The Board of County Commissioners of Brevard County, Florida, met in regular session on September 23, 1997, at 9:08 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and *Assistant County Attorney Katherine Harasz. Absent was: County Attorney Scott Knox.

The Invocation was given by Commissioner Truman Scarborough.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

ACCEPTANCE, RE: VOLUNTEER ADULT DENTAL CLINIC PLAQUE

Commissioner Higgs advised of the work of the Volunteer Adult Dental Clinic; and stated the Board was awarded a plaque for its support of the program.

Chairman O'Brien read aloud the plaque; and stated it will be displayed in the Commission Board.

DISCUSSION, RE: REDEVELOPMENT AGENCIES

Commissioner Voltz advised when the Board took action recently on the Cocoa and Melbourne Redevelopment Agencies, it limited them to 25 years; and suggested the Board address limiting Merritt Island Redevelopment Agency to 25 years to make them all consistent.

Chairman O'Brien advised of other existing redevelopment agencies.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to limit all redevelopment agencies to 25 years, including existing redevelopment agencies.

Commissioner Cook noted the Board does not have control over all redevelopment agencies, and there may be some implementation procedure.

County Manager Tom Jenkins suggested staff research the issue.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to amend the motion to direct staff to provide a report regarding limiting redevelopment agencies to 25 years, including the Merritt Island Redevelopment Agency, and schedule the issue on the agenda.

Commissioner Scarborough inquired if it would be 25 years from each redevelopment agency's initiation; with Commissioner Voltz advising it would be possible to come back to the Board. Commissioner Scarborough noted there may be problems with bonded indebtedness or other things which may need to be considered.

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

DISCUSSION, RE: HEALTH CENTERS

Commissioner Voltz advised there was discussion about making health centers such as ProHealth available to the County employees; and inquired if the Board desires to bring that back as an agenda item.

County Manager Tom Jenkins advised information was forwarded to County employees; however, if it is to be done through payroll deduction, it will have to be approved by the Board. Commissioner Voltz requested the issue be scheduled on a future agenda.

RESOLUTION, RE: RECOGNIZING DECLARATION OF INDEPENDENCE AND U.S. CONSTITUTION

Commissioner Voltz read aloud a resolution recognizing the Declaration of Independence and U.S. Constitution.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution recognizing commitments to the goals of the Declaration of Independence and U.S. Constitution. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING ROBERT E. KNOX

Chairman O'Brien read aloud a resolution commending Robert E. Knox for 30 years of service to the County.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Robert E. "Pete" Knox for 30 years of dedicated service to the County and its citizens, and extending best wishes on his retirement. Motion carried and ordered unanimously.

Public Works Director Henry Minneboo expressed appreciation to Mr. Knox for his dedication and service.

PRESENTATION, RE: GFOA DISTINGUISHED BUDGET AWARD

Chairman O'Brien read aloud the Government Finance Officers Association Distinguished Budget Presentation Award; and recognized Budget Director Kathy Wall, Senior Budget Analyst Neil Boynton, Budget Analysts Shai Francis, Alicia Khan, and Mary Brant, Accountant Pam Wallace, and Executive Secretary Diane York for their achievement. County Manager Tom Jenkins presented the award to the Budget Office staff. Ms. Wall expressed appreciation.

APPROVAL OF AWARDS, RE: 1997 EMPLOYEE INNOVATIONS PROGRAM

County Manager Tom Jenkins advised the purpose of the Employee Innovations Program is to reward employees for suggestions that result in improved productivity, enhanced health or safety, or operating savings for the County. Mr. Jenkins stated Jorge Rosa, who is not present because he is on active military duty, submitted a suggestion concerning traffic signal signing which improves safety for motorists; Diane Coran, Cheryl Dunn and Greg Richards submitted a suggestion which results in $8,200 savings through re-design of a permit to replace a number of forms; and Bernie Jackson submitted a suggestion which results in a savings of 312 man-hours per year scrubbing clarifier weirs and reduced employee risk. Mr. Jenkins presented Certificates to the employees.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN PORT ST. JOHN, UNIT 7 - KENNETH D. FLEMMING

Chairman O'Brien called for the public hearing to consider resolution vacating public utilities and drainage easements in Port St. John, Unit 7 as petitioned by Kenneth D. Flemming.

There being no objections or comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utilities and drainage easements in Port St. John, Unit 7 as petitioned by Kenneth D. Flemming. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PART OF OLD DIXIE HIGHWAY RIGHT-OF- WAY - DICK WIEBELT

Chairman O'Brien called for the public hearing to consider resolution vacating part of Old Dixie Highway right-of-way as petitioned by Dick Wiebelt.

Commissioner Cook inquired if all adjacent property owners were notified and there were no objections; with County Surveyor Beverly Sutphin responding a single objection was received from an adjacent property owner, and staff has been unable to reach the person to deal with his objection which relates to reduced access.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing to consider resolution vacating part of Old Dixie Highway right-of-way as petitioned by Dick Wiebelt to September 30, 1997. Motion carried and ordered unanimously. PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY ASSESSMENT ROLL FOR RANCHWOOD COURT WATER MSBU PROJECT

Chairman O'Brien called for the public hearing to consider resolution confirming Preliminary Assessment Roll for Ranchwood Court Water MSBU Project.

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

PUBLIC HEARING, RE: ORDINANCE REVISING DEPARTMENTAL STRUCTURE

Chairman O'Brien called for the public hearing to consider an ordinance revising departmental structure.

County Manager Tom Jenkins advised the revision was implemented in the Spring based on Board action; and the ordinance formalizes the action.

Chairman O'Brien inquired if the Valkaria Airport is still under Parks and Recreation; with Mr. Jenkins responding that will be under the County Manager's Office as a result of the Board's action.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance amending Article II, Code of Ordinances of Brevard County, Florida, repealing the existing Section 2-73 and creating a new Section 2-73 providing for the departmental structure of County government as stated in the Fiscal Year 1997-98 budget; providing for conflicting provisions, severability, and an effective date. Motion carried and ordered unanimously.

REQUEST FOR SPEED HUMP, RE: EVERETT STREET

Traffic Engineering Director Billy Osborne stated on August 19, 1997 the Board directed staff to contact Fire Rescue, Ambulance, Solid Waste, and the Post Office for opinions on the installation of speed humps; and the agencies voiced objections to the speed humps.

Commissioner Scarborough suggested the issue be referred to the Port St. John Advisory Board. Discussion ensued on bringing the decision closer to local level, speed humps as last resort, and concerns of various departments.

Chairman O'Brien recommended the Advisory Board advise Commissioner Scarborough as it is not the responsibility of the Advisory Board to advise the entire Board. Commissioner Scarborough stated the Advisory Board can send a report to him, and he will report to the Board. Discussion ensued on the process, whether the issue may be referred to the Advisory Board, the staff report, and safety concerns.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to refer the issue of speed humps on Everett Street to the Port St. John Advisory Board; and table consideration of the request to September 30, 1997.

Commissioner Cook expressed concern about sending all speed hump requests to an advisory board; and stated he would prefer to keep it to zoning matters. Commissioner Scarborough requested the Everett Street request be sent to the advisory board as a test, and if the Board does not like what happens, it can stop. Discussion ensued on advisory board recommendations. Commissioner Voltz suggested sending the speed hump request to the homeowners association for comment.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table consideration of the speed hump request for Everett Street to September 30, 1997. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1997, FOR GRAYWATER INVESTMENTS II, LTD. PROJECT (DEMACO)

Economic Development Director Greg Lugar advised of the history, background, and anticipated consolidation and relocation plans of the Demaco project; and stated the Finance Committee has unanimously recommended the project go forward for the issuance of bonds, provided all conditions of Financial Advisory Tom Holley's letter have been met. He stated the bonds will have statements requiring a letter of credit for the amount of the bonds and that the bonds will be issued in no less than $100,000 denominations for sophisticated investors. He stated Bond Counsel Holland and Knight has been working with the County and the applicant to insure the requirements of the Finance Committee have been met.

Commissioner Cook stated the Finance Committee, on the advice of Mr. Holley, recommended approval of the resolution with the conditions.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution authorizing issuance of $3,500,000 Industrial Development Revenue Bonds, Series 1997, Graywater Investments II., Ltd. (Demaco Division of Howden Food Equipment, Inc.), as recommended by the Finance Committee and Financial Advisor, with the conditions outlined in the letter from Financial Advisor Tom Holley; and authorize the Chairman and Clerk to execute all necessary legal and financial documents.

