MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

October 17, 1995

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 17, 1995, at 5:30 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien, District 2.

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

Chairman Higgs announced the Valkaria Airport Improvement Plan is scheduled at 6:00 p.m.

County Attorney Scott Knox advised of a letter from the City of Cocoa on the water rate issue, and that a joint meeting with the Board has been scheduled for October 27, 1995 at 7:00 p.m.

Commissioner Scarborough inquired if the City staff will come to the Government Center for the meeting; with Mr. Knox responding he will check on that.

Chairman Higgs advised the Board would have met all day on October 27, 1995, and inquired if it wants to continue at 7:00 p.m. Commissioner Cook recommended investigating another date. Chairman Higgs inquired if they meet once a month; with Mr. Knox responding he does not know, but if the Board wants to postpone it, he needs authority to waive the 30-day period.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive the 30-day requirement. Motion carried and ordered unanimously.

Commissioner Scarborough advised he received a call from Sylvester Rose inquiring if the Committee reviewing the Landscaping Ordinance must use the current Ordinance as a basis, or can

it start from scratch.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to not restrict the Landscaping Review Committee to the current Landscaping Ordinance. Motion carried and ordered unanimously.

Commissioner Scarborough advised NACo is concerned about changes in Medicaid and additional costs that may be pushed to the counties; Harry Goode is a member of the House Health Care Committee; and suggested Chairman Higgs write a letter to Representative Goode and the Chairman expressing concern about any additional costs being pushed to the counties.

Commissioner Cook stated he does not have a problem, but would like to have more information because he does not know what is being proposed. He stated part of it is a block grant.

Commissioner Scarborough suggested staff return with additional information; the report does not have to be faxed until October 24, 1995; so the Board can take action at the beginning of the meeting then fax it's position.

Commissioner Cook stated he appreciates that, and in the meantime staff will provide the Board with additional information.

Commissioner Scarborough advised they did polling and nominations, and Dr. Cerrato got more votes than anyone else.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Dr. Water Cerrato, 3561 Palmer Drive, Titusville 32780, to the North Brevard County Hospital District Board, replacing Harry Layton from October 17, 1995 through December 31, 1996. Motion carried and ordered unanimously.

Commissioner Cook advised the film makers are coming back to Rockledge to finish shooting the movie "Marvin's Room" on Tuesday; Film Commissioner Bonnie has done an excellent job getting high-rated films into Brevard County; and Marvin's Room has Robert DeNiro, Meryl Streep, Diane Keaton and a host of other stars. He stated they will be shooting a few days in Orlando; they had hoped to use the Waffle House on SR 520, but found one in Orlando instead; and Bonnie and the TDC have done an excellent job on that.

The Board expressed appreciation to Bonnie and the TDC for bringing the shooting of Marvin's Room to Brevard County.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution proclaiming November 16 through 26, 1995, as Disabled American Veterans Forget-Me-Not Week in Brevard County; and encouraging all citizens, businesses, and organizations to support this worthy effort. Motion carried and ordered unanimously.

Chairman Higgs advised she tried to get information on the pest control issue; it was a June 13, 1994 bill; and she wanted additional information on why it took so long to get to the Board. Commissioner Cook stated there was a change in personnel; and suggested pulling that item. Commissioner O'Brien inquired if the Board can pay the bill then find out what the problem was because they have waited over a year to be paid; and if it is put off again, it will be another two weeks of waiting. He stated they changed personnel at the Memorial Center and that is where the problem began; and some companies wait 90 days before they call. He suggested paying the vendor then asking staff why it was so late. Chairman Higgs instructed County Manager Tom Jenkins to provide information on why the bill for pest control was so late.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve the bills, and direct the County Manager to return with information on the pest control item. Motion carried and ordered unanimously.

Al Neal, 2440 Parklane Drive, Palm Shores, advised the ramp at Pineda and U.S. 1 drops off and did damage to his boat trailer; he is trying to get the County to pay for damage at $106; and he has been in contact with the County's Insurance Company. He stated he received a letter from the County's Insurance Company stating they put the sign up, but there was no sign when he was there; it was his first time and it was a new trailer; and the rear axle went down two feet and he could not get the trailer out and had to take the boat off and finally got the trailer out. He stated there is a slope, but then it completely cuts off; the next day he went to take pictures; they put a sign up at the end of the pier; on the sign it said the ramp ends here and had an arrow pointing down; and the sign is three feet pass the drop off and points to the end of the pier and not to the end of the concrete ramp where the problem is. He stated it is a serious problem; he talked to several people who turned their boats over there; and some day someone will get killed. He stated the sign is in the wrong place; the ramp has no slope once it gets to the water and drops completely off; and that is what caused his problem. He requested the Board pay the $106 to fix his trailer. He stated he is not a big complainer, but it is a dangerous situation.

Commissioner O'Brien inquired if Mr. Neal was at that ramp before, when did the accident occur, and what size was the boat; with Mr. Neal responding he was never at the ramp before, the accident occurred in June, and the boat is 18 feet. Commissioner O'Brien advised he has concerns about the County reimbursing Mr. Neal when the Insurance Company said no; the ramps are put in for public access, and the government pays for it; it is a small claim, but it will open Pandora's box; and the next time someone makes a mistake and drops a boat off the end of a ramp when they should have used due diligence, the County could be paying $75,000 rather than $106.00. Mr. Neal stated the sign is at the wrong place and not where the problem is.

Commissioner Cook inquired if the sign was not there at the time of the accident; with Risk Management Director Gerry Jacobs responding that is his understanding; it was up the day before and torn down by vandals; and it was put up the following day after Mr. Neal reported the incident. Commissioner Cook stated the County technically does not have a responsibility because the Insurance Company said if the County was not aware the sign was not up, it is not liable for it; but the fact is the sign was not up, it was the first time Mr. Neal came to that facility, and he sustained some damage to his boat trailer. He stated if the sign was up and Mr. Neal sustained damage to his trailer, he would not be sympathetic, but because the sign was not up, and it was his first time, and he sustained some damage, the Board should pay the $106.00.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to pay $106 to Al Neal, Sr. for repair of his boat trailer which was damaged at the County's boat ramp at Pineda and U.S. 1.

Commissioner Ellis advised staff needs to check the boat ramp and put the sign in the proper location and investigate what it would take to fix the ramp to get a smoother access into the river and not have a drop off. He suggested Parks and Recreation staff report back on the boat ramp and its design and where the drop off sign should be to correct the problem.

Commissioner O'Brien stated he cannot support it because the County cannot afford a daily sign patrol throughout the County; the Insurance Company has stated what the policy is; and if the Board does this, people would line up at the meetings for everything that happens. He stated one of the reasons government has stopped doing things for people is because of lawsuits on frivolous matters. He repeated previous comments on due diligence, the Insurance Company's finding, and no liability on the part of the County.

Commissioner Cook stated at some point the County has a liability; and it is not accepting responsibility but settling something because there was no sign, and work needs to be done on the boat ramp. He stated the County is always a target no matter what it does; but in this instance there was no sign and the County admits that, he did sustain damage, so out of fairness, not legal obligation, the Board should pay for the repair. Commissioner O'Brien inquired if the staff should take every sign down so they cannot say there supposed to be a sign there; with Commissioner Cook responding that does not make sense; the sign is to warn people; and the ramp has been bad for some time.

Commissioner Scarborough called a question unless there are new things to be added. Chairman Higgs called for a vote on the question. Motion carried and ordered; Commissioner O'Brien voted nay.

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

Commissioner Ellis requested information from Parks and Recreation on the ramp design and conditions out there.

Ed Tietig, 1326 Malabar Road, Palm Bay, advised the subject is equitable contribution for unpaved roads. He stated if a person needs sewer service extended to his property in order to build a home, he must pay for the extension; however, refunds are paid to him as others use the sewer line so that eventually the cost is spread equally. He stated if an owner needs extension of water lines, the same formula of advanced costs and equitable contribution follows; and if the needed service is a paved road, the Board has the ability to levy a general tax or special tax district and the result is still the same, an equitable distribution of the cost among the people benefiting. He stated inasmuch as paved roads are now denied by the County to undeveloped areas, the unpaved road becomes the only method to access property and obtain building permits; and if a paved road is put in, there is no ability for the person who put in the paved road to obtain any contribution from his neighbors. He stated the property in the Grant/Valkaria area was mostly sold from 1968 to 1972; at that time and through 1981, anyone could put a road in and get a building permit; in 1982 the problem started because the County required a road permit; and that state of affairs wiped out all the vested rights of the landowners who bought before. Mr. Tietig advised in 1988 when the Grant Drainage District enacted an ordinance that would allow equitable contribution, the County saw fit to abolish the District and voided that ordinance; and at present, they need an equitable contribution provision as was provided for in the Grant Drainage District and is successfully being followed by the Town of Malabar Road Ordinance. He stated if the cost is put only on the applicant, then he never has a chance of sharing the cost with his neighbors; the practical result is 5,000 plus lot owners in the area are denied the ability to use their property; and requested the disproportionate burden be relieved by inserting into the Unpaved Road Ordinance an equitable contribution provision. He stated the last time he was before the Board was March 7, 1995, and they debated the issue at that time; the Board referred it to the County Attorney for research of legal powers and to prepare an ordinance amendment; that went to Mr. Knox and Eden Bentley; and he talked to Ms. Bentley who reported she had done her work and it did not seem like anyone was interested in pursuing the matter again. Mr. Tietig requested the Board make the Unpaved Road Ordinance provide the cost on an equal footing with sewer and water, and let the people who directly benefit share the burden equally.

Commissioner Ellis advised the City of West Melbourne now has a cost-sharing agreement for dirt road paving; he has a letter from St. Johns River Water Management District that states, "Cape Kennedy Estates Master Drainage Plan is progressing and should be completed within the next couple of weeks." He stated that was two months ago, but he expects it to be finished soon; and one of the biggest concerns was going into an area and putting down roads without knowing where the water would go. He stated according to the District, the master drainage plan should be done before the end of the year which will give the County an idea of how to put roads in properly.

Motion by Commissioner Ellis, to direct staff to develop an ordinance providing for cost sharing for paving of unpaved roads. Motion died for lack of a second.

Commissioner Ellis stated it is done by various cities for water and sewer; Malabar and West Melbourne do it for roads; and it is the only fair and equitable way to have a road put in.

Commissioner Scarborough inquired if the motion is to have staff put something together for the Board's consideration before advertising it; with Commissioner Ellis responding the Board has to have the ordinance before going to public hearing to discuss it and take comments from the public, then decide whether to advertise for the public hearing to adopt it. Commissioner Cook inquired if it would be voluntary or mandatory; with Commissioner Ellis responding it is a mandatory approach if they use the road. He stated there is no road access to the lots, not only in Cape Kennedy Estates, but also in Canaveral Groves; if they build 7 or 8 lots in, anyone who uses the road to draw a building permit would contribute toward the cost of the road; but if they never build on the lot, then the road has given no benefit, and they would not have to pay towards the cost of the road. He stated it is cost prohibitive for one person to pay for the paving of a road and everyone else be allowed to use the road to draw building permits. He stated without the road, lots are unbuildable; and repeated the cost sharing provisions and procedures for water lines and sewer lines. Commissioner Cook inquired if they have to pay the assessment to the person who builds the road before they can build on their property; with Commissioner Ellis responding yes, because without the road they could not build on the property.

Valkaria Airport Manager Ron Henderson advised all the recommendations are from the Master Plan prepared in 1990; they have been working for seven to eight months on a plan that created heartburn for the local residents; the plan was developed to show that the County is not trying to make a commercial airport; there are improvements that need to be done; and the Advisory Board agreed with the recommendations. He stated the five recommendations are: (1) clearing of an infield area that is overgrown; (2) runway lighting; (3) promoting a tenant to build a fixed base operating facility; (4) recreational improvements to serve the public; and (5) overlay Runway 9/27. He stated it is a simple plan, and staff needs direction on where the Board wants the Airport to go.

Chairman Higgs advised Mr. Lorenc has a videotape and will use his time and Dewey Leidal's time to show the safety tape.

Curt Lorenc, 4098 Ponderosa Road, Valkaria, advised it was a community effort, and many people put pieces of the tape together to make the Board aware of some of the problems they are having at Valkaria with the Airport. The Board viewed the videotape of activities at Valkaria Airport and over the residences, including night landings, Flight School traffic, etc. and heard the noise from low-flying aircraft and model airplanes that are disturbing to the residents.

