The Board of County Commissioners of Brevard County, Florida, met in regular session on May 4, 1999, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Helen Voltz.

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

WELCOME BACK

Chairman Scarborough welcomed back Commissioner O'Brien who had been absent due to illness.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of the February 25, 1999 Special/Workshop meeting and the March 4, 1999 Regular meeting. Motion carried and ordered unanimously.

AUTHORIZE EXECUTIVE SESSION, RE: CASTANEDA CASE

County Attorney Scott Knox requested an executive session to discuss the Castaneda case after the next regular meeting.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize holding an executive session to discuss the Castaneda case after the May 11, 1999 Board meeting. Motion carried and ordered unanimously.

REPORT, RE: PLEDGE OF ALLEGIANCE

Commissioner O'Brien stated the Pledge of Allegiance is not mandated in schools; and recently there was an attempt to pass a law so it would be recited in classrooms.

Commissioners Voltz and Carlson advised it is recited at some schools.

REPORT, RE: SR 528 RAMP WIDENING

Commissioner O'Brien stated the ramp from SR 3 to SR 528 west is finally finished; advised of previous problems with merging cars; and congratulated FDOT for fixing the problem.

DISCUSSION, RE: BUSINESS DEVELOPMENT INCENTIVES

Commissioner Carlson requested item VI.E.4, discussion of business development incentives, be withdrawn. She stated it was changed yesterday; it was about tax abatement issues; and on May 25, 1999 Chas Hoyman and Lynda Weatherman will be presenting some things about the current tax abatement rules. She requested permission to meet with Mr. Hoyman and Ms. Weatherman to discuss the issue and get feedback.

Chairman Scarborough stated the Board has discussed this over a period of time in different ways. He advised Commissioner Carlson never has to ask permission to talk to anybody because she has that absolute authority as a Commissioner. Commissioner Carlson stated she just wanted to acknowledge the fact that she would be talking to them before they come to the Board.

DISCUSSION, RE: VISIT FROM JAMES MCDONOUGH

Commissioner Voltz stated next Tuesday the State Drug Czar, Mr. McDonough is coming to speak to the Board between 10:00 and 11:00 a.m.; and afterwards there will be a lunch for Mr. McDonough to which the Board has been invited.

Chairman Scarborough stated Mr. Jenkins was talking about having a limited number of items at the next meeting; and inquired what item would be first in the morning; with County Manager Tom Jenkins responding vested rights. Chairman Scarborough stated in the afternoon, the Board will discuss performance zoning. Mr. Jenkins noted Mr. Kendig is coming at 1:00 p.m. Chairman Scarborough inquired if the vested rights issue could be done in one hour; with Assistant County Manager Peggy Busacca responding the Planning and Zoning Board took approximately 3 hours, with the applicant's presentation taking approximately one hour.

Discussion ensued on scheduling for the next meeting.

Chairman Scarborough recommended scheduling Mr. McDonough at 11:30 a.m. and Mr. Kendig at 1:30 p.m. Commissioner Voltz stated she will work out the details.

RESOLUTION, RE: PROCLAIMING NATIONAL CORRECTIONAL OFFICERS APPRECIATION WEEK

Commissioner Voltz stated Friday evening she spent several hours at the Jail to observe the overcrowding; while she was there she saw a banner for National Corrections Week; and read aloud a resolution proclaiming the week of May 2 through 8, 1999 as National Correctional Officers Appreciation Week.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 2 through 8, 1999 as National Correctional Officers Appreciation Week, and encouraging all citizens to recognize the unselfish commitments made by correctional officers throughout the Nation. Motion carried and ordered unanimously.

Commissioner Voltz presented the Resolution to Lt. Toni Merritt. Lt. Merritt stated she accepts the Resolution on behalf of all correctional officers; in the past year in the United States, over 60 officers have lost their lives; and expressed appreciation for the Resolution.

DISCUSSION, RE: LETTER TO GOVERNOR

Chairman Scarborough stated the Commissioners should have received a copy of a letter to the Governor which he will send on behalf of the Board addressing some of the items that went through the Legislature and are now before Governor Bush.

Commissioner O'Brien stated in the past few months items have been showing up under Reports, not allowing the Commissioners adequate time before they have to vote on them; and he resents getting things five minutes before a meeting starts, and having to make a decision without being able to read it first. Chairman Scarborough stated the Board always has the prerogative to defer things to later. Commissioner O'Brien advised of the noon cut-off on Friday for Agenda items.

Commissioner Voltz stated any time she brings anything up, it is a last minute thing that cannot be put off; and she knows there is a place for resolutions and awards.

Commissioner Higgs stated she is happy to endorse sending the letter to the Governor; but expressed concern about the issue with the septic tank. She stated it may have overstated the data supporting all of the impacts of septic tanks on the Lagoon; and she is not sure that the representation in the letter is consistent with the data. Chairman Scarborough recommended Commissioner Higgs confer with Ms. Luba to make the changes before he signs the letter. The Board indicated consensus for the change.

REPORT, RE: C AND D SITE IN NORTH BREVARD

Chairman Scarborough stated there has been a C and D site along I-95 near the Fox Lake Overpass; there is a proposed sale of the property to a large corporation in South Florida; and there is concern about the changing scope and size of the operation. He stated because of the potential land use and environmental concerns, it would be prudent to bring some consultants in; and if Commissioner O'Brien wants a week to consider this, that is fine.

Commissioner O'Brien inquired if a week would be injurious or is this an emergency; with Chairman Scarborough responding the sooner the County gets going, the more it is going to protect its position. Commissioner O'Brien stated he will trust the Chairman's judgment. Chairman Scarborough stated staff would be preparing a response for the Board's consideration.

Commissioner Voltz inquired what is the problem. Chairman Scarborough stated it is a private C and D landfill owned by realtor John Hogan; he operated it on a casual basis; the group that is purchasing it is from Broward County; and they are bringing semi-truckloads of materials into the County. He stated they may increase the size and the scope which raises a number of issues; the County will be up against astute competent people; and staff recommended bringing all the County's resources together.

Commissioner Higgs inquired if this is a County-permitted C and D site; with Solid Waste Management Director Richard Rabon responding it predates the County's Ordinance, but is permitted by the State. Commissioner Higgs inquired if it may be necessary for them to obtain another permit. Mr. Rabon stated there are a lot of issues involved; and that is one possibility. Commissioner Higgs stated the Board needs to know a scope of work, who the consultant is, the fiscal impact, and what funds are going to be used; so it is okay to proceed, but the Board should get that information as quickly as possible. Chairman Scarborough inquired if the Board can get the information at the zoning meeting on Thursday; with Mr. Rabon responding affirmatively.

PERMISSION TO HOLD OUTSIDE MUSIC EVENT, RE: CINCO DE MAYO FESTIVAL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to hold an outside music event at Durango's Steakhouse on Wickham Road for a Cinco de Mayo festival from 3:00 p.m. to 10:00 p.m. on May 5, 1999 in compliance with Brevard County Code. Motion carried and ordered unanimously.

PERMISSION TO PROCEED WITH CONDEMNATION AND DEMOLITION, RE: UNSAFE STRUCTURES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize staff to proceed with condemnation and demolition of 43 unsafe structures; and authorize the County Attorney to proceed with filing any legal actions necessary to accomplish the demolition. Motion carried and ordered unanimously.

PERMISSION TO INCREASE WORK ORDER TO BUSSEN-MAYER ENGINEERING GROUP, INC., RE: DAIRY ROAD AND SINGLETON AVENUE INTERSECTION IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize an increase in Work Order #94-003-B-041 with Bussen-Mayer Engineering Group, Inc., in the amount of $12,790 to provide engineering services for Dairy Road and Singleton Avenue Intersection Improvement Project. Motion carried and ordered unanimously.

AMENDMENT TO CONTRACT WITH PROFESSIONAL ENGINEERING CONSULTANT, INC., RE: REDESIGN SERVICES FOR MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize execution of an Amendment to Contract with Professional Engineering Consultant, Inc. to provide redesign services for Malabar Road Widening Project, Phase II, at a cost of $2,531.85 to be paid by the City of Palm Bay. Motion carried and ordered unanimously.

RESOLUTIONS, RE: AUTHORIZING JOINT PARTICIPATION AGREEMENTS WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR VALKARIA AIRPORT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolutions authorizing Joint Participation Agreements with Florida Department of Transportation for an additional $18,000 to repair and overlay Runway 9/27, and $3,600 to purchase Aviation Band Radios for Valkaria Airport. Motion carried and ordered unanimously.

APPROVE NAMING LITTLE LEAGUE BASEBALL FIELD AT STRADLEY PARK, RE: DAVID ALAN FRANKLIN, JR. FIELD

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize naming a Little League baseball field at Stradley Park as the David Alan Franklin, Jr. Field, in memory of a 12-year old boy who participated in Cocoa Little League for six years, and died in an accident on December 29, 1998. Motion carried and ordered unanimously.

