The Board of County Commissioners of Brevard County, Florida, met in regular session on September 15, 1998, at 9:00 a.m., in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Murray.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of July 23, 1998 Special Meeting, July 28, 1998 Regular Meeting, July 30, 1998 Zoning Meeting, August 13, 1998 Workshop, and August 20, 1998 Special meeting. Motion carried and ordered unanimously.

REPORT, RE: MERRITT ISLAND v. TITUSVILLE

Commissioner O'Brien advised Merritt Island High School 9th graders played football against Titusville High School 9th graders and lost; and noted the average size and weight of the Titusville team members.

PERSONAL APPEARANCES - ROY BRIDGES, JR., DIRECTOR OF KSC, AND EDMUND GORMEL, EXECUTIVE DIRECTOR OF JOINT PERFORMANCE MANAGEMENT OFFICE, RE: JOINT NASA AND USAF BASE OPERATIONS CONTRACT

Roy Bridges, Jr., Director of Kennedy Space Center, and Edmund Gormel, Executive Director of Joint Performance Management Office, gave an in-depth slide presentation on the newly awarded Joint NASA and USAF base operations contract, identifying its importance to the County; and advised how they competed for it, and what they are doing to attract more launch businesses to the community. They gave an overview of the contract mission to advance aerospace technology, and make Kennedy Space Center the center of excellence and the launch capital of the world, and to explore the Earth, Moon, Mars, and beyond, faster, better, and cheaper. They noted they are undergoing downsizing; the contract is a big enabler to help them achieve that goal; it is a new way of doing business; and they are trying to bring back activities that were lost, improve customer base, have single-point activities, enhance how they do business, provide more opportunities, and have more technical improvements using satellites for telemetry. They stated it will improve relationships between the Air Force and NASA, minimize efforts, lower cost of operation, cut back on red tape for commercial customers, reduce government involvement, reinvest savings into aging infrastructure, and have businesses want to come to Florida. They described the performance management contract and how it will benefit the community, and the long-term possibility of having humans explore other planets.

Commissioner Scarborough inquired about Russia; and Mr. Bridges responded with personal comments that they are technically competent and tough people who can work and produce in spite of difficulties; and the first two pieces they are building for the space module are over 90% complete. He noted the project is a pioneering partnership that is bringing 16 nations together which is good for mankind; they need to stay the course; and they request the Board stand behind them.

Commissioner Cook thanked Messrs. Bridges and Gormel for the briefing, noting there are exciting times in the future, and the Board will stand behind them.

Chairman Voltz advised she has been to Kennedy Space Center and Canaveral Air Force Station; it is a wonderful program; and thanked Messrs. Bridges and Gormel for letting Brevard County know what is going on at Kennedy Space Center and Canaveral Air Force Station.

APPROVAL, RE: DONATION OF PROPERTY TO JUVENILE ASSESSMENT CENTER

Chairman Voltz requested the Board approve donation of surplus furniture at the Melbourne Courthouse Portable C to the Juvenile Assessment Center.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to donate a podium, four benches, one four-drawer legal file cabinet, one ten-foot conference table, three credenzas, three mauve chairs, nine brown chairs, one black chair, one small conference table, two three-shelf wood bookcases, one four-drawer file cabinet, and one wooden stool to the Juvenile Assessment Center. Motion carried and ordered unanimously.

REPORT, RE: FUNDING OF POSTAGE FOR ARTICLE V FUNDING REVISION NOTICES

Chairman Voltz advised they will be sending information to absentee voters on Revision 7 to Article V funding; and will handle all of the initial mailing if the County can pay for the postage of notices that are sent after the initial mailing.

Commissioner Cook expressed concern about getting involved with promoting an issue even if he agrees with the issue; Commissioner Higgs requested more information; and Chairman Voltz instructed the County Manager to schedule the item on the September 29, 1998 Agenda.

UNPAVED ROAD AGREEMENT WITH ALLEN AND ADRIAN DYE, RE: ADRIAN WAY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with Allen and Adrian Dye for construction of Adrian Way in the existing County right-of-way pursuant to Ordinance No. 97-02. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: CLUBHOUSE DRIVE EXTENSION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Clubhouse Drive Extension, subject to minor engineering changes as applicable, and Board approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA, TRACT 12, UNIT 1, PARCELS 1-3, PHASE 2B

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Viera, Tract 12, Unit 1, Parcels 1-3, Phase 2B, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUNTREE NORTH, PHASE 3, MISTY CREEK, UNIT 2

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Suntree North, Phase 3, Misty Creek, Unit 2, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

APPROVE OUTSIDE MUSIC EVENT AND WAIVE PERMIT REQUIREMENTS, RE: EASTER SEALS SOCIETY OF EAST CENTRAL FLORIDA

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve outside music event for the Easter Seals Society of East Central Florida on October 10, 1998, from 12:00 noon to 11:00 p.m., at the North A1A Shopping Center, 220 North A1A, Satellite Beach; and waive permit application requirements of medical personnel, security, and disclosure of financial backing. Motion carried and ordered unanimously.

ACCEPT GRANT, AUTHORIZE CHAIRMAN TO SIGN DOCUMENTS, AND APPROVE TEMPORARY LOAN, RE: COMMUNITY BICYCLE SAFETY PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the Community Bicycle Safety Program Grant for FY 1999 in the amount of $15,000; authorize the Chairman to sign all necessary documents; and approve temporary loan not to exceed $15,000 from the General Fund. Motion carried and ordered unanimously.

APPROVE RECOMMENDATIONS AND BUDGET CHANGE REQUESTS, AND AUTHORIZE CHAIRMAN TO SIGN AGREEMENT, RE: TRANSPORTATION IMPACT FEE PROJECT FOR BENEFIT DISTRICT 9

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve funding recommendations of the Transportation Impact Fee Technical Advisory Committee for Benefit District 9, and Budget Change Requests; and execute First Amendment to Transportation Impact Fee Disbursement Agreement with City of Cape Canaveral. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 97-82, RE: SCHEDULE OF FEES FOR GROWTH MANAGEMENT DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution amending Resolution No. 97-82, Schedule of Fees for Growth Management Department, to correct a scrivener's error, re-establishing the fee for determination of substantial deviations at $1,000.00. Motion carried and ordered unanimously.

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: SHERIFF'S FARM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Easement conveying to Florida Power & Light Company a 12-foot easement located at the Sheriff's Farm in Cocoa. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH R.K.T. CONSTRUCTORS, INC., RE: FORTENBERRY AVENUE AND PLUMOSA STREET INTERSECTION IMPROVEMENTS, AND MERRITT RIDGE BASIN 3 STORMWATER PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract Modification #1 with R. K. T. Constructors, Inc. for Fortenberry Avenue and Plumosa Street Intersection Improvements, and Merritt Ridge Basin 3 Stormwater Project, in the amount of $2,722.74; approve final payment of $93,873.66; and authorize payment of $897.51 to Cocoa Beach Area Chamber of Commerce for repairs to its sprinkler system in relation to the project. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH RICHARD E. AND JOSEPHINE L. CRAIG, RE: MICCO SURFACE WATER TREATMENT PROJECT/CENTRAL BOULEVARD/ALLEN AVENUE SIDEWALK PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract for Sale and Purchase with Richard and Josephine Craig for property needed for Micco Surface Water Treatment Project, and pedway on Central Boulevard and Allen Street, at a cost of $30,000. Motion carried and ordered unanimously.

PROFESSIONAL SERVICES AGREEMENTS, RE: CONTINUING CONSULTANT SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Professional Services Agreements with Bussen-Mayer Engineering Group, Inc., Post, Buckley, Schuh & Jernigan, Inc., Outlaw, Rice, Soyka & Sweeney, Inc., and Frazier Engineering, Inc. for continuing consultant services; and authorize the County Manager or his designee to execute renewal options as outlined in the Agreements. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE, AND TEMPORARY LOAN, RE: SHEPARD DRIVE EXTENSION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with City of Titusville for landscaping of Shepard Drive Extension; and approve a temporary loan from Fund 1420 to cover installation costs. Motion carried and ordered unanimously.

RIGHT-OF-WAY CONSENT AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: DRAINAGE IMPROVEMENTS IN BURGESS AND QUARNO ROAD AREA

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Right-of-way Consent Agreement with Florida Power & Light Company to install a culvert across an existing Florida Power & Light Company easement for drainage improvements in Burgess and Quarno Road area. Motion carried and ordered unanimously.

FIRST AMENDMENT TO AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: STORMWATER MANAGEMENT COST SHARE PROGRAM FOR FLEMING GRANT ROAD RETENTION POND

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute First Amendment to Agreement with St. Johns River Water Management District for Stormwater Management Cost Share Program funds for Fleming Grant Road Retention Pond. Motion carried and ordered unanimously.

RESOLUTION AND CONSERVATION EASEMENT TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: PORT ST. JOHN EAST CONNECTOR ROAD MITIGATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute Conservation Easement to St. Johns River Water Management District to mitigate wetland loss associated with Port St. John East Connector Road project. Motion carried and ordered unanimously.

CHANGE ORDER NO. 4 WITH PAVCO CONSTRUCTION, RE: COCOA BEACH PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 4 to Agreement with PAVCO Construction for Cocoa Beach Public Library, increasing contract price by $2,376.70 for relocation of light fixture, temporary irrigation hookup, credit for bronze plaque, and door change. Motion carried and ordered unanimously.

CHANGE ORDER NO. 4 WITH PAVCO CONSTRUCTION, RE: EAU GALLIE PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 4 to Agreement with PAVCO Construction for Eau Gallie Public Library, increasing contract price by $4,113.35 for installation of water meter and line and concrete driveway. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH LARCON CONSTRUCTION CORPORATION, RE: LAKE WASHINGTON PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 2 to Agreement with Larcon Construction Corporation for Lake Washington Park, increasing contract price by $3,017.04 for three handicap signs, dumpster enclosure, repair of water line, and construction of forms for footers. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH CHESTER AND DONICE WHEATLEY, AND PERMISSION TO CONVEY PROPERTY TO EEL'S PROGRAM, RE: LANDS FOR PORT ST. JOHN EAST CONNECTOR ROAD MITIGATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract for Sale and Purchase with Chester H. Wheatley and Donice F. Wheatley, to purchase 1.5 acres needed to mitigate scrub jay impact on the Port St. John East Connector Road project at $4995.00 plus $1,500 management fee; and approve transfer of property to the Environmentally Endangered Lands Program for perpetual management. Motion carried and ordered unanimously.

APPROVAL OF FUNDING AND LANDSCAPE PLAN, RE: SHEPARD DRIVE AND GRISSOM PARKWAY IN SPACEPORT COMMERCE PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve landscape plan for Shepard Drive and Grissom Parkway in Spaceport Commerce Park; and authorize funding for the project from Fund 0070, Account 72000. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COUNTY MEDICAL SOCIETY, INC., RE: "WE CARE PROGRAM"

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Brevard County Medical Society, Inc. providing $25,000 for the "We Care Program" from October 1, 1998 through September 30, 1999. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COUNTY HEALTH DEPARTMENT AND BREVARD COUNTY DENTAL SOCIETY, INC., RE: ADULT DENTAL CLINIC

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Brevard County Health Department and Brevard County Dental Society, Inc. providing $25,000 for the Adult Dental Clinic from October 1, 1998 through September 30, 1999. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH SERENE HARBOR, RE: DOMESTIC VIOLENCE SHELTER

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Serene Harbor modifying the Agreement for compliance purposes, reporting requirements and improvement schedule changes. Motion carried and ordered unanimously.

AGREEMENT WITH COMMUNITY SERVICES COUNCIL OF BREVARD, INC., RE: SENIORS AND DISABLED ADULT PROGRAMS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Community Services Council of Brevard, Inc. providing $13,000 for Community Care for the Elderly, $75,000 for Senior Nutrition Programs, and $15,000 for Seniors Assistance Program, from October 1, 1998 through September 30, 1999. Motion carried and ordered unanimously.

AGREEMENT WITH JANCY PET BURIAL SERVICE, RE: PICK-UP AND DISPOSAL OF ANIMAL CARCASSES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Jancy Pet Burial Service to provide pick-up and disposal of animal carcasses from North and South Brevard Animal Shelters, Central Brevard Humane Society, Brevard County Animal Services and Enforcement Office, and Florida Aid to Animals, from October 1, 1998 through September 30, 1999, with option to renew an additional year, at $43,800 per year. Motion carried and ordered unanimously.

AGREEMENT WITH SPCA OF NORTH BREVARD, INC., RE: NORTH BREVARD ANIMAL SHELTERING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Society for the Prevention of Cruelty to Animals of North Brevard, Inc. (SPCA), to provide animal sheltering services from October 1, 1998 through September 30, 1999 at $46,350 annually, with option to renew for an additional year. Motion carried and ordered unanimously.

AGREEMENTS WITH DEPARTMENT OF COMMUNITY AFFAIRS, DESIGNATION OF AUTHORIZED REPRESENTATIVE, AND APPROVAL OF BUDGET SUPPLEMENTS, RE: WEATHERIZATION ASSISTANCE GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreements with Department of Community Affairs for Low Income Emergency Home Repair Program (LEHRP), Weatherization Assistance Program (WAP), and Weatherization/Low Income Home Energy Assistance Program (WAP/LIHEAP) grants of $76,570, $25,280 and $66,146 respectively; and designate the Housing and Human Services Director as the County's authorized representative to execute the necessary documents and make changes if necessary. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH ORANGE COUNTY LIBRARY SYSTEM, RE: RECIPROCAL BORROWING

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with Orange County Library System for reciprocal borrowing of library materials. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH MERRITT ISLAND PUBLIC LIBRARY TAX DISTRICT BOARD, RE: INSURANCE COVERAGE FOR NEW FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Merritt Island Public Library Tax District Board, to provide insurance coverage for the expanded facility. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CITY OF CAPE CANAVERAL, RE: INSURANCE COVERAGE FOR NEW FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with City of Cape Canaveral, to provide insurance coverage for the expanded library facility. Motion carried and ordered unanimously.