Edmond Everette, 811 Malibu Lane, Indialantic, representing the Aircraft Owners and Pilots Association (AOPA), advised he has been a pilot and supporter of aviation for 42 years, and supports the continued improvements at Valkaria Airport. He stated there are 330,000 members throughout the United States, many who are in Florida; AOPA supports all aviation but especially general aviation; and one of their prime efforts is safety. He stated the AOPA maintains a safety foundation; and it is supported financially by the Bueller Trust who are neighbors and own property abutting Valkaria Airport. He stated the AOPA believes airfields should be maintained and improved for safe conditions; there were a number of comments and publications saying the County needs to spend millions of dollars in support of 23 pilots based at Valkaria; and maybe there are only 23 pilots at Valkaria, but it is a public Airport for use by all citizens. He stated there were comments that Brevard County would not receive a cent from Valkaria Airport as far as income; that is true; any income derived from the Airport must be turned back into it in support of the deed; so that is a true statement. He inquired how much income does the Board receive from the roads in Brevard County; and stated the answer is none unless it is a toll road, but economically they would be hard pressed to get along without roads in Brevard County. He stated the country would be hard pressed to get along without airports and the economic support they give. Mr. Everette advised the aviation system must have adequate airfields to support training; the Board needs to keep the pipeline going; in the past, most of the pilots came from the military; but they are no longer coming because the military is taking in fewer and retaining them better. He stated outfits such as Embry Riddle at Daytona Beach and an outfit in Melbourne are where the pilots are coming from; they need the airports to support the pilot training; and Valkaria just happens to be one that is available for that. He stated in regard to safety, he has been operating out of Valkaria for more than 20 years; he has never known of a serious injury to anyone operating out of Valkaria, and has not heard of any injury to any local inhabitants; so Valkaria is a relatively safe airport. He stated to enhance safety, airports must be maintained and improved; runways must be in good condition; foliage should be trimmed; and although lights are not required, they enhance safety. He stated instrument approaches are economical, and along with runway lights make for safer operations; none of them envision Valkaria as a major commercial airport; it is a small public airport; and that is the way it is going to be. He stated AOPA supports the small safe public airports; to reach their goal they must continue to improve airfields like Valkaria; maintenance of runways and infields is an absolute must; and the addition of lights and instrument approaches will make the airport safer and more economically beneficial.

Ed Brostek, 681 Geneva Place, Tampa, advised he has been an instrument-rated pilot for over 25 years and flown throughout the United States; he has been to hundreds of airports large and small

during that period; in addition to having his own aircraft for the past ten years, he has flown an aircraft owned by a friend at airshows all over the country; and he can say without reservation that he has never experienced a situation such as he witnessed at the Young Eagle's Day Event on June 10, 1995 at Valkaria. He stated at that event children were offered airplane rides by local pilots; during the hour or so that he was at the field, the active runway was changed at least three times; that was in addition to erroneous runway advisories made by the Unicom operator at Cannon Aviation in response to a pilot's request for the active runway; and one such advisory resulted in aircraft landing and taking off heading directly toward each other while carrying children. He stated the wind conditions at the time were light and variable, a condition that would have permitted safe operation on any runway at the field; and there was no need to constantly change the active runway with all the safety problems such a move usually entails. Mr. Brostek advised if the above incident was not enough to indicate to him there were serious safety problems at the airport, on June 11, 1995, while driving pass the field, he observed radio-controlled model aircraft operations occurring a little too close to the airport property; that assumption was an error; the model aircraft were not just too close to the Airport, they were actually being conducted on Airport grounds in close proximity to the runway in use. He stated full-size aircraft and model aircraft cannot share the same general air space; to do so is asking for a mid-air collision; even a bird the size of a sea gull can smash through the windshield of most light planes; the reason that does not occur more often is that birds have the instinct to get out of the way; and an out of control model airplane cannot. He stated the fact that such a situation even exists indicates a lack of common sense of all those involved; runway lighting is under consideration; night operations at airports without some sort of glide slope information available to the pilot is an insurance company's worst nightmare; at night the depth perception is not as acute as during daylight hours, making it difficult to judge the angle of decent; many pilots have turned on their landing lights only to find the windshield filled with tree tops; and in his opinion, a visual approach slope indicator should be installed prior to even thinking about runway lighting. He stated that device can be utilized during daylight also to aid pilots in establishing and maintaining proper glide slope angle; the one point he is trying to establish is that Valkaria Airport seems to be poorly managed, and any changes whether called additions, improvements, enhancements, or whatever, that result in increase in operations will surely lead to disaster in the future. He stated the only reason for the good safety record is simply that the Airport activity remains at a low level; and steps must be taken to improve the level of expertise in the day-to-day management of the field before any changes that may affect the total amount of operations are considered.

Janis Walters, 4098 Ponderosa Road, Valkaria, advised Brevard County has eight airports all available for public use; night operations are more dangerous than daylight operations; runway lights are only a part of aviation aids needed to bring a plane in safely at night; the Airport Manager has said he is losing business because Valkaria has no lighted runway; however, all the hangars are occupied; he has a full waiting list for the ten new hangars, and the FBO closes at sunset so fuel is

not available at night; so she does not understand where the loss is. She stated Valkaria Airport is for recreational aviation only; there are no schedules to keep; no one is forced to fly at night; and a prudent pilot returning late would be wiser to land at Melbourne International with full facilities to handle the operation with maximum safety for all concerned. She stated runway lights should not be installed; and the added noise from night operations and the increased risk of accidents are not worth it. Ms. Walters advised Runway 9/27 has been a problem ever since it was re-activated in 1987; use of this runway puts air traffic directly over residential areas at each end of the runway; most aviation accidents take place shortly after takeoff, posing a greater than normal risk for the residents close to the end of the runway; and the noise is also the worst for those people because planes fly low over their homes as they take off and land. She stated compliance with the Airport Noise Abatement Procedures has been minimal; and as the runway is in a state of considerable disrepair, they see no reason why it should not be closed permanently, simultaneously reducing noise and risk to the residents, removing the need to cut down the infield scrub, and eliminating the safety hazard of having two intersecting runways in simultaneous operation at an uncontrolled airfield. She stated one thing that is not on the Agenda but has been passed by the VAAB is a non-precision approach which sounds harmless and does not cost the County anything; but very few pilots at Valkaria are instrument rated and capable of using it. Ms. Walters stated the flight schools would benefit most from that project; Flight Safety International trains 300 to 500 students a month; most of them go for an instrument rating; the instrument training is done in twin engine piper planes shown in the video; and they are really loud. She stated since the point of the non-precision approach exercise is to practice an approach and not necessarily to land the plane, this procedure could be done at any time of the day or night; air traffic controllers work 24 hours a day; and personally she would not want to be trying to sleep when a twin engine opens up the throttles and executes a missed approach procedure 500 feet over her house. She stated there is nothing anyone can do to keep planes from practicing approaches anytime in any weather except not having the non-precision approaches set up in the first place. She stated with one open runway and daylight only operations, the Airport can work in harmony with the community, but only if the pilots, the Airport Manager, and the VAAB make an effort to cooperate with and accommodate the needs of the people who, for the past 50 years, have had to foot the bill for the airport; and so far that has not happened. She stated she hopes the Board will follow through in its efforts to have the property deed re-issued without the federal restrictions requiring the operation of an airport, if for no other reason than to provide the County some real leverage and power to motivate the pilots to use the airport in compliance with the spirit as well as the letter of the law, and to fly safely and with consideration for those on the ground or lose the airport all together. She stated last summer they brought 860 letters bearing 1,050 signatures; the new letters are still un-counted; every signature represents a voter and every letter represents a family; and they are asking the Board as loudly and as clearly as they can, to take control of the property, take control of the existing situation, and deny the development plan.

Mark Scurrah, 1198 Bay Drive, Indian Harbour Beach, Chairman of the Valkaria Airport Advisory Board (VAAB), advised the Board has the recommendation by its VAAB to approve the improvement plan for Valkaria Airport over the next five years; it is done in compliance with County Code Section 18-61 through 18-70 which cites the duties and authority to advise and assist the Board on Valkaria Airport matters; and if the Board has any questions, he will be glad to respond.

Ralph Turnberg, 3350 Valkaria Road, Valkaria, advised he does not have a problem keeping the Airport as it is and keeping it open, but he does not support the improvements; unfortunately there is no way that a community can keep an airport the way it is; people are always wanting to do things for safety and to spend money; and for that reason he asks the Board to deny any improvements that have been suggested and say yes for local control of airport property. He stated he has lived adjacent to the airport for 16 years, and for the last few years he has had serious problems with radio controlled airplanes to the extent that they cause stress and nervous tension; they are there all weekend long, from 9:00 a.m. to 5:00 p.m. which is his time at home for rest and relaxation; and he has talked to many people, including previous Commissioners, Code Enforcement, police officers, and Mr. Henderson, and cannot get any where. He quoted Brevard County Ordinance 94-01 which has to do with noise as follows: "Whereas, noise can be a serious threat to the health, safety, and welfare of individuals living in urbanized areas; and Whereas, local government has the duty to exercise its police power to protect the health, safety and welfare of its citizens. It shall be unlawful for any person to willfully make, continue, or cause to be made or continued any loud or raucous noise, which term shall mean any sound which, because of its volume level, duration, and character, annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of reasonable persons of ordinary sensibilities, within the limits of the unincorporated Brevard County. It shall be a violation of this Chapter for any owner, lessee, or other person in charge or control of premises or a vehicle to allow or permit any loud or raucous noise to emanate from such premises or vehicle. Any loud or raucous noise made or produced from the premises or in a vehicle in which the owner, lessee, or other person in control is present, shall be presumed and deemed to be made and produced with the consent and permission of said owner, lessee, or other person in charge or control. Any owner, lessee, agent, supervisor, or other person in charge of operating, ordering, directing, or allowing the operation or maintenance of any device or machine creating a loud and raucous noise as prohibited in this Section, shall be deemed guilty of violating this Section. The term loud and raucous noise does not include noise or sound generated by the following activities on or in County and School athletic facilities, and on or in publicly-owned property and facilities, provided that such activities have been authorized by the owner of such properties or facilities or its agent." He requested the Board stop the use of the Airport by radio controlled airplanes; and stated they are in violation of the major points of the Noise Ordinance; and the only thing that is allowing them there is the Board's signature.

Jo Faden, 3750 Ponderosa Road, Valkaria, advised she does not have facts other than supporting the video that was shown; she has seen it, and it is true; and she represents the neighborhood she lives in which is the north end of Ponderosa Road. She stated they worked long and hard to establish a peaceful well-groomed neighborhood; they live directly under the landing and takeoff of Runway 9/27; and she supports what the rest of the homeowners are requesting and what VARIA is requesting that no lights be put on the runway and no paving of Runway 9/27. She stated they are happy with the airport as it is; there is no need for improvement; and there are several airports in the area. She requested, on behalf of the neighborhood directly impacted by the airport, the Board consider them when it makes its decision.

The Board watched a videotape of Robert Varley, 2323 Valkaria Road, who was unable to be at the meeting, stating he was a member of VAAB, was exposed to the aviation community's views and attitudes as well as the views and attitudes of the local homeowners; and up until the past year he was able to tolerate Valkaria Airport from the noise and disturbance viewpoint, but there has been an increase in aircraft noise, most likely due to the resurfacing of the main runway and additional traffic as a result of that. He talked about degradation of the natural buffer area that isolated the airport from the road, expansion plans that threaten the community, disturbance from the airport from noise and associated traffic from aircraft, and their fight against expansion in Valkaria. He stated

the aviation group and staff individuals are out of control, Valkaria Airport is a small country airport, expenditure of government dollars is inappropriate at the airport, hobby groups and aviation training companies would benefit from the expansion and expose the residents to daring and speed sensations, and training schools are profit making and pay no fees for using Valkaria. He indicated the Board would be pandering to a special interest group and ignoring the general public if it approves the expansion, and ignoring the general citizen who wants to live in harmony and peace; and requested the Board stop the expansion at Valkaria and get the County staff under control.

Emory Irons, 7100 Cottonwood Drive, Grant, President of Indian River Kontrol Society, advised they fly the radio controlled miniature aircraft at Valkaria; it is one of the two sites they lease from the County; they use the field for recreational events and hold pile-on events which brings people from all over the Southeast and occasionally from all over the North American continent; and he represents 190 people in Brevard County. He stated they want to go on record in support of the airport and he has a letter to give the Board with additional data.

