The Board of County Commissioners of Brevard County, Florida, met in regular session on October 31, 2000, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Captain Allen Johnson, Commanding Officer of the Salvation Army Melbourne Corps.

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

REPORT, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Scarborough stated the East Central Florida Planning Council is in the process of putting together a contract with the Orlando Chamber of Commerce to do a $2 million regional study; and he asked Sandra Glenn and Jacob Stuart to come to the Board to provide an overview of the contract. He stated he was told by Malcolm McLouth that the Canaveral Port Authority would pay half of the County's fee.

Chairman Higgs stated the Port is interested in contributing; and the meeting with Ms. Glenn and Mr. Stuart will be scheduled in November.

REPORT, RE: HALLOWEEN

Commissioner O'Brien stated according to the Discovery Channel, Halloween is a tradition that came from Ireland; and it started with wearing masks to scare away evil spirits.

REPORT, RE: SAVE THE BEACH INITIATIVE

Commissioner Carlson stated on September 13, 2000 Barbara Debrinsky of the Satellite Beach Women's Club made a presentation on the Save the Beach Program; Satellite Beach has been trying to acquire properties along the beachside for public use; and they need additional funds to capture Preservation 2000 grants. She stated they have $510,000 for two parcels on the beach, but need $620,000; and they need to come up with $110,000. She stated she asked if any Commissioner had extra Beach and Riverfront funds; a couple of Commissioners indicated they might have funds; and she is looking for confirmation.

Commissioner O'Brien suggested calling Parks and Recreation to see what the balances are. Commissioner Carlson stated she already did that.

Chairman Higgs stated the need for a South Brevard boat ramp is critical; that is her priority; and if there are funds left that qualify, she would be happy to work with the City. Commissioner Carlson inquired if Commissioners Scarborough and Voltz have any input; with Commissioner Scarborough responding not at this time, and Commissioner Voltz advising she will address it under her report.

REPORT, RE: PROJECT IMPACT

Commissioner Carlson presented a video on Project Impact, emergency preparedness, and what the designation means to the County. She stated the indication is the designation is going to pay off over time; FEMA Director James Witt will come to the County to designate it as a Project Impact Community; and the County has received funds from FEMA to fill the coordinator position. She advised of efforts to get the community involved; stated it is necessary to pull in the private sector; and the County is sending five delegates to Washington, DC for the Project Impact 2000 Conference.

REPORT, RE: PURCHASE OF CORNERSTONE AND COHEN PROPERTIES

Commissioner Voltz stated $110,000 is needed from Beach and Riverfront for two sites in Satellite Beach; she has offered funds for different projects in South Brevard, but no one has taken her up on her offers; and the Satellite Beach parcels are important to the community.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve allocation of $110,000 from District 5 Beach and Riverfront account toward the Satellite Beach purchase of the Cornerstone and Cohen properties; and direct staff to prepare all necessary agreements to complete the purchase. Motion carried and ordered unanimously.

Chairman Higgs stated that will come back to the Board possibly at the first meeting in November 2000.

Commissioner Carlson thanked Commissioner Voltz for the donation; and stated it is an important step to make sure the County is participating in the effort to preserve the beachfront.

Bob Bolin, Mayor Select of Satellite Beach, expressed appreciation for the donation; and stated by the time they finish buying the beachfront property along Satellite Beach, they will have the longest public beach on the east coast of Florida. He stated they are particularly interested in buying one piece that has a structure that they plan to use as the new home of the Turtle Preservation Society and as an environmental educational center.

Commissioner Voltz stated when she saw some of the recent condominium construction projects on the beach, it reminded her of Ft. Lauderdale. Chairman Higgs stated everyone benefits from the preservation of the beaches.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR VIERA, TRACT K

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution releasing the Contract dated November 30, 1999 with The Viera Company for Viera, Tract K Subdivision. Motion carried and ordered unanimously.

EXTENSION AGREEMENT WITH DAVID GRAVAS, RE: IMPROVEMENTS TO PARSLEY AVENUE, EXTENSION B

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Extension Agreement with David Gravas guaranteeing infrastructure improvements to Parsley Avenue, Extension B. Motion carried and ordered unanimously.

AUTHORIZE APPLICATION TO FLORIDA DEPARTMENT OF TRANSPORTATION, AND DESIGNATE REPRESENTATIVE, RE: TRANSPORTATION OUTREACH PROGRAM FOR ASTROTECH SPACE OPERATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize an application to Florida Department of Transportation for a Transportation Outreach Program grant, on behalf of Astrotech Space Operations, Inc., to clear obstructions for passage of large space flight components between Astrotech and the Cape launch facilities; and designate the County Manager or his designee as the authorized representative. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCES NOS. 97-06 AND 99-40, LOCAL OPTION GAS TAX

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance amending Local gas Tax Ordinances Nos. 97-06 and 99-40. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: FEASIBILITY STUDY FOR HVAC INCENTIVE FOR SUNTREE/VIERA PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with Florida Power & Light Company to initiate a thermal energy storage feasibility study at Suntree/Viera Public Library. Motion carried and ordered unanimously.

RESOLUTION SUPPLEMENTING SALES TAX REFUNDING AND IMPROVEMENT REVENUE BONDS, SERIES 1993, RE: INCLUDE SUNTREE/VIERA AND MELBOURNE BEACH PUBLIC LIBRARIES

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution supplementing Sales Tax Refunding and Improvement Revenue Bonds, Series 1993 to modify the initial project to include the Suntree/Viera and Melbourne Beach Public Libraries construction projects. Motion carried and ordered unanimously.

REQUEST FOR INSTALLMENT PAYMENT PLAN, RE: WATER CONNECTION FEE

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant request from Geneva Graham for installment payment plan for water connection fee of $212.22 for 12 months. Motion carried and ordered unanimously.

