 16, 1998 Emergency Meeting. Motion carried and ordered unanimously.

Chairman Voltz read aloud a Resolution proclaiming August 4, 1998, as the 15th Annual National Night Out in Brevard County, and encouraging all citizens to join the Brevard County Sheriff?s Office and National Association of Town Watch in supporting the program.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming August 4, 1998, as the 15th Annual National Night Out in Brevard County. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to Sheriff Phil Williams and Joe Davis, Director of the Crime Prevention Unit of the Sheriff?s Office.

Mr. Davis thanked County Manager Tom Jenkins and the Board for the Resolution and invited them to the kickoff on August 1, 1998 at Kiwanis Island Park. He stated the highlight will be the dunking booth; the Sheriff has volunteered to be in the booth; and the event is to stop the violence and encourage teen pride.

Chairman Voltz read aloud a Resolution commending Nicholas Miele, Special Projects Coordinator II with the Zoning Division, for his outstanding contributions to the citizens of Brevard County, and wishing him good health and happiness during his retirement years.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Nicholas Miele for his outstanding service to Brevard County and its citizens. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to Mr. Miele who was accompanied by his wife. Mr. Miele thanked the Board for the acknowledgment; stated it has been an adventure; and he hopes to see everyone again if the proposed ordinance he drafted comes before the Board.

County Manager Tom Jenkins advised the Employee Innovations Program awards employees who make suggestions that result in savings; and Chief Tom Long and Mary Lackovich are not here, but some of the other employees are here. He advised of the suggestions, amount of savings, and amount of awards given to LaVanda Lane, Darlis Whitaker and Chief Tom Long, Sheila Chapman, and Randy May; and noted County employees are constantly looking for ways to save the taxpayers money.

The Board acknowledged the report on the Employee Innovations Program awards.

Commissioner Scarborough advised Mary "Liz" Lackovich donated her award of $1,750 to Country Acres Parental Home. Commissioner Higgs advised Ms. Lackovich works in the District 1 Commission Office and it is a wonderful gesture.

County Manager Tom Jenkins advised the Management Certification Program involves a series of 15 classes in three phases and a test at the end; several employees did an outstanding job; Jeffrey Baron, Elizabeth Bowker, Patricia Cooper, Carol Geiger, Michelle LeBeau, Heather Lennon, Mary Scholtz, and Virginia Yuhr completed the program with honors; and Arthur Barnes, Lucinda Dann, Randy Durand, Bob Furci, Kay Perkowski, Karen Schiavone, Mary Smeltzer, Janice Taylor, Lisa Walters, and James Ward successfully completed the program.

The Board congratulated all participants who successfully completed the Management Certification Program.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with Floridron Limited, Inc. dated September 30, 1997, for improvements in South Shores, Phase II, as developer completed all infrastructure improvements. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with The Viera Company dated May 21, 1996, for improvements in Viera, Tract I, The Greens Complex, as developer has completed all infrastructure improvements. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to waive exclusivity requirement and approve a 20-foot access easement to Parcel 10.05 owned by Holly Robinson. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to acknowledge receipt of the Code Enforcement Anonymous Complaint six months report; and authorize continuation for the remainder of the one-year trial period. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to solicit bids for removal and sale of houses located at 949 and 981 S. Wickham Road, Melbourne, in conjunction with the South Wickham Road Widening Project, from U.S. 192 to Nasa Boulevard. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to extend current Contracts with Bussen-Mayer Engineering Group, Inc. and Outlaw, Rice, Soyka & Sweeney, Inc. for up to 90 days from the date of expiration; authorize completion and payment for work orders that were previously approved under the current Contracts; accept Selection Committee?s recommendation, and appoint Tom Jenkins, Scott Knox, Henry Minneboo, Jr., and John Denninghoff or their designees to the Negotiating Committee; and authorize the Chairman to execute contracts with successful firms. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with The Watauga Company, for Country Acres Parental Home Additions, increasing contract price by $260.44 and time by one day, regarding window sills requirements. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve the TDC Category B Beach Clean-up Grant Application Handbook with eligibility requirements, grants available, evaluation criteria, instructions, and forms. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to appoint Library Services Director Kathryn Stewart or her designee as the Records Management Custodian of Brevard County. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to bid renovations to basketball and tennis courts at Provost Park, award bid to qualified low bidder, and authorize the Chairman to execute the contract with the successful bidder. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to advertise request for proposals, appoint Jack Masson, Diane Tingley Davis, and Barry Portnowitz to the Selection and Negotiating Committees; authorize negotiations; and authorize the Chairman to execute a Contract for Paradise Beach Park Concession with the successful vendor. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to schedule an executive session with the County Manager and appropriate staff to discuss status of negotiations with the Laborers International Union Local 678, at the end of the regular meeting of July 28, 1998. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize entering into an informal agreement with CellTrax for a pilot BETA site for call-through wireless E-911 testing; authorize E-911 Coordinator Steve Latza to work with Dr. Rodney Bent and CellTrax to coordinate test activities on the County?s E-911 System; and grant permission to share the County?s E-911 maps with CellTrax. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to release the $250 Public Defender lien as foreclosure action is pending on property owned by David Fuller located at 1757 Zaminder Street, Palm Bay. Motion carried and ordered unanimously.