Don Darby, 3700 Ponderosa Road, Valkaria, advised there is opposition by the community to the expansion of Valkaria Airport; they do not want airport growth even under the guise of improvements and maintenance; no one needs it; and only a special interest group wants it. He stated he attended a VAAB meeting at the invitation of John Wimpee; he had no plans to get involved or be interested, but he became very angry and dismayed to see what was going on; and credited the Board for changing the membership of the VAAB which is at least emotionally in check even though the agenda, motivation, and intent of the controlling majority has not changed. He stated there continues to be blatant disregard for the wishes of the homeowners in the Valkaria community; and it has ceased to become an issue of fighting airport noise and is a battle over sovereignty and their right to have some control over the quality of life in their community. Mr. Darby advised he was content to share his space with a small responsibly run and used airport, but it wants it all and is not concerned for the welfare of others; and what changed him from a potential airport ally into a determined adversary was that his neighbors and he have been portrayed as ignorant, paranoid, and techno-phobes who cower from the sound of the big metal birds. He stated the majority of residents are involved in some of the most advanced technologies in the country on a daily basis; many travel all over the country and world and know what they are talking about; and they are not foolish enough to confuse commercial jets and published routes with airplanes practicing and playing above the treetops. He stated the pilots said they were policing themselves; if they did, they were not successful; when they collected enough hard evidence to provoke the government to action, they experienced anger of the pilots; and they only did what the pilots claimed to be doing for themselves. He noted instead of ostracizing the guilty, they rallied around him; the residents have been treated heavy handedly by the VAAB; they put a lot of work into the plan for the airport; and their presentations were ignored and recommendations dismissed outright. He stated not one recommendation from VARIA was ever considered for inclusion in the proposal to this Board, and not one material concession came their way; the VAAB and pilots make attacks on every leader of VARIA claiming they are agitators who falsely claim to represent the community; and that happened to Joe Pivowar, Bob Varley, and John Wimpee. Mr. Darby advised even their stack of supporting letters were dismissed as incited by a mind-controlling group; and inquired what do they have to do to get their message across. He stated they do not want airport growth; as a community they are united on that; the VAAB continues to talk out of both sides of its mouth; and he is tired of hearing the phrase Valkaria International as an attempt to portray Valkaria residents as paranoid sub-intellectuals. He stated everyone knows the idea of a large Valkaria Airport is ridiculous, but the description in the Florida Aviation System Plan East Central Florida Metropolitan Area states, "Annual operations at the Valkaria Airport expected to increase significantly by the year 2010, growing from the 1990 level of 31,000 to 222,000, an increase of over 600%." He stated Mr. Henderson was on that board, and he is sure those were his words. He requested the Board reject the proposal from the VAAB if it cares for the people who elected them and for the quality of life in the County; and if it is attentive to its constituency rather than special interest groups, then he asks for denial of the proposal. He noted the recommendation was not unanimous from the VAAB.

Linn Walters, 1955 Valkaria Road, Valkaria, advised he is an airport user and tenant and served on the VAAB; the Board has the information it requested concerning several items brought to it during the recent request to close the airport; and requested the Board accept the information and reject the airport closure request as being inconsistent with the needs of the County and National Transportation System. He requested the Board also accept the safety information provided by the Airport Manager as an accurate assessment of the safety environment surrounding the airport. He stated VARIA was given the opportunity to be part of a safety committee and declined. Mr. Walters stated the Board has a proposal for five projects approved by the VAAB for implementation in the future; those projects are only a small part of 13 projects that were discussed by the VAAB; and approval of the five projects is not approval to begin construction, but approval that the projects are appropriate for the airport. He stated the Board does not have factual information on those projects, only a list of items to be pursued; and it may not support a particular project, but it should allow each project to come before the Board in the future where it can be analyzed on its own merits supported by factual information. He stated each project will be presented to the Board for approval again as funding becomes available; the projects were selected because they have minimal impact on the surrounding community yet are important for the safety of the public and prosperity of the airport; and they are maintenance, community, and safety-related items. Mr. Walters stated there are no expansion projects; funding availability, environmental concerns, and available land limit the growth and activity that can occur at the airport; maintenance of the infield is a safety item and lowers the rush height to allow visibility between the two runways; the scrub jay habitat is to be preserved; Dr. Storm Richardson, environmental consultant, said clearing out the underbrush, trees, and palmettos would enhance the scrub habitat while neglecting it will cause it to deteriorate; and repaving Runway 9/27 is a maintenance item. He stated grass is growing through the cracks on the runway; there are depressions and low spots; the FBO facility is a maintenance item; the present FBO facility is an old mobile home which does not make a good impression on the public; and a new facility would be an asset to the airport for years to come. He stated recreational areas are a community item; picnic tables and shelters could become a gathering place for airport users and the general public; and although the project will not provide income to the airport, the benefits warrant its approval. Mr. Walters stated landing lights on Runway 14/32 is a safety item; runway lights are presently approved for both Runway 9/27 and Runway 14/32 under the present Master Plan; it is felt that only lighting

Runway 14/32 would lessen the impact on the local community since the flight pattern does not overfly residences; and since there is no Federal Aviation Administration (FAA) rule that prevents a pilot from landing at an unlighted airport, runway lighting becomes a safety item for the pilot and

community. He stated pilots need the runway lights for currency requirements and Mosquito Control would be able to cut costs associated with night spraying in South County because presently it comes from Titusville. He stated they have suffered safety problems because landing lights were not available; all five projects are in the Five-Year Plan approved by the previous Board; past and present advisory boards worked towards making the airport independent of the General Fund; and this year there is a small surplus in the airport account. Mr. Walters advised there has been a lot of discussion among the VAAB, Aviation Association, and Homeowners Association; each project was examined in minute detail and found to be worthy to pursue in the near future; and tonight the Board would vote to implement a plan not a project. He requested the Board not let emotional, irrational and unsupported rhetoric prevent it from supporting the projects, and to vote for the plan.

Lisa McKasty, 3730 Third Avenue, Valkaria, advised seven years ago her family bought their home for a quiet and private atmosphere; it was a very tranquil home life to return to after a hectic day at work; and a few years ago Runway 9/27 was re-opened to air traffic, making the noise level unbearable at times. She stated the airplanes using Runway 9/27 just barely miss hitting the roof of her two-story home; that runway is not safe to use since it goes directly over people's homes; and the residents should not have to call the airport every time there is a safety violation. She stated if the County resurfaces Runway 9/27, it will make the present noise problem worst and more airplanes will use it which will increase the chance for one to crash into a home. She inquired why risk the lives of many when there is a perfectly good runway available that goes over fields and woods, Runway 14/32. Ms. McKasty stated runway lights is a scary idea; it is bad enough that residents have to fear a few bad pilots during the day, but if they are going to fly at night, the residents will not relax enough to get some sleep. She stated the airport is no longer run by a responsible person; it has been proven by him several times; he has put their lives in danger and does not seem to care; and Operation Dumbo Drop was the straw that broke the camel's back. She stated her two-year old son was seriously traumatized by it; and living there has made their family suffer greatly. She stated there is no reason why Runway 9/27 cannot be closed again; the FAA has stated closing the runway is a local decision and wind coverage is not a requirement; there would be a lot of money saved by not resurfacing and lighting it; and they could use Runway 9/27 for airplane parking that would bring in extra revenue to the airport. Ms. McKasty stated she is not in favor of constructing a new FBO building; they do not need or want commercialization of the airport; and requested the Board hear and understand their pleas and keep their small township safe and comfortable for the residents to live and grow old in. She stated they chose to live in the peaceful environment for a reason; and requested the Board not to let the airport expansion ruin it for all of them.

The meeting recessed at 7:03 p.m. and reconvened at 7:20 p.m.

Richard Adams, 797 Isar Avenue, Palm Bay, advised he is an appointee to the VAAB and has been for 18 months; he thanked Ron Henderson for the outstanding job he has done; and stated he has a video, "Flying Friendly", but will not show it tonight. He stated even though homeowners and pilots have different opinions, there are educational things they can do, such as see the video to be better informed and address things such as noise abatement, flying safer, flying friendlier, and concerns

of the local community. He noted Mr. Henderson purchased the video to make it available to the local community and pilots in the area. Mr. Adams advised he is a pilot and has been flying in and out of Valkaria for 24 years; the aviation activity is less than it was 24 years ago; and he has not seen violations there, and if he did, he would have taken action to do something about it. He stated he is concerned about development and that is why he is on the VAAB. He stated the community expressed concerns about safety, so he will read a statement from the AOPA. "In all, only nine individuals between 1976 and 1990 were killed in general aviation accidents when the airplanes fell from the air and hit buildings or residences." He stated people are concerned that airplanes will fall out of the air and hit their houses; however, over a 15-year period, only nine people died that way; and there were no fatalities or injuries to individuals on the ground as a result of general aviation, building and residence accidents. He stated aviation has a relatively safe record; during 1985 alone, there were more than 7,750 pedestrians killed by motorists on highways; more than 1,100 people lost their lives in boating accidents; and more than 900 were killed while riding bicycles. He stated in 1984, 11,600 people were killed in falls, 4,800 by fires, and 1,800 by firearms; so aviation is relatively safe. Mr. Adams advised the airport is a public trust to all citizens not just the homeowners in Valkaria and the pilots; it is their responsibility to develop it in the best interest of the County; and the five issues the VAAB gave to the Board are things they see as the greatest concerns. He stated the responsibility for developing the airport is also in the interest of public safety; in times of natural disasters the need for air transportation cannot be put totally on Melbourne Airport; the County has to develop Valkaria Airport in the best interest of all citizens; therefore, he appeals to the Board to consider the recommendations made by the VAAB and give it its best consideration.

Bill Radencic, 2900 Rocky Point Road, Malabar, advised he has lived in the area for more than 40 years, and if the Board wants to give the airport back, it should give it back to the original owners; it was in his family; the federal government paid his father-in-law $5,000 for the airport; but the County can have it, because they don't really want it. He stated he has fought this issue for years as a resident and Mayor of Malabar; the flying school was having touch and go flying over the homes continuously; and they formed a group of those affected and came up with a solution. He stated to keep control and own Valkaria Airport rather than have it go back to the FAA, the Board has to maintain it; it should trim the trees; but he would veto any plan for another building. Mr. Radencic stated the tax money that pays for the operation of the airport is a grant they say, but that is another name for tax; he wants the airport to be County property and maintained; $15,000 was suggested for nature trails at the airport; and invited all Commissioners to try it because it is beautiful. He stated children who have nothing to do could meet there on Saturday mornings and take those trails; Ms. Hames would be there explaining nature and the plants that grow there; and he still goes there in the evenings. He requested the Board use its best judgment for South Brevard and Valkaria.

Jim Hagan, 2380 Duncil Lane, Malabar, advised he is a satellite communications engineer with worldwide travel via the aviation community; he has been a resident of South Brevard for 38 years and more than familiar with Valkaria Airport; is a former Malabar Town Council member; has had a private pilot's license for 16 years; and worked at the radar site at Valkaria in the 1960's and 1970's until it was de-commissioned in 1972, so he is familiar with the Airport. He stated there have been accidents there; he witnessed one; and although it did not result in personal injury, there was considerable property damage. He stated as a pilot he has used the airport many times and found

it to be a very pleasant place to operate through and out of; however, he does not support the expansion; it has operated as a single runway airport for more than 40 years and was quite adequate; and most of the controversy would go away if Runway 9/27 is closed as it had been for 40 years. Mr. Hagan stated he is against spending tax funds because money is tight in all levels of government; there are plenty of other things they can spend tax money on; and all funds that come from government come from taxes one way or another.