ACKNOWLEDGE RESPONSE FROM SCGTV COUNCIL, RE: POLITICAL PROGRAMMING

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to acknowledge response from Space Coast Government Television Council regarding SCGTV procedures, standards, and guidelines for political programming. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: TANGIBLE PERSONAL PROPERTY FROM AGRICULTURAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve removal of Panasonic video recorder, PR #2140237, and ComfortAir air conditioner, PR #6020318, from the Agriculture Services' inventory. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: TANGIBLE PERSONAL PROPERTY FROM ENVIRONMENTAL HEALTH SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve removal of a Unisys computer, PR #0192418, from the Environmental Health Services inventory. Motion carried and ordered unanimously.

AGREEMENT WITH PMI, RE: FINANCIAL ADVISORY SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with Public Financial Management, Inc. (PMI) to serve as financial advisor for Brevard County. Motion carried and ordered unanimously.

SETTLEMENT OF CLAIMS, RE: HOWARD EVARTS AND DONNA EVARTS V. BREVARD COUNTY AND ALAN S. HAMMER V. BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize settlement of claims for Howard Evarts and Donna Evarts v. Brevard County, and Alan S. Hammer v. Brevard County in the amount of $98,590. Motion carried and ordered unanimously.

FLORIDA INLAND NAVIGATION DISTRICT GRANT APPLICATION AND ACCEPTANCE, RE: OUTBOARD MOTOR FOR SHERIFF'S OFFICE AGRICULTURE/MARINE UNIT

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept grant from the Florida Navigation District for the purchase of one outboard motor for boats currently in use by the Sheriff's Office Agriculture/Marine Unit with the grant providing $5,739 and a cash match of $1,913 for a total cost of $7,652. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

CONFIRMATION OF ASSISTANT COUNTY MANAGER, RE: STOCKTON WHITTEN

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to confirm the appointment of Stockton Whitten as Assistant County Manager; and approve the revised Organizational Chart. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING THE COMMUNITY BAND

Commissioner O'Brien read a loud a resolution recognizing The Community Band for receiving the Sudler Silver Scroll Award.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution recognizing The Community Band for receiving the Sudler Silver Scroll Award. Motion carried and ordered unanimously.

Chairman Higgs stated everyone has enjoyed The Community Band's performances; and congratulated the band on its achievement. Commissioner O'Brien presented the Resolution to representatives of the band.

A representative of The Community Band advised the band is open to any one who plays a musical instrument; it is a volunteer organization; and there are no audition requirements. He stated if a person is interested, he or she can come to a rehearsal, and if he or she wants to be a part of the band, he or she can become a permanent member of the organization; and the ages range from high school age to 86 years of age. He stated the rehearsal site is at Brevard Community College in Cocoa; and advised of upcoming performances. Another representative of the band stated the phone number is 452-5725; and advised of additional upcoming performances in Cocoa Village and Titusville.

PERSONAL APPEARANCE - ROY BRIDGES, KSC DIRECTOR, RE: UPDATE PRESENTATION

Roy Bridges, Director of Kennedy Space Center, stated in the past they built a spaceport out of the swamps on the east coast of Florida, which is now the place for space; and they are working with others to build an outpost 250 miles in orbit. He stated this morning at 2:50 a.m. EST, the first expedition crew to the International Space Station launched; and when they begin living in the Space Station on November 2, 2000, it will begin a period of permanent occupation that will continue over the next 15 years. He presented a video showing the dawn of the new era in space exploration; stated they are working with 15 international partners to construct the station; and commented on the complexity of the Space Station in terms of engineering and cultural integration. He stated the construction began with the first Russian element in November, 1998; now pieces will be added in rapid sequence; and the shuttle Discovery just returned from a construction mission. He commented on future construction missions that are currently undergoing final tests and integration, the buildings which house the construction missions, the size of the Space Station when complete, 43% of the Station being either in orbit or final processing, and working in space. He stated during the last mission, there were four space walks; they will be doing over 1,900 hours of space walks in building the station; and they will have some robotic help. He commented on operation of the robot arms on the shuttle and on the Space Station, using robot arms to prevent doing additional space walks, and connection of the U.S. Space Laboratory in January. He stated the next mission will go up in November, 2000, and will install the trusses on which the large solar ray and radiator will be mounted, which will provide electrical power and cooling. He stated there are several more years of construction before the full Space Station is completed; the U.S. Space Laboratory will have research capability and a home for three astronauts or cosmonauts; but when the entire Station is finished, it will accommodate seven astronauts or cosmonauts for an extended period in space. Mr. Bridges stated it will take 37 U.S. shuttle flights and nine Russian flights to finish the Station; four have already been flown, and there are 42 to go; and explained how all the pieces will come together. He stated the purpose of the Space Station is to do research; there will be room for 33 research racks; and explained how the racks are transported. He stated the research will span a wide range of disciplines; they do not know what types of products may result from the research; and advised of products that were the result of the space program to date. He stated up to 30% of the research capability on the Station will be offered for commercial purposes; and advised of the possibility of competition for places on the Station. He stated thanks to a partnership with the State of Florida, Kennedy Space Center is going to be building a world-class ground floor for the micro-gravity laboratory in space; and commented on the Space Experiment Research and Processing Laboratory (SERPL), the Board's support last year, allocation by the Legislature of $14 million, second increment of $16 million in this year's budget, and need for the Board's continued support. He advised the facility is in the design phase, and a construction manager has been selected; and they are working on agreements with the Florida Space Research Institute on how to manage the research in the building once it is completed. He stated the official groundbreaking will occur after the first of the year, and the Board will be invited to participate; and expressed appreciation for the Board's continued support. He stated this is another step toward making sure that Cape Canaveral Spaceport is the spaceport for the future; they are working to reduce the cost of getting into space; and perhaps in 50 years, people will be going into space from KSC much in the way they now go to the Port to get on cruise ships. He advised of a community open house being held at Kennedy Space Center on Saturday, November 4, 2000 from 9:00 a.m. to 3:00 p.m.; and explained how the public can get the necessary placards to attend. He commented on the success of the United Way campaign at KSC and the Days of Caring volunteer project.