RATE AGREEMENT WITH DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, RE: SCAT SERVICES FOR VOCATIONAL REHABILITATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Rate Agreement with Florida Department of Labor and Employment Security, for SCAT to provide transportation services for the Vocational Rehabilitation Program from July 1, 1999 through June 30, 2000. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH ARCADIS/GERAGHTY & MILLER, RE: REMEDIATION OF OLD MOSQUITO CONTROL COMPLEXES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment to Agreement with ARCADIS/Geraghty & Miller, extending Agreement for one year, from June 4, 1999 to June 4, 2000, to provide consultant services for remediation of old Mosquito Control complexes to meet the requirements of Department of Environmental Protection Consent Order; and authorize renewal of Agreement on an annual basis until all requirements of the Consent Order have been met at the Melbourne and Merritt Island sites. Motion carried and ordered unanimously.

FOURTH AMENDMENT TO AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: REHABILITATION OF IMPOUNDED ESTUARINE WETLANDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Fourth Amendment to SWIM Agreement with St. Johns River Water Management District for rehabilitation of impounded estuarine wetlands, extending the Agreement to December 31, 1999. Motion carried and ordered unanimously.

NEGOTIATED SETTLEMENT WITH JAMES L. LYNK, RE: WORKERS' COMPENSATION CLAIM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize Risk Management, through Gallagher Bassett and Palmer & Cay, to settle the workers' compensation claims of James L. Lynk at $110,750 with anticipation of recouping 50% of the amount expended to settle the claim from the Secondary Disability Trust Fund. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION FOR YEAR ENDING MARCH 1, 1998 FOR BREVARD COUNTY HOUSING AUTHORITY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of financial statements and supplemental information from Brevard County Housing Authority for the year ending March 31, 1998. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint/reappoint Zola White, Betty Wells, Reverend Melvin Chatman, Leartis Brothers, and Izeal Battle to the Cocoa West Community Center Advisory Board with said terms of appointment expiring December 31, 1999; Reverend Edward Buckner to the Community Development Block Grant Advisory Board with term expiring December 31, 1999; and Chief Daniel Rocque to the $12.50 Surcharge Committee as member-at-large. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

RESOLUTION, RE: PROCLAIMING MAY, 1999 AS MENTAL RETARDATION AWARENESS MONTH

Commissioner Higgs read aloud a resolution proclaiming May, 1999 as Mental Retardation Awareness Month.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution proclaiming May, 1999 as Mental Retardation Awareness Month in Brevard County. Motion carried and ordered unanimously.

John Schweinsberg, President of the Association for Retarded Citizens, introduced Chuck Nutting and Jim Laibl.

Chuck Nutting expressed appreciation to Board and the people of the County for their support.

Commissioner O'Brien inquired if it is acceptable to refer to someone with Down's Syndrome, for example, as mentally retarded rather than mentally handicapped. Mr. Nutting responded either is acceptable; more politically correct terms have been applied to mental retardation, and he has no problem with any of the names; but he does not see any stigma attached to the term retardation as it has a specific meaning from a technical standpoint. He stated there are cases when the term is used in a derogatory manner; but that is in the use rather than the word; and recommended looking at a person as being mentally retarded but still having all the rights. Commissioner O'Brien stated he hopes that society sees it the same way; with Mr. Nutting advising society does due to the leadership of people such as the Commissioners.

Mr. Laibl expressed appreciation to the Board for the Resolution. Commissioner Higgs presented the Resolution to the group.

RESOLUTION, RE: COMMENDING JOHNSON JUNIOR HIGH SCHOOL CHEERLEADERS FOR WINNING THE 1999 NATIONAL CHAMPIONSHIP

Commissioner Carlson stated Commissioner O'Brien first brought to the Board's attention that the cheerleading squad of Johnson Junior High School was the State Champion; and before the Board could adopt a resolution, the squad became the National Champion. She read aloud a resolution commending the Johnson Junior High School Cheerleaders and Coach Tammy Catalfamo for attaining the 1999 National Championship at the Cheerleaders of America Contest.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution commending the Johnson Junior High School Cheerleading Squad, Ashley Appolloni, Nicole Ballard, Jennifer Barrett, Elizabeth Basile, Stephanie Basile, Sara Brodhead, Samantha Cizek, Jannette Connor, Jessica France, Alison Fisher, Sarah Hanke, Katy Kraus, Meghan Mahoney, Robyn Pepin, Jenny Pooley, Jessica Simon, Sara Sokola, Ariel Stumbo, Lynn Tolman, Kristie Trepanier and Sara Weir, and Coach Tammy Catalfamo for attaining the 1999 National Championship at the Cheerleaders of America Contest. Motion carried and ordered unanimously.

Tammy Catalfamo expressed appreciation to the Board for the Resolution; and advised of the success of the team. Commissioner Carlson presented the Resolution to Ms. Catalfamo.

RESOLUTION, RE: PROCLAIMING BREVARD HERITAGE WEEK

Commissioner O'Brien read aloud a Resolution proclaiming Brevard Heritage Week.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution proclaiming May 10 through 16, 1999 as Brevard Heritage Week in Brevard County, and extending appreciation to the Brevard Heritage Council for its contributions and assistance. Motion carried and ordered unanimously.

Commissioner O'Brien inquired if Ms. Natowich is a native Brevard County resident; with Sandee Natowich responding her grandson is the ninth generation Merritt Islander. Commissioner O'Brien presented the Resolution to Ms. Natowich. Ms. Natowich expressed appreciation to the Board; and advised of the need to preserve the heritage of the area.

PRESENTATION, RE: MANAGEMENT CERTIFICATION PROGRAM CERTIFICATES

Human Resources Director Frank Abbate stated the Management Certification Program has been going on for six or seven years; now there are fifteen different workshops and three phases; the employees take an exam at the end of each phase; and advised of the courses included in each phase. He stated during the past year 83 employees attended approximately 1,200 hours of training; and seven employees obtained certification, Kim Couture, Edward Gleason, Robert Hamilton, Bertha Oliver, Justin Strynchuk, Mary Friers and Anthony Johnson. He stated during the last six years, 261 employees have obtained the certification through the program. The Board congratulated the employees. Commissioner Voltz noted Ms. Couture is her secretary; and she is proud of her.

SPEED HUMP REQUEST, RE: CARRICK ROAD

Marjorie Augustine stated she submitted a petition for speed humps on Carrick Road approximately one and one-half years ago; and advised of the danger to the children living there, approximately one-half under the age of six. She stated Carrick Road is a school bus route, and has been recently rezoned for Challenger 7 Elementary for the next school year; Challenger 7 does not bus children in this area; so the children will be walking or riding their bikes to and from school. She stated there is one sidewalk on the street, and children will be crossing Carrick Road to use the sidewalk; and Carrick Road is approximately one mile long from Grissom Parkway, with no stop signs. She stated she lives approximately one-fourth mile west of Grissom Parkway, and by the time motorists reach her house, they have usually exceeded the posted speed limit; now that the weather is warmer, more children will be playing outside; so when motorists are speeding, it is dangerous for everyone on the street. She stated the parents are concerned about the safety of the children; 78% of the 183 homes she took a petition to agreed to speed humps; they have notified the police about the speeding problem, and parents stand outside to watch the children; but this is only a temporary solution to the problem. She stated if there were speed humps, it would permanently remind speeders to slow down; and no one wants a dangerous accident to happen.

Gail Heinl stated she has lived on Carrick Road for ten years; many children live on this road; and it is one of the main routes to school. She advised of speeders on the road; stated one of her children had two near misses from speeding cars; and speed humps will slow them down.

Maureen Rupe, Vice President of the Port St. John Homeowners Association, stated the Association is supporting the residents of Carrick Road for speed humps as it is a dangerous road; the traffic study showed Carrick Road did not pass the criteria; and commented on the 10 m.p.h. criteria versus percentage over posted speed limit. She recommended the criteria be reviewed; and stated she hopes the Board will take this into consideration when making the decision on Carrick Road because speed humps are needed there. She stated the Association is requesting the Board to reconsider the Port St. John Advisory Board making recommendations on speed humps; there are approximately 25 requests for speed humps in Port St. John; the Advisory Board has been making yes/no decisions with the Planning and Zoning Board for two years now; and the community is comfortable with the Advisory Board. She stated the Association is not comfortable with yes/no on safety issue, but something needs to be looked at from within the community; and requested the Board reconsider the Advisory Board, and approve the speed humps for Carrick Road.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Commissioner Voltz stated the case in Sarasota County is currently on appeal; and advised of the implications of the Appellate Court upholding the lower court decision, making all speed humps illegal. She stated the Board needs to be cautious. Commissioner Scarborough stated there could be other court decisions; this could evolve over a number of years; and the Board does not know the impact until it becomes the law of Florida. Commissioner Voltz inquired if the County will have to remove all the speed humps; with County Attorney Scott Knox responding if the decision comes down and it is ultimately determined that there cannot be speed humps, the legislature would probably do something to correct it, and he does not think they would have to be removed.

Motion by Commissioner Scarborough, seconded by Vice Chairman Higgs, to approve installation of speed humps on Carrick Road in Port St. John Subdivision.

Commissioner Scarborough stated this has received a lot of support; normally the Homeowners Association has been against the proliferation of speed humps; but this is an exception. Commissioner Voltz inquired if staff is looking at the criteria. Commissioner Scarborough stated in Port St. John, a committee was established which came forward with a report that staff is working on; so the same people that put the report together have considered this particular speed hump request, and found it to have merit. Commissioner Voltz inquired how long until the criteria are completed; with Dick Thompson responding before the end of the month. Vice Chairman Higgs stated the Board will see it in July.