Commissioner Higgs advised this is part of the State allocation for industrial revenue bonds. Mr. Lugar advised that is correct for $2,950,000 and the other $550,000 is taxable bonds; but the applicant intends to reapply during the next allocation cycle for that amount to become non-taxable also. Commissioner Higgs inquired if the purchasers are covered by the letter of credit and the Board is not liable for any payment to the bond holders. Mr. Lugar responded that is true; with Assistant County Attorney Katherine Harasz affirming that is correct.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

DISCUSSION OF DRAFT LETTER TO PRESIDENT CLINTON, RE: NATIONAL AMBIENT AIR QUALITY STANDARDS

County Manager Tom Jenkins stated the letter was on a previous Agenda; it has been modified; and it has been brought back for the Board's review.

Commissioner Voltz stated the letter is well written.

Commissioner Higgs stated the issue is complicated; she is not qualified to evaluate the new EPA standards; and the letter raises the issues without taking a position of opposition.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve draft of letter to President Clinton concerning ambient air quality standards.

Commissioner Scarborough expressed concern about the language "not aware that sufficient cause exists to require these additional rules at this time"; and inquired if the Board is adequately informed to make this analysis.

Commissioner Voltz stated there is questionable data on both sides. She requested the first paragraph be revised to read, "impacts of the proposal could be profound on local government."

Commissioner Cook amended the motion to include the language revision.

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

*Assistant County Attorney Katherine Harasz's absence and Assistant County Attorney Eden Bentley's presence were noted at this time.

The meeting recessed at 9:58 a.m. and reconvened at 10:17 a.m.

APPROVAL OF MINUTES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve the Minutes of the August 19, 1997 Regular Meeting. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH TERRY MILAM, RE: LAURENS AVENUE

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Terry L. Milam for a building permit off an existing right-of-way, constructed to the standards of the Unpaved Road Ordinance No. 97-02. Motion carried and ordered unanimously.

APPROVAL, RE: DRAFT SCOPE OF SERVICES FOR BABCOCK STREET CORRIDOR ARTERIAL INVESTMENT STUDY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve the draft scope of services for the Babcock Street Corridor Transportation Alternatives Study. Motion carried and ordered unanimously.

APPROVAL, RE: DRAFT SCOPE OF SERVICES FOR APOLLO BOULEVARD CORRIDOR STUDY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve the draft scope of services for the Apollo Boulevard Corridor Study. Motion carried and ordered unanimously.

RESOLUTION, RE: CONSIDERING NOKIA MOBILE PHONES, INC. AS A QUALIFIED EXISTING BUSINESS FOR TAX ABATEMENT

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution stating that Nokia Mobile Phones, Inc. is a qualified existing business expanding in Brevard County, requesting the Property Appraiser provide the Board with the necessary report, requesting the Economic Development Commission conduct an economic analysis and provide the Board with a recommendation of Nokia's tax abatement application, and authorizing publication of a public hearing notice to consider an exemption ordinance. Motion carried and ordered unanimously.

APPROVAL, RE: TRANSFER OF SURPLUS APPLE COMPUTERS AND SOFTWARE TO BREVARD COUNTY SCHOOL BOARD

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve the transfer of Apple computers and software at Cuyler Community Learning Center to the Brevard County School Board for use at Golfview Elementary School. Motion carried and ordered unanimously.

PARTIAL RELEASE OF SECOND AND THIRD MORTGAGES, RE: CHERYL FARMER

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize execution of Partial Release of Second Mortgage and Third Mortgage for Cheryl Farmer who received assistance through the First Time Homebuyer and Repair Assistance Program. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: NUISANCE ANIMAL TRAPPING AND ROAD CARRION REMOVAL SERVICES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize advertising request for proposals for nuisance animal trapping and road carrion removal services for one year with the option to renew for one year; and appoint Selection Committee comprised of the Assistant Director of Housing and Human Services, Animal Control Special Projects Coordinator, three Shelter Managers, Department Finance Manager, Code Enforcement Officer, and Purchasing Director or designee who will serve as staff liaison and a non-voting member. Motion carried and ordered unanimously.

AMENDMENT NO. 3 WITH DEPARTMENT OF STATE, DIVISION OF HISTORIC RESOURCES, RE: EXTENDING GRANT TO RENOVATE H. S. WILLIAMS HOUSE

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Amendment No. 3 with Department of State, Division of Historic Resources for Historic Preservation Grant award to renovate the H. S. Williams House, extending the term for two months. Motion carried and ordered unanimously.

APPROVAL OF APPLICATION AND CERTIFICATION FOR PAYMENT REQUEST FROM SANTA CRUZ CONSTRUCTION, RE: MADISON SWIMMING POOL

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Application and Certification for Payment Request from Santa Cruz Construction for Madison Swimming Pool Renovation, and approve final payment of $8,303.48 to the contractor. Motion carried and ordered unanimously.

AUTHORIZATION TO REMOVE FROM INVENTORY, RE: MARKING KIT AND PRESSURE CLEANERS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve removal of Toro Foam Marking Kit PR #718-0916 and two Viking Pressure Cleaners, PR #433-0060 and PR #433-0061, from the Inventory of Golf Course Operations which were reported missing. Motion carried and ordered unanimously.

AGREEMENTS WITH ARTHRITIS FOUNDATION, RE: USE OF GOLF CARDS AT COUNTY GOLF COURSES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Agreements with Arthritis Foundation for use of golf cards at Spessard Holland, Habitat, and Savannahs Golf Courses. Motion carried and ordered unanimously.

AGREEMENTS WITH AMERICAN LUNG ASSOCIATION, RE: USE OF GOLF CARDS AT COUNTY GOLF COURSES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Agreements with the American Lung Association for use of golf cards at Spessard Holland, Habitat, and Savannahs Golf Courses. Motion carried and ordered unanimously.

RESOLUTION, APPOINTMENTS, AND APPLICATION, RE: ESTABLISHING LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDING ADVISORY BOARD

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution establishing the Local Law Enforcement Block Grant Funding Advisory Board; appoint Bob Sarver representing the Law Enforcement Agency, Leah Wynn representing the Court System, William Sidoran representing the Public School Systems, Michael Hunt representing Prosecutor's Office, Jan Lokay representing non-profit groups active in crime prevention, drug use prevention or treatment, Michelle Serrano representing Department of Children and Family Services, and Bernice Jackson representing the County Government; and execute application for funding. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH WUESTHOFF HEALTH SYSTEMS, INC., RE: EMS AMBULANCE STATION

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Lease Agreement with Wuesthoff Health Systems, Inc. renewing the lease for EMS ambulance station at 113 Longwood Avenue, Rockledge. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT WITH FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, RE: COORDINATED TRANSPORTATION SERVICES IN BREVARD COUNTY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Memorandum of Agreement with Florida Commission for the Transportation Disadvantaged for Space Coast Area Transit to provide coordinated transportation services to the community from October 1, 1997 to September 30, 2000. Motion carried and ordered unanimously.

APPROVAL OF ASSIGNMENT, RE: REMOVAL, HAULING, AND DISPOSAL OF LIQUID SEPTAGE FROM WHEELABRATOR, INC., TO J. & J. BAKER ENTERPRISES, INC.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve the assignment of Contract for disposal of liquid septage from Brevard County septage facility from Wheelabrator, Inc. a/k/a BioGro Systems to J & J Baker Enterprises, Inc. Motion carried and ordered unanimously.

REJECT BID AND AUTHORIZE PURCHASE OFF THE GSA CONTRACT, RE: BID #B-5-7-79, ATOMIC ABSORPTION INSTRUMENT

Motion by Commissioner Cook, seconded by Commissioner Voltz, to reject all bids for Bid #B-5-7-79, Atomic Absorption Instrument, and authorize purchase of the instrument off the GSA Contract. Motion carried and ordered unanimously.

EXTENSION, RE: 1997 TAX ROLL BEFORE CERTIFICATION BY THE VALUE ADJUSTMENT BOARD

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize extension of the tax roll prior to completion of the Value Adjustment Board process and the Board's certification of the tax roll. Motion carried and ordered unanimously.

APPROVAL, RE: MODIFICATION TO ZONING PROCEDURES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize amendment to Resolution No. 93-428, Section 6.4, establishing formal operating procedures for the Board as recommended by the County Attorney; and authorize the County Attorney's Office to prepare an ordinance amendment incorporating the procedures into the Planning and Zoning Board hearing process. Motion carried and ordered unanimously.