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

Chairman Voltz called for the public hearing to consider an ordinance providing licensing criteria for marine contractors. She advised she sent a memo to Del Travis about the ordinance, and he said it is long overdue.

Commissioner O?Brien stated Harry Fuller of the Contractors Licensing Board looked at it and said the contractors who build seawalls should be competent; and it does not take engineering skills to pass the test.

There being no further comments or objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 22, Article VI, Division 1, Code of Ordinances of Brevard County, Florida; specifically amending Section 22-478 to eliminate the grandfathering of Alarm I and Alarm II contractors; to include the certificate of competency requirement for marine contractors I and II; eliminating dock construction as a type of specialty contractor and renumbering; to clarify the definition of contractor; amending Section 22-523, to clarify experience prerequisites to taking examinations; amending Section 22-525, to allow journeyman reciprocity consistent with Sections 489.1455 and 489.5335, Florida Statutes; amending Section 22-529 to include marine contractor I and II as classes of certificates of competency and renumbering; amending Section 22-531 to clarify designee and include registration fee for journeyman reciprocity; amending Section 22-533 to include punctuation for clarification, and restrictions on the practice of marine contractors; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider an ordinance requiring building permit for seawalls on man-made bodies of water, and creating construction standards for seawalls.

Commissioner O?Brien advised he was advised that the ordinance does not allow building of structures within ten feet or more of the seawall; that eliminates a boathouse which would be appropriate on a dock; so staff should redress that. He stated the ordinance also precludes minor repairs; and people should be allowed to repair their own seawalls. Commissioner Higgs stated if the repair is less than 50%, they do not need a permit. Staff person stated no permit is needed for minor repairs, but if they are removing pilings or structures, other than surface wood, they need it.

Ron Pritchard stated it was not the intent to make it difficult on the homeowner; it requires licenses and permits so seawalls can be done properly; but if clarification is needed, it should be taken back to staff to do it right.

There being no further comments or objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Cook, to continue the public hearing on an ordinance amending Chapter 22, adding Article VII, Seawall Construction, Code of Brevard County, Florida; establishing the requirement of a construction permit for seawalls on man-made bodies of water within the unincorporated areas of Brevard County; the requirement to submit drawings as per construction standards for seawalls not exceeding five feet in height; the requirement that seawalls over five feet in height shall require sealed engineered plans to be submitted for a building permit; providing severability; and providing an effective date, until August 4, 1998. Motion carried and ordered unanimously.

Chairman Voltz advised August 4, 1998 is not 30 days.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to change the meeting date to August 18, 1998. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider an ordinance requiring working drainage system before issuance of certificate of occupancy.

Community Development Administrator Peggy Busacca requested the public hearing be continued for additional information.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to continue the public hearing on an ordinance amending Chapter 22, Buildings and Building Regulations, Article II, Technical Codes, Division 1, generally; specifically amending Section 22-48 floor elevation to be above grade of adjacent thoroughfare; requiring working drainage system before issuance of certificate of occupancy; authorizing building official to hold certificate of occupancy until drainage system is operational; providing enforcement; providing applicability in unincorporated areas; providing interpretation of conflicting provisions; providing severability; providing an effective date, until August 18, 1998. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider updates to the Surface Water, Sanitary Sewer, Recreation and Open Space and Capital Improvement Elements of the Comprehensive Plan.

Surface Water Element

Planning Manager Mel Scott advised the Surface Water Element was brought before the Board on May 12, 1998; the Board pointed out some erroneous cross references, and staff made some corrections; and there are a few directives that were placed in the body of the Element verbatim.

Commissioner Higgs advised frequently the Comprehensive Plan deals with the need for future ordinances by a certain date; one area that lacks protection for surface water is control of the use of pesticides, fertilizers, and herbicides within 50 feet of the Lagoon or waters that feed into the Lagoon; and suggested the Board include it in the Element or give direction to staff to come back with an ordinance that controls the use of chemicals near waters that feed into the Lagoon and adjacent to the Lagoon within 25 feet as opposed to 50 feet. Se noted in some cases it would be less where the lots are less. She recommended including, "By the year 2000, the County will adopt an ordinance which controls the use and application of any fertilizers, herbicides, pesticides, or other chemicals within 25 feet of any water body connected to the Indian River Lagoon"; and direct staff to come back to the Board on that issue.

Commissioner Cook advised it will affect homeowners, and although it is not a bad idea and he does not mind staff coming back on that issue, he would like to know more about the impact.

Chairman Voltz recommended staff determine if that requirement is in any other counties? comprehensive plan that have lots along coastal waters, the St. Johns River, etc., not only those waters that flow into the Indian River.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to provide information to the Board in 60 days regarding an ordinance to control the use and application of fertilizers, herbicides, pesticides, and other chemicals within 25 feet of any water body connected to the Indian River Lagoon, and how it affects property owners. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the update to the Surface Water Element. Motion carried and ordered unanimously.