Commissioner O'Brien inquired if the residents called the Sheriff to ask for enforcement; with Ms. Augustine responding there was a meeting at the Port St. John Library in March, 1999. Ms. Augustine stated they notified the police in the past; and at one time law enforcement personnel lived on the street and parked their cars there to remind people to slow down. Commissioner O'Brien inquired how many speeding tickets were issued; with Ms. Augustine responding an individual was ticketed; and she called for additional monitoring, but has never seen it. Ms. Augustine stated in Port St. John there are monitors, who are not actually armed law enforcement officers. Vice Chairman Higgs advised they are citizen observers. Commissioner O'Brien inquired if the citizen observers were patrolling the street; with Ms. Augustine responding she has seen one or two. Commissioner O'Brien stated law enforcement failed, and the people had to come to the Board for speed humps.

Maureen Rupe advised how complaints are handled; and stated deputies respond and patrol the street; however, the Sheriff has limited resources. She stated speeding is the biggest problem Port St. John ever had other than sewer; and there are calls every day. She stated sometimes hundreds of tickets are given out in Port St. John by deputies. Commissioner O'Brien stated he is only talking about Carrick Road; with Ms. Rupe responding if it was called in, it was monitored by deputies. Commissioner O'Brien stated he would like to know how many speeding tickets were given on this street in the past six months before the request came to the Board.

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

Commissioner Voltz stated she does not disagree with the need, but is concerned about the lawsuit.

Commissioner Scarborough stated there was a 12 to 15-month hiatus of processing the speed hump requests; there is a backlog; and the Homeowners Association will not support the majority of those. He stated there has been a great deal of time spent on viewing what works and what does not; and as the criteria comes forward in July, there will be a lot of comments. Commissioner Scarborough stated when it is said 128 lots were surveyed, and 78% of the residents supported speed humps, there is no information on the 27% as to whether they had negative response or non-responsive. He advised of the need to design speed humps for the whole community and not just individual streets.

Commissioner O'Brien stated one criteria the County does not have is what has law enforcement done, and to what extent. Commissioner Scarborough stated this is important; and suggested Mr. Jenkins request the Sheriff be present for the discussion on speed hump criteria.

Discussion ensued on getting information on tickets issued, information on how often the Sheriff stations people to issue tickets, re-addressing the issue with the Sheriff, the Sheriff's resources, impact on emergency vehicles and County equipment, cost of speed humps versus deputies, and effect of tickets on speeders.

Vice Chairman Higgs passed the gavel back to Chairman Scarborough.

Commissioner Carlson inquired if Chairman Scarborough wants to address the subject of the Homeowners Association dealing with speed humps. Ms. Rupe stated the Homeowners Association wants the Board to reconsider allowing the Port St. John Dependent District Advisory Board to look at the traffic problem. Chairman Scarborough stated the concern is the proliferation of speed humps and looking at it in a holistic sense.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to include issue of allowing the Port St. John Dependent District Advisory Board in July, 1999 discussion concerning speed humps. Motion carried and ordered. Commissioner Scarborough, Higgs, Carlson, and Voltz voted aye; Commissioner O'Brien voted nay.

Vice Chairman Higgs passed the gavel back to Chairman Scarborough.

PUBLIC HEARING, RE: ORDINANCE AMENDING EMERGENCY SERVICES IMPACT FEE PROGRAM

Chairman Scarborough called for the public hearing to consider an ordinance amending Emergency Services Impact Fee Program.

Commissioner Higgs inquired if the County would reimburse developers as funds became available, but not through an inter-fund loan; with Planner Steve Swanke responding that is correct. Mr. Swanke stated the Ordinance is not written to allow inter-fund borrowing; in certain cases, fees could be refunded that had previously been collected but not expended; and if that is not sufficient to cover the entire amount of reimbursement, then as funds become available through future collections, the reimbursement would continue until completed.

There being no further comments, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance relating to impact fees, amending Chapter 62, Code of Ordinances of Brevard County, Florida; specifically amending Article V, Division 2; entitled "Emergency Services Facilities" known as the Brevard County Emergency Services Facilities Impact Fee Ordinance; amending Section 62-725, definitions, to define developer; amending Section 62-733, use of funds, to enable developer reimbursement agreements in addition to impact fee credit agreements; providing for severability; providing for area encompassed; providing for conflicting provisions; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: AUTHORIZATION TO TRANSMIT 1999A COMPREHENSIVE PLAN AMENDMENT PACKAGE TO DEPARTMENT OF COMMUNITY AFFAIRS

Chairman Scarborough called for the public hearing to consider authorization to transmit 1999A Comprehensive Plan Amendment package to Department of Community Affairs.

Mary Todd, representing Sierra Club, Turtle Coast Group, stated they have three areas of concern in the Conservation Element update, floodplain densities, aquifer protection, and the Indian River Lagoon shoreline buffers; and each area of concern involves important details that are proposed for deletion. She stated basic requirements for protecting the natural resources need to remain in the Comprehensive Plan as well as be placed in Ordinances; Ordinances are easier to modify and not generally subject to DCA review; and retaining critical details in the Comprehensive Plan may involve redundancy, but Comprehensive Plan inclusion is the best insurance that can be provided that the detailed requirements remain part of the Ordinances in the future. She requested the Board review Floodplain Protection Policy 4.2; stated the proposed language deletes all of the residential and commercial densities for the St. Johns River floodplain, and substitutes general goals; and this is imprudent, if not shocking. She stated the justification is that the provisions are contained in the Floodplain Ordinance, which is true; but Ordinances are much easier to modify than the Comprehensive Plan. She stated specific Comprehensive Plan densities in Policy 4.2 are essential to minimize the risk of the St. Johns floodplain being subject to urban sprawl and increased flooding problems. She requested the Board look at Aquifer Protection Policy 10.2; and expressed concern about changes affecting Type I and Type II aquifer recharge areas which are close to a water supply source, and are very effective in terms of recharge rates and volume. She stated in Policy 10.2, requirements for impervious surface and stormwater management have been made more flexible; Criterion A no longer mandates the percentage of impervious surface for Type I and Type II recharge areas; Criterion B no longer makes sense which may be due to an editing problem; and the standard of soil depth for stormwater management systems of at least two feet above the seasonal high water table has been deleted, leaving the new wording which asks for an equal or greater degree without a reference for comparison. She requested the Board check Policy 10.2, especially Criteria A and B; and stated the water supply for North Brevard should not be jeopardized by weakened and confusing Comprehensive Plan language. She requested the Board review Surface Water Policy 3.3, and consider reinstating the original language in 3.3b, c and g to specify allowable development, vegetative requirements, and the amount of impervious surface in the Indian River Lagoon shoreline buffers; and stated the Board cannot take any chance of losing essential language preventing degradation of the Lagoon. She stated the Sierra Club hopes the Board will review Floodplain Policy 4.2, Aquifer Protection Policy 10.2, and Surface Water Policy 3.3, Criteria b, c, and g. She stated strong Comprehensive Plan language is needed to guarantee the effectiveness of the Ordinances.

Chairman Scarborough inquired if this portion of the Amendment has to go forward today; with Planning and Zoning Director Mel Scott responding it does not have to go forward today. Chairman Scarborough inquired about the time frame; with Mr. Scott responding it could be tabled for a week to clear this up. Chairman Scarborough stated next week is not a good meeting. Commissioner Higgs inquired about the DCA time frame; with Mr. Scott responding there is not a DCA time frame for this, and if the Board wants to defer it to July, 1999, the only thing that would be held up would be the private application for the mixed use district in North Brevard along US 1. Chairman Scarborough requested Mr. Scott contact the applicant; and stated when people express concern.

Commissioner Higgs stated she understands Ms. Todd's concern about Policy 4.2; but the Board could include the language verbatim that is currently in the Comprehensive Plan; and when it comes back for adoption, the Board would have an opportunity to address it. She stated in regard to many other Ordinances, language has been left in the Comprehensive Plan; so the request Ms. Todd made regarding Policy 4.2 is consistent with what the Board has done with many things. She stated she does not understand the concern about Policy 10.2; but if it is transmitted with the proposed language, the Board could look at it again. She stated the Surface Water Element has already been transmitted; but at adoption the Board could look at the issue Ms. Todd is bringing up.

Commissioner O'Brien stated he would rather work at this in a workshop; with Commissioner Higgs responding the Board already did that. Chairman Scarborough stated he would prefer to table this to May 18, 1999 for further discussion.

Discussion ensued on the May 18, 1999 Agenda, looking at all policies as being important pieces of a large puzzle, meeting with staff and Ms. Todd, and previous workshop.

Commissioner Higgs recommended on page 11, the item dealing with wildlife include the language verbatim in 9.1.

County Manager Tom Jenkins advised the Board has a workshop scheduled for May 13, 1999 to discuss the Land Use Element. Chairman Scarborough stated he does not want to workshop this again. Commissioner O'Brien stated it can be put on the May 18, 1999 Agenda, and if he feels the Board has not gone into it properly, he will ask for a workshop.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing to consider authorization to transmit 1999A Comprehensive Plan Amendment package to Department of Community Affairs to May 18, 1999. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE, RE: ORDINANCE FOR STORMWATER DESIGN STANDARDS FOR THE GRANT AREA WATERSHED

Jay Eurich stated he and others served on the Citizens Committee for over one year; a lot of thought was put into the proposal; and they are in favor of it. He stated because of the diversity of Grant and the severity of the problems with drainage and runoff, the plan will not fix all the problems; but it will help ease some of the problems.