APPROVAL, RE: BOARD DIRECTED CONTRACT PROVISIONS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve procedure with respect to Board-directed clauses such that if clauses are not agreeable to the other party and are not included in the contract, the Board will be informed on the Agenda Report why the clause was not included and can determine at that time whether the absence of the contract provision is a reason to reject the entire contract; and approve modification of clause regarding employment of alien workers, deleting language regarding the County's consideration of employment of unauthorized aliens as a violation of the INA, due to the County's inability to enforce the INA. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to appoint Alice Crowell, 601 Alcazar Avenue, Cocoa, to the Port St. John Public Library Advisory Board replacing Terri Williams; and reappoint Michael T. Horne, 2575 Ranch Road, Melbourne, to the Melbourne-Tillman Water Control District. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve bills as submitted. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF COMMENTS AND PROVIDE FINAL DIRECTION, RE: ENVIRONMENTALLY ENDANGERED LANDS PROGRAM SANCTUARY MANAGEMENT MANUAL

Environmental Services Administrator Stephen Peffer stated previously the Board directed staff to submit the EEL Program Sanctuary Management Manual to all the municipalities for comments; and the Board has been provided with copies of the comments from the municipalities as well as additional comments from the EEL Selection Committee. He requested the Board provide direction and approve the Management Manual as well as providing direction about future financing of the EEL Program. He recommended the Board use the County Manager's version of the Manual for discussion; advised the EEL Selection Committee has commented on that version; and the intent is to include Commissioner Cook's comments, which were approved by the Board previously.

Commissioner Cook stated there are three versions of the Manual, the original version, the amended version which included his comments, and the County Manager's version; and expressed preference for the amended version including his comments.

Chairman O'Brien stated if the Board decides to put the land management of the EEL properties under the Parks and Recreation Department, the staff will have to be qualified for the job, and the EEL Selection Committee may act as advisory board to the staff.

Ben Coffin spoke in favor of the manual as it is now.

James French commented on the Parks and Recreation Department taking over the land management of the EEL properties.

Laurilee Thompson commented on eco-heritage tourism and habitat management.

Don Garretson expressed support for the EEL Committee version of the manual with the changes suggested by Commissioner Cook; and stated if that version is not approved, he would support sending both versions back to staff to be combined into a final document. He recommended an ongoing source of funding be identified.

Martha Pessaro read aloud a letter from the Friends of the Enchanted Forest in support of the

manual as developed by the EEL Selection Committee.

Lillian Banks, representing CCPR, commented on access to EEL properties, amount of land under the EEL Program, mitigated land, bringing the EEL Program under the Park and Recreation Department, auditing the EEL Program, and long-term management funding.

Mary Todd, representing Sierra Club, requested future manuals be made available for review; compared the "Cook" and "Jenkins" versions of the manual; and expressed support for the "Cook" version.

Randy Parkinson, representing the Environmentally Endangered Lands Committee, urged the Board to approve the manual; and recommended staff be directed to begin developing site specific management plans.

Murray Hann spoke in support of allowing some passive recreation on EEL properties.

Commissioner Scarborough advised of the impact of bicycle traffic on wildlife at the National Wildlife Refuge.

Martin Lamb spoke in support of access to EEL properties, and against the endowment fund as it was not part of the referendum.

Chairman O'Brien advised taking care of the property was part of the referendum.

Diane Stees, representing Indian River Audubon Society, advised she served on the Committee that developed the manual which was approved in April and May, 1997; and commented on the lack of validity of the allegations concerning the Valkaria timbering. She commented on the various versions of the manual; and expressed support for the endowment. She advised of the legal responsibility to protect the EEL properties. She recommended the County get a sound management plan in place, hire competent experienced staff to insure the EEL Program remains successful, and adopt a manual that reflects the intent of the referendum.

Julie Harrison, representing Partnership for a Sustainable Future, recommended the manual recognize need to minimize risk for adverse effects to natural resources as a result of public use or functional encroachment, and that each property is part of a network. She emphasized the need for adequate staffing, an endowment fund, and a volunteer coordinator.

Priscilla Griffith, representing League of Women Voters, expressed support for the original manual because it is the only one that fully meets the League's position on the stewardship of land. She stated the League would also be able to support a version of the manual which satisfies the criteria described in Ms. Harrison's statement.

Tibby Parker, representing Melbourne Village, advised of public interest and support for the EEL Program; and recommended moving forward with a sound management manual using the Jenkins version with inclusion of the comments from the Selection Committee and Commissioner Cook. She suggested referring the comments of the municipalities to staff to be used for evaluation of a site by site management plan.

Margaret Hames, member of the EEL Selection Committee, expressed support for the proposal for a funding source; and recommended the Board adopt a manual so the properties can be developed and opened for appropriate passive education and environmental education. She explained the difference in land management for environmental purposes as opposed to land management lands for Parks and Recreation; and commented on mitigation.

The meeting recessed at 11:27 a.m. and reconvened at 11:46 a.m.

County Manager Tom Jenkins stated nothing his office did was intended to be critical of the version of the manual drafted by the EEL Selection Committee; the last time the Board addressed the issue only one Commissioner had the opportunity to provide input; and the other Commissioners as well as the municipalities were to provide additional comments. He stated the Jenkins version was intended to be a more streamlined version of the information contained in the Selection Committee version; there was an effort to eliminate redundancy; but the intent was to sustain every major principle of the original version, and the intent was to make the final version more customer friendly. He explained why some of Commissioner Cook's comments were inadvertently omitted. He stated he has a responsibility and the authority to advise the Board on various issues; the Board has the right to accept or reject the recommendations; and outlined the revision and review process of the draft manual.

Commissioner Cook stated the recommendations from staff should have been on the original Agenda item; and he would hate to see this as a course of action of future items. He expressed support for the original document with the changes made at the last meeting. He stated he does not object to the addition suggested by Ms. Griffith although it is redundant. He stated the Board needs to look at the financing and whether to put the EEL Program under the Parks and Recreation Department.

Chairman O'Brien inquired if Commissioner Cook is willing to move forward with the County Manager's document with addition of his previous comments and the one correction. Commissioner Cook stated his problem with the County Manager's plan is that it does not delineate the duties and responsibilities of the EEL Program; the other version was more specific; and he would prefer to move forward with his version.

Commissioner Voltz advised the version she reviewed was Mr. Jenkins' version; and her comments relate to that version. Commissioner Cook expressed concern about staff recommending a version to work from because it is a policy decision; and recommended using the Committee's version as a template. Commissioner Voltz noted Commissioner Cook is the only one who had any input; and as all of her recommended changes were directed to Mr. Jenkins' version, she is not prepared to do anything today. Commissioner Higgs stated she can work from the Committee's draft as amended or Mr. Jenkins' version incorporating the Commissioners' recommendations; and recommended the Board adopt a manual and make the critical decisions.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to work from the Selection Committee's draft of the sanctuary management manual as amended by the Board.

Commissioner Scarborough inquired about Commissioner Voltz's concerns. Discussion ensued on

which version of the manual to work from, incorporating ideas of other Commissioners, and need to make a decision.

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

Commissioner Higgs recommended page 4, Section 1.2.4, include "integrate education programs with schools, colleges and universities." She stated there may be private or parochial schools and pre-schools which wish to be part of the education program.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to revise page 4, Section 1.2.4 to include "integrate education programs with schools, colleges and universities."

Commissioner Voltz expressed concern about forcing the curriculum on the public school system. Dr. DeFreese advised Commissioner Voltz provided effective language, "to make educational programs available to the Brevard County School system"; and noted the language suggested by Commissioner Higgs can be added.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to amend the motion to revise page 4, Section 1.2.4, to include "to make educational programs available to the Brevard County schools, colleges and universities." Motion carried and ordered unanimously.

Commissioner Higgs stated the language regarding category 3 sanctuaries on page 19 should be changed to allow more varied use; and suggested "specific areas within category 3 may be designated as conservation and research areas with limited access." Discussion ensued on public access, and meaning of word "sanctuary."

Dr. DeFreese stated if a specific name is not locked in, then it will allow opportunity to address certain sites differently; and advised the issue of hunting on some sites is going to come to the Board. He stated it could be called the natural area network; and other names may be more applicable to the kinds of uses within the three categories.