APPROVAL OF RECOMMENDATIONS, RE: CARNIVAL POLICY FOR WICKHAM PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the recommendations of the South Area Advisory Board for carnivals at Wickham Park, providing for two additional small carnivals each year containing no more than three major rides, no spectacular rides and up to five motorized kiddy rides; organizations permitted to have small carnivals to be selected by lottery in November; 60 days between carnivals; small carnivals limited to seven total days including set up and take down; carnival event sponsors limited to not-for-profit organizations; and $500 per day user fee, damage deposit of $500 and refundable clean-up deposit of $200. Motion carried and ordered unanimously.

AGREEMENTS WITH AMERICAN LUNG ASSOCIATION OF FLORIDA, INC., RE: GOLF CARDS FOR COUNTY GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreements with American Lung Association of Florida, Inc. for use of golf cards at Spessard Holland, Savannahs, and Habitat Golf Courses. Motion carried and ordered unanimously.

OPTION AGREEMENTS FOR SALE AND PURCHASE, AND ASSIGNMENT OF OPTION TO PURCHASE WITH THE NATURE CONSERVANCY, RE: NINE LOTS IN COASTAL SCRUB ECOSYSTEM CARL PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Option Agreements for Sale and Purchase with Rick and Jan Hertenstein, H. A. Boeker, Stephen Black, Estelle Le Cavalier, Craig S. McKinnon, Irvine E. Ross, Abraham J. Brinkhuis, and Debra L. Graham, and Assignment of Option to Purchase Agreement with The Nature Conservancy for acquisition of nine lots in the Coastal Scrub Ecosystem CARL Project. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF PALM BAY, RE: AUTOMATIC AID FOR EMERGENCY MEDICAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with City of Palm Bay for automatic aid for Emergency Medical Services at an annual cost of $4,000. Motion carried and ordered unanimously.

AGREEMENT WITH TOWN OF MELBOURNE BEACH, RE: EXTENSION OF LIFEGUARD SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Town of Melbourne Beach extending lifeguard services on weekends only until October 31, 1998, at $1,927.04. Motion carried and ordered unanimously.

APPROVAL OF ERRORS AND INSOLVENCIES, RE: 1997/98 EMERGENCY MEDICAL SERVICES ASSESSMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve errors and insolvencies for the 1997 Emergency Medical Services assessment in the amount of $23,501.55. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF MELBOURNE, RE: SCAT BUS SERVICE WITHIN THE CITY OF MELBOURNE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with City of Melbourne for Space Coast Area Transit (SCAT) to provide bus service within the City from October 1, 1998 through September 30, 1999, for a revenue of $26,083. Motion carried and ordered unanimously.

MEDICAID WAIVER SERVICES AGREEMENT WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES SERVICES, DEVELOPMENTAL SERVICES PROGRAM, RE: SCAT SERVICE TO DEVELOPMENTALLY-DISABLED CITIZENS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Medicaid Waiver Services Agreement with Department of Children and Families Services, Developmental Services Program, in the amount of $350,000 for Space Coast Area Transit (SCAT) to provide transportation for developmentally-disabled citizens from July 1, 1998 through June 30, 2001. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH C. J. LANGENFELDER AND SON, INC., RE: CONSTRUCTION AND MAINTENANCE OF OFF-SITE MITIGATION AREA AND PARTIAL RELEASE OF RETAINAGE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with C. J. Langenfelder and Son, Inc., for construction and maintenance of Central Disposal Facility's off-site mitigation area; and authorize partial release of retainage to the contractor in the amount of $72,224.30. Motion carried and ordered unanimously.

TASK ORDER NO. 97-10 WITH GLACE & RADCLIFFE, INC., RE: ENGINEERING SERVICES FOR MODULAR BUILDING RELOCATION AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Task Order No. 97-10 with Glace & Radcliffe, Inc. to provide engineering services for relocation of a modular building at the Central Disposal Facility, in the amount of $78,000. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: GRANT FOR DERELICT VESSEL REMOVAL

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Florida Department of Environmental Protection for a grant of $75,850 for removal of derelict vessels; authorize staff to quote and award quote to the lowest quoter for the service; and authorize the Solid Waste Management Director to execute change orders to the Grant Agreement. Motion carried and ordered unanimously.

TASK ORDER NO. 4 WITH CAMP, DRESSER & McKEE, INC., RE: DESIGN OF SOUTH BEACHES REUSE STORAGE TANK AND PUMP STATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Task Order No. 4 with Camp, Dresser & McKee, Inc. in the amount of $136,800 for design of the South Beaches Reuse Storage Tank and Pump Station. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING FEES FOR TESTING pH AND SOLUBLE SALTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution establishing fees for testing of pH and soluble salts in soil and water samples. Motion carried and ordered unanimously.

APPROVAL, RE: PROPERTY, LIABILITY, AND WORKERS' COMPENSATION INSURANCE THROUGH A. J. GALLAGHER & COMPANY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve property, liability, and workers' compensation insurance obtained through A. J. Gallagher & Company, effective October 1, 1998, and authorize the Chairman to sign the applications. Motion carried and ordered unanimously.

SETTLEMENT OF WORKERS' COMPENSATION CLAIM, RE: BRENDA J. HUGHES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to settle workers' compensation claim of Brenda J. Hughes, negotiated by Risk Management and legal counsel thorugh Alexsis, in the amount of $60,000 including all fees and costs. Motion carried and ordered unanimously.

RATIFY MODIFICATIONS TO ARTICLES 12 AND 15, AND AGREEMENT WITH LABORERS' INTERNATIONAL UNION, LOCAL 678, RE: COLLECTIVE BARGAINING

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to ratify modifications to Article 12, Holidays, 15, Wages, and 35, entire Agreement with Laborers' International Union, Local 678. Motion carried and ordered unanimously.

APPROVAL, RE: UNITED HEALTH CARE POS PLAN RENEWAL FOR 1999

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the United Health Care POS Medical Plan Renewal for 1999 including office copayment of $10, hospital inpatient copayment of $100 and premium rate increase of 17% from the 1997 rate; and authorize the Chairman to execute the Amendment to Contract. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: EXCAVATION AND REPLACEMENT OF FUEL STORAGE TANKS AT MERRITT ISLAND, LAKE DRIVE, AND SARNO ROAD SERVICE COMPLEXES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to bid excavation and replacement of fuel storage tanks at Merritt Island, Lake Drive, and Sarno Road Service Complexes; authorize award of bid to lowest responsible bidder; and authorize Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously.

RENEWAL OF CONTRACT WITH PAGENET OF ORLANDO, INC., RE: PAGING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Written Notification of Contract Renewal with Pagenet of Orlando, Inc. for paging services at annual cost of $26,000, effective September 30, 1998; and authorize the County Manager to execute renewal options. Motion carried and ordered unanimously.

RESOLUTION, RE: CALLING FOR A REFERENDUM ELECTION ON PROPOSED CHARTER AMENDMENTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution calling for a referendum election on November 3, 1998, on four proposed Charter amendments recommended by the Charter Review Commission. Motion carried and ordered unanimously.

APPROVAL OF LETTER TO GOVERNOR LAWTON CHILES, AND LOBBY EFFORTS, RE: SELECTION OF BREVARD COUNTY PROJECTS SUBMITTED BY EDC UNDER THE WAGES EMPLOYMENT INITIATIVE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve a letter to Governor Lawton Chiles requesting he select the MSI, Inc., Data Management, and ASTEC projects submitted by the EDC under the WAGES Employment Initiative; and direct County Lobbyist Guy Spearman to assist in lobbying efforts for the projects. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint and/or reappoint Dennis W. Wilt, Paul Vasconi, Russell F. Minton, Jr., Robin Perry, Janis Walters, and Raymond B. Cook to the Valkaria Airport Advisory Board, with terms expiring December 31, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Bob Gross to replace Cherie Thompson on the Historical Commission, with term expiring December 31, 1998; and appoint Dr. Maxwell King to replace Tom Wasdin on the Economic Development Commission of East Central Florida, with term expiring December 31, 1998. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

RESOLUTION, RE: COMMENDING KATHRYN STEWART, LIBRARY SERVICES DIRECTOR

Chairman Voltz read aloud a resolution commending Kathryn A. Stewart, Library Services Director, for her many years of dedicated and loyal service, and wishing her an enjoyable and happy retirement.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution commending Kathryn A. Stewart for her many years of dedication, leadership, and contributions to Brevard County, and wishing her an enjoyable and happy retirement. Motion carried and ordered unanimously.

Ms. Stewart advised it was a pleasure working with the people, the Board members, and her staff who worked so hard to develop the library system. Commissioner Cook stated Ms. Stewart was instrumental in getting the Suntree/Viera Library on-line; and Brevard County has the best library system in the State and one of the best in the country. Commissioner Scarborough stated Brevard County has a literate society due to the improved size, scope, and revolutionized libraries.

Chairman Voltz presented the Resolution to Ms. Stewart.

RESOLUTION, RE: PROCLAIMING POW/MIA RECOGNITION AND REMEMBRANCE DAY

Chairman Voltz read aloud the resolution proclaiming September 18, 1998, as Brevard POW/MIA Recognition and Remembrance Day.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming September 18, 1998, as POW/MIA Recognition and Remembrance Day in Brevard County. Motion carried and ordered unanimously.

Commissioner O'Brien advised he will present the Resolution at the Veterans Memorial Center on Friday night where they will have a special ceremony for the POWs and MIAs. He noted it is a very emotional ceremony, and recommended everyone be part of it.

RESOLUTION, RE: PROCLAIMING NATIVE AMERICAN HERITAGE MONTH

Chairman Voltz read aloud a resolution proclaiming November, 1998, as Native American Heritage Month in Brevard County, and expressing appreciation to the American Indians and Native Alaskans for their valuable contributions to the citizens of Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming November, 1998 as Native American Heritage Month in Brevard County. Motion carried and ordered unanimously.

Rita Divelbiss expressed appreciation to the Board for recognizing Native Americans, and explained the meaning of the feathers they wore. Chairman Voltz presented the Resolution to Rita Divelbiss.

RESOLUTION, RE: NAMING RALPH WILLIAMS, JR. WAY

Commissioner Cook read aloud a resolution naming Ralph Williams, Jr. Way in recognition of his contributions to the citizens of Brevard County.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution naming Ralph Williams, Jr. Way. Motion carried and ordered unanimously.

Commissioner Cook presented the Resolution to the daughter of Mr. Williams who introduced her mother Shirley Williams, and stated her dad would be very proud of the Resolution.

RESOLUTION, RE: RECOGNIZING KIWANIS CLUB OF TITUSVILLE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution recognizing the Kiwanis Club of Titusville on celebrating its 75th Anniversary, and wishing it continued success. Motion carried and ordered unanimously.

The meeting recessed at 10:00 a.m., and reconvened at 10:15 a.m.

STAFF DIRECTION, RE: OPTIONS FOR RELOCATING/REPLACING EXISTING TOWERS

Planner III Tom Myers advised the four options are: (1) replacement of a tower in the exact location; (2) replacement of a tower which lessens the non-conforming conditions to all the various provisions that pertain to distance to residential property, distance from the property line, and distance to the nearest existing tower, which may not be as important in the analysis of a replacement tower as it would in the analysis of a new tower, so the Board may want to throw that out; and it would not create a vast conglomeration of towers in one spot; (3) replacement of a tower at a distance from the existing tower that is within a certain percentage of the existing tower height to be used as the amount of distance they can move the replacement tower and could couple that with No. 2; and (4) come to the Board for approval of a CUP on all replacement towers that are not proposed in the exact location of the existing tower.

Commissioner Scarborough expressed concern about No. 3 because there are all types of different environments and no two things are exactly the same on a piece of property. Commissioner Cook concurred with 1, 2 and 4, and if they do not conform to 1 and 2, they would come back to the Board.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Options 1, 2 and 4 for relocating/replacing existing towers.

Chairman Voltz inquired how would that work; with Commissioner Scarborough responding they can put the tower exactly where it was; they can move it if it is less non-conforming; and if they do not meet either condition, they come to the Board for a conditional use permit. Commissioner Higgs expressed concern with No. 2 that may affect other people if moved significantly in one direction to be more conforming in the other direction. She stated the model ordinance created by the Florida Association of Counties and League of Cities encourages people to use existing sites; and she will support the motion, but it should have some maximum distance. Commissioner Scarborough stated if there is concern that it could come closer to a residential area, it would not be less nonconforming because it would be encroaching more; so that concern is taken care of. He stated it would have to lessen the impact because the Ordinance deals with impact on adjoining properties; and if it is closer, then they would not comply with No. 2. Commissioner Higgs inquired what if it is closer to one residential area and farther away from another; with Commissioner Scarborough recommending the motion include less nonconforming in all elements, then staff can proceed.

Commissioner Cook amended the motion to include the replacement tower must lessen all aspects of nonconforming conditions, or if the replacement tower moves closer to residential, it will have to come to the Board.

Commissioner O'Brien inquired about more than one antenna in the field; with Mr. Myers responding unless they replace two antennas, they cannot put up two antennas under this provision. He stated there are three basic setbacks--(1) five times the tower height setback from residential classifications; (2) 200-foot onsite setback for the tower; and (3) 3,500-foot separation between existing towers and any proposed tower. He noted there are two existing towers within the 3,500 feet, so it would not be as much impact if one moved closer to another as it would if it moved closer to a residential classification or lot line. Commissioner O'Brien inquired what would happen if someone has a tower in the middle of a field and wants to put up another tower 100 feet from it; with Mr. Myers responding if it is on the same piece of property, he would have to show two towers on the application for a CUP and indicate to the Board through a concept plan what they are requesting.

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

Commissioner Higgs advised the Board has wanted to see towers put on established utility facilities; the Ordinance does not specify that as an administrative process; the model ordinance specified that the Board should encourage that; and she wants to encourage existing structures of any kind be used. She inquired if the Board wants staff to draft some language so it would be an administrative process, and encourage the industry, under certain conditions, to get on those structures.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to draft language on how to encourage companies to add antennas to existing utility structures through an administrative process that is outlined in the ordinance.

Commissioner Cook inquired if Commissioner Higgs is referring to telephone poles; with Commissioner Higgs responding she wants to encourage them to add to huge utility power facilities and not residential telephone poles; and that needs to be defined in the ordinance.