Buzz Tietig stated society and laws are built on equal treatment and equal protection; it is serious when a particular class or area is singled out for treatment which is different than the rest of society; and that is what is happening today. He stated there are no facts to show the particular area has unique problems, different from the rest of the County, which need special laws that do not apply to the rest of the people in the County. He stated the only fact that is pertinent is the coincidence that instead of being the area of Grant, this is an area that goes six miles away and encompasses all of the land owned by the Tietig family and Farm and Grove Realty. He noted he is engaged in litigation with the County; the Company is seeking fair market value for the property taken; and this is just another ploy to pressure his family into selling property to the County for less than fair market value. He reiterated there are no facts or science to show any unique problems.

Commissioner Higgs stated in recent years there have been a number of flooding problems in the Grant/Valkaria area; staff scheduled a number of meetings; and requested Mr. Jones brief the Board. She stated the citizens had a number of problems they wanted addressed regarding the drainage and flooding in the area; and the attempt to meet those led to the meetings with staff, the citizens, Mr. Tietig and others in the area.

Drainage and Surface Water Director Ron Jones pointed out the area being discussed on the floodplain map; and stated what makes the area unique from the perspective of development that will occur in the future is that most of the area was platted without any consideration to where the wetlands and floodplains are. He stated without minimal requirements for the development of this area, additional problems will occur; and the issues primarily associated with drainage in the area are poorly draining soil, a high seasonal water table, inadequate differences and elevation for the existing conveyance facilities to effectively drain the area. He stated two major issues were identified; the first is filling in of the floodplain; and unlike a new development scenario with subdivision rules in place, additional filling of the floodplain is going to create adverse impact. He stated each time a property is developed, additional fill is brought in; one of the basic premises of the ordinance is to restrict the amount of fill allowable within the floodplain so as to not create adverse impacts to adjacent properties; and fill amounts should be minimized to only what is necessary for building foundations, septic tank systems and reasonable driveway entrances. He stated another issue was the inability to convey additional volumes or runoff of water in the existing drainage facilities; and the St. Johns River Water Management District has done a limited study in the area, and concurs that these two issues drive most of the future problems associated with development in the area. Mr. Jones stated in order to address the inability of the County's existing systems and the natural drainage creeks to accept the additional volumes of runoff, one of the concepts presented is to require an additional detention of one-inch on each residential property; and it does not necessarily have to be kept on the property, but could be bled down over a longer period of time to allow the drainage facilities in the area to catch up and provide for a long term outfall. He stated this would be in conjunction with some cross sections that staff has worked on diligently with the St. Johns River Water Management District for new road construction to provide for the conveyance facilities necessary to allow for the bleed down from the detention facilities. He stated one additional issue was related to flag stem lots; currently the Ordinance requires a minimum of a 25-foot width; some of the lots have been developed in the area associated with flag stems without adequate provision for some type of conveyance facility within the 25 feet; and commented on the need to demonstrate where water will run off. He stated this will not resolve all the issues in the area; the issues were created a long time ago when the properties were platted; and unless the properties are replatted, none will be required to have any type of drainage design other than the road, without some special provision.

Chairman Scarborough inquired if there are other areas within the County which have similar drainage tendencies that should be addressed in a similar manner; with Mr. Jones responding yes, there are a number of areas associated with the old paper tiger plats that were done without consideration of wetlands, water bodies or floodplains. Mr. Jones stated the Board instructed staff to look specifically at the Grant area; but some of the concepts that are contained within the proposition could be transferred to other similar areas; and in its review of the ordinance, the St. Johns River Water Management District recommended including other areas. Chairman Scarborough stated if the Board does something in one part of the County, and there are other areas that are similar, it should get a report as to what the areas are and the plans and methodology for implementation. Mr. Jones advised he will be happy to provide that.

Commissioner Higgs stated there were a number of discussions three or four years ago about people wanting to develop dirt roads in this area; and explained how the areas were platted in the past compared to how it is handled today. She stated the old platted subdivisions had no plan for how to build the roads, handle the water, or anything except selling the lots; most of the lots in the area in question are one acre and more; and there is an ability to handle some of the stormwater problems onsite. She stated the citizens and staff tried to come up with ways that development on individual lots could proceed without injuring the overall area; in the letter from the St. Johns River Water Management District, Engineer Ralph Brown explains that existing County and District rules do not adequately address the problems associated with old platted residential areas; this is one of them; and there are others the Board should consider. She stated the March 3, 1999 letter also says the study indicates that continued development within the watershed without controls on stormwater runoff and floodplain encroachment would result in increased flood stages and more severe flooding in the future; so the desire is to come up with ways that would allow people to build, but not at the expense of their neighbors or the general public. She stated the request today is for the item to go forward through the process to the Local Planning Agency and to advertise it for public hearings; and while these are not solutions to all the problems, they will make it better. She advised staff has met with engineers representing some of the land owners as well as Mr. Tietig and others; if people have better recommendations, the Board would love to hear them; but if the Board does not do something, a lot of people will be injured, and those people who have large land holdings will be among those injured. She stated the attempt is to come up with ways to allow people to develop their land without injuring others.

Commissioner Voltz stated she agrees the Board needs to address the issue, but there is no hurry; and she would like to get a report from staff on the other areas before addressing this area. She stated she would also like to have an opportunity to meet with Mr. Tietig to try and address some of his problem. She inquired if there is a rush to get this through; with Mr. Jones responding no.

Commissioner Higgs stated the citizens committee and the development interests have met nine times over a period of a year; all they want today is to direct that this move forward to hearings; and nothing is being passed other than that. She stated it has been on the agenda numerous times; the Board directed staff to work on this; she wants to move it ahead to the hearing process; and any other ways of solving it or concerns can be dealt with in that process.

Commissioner Voltz stated if it is going for a hearing, whoever is hearing it should have all the information, just as the Board needs all the information; and if the Board is going to address other areas, then the LPA also needs to address those same areas. Commissioner Higgs inquired if the Board is going to sit back and not do anything like it has with other platted areas; with Commissioner Voltz responding no, and she agrees something needs to be done. Commissioner Higgs stated there are unique things about this area, the soils, the condition of the water, and the floodplain; recommended moving forward; and stated the additional information about other areas can go forward to the LPA as a part of the package. Commissioner Voltz stated she does not see a rush on this; nothing is going to happen over the next few months; so the wait should not be a problem. Commissioner Voltz stated she wants to know how many other areas are there; she agrees there are problems with the old platted lands; and she wants to know whether they all have the same type of problems or if they need to be considered one at a time. Commissioner Carlson stated if the Board gets the process moving and gets more input, it can better address the other areas.

Commissioner O'Brien stated North Merritt Island has a similar problem; one of the zoning items which came to the Board five or six times concerned flooding; the developer never provided a viable plan to resolve the problem; and the Board finally denied the rezoning. He stated the government will end up inheriting all the problems created by sales of undeveloped lots in this area which have no long-term plan for drainage or infrastructure; and the Board must be careful on how it reacts so it does not become an example of careless government allowing development with the taxpayers having to pick up the tab. He stated he is concerned about how the Board approaches not only this problem, but the ones in North Merritt Island and Canaveral Groves as well; and it should not attach the burden to the paychecks of others who do not own properties in the area.

Commissioner Higgs stated this will not put the burden on those not owning lots there; it requires certain things in order to develop in the area because of a unique set of circumstances; and over the years the Board has said one size fits all, but it does not. She stated it is appropriate to deal with the area as defined because of the unique characteristics; and in this area the unique characteristics include the soil, the wetlands, the elevations, and the platted lands already in place.

Commissioner O'Brien commented on the old plat for the property by Kelly Park. He stated three and one-half years ago a woman asked the Board how it could allow construction of houses in areas it knows will flood; this is something the Board has responsibility for; and if it has to allow only stilt homes, it has to do something. He stated the Board is going down the wrong road; maybe it should put up signs warning areas are in the floodplain; there are areas in Merritt Island that are low; and if someone builds there, they should own a boat.

Commissioner Voltz stated she agrees with everything that has been said; but she would like to get information from staff to tell her whether this needs to be handled individually or Countywide. Commissioner O'Brien stated the problem with doing it individually is if something is missed, the County faces liability.

Chairman Scarborough stated if the ordinance is advertised, it would just be for this area; and inquired if Commissioner O'Brien and Commissioner Voltz want one ordinance for the entire County; with Commissioner Voltz responding that is what she wants. Commissioner O'Brien stated it does not have to be for the entire County, but just the similar areas; and the Board may want to look at them individually because one size does not fit all. Chairman Scarborough inquired if it should be advertised as a singular ordinance; with Commissioner O'Brien responding yes. Commissioner O'Brien stated an ordinance can be changed and made to fit a certain area; government does not want to be so restrictive that nothing can occur; and the Board wants to be sure that the restrictions that apply are for public health and safety. He stated the question is where the Board's responsibility begins and ends.