Commissioner Cook expressed support for limited access in category 3 areas. Commissioner Higgs reiterated, "specific areas within the category 3 sites may be designated as conservation and research areas, and may have limited access, and public access will be allowed by special use permits." Commissioner Cook stated the special use permits should come back to the Board and be site specific; and category 3 areas are the most sensitive lands. He suggested, "public access areas will be controlled at category 3 sites through the use of site design decisions, and capital improvements such as limited trail networks, scenic overlooks, elevated boardwalks, etc." He stated even on the more sensitive sites there should be some mechanism to permit the public to see the land; and advised of the overlook on Holiday Springs Boulevard. Commissioner Higgs stated even in the category 3 sites, the Board is assuming some limited access, at least visual access. Commissioner Cook stated permits should be done as part of the site design decision; and the Board needs to know if a site is not going to be accessible. Discussion ensued on the wording, and process for individual site management plans.

Commissioner Higgs stated the Board can deal with the language when it considers the individual plans. She expressed concern about language on page 18 of Mr. Jenkins' version which deals with establishing relationships with colleges and universities. Dr. DeFreese stated it is hoped the colleges and universities will have internship programs which can serve as a source of unpaid staff for the program. Commissioner Higgs inquired if all relationships would have to be approved by the Board. Dr. DeFreese responded affirmatively; and advised of language suggested by Commissioner Voltz. He stated once the Board makes its final modifications, a copy will be sent to each of the Commissioners to insure all issues have been addressed; and only when all Commissioners are satisfied with the changes, will staff move forward. Commissioner Higgs expressed desire to finalize the manual today; and suggested any Commissioner can bring it back for amendment. Dr. DeFreese advised staff can check with each Commissioner individually before signature to insure nothing has been forgotten. Commissioner Higgs stated several of Commissioner Voltz's recommendations dealt with formal relationships; and as long as they have to be approved by the Board, that takes care of that issue.

Commissioner Scarborough advised of a meeting where schools and colleges were represented; and stated it is important to look at the document as something that can be revised as new relationships come into being.

Chairman O'Brien expressed support for a living document which is open to change; and advised of educational impact. He inquired if Commissioner Cook's changes are all included; with Commissioner Cook responding they are all incorporated in the Selection Committee's version as amended.

Commissioner Voltz expressed concern having an appointed body managing public financial assets; stated staff is capable of managing the properties; recommended the Selection Committee remain an advisory committee; and advised she also does not support a citizens advisory committee. She read aloud current language, "site improvements shall be located and planned based on program objectives and site specific management plans"; and recommended those be approved by the Board. She advised the Board should have ultimate say for partnerships. Commissioner Higgs inquired if Commissioner Voltz is saying that it should be clearly delineated in the manual that any financial partnerships should be approved by the Board; with Commissioner Voltz responding affirmatively. Commissioner Higgs stated that is the process; and there is no problem including that. Commissioner Higgs inquired if management plans will come back to the Board once they are recommended by staff and the Selection Committee; with Dr. DeFreese responding affirmatively.

Commissioner Cook stated all formal agreements will come to the Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to insert proper language in the manual to reflect that financial partnerships should be approved by the Board and management plans will come to the Board once recommended by staff and the Selection Committee. Motion carried and ordered unanimously.

Commissioner Voltz stated in several places it references "best available data"; and recommended it be changed to "most accurate data." Commissioner Cook stated there is a disclaimer on page 24 which may address Commissioner Voltz's concerns. Commissioner Higgs stated she has no problem with "most accurate." Dr. DeFreese advised either term can apply.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to replace the term "best available data" with "most accurate data." Motion carried and ordered unanimously.

Commissioner Voltz stated Section 3, Management Plan Development, indicates staff is responsible for insuring that the site specific management plans are implemented in a responsible and timely fashion; and suggested adding "as funds are available."

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to include "as funds are available" in Section 3, Management Plan Development. Motion carried and ordered unanimously.

Commissioner Voltz expressed concern about the longevity of the CARL program; and suggested adding a recreational category; with Dr. DeFreese advising the best place to add that is Factors Influencing Management.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to add a recreational category under Factors Influencing Management. Motion carried and ordered unanimously.

Commissioner Voltz read aloud from Paragraph 4.2.2 concerning category 2 sites; and inquired about limiting ADA access.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to amend Paragraph 4.2.2 to "these sites are to be open to public access during daylight hours, and will have legal ADA access."

Chairman O'Brien expressed concern about cost to provide ADA access in the future. Commissioner Scarborough advised all it is saying is it will comply with the law.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Voltz recommended changing "shall" to "should" in Appendix A.1. Commissioner Higgs stated the principles are so broad that "shall" will not create a problem. Discussion ensued on "shall" and "should." Assistant County Attorney Eden Bentley advised of the difference between "shall" and "should"; and stated it would be difficult to enforce any specific action as a result of the use of the word "shall." She stated it is broad and leaves a lot of policy decisions; however, if it becomes a problem, the Board can change the management plan. Discussion resumed on "shall" and "should." Commissioner Cook inquired if there is anything that would create a problem regarding access; with Dr. DeFreese responding no, as it is a general management framework with no specific performance criteria.

Commissioner Voltz read aloud Principle 1; and suggested it be changed to "management recommendations."

Motion by Commissioner Voltz, seconded by Commissioner Cook, to change Principle 1 to "management recommendations." Motion carried and ordered unanimously.

Commissioner Voltz recommended Principle 2 be changed to "resource recommendations." Commissioner Higgs noted staff will be making decisions regarding management plans and daily activities; and expressed concern about changing everything to recommendations. Commissioner Voltz expressed concern about staff making decisions that may cost the County money in the long run; and stated if staff makes recommendations, they will have to come back to the Board.

Commissioner Cook inquired about "maintain all sites in a natural state", and if that can be possible if education centers and trails are being put in; with Dr. DeFreese agreeing. Discussion ensued on "natural state." Dr. DeFreese advised the recommendation is to site improvements in disturbed lands; "natural state" refers to maintaining natural areas in their natural condition; and staff will not recommend major capital improvements on environmentally significant natural communities. Commissioner Cook expressed concern about misinterpretation.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to change the language to "maintain all sites in natural state, and/or restore sites to enhance natural resource values pursuant to management plans approved by the Board of County Commissioners." Motion carried and ordered unanimously.

Commissioner Voltz recommended it be specifically stated that staff is managing the EEL Program; with Commissioner Higgs advising page 1 of the Committee draft delineates that. Chairman O'Brien read aloud from the draft. Discussion ensued on management of the EEL Program.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to revise Principle 2.b to "manage and monitor total impacts on ecosystems." Motion carried and ordered unanimously.

Commissioner Voltz inquired under Principle 8, how staffing will be done. Commissioner Cook stated additional personnel would be a budgetary matter. Commissioner Voltz noted the Board has not taken action to put the program under Parks and Recreation. Chairman O'Brien advised the Board will take action today, if there is agreement.

Commissioner Higgs stated Principle 10.c gets to the issue of the financial plan which should be addressed.

Dr. DeFreese advised the Micco scrub expansion was listed as a category 2 and a category 3 site, which is confusing; and recommended it be amended to category 2.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to amend the designation of the Micco Scrub expansion from categories 2 and 3 to category 2 only. Motion carried and ordered unanimously.

Chairman O'Brien advised the proposed staff structure is shown on pages 24 and 25; and if the Board chooses to put the program under Parks and Recreation, the staff titles may need to be revised. He stated the EEL lands are public parks; and the personnel who should be looking at the properties should be biologists, and be trained in forestry and as park rangers who can deal with eco-tourists. County Manager Tom Jenkins stated approximately a year ago, the County reduced job descriptions from 400 to 50; broad, general titles were used to allow flexibility; and while working titles are given to individual positions, each position has an official budgetary title. Chairman O'Brien stated that would address his concern; and the EEL Citizen Advisory Committee will advise the park rangers on how to manage the land.

Discussion ensued on Turkey Creek Sanctuary Park Ranger, committee advising staff, function of the coordinator, current committees, criteria for park rangers, moving the EEL Program to Parks and Recreation, and leaving the EEL Program within the Office of Natural Resources.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to put the EEL Program lands under the control of the Parks and Recreation Department.

Commissioner Voltz advised she supports putting the Program under Parks and Recreation, but not the committee.

Commissioner Scarborough advised of the District 1 demands on Parks and Recreation; and expressed concern about the impact of the issues on staff. He stated he has no problem with subsequently integrating into Parks and Recreation once it is an operating program; however, he does not want to see it initiated under Parks and Recreation.

Commissioner Voltz noted South Brevard has been sidestepped in terms of recreation; with Commissioner Scarborough explaining the people of District 1 voted themselves a special millage for recreation, and the people of South Brevard could do the same.