Sanitary Sewer Element

Mr. Scott advised On May 12, 1998, staff incorporated an idea that would serve to lower an economic hurdle for package treatment plants becoming a viable alternative for a developer; per Board direction, they have reinserted that hurdle; and they eliminated duplicative policies, dates, etc.

Commissioner Cook inquired if the Element is the same as it is now; with Mr. Scott responding yes. Chairman Voltz inquired if the County will not allow package plants; with Mr. Scott responding it will allow them with certain requirements.

Commissioner Higgs inquired about including provisions for a water/sewer district if the Board decides to move in that direction; with County Attorney Scott Knox responding eventually that would be a good idea, but it is not necessary to pursue that action since it has been authorized already. Commissioner Higgs inquired if it can be inserted when the Element comes back to the Board for adoption. Mr. Knox inquired if it will be transmitted to Department of Community Affairs for approval; with Mr. Scott responding it will be transmitted on August 4, 1998, when staff will ask for permission to transmit. He stated they have nine Elements and are doing it piecemeal; and if the Board wants it in the Comprehensive Plan, they can insert that idea when it is fully formulated and comes back to the Board for adoption some time in October. He stated they will transmit the updates to D.C.A. on August 4, 1998; it takes a few months for D.C.A. to formulate its objections, recommendations and comments report; and it will be brought back to the Board for adoption in October.

Community Development Administrator Peggy Busacca advised if there will be concern from a city or a city becoming a potential intervener, it should be put into the transmittal form, because if something is put in the adoption form and has not been reviewed at transmittal, there is more opportunity for it to be found in noncompliance or for interveners to have more standing.

County Attorney Scott Knox advised there could be a procedural deficiency if the Board did not transmit it first and have the ORC Report come back from Department of Community Affairs on the issue; so it would be better to give it to the Board on August 4, 1998 if it is going to have it.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to develop appropriate language to insert provisions for a water/sewer district in the Sanitary Sewer Element for transmittal. Motion carried and ordered unanimously.

Recreation and Open Space Element

Mr. Scott advised Chapter 163 and 9.J-5 require comprehensive plans to have specific regulations and numbers; there were a lot of specifics that are not mandated by Department of Community Affairs; so to keep the intent of streamlining and removing duplicates, staff removed specifics which are reinforced by local Ordinances, such as oceanfront breezeways, riverfront breezeways, scenic vistas, and the landscape regulations.

Commissioner Cook recommended including public access to particular parcels and parks bought for conservation. Mr. Scott advised Policy 2.6 states, "enhance the existing public access"; and staff needs to provide public access, evaluate accesses that have been created, and identify future needs. Commissioner Higgs suggested including all public lands instead of just beaches and shores; and Commissioner Cook agreed. Commissioner Cook inquired if staff is bringing it up to three acres per 1,000 people ratio; with Mr. Scott responding yes.

Discussion ensued on providing public access to appropriate lands and facilities, not only parks, but also lands purchased under the EELS Program, and not jails or other inappropriate facilities.

Commissioner Higgs recommended using beaches, shores, parks, and conservation lands by providing additional facilities as determined by need, character, and as funding becomes available, which is consistent with the management plans.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to include public access to beaches, shores, parks, conservation lands, and include need, character of the land, and funding availability as factors in the Recreation and Open Space Element. Motion carried and ordered unanimously.

Commissioner Higgs advised removing Policies 1.1.2. through 1.1.6. will take out the reference to breezeways; and people may perceive that the Board is eliminating breezeways. She stated the same is true of Policy 1.2.3. referring to landscaping; and recommended they not be removed, as they reiterate what is in the Ordinances.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to include Policies 1.1.2. through 1.1.6. and 1.2.3. in the Comprehensive Plan transmittal.

Commissioner Scarborough inquired if there is a problem having those requirements in the Comprehensive Plan and LDR?s; with Mr. Scott responding no. Chairman Voltz advised staff was asked to strike duplicate language and that is what they did. Commissioner Cook stated they are all reflected in current Ordinances; and the reason they were taken out was to make the Comprehensive Plan more general in nature. Commissioner Higgs stated there are Ordinances that implement those requirements, but as directives in the Comprehensive Plan they reiterate the Board?s commitment to landscaping and appropriate breezeways.

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

Commissioner Higgs stated Policy 2.2.4. states, "Encourage cultural and related programs"; that is the only reference to cultural programs; and since the Board implements the cultural grants program each year, it may want to delete that item.

Chairman Voltz stated there may come a time when the Board cannot give cultural grants; and Commissioner Cook stated the funding varies each year. Commissioner Scarborough stated Mr. Nelson told him sometimes it helps to get grants if it is part of the Comprehensive Plan.

Discussion continued on the community cultural grants program.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to leave Policy 2.2.4. in the Comprehensive Plan.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to amend the motion to delete the cultural grant program as being the only program, leave in "Brevard County shall encourage cultural and related programs," and delete the nine member committee and the grants handbook. Motion carried and ordered; Commissioner Higgs voted nay.