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

LICENSE AGREEMENT WITH PRIMECO PERSONAL COMMUNICATIONS, RE: REPLACEMENT AND OPERATION OF RADIO TOWER AT BREVARD COUNTY GOVERNMENT COMPLEX ON MERRITT ISLAND

Sheryl Denan, representing PrimeCo Personal Communications, advised because the tower was reconstructed in the exact location of the existing structure, it changed from a monopole to a lattice tower because the existing tower is right up against the structure and there was no way the footing could be put in against the building. She stated because of some confusion, they would like to have confirmation that this would be considered an administrative review. She noted when it was 75 feet away, additional carriers could have co-located on the tower; but since it has moved, only one carrier could locate on the tower which would be PrimeCo; and that is because of the air conditioning units and underground utilities.

Darren Newsum, representing PrimeCo, advised the issues of the lease were discussed at the last meeting, but he will answer any questions the Board may have. He stated there are some creative things they could do if another carrier wanted to co-locate on the tower, such as stacking equipment. Commissioner Cook inquired if it is currently a lattice tower; with Mr. Newsum responding it is a guide lattice tower. Commissioner Cook stated since the Ordinance on towers will be reviewed for changes, he would like for staff to look at something regarding monopoles because they are less intrusive than lattice towers.

Mike Abels, representing the Sheriff's Department, advised one issue that was not fully discussed is the state of the current tower that houses the Sheriff's microwave equipment; the engineering analysis completed on that tower states, "A thorough examination of the existing tower's current condition indicates a structural failure just waiting to happen. Something should be done immediately before a storm or any type of high wind occurs and the tower is blown over." He presented pictures to the Board on the structural condition of the tower. He stated the agreement is a tremendous economic benefit to the County; the Sheriff's office has been looking at how to do capital improvements necessary to ensure structural integrity of the towers, and how to generate income that would alleviate the County's obligation to provide General Fund dollars to the Sheriff's Office; the replacement of the tower by PrimeCo saves the County approximately $100,000 in capital improvements; and there is approximately $250,000 in revenues over a 15-year period that would be generated through the License Agreement. He noted there could be supplemental benefits if it is possible for PrimeCo to sublease space on the tower.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute License Agreement with PrimeCo Personal Communications for replacement of a tower at Merritt Island Government Complex, with PrimeCo paying the County $12,000 a year for use of the property. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - WILLIAM WUEST, PRESIDENT OF SOUTH PATRICK RESIDENTS ASSOCIATION, RE: LAWN MAINTENANCE CONTRACTS FOR COUNTY PROPERTY AND POLICY FOR MAINTENANCE OF FIRE HYDRANTS

William Wuest, President of South Patrick Residents Association (SPRA), described the area of SPRA; and stated they have a great problem with maintenance of their areas. He stated there are quite a few County areas that have to be maintained; until three years ago, many subdivisions such as Sleepy Lagoon, Lighthouse Landing, North and South Waterway Estates, Lake Shepard, The Moorings, Sea Park, South Patrick Shores, and South Patrick Park thought they were common areas for their subdivisions; and they had been paying for the maintenance. He stated through research, the County has now taken over the maintenance for the last three years; the contract that is usually put up for bid has five winter months or slow-growing season, and seven summer months; but the bid pays the same monthly amount for each of the 12 months. He noted the contracts generally start in the slow winter months; and contractors collect large sums for those five months then seem to disappear, get fired, or refuse to honor the requirements of the contracts. Mr. Wuest advised there are some areas that would be cited by Code Enforcement with weeds three feet or higher especially Ocean Boulevard and SR A1A medians; they have been trying to find a way for those areas to be well maintained; one thing he came up with is that the County start a pro-rated monthly payment schedule, requiring one-third payments for the five winter months and two-thirds for the summer months, so maintenance contractors would not disappear; and explained his scenario. He stated for the last three years the bid system has failed their community; he understands it is a Countywide problem and not just a beachside community problem; there have to be more requirements such as background checks and community references for contractors to guarantee they are not fly-by-nights or people who will disappear from the area. He advised the County runs on a fiscal year which means contracts generally start in the slow winter months; perhaps maintenance contracts could be scheduled to work on a calendar year with slow months in the beginning and at the end of the contract; and that may encourage contractors to stay and keep the areas looking the way they should. Mr. Wuest advised the second item they are concerned about is that fire hydrants have not been tested for flow or anything else in over ten years; Satellite Beach and Patrick Air Force Base have yearly flow test policies; Cocoa Beach, which is under the City of Cocoa, has a yearly flow test policy; and the unincorporated areas have no policy whatsoever. He stated they are concerned with salt erosion; air conditioners on the east side of homes last five years if they are lucky; they are not sure the hydrants can be opened should there be a fire; he contacted Jack Parker, Chief Bill Farmer, and Fire Inspector Frank Skates who ordered flow test pressure equipment; and firemen at Sea Park Fire Station are now being trained for it in their area and will test every fire hydrant in the community. He encouraged the Board to set a standard policy for all unincorporated Brevard, not just their community. He noted they had a fire in June and the fire department had trouble with a fire hydrant closest to the fire; but through help from neighbors using their hoses they were able to put it out without large damage.

Commissioner Cook recommended the County Manager look at redoing the contracts as it has been an ongoing problem with lawn maintenance contracts. He stated he wants to see if there are ways to improve it and make it more of an incentive to stay during the summer months when maintenance is most productive. He stated the fire hydrants in South Patrick area are in the process of being tested; but there should be a County policy on testing all fire hydrants in the unincorporated areas.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Manager to find ways to improve lawn maintenance contracts to give more of an incentive to stay during the summer months; develop a policy for testing fire hydrants; and place the item on a future agenda. Motion carried and ordered unanimously.

Commissioner Cook recommended the County Manager immediately address the concerns of Ocean Boulevard and A1A medians. He stated even if there is a problem with the maintenance contractor, those areas need to be immediately addressed.

Commissioner O'Brien stated the Board discussed going with one maintenance contractor Countywide; and inquired about the status of that issue; with County Manager Tom Jenkins responding staff gave the Board a report with options; the additional option is to put more stringent requirements on the companies allowed to bid, such as being commercial companies, having a track record of commercial accounts, years of experience, number of employees, etc. to get larger and more stable and experienced companies; and that may be an approach they can try.

Chairman Voltz stated it may be more expensive, so the Board needs to look at getting stable companies versus the County doing it. She instructed Mr. Jenkins to put lawn maintenance on an upcoming agenda. Commissioner Cook requested the item include what was discussed today.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO GE-HARRIS RAILWAY ELECTRONICS, L.L.C.

Chairman Voltz called for the public hearing to consider an ordinance granting economic development ad valorem tax exemption to GE-Harris Railway Electronics, L.L.C. to locate at Melbourne International Airport, increase employment by 150 people at anticipated average annual wage of $58,666, and construct a 150,000 square-foot facility at $22.0 million.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Ordinance granting an economic development ad valorem exemption to GE-Harris Railway Electronics, L.L.C., Melbourne International Airport; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by GE-Harris Railway Electronics, L.L.C.; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO BOMBARDIER MOTOR CORPORATION

Chairman Voltz called for the public hearing to consider an ordinance granting economic development ad valorem tax exemption to Bombardier Motor Corporation of America, to expand its South Brevard operation, construct a $10.5 million facility, and increase employment by 80 new workers averaging $39,500 annually.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt an Ordinance granting an economic development ad valorem exemption to Bombardier Motor Corporation of America; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Bombardier Motor Corporation of America; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION DETERMINING SUBSTANTIAL DEVIATION OF VIERA DRI NOTICE OF PROPOSED CHANGE #6

Chairman Voltz called for the public hearing to determine whether Viera DRI NOPC No. 6 is a substantial deviation according to Chapter 380.06, Florida Statutes. She stated if it is found not to be a substantial deviation, the Board is requested to consider approval of the Viera NOPC No. 6 and authorize the Chairman to execute the revised Development Order and resolution. She stated by unanimous vote the LPA found that the proposed changes were not a substantial deviation, and recommended approval as proposed.

Carey Hayo with Glatting, Jackson Planning firm, representing The Viera Company, requested several changes to the Viera DRI and Master Plan which were last approved in 1995. She stated the first change being proposed is to extend the build out date of the project and the individual build out dates of each of the three phases of the project; the first phase would now end in 2005, the second phase would end in 2010, and the third phase and build out date would end in 2020; and the change would allow them to readjust the development program that was originally approved in the DRI to reflect what is actually happening in the market today. She noted the development program projected in the DRI was very aggressive; they are requesting to put it back in balance with what is going on in the real world; and State law presumed the change to not be substantial. Ms. Hayo advised other changes propose simultaneous increases and decreases of several land uses; Viera is a very mixed use project; they are asking to increase single-family dwelling units on the east side of Viera; and they want to add 100 nursing home beds, 425,000 square feet of office space, 20,000 square feet of industrial use, and include the VA Clinic in the development program which was not previously part of the program. She noted they also preserved the VA hospital in a future phase in hopes that may still occur at Viera. She stated they decreased multi-family units, hospital beds, retail services, office warehouse use, and 500 hotel rooms. Ms. Hayo advised the law presumes the increases and decreases in land use to be a substantial deviation unless they can show evidence and data that the impacts from the changes are not substantial or regional in nature, so they projected sanitary sewer, solid waste collection, and potable water demand based on the new project and compared it to the old development program. She stated they showed there would be slight increases in demand for all those areas, primarily because of the single-family residential use increase; however, staff concluded the change was not substantial or regional in nature because the service providers would be able to provide those services to the project. She stated they also performed a traffic analysis of the old and new programs and made comparisons; and they found the new program had a decrease in traffic both for peak hours and on a daily basis. Ms. Hayo advised they are relocating a burrowing owl mitigation area; it has been approved by all agencies including the Game and Freshwater Fish Commission; and the new habitat is several acres larger and better than the original habitat. She stated another change is a revision to Condition 29B; in the original Development Order, The Viera Company was required to participate in the preparation of a comprehensive floodplain management plan for the St. Johns River, including all lands owned by the Company which would have been lands outside of the DRI; it required that happen in 1998; a study prepared by the St. Johns River Water Management District actually identifies lands within the floodplain that are the subject of this Development Order condition for acquisition, and provides a management plan to go with that; so they have requested replacement language to recognize the management plan or that the St. Johns River Water Management District Plan has been adopted. She stated the Viera Company will be working with the District towards acquisition of those lands. She noted they have made a change to Condition 29C; the original condition said at the time a management plan is adopted or within five years, up until that point there is a 322-foot setback from the ten-year floodplain on the St. Johns River; because negotiations are still in process on acquisition of those lands by the District, they added two years to the five-year expiration date; so they have seven years from the adoption of the Development Order to get a management plan in place on those properties. She stated there are a lot of other minor changes; the only two other ones that would be of interest to the Board would include moving the Viera East Fire Station south at the intersection of Spyglass and Murrell Road from the proposed Viera Boulevard interchange; and that change was at the request of Brevard County. Ms. Hayo advised Condition No. 44 has been revised; they deleted some technical information from some of the charts that was outdated, and it will be updated regularly on an annual basis when they do their monitoring and modeling report which is due every year in July with specific information about road improvements, the date they are needed, and what kind of improvement is needed. She stated all the State agencies and regional agencies have reviewed the proposed change; they have worked with staff; everyone has given it a positive nod; so they are asking for the same from the Board.

Commissioner Cook inquired if the changes are substantially on the west side; with Ms. Hayo responding the residential increases will be on the east side, but the balance of them are primarily on the west side. Commissioner Cook inquired if a lot of the changes are housekeeping items; with Ms. Hayo responding that is correct. Commissioner Cook stated the fire station is under construction; he has been working with Mr. Johnson on a 100-acre recreation complex they hope to put in front along I-95 which will serve not only Suntree/Viera but the whole community, including Rockledge with additional soccer fields and Little League fields, and it will be a real asset to the community. He stated he appreciates the cooperation of The Viera Company in working with the County on that complex.

Commissioner Scarborough stated Debbie Coles of Natural Resources Management Office had some concerns about change to Condition 29B. Debbie Coles advised she outlined her concern in a memo in July that they had not petitioned; the language specifically states that The Viera Company, if it does not develop as planned, is to petition the Water Management District to develop a plan; the language change identifies the Acquisition Manual as being an indication that those areas will be acquired and that within a year managed; and her concern had to do with the sale of land that the Board may want to tie a little more closely to actual working specifically with the District in developing the plan. Commissioner Scarborough inquired what would Ms. Coles propose; with Ms. Coles responding she does not know if The Viera Company talked to the Water Management District specifically about the development of the management plan, and that is something she inquired about and did not receive an answer to. Ms. Hayo advised there are discussions going on for negotiations over acquisition of the lands at this time; their feeling about the fact that they have not formally petitioned by the year 1998 was that by the time 1998 came the report had already been prepared and was underway; so it just seemed like an administrative point that was not necessary.

Commissioner Higgs advised when the Board first approved the DRI, she tried to change 29C to establish an additional time period so if for some reason the acquisitions with the District did not occur, they could still have a control in place and the setback established under 29C. She stated the District said its management plan is to get some type of ownership, whether that is an easement or fee simple; and the County may still have some protection under 29C.

Chairman Voltz inquired if the Board wants to approve Option 1 which is to find that the NOPC No. 6 is not a substantial deviation and approve the changes as proposed.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to find that the Notice of Proposed Change #6 is not a substantial deviation and approve the changes as proposed for the Viera DRI; and authorize the Chairman to execute the revised Development Order and Resolution.

Commissioner Higgs advised the motion includes 29C; with Commissioner Cook responding that is fine. Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

DISCUSSION, RE: ANIMAL LICENSE TAG FEES

Chairman Voltz advised the request is to consider several options and adopt a resolution revising the fees; create an advisory committee to investigate alternative funding and report back to the Board in January, 1999; establish a fee of $8.00 for spayed/neutered and $10.00 for non-spayed/neutered animals, establish a fee of $9.00 for all animals; or make no changes to the $3.00 and $5.00 fees approved by the Board at the budget workshop. She stated staff feels a short-term advisory group would be effective in building consensus among the veterinarians, animal shelters, and other groups necessary to stabilize the tag program.