Chairman Scarborough inquired what would be the problem in backing off this and expanding the second whereas clause to include other similar locations in the County. Commissioner Higgs stated the actions are predicated on the unique features of this physical area; they are trying to say, due to the unique features of the land such as the elevation, soils, character, and original plats, there should be additional standards; and she is concerned that if it goes forward without those unique characteristics, the Board could be in a situation of treating things differently. Chairman Scarborough inquired if there are the same issues on North Merritt Island and everything applies, would it be prudent to have one ordinance, including all similar areas. Commissioner Higgs suggested Mr. Jones answer because he is more familiar with the features of those areas.

Mr. Jones stated the recommendations were tailored for the Grant area; and it was done with some level of science and analysis by the St. Johns River Water Management District to demonstrate what the specific issues were associated with new development in the area. He stated there are likely similar areas that have the same types of issues; however, when looking at other areas, some of the platting is different, and some of the proposed improvements may render different types of needs; and he does not believe one solution fits all. He stated the Board needs to look at the issues on a watershed basis instead of trying to force it into one general ordinance; and that is consistent with the direction. Chairman Scarborough stated this can be used as a model for other areas.

Commissioner Voltz stated all the issues Commissioner Higgs brought up need to be addressed in a lot of areas, but some of the other areas may also have different issues as well. She inquired if it would be possible to come up with a common denominator for some issues that need to be addressed everywhere, and then itemize specifically for areas. She inquired if Mr. Jones can come up for criteria for problems everywhere. Mr. Jones stated the Canaveral Groves area has similar circumstances; however, the North Merritt Island area is entirely different; and the best approach may be to look at these individually as watershed areas. He stated the name of this particular ordinance was the Grant watershed area which needs to be changed to the Grant and Valkaria watershed areas; there are certain things associated with the older, densely platted areas that are shared; but it is necessary to look at the ability to drain properties, types of soils, amount of floodplain, and ability to permit future improvements. He recommended the Grant area be used as a test area; and stated staff is currently looking at issues in the North Merritt Island area as well as Crane Creek, as previously directed by the Board. He stated the interest of staff is to move outside of the smaller committee level, and go to the LPA to get input from other entities outside of the smaller process; and if this can move forward in that regard, it would be useful and provide additional information which can be brought back to the Board in a report.

Commissioner Carlson inquired if Mr. Jones is saying there could not be a basic watershed ordinance as a foundation, which could be customized for each watershed. She inquired if Mr. Jones would prefer to have a specialized ordinance for this area, test the water, and then do other ordinances. Mr. Jones stated implementing standards through an ordinance allows for changes in the ordinance in the specific area involved; and looking at the history of most ordinance development, there is a number of changes after the initial implementation to help address the circumstances in the area. He stated staff could come back with some commonality among different areas that deal with the physical reality of the topography, the types of soils, etc.; and so it could be done, but the uniqueness of each area would have significant differences.

Commissioner O'Brien stated the Board needs individual plans to fit the individual problems; and the County is too big to have one glove fit all sizes. Commissioner Higgs stated in the Conservation Element there are maps of the general soils which point out the similarities and the differences; and having reviewed the maps and information, the Board needs to move this forward to the LPA and then bring it back to the Board for a hearing on the ordinance.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize staff to submit the proposed ordinance setting stormwater design standards for the Grant and Valkaria Watersheds to the Local Planning Agency, and advertise public hearing to consider the ordinance. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to look at all areas within unincorporated Brevard County that have similar problems relating to flooding, and come back with a report. Motion carried and ordered unanimously.

The meeting recessed at 10:45 a.m. and reconvened at 11:05 a.m.

PUBLIC HEARING, RE: ORDINANCE EXTENDING TEMPORARY MORATORIUM ON ISSUANCE OF DEVELOPMENT PERMITS FOR POWER PLANTS

Chairman Scarborough called for the public hearing to consider an ordinance extending temporary moratorium on issuance of development permits for power plants. He inquired if there is an applicant status, or is this all speakers; with County Attorney Scott Knox responding all speakers. He advised cards have been submitted by Tracey Risley, Edmond Ouimette, Phil Albright, Andree Ouimette, and Madelyne Donovan who oppose power plants and support the moratorium, but do not wish to speak.

Douglas Sphar stated at the Cocoa neighborhood meeting, a representative of the power company being represented by Attorney Spielvogel stated that eighteen power companies are looking for sites in Florida; and advised the attributes which attracted Oleander Power Company will attract other companies. He stated the moratorium will hold all the power companies at the County line until the new performance based land use code is in place; and then the Board and staff will have the tools to determine how to best integrate the merchant power industry in the County. He requested those people present in support of the moratorium to stand up; and a group of people stood up.

Marjorie Derrick advised of the specifications of the proposed power plant and its effect on the Atlantic Coastal migratory bird corridor. She advised birds are considered an international resources, and their protection is governed by international treaties, national governments of several countries, the U.S. government, and the government of the State; and outlined the statistics showing the decline of songbirds and other birds. She advised of unscientific opinions begin given, significant bird deaths, lack of studies of fly-over patterns or bird counts, and the need for stringent requirements for bird protection before a facility such as Oleander is considered. She advised of lack of safeguards for migratory birds by Oleander; stated the DEP permit is in violation of federal laws; and she has asked the law enforcement branch of U.S. Fish and Wildlife Service to review the permit. She stated the Board is only involved with land use issues; the DEP procedure is flawed; and she does not see how the Board can move forward at this point. She requested the Board ask DEP to withdraw its permit, and extend the County's moratorium.

Dorothy Amstadt advised of the effect of existing pollution on economic development and property values; and stated if wildlife cannot tolerate the pollution, people cannot either. She advised of an article in the Orlando Sentinel concerning the new fuel cells that will eliminate need for power grids; and submitted the article.

Chairman Scarborough stated on Monday there will be a public workshop on performance zoning from 2:00 p.m. to 4:00 p.m. in the Commission Room; and at 1:30 p.m. on Tuesday, May 11, 1999, the Board will be discussing performance zoning.

Attorney Leonard Spielvogel, representing Oleander Power Plant, stated he is opposed to the extension of the moratorium. He stated at every meeting people come up with the parade of the horribles; at the meeting in Melbourne Village, there was concern about the birds and butterflies; but there is no science to back up those concerns. He stated Ms. Derrick has done the right thing by voicing a complaint to DEP; DEP has not issued a permit, but has issued a Notice of Intent to issue a permit; and he has distributed copies of the Notice of Intent. He stated objections have been filed; it will go to administrative hearing; and if they do not succeed in establishing to the satisfaction of the administrative judge that they meet all necessary requirements, they will not get a permit. He stated the people in the audience should be satisfied that there are procedures in place to safeguard the environment; if the Board lifted the moratorium and granted Oleander vested rights, that does not mean they can put up the structure; and they would still have to go through the permitting process. He stated they offered to make a presentation to Lost Lake Homeowners Association, but did not receive an invitation. He stated this ordinance is directed against the Oleander Power Plant, and nothing else; and when staff attempted to expand it to include other industries, it was turned down. He stated Florida TODAY misquoted him as saying he was in favor of expanding the moratorium to include other industries, but that is not true; and he is in favor of eliminating the moratorium entirely. He stated imposed against his client, it is highly inappropriate and discriminatory; and it denies his client equal protection. Mr. Spielvogel requested additional time to speak.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to allow Mr. Spielvogel additional time. Motion carried and ordered unanimously.

Mr. Spielvogel stated in order to have a moratorium, there should be some showing that his client or his client's type operation poses some peril to public health, safety and welfare; that has not been shown; and if an attempt was made to show that, there would be no basis. He stated his client's proposal as a power plant is specifically authorized by the zoning; it meets the requirements of the County's Comprehensive Plan; and there is nothing his client has to do at this juncture that would justify a moratorium being imposed. He stated the issue has been made about emissions; he distributed the DEP's intent to grant their request; and that raises the presumption that the Department of Environmental Protection, which is responsible to enforce, govern, and police air emissions, has reviewed the proposal and found it to be within the parameters. He stated they not only meet the standards of the DEP, they exceed them; and that also complies with the requirements of the Comprehensive Plan. He stated Oleander is concerned about scheduling; his client has a $200 million investment; the plant requires ordering equipment and exercising of options to purchase the lands; there are requests for proposals that have been put out by County and city governments interested in Oleander's services; and they understand the mechanics of the permitting process, and satisfy them. He stated they have been unable to go forward with their site plan application; they cannot buy equipment; and he is concerned about the business damages his client will incur. He requested, if the Board cannot lift the moratorium, that it do its best to expedite the processing so his client is not unduly delayed.

Chairman Scarborough stated Mr. Spielvogel submitted a Notice of Intent to Issue Air Construction Permit with the Department of Environmental Protection; and written and oral comments will be received at a public meeting scheduled for May 13, 1999 at 7:00 p.m. in the Brevard County Agriculture Center at 3690 Lake Drive in Cocoa, Florida. He stated the legal question of whether rights have vested will be heard on May 11, 1999 starting at 9:00 a.m.

Marlene Waters stated at every meeting Mr. Spielvogel downgrades the speakers; everyone is upset about the Oleander project; and the people support the Board's efforts to protect the County and its quality of life. She stated on December 15, 1998, neither Mr. Spielvogel nor his clients objected to the moratorium; and in fact they advised they would cooperate.