Discussion ensued on taxes, lack of parks in South Brevard, special tax districts, transitioning to the Parks and Recreation Department, deferring to County Manager in organizational matters, and problems with construction projects.

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

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the EEL Program Sanctuary Management Manual, as amended.

Commissioner Voltz stated she does not support the title or the advisory committee.

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

Chairman O'Brien stated he supports the endowment fund for management, staff, construction, etc. for the EEL Program.

Commissioner Voltz advised she supports the endowment.

Commissioner Cook inquired how much will be put into the endowment; with Dr. DeFreese responding $13.6 million. Mr. Peffer advised the number is not specific at this point. Commissioner Cook expressed concern about tieing up the funds rather than acquiring additional sensitive properties.

Commissioner Higgs stated the endowment cuts back on the ability to buy land and provide public access now; under the referendum, there was no anticipation of a lifelong funding; and she would support option 3.

Commissioner Voltz stated it is not good management to let everyone worry about funding for management later.

Commissioner Higgs stated at the end of the referendum bonding period, the millage will drop off and at that time, the existing Board and citizens can make a determination on how to fund it.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Option 3, to fund current management with EEL Program ad valorem revenues, and consider future management funding at a later date.

Chairman O'Brien stated purchasing and management were part of the EEL referendum; advised about other possible impacts to the budget; and noted unless the Board takes a future look, it will never look at true tax relief. He stated an endowment will help to maintain the properties and hire the proper people almost in perpetuity; that is fair to the public; and to do otherwise is not really fair. Commissioner Voltz agreed.

Commissioner Scarborough expressed concern about the endowment; and stated it is taking money from people who are living today and setting it aside for people in the future so they will have lower taxes. He expressed concern that getting into an endowment mode would not be fair in the long run. Discussion ensued on the two philosophies, actions of previous Commissions, millage rate reductions, impact on future generations, losing opportunity to acquire land, making responsible decisions, additional future taxes for management, higher costs for properties in the future, no intent in referendum for endowment, irresponsible to not plan for the future, comparison to local option gas tax, and cutting non-essential programs.

Commissioner Voltz stated future residents will have the EEL properties to manage, and will have no choice. Commissioner Cook stated the people said that in 1994 when they passed the referendum. Commissioner Voltz stated the referendum referenced management, but the Board is not providing the funds for management. Commissioner Higgs advised the funds are available for management through the life of the referendum bond issue; there is a plan for the next 14 years; but the Board is not setting up something in perpetuity. Commissioner Cook stated the taxpayers in 14 years will thank the present Board for setting aside the properties.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.

DISCUSSION, RE: BOEING INCENTIVES

Assistant County Attorney Eden Bentley advised County Attorney Scott Knox inquired whether the Board would consider treating the Boeing land for a designated redevelopment area; and advised Boeing is probably looking for tax increment financing.

The Board reached consensus to consider the proposal.

The meeting recessed at 1:24 p.m. and reconvened at 2:31 p.m.

*Assistant County Attorney Eden Bentley's absence and Assistant County Attorney Katherine Harasz's presence were noted at this time.

PERSONAL APPEARANCE - KENNETH TIDWELL, RE: ANIMAL CONTROL ORDINANCE

Kenneth Tidwell advised of hazardous pit bull dogs in his neighborhood; and expressed concern about the well-being of his family. He stated the Ordinance is not clear or being enforced properly; and requested the Board revise Chapter 14 to make it more clear for Animal Control so there is no room for misinterpretation of enforcement of the law. He stated his dog has been attacked twice by the pit bull dogs within the last eight weeks; and he is afraid one of his children or his wife may be next.

Commissioner Scarborough stated there are a number of dogs with the same owner; and explained problems with identification.

John Black advised he was attacked by three dogs on August 2, 1997 while delivering a pizza; and described the attack and resulting injuries. He inquired about victims' rights; and requested more stringent laws. He advised of packs of dogs on the streets; stated fines are not effective; and expressed concern about attacks on children. He requested the Board develop laws that will protect the people from vicious dogs.

Harvey Randolph advised he saved Jill Fitzgerald during her attack; and described the dogs in question. He stated it is irresponsible for the government to not protect its citizens; and urged all citizens to do whatever is necessary to protect themselves. He stated he wants the dogs which attacked Ms. Fitzgerald to be put down; and he is upset about the situation.

Ed Haugstatter stated the problem is all over the County; advised of a problem with a dog chasing his bicycle; and stated in his neighborhood there are three dogs which run after children and adults.
Clara Gunde stated horrific instances with dogs are on the increase; more people own dogs of great size or with a propensity to commit serious, sometimes fatal, damage; and people have been killed by dogs. She stated Mrs. Fitzgerald was put in jeopardy by dogs that were previous offenders; and advised of the dogs' record. She stated the Ordinance needs strengthening; the fines need to be increased; penalties need to fall heavy on irresponsible owners; people who have animals involved in serious offenses need to pay heavy fines; and people who have animals who are involved in repeat offenses need to be denied animal ownership, if possible. She emphasized the need for more and better trained Animal Control officers for rabies control and control of animals who damage and maim; and requested the Board hold a workshop. She suggested classes be held to educate pet owners about their responsibilities; and recommended the Board address the issue of backyard breeding. She spoke in support of a differential license fee.

Commissioner Voltz inquired if a dog is more docile if spayed or neutered; with Ms. Gunde responding affirmatively.

Jay Temple advised how the attack could have been prevented in the Fitzgerald case; and requested action be taken to prevent such attacks.

Chairman O'Brien advised the Board is sorry about the attack on Mrs. Fitzgerald.

David Fitzgerald stated this is the most important issue of the day to him; there are people breeding animals in neighborhoods with no control; and his actions to correct the problem in his neighborhood were futile. He stated people should be able to go jogging, walking, and ride bicycles without fearing dogs; and recommended tougher fines, Animal Control training to recognize dangerous dogs, kennel laws, and one-bite laws. He stated there have been other attacks; and he will not allow his wife to jog anymore without carrying a gun. He stated the dogs have more rights than the people; and he hopes the Board can change it.

Commissioner Scarborough advised of other attacks by pit bulls, difficulties in identifying dogs, and rights to own an animal; and stated the Board needs to revisit this issue. He noted staff is already working on the issue.

Chairman O'Brien stated many of the Commissioners were not aware of the seriousness of the problem, but now the Board will take appropriate action within the limits of the law. He requested the Board require proof of insurance if a dog bites or not allow the owner to have animals.

Commissioner Higgs inquired about the incident in Palm Bay. Assistant Housing and Human Services Director Jasper Trigg advised in May, 1997, a bicyclist was attacked by three of the dogs, but there were problems with identification, and the animals were cited for being at large. Commissioner Higgs inquired if the County can deny ownership of animals; with Mr. Trigg responding he will look into it. Assistant County Attorney Katherine Harasz advised of the provisions of the Florida Statutes; and stated the remedy in the Statutes is to remove the particular animal, and does not address how the owner has maintained the animal, although restrictions are placed on ownership of dogs which have been labeled dangerous. She advised Indian River County requires an additional insurance liability policy when a dog bites; it is assessing administrative costs associated with investigating and appealing these matters; and outlined the fiscal impact to owners. She stated Indian River County has not declared a dog dangerous in some time because when faced with the high costs, owners give up their dogs. She stated as far as prohibiting someone from owning an animal, the Board could approach it on a case-by-case basis, and present a case showing it to be a public nuisance; but it would be necessary to show extreme circumstances to get an injunction, unless there is an Ordinance in place with specific criteria. Commissioner Higgs inquired if the County is at the maximum for fines under Florida Statutes; with Mr. Trigg responding yes. Ms. Harasz outlined various fines. Commissioner Higgs stated the Board can address the issue through the fines quickly or address it as Ms. Gunde has suggested.

Commissioner Voltz inquired what happens currently if a dog bites someone; with Mr. Trigg explaining the process for determination of a hazardous dog. Commissioner Voltz inquired where is the dog during the process; with Mr. Trigg responding it is impounded. Commissioner Voltz inquired about a one-bite law; with Mr. Trigg responding the County does not have anything that provides that type of decision. Commissioner Voltz stated fines and penalties will not bring back a human life or remove a scar; children can be taken from families but there is no way to take away a dog; and the County can lobby to change the Florida Statutes to protect the citizens. She stated insurance will not be a solution; and recommended tougher restrictions.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to direct staff to bring back a rate resolution increasing the fines, and draft an ordinance amending the Animal Control Ordinance including the items addressed at today's meeting.