Animal Control Director Dr. Joe Ward advised on July 28, 1998, fees of $5.00 and $3.00 were decided for license tags; and staff analyzed the impact of that action and found a loss of at least $165,890 may result which would require a large reduction in services or additional General Fund transfer to make up the difference. He stated if the fees are left at $15 and $10, and 90% of the veterinarians sell the tags, a revenue of approximately $518,750 would be generated; it would also allow shelters to continue selling tags; but the Governmental Affairs Committee of the Brevard County Veterinary Medical Association opposes any animal license tags and would like to see the fees phased out over the next three years and replaced with General Fund revenues. Dr. Ward advised the Committee requested an advisory group be appointed by the Board to review various proposals on which approach would be the most advantageous; they requested the group consist of four veterinarians and three County staff members; and in the meantime the veterinarians will sell tags at some rate to be determined today until a plan is developed by the group and put into effect. He stated the fees considered are $10 and $8 or $9 for all animals, and $1.00 to be returned to the selling agency to offset costs.

Commissioner Cook inquired what is the current General Fund support for Animal Control; with Dr. Ward responding $950,000.

Dr. Jeff Godwin, Chairman of the Governmental Affairs Committee of the Brevard County Veterinary Medical Association, introduced the Association's President Dr. Stephen Grigsby, and advised there is a problem with the tax as currently implemented. He stated collections are down below budget and historical levels; every time the license tax is increased, the revenues decrease because people become more unwilling to pay the tax; the current collection method is inconvenient because pet owners have to make a trip to the shelters or write a letter and put their proof of vaccination and check in the mail; and it is a bad tax and unfair because it is paid only by a small percentage of animal owners and funds a service that is available to anyone whether they are residents or not, have an animal or not, and pay the tax or not. Dr. Godwin stated it is also a poor public health policy; the license is tied to rabies vaccines; in most cases, the license tax costs more than the vaccine; rabies vaccination is necessary to protect the pet and the owner from the deadly disease; but it does not make sense to add a costly tax to a procedure required to be done for public health purposes. He advised their original proposal was to eliminate the tax immediately, replacing it with General Fund revenues; however, after seeing the lack of flexibility in the budget and conferring with County staff, they are willing to support a compromise to phase the tax out over three years. He stated they are asking the tag fee be set at $9.00 across the board, or $10 and $8 even though they feel the differential is ineffective in controlling animal population, and $1.00 administrative fee for the collection agency; that the Board increase its contribution from the General Fund to the Animal Control budget for FY 1998-99 over the current $950,000 that has been fixed for several years; and that an advisory group be appointed as outlined in their memo to investigate alternative funding sources other than General Fund revenue. He stated the only opposition they are aware of comes from the animal shelters which is natural since they collect and keep 50% of the fee; they do a great job with the small amount of money they get; and the Association supports the shelters and wants to see them adequately funded within the Animal Control budget, but the license tag fee is not the way to raise the money. He mentioned inaccuracies in the position statement from the SPCA regarding the fee being effective and most pet owners consider it a user fee and not a tax and are happy to pay it; and stated that is not true by the amount of revenue coming in. He stated shelter directors disagree over whether or not the tax should be terminated; the role of the advisory group is to decide what could be used as an alternative funding source; and if shelter directors are given seats on the group, it could be counter productive by going over the same argument. He stated they would like to have their input, but it would not be productive for them to be part of the group.

Sherri Wanda, Director of SPCA of North Brevard, advised the SPCA supports the differential licensing program; it should be left in place; it is a well accepted practice geared at generating revenue to supplement General Funds for animal services; and most responsible people feel it is a small price to pay to insure their animals are identified as owned and returned to them. She stated she hopes the veterinarians will participate in the program; there are many important purposes for the licensing program, such as visual identification of an owned and registered animal, standardized tracking system identifying rabies vaccinated animals, revenue generating, and a progressive tool towards population control. Ms. Wanda stated when such program is used in conjunction with educational programs, it promotes responsible pet care by encouraging owners to spay and neuter their animal companions; they anticipate their budget to be $200,000 for FY 1998-99, with only $46,350 contracted with Brevard County; and the loss of the 50% rebate will impact their ability to provide services and promote programs, and create a $20,000 unanticipated shortfall. She stated she hopes a consensus can be reached that is fair to all parties involved.

Clara Gunde advised since they began participating in the sale of tags, the Humane Society has sold $312,747 worth of tags; and in return for the manpower, printing, envelopes, and inserts, they receive half of that money for the shelters. She stated the veterinarians decided not to sell tags; and had the shelters not stepped in and addressed the problem, the County would have received no income from the tags. She stated this issue is not about dollars, it is about 14,034 animals that had to be put to sleep in the shelters last year; so they have to take a courageous stand to address overpopulation. She stated the Board produced the first differential tag program in the history of the County; the complaints about the $15 for unaltered, $10 for altered, and half price for senior citizens can be counted on one hand; they have received a lot of notes and money to help with the work that they do; and they have been there to supply the County with adequately run shelters, built buildings at their cost, and been at the forefront for animal welfare. She urged the Board to keep the tag fees. Ms. Gunde stated they are proud of the efforts the Veterinarian Association has made to address the animal population in the County; they have 29 clinics spaying and neutering animals at no charge; but what they are striving for is responsible pet ownership and to see Animal Control continue to develop a stronger enforcement program and have the funds to do it.

Stephen Grigsby, DVM, stated the overall standard of the Brevard County Veterinarian Medical Association is to get rid of the user fee that responsible pet owners are paying; and that is where things get tricky because the revenue helps to fund the Humane Society and Animal Control. He stated on July 28, 1998, the Board dropped the fee to $5 and $3 which will hurt Animal Control and the Humane Society. He stated Ms. Gunde said the veterinarians stopped selling tags; but when they started selling the tags, the Humane Society asked them to decline or stop sales so their totals could increase. Dr. Grigsby stated they back the Humane Society as much as possible and do not want to hurt them; and they want to help animal control as much as possible.

Nelly Strickland advised of her problems with animals in the neighborhood; gave a scenario about taking care of her daughter, noting people should take care of their animals as well; and stated she is in favor of the tag fee. She stated there is nothing wrong in knowing what dog is where; she does not understand why the veterinarians are against it; but she is interested in the well-being of people who could be bitten and/or chased by dogs.

Commissioner Higgs advised the veterinarians decided not to sell tags because of some public disclosure of their clients, so the Shelters stepped in and said they would sell the tags for the County and provide envelopes to the veterinarians so they could be mailed to the shelters; sales and revenues went down; so at the budget workshop, the Board had an idea of decreasing the fee to increase sales, but Animal Control fears its revenue will not provide for the decreased revenue. She stated there is reason for that fear if the Board goes with the low tag fees, unless it initiates a vigorous marketing program and sell tags in a variety of situations, in stores by the dog food, and any place they could sell them. She stated it will not happen this month, so it may be reasonable to give them time to get to where they can market the tags at the rate the Board approved and produce the revenue to operate Animal Control; so she would support leaving the tag fees the same as the current fees and staff come up with a mechanism to implement the $5 and $3 fees in six months in conjunction with other providers who are interested in working with the County. Commissioner Higgs advised the tags have always been tied to rabies vaccinations; both are required by law; but the Board needs to look at selling tags separately. She stated the Veterinarian Association wants Animal Control funded by the General Fund, and it is strongly supported by that Fund. She reiterated her recommendation to continue with the current fees for six to nine months, and have staff develop a program to implement the $5 and $3 fees.

Commissioner Scarborough stated looking at revenue is short-sighted because there are less tagged animals; the Shelters and veterinarians say that is not where they need to be; somehow the Board needs to move to a posture of greater tagging of animals; and it needs viable shelters and cooperation of veterinarians. He stated Dr. Ward mentioned a system in Palm Beach County that is revolutionary; and recommended he explain it to the Board.

Dr. Ward advised Palm Beach County went to an automated system using the data base of all people whose pets were vaccinated and all they issued tags to in the past; and as they went along they updated with people they found did not have either. He stated the system automatically spits out a reminder to the citizen, mails it to his or her home address two months or 30 days prior to the expiration of the tag and vaccination, and two weeks prior as well; and it is set up where it writes the letter, folds it, puts it in an envelope, stamps it and drops it in a mail slot. He stated when that date comes and goes, and the citizen has not caught up with the tag or vaccination, the computer calls them electronically and gives them a message about being late. He stated before they started, they were issuing 33,000 licenses a year, and it went to 104,000 in a matter of months.

Commissioner O'Brien stated there is no penalty for selling a dog that is not tagged; even the pet stores do not have tags on the dogs they sell; and that is one way of marketing tags. He stated educational programs are needed for the public to know their dogs must be vaccinated and tagged; there may be funds in Tallahassee for pamphlets or inserts in newspapers to get the message out to dog owners; so staff should check into that. He indicated it should be more costly to get an animal back that is not tagged.

County Manager Tom Jenkins inquired if the Board is considering Commissioner Higgs' proposal of $15 and $10 which the veterinarians will not sell, or the $10 and $8 which they said they would do; with Commissioner Higgs responding it is her preference to leave it at $15 and $10 and expect a plan from staff to go to the $5 and $3 in six months. Mr. Jenkins inquired if that includes asking the veterinarians to sell the tags in the meantime; with Commissioner Higgs responding if they want to do it, that would be wonderful, but the County should move forward with what is in place today to get where the Board wants to be. She stated if it is a two-year window and a two-phase step to get there, that is fine, but the County should have a plan to get there.

Commissioner Cook stated the County discouraged veterinarians from selling tags; the only way they would sell it is if the fee was reasonable and not a burden on their customers; they should get a dollar for doing the paper work; and $10 and $8 in the interim may increase revenues if the veterinarians sell more tags. He stated the other benefit is having more animals tagged; that is the ultimate goal; so he would support $10 and $8 in the interim.

Commissioner O'Brien stated it is time to make a workable program; six months delay would harm the County financially; the County gives close to one million dollars to Animal Control; and the Board needs to be educated about other alternatives sooner than six months. He stated the County needs the veterinarians and to have that partnership to make the program work.

Commissioner Higgs stated it is a convenient outlet to sell tags, and she would be happy for the veterinarians to sell them on the same reimbursement fashion as others if that is what they want to do; but the County does not have to have the veterinarians to do it if it is no longer assumed that the tag and rabies shot is tied together. She stated the tag registers animals which is required by law in Brevard County; the rabies shot is a different requirement; and if they do not have to be together in terms of point of sale, then marketing the tags can be done in any form.

Chairman Voltz advised the County needs the veterinarians; they are the ones who take care of the animals and see the problems with animals; and she will support $10 and $8 and $1.00 reimbursement, as well as the advisory group recommended with four veterinarians and County staff. She stated she would prefer no fee, but would like to get to the $5 and $3 in order to register all the animals in the County. She stated education is important; staff can go to the schools and give students something to take home to their parents; a lot of people do not know they are required to register their dogs; the bottom line is to get as many animals registered as possible; and what it takes to do that is what the County needs to work towards.

Discussion ensued on marketing tags, representation on the advisory group, and Palm Beach County's system.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to bring back a report in 30 days on what is happening in Palm Beach County. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to set the tag fees at $10 and $8 plus $1.00 rebate. Motion carried and ordered; Commissioner Higgs voted nay.

Motion by Commissioner Higgs, to establish an advisory committee to work with Animal Control, including two members of the veterinary society, two members of the shelters, and two members of the public.

Commissioner Scarborough stated the veterinarians want to proceed with discussions in their group; the Board could afford the shelters the same opportunity and let them meet with staff independently; and as proposals come together, they will come to the Board. He stated it would be easier to get clearly defined positions for both groups working with staff rather than try to obtain a consensus.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to establish two advisory committees, one for veterinarians and one for shelter representatives, with both proposals to come to the Board. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING LICENSE TAG FEES

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution establishing a fee of $10 for non-spayed/neutered animals and $8 for spayed/neutered animals, with $1 to be retained by the issuing agency. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize staff to work with the veterinarians and shelter representatives on alternative funding sources. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - NELLY STRICKLAND, RE: VOTER REGISTRATION

Nelly Strickland advised her quest is to allow only the living to vote. She stated a newspaper article August 19, 1998, had a headline saying Brevard County ranks high in felons and dead voters on the rolls; and read the letter she wrote to the TODAY paper and Star Advocate. She stated she has a disk containing all the deaths in the United States from 1937 through 1997; and she is willing to offer her time and effort to make sure the dead in Brevard County are left in peace. She stated she offered her services to the Supervisor of Elections to eliminate any and all people from the voting list who have died; she called Tallahassee and was told it would be faster to get the list directly from Vital Statistics; and she called and was told she could have the list of the 1997 and 1998 death rolls at five cents a name, all legal with plenty of laws to back it up. She advised of her less than pleasant encounter with Mr. Galey when she asked for copies of the death list and offered to clean up the voter list; and stated he does not like deputy sheriffs accompanying trucks that transport ballots. Ms. Strickland stated the June listing of the dead was shipped from Jacksonville Vital Statistics on August 20, 1998 and received August 24, 1998; and inquired if there was enough time to delete those from the voter list; and stated even if they were, it would still leave July and August death listings on the rolls with about 800 deaths. She stated 800 votes can throw an election; she heard the dead have voted in Brevard County in the past; and inquired if they are doing it again. Ms. Strickland advised on September 4, 1998, she wrote to Mr. Galey and asked him to provide the exemption he would use for denial of her request; on September 9, 1998, she received an answer that she could have the listing for 15 cents per copy plus 5 cents per name because the social security numbers would have to be struck; and she does not understand why Mr. Galey does not have software that can eliminate any field. She stated she cannot believe the Elections office staff is occupied all year when elections do not occur on a daily basis, so there is time to do a public service; and that is accommodating the public. Ms. Strickland requested precinct counters in all precincts not hooked up by modem to a central point because people may be able to crack the code and get into it; and stated the County does not need the computerized system Mr. Galey wants. She related things she heard about a cable being cut and candidates dropping percentage-wise. She requested the death rolls for 1997 and 1998 that she could borrow from the Board and find people to help her check the voters rolls before November, 1998. She stated the Titusville truck was the last one to come in on election night and they could not see the bags and ballots being handled; she wants to be able to see the whole process; and requested the blinds be pulled up because there is no sun at night. She told about one Titusville candidate getting high votes when he had no support from the Christian Right, Chambers, and the public; and stated if their votes are not sacred, everything else is meaningless. She requested the Board check into precinct counters.