Commissioner Voltz stated the language talks about heavy industrial uses, and she thought they were not being addressed. County Attorney Scott Knox stated that will be in a separate ordinance which is being prepared by Mr. Kendig. Commissioner Voltz inquired if a moratorium is being put on the heavy industrial uses; with Mr. Knox responding no, but the language indicates the Board is considering performance standards in other areas besides power plants. Commissioner Voltz inquired about the circumstances surrounding the need to extend the moratorium. Mr. Knox stated part of it relates to the fact that performance standards will affect power plants as well as other industries; and there are no other heavy industries that have currently filed site plans for review. He stated the second issue is the Board is also considering an interim site plan review ordinance which shifts the authority to review those plans from staff to the Board; and when the Board considers that for adoption, the question will come up whether the moratorium ordinance is needed after that is adopted. Commissioner Voltz inquired if the Board is going to get the reports back that it will need to make this decision in enough time before the August 12, 1999 standards. Assistant County Manager Peggy Busacca advised that is the schedule that has been set out for Mr. Kendig. Commissioner Voltz inquired if that schedule will be met; with Ms. Busacca advising there is a contract.

There being no further comments, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Ordinance extending the moratorium on the issuance of development permits for power plants in the unincorporated area of Brevard County; setting forth the purpose for the extension of the temporary moratorium; setting forth the extent of the temporary moratorium; providing for exemptions; providing for extensions and expiration of the temporary moratorium; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date. Motion carried and ordered unanimously.

Chairman Scarborough noted this is just the moratorium, and the work is just starting; and commented on performance standards.

Lois Beringer expressed appreciation that the moratorium was extended.

RESOLUTION, RE: DELEGATING COMMUNITY REDEVELOPMENT AGENCY POWERS TO THE CITY OF PALM BAY

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution delegating powers to permit the City of Palm Bay to create and maintain a Community Development Agency. Motion carried and ordered unanimously.

Commissioner O'Brien stated he is glad to see that the Redevelopment Development Agency includes the same restrictions that are on Melbourne, Cocoa and MIRA.

REQUEST FOR WAIVER OF BUILDING SETBACK REGULATIONS, RE: DAVID BOGENRIEF ENGINEERING ON BEHALF OF JOHN STAHLER

David Bogenrief stated some Ordinances cause undue hardship to some property owners; and submitted paperwork. He stated Mr. Stahler bought property in 1951 which is only 100 feet wide; it is zoned BU-1 and BU-2; and he plans to put a mini-storage there. He stated the present zoning requires a 40-foot buffer and a six-foot high block wall to be built on the property line; and proposed that the back of the mini-storage would act as the wall with no doors or openings, and it would be ten feet high. He displayed the zoning map; and pointed out the subject property, surrounding RU-1-13 property, and one additional residential parcel. He stated the proposal is a win/win situation; and if the variance is granted to allow a 20-foot buffer, there will not be a block wall right at the property line, there will be a 20-foot vegetated buffer that will be almost like a back yard. He stated there is an existing chain link fence and several oaks; and there will be a shallow dry retention area. He stated if this is not granted, it will be an extreme hardship on the 100-foot wide property.

Commissioner Carlson inquired where is the stormwater retention; with Mr. Bogenrief responding the retention area will meander around the oaks. Mr. Bogenrief stated the amount of stormwater retention will be small; and if he lived on the abutting property, he would rather have the vegetation than a wall at the property line. He stated the wall would be expensive; and the ten-foot stucco wall of the mini-storage will be a better buffer than the wall at the property line. He stated BU-2 allows a lot of heavy industrial uses, but what is proposed is a quiet mini-storage which will not have much traffic; and it seems ideal. He noted the Stahlers have owned the property since 1951. Commissioner Carlson inquired where will the actual drainage occur; with Mr. Bogenrief pointing out on the map how drainage will occur. Commissioner Carlson stated she questioned the net benefit of giving up 20 feet of buffer to those who are north of the property; she does not have a problem with using the back wall as the opaque buffer; but since there are potential residences on the north side, the landscaping should be augmented, leaving as much natural vegetation as possible and planting additional wax myrtles to cover up the opaque buffer. She stated it is smart to use that wall because it will buffer the noise. Mr. Bogenrief stated right now it is sand scrub with a few trees; and they would not have a problem with sodding and planting wax myrtles. Commissioner Carlson inquired what has been done in the past with narrow strips of property. Chairman Scarborough stated if Commissioner Carlson wants to look at the site and return to the Board with particulars, he would be comfortable relying on her abilities.

Motion by Commissioner Carlson, to table request for waiver of building setback regulations by David Bogenrief to May 18, 1999 Board meeting.

Commissioner O'Brien inquired if the applicant is saying it will be quiet because the facility will be for storage; with Mr. Bogenrief responding yes. Commissioner O'Brien inquired if Mr. Bogenrief would have a problem with a restriction that there be no water and electricity only for lighting to each storage unit. Mr. Bogenrief responded that is covered in the Ordinance; and outlined various restrictions.

Discussion ensued on businesses being run out of mini-storage units in North Merritt Island, requirement for sprinkler system, need to notify Code Enforcement of violations, storage of hazardous materials, and noise from businesses in mini-storage units.

Commissioner Voltz seconded the motion.

County Manager Tom Jenkins stated the May 18, 1999 meeting is the evening meeting to discuss the Manatee Protection Plan.

Motion restated by Commissioner Carlson, seconded by Commissioner Voltz, to table request for waiver of building setback regulations by David Bogenrief to May 25, 1999 Board meeting.

Discussion ensued on the Board schedule and need for extra meetings.

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

APPROVAL, RE: MOSQUITO CONTROL'S TENTATIVE DETAILED WORK BUDGET FOR FY 2000

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute the Mosquito Control Department's Tentative Detailed Work Budget for FY 2000. Motion carried and ordered unanimously.

APPROVAL OF RFP AND AUTHORIZE WITTNER NATIONAL GROUP TO ANALYZE RESPONSES, RE: EMPLOYEE HEALTH BENEFIT PLANS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize publication in May, 1999 of multiple Requests for Proposals to obtain bids for a fully-insured program and for a self-funded program for employee medical, prescription and mental health benefits; authorize the Wittner National Group to analyze the responses and provide an executive summary of the responses received, including a financial analysis to the Board-appointed Insurance Committee; and appoint the Insurance Committee as the Selection Committee.

Commissioner Voltz inquired why ambulance service is include since the County provides ambulance service; with Human Resources Director Frank Abbate advising that is not just for County ambulance service because many retirees and dependents are out of area. Mr. Abbate stated the proposed benefit design is not set in stone and may be tweaked.

Commissioner Higgs stated it says the Insurance Committee will act as the Selection Committee and make recommendations to the Board which she intends to listen to; but expressed concern about calling it a Selection Committee as the Board makes the decision.

Discussion ensued on the recommendation of the Committee, Board not being bound by the recommendation, whether a Commissioner will serve on the Selection Committee, each Commissioner having one appointee, and possibility of violating the Sunshine Law.

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

PERMISSION TO OBTAIN OPINION FROM STATE ATTORNEY GENERAL, RE: PUBLIC RECORDS LAW DISCLOSURE REQUEST FOR RADIO SYSTEM INFORMATION

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the County Attorney to request an opinion from the State Attorney General concerning Florida Public Records Law disclosure request from Terrence Brennan on radio system information. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING RESOLUTION NO. 99-011 TO ALLOW ADDITIONAL 90 DAYS FOR CITIZENS JAIL REVIEW COMMITTEE REPORT

Motion by Commissioner Voltz, to adopt Resolution amending Resolution No. 99-011 to allow an additional 90 days for the Citizens Jail Review Committee Report.

Commissioner Voltz stated the Committee understood that it was to address only the jail overcrowding and not the issue of funding; but she thinks the Committee should address the issue of funding. Commissioner Higgs inquired if the Board should include that in the Resolution.

Commissioner Voltz amended the motion to include direction for the Committee to address the funding issue for construction and operational costs of the jail. Commissioner Carlson seconded the motion. Motion carried and ordered unanimously.

The meeting recessed at 11:54 a.m. and reconvened at 1:00 p.m.

DISCUSSION, RE: MEETING ADVERTISEMENT FOR MAY 11, 1999 MEETING

Commissioner Voltz inquired how the lunch meeting on May 11, 1999 should be advertised; and does it have to be done separately or is it an extension of the Board meeting. Chairman Scarborough suggested discussing the issue at the end of the meeting.

DISCUSSION, RE: INCREASE CBO FUNDING ALLOCATION FOR FY 99-2000, ADDITIONAL MEMBERSHIP TO CBO ADVISORY BOARD, AND FUNDING PREFERENCES

Michael Fitzgerald, President of Project Response, stated he is present to support Commissioner Voltz's attempt to get more money for the CBO organizations, and to express concern about the process whereby CBO money is given out to the same organizations year after year. He stated in 1995 he was part of the team which put together the CBO guidelines; in other counties, a group receiving funds is ineligible to receive funds for the next two years; and explained why that is done. He stated Project Response has applied for CBO money for the last two years and has been rejected; Florida is the fastest growing state for AIDS infection; and it is alarming for a county like Brevard County, which has up to 15,000 people who are HIV infected, not to do something about it. He stated the face of AIDS has changed, and affects women, teenagers, and senior citizens. He stated Housing and Human Services has done an outstanding job each year administering the grant; and he hopes it will continue.