Commissioner Scarborough advised of support last year from surrounding counties; and inquired if Mr. Bridges would like another letter from Orange County Chairman Mel Martinez in support of the next $16 million.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to send letters to Commission Chairmen of adjoining counties, including Orange County Commission Chairman Mel Martinez, requesting support for the second increment of funding for SERPL by the Florida Legislature. Motion carried and ordered unanimously.

Chairman Higgs stated the Board will try to get support from the area. Mr. Bridges expressed appreciation; stated the Spaceport is important for the entire State; in order to get the Legislature to pay attention, it is necessary to let them know when something is important; and it is important to finish this project this year.

Commissioner O'Brien stated Kennedy Space Center is an integral part of the community; and commented on the need for partnership. Mr. Bridges stated KSC will try to continue to be better partners in the future; and distributed placards to the Board. He noted the open house is on a first-come, first-serve basis.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO MSI OF CENTRAL FLORIDA, INC.

Chairman Higgs called for the public hearing to consider an ordinance granting economic development ad valorem exemption to MSI of Central Florida, Inc.

Commissioner Voltz stated MSI will install two new manufacturing production lines, test equipment, and related support equipment; and the company will hire 34 new employees averaging $30,471 annually.

There being no further comments, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance granting an economic development ad valorem exemption to MSI of Central Florida, Inc. located at 7703 Technology Drive, West Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by MSI of Central Florida; providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay.

Chairman Higgs noted she voted against the motion not because she is against the company, but because she is against the abatement concept.

Commissioner Scarborough stated the County is also involved with helping Boeing and Lockheed with expendables; Item III.A.3 was to assist Astrotech; and many times the Board is playing a role it never did in the past, and it should be proud. Chairman Higgs stated the regional effort Commissioner Scarborough started when he was Commission Chairman brought in the other counties; and that was significant in getting support for SERPL.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-1151(d), 62-1482(3), 62-1483(3), 62-1102, 62-1941.5, 62-1540, AND 62-2272, PERFORMANCE OVERLAY DISTRICTS

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Sections 62-1151(d), 62-1482(3), 6201483(3), 62-1102, 62-1941.5, 62-1540, and 62-2272, Performance Standards.

Commissioner O'Brien stated he spoke with the Merritt Island Redevelopment Agency Board; and it has no further problem with the proposed ordinance.

Chairman Higgs stated Nancy O'Hare submitted a card. Ms. O'Hare advised if there are no changes to the proposed ordinance, she has nothing to add.

There being no further comments, motion was made by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 2, Subdivision 1, specifically amending Section 62-1151(d), "Public Hearing before Board of County Commissioners," to add a second public hearing for performance overlay district applications, amending Article VI, Division 4, Subdivision VI, specifically amending Section 62-1482(3), "General Retail Commercial (BU-1)," to add performance overlay districts as a conditional use permit; specifically amending Section 62-1483(3), "Retail, Warehousing and Wholesale Commercial (BU-2)," to add performance overlay districts as a conditional use permit; creating definition for performance overlay districts under Article VI, Division I, Section 62-1102 for clarification of use; adding Article VI, Division 5, Subdivision III, Section 62-1941.5, conditional use permit requirements for performance overlay districts; amending Article VI, Division 6, Subdivision III, Section 62-1540; adding Article VI, Division 6, Subdivision III, Section 62-2272, Performance standards for performance overlay district; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-2102 AND 62-1102, ALTERATION OF LOT AND CORNER LOT

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 62, Sections 62-2101 and 62-1102, Alteration of Lot and Corner Lot.

There being no comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Section 62-2102, by clarifying regulations regarding alteration of existing lots; amending Section 62-1102, by clarifying the definition of a corner lot; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances. Motion carried and ordered unanimously.

CONSIDERATION, RE: FEE WAIVER FOR VFW POST 8191

Jeff Moore advised of a letter VFW Post 8191 sent to Ms. Busacca; with Chairman Higgs responding the Board has copies of the letter. Mr. Moore stated some time ago the State, through the widening of U.S. 1, took their Post, which has since been torn down; but prior to that they rezoned their property to BU-1. He displayed a layout of the property showing the new building; and stated to the north of the new building they intend to use the area for dry storage for VFW members only. He requested a waiver or reduction in fees to go through the rezoning process from BU-1 to BU-2. He stated had they known in November when they came in for the rezoning, they would have requested BU-2 at that time instead of BU-1.

Motion by Commissioner Voltz, to approve request by VFW Post 8191 regarding a waiver of fees for a rezoning on property identified as Lots 5 and 6, Subdivision 52, Section 32, Township 26, Range 37 (4130 North Harbor City Boulevard).

Commissioner Carlson stated staff is currently working on a corridor study, and there is a possibility BU-2 will be done there administratively, which would save the VFW money without the Board having to waive the fee. Planner Todd Corwin stated staff will be examining the U.S. 1 corridor, and will be looking at land uses and the appropriateness of certain classifications along that corridor; and they expect the study to be completed in six to eight months. Commissioner Carlson inquired if the Board waived the fees, does it set a precedent; with Mr. Corwin responding it is precedent in that it is the first time it has come to the Board as an Agenda item, but there have been some fee waivers for not-for-profit organizations under Personal Appearances.

Chairman Higgs inquired how long will it take for the rezoning to go through; with Mr. Corwin responding the earliest it would be done would be the first of February. Chairman Higgs stated it would be six months beyond that for the administrative rezoning; with Mr. Corwin advising that is correct. Chairman Higgs inquired is the VFW currently building a new facility; with Mr. Corwin responding affirmatively. Chairman Higgs inquired about the likelihood of the VFW being able to use the BU-2 parcel before the Board sees the administrative rezoning; with Mr. Corwin responding he does not know what the VFW's plans are in terms of how soon they will need the particular land use, but they are constructing a new facility. Commissioner O'Brien stated in the past the Board has put moratoriums on Code Enforcement action. Commissioner Voltz inquired if there is presently a Code Enforcement issue. Commissioner Carlson inquired what is the likelihood of the parcel becoming BU-2 as a result of the study. Mr. Corwin responded the corridor has one BU-2 parcel farther north, so there is precedent for BU-2; however, in that area, there is no BU-2; and it is primarily BU-1 along the frontage with some residential zoning behind it. Commissioner Carlson stated she is uncomfortable making the change until the study is completed, and it may not be necessary to waive fees if the study proves that BU-2 is appropriate. Chairman Higgs stated it may delay the Post's use for a little while, but it would not be that detrimental; and the County could move forward treating the Post consistently with everyone else in the corridor. She stated the fee covers advertising costs that would be incurred by the County; and the Board can assist the Post, but not in the way that was envisioned.