Ms. Strickland stated they requested a meeting with the Hospital Board and have learned it was postponed until next year; and she wants the meeting to be held by the current Commissioners in October, 1998 as it was scheduled.

Bea Polk advised there was a conviction in Miami, and everything they said happened; dead people have been voting since the 1970's; they requested precinct counters years ago but not hooked up to anything controlled by one person; and Mr. Galey did not want them unless they had a modem. She stated with a modem anyone can pick up a telephone and change any vote; and related an episode where a precinct had 100 more votes than there were people who voted; they counted another precinct that had 100 more votes than voters; and stated a lot of people did not get into office who should have been, and a lot of people got into office who should not have been. Ms. Polk stated there were a lot of trials but the judge always came up with no fraud; one trial in Volusia went on for seven days and they found all kinds of things but no fraud; one man who was left-handed was shot and killed by his right hand while hunting; one woman who testified was threatened three times; and a case in Brevard County was dismissed because the judge had a toothache. She stated some people who are well known and well liked in their precincts could not even take their precincts; so the Board should start thinking about getting a system that will provide an honest count, and not worry about how fast it counts.

Supervisor of Elections Fred Galey explained what happened with Ms. Strickland, her letter he received about the CD with all the dead listed, her request to update the voter rolls, and his response to her offer that he did not need anyone to do that and that they get the death list from an official source. He stated people are not allowed to update and change the voter roll; his staff gets paid to do that; and he did not need outside help with a list that he has no way of knowing whether it is official or not. Mr. Galey stated he does not provide social security numbers or phone numbers as he is prevented from doing that by the election laws; the list he received from the State was extracted from the central voter file; the law specifically prevents him from providing anyone an extract; and that is why Ms. Strickland is not eligible to get a copy. He stated she is eligible to receive a copy of the death list, but he receives a paper copy and cannot extract the social security numbers by computer; consequently he said it would be five cents a name for sanitizing that list and 15 cents a page which is his and others standard copy fee. He stated Ms. Strickland went to Commissioner Scarborough and had him request the list; it is illegal for him to make an extract and give it to Commissioner Scarborough as well; the request he received from Commissioner Scarborough requested it be provided by precinct; to do it by precinct would be making an extract from the voter registration rolls; he does not have anything he receives from the State that breaks it down by precinct; and that is where the issue stands. He stated he did not yell at Ms. Strickland; his voice may have been a little loud because she tried to intimidate him by saying he had to provide the list and was withholding public records; and he will give her anything she is eligible to receive, but he would not give her anything she is not eligible to receive. Mr. Galey stated as to voter fraud and precinct counters and modems, computers that are used for precinct counters are locked up and print a paper copy at the precinct which is left at the poll; then the modem is used to transfer those results from the polls to the central file where they are consolidated. He stated an extra copy of the paper printout is brought in and compared with the electronic file before the votes are finalized; so her contention that someone can get into the precinct counters and change votes shows she does not know what she is talking about because it is already there and printed hanging on the wall at the precinct before anything is transported. Mr. Galey stated as for Brevard County ranking high on the felon voters, he and several other supervisors wrote letters and made phone calls to the Secretary of State's Office and Division of Elections because what they did not do was compare that with Division of Executive Clemency's rolls; some of the rights of voters were restored; he and Commissioner Cook worked on one that was on the list and taken off because his name was on the list received from the State; and there were several others that were on the list and should not have been. He stated the 4,800 that was published in the paper, was reduced to 1,100 when they talked to the State, and has been further reduced. He stated they do not have a list that is 100% accurate, but hope it may be some day; a voter can come in and fill out an application and check it as a U.S. citizen, convicted felon, or declared incompetent; and if they check those off and sign it, there is an oath at the bottom, and they have to accept that, then get a list from the State and update those things. He explained what happened in Miami; stated votes being changed by a cut cable line is news to him; there is nothing that would change if a cable line is cut; the voter registration system has no outside connection; and the tabulation system has no outside connections when it is running; so there is no way to get in with another computer or hack in. Mr. Galey stated any Commissioner who served on the canvassing board has seen the logic and accuracy test; and if they know of a way to get in with no outside connection, they should tell him. He stated there is a lot of speculation; only losing candidates ask for recounts; and if he owes Ms. Strickland an apology because she was trying to do his work, then he apologizes to her, but she is not allowed to change the voter registration list. He noted she can look to see if a person is dead, but if she wants to review 283,000 voters, he could make arrangements for her but there will be an administrative charge. He assured the Board that there has never been a person who was actually dead who voted in Brevard County; and related a story about a family spat that led to one person being put on the death list who was still living.

Commissioner Cook stated the Board authorized the Chairman to request that deputy sheriffs escort the ballots from the polls; and inquired if it will be done; with Mr. Galey responding they were escorted, but it is part of the security procedures and they do not want to let everyone know where they are being escorted.

Commissioner Scarborough requested Mr. Galey explain expunging the rolls of deceased persons and things he gets from the Bureau of Vital Statistics that show who has died in the County; with Mr. Galey responding he receives a report from the Clerk or from Jacksonville; when received, they look up the right information and mark the voter files and keep them through two general elections then finally remove them off the inactive roll. He stated if they leave the County they are marked ineligible voter; and if they come to the poll, they will not be on the poll books. He stated any name not on the poll register is called to his office to make a final decision whether the person is on the felon list, dead list, broke residence, or anything else.

Commissioner Cook inquired if Mr. Galey plans the same procedure for the runoff election he followed in the past; with Mr. Galey responding yes. Commissioner Cook inquired if they will continue to escort ballots; with Mr. Galey responding yes, but not from every precinct because the Sheriff does not have 159 deputies to do that. He stated Brevard County has honest elections; votes are counted properly; and staff is doing a good job. He reiterated he cannot let outside persons come in and work with the voter registration list, as they may mark people deceased who are not.

Commissioner Scarborough inquired about the newspaper article that said the Space Coast had 500 dead people on the rolls; with Mr. Galey responding of the 568, there were actually 26 on the list he received that had not been marked yet, but none of the 26 voted.

Ms. Strickland requested additional time to make a few comments; however, the Chairman advised her she would have to wait until Public Comments on the Agenda. PERSONAL APPEARANCE - KENNETH A. WHITTAKER, PERSONAL REPRESENTATIVE OF THE ESTATE OF JACK SIMPSON, RE: CODE ENFORCEMENT LIEN ON 6863 COLUMBINE DRIVE, ROCKLEDGE

Kenneth Whittaker, CPA representing the estate of R. Jack Simpson, advised the estate has an IRS lien of approximately $1.4 million which is superior to all other liens; the structure at 6863 Columbine Drive in Rockledge is unsafe and needs to be demolished; and the County placed a lien on that property for a Code Enforcement violation at $25 a day which attaches to the Estate property. He stated they are trying to liquidate property; the IRS will not approve payment of liens not superior to theirs; and he has contracts on three other properties, but without partial release of the lien the IRS will not approve the sales.

Commissioner Cook advised the Columbine Drive property is unsafe; if sales cannot be closed, the County's lien would be foreclosed; so he would go with the Special Master's recommendation.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to release the Code Enforcement lien on the Columbine Drive property in its entirety as to the four designated properties, conditioned on written permission from IRS to utilize funds to bring the Columbine Drive property into compliance. Motion carried and ordered unanimously.

The meeting recessed at 12:33 p.m., and reconvened at 12:43 p.m.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN DIANA SHORES, UNIT 10 - DUANE AND MARCIA McCONKEY

Chairman Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in Diana Shores, Unit 10, as petitioned by Duane and Marcia McConkey.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution vacating public utility and drainage easement in Diana Shores, Unit 10, as petitioned by Duane and Marcia McConkey. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING ROAD RIGHT-OF-WAY IN PLAT OF FLORIDA INDIAN RIVER LAND COMPANY - CECIL J. ANASTASIO

Chairman Voltz called for the public hearing to consider a resolution vacating a road right-of-way in Plat of Florida Indian River Land Company, as petitioned by Cecil J. Anastasio.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution vacating road right-of-way in Plat of Florida Indian River Land Company, as petitioned by Cecil J. Anastasio. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN WINGATE RESERVE - SIGNATURE DEVELOPMENT CORPORATION

Chairman Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in Wingate Reserve as petitioned by Signature Development Corporation.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utility and drainage easement in Wingate Reserve, as petitioned by Signature Development Corporation. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN VIERA NORTH PUD, TRACT D - GEORGE H. AND SUE M. ALLEN

Chairman Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in Viera North PUD, Tract D, as petitioned by George and Sue Allen.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution vacating public utility and drainage easement in Viera North PUD, Tract D, as petitioned by George H. and Sue M. Allen. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE II, SECTION 2-73, DEPARTMENTAL STRUCTURE

Chairman Voltz called for the public hearing to consider an ordinance amending Article II, Section 2-73, Departmental Structure of County Government.

County Manager Tom Jenkins advised the Planning and Zoning Office replaces Growth Management Department, Transportation Planning Office is re-established; Capital Improvements Planning is transferred to the Budget Office; and Animal Services and Enforcement Department is created as a separate function from Housing and Human Services Department.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Ordinance amending Article II, Code of Ordinances of Brevard County, Florida; amending Section 2-73, providing for the departmental structure of County Government as stated in the Fiscal Year 1998-99 Budget; providing for conflicting provisions, severability and an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING USER FEES AND BUDGET FOR MELBOURNE-TILLMAN WATER CONTROL DISTRICT

Chairman Voltz called for the public hearing to consider resolutions adopting user fees and the budget for Melbourne-Tillman Water Control District for FY 1998-99.

Commissioner Higgs inquired if the rates were decreased below what was advertised; with Executive Director Al Pennell responding he found a mathematical error which should be lower. Commissioner Cook inquired what does the District encompass; with Mr. Pennell responding it is approximately 100 square miles that lies south of U.S. 192, western boundary is St. Johns River, eastern boundary is Babcock Street, and most of Palm Bay, most of West Melbourne, and portions of unincorporated Brevard County. Commissioner Cook stated even though it was lowered, it is still an increase and he will vote no.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution adopting the final operating budget for Melbourne-Tillman Water Control District at $1,567,816 for FY 1998-99; and Resolution authorizing the Melbourne-Tillman Water Control District Board to levy user fees for FY 1998-99 at $16.83 per lot, acre or portion thereof for residential, $5.86 for agricultural, and $32.69 for commercial. Motion carried and ordered; Commissioners O'Brien and Cook voted nay.

AWARD OF PROPOSAL #P-1-8-10 AND CONTRACT TO GEAC COMPUTER CORPORATION/ SMART SOLUTIONS INTERNATIONAL, RE: INTEGRATED FINANCIAL MANAGEMENT SYSTEM

County Manager Tom Jenkins advised the numbers need to be adjusted based on the final calculations of the number of stations that will be covered under the system as well as the decision of the committee to include the accounts receivables package.

Gino Butto, Information/Communications Systems Director, advised the additional licensing is one-time cost of $10,000 plus $2,000 a year for maintenance, and the accounts receivable package is about $35,000 one-time cost and $7,600 per year maintenance. Mr. Jenkins inquired if the accounts receivable package was requested by Finance; with Mr. Butto responding it was postponed to get vendors to come down below the $2 million; and as they proceeded and got down to about $1.5 million, they thought it would behoove them to put it back in. He stated it is a five-year cost of ownership and is still about $320,000 less than the second closest competitor and nearly $400,000 less than $2 million.

Commissioner Cook inquired who was the closest competitor; with Mr. Butto responding J. D. Edwards at $1.9 million. Commissioner Cook inquired what were the two additions; with Mr. Butto responding $82,848 for the accounts receivable package for five years and $10,000 for the license.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to award Proposal #P-1-8-10, Integrated Financial Management System, to GEAC Computer Corporation/Smart Solutions International, at $1,489,500; and authorize the Chairman to execute an Agreement with GEAC. Motion carried and ordered unanimously.

DISCUSSION, RE: PUBLIC INFORMATIONAL FORUM ON FLUORIDATION OF NORTH BREVARD WATER SYSTEM

Commissioner Scarborough advised staff recommended a panel be assembled at the Brevard Community College Campus to discuss the pros and cons of fluoridation and give the public an opportunity to ask questions, and shortly thereafter, a poll be sent out to the affected residents. He stated Mr. Martens talked to a group that can handle the moderating independently; and recommended he be authorized to contact the dental and medical communities. He suggested Commissioners who have an interest can provide input as to the make-up of the panel to represent both sides; and Mr. Martens be authorized to proceed with that.

Motion by Commissioner Scarborough, to authorize the Water Resources Director to hire a moderator for a water fluoridation forum for North Brevard Water System; work with the medical and dental communities and any interested Commissioners to put together a panel to discuss the pros and cons of fluoridation; and mail notices to residents advising them of the panel discussion's location, time and date, and another notice to vote on whether or not they want fluoridation.

Chairman Voltz stated she knows an attorney who has done extensive legal work on fluoride issues, and he is willing to sit on the panel. Commissioner Scarborough suggested Mr. Martens get names of different people, their credentials and knowledge, and narrow the list down to people who are more knowledgeable and have been involved with fluoridation at a higher degree than others. Commissioner Higgs inquired if staff is being authorized to put the panel together; with Commissioner Scarborough responding Mr. Martens is authorized to do the mailing, hire a moderator, and put the panel together; and if it is not coming together, he can bring the panel issue back to the Board, but he does not have to if there are no problems.