Betsy Farmer, Executive Director of the Space Coast Early Intervention Center, stated some of the students and their families from the Center are present today; and she asked them to join her to remind everyone that CBO funding is not about more money for agencies, but helping to meet the needs of the children and families. She stated at the CBO funding meeting, when they were told there was not an increase again this year, she felt frustration; the non-profit agencies meet an important need in the community; they understand originally CBO funding was designed to be seed money; but there are many organizations that need continuing funding. She requested the Board consider increasing the funds, and not view the groups as charities; and stated the groups are part of the County's team to help meet the needs of people in the County. She stated the taxpayers want the needs to be met; no group is asking for total support; and it is difficult being on the front line trying to meet the needs of the people in the community. She suggested having members of the CBO Committee make site visits to the agencies to better understand what is being done; stated it is difficult to make the dollars stretch; the groups employ thousands of people in the community; and they are doing the best that they can. She stated no group is looking for a handout; but they need help.

Richard Nebenfuhr, former Director of HOW House, Inc., stated the agency is one of two licensed residential treatment facilities in the County; advised of his experience; and advised all of the agencies doing work in the community are fantastic and supportive. He stated all the non-profits run on shoestring budgets; however, the needs are getting bigger, and the money allocated is staying the same. He stated it is embarrassing what his staff is paid, but they are asked to go above and beyond the call of duty; they are not asking for a handout; but they have a fiduciary responsibility to make sure the money that is given through the County is spent wisely. He stated the amount of increase being requested seems like a lot, but the agencies need it.

Joe Steckler, representing Brevard Alzheimer's Foundation, stated the County has a population of over 460,000 people; of those 85,000 are over the age of 65; and Brevard County is the twelfth oldest county in Florida, and the 26th nationally. He stated non-profit organizations save the County a lot of money for services that maybe the government should provide; and requested the County's help in providing the services. He stated $179,000 of new project money for in-home respite will be brought in by the agency this year, which equates to $188 of help per week per family, whereas it would cost Medicaid over $700 a week; County money is saved when non-profit organizations keep people out of nursing homes; and it results in savings to the County when $194,000 of assistance to help dementia people who cannot afford care is brought in. He stated they raise money to buy down the cost of unit service to insure that service comes to the County; it costs approximately $40,000 to do that; and that comes from local fundraising money. He stated if all goes well, there is $300,000 in the State budget to build a new center in the Micco/Barefoot Bay area; requested the County assist with $75,000 of construction funds to put a new program for the elderly in place; and advised it meets every requirement for CDBG program funding. He stated there is also $275,000 of new respite care money in the budget that will be effective in July. He stated many other non-profit organizations do the same things to bring in funding; and the use of County management dollars to manage new services and help organizations start up and continue services is an effective use of County dollars.

He stated people over 65 do not expect or ask the County to take care of them; all they expect is an equal or fair apportionment of the money that the County government has to provide services; but $383,000 out of a $530 million budget, which is seven-hundredths of one percent, in a County where 18.3% of the people are over 65, is not an equitable apportionment. He advised the three leading care recipients for home care and caregiver needs are Alzheimer's, multiple sclerosis, and stroke.

Wallace Perkins, representing Mt. Carmel of City Point Human Services, Inc., stated the problem is at each end of the spectrum, and the children and the elderly are at risk. He stated people are living longer and should live better; children's homes are being fragmented because there is not enough income to keep them all together; and when children scatter early in the life, the cost is great. He stated they are investing in the future; when his generation moves off the scene, the next generation will be in charge; and his organization thinks in terms of collaborative consortiums and volunteerism. He stated the elderly are a recyclable resource with all kinds of wisdom and knowledge; there are an equal number of young people who do not have it together; and suggested mentoring one on one. He stated people would come off the tax-supported rolls and go on the taxpaying rolls; and there would be educated young people ready to take their place in society. He advised of the need for entry level skills and motivation to get a job; and stated with additional funding it will be possible to get the people who are falling through the cracks and show them the way. He stated the benefit will be a better community, better families, and better people.

Tony Boyles thanked Commissioner Voltz for her recommendation concerning CBO funding. He stated the County is relatively affluent, yet there is poverty and special needs; and quoted from a prophet concerning caring for the poor. He stated the CBO Advisory Board read thousands of pages documenting the needs of various groups; and the needs are legion. He stated the CBO Advisory Board has struggled with its allocation of $373,000 to make the dollars go as far as they can; one of the speakers said in other counties there is a rule that an agency can only get funding once in three years, which is a laudable standard; but one of the standards the Advisory Board deals with is to use the monies to leverage as many dollars of outside money as it possibly can, while at the same time reserving a portion to use for new organizations and agencies. He stated a $500,000 increase is a start, but it does not represent enough money to do the job; and a memo outlining four proposals was sent to each Commissioner. He stated the second proposal is to increase the CBO Advisory Board; outlined the previous composition of the Advisory Board; and recommended the CBO Advisory Board membership be increased to include representatives from the United Way, Children's Services Council, CDBG Advisory Board, and Community Action Agency Advisory Board or Board of Directors. He stated the recommendation was to increase the Advisory Board to 13 members, but that is an unmanageable number. He outlined the procedure and timeframe for considering the proposals to the CBO Advisory Board; and stated at the conclusion a report will be sent to the Board as a recommendation for funding.

Commissioner Voltz stated she agrees $500,000 is just the tip of the iceberg; and it is not nearly enough. Chairman Scarborough suggested taking things item by item. Commissioner Voltz stated the Board needs to look at it on a yearly basis.

Motion by Commissioner Voltz, to increase the CBO funding to $500,000.

Commissioner O'Brien stated he cannot support the motion because it is taxpayers' money, and not the Board's to give away. Commissioner Voltz disagreed. Commissioner O'Brien advised he is already paying for programs such as Medicare and Medicaid through federal taxes; what the Board is doing is charitable enough with local taxpayers' money; and the taxpayers sent a message years ago that they would make the choice of where to make charitable donations.

Chairman Scarborough seconded the motion. He expressed concern about taking a budget item out of budget sequence; and inquired how far is staff into the budget; with County Manager Tom Jenkins responding it is in the very preliminary stages, and revenues are not known yet. Chairman Scarborough stated the Board is asking the CBO Advisory Board to make recommendations based on a preliminary budget; and suggested instructing the Advisory Board to prioritize at the $500,000 level.

Discussion ensued on the amount of the increase, responsibility to children, dividing money between all organizations, standards for allocation, having a viable program, Alzheimer's Foundation as an example of leveraging money, monetary and non-monetary contributions to human services programs, and looking at the total picture.

Commissioner Higgs stated she supports an increase in the funding for the next fiscal year, and is willing to say it is a priority; but the Board does not know how much money it has; and when the money is counted, there could be a problem. She stated there have been indications the County may see less State revenue this year; and it is difficult to vote affirmatively for a particular amount of dollars. She stated in recent years there has been a change in philosophy at the federal and State levels which has decreased the amount for human services; non-profit groups have tried to pick up the slack, but it has been difficult; and because there are tax decreases at the federal and State levels, local government has to do certain things in terms of services. She stated that may be appropriate because local governments understand the needs; but it is going to be difficult because as the State decreases taxes, dollars that have been coming down to agencies to provide services are not there any more; and the agencies will be looking toward other people. She stated money for alcohol and drug abuse treatment used to come through federal and State grants; those dollars are no longer there, but the people still have the needs; and there are real costs to the community when those people do not get treatment. She stated the Board should look to the real cost to the community and how it can make a difference; she wants to support the increase, but is concerned with how to deal with it in the budget; and suggested a motion to direct staff to put the increase as a high priority.

Commissioner Voltz stated that will be fine; and amended the motion to direct staff to put the increase to $500,000 as a priority.

Chairman Scarborough inquired is the CBO looking at requests for next year's budget or now; with County Manager Tom Jenkins responding FY 1999-2000. Family and Children's Services Director Jasper Trigg advised it would become effective on October 1, 1999. Chairman Scarborough stated the Board could direct the CBO Advisory Board to allocate up to the existing level, and them prioritize above the existing level to $500,000; and then the Board will move through the budget knowing exactly what it can get. Commissioner Voltz stated that is fine; and she was thinking it was this year's budget, but it is next year's budget. Commissioner Higgs stated that is reasonable and as the Board sees what the resources are, it can meet the needs as they are prioritized.

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

Commissioner Voltz stated numbers 2 and 4 are together; and people do not give money to the Children's Services Council because they are not a 501c3 organization, and they are not tax deductible donations.