Commissioner Scarborough stated the fee is only $627; and there are a lot of extenuating circumstances. He seconded the motion.

Commissioner Voltz stated there could be Code Enforcement fines, which the Board may waive. Commissioner Scarborough stated the Board can bog itself down in discussions that would far exceed $627 in cost.

Chairman Higgs inquired if the VFW is using the parcel now for storage; with Mr. Moore responding no. Chairman Higgs inquired when would Mr. Moore be ready to use it; with Mr. Moore responding they should be getting a CO on the new building in mid-December. Chairman Higgs stated if the Board chooses to vote for the waiver, it is not an indication that the zoning will be approved.

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

APPROVAL TO COMPLETE SITE ACQUISITION, RE: VALKARIA/GRANT FIRE STATION SITE

County Manager Tom Jenkins stated what is before the Board is a proposed site for a fire station in Valkaria; they found one parcel in the proximity of the Valkaria Airport; and they need to do a title search, appraisal, survey, environmental audits, and geotechnical survey, if necessary, and negotiate with the FAA. He stated while they are doing that, they would like Board permission to look for other sites in that general area; and if they can find a private site independent of the Airport, it may be more expedient.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to initiate the acquisition process for a 3?-acre parcel of property located on FAA property on the west side of Valkaria Road, south of Greenbrooke Street (entrance of Valkaria Airport), including, but not limited to, acquiring title search, appraisal, survey, environmental audits, and geotechnical survey (if necessary); and authorize staff to negotiate a contract with the property owner. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - ANTHONY HARTMAN, RE: CONCERNING DUAL TAX SYSTEM

Chairman Higgs inquired if Mr. Hartman is present; and no response was heard.

The meeting recessed at 9:59 a.m. and reconvened at 10:15 a.m.

CONSIDERATION OF REQUEST FOR COMPREHENSIVE PLAN CONSISTENCY REVIEW, RE: BUCCANEER GAS PIPELINE PROJECT

Paul Chipok, representing Gray Harris and Robinson on behalf of Buccaneer Pipeline, stated he is present to answer any questions, and hear what staff has to say on the item.

Maureen Rupe stated her concern is that she has not gotten an answer to the question she asked last time about the ATV's and dirt bikes; Buccaneer obviously has a big concern because it is included in the package; and it could warrant the County getting more safety measures, such as having the line deeper. She inquired what impact would it have on the line if ATV's and dirt bikes were riding along it on a daily basis; and noted that is what is happening along the FP&L right-of-way in Port St. John and Canaveral Groves.

County Attorney Scott Knox stated Maribel Nicholson-Choice, the consultant who will be guiding the Board through this process is present; and requested she address the issue.

Maribel Nicholson-Choice stated she had an opportunity to talk to Buccaneer Pipeline Company's counsel, and they are in the process of arranging a meeting early next week to discuss the issues regarding how the proposed pipeline project interfaces with the Comprehensive Plan, and to address any concerns of staff. She stated they anticipate being able to work through those issues and get up-to-date factual information regarding the environmental and public safety issues; and they are shooting for a mid-November deadline to resolve those issues and bring it to the Board.

Chairman Higgs inquired if staff has anything to add; with Planner Todd Corwin responding not at this time.

Commissioner Scarborough stated the Buccaneer people met with the community concerning safety; there is interest in having additional gas in the community; and the Board would like to work with Buccaneer to make this happen so it is mutually beneficial.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table consideration of request for Comprehensive Plan Consistency Review for the Buccaneer Gas Pipeline project to the November 14, 2000 Board meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: STATUS OF PAYDAY LOAN ORDINANCE

Commissioner Scarborough stated previously the Board adopted an Ordinance on title loans; it was done in conjunction with other counties; today there was an editorial in the Orlando Sentinel concerning payday loans; and inquired about the status of that ordinance. County Attorney Scott Knox stated someone is working on it, but he is not sure of the status. Commissioner Scarborough stated Seminole County has an Ordinance that the Board could use as a base and work from it.

PERSONAL APPEARANCE - ANTHONY HARTMAN, RE: CONCERNING DUAL TAX SYSTEM (CONTINUED)

Anthony Hartman submitted paperwork to the Board; and advised of his address and background as Director of the Citizens Intelligence Agency and author of the book, Tony Hartman, Second Class Citizen, the Injustice of Justice. He requested Judge Charles Holcomb remove Jim Ford's name from the ballot for Property Appraiser and Scott Ellis' name from the ballot for Clerk of Courts. He stated the veterans, citizens, and second class citizens have had enough, and will not accept a dual tax system where Mr. Ford assesses first class citizens lower than second class citizens; and compared assessments of first and second class citizens. He stated he will not accept having two men trained in the art of killing, harassing, badgering and putting his life in danger; and his secretary was so frightened, she will not go to any more Value Adjustment Board (VAB) hearings. He stated when a second class citizen goes to the VAB, Mr. Ford or the Clerk of Court makes fraudulent entries in the court computer; and advised of examples. He stated Mr. Ford uses fraudulent documents to extort money, and harass and badger him; and the Commissioners and School Board members are in a conspiracy with Mr. Ford to extort money from him. He stated this conduct perpetuates and glorifies the illegal acts against a second class citizen; and the condition exists only because Governor Bush and the Attorney General run an extortion protection ring, and refuse to enforce State laws. He stated he has filed a criminal complaint with the Attorney General; the Attorney General, by letter, implied the Property Appraiser, Commissioners, and School Board members are above the law; and the Attorney General will take no action. He stated the Attorney General is not paid by the State to protect second class citizens; the Attorney General said if someone has money, he or she should hire an attorney or forget it; and he implied if a second class citizen files any legal action against a Property Appraiser and/or member of the Value Adjustment Board, the State pays him to represent and protect them in a court of law. He stated he is a staunch defender of the United States Constitution that states that all citizens will receive equal justice and taxation; and there is no provision in the Constitution that a State government can classify citizens as first or second class citizens for the purpose of making the assessments of second class citizens higher than the first class citizens. He inquired what can be done about this; and commented on accuracy of court records and the dimensions of his property.