Mark Cannon, 710 Spring Lake Drive, Melbourne, owner of Valkaria Aviation, formerly Cannon Aviation, a family owned and operated FBO at Valkaria Airport, advised VARIA has once again intentionally presented the public with false and misleading information to incite hysterical anti-airport support; unfortunately, many good and well-meaning citizens have taken the VARIA information at face value and joined their cause; and he wished they had the opportunity to review the data issue by issue with them, but time does not permit that. He stated the Commissioners have an opportunity to learn the facts about the airport and make judgments based on those facts; and a fact is Valkaria Airport is part of the National Air Transportation System and is an off-ramp from the airways and aerospace for general aviation traffic. He stated they cannot shut down or severely limit operations at Valkaria any more than they can stop the traffic on I-95, the railway line through the County, or the inland waterway. Mr. Cannon stated another fact is that the County is the caretaker of the airport and has done a miserable job maintaining it since taking responsibility for it in 1958; Airport Manager Mr. Henderson has been responsible for the only significant maintenance and improvement done in the past 50 years; and it was accomplished over two or three years while simultaneously reducing the dependence on County general tax funds to zero. He stated a fact is that if the airport is not properly maintained and operated, it will be taken away from the County; and another fact is not one penny of funding for improvements requested by the aviation community is required to come from taxpayers of the County; 100% of the funding is slated to come from aviation taxes and fees paid by the aviation community; so funding is a non-issue. Mr. Cannon advised operations at the airport present no undue safety hazards; however, there are many improvements that are needed to enhance the safety of aircraft operations; and those include resurfacing Runway 9/27 and taxiways, clearing out overgrown brush from the infield, installing automated weather observation system, and installing runway lighting. He stated closing Runway 9/27 will create safety problems both from a wind coverage standpoint and from a traffic separation standpoint; the airport attracts aircraft of all sizes and capabilities with and without radio communication equipment; the two runways allow for safe operation by helicopters and ultra-light and no radio aircraft on one runway during calm or light winds while the heavier and faster aircraft utilize the other runway. He stated the two runways allow for greater wind coverage during windy conditions, making operations safer for the aircraft capable of operating in significant winds; and the airport is used by hundreds of people on a weekly basis. He stated the majority of the pilots based at Valkaria and those utilizing the facility are responsible concerned citizens who wish to co-exist with the community; and the pilots also have a strong sense of civic pride, witnessed by their participation in the Adopt-A-Road Program, Angel Flight Medical Evacuation of financially disadvantaged citizens, and extreme support for the Young Eagles Program that provides educational opportunities to interested youth. He stated growth in Brevard County cannot be stopped; Valkaria Airport is required to support the transportation needs of the County now and in the future; and urged the Board to make a responsible decision and pass the plan submitted by the Airport Manager and approved by the VAAB as a pathway for the future of Valkaria Airport.

Martin Hadley, 1479 Ashboro Circle, Palm Bay, President of Valkaria Aviation Association, advised their membership has gone international; they now have a member who lives in Germany who comes to the United States three months of the year and flies an airplane in and out of Valkaria Airport; and they also have members from as far away as Indiana, so they are a growing group. He stated they have three statements they are confident can be validated as facts; (1) Valkaria Airport will remain an airport unless an Act of Congress directs otherwise; (2) Brevard County as sponsor of the airport is required to maintain it as such; (3) directed to become self-supporting in 1993, the airport has gone from using $675,000 of County money for operating costs in 1993, to posting a $5,600 cash forward for fiscal year 1996; and those are irrefutable facts. He stated because of environmental, physical, and geographical constraints, Valkaria Airport will never be the massive competitive commercial airport some citizens would have the Board believe; with responsible management, Valkaria Airport can maintain its self-sufficiency; and it can all be accomplished while maintaining a rural small community airport atmosphere. He stated Valkaria Airport could and should be a center of civic pride for the residents of Valkaria; and requested the Board support the airport and the taxpayers by allowing it to continue in the course it has charted since 1993.

John Wimpee, 4120 Rosewood Avenue, Valkaria, advised he has copies of surveys they took in 1994 of the community and copies of letters they had earlier this year; and Chairman Higgs has copies of other letters, all from South Brevard, including Grant, Micco, Barefoot Bay, Sebastian, and some from Titusville, Melbourne, and Palm Bay, saying they do not want Valkaria Airport further improved other than what its status is now. He stated they all say they do not want operations extending past dark and they would not like the improvements and prefer the closure of Runway 9/27. He stated the improvements before the Board are not required to comply with the deed restrictions; the County paid 1.2 million dollars for a main runway; and the runway project was just completed last year and the final note paid at a previous Board meeting. Mr. Wimpee advised the Act of Congress is no more than a rider on another bill as various other riders on other bills passed for little things such as veterans getting their benefits, tombstones, etc.; and it is not a bill put before Congress for a vote on a single issue of Valkaria Airport closing or remaining open. He stated pilots of Brevard County represent less than 1% of the population compared to people who use golf courses at 40%; recent research on his part of various newspapers around the country indicated unjustifiable and private airports around the country are closing at one a week; so if it takes an Act of Congress to close them, it is interesting that it does. He stated it has been such a problem for the public in general that Pilots Associations have published a 200-page publication explaining how the pilot should live in harmony and act appropriately within the neighborhoods where the airports are located or they will be closed. He stated FDOT has not funded a causeway every ten miles; and inquired if Brevard County needs an airport every ten miles.

Theo Adkins, 2055 Valkaria Road, Malabar, advised he has been a resident in the area for about 18 years; the use of the airport has greatly increased in the last two or three years; it has become an irritant for the people who live there; and the majority of the people do not want tax money spent on the airport for improvements. He stated there is a big difference between maintenance and improvements; maintaining what is there does not require repaving runways, night lights, and things like that; the majority of the people in Brevard County do not want tax money spent on a rural airport; so as elected officials he hopes the Board will listen to the majority.

Selene Cathelyn, 710 Spring Lake Drive, Melbourne, advised she is an operator who works at Valkaria Airport and runs the Unicom, Mondays through Fridays, from 8:00 a.m. to 5:00 p.m.; they advise pilots, but do not direct them; they have their own way of knowing which runway to use if there is nobody available; and she just advises them and let them know where the winds are coming from. She stated the pilots make their own decisions on which runway to use; she can ask them to use Runway 14/32, but they will use Runway 9/27 anyway; and it is up to them and not up to her. She stated they have been advising the pilots for the past few months to use Runway 14/32 because of the homeowners; Runway 9/27 is only used when wind conditions are so strong they have no choice but to use it or result in an accident; and they offer more information if pilots need it or ask for it, but it is up to them to make the decision on what runway to use.

Jim Ray, 4030 Adams Lane, Valkaria, member of VAAB, speaking as an individual, advised he is opposed to runway lights and cannot see a good reason for encouraging additional traffic in the area, especially since Brevard County will not get any money out of it and it is going to be a detriment to the environment and individuals in the area. He stated he is also opposed to the paving of the runway and expansion of the building or an additional FBO facility.

Brian White, F.I.T., Box 0139, Melbourne, advised he is an F.I.T. student and a commercial pilot with instrument rating, so he has been at Valkaria Airport quite a bit; it is a great airport and he hopes the Board will support it; but the reason he wanted to speak was because there are misconceptions. He stated airport funds come out of the airport usage; it is a trust fund and not County tax funds; so there is no money coming from the taxpayers to improve the airport. He stated improvements to Runway 14/32 was done with FDOT funds and not Brevard County money; repaving Runway 9/27 will enhance safety and is not an expansion; he recently flew an aircraft that is forgiving as far as landing, but he bounced on that runway; it is in bad shape; and overlaying it will help. Mr. White advised under FAAR Part 91, pilots are allowed to come in at night; FAAR Part 135 for commercial operators, require runway lights at night; and he would not use a runway at night without lights, but he is allowed to do it. He stated having the lights will increase safety. He stated VASI, the visual slip indicator, will be great; Melbourne has it and it is a great help; the trees off Runway 9/27 and old Runway 5/23 create a wind tunnel; so clearing some of the brush is also a safety factor. He stated the F.I.T. pilots do not want to cause accidents, so they are well trained and do not mess around at Valkaria Airport.

Jeff May, 4323 Pinewood Drive, Palm Bay, advised there are things he heard that troubles him; his favorite memory is of his grandfather who took him for his first ride in his airplane when he was two; and he was not a man of means with money rolling around. He stated they hear pilots described as well off; his grandfather worked his entire life at two jobs to raise his three daughters; he never had a lot of money, but he had a resource to do something for his grandchildren; and that has influenced him for his entire life. He stated he was at the airport Saturday and flew with Mr. Walters; and that awoke something in him that he had forgotten about, and what he has enjoyed since he was a kid, and that is flying, thanks to his grandfather. Mr. May stated he remembers a lady saying "Just Say No to Drugs", but no one provides them other things to do; the people he met Saturday participates in the Young Eagles Program; and they are giving children something to do so they can say no. He stated he heard safety concerns, but he cannot imagine the people he met Saturday having that kind of behavior because they are extremely professional, well intentioned, and the most outgoing people in aviation. He stated maybe there is another group of people involved besides the homeowners and pilots that will be coming along in the next 20 years, the people that Nancy Reagan told to say no, because they are being given something else to do instead.

Rollin Park, 314 W. Patrick Circle, Melbourne, advised he is an IA A&P mechanic; received his 50 year award for Charles Taylor with an unblemished record; worked for the past 25 years in Brevard County at all the airports; and received probably very small remuneration from Valkaria Airport, but he did receive some. He stated after listening to the comments, he would say the Board is mandated to maintain the airport; the length of the runways dictate that the airport will never become a feasible operation for anything larger than light twin engines which it is currently experiencing; and in all fairness to everyone, he would have to say the radio control aircraft is a problem to the human ear. He stated the frequency of sound is detrimental to good hearing.

Chairman Higgs advised Valkaria Airport is in her District; and it is her desire to maintain the rural character of the area, that the airport be a safe place as long as it operates, and that it be self-supporting. She stated the County has made progress on the self-supporting issue in the last three years; the plan that has been presented provides the opportunity to enhance the recreational aspects for the people who live in the area; but she does not want the airport to expand. She stated she wants the airport to serve the community through better recreation; the safety issues need to be looked at; the County should maintain local control; and at this time the Board has no indication if the route to changing the deed restrictions would be easy. Chairman Higgs advised there needs to be maintenance of the infield area; of all the Commissioners, she would more likely be most concerned about the environmental issues regarding scrub jays; but those issues can be handled effectively and without detriment. She stated if the Board is going to maintain a safe airport and use Runway 9/27, then it has to do some work to keep it safe; but she will not support lights or expansion and does not believe it is realistic to invest in an FBO facility at this time. Commissioner Ellis stated the FBO facility would be paid for by the operator; with Chairman Higgs responding the facility is not financially feasible at this time. Commissioner Ellis inquired if the Board does not put it in the plan, will the operator be able to build the facility; with Chairman Higgs responding being in the plan is not a major issue because it is not feasible since there is not enough traffic to support it.

Commissioner Ellis inquired if they could put shell on Runway 9/27 instead of asphalt; with Mr. Henderson responding it would not work because the props would pick up and throw the shells into the airplane. Commissioner Ellis inquired what could they use; with Mr. Henderson responding grass. Commissioner Ellis stated his thoughts were to use Runway 9/27 only for landings if it is critical and Runway 14/32 is not available; some of the problems have been operational, such as the Dumbo Drop and use of Runway 9/27; and inquired if there is a way to forbid the use of Runway 9/27 if Runway 14/32 is usable. Mr. Henderson advised that would be a tricky situation because of the FAAR's; Valkaria is an uncontrolled airport and pilots have the right to choose the runway they want to use; staff can ask them to use Runway 14/32 and refrain from using Runway 9/27, but they cannot impose it legally. Commissioner Ellis inquired if pilots can legally be stopped from taking off from a particular runway; with Mr. Henderson responding not unless there is an obstacle, wind condition, or safety factor that is obvious, but that is a pilot's responsibility at an uncontrolled airport.

Chairman Higgs stated there has to be safe coverage; if there is another way, she has not been presented with it but is willing to entertain that; however, she wants to be sure, as long as the airport operates, that it is safe. She stated she would like to have grass runways, but wants to insure it is a safe runway; and to date she has not been presented with anything other than repairing the existing runway.

Commissioner Cook advised there are a few other issues; the Dumbo Drop concerned him; from the correspondence received and after listening to the public tonight, he is not sure the County has adequately responded to the questions; and if it has not, they need to respond to the community. Chairman Higgs stated Mr. Henderson wrote a memo on the subject, and it was forwarded to Ms. McKasty. Commissioner Cook stated there should be a procedure in effect so that Dumbo Drop cannot happen again; it is incredible to have a huge aircraft fly over homes and people playing golf; and inquired if a procedure has been instituted to insure that does not happen again; with Mr. Jenkins responding one is being developed similar to what is done with Parks and Recreation facilities; and minor things could be automatic, but anything of a certain magnitude would come to the Board for approval. Mr. Henderson advised the Dumbo Drop incident was investigated by the FAA, and there was no violation of any federal regulations.