Commissioner O'Brien stated the public who will be affected should be informed in a clear manner that it is not a done deal; he is pro-fluoridation, but people must have a choice and be educated; that is what the panel is about; and somehow people need to know they will make that choice, not the Board. Commissioner Scarborough advised Mr. Martens will send a letter advising the residents they will get a questionnaire asking them to decide whether or not there will be fluoridation in their water, advising of the date, time and place for the panel discussion, and they will have experts on both sides to help them. Commissioner O'Brien recommended a percentage level be established on the ballots that come back from the residents. Chairman Voltz advised the Board has 75% on everything else. Commissioner Scarborough suggested waiting to see how the vote comes out. Commissioner O'Brien stated it should not have to come back to the Board. Commissioner Higgs stated the Board should commit that if the majority votes for it that is the way the Board will go, and the issue does not have to come back. Commissioner Cook stated if it is 51%, then 49% do not want it; 75% is the established percentage for speed bumps; so there should be a threshold above 51%. Commissioner Higgs stated she will honor what the people want to do, whether it is fluoridate or not. Discussion continued on setting a threshold from 51% to 75% and not bringing it back.

Commissioner Scarborough stated he made a motion to authorize the Water Resources Director to hire a moderator, work with the medical and dental community and any Commissioners to put together a panel, talk to the moderator on the proper size panel, be authorized to mail notices to residents advising them they will receive another letter in which they will vote on how they want their water; and inquired if someone seconded the motion. Commissioner Cook seconded the motion.

Commissioner Scarborough recommended Mr. Martens put the issue on the Agenda for September 29, 1998 to determine a percentage threshold.

RESOLUTION, RE: CONSIDERING TAX ABATEMENT APPLICATION FROM RENCO ELECTRONICS, INC.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution on behalf of Renco Electronics, Inc., stating that Renco is a qualified new business in the County, requesting the Property Appraiser to provide the Board with the necessary report, requesting the EDC to conduct an economic analysis and provide the Board with a recommendation, and authorizing publication of a public hearing notice to consider adopting the exemption ordinance. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: I-95/WEST CONNECTOR LAND USE STUDY AND APPOINTMENT OF AD-HOC CITIZENS COMMITTEE

B. B. Nelson stated there are three reasons why the Board should deny this request; (1) scope of study on the second page states, "The first study will identify desirable mix of land use and development standards that would serve to facilitate an optimum interchange while preventing the visual blight that has occurred adjacent to other I-95 interchanges"; and inquired if that is Lowe's, Cracker Barrel, and Wendy's. He stated those developments pay taxes much more than residential property; commercial and industrial developments are the tax base; and to present an article like that is wrong.

Commissioner Scarborough stated one thing that has caused more discussion about the SR 50 and I-95 interchange is the truck stop; it has caused more concern of how to get traffic in and out than any other issue; it affects the whole scope; and it is not Lowe's, the Ramada or Best Western Motels. Chairman Voltz stated a truck stop should be located at an interchange; with Commissioner Scarborough responding it is located where it affects FDOT's entire scope of planning for the area.

Mr. Nelson stated the street is in terrible shape and should not exist in any community, and that is Commissioner Scarborough's fault. Commissioner Scarborough stated it is located in the City and the portion the County is contemplating closing is in the residential area. Mr. Nelson stated it should not be closed and the public does not want it closed, but it needs to be paved. Mr. Nelson advised the map that is attached to the ordinance pertaining to the interchange has no resemblance to the area and is misleading; the interchange encompasses almost as much land as the I-95 and SR 528 interchange; and they keep using the map that is misleading. He stated the people Commissioner Scarborough appointed to the committee have no qualifications and no experience in planning or development of an I-95 interchange; and only one owns property in the area. He stated there are three thousand acres of land; property owners have paid taxes and never received services or consideration; and they should be given some consideration to know what the County is planning, not two people from Port St. John Homeowners Association and two from Canaveral Groves Homeowners Association. He stated it does not provide a representative of the people who own land in that section and who pay taxes on that land.

Commissioner Scarborough stated it is between Port St. John and Canaveral Groves, so there should be general representation of two homeowners from the south and two from the north; there is concern on how the intersection will connect with local roads; and Pine Street has been very concerned with any connections to the south. He stated the cheapest and best way is a connection through Fay Park; the Fay Park Committee is opposed to it; there are two different views from the community; and the property owner is on the committee to represent property owners, but it could be delayed to expand the committee and incorporate additional property owners. Mr. Nelson stated one out of five on the committee own property in the area; three of the five object to Pine Street which is the only natural connection; therefore, Commissioner Scarborough is appointing a group that is opposed to tying in the logical use of Pine Street and is not allowing the property owners any consideration to plan for the use of the 3,000 acres at the interchange. Commissioner Scarborough stated the Board can increase the committee to add two more property owners; however, there are split opinions in both communities, so he needed two people from each community.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint an Ad Hoc Citizens Committee consisting of Mary Tees representing Port St. John, Bill Lowther representing Fay Lake Park Advisory Committee, Kikki Kisner representing Canaveral Groves, Larry Koile representing Canaveral Groves Pine Street, Jack Moore representing properties in the area, and two additional property owners in the area affected to consider the I-95/West Connector Land Use Study. Motion carried and ordered unanimously.

Mr. Nelson suggested the map be changed; with Commissioner Scarborough responding the map has been changed.

SPEED HUMP REQUEST, RE: FLORIDANA AVENUE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve installation of speed humps on Floridana Avenue in South Melbourne Beach. Motion carried and ordered unanimously.

PERMISSION TO AMEND STANDARD OPERATING PROCEDURES, RE: MSBU REVISION TO SPECIAL ASSESSMENT CREATION

Jim Helmer, Public Works Finance, advised the survey they sent out is a rough estimate, and often the cost fluctuates from there; if the cost changes and they resurvey and property owners do not want to do it, it is a cost to the County; so there should be a threshold in the initial letter.

Chairman Voltz recommended asking property owners if they would approve the MSBU between $3,400 and $3,600, or estimating high.

Commissioner Cook recommended the Procedure be left as is. The Board took no action to change the Standard Operating Procedures for creation of Municipal Service Benefit Units assessments.

The meeting recessed at 1:19 p.m., and reconvened at 2:05 p.m. *Chairman Voltz's absence was noted at this time, and Vice Chairman Scarborough conducted the meeting.

AGREEMENT WITH CIRCLES OF CARE, INC., RE: BAKER ACT SERVICES

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreement with Circle of Care, Inc. for Baker Act services for children and adults from October 1, 1998 through September 30, 1999, at $1,006,406. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION TO FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY SERVICES, RE: STATE AID TO LIBRARIES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Grant Application to Florida Department of State, Division of Library Services, for State Aid to Libraries funds for FY 1998-99 at a projected amount of $980,979. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: PROPOSED MELBOURNE BEACH LIBRARY

Nancy Civmmo, Town Manager of Town of Melbourne Beach, advised the Town Council is in favor of the purchase option, and urges the Board to negotiate for that option. She stated the Town will support it, subject to the citizens voting on what they will support in funding. She stated they can do their own referendum under their Charter.

Amy Adams, Friends of the Library for Melbourne Beach, advised 350 residents came out for the meeting; they had 150 people sign up and indicate donations; one person put down $15,000; and there is a lot of interest in the Town for a library. She stated the Jaycees and citizens will raise money; Representative Howard Futch feels there could be about $400,000 for construction of the library; and they want to work with the Town and the County to raise the money for construction of the library. She stated they back the County to go after the land.

Susan Simoes, representing BIPPA and Melbourne Shores, read speeches supporting the library; advised the closest library is 15 to 20 miles away; the bookmobile was discontinued; and it is time for a library in Melbourne Beach. She requested the Board's help to purchase the land; and noted 5,800 people in the South Beaches are in support of the library at that location.

Commissioner O'Brien stated he will not support COP's to finance the library. Commissioner Higgs advised they flushed out as many proposals as they could; the selling price of Mr. Savell's property is too high; and she wanted a five-year lease, but he did not want to do that. She stated the property is expensive, but Brassy's site for Cocoa Beach Library was also expensive; however, the people stepped forward to support it. She stated the Board could tell Melbourne Beach it is willing to go forward with the acquisition and commit $450,000, but the citizens will have to decide through a ballot if they want a special assessment.

Commissioner Cook stated he cannot support paying $100,000 more for a site than it is appraised for; and if the price is non-negotiable, the County can get two appraisals, take the average of the two, and make an offer. Commissioner Higgs stated she is not asking the County to commit more than the appraised value if Melbourne Beach can raise additional funds. She noted it is not the Board's decision, but a referendum of the people to decide if it is worthwhile.

Discussion ensued on acquisition of Mr. Savell's property, electorate support, looking at other sites, committing $450,000 to purchase the site, and waiting for the Town to decide.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize Commissioner Higgs to communicate with the Town of Melbourne Beach the Board's support for a library in the South Beaches, and return with alternatives at the October 6, 1998 meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: BREVARD COUNTY CODE 14-55(b) AND RESOLUTION NO. 98-09, RESPONSIBILITY OF OWNERS SECURING ANIMALS ON PROPERTY

Vice Chairman Scarborough advised a question was raised if an animal is on the owner's property, does the Code say it is at-large; with Animal Control Services and Enforcement Director Joe Ward responding if the animal is unattended, it is at-large; however, the County has not enforced it. Commissioner Cook stated people in rural areas have old dogs on porches, etc.; and inquired if they will be at-large if they run off the property. Vice Chairman Scarborough stated he, Commissioner O'Brien and Commissioner Higgs want it enforced.

County Manager Tom Jenkins inquired if the Board wants to give a warning for the first offense.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct that Section 14-55, Brevard County Code, be enforced with warnings for first offenses for 60 days; and adopt Resolution amending Resolution No. 98-09, reflecting appropriate fines for violations. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: SCAT BLOCK GRANT FUNDS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation for allocation of $808,270 in State Public Transit Block Grant funds for FY 1999. Motion carried and ordered unanimously.

TASK ORDER NO. 97-03 WITH HDR ENGINEERING, INC., RE: REPLACEMENT OF MELBOURNE TRANSFER STATION

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Task Order No. 97-03 with HDR Engineering, Inc. for permitting, design and construction services for replacement of Melbourne Transfer Station, at $1,206,000. Motion carried and ordered unanimously.

Commissioner Cook inquired if it fits into the long-range planning for Solid Waste; with Solid Waste Management Director Richard Rabon responding yes, it is under the CIP the Board approved on August 26, 1998, and fits into the plan.

AWARD OF PROPOSAL #P-1-8-16, RE: MEDICAID NON-EMERGENCY PARATRANSIT SERVICE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to award Proposal #P-1-8-16, Medicaid Non-emergency Paratransit Service, to Coastal Health Systems of Brevard, Inc. at an estimated annual cost of $1,650,000 for an initial three-year agreement with an option to extend for an additional two years. Motion carried and ordered unanimously.

Vice Chairman Scarborough inquired about the State's response; with Transit Services Director Jim Liesenfelt responding the State did not like the rates; and staff told them the County went out for an RFP. He suggested the Board award the contract, authorize negotiation of a contract, and see what Medicaid says about the rates.

RENEWAL OF LEASE AGREEMENT WITH MARK CANNON, RE: FIXED BASE OPERATOR AT VALKARIA AIRPORT

Vice Chairman Scarborough advised Community Development Administrator Peggy Busacca received a call from Chairman Voltz regarding this item; and requested she relay the information to the Board. Ms. Busacca advised Chairman Voltz called and said it was her intent to request the item be tabled until October 20, 1998, as Mr. Cannon cannot attend the meeting. She stated if the Board chooses to table the item, the Contract will expire October 31, 1998; so Assistant County Attorney Kathryn Harasz has prepared an extension for 60 days, which will provide sufficient time to discuss the item before the lease lapses.

Commissioner Higgs advised there are a number of people who have been here all day and who would like to see the Board take action on this item.

Vice Chairman Scarborough stated he does not know whether the Board should table the item or not, and anytime somebody has sat in the meeting for a long time, the Board should allow them the opportunity to speak; so the Board should take the comments then discuss tabling. Commissioner Higgs inquired if people who are going to speak should speak to the entire issue; with Vice Chairman Scarborough responding they can speak to any issue and be aware that Mr. Cannon is not here and the Chair is suggesting the Board hold off on it which should also be part of the discussion. Commissioner Higgs stated it was discussed some time that it would be on the Agenda today; and people are here to talk about it.

Linn Walters stated he has no knowledge of any complaints from the County against Mark Cannon's performance; he does not believe Mr. Cannon has violated his lease; and inquired under what grounds would the County not renew the lease. He stated the County may not want to renew the lease so it can acquire the fuel sales facility to keep the profits for itself; and he has a basic problem with that, and is not sure government and retail sales go together. He inquired why would the County embark on this retail establishment; why would it want to go into the business; why would it pay someone to operate it; and where will it stop. Mr. Walters stated some members of the community have complained about Mr. Cannon's business, but they are not customers nor have they been denied service; and he questions their motivation. He stated if the Board denies the lease renewal with Mr. Cannon, he hopes it will be done with Mr. Cannon's consent. He stated he wants the County government to govern and not become involved in retail sales; and it is unconscionable for the County to deny a lease for the sole purpose of acquiring a money-making operation.

Daniel Faden stated the residents of Valkaria feel the County should not renew the Contract with Cannon Aviation as the fixed base operator at Valkaria Airport; the rules are codified and there is an Airport Manager which has made a difference; the Airport is a good neighbor now; and the Board has ensured the safety of the pilots and operations at the Airport for a better situation than it has been in a long time. He stated the current Airport Manager is capable and competent to perform the function of an FBO for the County; the profits will help cover the cost of the Airport Manager and student assistants; Cannon Aviation has not been a good neighbor; and many of the conflicts for the past five years could have been avoided had the FBO been there every day as his lease requires, operated the Unicom, and put out the direction the Board wanted the Airport to go. He stated there were many violations such as night landings using car lights to illuminate the runway, promoting night time operations, proposing navigation and landing aids inconsistent with the nature of a recreational airport, and trying to take the Airport away from the County and put it under his control for development as he sees fit. Mr. Faden stated Mr. Cannon has publicly criticized the Board and Commissioners as incompetent and not having the ability to control and run the Airport; and there is a great danger of the County being undermined by the FBO who has consistently demonstrated his lack of respect for the Commissioners, their decisions, and the newly established policies. He requested the Board put it out for bid or take it back into the County's hands to avoid future conflicts. He noted the Board has a manager who is doing a good job; it has rules in place; the Airport does not warrant two people dictating policy; and the County should take the operation back.