Commissioner Scarborough advised the Board does not have jurisdiction over the assessment process; it is a separate Constitutional office; and there is methodology to challenge it.

ANNOUNCEMENT, RE: EXECUTIVE SESSION

Chairman Higgs advised the meeting will recess so the Board can go into executive session, and will reconvene at 11:00 a.m.

The meeting recessed at 10:27 a.m. and reconvened at 11:00 a.m.

DISCUSSION, RE: LOCAL AIR POLLUTION CONTROL REPORT

Chairman Higgs requested the County Attorney and the consultant report on what they have been able to find out prior to going to the speaker cards.

Maribel Nicholson-Choice, of the Greenberg Traurig Law Firm, stated she is happy to be present to discuss her September 26, 2000 memorandum to Mr. Knox regarding the proposal of establishing a local air pollution control program in the County; the goal of her memorandum was to outline some background information to help the Board make a decision about whether it wants to proceed with such a program; and she also outlined some of the local air regulatory options that the County can perform by delegation from the Florida Department of Environmental Protection (FDEP). She stated she included some administrative costs associated with existing programs; there are a total of nine programs; and each vary according to a specific operating agreement that each county has negotiated individually with FDEP. She stated the final section in the memorandum outlines recommendations which includes a draft air pollution control ordinance for the Board's review. She stated the first issue is air quality; her first goal was to get an assessment based on the FDEP data and EPA standards on air quality in the County; she found that Brevard County is in attainment for all criteria pollutants, noting criteria pollutants are those that are established based on health standards; and in the County there are monitoring stations that are being operated by FDEP.

Commissioner Voltz inquired what does that mean; with Ms. Nicholson-Choice responding based on the criteria established by FDEP, air quality is protective of public health.

Ms. Nicholson-Choice stated it is not necessary to have an air problem in the County in order to decide to proceed with establishment of a program; Sarasota County is in attainment for ozone and particulate matter, but has a program up and running; and it is within the Board's authority to decide if it wants a program to prevent air pollution. She stated she reviewed all of the local air pollution control programs; there are nine of them; she reviewed their Operating Agreements with FDEP and their Ordinances; and based on her review, she found there were three major functions that the counties were performing. She stated air monitoring was the first function; it appears to be the least formal relationship a county can establish with FDEP; and in this relationship, the county would administer the air monitoring stations within county limits. She stated in 1993, the County had such an Agreement with FDEP, but funding was not sufficient, and that relationship was mutually terminated in the early 1990's. She stated she has not talked to FDEP about that termination; and one of the first steps, if the Board decides to move forward with the program, is to evaluate the air monitoring costs and decide if the Board wishes to reinstate having County staff administer the air monitoring stations. She stated the other major function performed by counties that have operating agreements with FDEP is the permitting function; FDEP has exclusive authority in Title V permitting, but can delegate some functions; and advised what is being done in other counties. She stated she also found some compliance functions that are being performed; all of the approved programs have some kind of compliance function from a Code Enforcement or citation perspective; and explained the compliance function. She stated the three major functions being performed by approved programs are monitoring, permitting, and compliance; and she also found that the costs associated with each program depend on the functions that are being performed. She compared Sarasota County to Brevard County; and stated she outlined some of their administrative costs associated with their program. She advised Sarasota County is not receiving money from the general revenue; and there is an array of sources of funding, including local money, State money, and federal grant money. She advised the money provided through the State comes from the tag fees. She stated she also outlined some administrative costs associated with Pinellas County's program. She stated her recommendations are based on the analysis and research that she conducted; and if the Board wants to proceed with establishing a program, the first step would be to meet with FDEP and discuss the draft ordinance. She stated in order to become an approved program, FDEP has to approve the ordinance; and she reviewed all the existing Ordinances, and came up with components that together would address the initial establishment of a program in the County. She stated some counties are doing more, but the very least the counties are doing is included in the draft ordinance which was attached to the memorandum as an exhibit. Ms. Nicholson-Choice advised the first section of the ordinance includes definitions; the ordinance has to be comparable or stricter than State standards, so she has included all of the definitions that are under State rules on air regulation and added a standard for nuisance odor; there is a State objectionable odor standard that is applied, depending on funding from the State; and to the extent there are specific local nuisance odor issues, she has added the definition specific to nuisance odor in Brevard County. She advised of the standard; and stated it is similar to that of Broward County and Jacksonville. She stated Section 2 outlines the authority for the ordinance, and establishes that the Board has an intent to enter into a contract with FDEP to monitor the air monitoring stations, and intent to pursue having a program. She stated Section 3 provides for penalties for violations, and has two components; and the goal is to provide as much teeth as possible for the ordinance. She stated the first component provides for a fine under Chapter 162, which is $500 per offense, with each day of the offense considered a separate offense; under Chapter 162.22, there would be provision for a term of imprisonment not to exceed 60 days for violation of the ordinance; and the other component allows penalties to be assessed under Chapter 403 to the extent that the ordinance is adopted and approved by FDEP and the County's standards become a special condition of the permit. She stated that means if the standard is part of the special conditions and there is a violation, the penalty could be $10,000 per offense, with each day considered a separate offense; and that provides a substantial amount of teeth for the ordinance. She stated this can also be used in conjunction with injunctive relief and other remedies available to the County in addressing violation of ordinances; and it is not mutually exclusive. She stated Section 4 outlines what would trigger a violation of the air pollution ordinance; and Section 5 outlines the enforcement process. She advised the enforcement process is a necessary portion of the ordinance in order for it to be approved by FDEP; it mirrors a Code Enforcement officer's job through a citation process, and provides a format of a citation that is similar to what is being used now by Code Enforcement; and it also provides that the citation would be deposited at the County court and that a hearing would be held unless the person accused agrees to pay the fine in advance. She stated Section 6 outlines duties associated with the Natural Resources Management Office, and provides authority to contract for scientific information. She stated Section 7 creates a trust fund where all funds that would be gathered as a result of violations would be deposited to be used for administration of the program; and that would be in addition to funds that the County would be eligible for from State and federal sources. She advised Section 8 provides a right of entry provision for inspections by consent of the facility owner; and in the event it is not possible to get consent, it provides for an inspection warrant process that could be issued by a judge. She stated Sections 9 and 10 adopt the State standards on permitting, which means if there is a violation of a State permit, it is automatically a violation of the ordinance; Section 11 provides that the ordinance will apply throughout the County; Section 12 repeals an obsolete provision in County Code relating to air pollution; Section 13 provides the severability clause; and Section 14 provides an effective date.