Commissioner O'Brien inquired if there could be a policy that lights would only be used in case of medical emergencies; with Mr. Henderson responding it would not pay to put them in for emergencies only; right now airplanes can land out there if they want to take the risk; and there is no FAAR to prohibit or restrict it. Commissioner O'Brien stated so staff is saying there is no policy; and every question asked so far is answered with no policy against it. Mr. Henderson stated most aviation traffic is governed by FAA Regulations. Commissioner O'Brien stated the County has the ability to get money for runway lights; so if it can install lights, it should put in a policy that they be turned on only if a plane is coming in hot and needs lights or for a medical emergency. He stated for general aviation on a day-to-day basis, he cannot support the lights unless the airport institutes some policies that recognize people living there in the community. Mr. Jenkins stated there would be no one there at night to turn the lights on. Commissioner Ellis stated it can be turned on by the pilot. Mr. Henderson noted the lights can be radio-controlled. Commissioner O'Brien stated in modern technology, they can be controlled by an airport manager that is called from an airplane, that way the lights could be controlled for emergencies only or life-saving trips and he could support them; but for recreation he cannot support the lights.

Chairman Higgs inquired if the Board wishes to make a motion regarding Valkaria Airport Improvement Plan; with Commissioner Scarborough responding he would feel more comfortable if Chairman Higgs would pass the gavel and make the motion since the airport is in her District. Chairman Higgs passed the gavel to Vice Chairman Ellis. Chairman Higgs stated she wants the Board to go on record that it supports a safe rural recreational airport, that the airport be self-supporting, and that is the overall direction. No objection was heard.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to support maintenance of the infield area in accordance with all federal laws and permits be required where necessary. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to delete lighting of Runway 14/32. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, to authorize the Valkaria Airport Advisory Board to prepare alternatives for repair of Runway 9/27.

Commissioner Ellis stated the County should be able to have takeoffs forbidden on Runway 9/27 and still leave it open for landings; emergency situations are going to occur where they must land, but not for takeoffs; and inquired if Runway 9/27 can be used only for landings. Assistant Public Works Director Ron Jones advised staff can contact FAA to determine if the County has the ability to impose that restriction, and seek the guidance and assistance of the County Attorney.

Commissioner Ellis stated he will second the motion and amend it to add getting additional input from the Valkaria Airport Advisory Board on the overlay repair of Runway 9/27 which could include operational limitations. Commissioner Higgs accepted the amendment. Vice Chairman Ellis called for a vote on the motion. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve recreational improvements at Valkaria Airport.

Commissioner O'Brien inquired if $15,000 is for a picnic table; with Mr. Henderson responding no, it is for trails, etc. and is a ball park figure used for that purpose. Commissioner Higgs stated all the projects have to come back to the Board for specific allocation of funds.

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to not take action on the FBO facility at this time.

Commissioner Ellis inquired if it will not be included in the plan; with Commissioner Higgs responding no, because she cannot see it happening, and until she has additional information on maintenance and other responsibilities the County would have to bear, she would rather consider it at another time. Commissioner Ellis stated it would be a privately-funded building; if the County has one built, it would make more sense to have it on the Airport property; and there is private property near the airport that could be used for an FBO facility. He stated the County is not going to build the facility, but if it becomes feasible, it should come back to the Board for inclusion in the plan.

Commissioner Higgs advised all the improvements discussed will be funded through the Airport being able to generate the revenues and obtaining matching funds from the State surtax; and those improvements will not be funded by General Fund dollars of the County.

Vice Chairman Ellis called for a vote on the motion to not include an FBO facility in the plan. Motion carried and ordered; Commissioner Ellis voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Manager and staff to explore options for alternative locations of the model airplane facility.

Commissioner Ellis advised property at the west end of Malabar Road and west of Palm Bay Regional Park has been purchased by Melbourne Tillman Drainage District or the St. Johns River Water Management District, so there is an entirely open area all the way to the river if a landing strip or other model airplane facilities are put in the northwest corner of Palm Bay Regional Park to fly to the west over the river and pasture. He noted it would probably be a good location where it would not interfere with homes or anything out there.

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

The meeting recessed at 8:19 p.m. and reconvened at 8:23 p.m.

Commissioner Ellis advised Calvary Chapel of Melbourne is coming in on a parcel just south of Meadowlane Library; the County has common utilities there such as stormwater drainage, sewer, etc.; and the Church wants to put a road in the back of its property through Meadowlane to have access to the light onto Minton Road for safety reasons. He requested staff be given permission to work with the Church and get everything moved out.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve donation of 66 feet of access right-of-way from the south side of Fell Road to Calvary Chapel of Melbourne on the east property line of the proposed West Melbourne Library, subject to the Church providing an easement for the new library's stormwater drainage; and direct staff to work with the Church to accomplish it. Motion carried and ordered unanimously.

Carol Hebert, 2400 Washington Street, West Melbourne, Park Naturalist at Erna Nixon Park, advised in 1973 Erna Nixon Hammock Park was purchased by the County; that was the first purchase of land Brevard County initiated for the preservation of natural resources; and they see the trend continuing with the strong support of land preservation and acquisition called EELS or Environmentally-Endangered Lands Selection Program. She stated the EELS Program has become a model across the State of Florida that other counties look to when they are setting up new land acquisition and preservation programs; and that reinforces the fact that it is important to correctly maintain and manage healthy eco-systems in all preserved lands. Ms. Hebert advised the development around the park has accelerated since 1973 with new wells being dug for homes, widening of Evans Road, expansion of Melbourne Airport, construction of Melbourne Square Mall, and expansion of other shopping areas in the vicinity; all the development has had an impact on the hydric conditions in the park; and in the three years she has been employed at the park, there have been noticeable drying trends, with evidence most obvious in the hammock which was the primary eco-system that Erna Nixon fought to preserve. She stated as a result of the heavy rains from Hurricane Erin, an emergency ditch was dug in the southeast corner of the park; the fence line was cut; and a ditch was dug by the City of West Melbourne to alleviate flooding in Woodland Subdivision; that event helped to focus on the drainage problems that have developed and are plaguing Erna Nixon Park; and upon a joint site inspection, several options were discussed, and a proposed action plan formulated. Ms. Hebert advised rotor tilling some of the existing fire breaks within the park from the 1986 fire, creating a berm along the south side of the park boundary to retain water onsite, and diverting some stormwater from Melbourne Village system into the northeast corner to rehydrate the existing wetland would help to restore the natural hydro-period that occurs within the park. She stated it will also help to retain more of the stormwater from the adjacent areas on the park site; and it would be a joint project, and be consistent with the existing goals of the Erna Nixon Park Land Management Plan. She stated Park staff looks forward to working with all the municipalities concerned and hopes goals can be obtained for all members.

Ms. Hebert stated the next item on the Agenda is the widening and deepening of Crane Creek ditch; with the plan of retaining more stormwater on site at Erna Nixon Park and diverting some of the stormwater from Melbourne Village on to the park site as well, she hopes the engineers and hydrologists involved with the two projects work together and do not over react and widen and deepen Crane Creek ditch when they are retaining more water from flowing into that ditch. She stated they need to look at the two projects as one because they are closely related. She stated the ditch would carry less water even under a storm event. She stated staff looks forward to working

with the County and City of West Melbourne on the projects and will be available for any questions.

Tibby Parker, 550 W. Pine Road, Melbourne Village, Town Commissioner for the Town of Melbourne Village, advised she will share with the Board a presentation that was made in the Town a few weeks ago where Commissioner Ellis was present. She stated she will not go over the details tonight because the printed material indicates the history and engineering studies that were conducted to evaluate the restoration of the hydric period of the hammock; but she will touch on a few issues. She stated she supports Naturalist Hebert's comments; at the time the County and State purchased the hammock in 1972, many ecological changes were noted; and there was an extensive biological study conducted. She stated in 1986, there was a fire that destroyed more than 24 acres of the hammock, and an emergency fire break was cut to save property; but it has never been cut

properly to retain the water in the hammock. She stated in the 1990's there were meetings with people from the American Homesteading Foundation, which is the dual governing body in Melbourne Village, and several County representatives to discuss restoring the water in the hammock; it was not a number one priority on anyone's list; and the County ordered an engineering study, a very extensive study which is available in Commissioner Ellis' office for anyone to review. Commissioner Parker stated they had a walk through by Dr. Voyle of the Division of Forestry in early 1995; he indicated a project in Volusia County quite similar to Erna Nixon Hammock and Park; and he is interested in working with Brevard County to restore the hammock. She presented maps and aerials from 1943 to the 1990's showing what Melbourne Village looked like in 1946 to the Board; and stated she is sharing those because there has been growth and development in the area that has forced the water out of the hammock into L-5 and M-1 which is a key contributor to the problems they are having in Crane Creek today. She stated they had the 100 year rain in August; Melbourne Village's original elevations in the ditches and swales show the water flows in one direction for 20 feet, skips 30 feet, and flows in the opposite direction for the next 200 feet; and the elevations of the fire breaks are also key contributors to the mismatch of where water should go. She stated right now it is flowing into L-5, M-1 and Crane Creek; so a small group of people believe they have an innovative solution which is a win/win situation. She stated it will help Melbourne Village, the County, and the park project; and it will not have an adverse effect on property owners. Commissioner Parker stated they created a list of organizations that might be key contributors to a solution; they include Melbourne Village, West Melbourne, Brevard County Stormwater Division, County Parks, Naturalists, Department of Agriculture, Division of Forestry, American Homesteading Foundation, St. Johns District, and others; and requested Brevard County consider the project as part of the Crane Creek Watershed Management Plan. She stated Melbourne Village is in the process of receiving FEMA funds on three key projects; the DSR's are not signed yet, but when they are, it is the DSR date plus six months; Melbourne Village needs from Brevard County elevation feasibility studies, from Acopian south to M-1 and from the park west to L-5; and those elevations will give them the information they need to tell them whether the restoration of the hydric period is doable. She stated the major culvert under a road project has already been completed; and two other projects are going to take about 15 to 18 weeks to complete. She requested the Board consider a motion to perform the feasibility studies for the elevation of the mentioned streets in Melbourne Village.

Gary Zarillo, 760 Cajeput Circle, Melbourne Village, professional registered geologist in the State of Florida, and member of the Board of Trustees of the American Homesteading Foundation, which holds in trust many of the undeveloped portions of Melbourne Village, advised he had occasion to review several of the technical reports that Ms. Parker referred to; and each of the reports considers the drainage in and around Erna Nixon Hammock and within Melbourne Village. He stated while differing in the details of the approach to rehydration and surface water management in the area, all the reports seem to agree on the benefits of coupling rehydration in the Hammock with stormwater drainage from portions of Melbourne Village. He stated it is a win/win situation where two significant problems are being address: (1) mitigation of stormwater flooding within Melbourne Village, and (2) preservation of Erna Nixon Hammock. He urged the Board to take action on this item this evening.

Chairman Higgs stated it is a win/win situation and logical; and inquired what action is needed and how much is it going to cost.

Commissioner Ellis advised he cannot give the Board a cost estimate at this time; they need to do preliminary engineering, shoot the elevations from Acacia and from Acopian into the park; however, the park did overflow Woodland Manor and caused back flowing into Melbourne Village, so the County has the responsibility to resolve that problem. He stated the simple way is to build a berm around the entire park; however, that is not the smart thing to do; and recommended a committee be formed and initial engineering be done to come back to the Board with recommendations on how it can do the smart thing. Chairman Higgs inquired if in-house staff can do that; with Assistant Public Works Director Ron Jones responding the Surface Water Improvement Division has adequate staff to handle that project and would also need to look at the issue of making a better connection to the front of the system for emergency overflow situations. Commissioner Ellis advised his thoughts are that the County would bear the burden of doing the engineering; any work done within the municipalities will be borne by that municipality; and the County would pay for the work in the park.

Commissioner Cook stated he wants to identify a funding source; and inquired if the initial engineering work will be paid for from District 5 stormwater fees, and if the Committee will come back with recommendations. Commissioner Ellis stated the park work will be a combination of Stormwater and Parks and Recreation; the park is overflowing into the neighborhoods, so the County has to correct it; and right now it has a ditch that was dug by West Melbourne as an emergency.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to go forward with the preliminary engineering and feasibility studies, and form a task force with the Town of Melbourne Village, City of West Melbourne, Parks and Recreation, Surface Water Improvement, and a botanist familiar with the park and its habitat to ensure the project sets optimum water levels throughout the park to support vegetation; and to return to the Board with recommendations. Motion carried and ordered unanimously.

Commissioner Ellis stated if they are going to set optimum elevations in the park for where they want the water, then they have to shoot that elevation all across Melbourne Village to Acacia and Acopian and out to the M-1 in Woodland Manor to see if they can make water flow that way. He stated when the task force is formed, it will have someone from Melbourne Village; it is on a short time frame because of using FEMA money to replace culverts leading from Acacia; so they should be able to elaborate on that.