Chairman Scarborough inquired if Commissioner Voltz's suggestion is to increase the CBO membership this year; with Commissioner Voltz responding it is already too late this year. Commissioner Voltz stated if the CBO was a 501c3 foundation, it could go after dollars it cannot get currently, and use that money to get more from the State and federal government and from private donations; but that is a lot for a committee of just five or seven people. She stated there are a lot of people in the community who need to have decisions regarding some of those items such as the School Board, County Health Department, Children's Services Council, Workforce Development Board, Senior Resource Alliance, United Way, law enforcement, and faith-based organizations; they do not want people involved in making the decisions who will be coming to the CBO for money; and a west Florida County has been able to pull in a lot of money through grants because it has a foundation. Chairman Scarborough inquired if Commissioner Voltz has discussed this with the CBO Advisory Board; with Commissioner Voltz responding she discussed it with staff. Chairman Scarborough recommended Commissioner Voltz take this to the CBO Advisory Board to get input; with Commissioner Voltz responding she can do that. Chairman Scarborough recommended Commissioner Voltz make sure the Advisory Board understands its part in it; stated he does not think anyone is opposing this, but the idea is a little rough to vote on today. Commissioner Voltz stated she wanted to bring it to the Board's attention; and there is staff approval.

Commissioner O'Brien expressed concern about enlarging membership of the Advisory Board; stated the Board did that once and had all kinds of problems; and when it cut back the membership to five, the problems went away. Commissioner Higgs stated when it was seven on the Advisory Board, the United Way and the Children's Services Council were on it. Commissioner O'Brien stated the Commissioners' ability to appoint someone who reflects their personal belief is important; and he does not want to expand the Board because of the previous problems.

Commissioner Voltz stated the Board should vote on who should be on the Advisory Board; but because of the possibility of getting a lot more money, five people may not be enough to make the decision; and there needs to be more input and more people involved. She advised of the need for appointees who know what is going on in the community in terms of needs; but she will wait on the two items until it can be worked out with the CBO Advisory Board.

Commissioner Higgs stated six or seven years ago, the funding for organizations came before the Board, and there was no public group or proposal process to look at them; and the current process is much better. She stated the original Committee included the United Way and Children's Services Council, and she would support that change today; but thirteen is too large a group. She stated she would rather it stayed at five members than to select someone who might be representing the other agencies; so if the desire is to move to seven, she will support that.

Chairman Scarborough stated Mr. Boyles suggested having four additional members. Commissioner Higgs stated she would support that. Commissioner Carlson inquired if it would be possible to retain the five-member Advisory Board and then have an ad hoc board that would be the agencies. Commissioner Higgs stated she can support appointing two or three more, but thirteen is too many members. Commissioner Carlson stated that might not bring in all the people Mr. Boyles was talking about such as the CDBG Advisory Board and Community Action Agency. Commissioner Voltz stated the problem is where to cut it off and who gets left out. Chairman Scarborough recommended Commissioner Voltz meet with the CBO Advisory Board, and report to the Board. He stated the Board is willing to enlarge the Advisory Board, but it needs to know how it will work. Commissioner Voltz stated she will be glad to do that; and inquired if the Board wants to wait on the foundation issue. Commissioner O'Brien inquired if the Board goes with the foundation, will that be a paid position or volunteer position; with Commissioner Voltz responding it will probably be through staff but will need to be worked out. Commissioner O'Brien stated if the County is missing grant money that it should be receiving, that should be corrected.

Commissioner Higgs inquired if the idea will go to the CBO Advisory Board and then come back; with Commissioner Voltz responding she is not sure that it needs to go to the CBO Advisory Board; and the Board needs to decide that. Commissioner Higgs stated she wants clarification as to exactly how the foundation will work in relationship to how other agencies are doing grant writing because it should not be in a position of competing with United Way, etc. Commissioner Voltz stated there are grants that only counties can go after; and the County does not want to compete with the agencies. Chairman Scarborough stated Commissioner Voltz's memo says it would be for grants not currently tapped by existing programs, and it is intended to be a separate group from the CBO Advisory Board; but it would be helpful if additional information was provided on the options available, who has done this, and what they are doing. Commissioner Voltz advised she will do that. Commissioner Carlson stated she is curious about a governmental agency setting up a foundation and being the recipient of funds that might be donated through other foundations or other fundraising things; and it should be a separate entity. Chairman Scarborough stated that is what Commissioner Voltz suggested in her memo. Commissioner Carlson requested the questions be answered; with Commissioner Voltz advising she will get all that information together.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize Commissioner Voltz to meet with the CBO Advisory Board concerning additional membership, and direct staff to provide a report on how other foundations are operating and an analysis on how the funds are leveraged. Motion carried and ordered unanimously.

Commissioner Voltz stated the third one is who gets funded; but she will discuss that with the CBO Advisory Board, unless the Board has a preference. Commissioner Higgs stated it should go to the CBO Board without the Board setting up a particular set of standards; the Board wants money leveraged, and for people to collaborate and not duplicate services; but the Board should not go beyond those broad guidelines. Commissioner Voltz stated since the Board is going to hire someone to do the comprehensive strategy and identify risk factors, the risk factors could be prioritized. Commissioner Higgs stated at the time the Board gets the report, that can be done. Commissioner Carlson inquired if in the past the Board has gotten an analysis of how the dollars are leveraged; with Mr. Trigg responding he can provide that information.

DISCUSSION, RE: ADVERTISING MEETING

Commissioner Voltz stated next week when Drug Czar James McDonough visits, there will be a lunch held upstairs; and inquired if that has to be advertised separately to avoid the appearance of violation of the Sunshine Law. County Attorney Scott Knox advised when the standard weekly announcement of meetings is made, that can be included. Commissioner Voltz requested Mr. Jenkins advertise the meeting.

DISCUSSION, RE: AGENDA ITEMS FOR MAY MEETINGS

Chairman Scarborough stated the County Manager just distributed a list of coming agenda items; and the question is whether the May 25, 1999 meeting is impacted to the point where an additional meeting is needed.

County Manager Tom Jenkins stated if the Board wishes to set another meeting, some of the things on the May 11, 1999 Agenda can be moved.

Discussion ensued on starting the night meeting at 4:00 p.m., whether all items on agenda are necessary, delaying non-critical items to July, splitting May 25, 1999 agenda into two meetings, and date for additional meeting.

Chairman Scarborough stated the Board will have an additional meeting on May 24, 1999, and the May 25, 1999 agenda will be split between the two meetings.

CORRECTION, RE: ANNOUNCEMENT CONCERNING DEPARTMENT OF ENVIRONMENTAL PROTECTION PUBLIC HEARING

Chairman Scarborough stated he gave incorrect information earlier when he announced the Department of Environmental Protection would be holding a public hearing on May 13, 1999 at 7:00 p.m. at the Agriculture Center to address the Notice of Intent to Issue Permit to Oleander Power Company. He stated that is not proceeding because objections have been filed.

DISCUSSION, RE: TELEVISING WORKSHOP

Chairman Scarborough stated it would be advantageous to televise the workshop which will be held in the Commission Room on May 10, 1999; there will be a lot of discussion about performance zoning; and the more people that hear about it, the better. County Manager Tom Jenkins inquired if Chairman Scarborough wants it videotaped for public play. Chairman Scarborough stated normally the Board does not televise workshops because they are not held in the Commission Room. Mr. Jenkins noted the Board meeting is on Tuesday, May 11, 1999, and the public meeting is on Monday. Chairman Scarborough stated he would like to sit in on the public meeting. Mr. Jenkins advised the Board has a visioning workshop upstairs at the same time. Chairman Scarborough requested the public meeting be televised so more information will be disseminated on the performance standards concept.

Commissioner Voltz inquired who will run the meeting; with Assistant County Manager Peggy Busacca advising Mr. Kendig's plan is to take input from the citizens; his philosophy of performance zoning is that it is a problem solving tool; and unless he understands the problems, he cannot make suggestions. Ms. Busacca stated after Mr. Kendig listens to the public on Monday, he will speak to the Board on Tuesday on recommendations based on what he heard the day before. Commissioner Voltz stated she hopes this is not one of those workshops where 200 people come and say the same thing. Chairman Scarborough stated he hopes Mr. Kendig sets forth what performance zoning is before he opens it up for comments. Ms. Busacca stated Mr. Kendig will make a brief presentation, but his intent is to listen. Chairman Scarborough stated when things are opened up for comment, there will be comments on things other than what is to be addressed; and Mr. Kendig needs to clearly define that. Ms. Busacca stated Mr. Kendig was aware of that when he was briefed, but he still felt in order for there to be community buy-in on this, that the community had to be heard on their issues and concerns. Chairman Scarborough stated it is important for him to make significant presentation so there is directed rather than random comment. Ms. Busacca assured Mr. Kendig has slides and all kinds of things to share.

Chairman Scarborough reiterated he would like to see the meeting televised; with Mr. Jenkins advising it will be necessary to get airtime from BCC. Commissioner Voltz stated there is no hurry in showing it; and it can be shown during June when the Board is off. Commissioner Carlson inquired if the Commissioners can be provided with a summary of points made by citizens; with Commissioner Higgs advising that is what Mr. Kendig will give the Board on Tuesday.

Chairman Scarborough stated he has been listening to the public for 20 years; he does not need for Mr. Kendig to tell him what the public is saying; and what he should do is lay something new on the table and get response. Commissioner Carlson stated Mr. Kendig needs to create the framework for discussion. Mr. Jenkins stated he is confident Mr. Kendig will do that; and it can be taped for the Commissioners. WARRANT LIST

Upon motion and vote, the meeting was adjourned at 2:11 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(SEAL)