Ms. Nicholson-Choice stated the first recommendation is for the Board to authorize Greenberg Traurig and staff to meet with FDEP to review the draft air pollution control ordinance, and authorize them to negotiate a contract with FDEP so County staff would be able to operate the air monitoring stations that are located in the County. She stated the next recommendation is to establish a more cooperative relationship with FDEP so information will be available regarding accidents and any exceeding of emissions by any Title V source. She stated the following recommendation is to meet with the EPA Region 4 to discuss strategy to amortize Title V sources located in the County, which was initially one of the major concerns of the Board; and as a result of their research, they found that EPA is focused on amortizing coal-fired power plants, and oil-fired power plants are not currently on the list. She noted they go year by year in setting priorities, and accept input from counties and cities that have concerns. She stated the next recommendation involves re-establishing a relationship with FDEP so staff will have an opportunity to review draft permit applications and provide input prior to a permit being issued. She stated she also identified some long-term actions including hiring an air consultant for technical expertise; she found that although all the existing air pollution control programs have home charters, many have been established under a Special Act; and the Board may want to consider that as it may play a role in funding sources and prioritizing of funding sources.

Attorney Leonard Spielvogel, representing Sea Ray Boats, stated Brevard County is an attainment county, which makes him wonder why the County would be thinking about undergoing such an expensive program; and he is opposed to the proposal. He stated the question may arise whether his client is concerned about the promulgation of such on ordinance, and the answer is no; Sea Ray Boats meets the air quality requirements of the State and County; there have been complaints about the smell of styrene from the facility; Sea Ray is going through an expansion program; and as part of it will be addressing the existing facility as far as styrene is concerned. He stated the smell is the only complaint that has been expressed by the neighbors; it is noticeable, but is not a health hazard; and the renovations of the existing facility will remove 80 to 90% of the objectionable odor, so he does not see that as a problem. He stated the question is whether the air pollution program is needed in the County, or whether the money could be better spent elsewhere; and commented on the counties which currently have programs, seven of which have experienced serious air quality problems. He noted Sarasota County, which has not been classified as having a problem, has adopted a limited program. He stated if there is a problem in any county, it is the automobiles, but they are not addressed because people love their automobiles; the Sarasota program only addresses fixed facilities; in Brevard County in 1999, there were over 590,000 registered vehicles, not including the tens of thousands of cars that pass through the County on I-95; and unless the State goes back to vehicle inspections, it will not be addressing the long-term concerns. He stated if there was any problem with his client, it would be reconciled as a result of the building and construction they are undertaking; and he will be discussing it with staff in a few days.

Maureen Rupe read a statement from the Port St. John Homeowners Association, "Dear Commissioners, the Port St. John Homeowners Association strongly urges the adoption of a clean air ordinance within our County. A clean air ordinance is required not only for the County as a whole, but in particular to the community of Port St. John where pollution from two power plants is affecting the air quality. We feel it is imperative for you to support this issue. Thank you." She stated as an individual, she thought the ordinance was good; but inquired if the people are protected from the grandfathering in of the two power plants. She advised of a great outcry in Port St. John in 1993 concerning emissions from OUC; the State was involved at that time, and agreed to monitor and provide equipment to County staff; but there was some misunderstanding and the whole thing died. She stated at the same time the County requested the Legislature pass a special act enabling it to enact an air quality permitting program more stringent than the State's program with the justification that there was pollution in the County, but it was turned down; however, over the next few years OUC cleaned up to an acceptable emission which was approximately 75% natural gas and the rest oil. She stated since Reliant has taken over OUC, it is back to polluting emissions; and advised of complaints in Port St. John about the emissions. She stated there are eight Title V polluters in the County, and Oleander will be one more; and requested the Board do everything it can. She stated this is an ongoing problem; and advised of people with allergies, asthma, and coughing. She stated they tried to get people together to get some data to give to the State; but it is hard to prove in court that the air quality is causing the problems. She stated the people have the right to clean air.

Doug Sphar, representing the Sierra Club, Turtle Coast Group, stated the Sierra Club is pleased that the County has taken the first step toward protecting the air quality in the County; clean air coupled with a healthy lagoon provides a great economic benefit to the County; high-tech, high paying companies want a quality environment for their employees, and tourism and eco-tourism are also increasingly important components of the County's economy. He stated as Ms. Nicholson-Choice pointed out, the County has experienced some recent episodes of non-attainment with ground level ozone standards; and advised recent studies in California show that ground level ozone can cause permanent damage to the developing lungs of children. He stated Mr. Spielvogel questioned why have the program since there is clean air; and his response is Sierra Club wants the air to stay that way. He stated there was also concern about the automobile; and Sierra Club is concerned that there is a need to have more focus on infill type of development and mass transportation solutions in the County to minimize dependence on the automobile. He stated the letter discussed amortizing Title V sources in the County; and commented on FP&L's recent signing of a $7 billion contract with General Electric for over 60 F-class combustion turbines. He stated FDEP is requiring Sea Ray Boats to install advanced technology styrene removal equipment in the ventilation system in its new plant; the prototype is being evaluated right now; this is the obvious opportunity for the County to encourage Sea Ray to retrofit this equipment on the existing plant; and advised styrene is a hazardous air pollutant that is regulated under the Toxic Release Inventory Program. He stated the major item missing from the ordinance is a road map to tighter air quality standards for the County; an improved local air quality program is mandatory for imposing tighter air quality standards; tighter air quality standards are the key to keeping out the air pollution industry; but clean industry would have nothing to fear from the air quality standards. He stated tighter air quality standards are a matter for the technical consultant that Ms. Nicholson-Choice recommends; most of the other counties in Florida have tighter standards than the EPA and FDEP; and that would be a good starting point. He stated Sierra Club strongly supports tighter air quality standards, and asks the Board to move forward with implementing an improved air quality program for the long-term economic health of the County and the health of the citizens.