Allen Harback, 2318 S. Country Club Road, Melbourne, advised much of the activity going on about Crane Creek is attacking the symptom and not the problem; he has lived there 35 years and seen

hurricanes come and go when it was a tiny culvert under Country Club Road; and the water never came in the yard after Hurricane Cleo nor with Hurricane David, but over the last ten years he has seen the rising of water in Crane Creek. He stated they have experienced tremendous growth in West Melbourne and throughout the County; I-95 made a nice dam and changed the total distribution of hydrological flow in the County; and that has not been taken into account, just put a canal in and dump it into Crane Creek. He stated the amount of water flowing down Crane Creek has increased tremendously in the last 20 years; and merely restoring the Creek to its original width and depth is not going to solve the problem. He stated during the rains after Erin, after the water subsided enough so he could get out of the house, he went out on the street and could not see any drop from one side of the street to the other; the water was backed up even further on down the Creek; it was verified by Henry Minneboo who understands the problem; so he hopes the Board will listen to him. He stated it is more than cleaning the ditches and making culverts bigger; there is a massive system problem; and the Board should be aware of that when attempting a solution. He noted it is not just a simple ditch digging problem.

Arthur Newport, 216 Duber Road, Melbourne, advised he has lived in Brevard County since 1965 and has seen the tremendous growth; he purchased a house in Crane Creek area in the last three years, but lived in the neighborhood within a mile of there since 1965 on the beach side; he had severe flooding at his house; and he has never seen anything like that in the 1960 and 1970 hurricanes. He stated his parents and sister have lived there; they have seen thousands of acres of concrete and black top go in; and they are still trying to push the water down a small canal. He stated there needs to be other ways to get rid of the water other than through Crane Creek; and they are trying to drain too many lateral canals, thousands of acres of concrete, additional widening of roads, and shopping centers in a 1920 system when it is close to the year 2000.

Micah Savell advised he heard that part of the solution to the Crane Creek problem is converting Ruffner Park from a playground to a retention area, and to control water through the existing storm structure; he has been here a long time and does not recall a time when there was as much rainfall as this year; just a few short years ago Erna Nixon Park had only 15 to 16 inches of rain for the entire year; and they are struggling with the environment on every issue. He stated the St. Johns River Water Management District was formed 19 years ago to come forward with a plan for the whole County; and the Board should write to the Governor and ask his insistence to move that forward and get it done so there can be a comprehensive plan. He inquired if it is more important to hold water in ditches and keep it out of the river and in people's homes; and stated citizens of the County have a higher priority and right than keeping water backed up and not releasing it into the river whether controlled by the St. Johns District or the County. Mr. Savell stated he would like to see the County have the local authority to be able to take control of it and implement it under emergency situations so a lot of people do not have to put up with the stuff they have just gone through. He stated he walked around the neighborhood and talked to people; most of them said they want to be sure it does not happen again; the plan of opening up and building a ledge might not be the final analysis; but it should be a good start. He encouraged the Board to do that and take the bridal off the County staff so they can do the work that is necessary to keep the flooding from happening again.

Jean Anderson, 2321 St. Andrew's Circle, Melbourne, advised Crane Creek and Golf Club Estates was named the M-1 canal inadvertently in the 1920's; Crane Creek was originally used by the early settlers to take supplies to West Melbourne; and it is a natural creek that is right behind her house. She stated over the years the canals were dredged and overflowed from housing developments and the mall, West Melbourne, North Melbourne, the Airport, the golf course, etc.; they all found their way into the natural creek; she has lived in Golf Club Estates for over 16 years and observed the water quality and nature steadily decline; and they no longer have crabs and turtles, and the bird population has dwindled dramatically. She stated they had two feet of water in their home after Hurricane Erin as did many of the neighbors along the Creek; her husband went down Crane Creek with a video camera; and in the F.I.T. area there was a great deal of debris in the water that it was impassable in some areas. She stated the pipes crossing under the bridge at Babcock Street was so low they were two feet from the water level and also caught debris; F.I.T. Gardens has a very low bridge and is about three feet from the water level which impedes drainage during heavy rains; and the canals have been indiscriminately dug over the years to empty into a natural waterway. Ms. Anderson stated they would like to see the majority if not all the canals re-routed; they vehemently object to a seawall and further destruction of the natural waterway; and they want to see the Creek cleaned properly of debris. She noted Melbourne is a beautiful place to live and they want to see it remain that way and do not want the tax base expanded at their expense.

Commissioner Ellis inquired how and where would Ms. Anderson suggest they re-route the canals; with Ms. Anderson responding she is not an engineer, but it could be stopped before it gets to the Florida Air Academy and re-routed down Hibiscus Street. Commissioner Ellis stated they would have to dig a canal the size of the existing canal all the way to the river to re-route it; 40 or 50 years ago that could have been done; but he does not know how they could turn the canal down Hibiscus today. Ms. Anderson stated they have turned every canal and everything that has been dredged to send water their way; and if the County had the means to do that, it can send it in another direction. Commissioner Ellis stated when the canals were dug, there was nothing but woods out there; the canals were dug in the 1920's; and most of the laterals were done by the 1940's. Discussion continued between Ms. Anderson and Commissioner Ellis about Lateral 7, Fountainhead, Lamplighter Village, and Wickham Road.

Commissioner Cook inquired what Ms. Anderson meant by the tax base being expanded; with Ms. Anderson responding all the growth that has gone on and more cement poured which increased destruction of Crane Creek; all the natural things have been taken away; and the Creek has rapidly declined over the years.

Charles Goodrich, 1804 Pine Street, Melbourne Beach, advised he spent some time meeting and talking to several people who live in the Crane Creek area; and all those folks seem to have a common concern which is they want to keep the water out of their backyards, utility rooms, and living rooms. He stated it makes sense to keep the water in the ditch so that it will stay cleaner than if it ran through backyards, homes, and streets; and urged the Board to strongly consider the plan and see what can be done to improve the situation for the people who live in the area.

Homer Sparks, 2304 Ruffner, Melbourne, advised Mr. Minneboo and the people who live in the little segment of Crane Creek met after the last flood; as they were talking, Mr. Minneboo developed rather interesting concepts of what could be done to alleviate the problem of high water; they all agreed on that at the time; and they want as little intrusion as possible and not a massive canal. He stated they want the natural part of the Creek to remain natural; they have oak trees that have existed long before 1920; and it was not a canal that was dredged, it was a nice little creek. Mr. Sparks stated they should think of the Creek in segments, from U.S. 192 to the golf course property, and down to Country Club Road, then from Country Club Road to Babcock and down where they have a bottleneck; and if the debris and F.I.T. obstructions are taken out of the widened part of the Creek just before the River, then the water would flow faster. He stated they agreed with Mr. Minneboo's plan; it is a good plan that should be given time to work; and they are not interested in over-reacting. He stated if there is another flood like the last one, they will get wet; that is the reason they have flood insurance; and any deepening and berms or dikes will adversely affect the homeowners and their properties and enjoyment thereof.

Commissioner Ellis advised Crane Creek system goes all the way back to I-95 and has canals that run further back; the only place they can cut a deep maintenance shelf is on the north side of U.S. 192; south of U.S. 192 needs a maintenance shelf, but it cannot be deep because the crossing of canals are almost at grade with the homes; and it would not do any good to lower one because it would not give additional capacity. He stated without a maintenance shelf, they cannot get in to clean the canal. Discussion continued between Commissioner Ellis and Mr. Sparks on capabilities of the Menzi Muck, and removal of debris, trees, and pipes.

Chairman Higgs inquired what the current plan is; with Public Works Director Henry Minneboo responding his concept and approach is to have a pumping system to pump water on the west side of I-95 because there will be dry periods in the years to come, and it will be critical to draw water from the east and move it west; and they want to utilize the County's existing right-of-way. He stated in the M-1 Canal series, starting at Rodes Boulevard and proceeding eastward, there is a lot of area that has 88 and 100 feet of right-of-way; and they want to expand those for the volume and capacity problems that exist in the area, and widen them and treat that in a different fashion than they are doing today. He advised they are looking at a controllable weir structure, something they can handle during dry periods, and let water out down stream, knowing two or three days in advance of a hurricane to reduce the volume capacity and improve it. Mr. Minneboo advised they have cleaned the M-1, from U.S. 192 to Country Club; this week they got all the approvals to move forward from Country Club to Babcock; the improvement will clear out the vegetation; and removal of the F.I.T. bridge will significantly assist the people along that entire area. He stated the long-arm boom, which is the 55-foot crane, is up to about Dairy Road today; they want to continue eastward with that then move into Country Club east; but they have cleared the way of all obstructions, specifically the F.I.T. bridge in the flow line. He stated they are also looking at the duct work on the west side of Babcock Bridge because it is in the flow line; and they will try and make modifications. He stated that is the approach they want to take; hopefully it will minimize some of the concerns of the residents; it is a viable plan; and they are making some progress.

County Manager Tom Jenkins advised the County agreed with the City of Melbourne that it would go through all those bridges whether it be at the golf course, Air Academy, F.I.T. and other places, and get the obstacles out of the way. He stated they also agreed to look around the Dairy Road area to the west and acquire property for a retention pond. Mr. Minneboo advised Mr. Jones met with St. Johns District today and expressed that they should be a financial participant in the controllable weir structure program; the County or cities should not have to undertake that aspect in its entirety; and maybe the District could be the lead agency as far as funding some of the weirs. Mr. Jenkins advised they have scheduled a meeting with the District to discuss the Master Drainage Plan.

Commissioner Ellis advised the reason the item is on the Agenda is because they worked out different things with Henry Minneboo, but if he chooses to retire, the whole project could end up not following through; so it needs to be on record. He stated the other issue is the maintenance shelves; currently there are many lateral canals and no good maintenance shelves to get into them; and it is not just the M-1 Canal that needs to be cleaned. He stated if the maintenance shelf is lowered, they would not need the long boom and could do it with a gradall; and when the water comes up, it will overflow the maintenance shelf instead of the banks and homes. He stated Palm Bay is as low as any place in Brevard County; they did a tremendous amount of work on the Tillman canals by cutting maintenance shelves down; and they did not have the home flooding that Melbourne had. Commissioner Ellis advised he has been here since 1965; Fountainhead flooded at the end of the system; the water actually flowed opposite the way it normally would flow in a storm event; and the County has to be realistic with what it has available. He stated all the shelving that they can do north of U.S. 192 will help control the flooding; but as far as the capacity under U.S. 192, that amount of water is still able to flow south. He noted a control structure will help, but if they have a heavy storm event, it is still going to go through the control structure; so the County needs to be realistic on what it has to do if it is not to be flooded again. He stated it is not the first time the area flooded; there was flooding during Hurricane Gordon, but this time it was more serious; and the whole system needs to be cleaned out and dug down. He stated there is no maintenance ledge to get into areas north of U.S. 192; he walked the while system the day after the storm; there are places where entire maple trees were laying in the canal; if the tree starts a beaver dam, they do not have a maintenance ledge to get in there and pull the tree out; and the people would have serious flooding problems. He stated if the tree moved down stream and struck sewer lines at Magnolia Manor, it could break those lines and the entire canal would be full of raw sewage flowing downstream; most of that canal was designed for low water level like it is now; and it would be a mistake to assume the last storm was the 1 in 100 year storm and that it will be another 100 years before they see that again. Commissioner Cook advised he has been here a long time and has never seen anything like the County has had during the past year.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to authorize staff to come back with different options, one would be in the area north of U.S. 192 to contract the work out to lower the raised shelf in exchange for the dirt, and to have all flow capacities measured all the way through the system.

Commissioner Cook inquired if staff will come back with options and a funding source; with Commissioner Ellis responding yes. He stated they must have a complete maintenance shelf throughout the entire system; they cannot have a lowered shelf south of U.S. 192 because of the level of the land which is already down by the Creek; but north of U.S. 192 the banks are very steep; and many of the laterals that do not have maintenance shelves cannot be cleaned. He stated they need access to get to the lateral canals and do the same thing they are going to do on the maintenance canal.