Commissioner Cook recommended something be included in the Legislative Package to address the issue.

Commissioner Scarborough stated unless this is defined to affect the owner instead of the dog, it will not go to the heart of the problem; increasing the fines will not answer Mr. Tidwell's concerns; and requested staff research the Board's capacity to go against the owner for removal of the dog and levy fines regardless of which dog, owned by the same owner, bites.

Discussion ensued on fining owners, expediting the resolution, and addressing the ordinance.

Commissioner Higgs advised she is willing to look at limiting the number of dogs per household in the unincorporated area of the County, but each municipality has its own laws.

Commissioner Cook amended the motion to include looking at limiting the number of dogs per household.

Chairman O'Brien called for the vote on the motion, as amended. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to develop amendments to the Animal Control Ordinance based on the discussion at today's meeting, and report back to the Board on the legality of some of the proposed items. Motion carried and ordered unanimously.

Commissioner Higgs requested the County Manager research the possibility of staff training on animal psychology and other issues, and report to the Board.

Discussion ensued on staffing levels for Animal Control, vacant Animal Control positions, funding of Animal Control, problems with wild and domestic animals, impact of additional personnel on services; and the one-bite law.

Ms. Gunde commented on the one-bite law, the need for human interpretation of bites, not using the one-bite law for breed discrimination, and problems with Animal Control staffing.

Commissioner Cook stated Animal Control has the support of the Board; there was no request for additional funds this year; and inquired if there are certain breeds that tend to be more dangerous. Ms. Gunde responded bigger dogs have greater capability to inflict damage, and certain breeds carry a heavier prey instinct than others. Commissioner Cook stated some breeds tend to be more aggressive and more violent; and inquired if the Board can look at them individually. Ms. Harasz advised the Florida Statutes allow local governments to adopt ordinances which are stricter than those set forth in the Florida Statutes; but Chapter 767.14 specifically states that local governments shall not have regulations specific to breed. Ms. Gunde stated a lot of big dogs are owned by people who have a general disregard for the law; fines are relative to who they are being inflicted upon; and a workshop will allow the Board to develop something good and give Animal Control the help it needs.

Discussion ensued on the one-bite law.

*Assistant County Attorney Katherine Harasz's absence and Assistant County Attorney Eden Bentley's presence were noted at this time.

ADDITIONAL INFORMATION AND STAFF RESPONSES, RE: P.A. AND E.M. CUNNINGHAM ABEYANCE OF CODE ENFORCEMENT ACTIONS ON CASE 97-0835

County Manager Tom Jenkins advised the Item is being withdrawn as it was impossible to arrive at a solution.

REQUEST TO REDUCE SPECIAL MASTER PENALTY, RE: JASON H. VELTEN

Chairman O'Brien stated the Special Master recommends a reduction in fine to $810.

Motion by Commissioner Cook, to reduce the amount of the Special Master lien on property located at 6310 Depot Avenue, Cocoa, as requested by Jason H. Velten.

Commissioner Voltz stated the cost incurred was only $405. Chairman O'Brien advised the remainder is punitive.

Mary Anne Stephens, representing her father William Stephens, stated Jason Velten is a potential buyer; and explained how individuals took advantage of her elderly father for over ten years. She advised all work will be completed within 30 days.

Discussion ensued on financial hardship of owner, and the original fine.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve reduction of Special Master lien on property located at 6310 Depot Avenue, Cocoa, from $45,750 to $405, and execute Reduction of Administrative Fine. Motion carried and ordered unanimously.

REQUEST TO REDUCE CODE BOARD PENALTY, RE: DOREEN PRINCE

Doreen Prince submitted photographs of the property. She stated she bought the property because she lives across the street; the properties are 50-foot wide lots; and the property was a public nuisance and a fire hazard. She outlined her efforts to clean up the property and the benefits to the County and neighborhood.

Chairman O'Brien inquired who Ms. Prince purchased the property from; with Ms. Prince responding a grantor from the State. She explained how the purchase was made and the condition of the property. Chairman O'Brien inquired who Ms. Prince paid for the property; with Ms. Prince responding the State of Florida. Chairman O'Brien stated the State did not pay off the lien; with Ms. Prince advising it was in the contract that she would bring the property into compliance.

Discussion ensued on inability to collect liens, and involvement of the State.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of request of Doreen Prince for reduction of Code Board penalty to October 7, 1997, and direct the County Manager to report on the County's chances of recovery from the State.

Commissioner Scarborough requested Ms. Prince provide copies of the closing papers to the Board. Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Chairman O'Brien stated Boeing is asking what assistance the County can provide regarding mitigation for scrub impacts and/or wetland impacts.

Environmental Services Administrator Stephen Peffer stated the County can provide maps where impact areas may be, field support to the team to identify jurisdictional wetlands and scrub habitats, and help determine if scrub jays are on the property. He stated staff can also identify suitable off-site locations for mitigation and accept property as a donation; but the Board will need to make the decision whether the County should be involved in the purchase of mitigation properties.

Commissioner Cook inquired if the County has current sites for mitigation; with Mr. Peffer responding no, and property already in public ownership would not qualify. He noted the County has worked with property owners on improvement of mosquito impoundments for mitigation credit.

Chairman O'Brien stated staff advised him any problems with scrub jays or wetlands could be taken care of.

Commissioner Scarborough stated it is difficult to make a commitment without knowing the nature of the problem; and suggested responding that the County will work with Boeing to the extent that it can.

Discussion ensued on providing a response before 5:00 p.m., whether the property is the type that would have scrub jays, need for permit from U.S. Fish and Wildlife, wording of the response, and difficulty in getting good answers in limited time period.

Economic Development Director Greg Lugar stated Boeing believes there will be a tremendous number of suppliers and subcontractors which will need to locate in the immediate area, and once Boeing makes an announcement, real estate prices may rise; and inquired if Boeing can have an option for the rest of the calendar year for the remaining property in the County's industrial park at as low a price as possible. Mr. Jenkins stated it is not unreasonable to anticipate that Boeing does not plan to pay for the option; and Boeing wishes the County to sell the land at cost, which would allow the County to pay off its bond indebtedness to get out of the real estate. Commissioner Higgs inquired what is the property being offered at on the market today; with Mr. Lugar responding $20,000 an acre, and at cost would be approximately $15,000 per acre. Mr. Jenkins noted in large sales, the property is being offered at a lower price. Commissioner Scarborough advised previously it was suggested the property be auctioned, even at a loss; and if the County can get its money out of it and Boeing is moving in, it is not bad.

Discussion ensued on the industrial park, paying off the bonded indebtedness, inability to recover General Fund dollars spent on bond payments, holding the property for three months at current price, consequences if Boeing does not come in, ability to cut losses on bad investment, no fee for option, who will use the property, commitment to sell to suppliers at $15,000 per acre, utilization within an 18-month period, reverter clause, and value tied to Boeing coming.

Assistant County Attorney Eden Bentley stated real estate contracts have to be in writing and require certain specifics; and Boeing would only be looking for a general commitment at this time, which will be followed up by an option contract.

The meeting recessed at 4:05 p.m. and reconvened at 4:19 p.m.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Stephen Peffer's recommendations regarding assisting Boeing with mitigation and scrub habitat issues. Motion carried and ordered unanimously.

Chairman O'Brien stated the Board approved Parks and Recreation to be the managers of the land for the EEL projects; and clarified the intent was for land acquisition to stay with the Office of Natural Resources.

County Manager Tom Jenkins advised Dr. DeFreese will have to supervise all of it; and it would have to be all or nothing. He advised the whole unit will have to move to Parks and Recreation; with the Board reaching consensus to approve that move.

Commissioner Scarborough stated the only thing that will give the property in the industrial park value in the near future is Boeing coming there; and suggested using the industrial park as a catalyst for development.

Commissioner Cook expressed concern about an insider deal.

Discussion ensued on the industrial park property.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve offering Boeing an option at no cost to the end of the year on property in the Industrial Park at $15,000 per acre, for use by Boeing suppliers and subcontractors. Motion carried and ordered; Commissioner Higgs voted nay.

REQUEST FOR PARTIAL RELEASE OF LIEN, RE: MOLLY ZUDELL

Commissioner Voltz inquired about the amount of the fine; with Chairman O'Brien advising the violations have not been corrected, and a fine of $16,500 has accrued since August, 1997. County Manager Tom Jenkins stated liens were placed on multiple properties; and the recommendation is to release the property not directly in violation.