Chairman Higgs stated a memorandum from the University of Florida to the Alachua County Commission discusses incorporating local standards into Title V permits only if there is an approved local program; but Florida law exempts power plants and some other types of industries from any standards; and inquired if there is a way to get at those sources. Ms. Nicholson-Choice stated the exemption is not absolute; it is only for those Title V permits that are operating and in compliance with their permit at the time a local ordinance is adopted; for future facilities after the ordinance is in place, FDEP, under Chapter 403, would include a local standard as a special condition of the Title V permit, and would assist the County in enforcing it; and a violation of the local standard would be punishable under Chapter 403. Chairman Higgs stated that would be if the County established a local standard and program; with Ms. Nicholson-Choice advising that is the prerequisite.

Commissioner Scarborough advised of his discussion with Mr. Peffer and Mr. Knox; and stated "any person" is singular, but the next line says, "to discharge into the air any vapor or gas in such quantities as is liable to affect the health of persons or birds"; and it indicates that overall monitoring is not going to be the issue, but that monitoring is going to be point source. He stated in other words, one entity may go to a certain level, and the question is whether there is a health hazard because of it; and his question is whether anyone has moved beyond the ambiguous health hazard to something quantitative. He stated Mr. Peffer said he did not think the Board was going to accomplish what it wanted; and for a totally different reason, he agrees with him. He stated if he was an entity, he would not know whether the County would say there was a health hazard; he has a number of questions; and this is a starting point for discussion. He stated he wonders whether some things are needed or wanted; he would like to see how different people have done it different ways; and if Sarasota County is the only attainment County with an ordinance, he would like to see the ordinance, and may call a Sarasota Commissioner. He stated he would like to continue the discussion; and he is not ready to have conversations with FDEP until he has something that is understandable.

Commissioner Voltz stated what Commissioner Scarborough said about point source is the main issue; it is important for the Board to get Buccaneer in so that point sources can be reduced; and the Board needs to diligently work on that. She stated on page 5, under Section 6, it says, "to establish, maintain, and operate air quality monitoring stations and other devices and methodologies designed to measure air pollution, including authority to condemn easements in order to provide access or to locate air quality monitoring stations"; and she is concerned about the authority to condemn easements. She stated there is not an air pollution problem in the County now; the State is monitoring and paying for the monitoring; and the Board should not put the burden on the citizens of the County when there is no problem. She stated the State has been monitoring for a long time, and has never seen a problem in the County; and if they do see one, the Board will be the first to know. She stated the State is monitoring on a daily basis; the Board is doing all it can to get Buccaneer in to allow those companies now using oil to be able to use gas, which will greatly reduce pollution; and she does not see a need for the ordinance at the current time.

Commissioner Carlson inquired if Ms. Nicholson-Choice has any specific quantitative examples where a program put a county in clear advantage; with Ms. Nicholson-Choice responding the clearest instances to evaluate the success would be in those areas of non-attainment, where a program was put in place and the county achieved attainment; but the Board would not be able to use that because it is already in attainment. Commissioner Carlson stated Miami-Dade was in non-attainment; and inquired, understanding the implications of mobile sources of pollution, how was the program applied. Ms. Nicholson-Choice stated all the programs apply to stationary sources; none apply specifically to mobile sources although some monitor mobile sources; but that would not be one of the places where someone could find success as a result of a program. She stated it would be in reduction of pollution from stationary sources. Commissioner Carlson inquired what did Miami-Dade stop to reduce the ozone issue; with Ms. Nicholson-Choice responding she has other examples she is prepared to talk about such as Broward, Orange, and Palm Beach Counties, which have more stringent standards for particulate matter; and less emissions of particulate matter now that they have programs. Ms. Nicholson-Choice stated Palm Beach County also has a dioxin and metal standard that is more stringent than the State standard, so they would be able to tout that they have less dioxin emissions and metals as a result of their program. She stated in Broward, Hillsborough, Orange, and Palm Beach Counties, there are more stringent standards for sulfur dioxide and nitrogen oxide; in Broward and Jacksonville, there are more stringent standards for odor; so all of those programs would be able to tout that they have less emissions of those particular constituents because of their programs. Commissioner Carlson inquired if Palm Beach County is monitoring lead; with Ms. Nicholson-Choice advising Palm Beach County is monitoring more particulate matter more stringently than the State, so they must know where the point sources are, and if they go up, the federal government can come in and do something. Ms. Nicholson-Choice stated that is true of all of those that she outlined for those particular constituents.