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

Capital Improvements Element

Mr. Scott advised Department of Community Affairs mandates a certain degree of duplicity with the Capital Improvements Element; it has been re-crafted to cross reference Elements, specifically where the issue is most thoroughly discussed; and that is the biggest format change made to the Element. He stated if someone wants to know about transportation, they would not focus on the CIE but go to the Transportation Element, etc.; and another unique thing about the Element is there is a lot of data up front and in the back that they can amend because they reflect fiscal conditions.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Capital Improvements Element as submitted. Motion carried and ordered unanimously.

EDC Vice President Franck Kaiser advised the Boeing Company is contemplating new launch facilities for its Delta IV being built in Alabama; that would be an investment of $250,000,000 in two years and 400 high-paying jobs; and it will create 600 good paying construction jobs. He stated the State offers incentives in terms of grants to governments like Brevard County to improve roads to have that project here; it is a $1.49 million grant if approved by Enterprise Florida and the Governor; there will not be expense to the County; and it will be fully funded by the State grant. He stated any other expenses will be borne by the Company; and requested the Board submit the application on behalf of Boeing.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize submission of application to Economic Development Transportation Trust Fund, on behalf of the Boeing Company; and authorize the Chairman to sign the application and all related documents. Motion carried and ordered unanimously.

Sheriff Phil Williams advised they reduced the budget by $800,000 to $2.1 million; and after negotiations with County Manager Tom Jenkins, the issue is a shortfall of $600,000. He stated the goals identified are: (1) professionalism, (2) enforcement, and (3) prevention programs; they can continue this year with professionalism and enforcement, but the shortfall will be in capital and prevention programs; and they cannot maintain those without the $600,000. He advised of increases and decreases in certain crimes, training of officers in a 17-week program prior to putting them on the road, needed positions, grants, and changes in operations to better use resources and provide measurable outcomes, and changes in the reporting system providing for more accuracy. He stated the civil pay plan increase has a 1% shortfall; operations and capital were reduced; that will take them below their operating expenses of the current year; and they cannot do it.

Gordon King from Eagles Landing in Suntree, Bill Cabrear, Mary Tees from Port St. John Homeowners Association and AARP, Harold Tompkins, Doris Olson, Maureen Rupe, Jeanne Nadle, Cliff Braun, and Ben Amato, COP volunteers, all spoke in support of the Sheriff?s budget, primarily salary increases for deputies.

Sheriff Williams reiterated previous statements about crimes, significant cuts, and internal changes; stated the Board heard from the citizens who realize the importance of substantial wages; and requested the Board review its budget and make up the shortfall.

Commissioner Higgs advised the memo from Mr. Jenkins indicated the $600,000 would result in two programs not being funded; a lot of people spoke for additional pay for deputies; and that will be funded. Sheriff Williams advised if they are forced to eliminate something, it will be the prevention program which would be detrimental. Commissioner Higgs stated the budget Mr. Jenkins is recommending includes additional pay for deputies, but not the Alternative Sentencing and DARE Programs.

Commissioner Cook inquired if the increase is $2.1 million; with Budget Director Kathy Wall responding, no, it is recommended at $1.5 million. Sheriff Williams advised $2.5 million is what they requested. Commissioner Cook stated the original request was $2.9 million; the salary increases was never in question; but the Board will have to look at other things.

Commissioner O?Brien advised parts of the budget request allows the men and women to protect themselves from derelict citizens; the salary increases for deputies is the most important thing the Board can do in exchange for their courage; it is an investment in the highest quality of service; and he will support the step pay plan for deputies and the increase for civilians. He stated training and experience is important, but if the staff cannot locate $660,000, and the only way to do it is to raise taxes, that is not in the equation. He stated on Thursday the Board may or may not find the money; it may not be able to do it this year; but it will ensure the deputies receive decent wages.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to continue discussion on the Sheriff?s proposed FY 1998-99 budget until July 16, 1998. Motion carried and ordered unanimously.

The meeting recessed at 11:20 a.m., and reconvened at 11:29 a.m.

Chairman Voltz advised Melbourne, West Melbourne, and Palm Bay made their recommendations. Commissioner Scarborough stated he has a problem with this item because they all sat on the Subcommittee, and their positions are recorded in the Minutes. He inquired why should the Board reiterate it when the record will go to all the members of the MPO. He stated he will vote against it because it is procedurally incorrect. Commissioner O?Brien stated they all voted in the Subcommittee meeting, so it is not necessary or proper to consider this item since they cannot come up with different recommendations; and recommended the Board take no action.