Curt Lorenc advised of a letter he sent to the Board from the Valkaria Homeowners Association dated May 19, 1997, citing many serious contract violations as well as safety violations, and asking the County to terminate Mr. Cannon's lease. He stated the County failed to investigate those allegations. He stated if the allegations were investigated and action taken, the tragic death of a County employee may not have happened, as an unsupervised employee of Cannon Aviation drove a County tractor without the permission of the County and chopped to death one of the County's employees. He stated the wrongful death will probably lead to a lawsuit against the County and Cannon Aviation; a recent newspaper article said the County wants to take it over; Mr. Cannon said if the County terminates the lease, it owes him a quarter of a million dollars for his business; and that is bordering on extortion. He stated the County could realize up to $60,000 in revenues from fuel sales; and it makes sense for the County to take it over.

Janis Walters stated they have been working very hard to transform Valkaria Airport from a problematic money pit into a self-funding and inoffensive feature of a rural community; and over the past few years the County has fixed up the Airport and has a new manager who seems to be able to persuade airport users to fly friendly when he is watching. She stated they still suffer from a flyer who does aerobatics over Valkaria Heights as soon as the Airport Manager leaves, but with the fuel revenue the County could afford to add hours to the part-time F.I.T. airport management students and keep it manned during all daylight hours every day. Ms. Walters stated even though the fuel pump is fully automated, it would be safer to have someone there to make sure the grounding strap is being used during fueling and that helicopters are not dropping in a few feet from the fuel tank or blowing unsecured planes around. She stated there have been comments that it is a personal issue between the people of Valkaria and Mr. Cannon; it would be a lie to say that does not factor into it; however, it would take an exceptional performance on the part of the FBO to outweigh the economic benefits of the County taking over the fuel sales; and Cannon Aviation has not shown that exceptional level of service. She stated the real win/win situation is for the County to take over the fuel sales and not renew the FBO contract or extend the lease.

Bob Varley advised there is some apprehension from staff that Cannon Aviation may file suit against the County claiming financial damages if the lease is not renewed; however, there appears to be no justification for that claim. He stated postponing the decision today will put the County in a position of a short-term lease arrangement; the current contract is not very crisp on how to close things out through the non-renewal process; and a temporary extension will make it more difficult. He stated they all knew about this meeting for a long time; Mr. Cannon is making money at Valkaria; and if he could not be here today, he could have hired a legal representative to plead his case and represent his position. Mr. Varley stated Mr. Cannon sent in a plan of what he wants to do at Valkaria, so there is no need for any more input from Mr. Cannon on what his position is. He indicated it would almost be irresponsible financially not to take over the FBO's role of selling fuel; and stated things were different five years ago when Mr. Cannon first came in as the FBO. He stated the additional revenue from fuel sales will push the Airport closer to self-sufficiency and allow more F.I.T. students to get on-the-job experience. He stated Mr. Cannon or Cannon Aviation has not been a good and courteous tenant; he has criticized Brevard County to the FAA, FDOT, and Chamber of Commerce, and published an article in a national magazine decrying the incompetence of the County in managing the Airport; and he even challenged the integrity of one of the Commissioners. He stated Mr. Cannon has gone behind the County's back to FAA and FDOT to negotiate funding and ideas of projects that have not been approved by the Board and have specifically been disapproved. Mr. Varley stated there are night landings that are documented; Mr. Cannon refuses to operate the Unicom and discourages pilots from using it when it is operated; he has not been cooperative in enforcing restrictions on Runway 9/27 or supporting hangar inspections; and he has not had very good practice in fueling helicopters. He stated Mr. Cannon has been behind a lot of the discord between pilots and the community; he is constantly negotiating for destruction of the natural vegetation buffer at the Airport which protects the residents from the ground noise and isolates it from them visually; he has pushed in expanded 24-hour service and is not helping to keep it a recreational airfield; and requested the Board not renew the lease with Cannon Aviation.

Marcie Kinney stated it made sense for the County to privatize gasoline service to an outside contractor when it did not have an airport manager; but it does not make economic sense now with the manager on the premises and the good profits in gasoline operation for the County not to take back that activity. She stated the lease says the tenant has the option to renew subject to the County's approval; if the County thinks it is more financially responsible to keep the profits and pay employees' salaries, it makes sense; she created a spreadsheet to show her estimate of what the profit is right now less insurance costs; and the current profit is about 52 cents a gallon or approximately $27,000 a year. She stated the gas is being sold for 37 cents less than Melbourne Airport; so the Board could raise the price of the gasoline and have more profit potential and more money available to pay for activities. She stated if the County decides to privatize, other people would like to put in a bid for the operation, herself included with other partners.

Barbara Ray, President of Valkaria Residential Association, advised when they have come before the Board, their issues were always scheduled with another major issue that caused them to come back another night; the Chairman knew Mr. Cannon was not going to be here and he should have asked for another night or the Chairman should have asked to have it tabled this morning so they would not have to stay; and perhaps Mr. Jenkins and his staff could try hard to make it more convenient for people to come up with an issue. She stated the Board of Directors agreed that there were two goals for the Airport, first is safety and second is economic self-sufficiency; they have concerns with Mr. Cannon's ways of operating; he did participate in night landings that were unauthorized and lighted by car headlights; and most of what they are concerned about is safety. Ms. Ray stated the FAA strongly recommends that in any uncontrolled airport they operate a Unicom system; they understood that to be a function of the FBO because there was no manager; Mr. Cannon has not been able to do it; so since he has not demonstrated an ability to do that, they could use money generated from the operation if the County takes it over, and have people there every hour that the Airport is open to operate the Unicom system. She stated the revenue can finance the staff to help the Airport Manager who cannot be there all the time; and that is what they want the Board to do and to take action on it today. She stated Mr. Cannon had an opportunity to ask for it to be delayed, but he did not choose to do that; so it is appropriate for the Board to act on it today.

Dewey Leidal stated his comments are a film presentation. The film was presented, as narrated by Janis Walters, objecting to Cannon Aviation's unsafe practices, helicopter landings near fuel tanks, and haphazard operation.

Vice Chairman Scarborough questioned the use of a video with Janis Walters' voice, and inquired if it gives her two opportunities to speak, and is that correctly applied under the Board's policies. Commissioner Higgs stated Ms. Luba reviews all tapes in advance to ensure they are in compliance. Vice Chairman Scarborough requested Ms. Luba give the Board a memo clarifying that issue. Commissioner Higgs inquired if someone has to speak or can Mr. Leidal be present and allow it. County Manager Tom Jenkins advised all video tapes will be limited to not more than five minutes; only separate sleeve video tapes will be shown; lengthy tapes from more than one presenter that require stopping and starting will not be accepted; video tapes will not be shown of absent presenters; and any video tape that contains news footage, broadcast organizations, agencies, or commercial programming will not be shown unless presenter provides a written waiver; all video tapes must be reviewed by County production staff no less than 24 hours prior to the meeting; and video tapes not include obscenity or promote a commercial interest. Commissioner Cook stated the gist of that is the person in attendance's voice must be the presenter; with Vice Chairman Scarborough responding it does not say that specifically.

Discussion ensued on the policy of using video tapes, clarifying the policy, and putting it on the agenda for clarification.

Commissioner Higgs stated the meeting was advertised; everyone had an opportunity to be here; Cannon Aviation had an opportunity to not only speak to any Commissioner they wanted to in advance of the meeting present any information, or have a representative here; so every opportunity was given, and it is unfortunate that their representative is not here; however, the real issue is not Cannon Aviation, but what is in the best interest of Brevard County. She stated based on what staff presented and the other testimony given, it is in Brevard County's best financial interest to move forward and assume the responsibilities of handling the sales and tie downs at Valkaria Airport. She stated the County owns the land and the Airport; the tie downs require virtually no effort; the sales would require some effort; but the income that would be realized could supplement the Airport and make it safer and better for everyone, which is what she thinks the Board wants.

Vice Chairman Scarborough advised there was a request from the Chairman to table the item; and asked for a motion to table.

Motion by Commissioner O'Brien, to table the renewal of the Lease Agreement with Mark Cannon as fixed base operator at Valkaria Airport. Motion died for lack of a second.

Vice Chairman Scarborough stated that is a separate issue and he wants to know if the Board wants to hold off until Mr. Cannon can be present. He stated the Board can renew the lease; and if it does, everything else is moot; and asked if there is a motion to renew the lease.

Motion by Commissioner O'Brien, to automatically renew the lease with Cannon Aviation as fixed base operator at Valkaria Airport. Motion died for lack of a second.

Motion by Commissioner Cook, to go out for a request for proposals for the fixed base operator at Valkaria Airport. Vice Chairman Scarborough seconded the motion based on a proviso that the County can respond to the RFP.

Commissioner O'Brien stated it is irresponsible to do that; if that is the case, the County should take over all the concessions in the County that make money; Mr. Cannon spent five years putting in equipment, maintaining his equipment, and conducting a business for $27,000 gross profit, and maybe $10,000 after expenses; and that is not where the County wants to be.

Vice Chairman Scarborough stated Mr. Cannon can respond to the RFP; and he wants to know if the County can respond as well. Commissioner O'Brien stated Mr. Cannon is not here to defend himself today; he has a contract with the County; and the Board owes him some respect. Vice Chairman Scarborough stated the contract terminates unless renewed at the County's option; the Board is not bound to renew the contract; and the County has been good about going out and looking around to see what may be better for the County's interest.

Commissioner Cook stated he may vote for Mr. Cannon when the proposals come back, but there may be other providers; Mr. Cannon had a contract for five years; there is no divine right to County contracts; and he has always supported competitive bids or RFP's. Commissioner O'Brien stated it is a specialized service limited to a special industry; there are other vendors on County property that have long-term leases because they made substantial investments in the property; and besides substantial investment, Mr. Cannon has made his business there, and has reasonable expectations to negotiate with the Board first before sending it back out for bid without speaking to him. He stated if the Board wants more concessions, there is nothing wrong in having the motion say speak to Mr. Cannon to see if there are more concessions that benefit the County; and if there are not, then put it out for bid. He noted it is not a multimillion dollar contract like solid waste contracts.

Commissioner Higgs stated she supports the motion; her first choice is for the County to operate it, but going out for RFP's is consistent with what the Board has done; so she is willing to go along with that. She stated none of the County contracts guarantee the business for life; and the Board has the option to allow the bid process to go forward.

Discussion ensued on the Sebastian State Park tackle shop, Solid Waste contracts, computer system proposals getting a better price, no divine right to County contracts, and Mr. Cannon being able to apply for the FBO function again.

Commissioner O'Brien stated Mr. Cannon has five years invested and sweat equity that is being ignored; and he has an option to renew. Vice Chairman Scarborough stated the option is the County's, and if it was his, it would be different.

Vice Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

Mr. Jenkins clarified if it is for the full FBO operations, including fuel, tie downs and inventory; and if the Board wants to entertain a short-term continuation of the current lease while it goes out for the RFP. Commissioner Higgs inquired for how long; with Mr. Jenkins responding 60 to 90 days. Commissioner Higgs suggested 60 days. Discussion ensued on the time it will take to prepare an RFP, advertise it, receive responses, and come back to the Board with a recommendation.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize execution of an Extension Agreement with Cannon Aviation for 60 days under the existing Contract. Motion carried and ordered unanimously.

County Attorney Scott Knox advised he prepared an amendment in anticipation of something like this happening; and one provision he recommends is that nothing in the amendment be constructed as approval of Cannon's request to exercise the tenant's option to renew. He recommended the Board approve that provision as part of the amendment.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize execution of an Amendment with Cannon Aviation as FBO at Valkaria Airport, with the provision that nothing in the Amendment be construed as approval of Cannon's request to exercise the option to renew. Motion carried and ordered unanimously.

Vice Chairman Scarborough inquired if the County does a portion, who would do the remainder; with Mr. Jenkins responding they would do just the sale of fuel because it is automated and tie downs, if feasible, because it is a revenue source and not operate the parts shop. Commissioner Higgs inquired if there is an inventory; with Valkaria Airport Manager Jim Shimkus responding not that he is aware of. Commissioner Higgs recommended the RFP look for the best proposal for as many services as the County can get and not be exclusive to certain services; with Mr. Jenkins stating that would be fine. He introduced Jim Shimkus to the Board.

The meeting recessed at 3:47 p.m., and reconvened at 4:01 p.m.

PERSONAL APPEARANCE - ATTORNEY JACK KIRSCHENBAUM, RE: MOBILE COMMUNICATION TOWER IN OUC UTILITY CORRIDOR

Attorney Jack Kirschenbaum, representing Sprint PCS, advised he addressed the Board for a CUP to erect a cellular tower north of Kings Highway on Grissom Parkway; and the Board's concern was the height of the tower and its proximity to Space Coast Executive Airport, and declined the CUP. He stated the suggestion from the Board was that they attempt to co-locate on OUC's structures that carry their power lines east and west and run between Grissom Parkway and I-95; they filed for a CUP to put an antenna on an existing OUC tower; the final hearing will be October 25, 1998; and with their schedule, it will not be erected until the end of the year. He stated what they are seeking today is a communications on wheels (COW).

Vice Chairman Scarborough advised the County does not have a methodology to authorize the COW; and inquired if staff said with the CUP the COW becomes automatic. Planner Tom Myer advised once they are permitted to have a tower on the property, they can proceed to build one; and since they are permitted to have the tower, they would be able to move the COW on there which essentially is a temporary tower. Vice Chairman Scarborough stated if a COW is granted today, theoretically the Board has to grant COWS throughout the County any time someone comes up on a personal appearance without notification as required for zoning and CUP's; and inquired if the Board wants to proceed in that manner, as there is no methodology in the Code.

Mr. Kirschenbaum advised there is a mechanism under the temporary use agreement because they are improving a public facility which is cellular communications. He stated it does not fall squarely within public facilities, but it is akin to it; and they could obtain a temporary use permit for a limited period of time. He noted Florida Statutes allow it for less than one year; and through that mechanism they could obtain the ability to erect the mobile platform for 30, 60 or 90 days.