Chairman Higgs advised someone said let staff loose to solve the problem; authorizing the flow capacity measurements, if that is what they think is needed, is fine; and if they think at some point they have to do additional things, other than what Mr. Minneboo laid out, that is fine; but the Board needs to let staff work on the problem and come back with recommendations and authorization for additional funding or whatever they need. Mr. Minneboo advised he would like to look at Commissioner Ellis' suggestion and would like to have the capability of continuing with their program, specifically ongoing cleaning from Country Club to Babcock. Chairman Higgs advised all the things Mr. Minneboo outlined is in his professional judgment what is needed to be done; and if there are other items he wants to suggests, the Board would need to analyze those. Commissioner Ellis stated the County flooded a year ago and this year; and he wants clear direction from the Board to go in there and take action and make sure it gets done. He stated a lot of things that need to be done will not be done in the next 12 months; and when the Board changes, or staff retires or leaves, the whole project could fall through the cracks and not get done; so he wants to make sure there is clear Board action that it wants to go through there and make improvements. Chairman Higgs recommended staff outline the plan to the Board in writing and the Board adopt or endorse the plan; with Commissioner Ellis responding that would be fine; and inquired how long would it take to do the plan. Mr. Minneboo advised they are a few months behind right now because of the rains; and if the plan can be done after January 1, 1996, it would help them.

Assistant Public Works Director Ron Jones advised there are two different plans that are to be addressed; the first is staff's plan that it is implementing, which is the immediate response to the incident that has occurred; and the second plan is to try and obtain cooperative funding to analyze the entire system and make recommendations for large-scale capital improvement projects. He stated staff drafted a letter to Henry Dean with respect to cooperatively funding the project; and if that funding is not available, the Surface Water Improvement Division funds could be utilized to go forward with the larger capital improvement plan. He stated in terms of the specific Agenda item, the maximization of the amount of volume within the existing right-of-way is of paramount importance; that coupled with the possibility of implementing some structures which would be able to hold back some of the water during low flows and be operable to open during extreme events are valid considerations; and those are some of the options that would be reviewed.

Commissioner Cook advised it is important to move ahead and to do the maintenance which staff is currently doing; however, there are other areas in the County that also need attention. He stated the Board directed staff to come back with recommendations; but staff's time should not be tied up on something to the exclusion of other areas that need to be addressed, because he does not want

flooding repeated in any of the areas that had serious problems. He stated he will support this and other recommendations Messrs. Minneboo and Jones mentioned for an overall plan to address the critical areas in all neighborhoods that were under water, and make sure that does not happen again; and they should have a plan to address keeping water out of people's homes.

Commissioner Ellis stated to properly clean many of the canals they must have a maintenance road; and there are laterals and portions of the main canal north of U.S. 192 that does not have a maintenance road; so that needs to be addressed.

Mr. Jenkins advised giving the Board a list of tasks staff will undertake and things it will look at can be done in a relatively short period of time; it will be the implementation phase that will take some time; but they can agree to some things, like the flow analysis, capacity analysis, and things they are doing and have done, and give the Board an itemized list and have the Board vote on that. He stated it would be a simple task because most of it has been identified; it would take time to study some of the issues and come back with specific solutions; but in terms of what they need to do, it can be done relatively quickly.

Commissioner Cook advised he would like to see recommendations for the areas where people had water in their homes, and staff come back with suggestions and options the Board can look at. He stated those people are still out there and potentially could still be at risk.

Chairman Higgs inquired if the Board wants a motion to direct staff to proceed with the maintenance items as listed by Mr. Minneboo and come back to the Board in January, 1996 and give it the long-term plan for insuring the people do not flood again. Commissioner Cook inquired if that is the motion; with Commissioner Ellis responding that is fine.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to proceed with the maintenance items mentioned by the Public Works Director and come back to the Board in January, 1996, with the long-term plan for insuring there will not be flooding again. Motion carried and ordered unanimously.

Jim White, 412 Dove Lane, Satellite Beach, advised he operates a business in the Cape Royal Building in Cape Canaveral; it is a firm that divorced from Pan American/Johnson Controls; and he inadvertently let the County license expire and had a visit from the Tax Collector's Office reminding him that occurred. He stated he was please to renew that; however, in notifying him of the renewal, he was notified that the professional employees had to obtain their own occupational licenses; and that is a bit strange. He stated he asked for an explanation and got one, but did not understand it; he was furnished with a copy of Section 102-85; it seems the interpretation was he was operating a professional office; he believed he was operating an architectural and engineering business; and the employees who were told had to obtain their own occupational license are not engaged in a business or profession. He read Section 102-85, paragraph (a) as follows: "Every person engaged in a practice of any profession who offers his or her services either directly or indirectly to the public for consideration shall pay a license tax"; it is his contention the people are not engaged in a business or profession and are employees of a business; they are not a professional office, they are an engineering business and hire employees; and that should be corrected or the interpretation corrected; and if not, it should be uniformly applied to other businesses such as Lockheed, Martin, General Dynamics, Holmes Regional Medical Center, etc.

Commissioner Ellis stated it is the craziest thing he has seen; if every engineer has to be licensed and it is extended to all the other companies, every professional who has to be licensed by the state, including nurses, will have to get an occupational license from the County; and he does not understand how it is being interpreted by the Tax Collector.

Commissioner Cook inquired if it has always been that way in the Ordinance; with Mr. White responding he has never encountered it in the ten years he has been in business in Brevard County. Commissioner Cook stated hair dressers called him because they were told every hair dresser needs an occupational license in addition to their State licenses; a $15.00 toxic waste fee instituted by the State is being added to the license fee now; and he does not think all hair dressers need occupational licenses, or people who work in an office and are employees.

Commissioner O'Brien inquired if all the engineers are employed by the Company; with Mr. White responding yes, they are employees the same as janitors. Commissioner O'Brien stated there is a difference between that and hair dressers who work independently, rent a chair at a salon, and pay a percentage of the action to the owner of the salon; the engineers are being paid under a payroll plan and are part of the Company with health plans, etc.; but court reporters who work independently would not come under that same concept as Lockheed and Martin Marietta. Commissioner Cook stated most people work part time and when they can, and to force them to buy an occupational license is not reasonable. Commissioner Ellis advised his sister-in-law is a hair dresser, gets a regular pay based on the amount of business she does; and she is eligible for a medical plan, but all the money is handled by the company and she is an employee of the company. Commissioner Cook stated he was a salesman and got paid on what he sold; and inquired if the County can say he should have had an occupational license and call him an independent contractor. Commissioner O'Brien stated a nurse employed at a hospital certain days would not need an occupational license, but if that nurse makes house calls as an independent nurse, he or she would need a license.

Commissioner Ellis requested guidance from the County Attorney on what type of motion to make because he does not understand how the Tax Collector is interpreting that section of the Code. County Attorney Scott Knox advised the problem is in Subsection (d); it went from a construction where it was the group of individuals in an office which caused the office to get an occupational license, as opposed to the new section which says the individual professionals practicing in that office have to get licenses. He stated the Board would need to amend Subsection (d) to say individual professionals who are not employees of a company, firm, etc.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to direct staff to develop language amending the Code relating to professionals obtaining occupational licenses, and bring it back to the Board for consideration. Motion carried and ordered unanimously.

Chairman Higgs advised staff will develop an amendment to the ordinance which must be advertised for a public hearing, and will bring it back for consideration by the Board.

Bess Sinclair, representing Atlantic Farms South Shellfish Farm in Grant for Craig Clark who was unable to attend the meeting, advised they are concerned with fresh water running off into the Indian River Lagoon because it is destroying the lagoon and killing shellfish. She stated during late September and early October, when runoff was at its peak after Erin and Gerry, salinity dropped to 10 parts per 1,000 for almost a week and created massive shell loss for many shellfish farmers in the lagoon. She stated an optimum salinity is approximately 25 parts per 1,000, and in salt water it is about 35 parts per 1,000. She noted as stated in a letter submitted to the Board early this month, they currently employ 32 associates, lease 60 acres of shellfish ground in Brevard and Indian River Counties, are looking to lease more shellfish ground, and invested 1.8 million dollars in operational costs since beginning the business in January, 1993. She stated she was assigned at the end of September, 1995, to research the fresh water runoff situation into the lagoon; she has spent approximately 40 hours working on the project; talked with over a dozen individuals from agencies such as St. Johns River Water Management District, Mosquito Control, Florida District Biologists, Florida State University Research Biologists, the Indian River National Estuary Program, Sebastian Inlet Tax District, Natural Resources Management Council, and others; and found there is little coordination among controlling agencies regarding fresh water discharge into the lagoon that report to industries which depend on a stable environment in the lagoon such as shellfish farmers. Ms. Sinclair advised the 1989 Marine Fisheries Study estimated the commercial fishing industry brought in 300 million dollars annual from the Indian River alone; but with the recent net ban, revenues can be expected to drop significantly; the only means to regain this lost revenue is through aquaculture which has phenomenal potential worldwide both with shellfish and fin fish; and they are requesting something very simple, a single liaison with whom they can discuss water quality problems and whom they can depend on for information which may better enable them to manage their business and avoid unnecessary shellfish loss. She stated they were unable to get that during those storms; they were not contacted by the St. Johns District, but were supposed to be; their salinity dropped to 13 yesterday; and if they stay that way for a few days, they will lose several million clams. Ms. Sinclair advised on Friday the salinity was 18 on their leases; that showed a lot of water went into the Indian River over the last two days and nobody called them; they are willing to provide information needed, such as daily salinity readings; Maurice Sterling of the St. Johns District told her they are supposed to take salinity readings before increasing any discharge from C-54 or the Tillman, but they cannot because they are understaffed; so they cannot understand what is going on in the river before they make those decisions. She stated the Indian River is not a water treatment plant;

it cannot handle all the stuff coming out of the County; everybody is talking about canaling everything; there are 12 or more natural and manmade freshwater inputs between Port Canaveral and Fort Pierce Inlet; and there is only Sebastian Inlet to offset those 12. She stated adding on a County that is growing and wants to drain so they can build houses and not flood, there is additional water coming into the river that would not normally do so. She stated salinity readings going back several years show problem areas in the Sebastian River near Turkey Creek and Crane Creek are increasing; salinity is dropping lower and lower; so they do not see a good future in aquaculture in Brevard County; and unless something is done about the fresh water problem, they would have to move elsewhere, and that would be revenue loss for Brevard County.

Commissioner Ellis advised Brevard County had two years of record rainfall; he understands from the St. Johns District that C-54 has been closed for the last few weeks; all the other systems are gravity systems; and the C-54 is the only one that has any kind of structure. Ms. Sinclair stated Tillman does also. Commissioner Ellis stated Tillman does not open it, and when it reaches a certain level, it goes over the spillway. Ms. Sinclair advised on September 16 and 17, salinity dropped to zero; that was the weekend the C-54 was open from 800 CFS, which was actually spilling over the top, to 1,500 CFS; and that was a decision which sounded like no one at the St. Johns District wanted to make. She stated she talked to Maurice Sterling, Joel Stewart, and Dr. Bernstein; there were several people opposed to that; she does not know if people were actually flooded; but since they made that decision and dumped that much water for that length of time and did not tell them, they do not know what they will do in the future. She stated if the District had told them, they could have avoided planting seed clams; those are the most susceptible animals; the larger clams can sustain unbalanced conditions for a longer time and are more tolerant to changes in salinity and PH; but the seed clams cannot. She stated if they understand what is going on in the future and the plans they have, they can better manage and plan their own operations. Discussion continued between Ms. Sinclair and Commissioner Ellis regarding a dam on Lake Washington, water flowing north through the St. Johns system, and the Upper St. Johns Flood Basin project.

Ms. Sinclair advised they want someone they can call and talk to on a regular basis to find out what is going on because they have had a difficult time communicating with the St. Johns District; they are just too busy and under-staffed to worry about it; and they are required to take salinity readings before they make a change in the CFS discharge.

Chairman Higgs inquired if Ms. Sinclair is requesting a County person as a point of contract for the aquaculture people; with Ms. Sinclair responding it can be anybody. Commissioner Ellis inquired if they want someone to call them when they are going to open the C-54; with Ms. Sinclair responding they could call also; and they want to know what is going on with the new drainage system as well as the C-54 and Tillman canals. She stated the main fresh water input that affects them is the Sebastian River, Kidd Creek, Turkey Creek, and Trout Creek; and they are not affected much further to the north than that.

Commissioner Cook stated looking at the St. Johns District's budget, it is hard to believe they are under-staffed; the problem Ms. Sinclair has is communication with the District; it is a separate body

and a creature of the Legislature; she can call the County, and staff will try to get information from the District for her; but the problem is the District should be responding to her directly. He stated the Board should send a letter to the District asking why it is not responding to the clam people when it opens the canal.

Chairman Higgs advised it is an economic impact to the industry; and the County has an Economic Development Director.