Sue Hann, representing the City of Palm Bay, advised the City of Palm Bay Council?s priorities are: (1) the intersection improvements at Minton and Emerson, Minton and Palm Bay Road, and signal system improvements in that general area; (2) the beltway, with a desire for an interchange somewhere at U.S. 192 or north of it, tying in with the Airport?s proposal or somehow linking it with I-95 so there is a smooth transition for traffic from the south going north; (3) Palm Bay Road Extension, listed as D3; (4) Power Line Road, between Minton and Palm Bay Road; (5) Malabar Road Widening Project between Minton and Jupiter; and (6) Jupiter Boulevard Widening between Malabar Road and Emerson. Commissioner Higgs inquired if the City made any recommendations regarding limited access on the beltway; with Ms. Hann responding it was not included in the motion as it was not presented to the Council to take a position; but the Council would be willing to consider access control on the beltway as they get into more specific details on the design.

City Manager of West Melbourne Mark Ryan advised the City Council endorsed the recommendations of the Subcommittee for the Southwest Brevard Transportation Study with one caveat; it recommended north of the C-66 Canal, a Palm Bay Road extension, that the beltway be a limited access facility, and that land uses abutting the new beltway be controlled land use so it does not promote urban sprawl.

City Manager Henry Hill of Melbourne, advised the City Council ratified the Study, expressed preference for the D3 alignment, and of particular concern was that the beltway not be used to promote urban sprawl. He stated they want to encourage that any design be a controlled access facility and any land use abutting the beltway be carefully scrutinized by all the parties so they do not have the situation of replicating the problems eastward of where the beltway may go through.

Micah Savell advised several years ago he built a convenience store at the intersection of Palm Bay and Minton Roads; at that time the County required him to build a five-lane road for the future extension of Palm Bay Road to the west; now it looks like that has changed and they are rerouting it. He requested an opportunity to make a presentation to the MPO, which would require more than 3 or 5 minutes, to portray the project and/or rebut information provided by others. He stated he is under contract to acquire approximately 20 acres and is willing to donate to the County the remaining right-of-way that is necessary to complete the extension going west at no cost, and provide six acres for retention to handle stormwater and runoff. He stated that would save the County between five and six million dollars and put the taxpayers? dollars to good use. Commissioner Higgs requested a summary of the presentation in writing be given to each Commissioner so they can be prepared before that meeting. Mr. Savell advised he will try to have that to the Commissioners by Thursday; his engineers have been working very hard to put everything together; it is a large undertaking and amounts to a lot of savings; and their only concern is whether or not they can provide retention all in one area. He requested the Board assist him in making a presentation to the MPO.

Commissioner O?Brien inquired if Mr. Savell made a presentation to County staff; with Mr. Savell responding no. Commissioner O?Brien recommended Mr. Savell approach staff with his concept, and staff advise the Board of the major thrust of his ideas and if it is viable or not. He noted after speaking to County staff, they will find a way to let him make a presentation to the MPO.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to advise the MPO that the Board?s comments are incorporated in the minutes of the Subcommittee meeting, and it is beneficial to let that speak for the Board. Motion carried and ordered unanimously.

Susan Simoes, President of BIPPA, requested the Board consider approving a library in Melbourne Beach, and obtaining an appraisal of the property to determine what Mr. Savell is asking is a proper figure for the parcel. She stated it is a prime location; BIPPA had a meeting with 24 homeowners association presidents or representatives; and they have a petition supporting a library at the corner of Oak and Ocean Streets with over 800 signatures and no objections. She stated if there will be an MSBU, an appraisal will be needed.

Commissioner Higgs advised there are two prices, one for sale and one for lease, but if the County builds something on the site, it would have to purchase the land.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to obtain two appraisals on Micah Savell?s property to determine if the proposed purchase price of $1,060,000 is reasonable, and continue to consider the site for a proposed South Beaches library.

Commissioner O?Brien stated the Charter Review Commission is proposing that every time the County buys an acre, it has to sell an acre, and leasing would go around the public will.

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

Commissioner Scarborough advised he and Commissioner Cook can go to the East Central Florida Regional Planning Council meetings and express their individual opinions, but the bigger issue is what the Board expects if it remains a member; and this is the appropriate time to say what is essential to move forward. He stated he would like a different composition of the Council to include representatives from Kennedy Space Center, F.I.T., Disney World, and other players who create the most dynamics in communities; and if it stays in its current mode, it will be a failure.

Commissioner Higgs inquired if the Board needs to make a decision today; with Commissioner Scarborough responding he needs to take something from the Board to the Council suggesting what it would like to see accomplished. He stated the Chairman should contact the Chairman of Orange County Commission. Commissioner Higgs stated the importance to Brevard County is being able to sit at a table and plan sewers, water, roads, and evaluate regional concepts. She stated the RPC is doing evaluation studies for Brevard County; and the Board needs to know the status of grants from Department of Community Affairs for hurricane studies.

Commissioner Cook stated the Board paid $60,000 and got nothing; it is not allowed to vote on the budget of the Council; and it may be easier to establish a new entity than to redefine an entity that may not be functional. He noted Orange County withdrew and won its lawsuit. Commissioner Scarborough stated Seminole County dropped out because it was disgusted; however, it would be a loss of potential of what Brevard County could become. He stated it has more components than other Counties except Orange County and it is strategically located.