Discussion ensued about treating everyone equally, proliferation of COW's, and temporary use agreement requiring public hearing and notice.

Commissioner Higgs stated they are looking for a mechanism to act by their October deadline; and inquired if there is anything that would preclude the Board from acting because it does not have a mechanism; with County Attorney Scott Knox responding the temporary use agreement would be the way to do it and can be expedited as there is no provision in the Ordinance on how many days in advance it has to be advertised. Mr. Myers stated there is a notification requirement to everyone within 1,000 feet of the proposed use under the temporary use agreement; and staff's concerns were that the requirements for applying for a temporary use agreement shall be approved only in those situations where the request is necessary to fulfill the obligation of a federal, state or local government agency contract to construct, maintain, or improve a public facility.

Commissioner O'Brien stated government is full of rules and regulations; the Board knows Mr. Kirschenbaum has a contract to put antennas on top of power lines owned by OUC; they have a deadline of October 1, 1998; and the only hindrance is this Board. He stated Mr. Kirschenbaum has done what the Board asked him to do; he applied for a conditional use permit; and now he needs a temporary use for a mobile facility that has an antenna. Vice Chairman Scarborough reiterated the need to treat everyone equally and to avoid proliferation of COW's. Commissioner Higgs recommended staff proceed with the notice and the Board hear the request on September 29, 1998. She stated the Board asked her to talk to OUC about locating on transmission poles; and she did that at the Board's request and nothing beyond that in terms of supporting the applicant.

Vice Chairman Scarborough advised Mr. Kirschenbaum to apply for a temporary use agreement. Commissioner Higgs requested staff notice the hearing for September 29, 1998.

WAIVER, RE: ADDRESSING AND BUILDING CODE REQUIREMENTS

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to waive addressing and Building Code requirements for property located at the southwest corner of North U.S. 1 and Poinsetta Street in Port St. John and allow the use of 7075 North U.S. 1 as the business address for Parrish Medical Center. Motion carried and ordered unanimously.

APPROVAL, RE: FDOT GRANT APPLICATIONS FOR SHERIFF'S OFFICE

E. C. Smith, Selective Enforcement Unit Coordinator for the Sheriff's Department, advised the two applications for grants from the Florida Department of Transportation are for $37,545 to purchase 11 radar speed measuring devices and one speed measuring trailer, and $297,945 to hire four DUI enforcement deputies including vehicles and deputy outfitting. He stated the positions and equipment are to address the DUI problem and reduce the number of fatal crashes.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize the Sheriff to submit grant applications to Florida Department of Transportation FY 1999 Highway Safety Plan Grant Program for $37,545 and $297,945. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING LAND DEVELOPMENT FEES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution revising Land Development permit review fees to cover the cost of the service. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 98-09, RE: ANIMAL SERVICE AND ENFORCEMENT FEES FOR BITE INVESTIGATIONS, TRANSPORTING, AND TRAPS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution amending Resolution No. 98-09, establishing animal services and enforcement fees for bite investigations, transporting, and traps. Motion carried and ordered unanimously.

RENEWAL OF AGREEMENT WITH RENE BATES AUCTIONEER, INC., PERMISSION TO BID, AND APPOINTMENT OF SELECTION COMMITTEE, RE: AUCTIONEER SERVICES

Commissioner Cook advised he would prefer to go out to bid rather than do the extension. Public Works Director Henry Minneboo advised what they get from the sale has a determining factor on what they buy on fleet purchases, and that is why Mr. Donnelly asked for an extension.

Mark McMichael, owner of M M Auctioneers, advised when a contract expires, they bid for it and take their chances; the Contract with the existing auctioneer expires this month; and there is a request to extend that Contract. He requested the Contract not be extended, and the service be put out for competitive bid to give other people a chance at it.

Motion by Commissioner Cook, to bid auctioneer services. Motion died for lack of a second.

Commissioner Cook inquired how long has the Contract been in force; with Property Control Supervisor Roger Donnelly responding it was a three-year contract with two one-year renewals for a total of five years; the first three years are done; and this is the first renewal. Mr. Donnelly stated historically sales are held in October; they have been working towards this sale and putting equipment at Wickham Road; and if the Contract is not renewed, then it would probably be January, 1999 before they can have a sale, because they have to get mailing labels from the State for the various auctioneers in order to notify everybody so nobody can say they were slighted.

Commissioner Higgs inquired if the sale in October was advertised; with Mr. Donnelly responding he has not advertised it, but the auctioneer has been advertising it for six months. Commissioner Cook stated that is interesting, since the renewal of his Contract is subject to the Board's approval. Mr. Donnelly stated he has to plan ahead for his sales, and he notifies everyone of every sale he has. Commissioner Cook inquired if he is from Texas; with Mr. Donnelly responding yes, but he is also a Florida licensed auctioneer. Commissioner Cook stated he is compelled by a local businessman who comes to the Board and says the Contract is up and he would like a chance to bid on it even though he may not get it rather than wait three or six months; consequently, the Board should open it up; and if the sale is held in January, then the County would make the proceeds in January. Mr. Donnelly commented the equipment will be sitting around for all those months and does deteriorate if not used.

Vice Chairman Scarborough inquired if it was staff's intention to go ahead with the current sale then immediately go out with an RFP; with Mr. Donnelly responding yes, the sale would be held in October, and they would have until next October to go through the process of hiring a new auctioneer. Vice Chairman Scarborough stated sometimes it is difficult to determine who can provide the best service; an auctioneer gets a certain percentage; if the bid is just for percentage that may not mean anything; and inquired how does staff determine quality; with Mr. Donnelly responding they look at price first, then the amount of sales the auctioneers have and how large the sales are, and do a complete call on their references before ranking them in three different areas. Mr. Minneboo advised the selection committee goes through great lengths and looks at the backgrounds of the auctioneers, how many sales they have done, and how strongly they are recognized nationally; Rene Bates has a tremendous following and unloaded a tremendous amount of equipment for Brevard County; he flew in people from as far away as Washington State and New York to attend the auction at no cost to the County; and that was a strong selling point. Commissioner Cook stated nobody is questioning his abilities, but it needs to go back out for bid, and he may be the selected bidder again. Vice Chairman Scarborough stated the question is whether the Board wants to do it concurrently with the sale, let Rene Bates finish the sale, or hold off on the sale and do the RFP. He inquired if it would be wise, since Mr. Bates has already started marketing, not to go ahead with the sale. Commissioner Higgs stated she supports going out for bid, but would be reluctant to stop the sale right now since they have already started the advertising procedure; however, the County Manager needs to ensure that contracts come before the Board six months before they expire. Commissioner Cook stated the County did not advertise, the auctioneer did; and there is no divine right to County contracts. Mr. McMichael stated he has Rene Bates' brochure and Brevard County is not in it; there are local auctioneers who are not as big as Rene Bates, but who hold the world record for certain sales; and that it is not because they are a massive worldwide organization, it is just that they are a small organization that does a good job. Commissioner Cook inquired if Mr. McMichael wants the Board to go out for bids now or go with Vice Chairman Scarborough's suggestion; with Mr. McMichael responding there is no reason why it could not be done now; the County would only lose a couple of months; the equipment is not in use daily and will not fall apart when it is parked; and it has been parked for the most part.

Discussion ensued on the procedure for bidding the service and the time it will take, the problem with asking a new auctioneer to have a sale in January, why Mr. Bates advertised for six months when his contract was up for review, if some assurance was given to Mr. Bates, the County's procedure that individual departments that handle contracts could renew without coming back to the Board unless it specifically said in the contract to come back to the Board, potential lawsuit by Rene Bates if Contract is not renewed, and the County Manager giving the Board a report on contract renewals.

Motion by Commissioner Higgs, to extend the Contract with Rene Bates for auctioneer services for three months as recommended by staff; and authorize proceeding with a request for proposals for such services.

Commissioner Cook recommended extending the contract just through the October auction, then go out for bid. Commissioner Higgs agreed to a 30-day extension. Commissioner O'Brien recommended preparing the RFP now and putting it out but not opening it until after the October sale. Commissioner Higgs inquired how long would they need to renew the contract for; with Mr. Donnelly responding the contract is for 12 months, but there is only one sale a year. County Manager Tom Jenkins stated by the time they have the next auction, the Contract will expire. Commissioner Higgs stated the Contract has already been renewed for one year; and she is perplexed as to what to do. Vice Chairman Scarborough inquired if the Board should confirm staff's action; with Commissioner Cook stating it would preclude people like Mr. McMichael for the next year. Commissioner Higgs suggested a 30-day extension and getting information from the County Manager and County Attorney as to exactly where they are on the issue.

Vice Chairman Scarborough requested a second to the motion with the statement asking for a report from staff. Commissioner Cook agreed to second the motion. Commissioner O'Brien stated he will reluctantly vote for it because of the previous commitment. Vice Chairman Scarborough stated he would prefer to have an RFP instead of a bid.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to extend the Contract with Rene Bates for auctioneer services for 30 days; direct staff to proceed with an RFP for the services; appoint Henry Minneboo, Dick Rabon, Dick Martens, Pat Moore, and Roger Donnelly to the Selection Committee; and direct the County Manager and County Attorney to return to the Board with a report. Motion carried and ordered unanimously.

RELEASE OF AGREEMENT FOR DONATION OF REAL PROPERTY WITH MAPLEWOOD ENTERPRISES, INC., RE: PROPERTY DONATED TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT BY NURIK LIMITED

Commissioner O'Brien advised the property was donated to Brevard County by Maplewood Enterprises, Inc., but the Deed was never recorded or the donation accepted; Nurik Limited acquired the property at a Tax Deed Sale in 1996 after it was given to the Board as a gift in 1985; and inquired why the property was donated to the County, never accepted, sold 11 years later, and donated to St. Johns River Water Management District. He stated something occurred, and somehow St. Johns River Water Management District ended up with the property that could have been used for mitigation or other purposes of the County; and recommended the County Attorney look into it. Commissioner Higgs stated when it was explained to her it made sense. County Manager Tom Jenkins recommended the item be continued for two weeks.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to continue the release of Agreement for Donation of real property with Maplewood Enterprises, Inc. until September 29, 1998. Motion carried and ordered unanimously.

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

Chairman Voltz advised she would like to bring the Valkaria issue back up because to her knowledge, the Board has never not recognized a request from an applicant or whoever, to table or continue an issue; and it is categorically unfair to Mark Cannon to not have done that for him. Commissioner Cook advised the Board had that discussion; he understood Mr. Cannon could not make it to the meeting, but he did not bother to send a representative; and maybe there is some reason he could not, but it seemed like somebody could have been here. Chairman Voltz stated he is out of town and is the only one who does it, so there was nobody else who could possibly represent him. Commissioner Cook stated he is not precluded from rebidding. Chairman Voltz stated Mr. Cannon feels he has a business that he has built at Valkaria that is worth over $200,000; and inquired how can the County just go out and bid on his business; with Commissioner Cook responding it had a specific term; and once a contract expires, it is up to the Board to decide whether or not to renew it. Chairman Voltz stated she understands that, but there was no reason why the Board could not table the item until he came back. She stated it was unfair to him when he specifically asked the Board to table it until the night meeting in October when he could be here; and she would like to bring it up for a vote again. Commissioner Cook stated the problem is all the people who were here have left and it would be unfair to them for the Board to reverse its position. Chairman Voltz stated the Board acted without Mr. Cannon being here; with Commissioner Cook responding the Board debated his request and decided if it went out for an RFP he would still have an opportunity to submit a proposal. Chairman Voltz stated he requested the item be tabled; the Board should honor his request; there is no reason not to; and it has never done that in the past.

Commissioner Higgs advised a number of people presented options to the Board; they also presented an argument that every time the Valkaria issues come before the Board they are here, wait and then have them tabled; so the Board acted. She stated Mr. Cannon is able to propose as are any other persons who want to; and it would be extremely unfair at this point for the Board to act. Chairman Voltz stated it was extremely unfair for the Board to act when Mr. Cannon specifically asked for it to be tabled. Commissioner O'Brien stated he had the same argument earlier. Commissioner Cook stated the Board spent an extended amount of time debating the issue; and nobody has a divine right to County contracts. Chairman Voltz stated she is not at issue with the contract, but with the fact that it was not tabled when it was requested by the applicant. Commissioner Higgs stated the Board talked about it and debated it; that was the first question Vice Chairman Scarborough asked the Board to decide; the majority of the Board agreed to go ahead and take care of the item today rather than continue to put off items dealing with Valkaria Airport; and she applauds the Board's willingness to deal with the issue at the time when people were here. She stated one of the worst things the Board has done over the years is to put off making decisions; the Board has taken action; it took all the public comments; it had extended debate; and no one is precluded in the future from bidding on the service; so she will move to adjourn the meeting.

Motion by Commissioner Higgs, to adjourn. Motion died for lack of a second.

Chairman Voltz advised when it was put on the Agenda, Mr. Cannon was not notified; he did not know it was going to be on the Agenda; and when he found out, he knew he would be out of town, so he requested it be moved. Commissioner Higgs stated the Contract expires October 31, 1998; the Board did vote for an extension in light of its decision to proceed with the RFP; if the Board were to terminate the Contract, it would require 30 days notice; so it was wise and responsible to put it on the Agenda. She stated if it is put off, it would put the Board in jeopardy on that contract. Chairman Voltz stated the only thing that would be put off is an extension of the Contract, and the Board could talk about that next week; the people who were here were not directly involved with the Contract; but their rights have been put above the rights of the person directly involved with the Contract. Commissioner Cook stated Mr. Cannon had an opportunity to send someone to at least read a letter on his position. Chairman Voltz reiterated he requested it be tabled; the Board has never not tabled an item requested, so no precedent was set that would say there was a possibility the Board would not table it for some reason; it is unfair to him; and she is appalled that the Board would do something like that to someone. Commissioner Higgs stated a number of people were interested and were here; a time certain at the discretion of the Chairman would have allowed her to be here to argue those points at that time; it is unfortunate that she had to be away on other things; but the Board made the best decision it could and it needs to move forward. Chairman Voltz stated it was wrong.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:51 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)