Interim Code Enforcement Manager Roger Lyles advised the property is within the City of Titusville, and was attached to a lien filed by the County on property in the unincorporated area.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve partial release of lien on property at 3045 Sir Hamilton Circle, Titusville, as requested by Molly Zudell.

Chairman O'Brien expressed concern about releasing the lien. County Manager Tom Jenkins advised the original owner has passed away, and that is why he is no longer a party to it.

Discussion ensued on liens being against property not people, recouping money for the County, who profits when liens are released, whether the County should be placing liens on properties that are not in violation in order to recover a fine for a property that is in violation, and consistency of the Board's policy in excusing liens.

Commissioner Voltz advised of her personal experience placing a lien; and stated she would not want her lien erased.

Commissioner Scarborough inquired about placing liens on properties in the incorporated areas along with properties in the unincorporated areas. Assistant County Attorney Eden Bentley advised if the Ordinance provides that the County can lien the property, it does not matter if it is incorporated or unincorporated. Commissioner Higgs stated if others can recover based on other properties, the County should recover.

Commissioner Scarborough withdrew his motion.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to deny the request of Molly Zudell for partial release of lien on property at 3045 Sir Hamilton Circle, Titusville. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: CONTINUING ENGINEERING CONSULTANT SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize Request for Proposals for five engineering consulting firms to perform stormwater related tasks; and appoint a Selection Committee comprised of Gordon England, Peggy Busacca, Ed Washburn and Ronald Jones or their designees. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to not appoint a Commissioner to serve on the Selection Committee for continued engineering consultant services. Motion carried and ordered unanimously.

RESOLUTION AND PERMISSION TO ADVERTISE PUBLIC MEETINGS, RE: ESTABLISHING COMMUNITY ACTION AGENCY ADVISORY COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution combining the Community Action Agency, Community Based Organization, and Community Development Block Grant Advisory Committees into one Advisory Committee meeting the requirements of all three programs. Motion carried and ordered unanimously.

AUTHORIZE EXECUTION, RE: CIRCUIT CONFLICT ATTORNEY AGREEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreements with Valerie F. Brown, Joseph D'Achille, Tony Hernandez III, Kenneth Studstill, Suzanne J. Taylor, Ernest L. Chang, Judith L, Kinney, Arthur J. Kutsche, Alan H. Landman, Douglas D. Marks and Kenneth N. Weaver, Jr. for legal representation of indigents in conflict criminal and juvenile court proceedings. Motion carried and ordered unanimously.

AGREEMENT WITH DELTA DENTAL, RE: EMPLOYEE DENTAL PLANS

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Chairman to execute an Agreement with Delta Dental as the successful vendor for the County's fully-insured indemnity dental plan and fully-insured prepaid (DMO) plans. Motion carried and ordered unanimously.

PERMISSION TO ISSUE, RE: OPEN PURCHASE ORDERS EXCEEDING $35,000 TO VENDORS OF RECORD

Motion by Commissioner Higgs, seconded Commissioner Voltz, to approve purchase of items from original equipment manufacturers, State and General Services Administration contracts, or local government cooperative agreements; approve issuance of purchase orders or execution of contracts, exceeding $35,000, to various vendors; and approve competitive action, as applicable, in the event of unforeseen changes to the vendor list. Motion carried and ordered unanimously.

APPROVAL, RE: STANDARDIZED PURCHASING OF ROAD AND BRIDGE EQUIPMENT

Commissioner Cook stated this goes back to Road and Bridge purchasing the same brand of grader; it is impossible to get a competitive bid on certain brands; and expressed concern about cost/benefit in going to the same vendor time and time again. He stated the Board needs to decide how important it is to have all the equipment standardized.

Chairman O'Brien advised how the GSA list is developed; and stated the list reflects the lowest prices offered anyone.

Commissioner Cook advised the County will get more competitive pricing if it does not standardize and go to one vendor. Commissioner Voltz noted the advantages of standardized equipment include interchangeable parts. Public Works Director Henry Minneboo advised of the importance of prompt service at all times; stated staff has constantly tried to find the best price, and is familiar with the current equipment; and noted in 1989 staff sold a 1961 Caterpillar grader for $4,000 more than was paid for it. He explained the problem with having different brands of equipment. Commissioner Cook stated there will be small variations, but if someone can drive a truck, they can drive any truck; and inquired what is the point of standardizing for three years. Mr. Minneboo stated if it can be standardized for three years, the Board will have an opportunity to revisit the issue; and if the County is not happy, it can go to something different. Commissioner Cook stated at this time, the Board addresses it on a yearly basis. Mr. Minneboo stated three years is suitable to get a track record on equipment; and advised of changes in equipment. Commissioner Cook inquired about the minimum amount of bids; with Mr. Minneboo advising he checks with other counties to insure prices are in line. Commissioner Cook suggested including a provision that all bids will be checked against the same equipment sold to surrounding counties. Mr. Minneboo agreed to include that provision. Commissioner Cook inquired why this cannot be done on a yearly basis; with Mr. Minneboo responding it takes three years to analyze the equipment.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve standardized purchasing for Road and Bridge equipment, as listed, with the understanding that State Contract and/or General Services Administration pricing will be sought first, and in the event such pricing is not available for equipment noted, bids will be sought specific to the equipment, with intent of purchasing from the low bidder; approve renewal period in association with the equipment list and concept of standardized purchasing of three years for vendors other than those the County currently has; and direct that all prices be checked against the same equipment sold to surrounding counties. Motion carried and ordered unanimously.

APPROVAL, RE: AMBULANCE BAD DEBT WRITE-OFF

Commissioner Voltz inquired if the County will continue to go after the funds; with County Manager Tom Jenkins responding affirmatively.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve write-off of uncollectible ambulance accounts receivable as identified by Emergency Medical Services. Motion carried and ordered unanimously.

AGREEMENT WITH VIETNAM VETERANS OF BREVARD, INC., RE: TRANSITIONAL SHELTER SERVICES

Commissioner Higgs expressed concern with the performance standards and measurability in the contracts; and requested the Board execute the contracts for 60 or 90 days, direct staff to work with the providers to get measurable outcomes so the product can be monitored effectively, and bring them back to the Board.

Commissioner Voltz inquired if the County stipulates the money cannot be used for administration; with Bob Lambert responding each contract has a line item breakdown for what it is meant to be spent on.

Commissioner Cook stated some things are not measurable and it will not be possible to get a hard figure. Commissioner Higgs stated some are difficult, but a better job can be done to make monitoring easier.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Vietnam Veterans of Brevard, Inc. for transitional shelter services for 90 days; and direct staff to work with the Agency on performance standards and report back to the Board. Motion carried and ordered unanimously.

AGREEMENT WITH PREVENT OF BREVARD, INC. (ROBIN'S NEST), RE: SUBSTANCE ABUSE RECOVERY SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Prevent of Brevard, Inc. (Robin's Nest) for provision of a substance abuse recovery home for women and their children for 90 days; and direct staff to work with the Agency on performance standards and report back to the Board. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-HALL, INC., RE: ALCOHOL AND DRUG OUTREACH

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Alco-Hall, Inc. for provision of an alcohol and drug outreach program for 90 days; and direct staff to work with the Agency on performance standards and report back to the Board. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-REST, INC., RE: ALCOHOL AND SUBSTANCE ABUSE RECOVERY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Alco-Rest, Inc. for provision of an alcohol/substance abuse recovery program for low and moderate income persons for 90 days; and direct staff to work with the Agency on performance standards and report back to the Board. Motion carried and ordered unanimously.

AGREEMENT WITH CENTER FOR DRUG FREE LIVING, INC., RE: ALCOHOL AND SUBSTANCE ABUSE OUTREACH

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Center for Drug Free Living, Inc. for provision of alcohol/substance abuse outreach program for low and moderate income persons for 90 days; and direct staff to work with the Agency on performance standards and report back to the Board. Motion carried and ordered unanimously.

AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC., RE: SUBSIDIZED CHILD CARE SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Child Care Association of Brevard County, Inc. to subsidize Child Day Care Services for 90 days; and direct staff to work with the Agency on performance standards and report back to the Board. Motion carried and ordered unanimously.

AGREEMENT WITH NATIONAL TECHNICAL ASSOCIATION, INC. (PROJECT STAR), RE: WEST COCOA AREA TECHNICAL AND EDUCATIONAL PROGRAMS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with National Technical Association, Inc. (Project Star) for provision of technical and other educational activities at the Cocoa West Community Center for 90 days; and direct staff to work with the Agency on performance standards and report back to the Board. Motion carried and ordered unanimously.