Chairman Voltz advised she talked to Chairman Linda Chapin while in Tallahassee and told her what the Board thought the RPC should be; and inquired if she should contact her again, or if the Board wants to meet with the Orange County Board. Commissioner Cook stated they need to talk Board to Board; Orange County has a huge planning staff; and if the RPC is no longer useful, they should move to the next level at less cost. Commissioner O?Brien suggested hiring two planners for the money being paid to the RPC now, and once a month meet with Orange County to discuss regional planning. He stated if it goes nowhere, then the positions could be cut. Commissioner Cook stated they could rotate the host County. Commissioner Scarborough stated having joint meetings with Orange County could be dynamic, but the Chairman should talk to Chairman Chapin first.

Commissioner Cook stated he cannot see the benefit of going over to the RPC meetings until this is settled. He stated there is no regional planning without Orange County; and the Board may need to look at other options.

Commissioner O?Brien recommended staff come up with ideas and concepts before contacting the Chairman of Orange County, and get approval from the Board to allow the staffs to work together.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to contact Linda Chapin, Chairman of Orange County Commission, to get approval for the planning staffs of Brevard County and Orange County to work together on a conceptual package for regional planning prior to considering a joint meeting with Orange County. Motion carried and ordered unanimously.

Todd Willems requested the Board consider reducing the Code Enforcement fine and release of lien.

Commissioner Cook inquired if the violations have been corrected; with Mr. Willems responding yes, his property is in compliance.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the Special Master?s recommendation to reduce the fine to $1,500 for Todd Willems, and execute partial release and satisfaction of lien upon payment of the reduced fine. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Budget Change Request transferring $50,000 from TDC Reserves for Future Disaster to Media Promotion and Advertising, to inform the public about the smoke, fires, open roadways, hotels and attractions. Motion carried and ordered unanimously.

Commissioner Scarborough advised rather than piecemeal, staff should contact the newspapers and put something out that is user friendly.

Community Development Administrator Peggy Busacca advised staff put together a one page information sheet from different groups on emergency information; and it will cost $2,772 to run a full page, and $1,386 for a half page distributed county wide including throwaways and graphics.

Commissioner Voltz inquired who will pay for the advertisement; with Commissioner Scarborough responding the County General Revenue.

Discussion ensued on the appropriate information to disseminate, people impacted by the fires, motel and hotel owners impacted, and putting the information on the Web instead of advertising in the newspaper. Commissioner Scarborough requested the Board consider it on Thursday, and suggested making copies available at post offices.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to waive building permit fees for victims of fires in Brevard County.

Commissioner Higgs advised the Board did not waive building permit fees for victims of Hurricane Erin nor for those homes destroyed in regular fires; and inquired if the Board is willing to do the same for everyone whose house is destroyed.

Commissioner Scarborough stated people hardest hit have the least amount of money; it will not be waived if there are funds from somewhere else; but he does not want to leave people homeless. Commissioner Cook suggested waiving fees for natural disasters. Commissioner O?Brien recommended directing staff to develop a policy when specific areas are declared an emergency. Commissioner Higgs inquired if the Board plans to waive fees when a local state of emergency occurs. Commissioner Scarborough advised staff is working with each individual; if funds are available through insurance, etc. they would pay the permit fee; however, if there is no insurance, funds from agencies, or donations, the policy should authorize waiver of the fees.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to amend the motion to waive the building permit fees for replacement of structures destroyed during the fires in North Brevard in those instances where no other funding source for the fees is identified; and direct staff to develop a policy to deal with permit fees for areas declared disasters or emergencies, and return it to the Board for consideration.

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

Commissioner O?Brien inquired why is Department of Environmental Protection providing the grant for a child care center; with staff responding it is a community center.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to execute Amendment to Grant Agreement with Florida Department of Environmental Protection extending time for completion of renovations at Harry T. Moore Center until December 31, 1998. Motion carried and ordered unanimously.

Commissioner Cook inquired if the proposed ordinance would require lights unless exempt by the County; with Community Development Administrator Peggy Busacca responding if Mosquito Control and other low-flying aircraft would not be in the vicinity of the tower or one is immediately adjacent to another, it may be possible not to light all of the towers. Commissioner Cook stated that is a lot of discretion and least amount of fairness. Ms. Busacca stated Mosquito Control and aviation would not have a problem removing that language. Commissioner Cook recommended the language be removed and all towers have red lights.

Chairman Voltz stated if all the towers have lights, the area would be dotted with red lights and appear like tons of towers. Commissioner Cook stated it does not have to be retroactive.

Commissioner Higgs stated the request is permission to advertise a public hearing; after it is advertised, things can be removed; but if four towers are in close proximity of each other, there may not be a need for all four towers to have lights. Commissioner Cook stated the Board could be liable if an exempt tower is involved in an accident.

Commissioner O?Brien advised most planes have to fly 500 feet minimum; towers range from 60 to 200 feet; and advised of a tower about 40 feet from his home with a blinking red light. He stated FAA does not require lights on all towers; and suggested radio control of lights on towers. Commissioner Cook stated another option is the FAA requirement of 200-foot towers or greater requiring lights.