Commissioner O'Brien advised Representative Futch cares about the clamming industry and because of that, they have an ombudsman with the State; the Board could send a letter to the ombudsman saying it wants the District to be responsive to the clamming industry; and the clamming industry could call or write to Representatives Futch, Posey, Goode and Ball, and Senator Kurth, present their case to those legislators, and send letters to the ombudsman in Tallahassee saying they are not getting a response from the St. Johns District, and work with the Department of Commerce to put pressure on the District to do something very simple, give them a call when they are going to open the dam. Commissioner O'Brien suggested the Board send a letter to Tallahassee and copy the five legislators of Brevard County.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to authorize the Chairman to write a letter to the appropriate party in Tallahassee, outlining the problem of the aquaculturists not getting responses from the St. Johns River Water Management District when it opens the C-54 canal and lets fresh water into the Indian River Lagoon, and to send copies to the Brevard Legislative Delegation. Motion carried and ordered unanimously.

Commissioner O'Brien advised the Board cannot tell the District what to do; it is not elected but collects 28 million dollars in taxes from Brevard County; and they say they do not have staff to make one phone call when the guy who opens the dam could call before it occurs. He stated that is what happens when un-elected governments make rules and regulations.

Chairman Higgs recommended Ron Jones, Surface Water Improvement Director, be the contact for the aquaculturists because the Division maintains information regarding fresh water issues. She stated she will write the letter and Mr. Jones will be the contact person.

Micah Savell advised the only time water has been released out there that would probably pollute it has been when there was a real crisis as far as flooding on the mainland; and if the clammers knew they were going to dump all the water out there, what measures could they take to prevent it if their clams are in the water. He stated that is his question from a practical standpoint.

Commissioner Cook advised they could move the clams, harvest them, and not plant seed clams if they knew what was coming; the last time the District discharged was during a major storm event, and it did contact the County; but the clammers have a right to know what is coming if the District is going to release C-54 since it impacts their business.

Public Works Director Henry Minneboo advised the Agenda Report outlines the topic that goes back to 1989; Mr. Spira is here and can address specific issues; and it is still his recommendation to enter into the Agreement.

County Manager Tom Jenkins advised Growth Management Director Susan Hann contacted him and indicated staff looked at the issue of the impact fee credit and felt it was appropriate.

Attorney Jack Spira, representing Atlantic Gulf Communities (AGC), advised in 1989, Atlantic Gulf or General Development, which was the predecessor, entered into an Agreement with the County to build a certain portion of Turtle Mound Road and sewer; and they gave the County $186,000 for the project. He stated sometime later controversy developed, the road was not completed, and the money that was held by the County was turned back to Atlantic Gulf Communities, stating the County would not do the road. He stated the County was told it had an obligation; right now he has an escrow account of about $239,000, which is the original $186,000 plus accrued interest to date; and they reached an agreement with the County staff to avoid a contested matter. He stated he worked with staff to come up with the Agreement that is before the Board tonight; there are two minor problems he has with it; paragraph 5 on page 3 says, "obligation of paragraphs 2.a. and 2.c. shall be pursued diligently to completion"; and he would like to change it to say, "shall be completed within one year thereof." He stated Mr. Minneboo has no objection to the change. Chairman Higgs inquired if that is true; with Mr. Minneboo responding that is correct. Mr. Spira advised the other change is in paragraph 11 which addresses the issue in the event something comes out of the permitting process that was not contemplated under the agreement, the parties agree amicably to discuss the issues and attempt to resolve it; and in the event a resolution cannot be reached, there would be "notice by the County to AGC that no resolution has been reached." He stated he wants to change that to say, "notice by either party to the other that no resolution has been reached." He noted with the exception of those two changes, they agree with the matter and request the Board consider it favorably. He stated it does resolve potential litigation; the money is there to construct the road, so it will have no fiscal impact on the County; and Mr. Minneboo agrees with the second

modification. Chairman Higgs inquired if Mr. Minneboo approves the changes to the agreement; with Mr. Minneboo responding yes.

Commissioner Cook requested the provisions of the agreement be summarized for the Board; with Mr. Minneboo responding, staff will construct a portion of a roadway called Hidden Creek, and in some cases Turtle Mound extension; it will start at Viera Boulevard and go south into Pinehurst where it intersects today; and the County will agree to do the upper portion for the amount of funds in the escrow account Mr. Spira referred to, which he hopes has $242,000 right now. He stated AGC will do the underground work, specifically the storm sewer, sanitary sewer, and be responsible for all the engineering on the project, as well as all the environmental concerns and other situations that may arise; so in general, the County will be responsible only for the upper portion of the road. He stated all the permits have been received from the Viera Company regarding its intersection with Viera Boulevard, and hopefully staff can proceed as outlined in the agreement. Commissioner Cook inquired if the $242,000 is adequate to compensate the County for what it has to do under the agreement; with Mr. Minneboo responding yes. Commissioner Cook inquired about Mr. Swanke's

concern regarding impact fee credits; with Mr. Minneboo responding as Ms. Hann pointed out to Mr. Jenkins, staff is satisfied it is adequate.

Commissioner Ellis advised AGC is not getting the sewer impact fee credit; it is a transportation impact fee credit; and that was part of Mr. Swanke's concern. Mr. Minneboo responded that is correct.

Commissioner O'Brien advised the item states, "Staff has determined that the requested impact fee credits are site related and therefore are not eligible for transportation impact fee credits." He stated it says one thing on one side and another on the other side, and it is slightly confusing.

Growth Management Director Susan Hann advised the initial situation asked staff to review including impact fee credits for sanitary sewer which clearly was not eligible; and they negotiated through the agreement with AGC and Mr. Minneboo's office, and determined that a transportation improvement of this nature would provide service to the public as well as the development and would be eligible for transportation impact fee credit. Commissioner O'Brien inquired if staff is saying they are eligible for transportation impact fee credits; with Ms. Hann responding yes, the fact that the improvement provides benefit to the public as well as the development makes it eligible for credit.

Commissioner Cook inquired why they did not apply under the normal procedure instead of having the Board make a commitment today; with Ms. Hann responding there is a desire to settle the matter that is in question; and the Board has the ultimate authority to grant impact fee credits. Mr. Jenkins advised it is typically done by an agreement, so it is not unusual.

Commissioner O'Brien inquired why is the County giving away $100,000; with County Attorney Scott Knox responding it is a negotiated settlement of a potential lawsuit where Mr. Spira has a 90% chance of winning; and if he wins, the County would end up paying for the road, sewer, and everything else, including the impact fee; so it is not losing $100,000 and may be gaining $200,000. Commissioner Ellis stated it goes back to 1989 when AGC put up the money to do the road, and it is just now being done in 1995.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement with Atlantic Gulf Communities for construction of a portion of Turtle Mound Road, from the existing pavement north to the north limits of the First Replat of a portion of Holiday Springs. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve the revised rules of procedure for Valkaria Airport Advisory Board. Motion carried and ordered unanimously.

Commissioner O'Brien inquired why is the Change Order before the Board again; with County Manager Tom Jenkins responding additional information was requested and is attached to the last page of the item.

Commissioner Cook stated he does not understand why the School Board facility faces east, the Government Center faces west, and the new Justice Center faces north; with Chairman Higgs commenting it is the global perspective.

Commissioner Ellis stated the Stadium faces southwest; and inquired if staff has the as-built drawings for the facility; with Facilities Construction Director Joseph Vislay responding yes. Commissioner Ellis inquired if there is a way to verify the as-builts; with Mr. Vislay responding he has not verified them, but the Facilities Management Division has used the documents since substantial completion and has not had any problems with them. Facilities Management Director Hugh Muller advised they have used the documents for four years and found no major challenges; CH2M Hill used the documents for its review of the indoor air quality and did not report anything strange or unusual; and there may be a glitch here and there, but they have not found them yet. Commissioner Ellis inquired if they had no problems with electrical wiring; with Mr. Muller responding no.

Commissioner Cook inquired if there are outstanding repairs or anything the Company may be liable for; with Mr. Vislay responding no. Commissioner Cook inquired if it was reviewed by the County Attorney; with Mr. Knox responding he did not review it personally. Commissioner Cook inquired if it meets the legal criteria; with Mr. Muller responding yes, the County Attorney's Office reviewed the Change Order.

Commissioner O'Brien inquired if the front facade of the Justice Center and the front door can be changed to face east instead of north; with Mr. Vislay responding it would be very difficult to change it now because of the way the security is set up within the facility. Commissioner O'Brien stated the front door faces the cow pasture and everyone comes in the back door from the parking lot; and inquired why can't it face the east and make the back door the front door; with Commissioner Ellis responding it is like taking a house and making the side of it the front; and it would have awkward problems, such as coming in the front door to a bedroom instead of the living room.

Commissioner Cook stated in order to come through the front of the Government Center, they have to cross a boulevard from the Justice Center; there is going to be a boulevard between the two facilities; and everyone has to traverse that boulevard. Commissioner Ellis stated he understood the site layout to have a walkway between the Government Center and Justice Center not a road; with Mr. Jenkins responding they are two separate sites received on two different occasions; and it has always been planned to have a road between the two. Chairman Higgs inquired if it is the extension of Stadium Parkway; with Mr. Jenkins responding yes. Commissioner Cook inquired if there is any legal problems; with Mr. Knox responding there is no legal problems; and he went over it with his staff at the last staff meeting when it was on the last Agenda.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with McDevitt, Street, Bovis, in the amount of $29,472, and approve release of final retainage in the amount of $205,558 to the Company for the Government Operations Center. Motion carried and ordered unanimously.

Todd Swearngen, 106 Reel Court, Sanford, owner and founder of The Great American Hemp Company in Orlando, advised he wants to address his concerns about the time frame that has passed in order to permitting people in Melbourne the right for a hemp awareness festival; the Board has a fact sheet about hemp as well as a copy of a letter he sent to each Commissioner last week addressing his concerns about the issue; and it would be foolish for him to attempt to try and dissuade the Board from some of its personal beliefs about what it believes the entire event is going to be comprised of. He stated as a business owner and professional person, although it may be a business the Board may have some concerns with, last year's festival was the most profitable event for them as a business; it had the best security and attitude of the people there; and it was professionally maintained as opposed to many events he attended. He stated he thoroughly enjoyed it; he saw a salt and pepper audience throughout the whole event, ranging from 90 years of age to newborn infants in mothers' arms; and they had grandmothers come up to them with gleams in their eyes saying they were glad they were doing this and remember when they were small girls on the farms and used to grow the product for agricultural purposes. Mr. Swearngen advised one of the biggest reasons he is in the business is to educate the public or consumer about the product; and it is an agricultural commodity that has been expunged from the marketplace by deceit on the part of government, and by mis-representation and dis-information. He stated he cannot make any dissuasions of the personal preferences, opinions, or belief systems about the hemp plant at this time; it is something that takes a little bit of thought; but he would like to request the Board put aside its inner differences and consider the permit in the same fashion it would any other permit, whether it be an Octoberfest, Surf Fest, or whatever. Mr. Swearngen stated it is not a far leftist type of event with hippie dope smokers, but people who actually are concerned about the environment and who see where this product can go back into agriculture and commerce and create great strides as far as benefitting humanity. He stated he has five years of police memorandums of Octoberfests, not including this year; Chief Chandler basically did a synopsis of the events; in 1990, six persons were arrested on nine different charges, ranging from public disturbances and disturbing the peace to spouse abuse at Octoberfest events; and they had disturbances where people objected to inappropriate behavior, but there were no arrests. He stated most of the Commissioners and Parks Department have objections to the hemp festival; they agree it is against the law for people to smoke marijuana; but the behavior of those people at last year's hemp festival were no where near aberrant as far as their reflection upon other societal members, whereas, at Octoberfests they see much more outlandish behavior in a much shorter period of time, yet it is condoned by society. He requested the Board look at the reality of what happened last year as opposed to a fictional picture that may have been presented through historical presentation or by people who have professed to know what

happened. He reiterated security was tight; he walked through the parking lot many times to get merchandise from his vehicle and was asked what he was doing at that car; and he takes personal exception to Mr. Rosenthal asking people to imbibe in civil disobedience. He stated those who promoted the event were not expecting that or hoping for it; so when the permit is up for review, he hopes the Board will put aside its differences and come out to the festival and catch the gleam in the grandmother's eyes and see people actually being educated. He noted Glen Ryder had to leave early and is not here to speak.

Upon motion and vote, the meeting adjourned at 10:10 p.m.

ATTEST: ________________________________

NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

__________________________

SANDY CRAWFORD, CLERK

(S E A L)