AGREEMENT WITH CENTRAL BREVARD SHARING CENTER, INC., RE: EMERGENCY PRESCRIPTION SERVICE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Central Brevard Sharing Center, Inc. for provision of funds for emergency prescription for 90 days; and direct staff to work with the Agency on performance standards and report back to the Board. Motion carried and ordered unanimously.

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

Commissioner Voltz noted a discrepancy in the amounts shown on the Agenda Report.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Brevard County Medical Society, Inc. for the We Care Program from October 1, 1997 through September 30, 1998, with Brevard County responsible for up to $25,000 annually. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: ANIMAL SHELTER SERVICES FOR NORTH BREVARD COUNTY

Commissioner Scarborough expressed concern about issues brought forth in a letter dated September 22, 1997.

Assistant Housing and Human Services Director Jasper Trigg advised at the direction of the Board, an RFP was generated for animal shelter services in North Brevard, and there were negotiations to extend the current contract from October 1 through December 31, 1997. He stated it will be December before the RFP process can be finalized, but the North Brevard SPCA has indicated if it cannot receive an additional $5,000, it will vacate the premises and no longer provide shelter services. He stated staff indicated the budget will not permit an additional $5,000; and a letter received on September 22, 1997 indicated the North Brevard SPCA will vacate the premises on September 30, 1997, and that an inventory is being done to ascertain what the SPCA will take.

Commissioner Scarborough inquired if the County has an inventory; with Mr. Trigg responding affirmatively. Commissioner Scarborough inquired if the SPCA is going to respond to the RFP; with Mr. Trigg responding it has not made a decision yet. Mr. Trigg outlined the other options are for Animal Control to transport animals to the Central or South Shelter, which would create overcrowding and be inconvenient to the citizens, or for another organization to provide the shelter services from October 1 through December 31, 1997. He noted another organization has offered to provide those services.

Commissioner Scarborough inquired if Ms. Gunde's group will respond to the RFP; with Clara Gunde responding the Humane Society board is meeting this evening, and she has been instructed to develop a plan to address the issue. She stated she is surprised by the SPCA taking this approach with short notice; but the Humane Society will respond to be there for the animals and citizens of North Brevard. She noted it may be necessary for the County to help the Humane Society with the initial investment as the SPCA is taking everything. Commissioner Scarborough distributed lists of the items the SPCA intends to take. Ms. Gunde stated the Humane Society can duplicate some of the things being removed; but when the Humane Society took over the South Shelter, the County extended the subsidy for several months to prepare the shelter for animal care. She stated all the stainless steel cages and feeding dishes are being removed. Commissioner Voltz inquired if the SPCA is taking the dogs; with Ms. Gunde responding they are taking the adoptable dogs, but leaving the strays and quarantined animals. She advised the Humane Society will be asking for assistance from the North Brevard citizens and veterinarians, and it will be answering the crisis situation. Commissioner Scarborough suggested the Board get further clarification at the zoning meeting, as it just received the letter from the SPCA.

Commissioner Voltz inquired what the Contract says; with Housing and Human Services Director Bernice Jackson responding the Contract expires September 30, 1997.

Commissioner Scarborough suggested tabling the September 22, 1997 letter from the SPCA concerning North Brevard shelter services to September 25, 1997, to get information on whether or not the Humane Society will step in to provide shelter services, which items can legally be removed from the facility, and whether the SPCA or Humane Society intend to respond to the RFP.

Commissioner Higgs stated the Board needs to know how many of the items listed are not County property, and how much financial assistance will be needed to continue to operate the shelter responsibly. Mr. Trigg advised he will need to take a complete inventory. Commissioner Higgs expressed concern that two days are being lost; and inquired if Mr. Jenkins needs other authorization to continue. Mr. Jenkins stated staff needs two days to work with Ms. Gunde on a plan to take over the shelter services.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table consideration of the September 22, 1997 letter from the SPCA concerning North Brevard shelter services to September 25, 1997 at 5:01 p.m., to get information on whether or not the Humane Society will step in to provide shelter services, which items can legally be removed from the facility, and whether the SPCA or Humane Society intend to respond to the RFP. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise Request for Proposals for animal shelter services for North Brevard for a one-year period with the option to renew annually by consent of the County, for up to two one-year periods; and appoint a Selection Committee consisting of Jasper Trigg, Don Lusk, Bernice Jackson, a veterinarian from North Brevard, and Joellen Moore or her designee to serve as staff liaison and non-voting member.

Commissioner Voltz inquired if a North Brevard resident can be appointed to the Selection Committee. Mr. Jenkins advised the Commissioner can designate a citizen, if the Board desires. Commissioner Voltz stated she was thinking of Susan Canada who has been actively involved in the process. Commissioner Higgs expressed concern about having someone involved on the committee who has been involved in previous controversies. Commissioner Scarborough stated the issue is divided into two camps which makes it difficult to locate someone who would be considered fair; but suggested Joan Madden could serve, if she is willing to do so.

Commissioner Scarborough amended the motion to include Joan Madden on the Selection Committee; with Commissioner Voltz agreeing.

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

ACKNOWLEDGE RECEIPT OF CITY OF WEST MELBOURNE'S ORDINANCE #97-14, RE: ANNEXATION

Commissioner Voltz stated the City of West Melbourne requested annexation of a portion of the unincorporated area; part of that is being annexed now; and inquired what steps would be necessary to do the whole thing. Planner Todd Corwin stated he is not familiar with the property; and advised of the requirements and procedures for voluntary and involuntary annexation. Commissioner Voltz stated the City of West Melbourne has asked about annexing the smaller part into the City.

Commissioner Cook stated the Board could consider it if a formal request is made. Mr. Corwin stated the City of West Melbourne would have to take the initiative to annex the property; and explained how it was done through Interlocal Agreement with the City of Melbourne for an enclave of less than 10 acres.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinance No. 97-14 from the City of West Melbourne for annexation of approximately 1.9 acres of land in Section 1, Township 28 South, Range 36 East.

Chairman O'Brien inquired if the City will also accept the drainage, easements, and adjoining streets. Mr. Corwin responded this particular annexation was given to the Public Works Department which did not have any concerns about those issues; but the County Attorney's Office is working on an interlocal agreement to take care of the issues raised.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH PROGRESSIVE ACTION SOCIETY, RE: USE OF GIBSON COMMUNITY CENTER

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendment to Agreement with the Progressive Action Society, Inc. for space at Gibson Complex, extending the term of the agreement for an additional two years. Motion carried and ordered unanimously.

LIMITED RELEASE WITH CITY OF TITUSVILLE, RE: CLAIM SETTLEMENT OF SOPHIE MOSBY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Limited Release with the City of Titusville in the claim settlement of Sophie Mosby. Motion carried and ordered unanimously.

APPROVAL, RE: BAD DEBT WRITE-OFF

Commissioner Voltz inquired about the $39,000 for Parks and Recreation. Parks and Recreation Director Charles Nelson stated there were no bad checks associated with the $39,000; it was an internal transfer for salaries paid out of one Parks and Recreation fund and then charged back to the golf courses; and at that time the golf courses were not making sufficient funding to pay that. Commissioner Voltz stated she did see bad checks to Parks and Recreation; and inquired if they were incorporated into one of the other parts; with Mr. Nelson responding it was turned in on a check by check basis with specific explanations. Mr. Nelson noted the amount is lower than it has been in the past as the County has become more aggressive in collections.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve write-off of various uncollectible receivables identified by Board Departments. Motion carried and ordered unanimously.

Assistant County Attorney Katherine Harasz stated Boeing has requested the Board instruct staff today to administratively rezone the Boeing property to IU-1 and apply for a CUP for additional building height.

Commissioner Scarborough inquired is the request to start the process, noting the Board cannot take action today. Ms. Harasz advised Boeing understands that, but wishes it to be done administratively which means no fee. Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to begin the procedure to administratively rezone the Boeing property to IU-1 and apply for a CUP for additional building height. Motion carried and ordered unanimously.

Commissioner Higgs noted this does not commit the Board to anything.

PUBLIC COMMENT

James French stated the system for monitoring inter-departmental charges is antiquated; advised of his experiences with a large aerospace company; and suggested the Board request large corporations participate in a workshop on the system.

Commissioner Cook requested the County Manager look into the issue.

Commissioner Cook inquired if an analysis was done for additional fire hydrants in connection with putting in the line; with County Manager Tom Jenkins responding affirmatively.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 5:20 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
( S E A L )