Environmental Services Administrator Stephen Peffer advised FAA requirements are sufficient regulations for airplanes; Mosquito Control flies lower than FAA regulations; helicopters that were fighting fires flew low and had limited visibility; so those lights are needed. He stated it would only be for the unincorporated area, but could go into the incorporated areas with notification to the cities.

Commissioner Scarborough recommended staff share the ordinance with the Airport Directors of Melbourne and Space Coast Executive Airports as well as Division of Forestry and Mosquito Control, and request their recommendations.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table permission to advertise ordinance regarding lighting of towers and antennas for more information. Motion carried and ordered unanimously.

Guy Spearman, Lobbyist for Brevard County, praised the Brevard County Legislative Delegation that worked very well together this year and was actively involved with the County?s issues, and Chairman Voltz for taking the time to come to Tallahassee and work issues when needed. He advised of coordinating the County?s issues with the Delegation, to help them remember where the home issues were, as they have issues from Pensacola to Key West to consider; extensive work on the beach renourishment money with a dedicated funding source for the future; success with other members of the Legislature to keep the House and Senate informed; and working with different subcommittees, particularly in the appropriations process. Mr. Spearman stated it is a complicated process that requires time and effort; and the Delegation was always willing to help in getting funding for Brevard County projects. He advised of an unusual process in the House limiting filing of active bills to four and carrying forward bills from the year before which impacted the ability to get sponsors; and noted he does not think it will continue next year, even though there will probably be restrictions on the bills filed. He advised he scheduled visits to Brevard County for the President and Minority Leader of the Senate, Speaker Designate, Appropriations Chairman, and Minority Leader of the House, to see what Brevard County is doing, as there are a lot of issues that are top driven. Mr. Spearman advised he has enjoyed working with the Board; it is rewarding to represent the County he lives in; other counties have approached him to represent them, but he has rejected their business; and it is important for the Commission to participate as it has shown a great deal of benefit to Brevard County. He stated he was heavily involved with Enterprise Florida on the TiCo Road project, and instrumental in obtaining funding for that project. He thanked Chairman Voltz for helping with the funding for the Juvenile Assessment Center; and noted Brevard County is the only county that got money again. Mr. Spearman stated the money the County received is more than a fair return on the money it paid him; he feels he was underpaid this past year; and requested the Board increase the fee to what he asked for originally. Chairman Voltz inquired if the increase is to $50,000; with Mr. Spearman responding yes. Chairman Voltz advised Mr. Spearman set up the appointments with appropriate people while she was in Tallahassee, and if he did not do that, it would have been difficult.

Commissioner O?Brien advised Mr. Spearman as a lobbyist is an investment because of his ability to sell Brevard County to others who do not live here, knowledge of the system, and personal contacts. He stated he brought in the money for TiCo Road, worked on the Sea Ray Road project for a new building and 400 new employees, and got Brevard County to the top of some funding lists; and next year the Board will be asking him for other projects. He stated Merritt Park Place redevelopment needs sewers so they can shut down septic tanks and clean up the Indian River; it is important to bring top State personnel here to be familiar with Brevard County, Venture Star, beaches, etc.; and they would have no reason to come unless Mr. Spearman invites them. He stated he is in favor of renewing Mr. Spearman?s contract as it is good business.

Commissioner Scarborough stated he voted against the Contract because in his experience he has not seen benefits from a lobbyist; however, Brevard County did benefit this year, so he will support it. He suggested a workshop with Mr. Spearman to strategize proposed legislation rather than just putting things together and taking it to the Delegation, or a joint meeting with the Delegation to get feedback on issues. Commissioner Higgs stated a workshop with Mr. Spearman on what the Board wants to do and what its best potential is would be a good idea; however, a joint meeting with the Delegation may not be the most productive way to do it. She noted the Delegation would be best served if the Board identifies how to be most effective with Mr. Spearman?s assistance.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute the Renewal Agreement with Guy Spearman at $50,000 from October 1, 1998 through September 30, 1999. Motion carried and ordered unanimously.

Jackie Gregory, Chairman of North Brevard Beautification Commission, advised the Commission has been promoting beautification, clean environment, and protection of natural resources for 30 years; and she is here to support a bold proposal. She stated generally landscape design and installation, combined with adequate irrigation is accomplished with a tolerable amount of delay and frustration; the major problem is maintenance; and Greg Pelham?s memo to Mr. Jenkins dated June 30, 1998, gives the annual cost of maintenance contracts, but it does not include the time and money lost due to lack of response from contractors. She stated often a contract must be put out more than once and meanwhile the project is allowed to deteriorate; sometimes it results in loss of plant material and even whole projects; those add to the expense of contracts and does not solve the maintenance problem; however, there is a solution. She requested the Board consider a separate department devoted exclusively to landscape design, installation, and maintenance for all County properties; consolidation would provide a more efficient operation and better control; and an adequately staffed nursery would supply the plant material needed for initial projects and replacement. She noted an added benefit is an experienced crew instantly available for clean up following severe storms or hurricanes, allowing the Road and Bridge crews to concentrate on their primary responsibilities. Ms. Gregory stated the ability to contract quality maintenance will continue to diminish; a department dedicated to landscape operations will ensure better control, consistent application of herbicide and pesticides, promotion of healthier plant material, and uniform care. She noted it will increase staff efficiency due to less contractor oversight, provide better appearance due to pride in workmanship, and have faster start up and completion schedules for projects. She requested the Board give serious consideration to the merits of the proposal if Brevard County is to stay on the level with neighboring counties.

Chairman Voltz advised at a workshop in January, 1998, the Board talked about that issue when it discussed landscaping the highways. She stated the plant material at her office is dead and looks terrible.

Commissioner Scarborough advised Public Works has run through numerous contracts which has taken up high-level staff time; they are responding to calls of dissatisfaction; not only Road and Bridge, but the Libraries and Justice Center are having landscape maintenance problems; and Ms. Gregory is suggesting someone capable to handle all the County?s facilities and reduce the overall cost because it would not use man-hours going back out and contracting for the service several times a year and losing plant material in the interim.

Commissioner Cook stated the projected cost of $675,000 annually and $321,000 one time start up which is close to $1 million. Ms. Gregory stated it is not carved in stone; and Commissioner Scarborough stated there are questions about the facts. Commissioner Cook stated that is the only information he has. Chairman Voltz stated the money currently being spent on contracts and all the staff time would probably add up to that cost.

Commissioner Higgs advised private contractors are a good way to go; perhaps the problem is the structure of the bid specifications and contracts; they may not adequately describe what the County wants done; and often they select the low bid as opposed to some criteria for stability and ability to

maintain a contract. She stated she is not ready to move in a different direction, but would recommend revising contracts to see if there is a better way to do them, and look at the bid specifications for small jobs rather than low price, including building maintenance.

Commissioner O?Brien stated Merritt Island Redevelopment Agency has a similar problem getting someone to maintain SR 520 landscaping; it is not a five-day week job so they combined it with another section of SR 520; and if the Board looked at the contracts for libraries, Government buildings, highways and roads, it may find it could do a better job than privatizing. He stated staff needs to determine the impact privatizing has and if the cost would be less to do it in-house. He stated the County is not getting the quality it is paying for; they are not doing the job or showing up; and it is a nightmare.

Commissioner Cook stated the last resort would be creating a new department; they are talking about 20 maintenance workers, and a labor supervisor; and those costs would continue year after year. He stated if it can work through management of the contracts, he would like to pursue that; he does not disagree there is an enormous problem with landscape contractors county wide; but looking at the structure of the contract, monitoring the contract, and adding penalties or something would be the first option.

Commissioner Scarborough reiterated the use of high-level staff time; and stated $264,000 is an under-estimated cost because it does not take into consideration staff time to go out every few months to redo contracts. He stated if there is an easier way to do a contract, Commissioner Higgs should share it with Mr. Minneboo. Commissioner Higgs stated staff needs to re-look at the way it is bidding contracts, what the criteria is on selecting bidders, and the structure of the contracts, and make changes to improve the situation rather than hire 20 people. Commissioner Scarborough stated he is willing to try it, but they need new ideas because everything that appeared to make sense has failed.

Chairman Voltz advised there are a lot of landscaping businesses that go out of business; and that is a fundamental problem. Commissioner Higgs suggested staff look at the criteria for bids to ensure people are in the business more than 30 days; and inquired if the Sheriff was requested to bid some of the contracts through the Alternative Sentencing Program. Commissioner Scarborough stated that is integrated in the numbers, as they are being used by Mr. Minneboo for certain jobs.

Discussion ensued on the Sheriff bidding certain government functions, benefits of having a landscaping department, lack of uniformity, Port Canaveral hiring Johnson Control to perform maintenance at Jetty Park, management of the contracts, structure of contracts, and bid procedure of accepting low bids.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to report back to the Board on new ways to accomplish landscape maintenance. Motion carried and ordered unanimously.

Commissioner Cook advised he would like to have the contracts come back to the Board as they do not have cost figures.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize extension of current Contracts with Bussen-Mayer Engineering Group, Inc. and Outlaw, Rice, Soyka & Sweeney, Inc. up to 90 days from the date of expiration; authorize completion and payment for work orders previously approved under the current Contracts; accept the Selection Committee?s recommendations; appoint Tom Jenkins, Scott Knox, John Denninghoff, and Henry Minneboo or their designees to the Negotiating Committee; and direct that contracts come back to the Board for execution. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission to advertise Request for Proposals for Paradise Beach Park Concession; appoint Jack Masson, Diane Tingley Davis, and Barry Portnowitz to the Selection and Negotiating Committees; authorize the Negotiating Committee to negotiate with the top ranked firm, and if agreement cannot be reached, to negotiate with the next highest firm, in order, until an agreement is reached; and direct staff to return the Contract to the Board for execution. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 1:27 p.m.

ATTEST: __________________________________

HELEN VOLTZ, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

_________________________

SANDY CRAWFORD, CLERK