Commissioner O'Brien stated this would be an expensive over-reaction to recent events in the County; the Board would just be buying into someone else's responsibility, and paying locally for someone else's problem, mainly the FDEP's; and this will not solve any problem. He stated all the tests performed show there is no air pollution problem in the County; and advised of pollution numbers for the County. He stated the County is not experiencing the air pollution problems that some other counties are incurring at this time; and Sarasota County has an air quality monitoring program, but also has 32 major plants that pour out Title V type pollution,

while Brevard County only has eight. He stated the start-up cost is approximately $600,000 to $1 million depending on how the program is designed; and some of that money will come from the State. He stated the State General Fund provided $40,000 for the Sarasota program, and license tag fees funded more; but the County still had to provide considerable amounts of money; and there is also an annual operating cost which can be a sizable amount. He commented on increasing operational costs; and stated there are other alternatives the County can take. He stated FP&L has to send information to Tallahassee on a daily basis on the monitoring of its stacks, as do other power plants; and the County can ask for the same information to be sent to it on a regular basis for review by County staff; and it can also request notice from FDEP of excessive emissions and accidents by Title V sources permitted in the County, beginning with the last 60 days. He stated if a pattern develops, the County can go back to FDEP and request it do its job and look at the particular problem more closely as the County does not have a special office of air quality monitoring to do that. He stated the Board could authorize Greenberg Traurig or another consulting firm, in collaboration with the County, to draft comments to Title V permit applications prior to permit issuance; so there are things the County can do that would be more appropriate than adopting another law or ordinance. He commented on working with FDEP, Brevard County only having eight sources while other counties have much more, only eight counties having programs, expense of program, lack of need for program in the County, and alternatives to having a program. He advised of the start-up and operating costs of an air regulatory program; stated it is scary for a non-problem; and he would rather see the County spend the $300,000 a year on law enforcement and basic infrastructure needs of the County rather than raising taxes for a program the County does not need.

Commissioner Scarborough inquired what is the advantage to the County having its own monitoring in lieu of the State; with Ms. Nicholson-Choice responding there are three functions, air monitoring, permitting, and enforcement. Commissioner Scarborough inquired why would the County want to do air monitoring, and would the information the Board gets be essentially the same as the State; with Ms. Nicholson-Choice responding it would, but the County would get it first. Commissioner Scarborough inquired if Commissioner O'Brien is correct that there is no benefit; with Ms. Nicholson-Choice responding Commissioner O'Brien is correct in a lot of his statements. Chairman Higgs stated if the County was monitoring by State standards, it would be the same, but if it had its own program, it could choose to monitor other standards. Commissioner Scarborough stated the County could monitor for things that the State is not monitoring. Chairman Higgs inquired for what parameters does the State monitor; with Ms. Nicholson-Choice responding ozone and particulate matter. Chairman Higgs inquired what are the others; with Ms. Nicholson-Choice responding lead, nitrous oxide, and sulfur dioxide. Commissioner Scarborough inquired what is the advantage of having the additional information and is it worth the cost that Commissioner O'Brien outlined. He stated Ms. Nicholson-Choice indicated that Dade County had particulate standards that were of a higher level than the State. Chairman Higgs inquired does the State monitor particulate; with Ms. Nicholson-Choice responding yes, it does. Chairman Higgs inquired if particulate and ozone are the only two the State monitors; with Ms. Nicholson-Choice responding in Brevard County.

Commissioner Scarborough inquired if the County could request the State monitor for more than it is currently; with Ms. Nicholson-Choice responding yes, and the one that comes to mind is lead. Ms. Nicholson-Choice stated lead is monitored based on population; until the new census, Brevard County was not reaching the threshold that would allow it to ask FDEP to monitor lead; but if the new census data shows a population of 500,000 or more, it might get lead monitoring. Commissioner Scarborough inquired if the County, as a part of the ordinance, could set the threshold for particulates at the State standard and use the State's data; with Ms. Nicholson-Choice responding yes. Commissioner Scarborough stated Section 4 says, "it shall be unlawful for any person," singular; with Ms. Nicholson-Choice advising that could be further defined. Commissioner Scarborough stated if the County or the State is doing a background monitoring, and has a background threshold that is being exceeded for particulates, under the Florida Statutes, that is wrong; the ordinance does not go against the world, but against the individual; and inquired how to reconcile those two. Ms. Nicholson-Choice stated the only way to force an ordinance is to define what it would take to make a violation so it holds the individual accountable; and the County could hold individual facilities accountable, so the County's standard would become a condition of the permit issued for a facility.

Commissioner Scarborough stated at the Regional Planning Council meetings, they have talked about certain areas of the country; Atlanta had reached non-attainment standards, and because of that was being punished as a region with its capacity to have funds come in for infrastructure improvements; it can end up with the community as a whole being punished; and if the County wants to have I-95 six-laned, it may not be done because the County has fallen below certain standards. He stated this is something the County is not going to deal with; what the Board is talking about is within the purview of an injunction or Code Enforcement action against an individual; and inquired if that is how this is directed. Ms. Nicholson-Choice responded the County could use its monitoring stations to establish what the ambient air quality is; and if a problem is found, it will have to look for sources. Commissioner Scarborough stated the County would then go to that source, and would have to have specific data; Title V entities would have to produce the specific data; Commissioner O'Brien is right about why is it necessary to do the monitoring since it is already there; and the County needs to somehow reach in and get the data. Commissioner O'Brien stated the County can look at FDEP's data to make sure someone is reading or monitoring it; the Board may find that something is going astray and can then notify the proper authorities to come and fix the problem; and commented on preemption of a number of sources such as power plants, sugar refineries, and facilities manufacturing paper, chemical, and allied products. Chairman Higgs stated Ms. Nicholson-Choice addressed ways to incorporate that in the Title V permit if there is a local program; with Ms. Nicholson-Choice advising that is her position. Chairman Higgs inquired how often the permits expire; with Ms. Nicholson-Choice responding normally five years. Ms. Nicholson-Choice advised every time there is a renewal there is an opportunity; the County would also have an opportunity if the entity was not in compliance with an existing permit, but operating; and there would be an opportunity if the entity was pre-construction because the exemption only applies to operating facilities. Chairman Higgs stated there are opportunities for the Board to go after Title V polluters; with Commissioner O'Brien advising there are opportunities for the Board to participate in the permitting process; and the Board should do that. Chairman Higgs stated if there is a local program, it is possible to set standards; and commented on State and federal grants, and programs that were established by Special Act, and having access to additional money. Ms. Nicholson-Choice advised of various funding sources of Palm Beach County including grant funding from EPA, State Title V funding, State contracts, license tag fees, and funds for asbestos; and stated once there is an approved program, the County would be eligible for funding through FDEP. Chairman Higgs stated there might be some initial cost, but in subsequent years, the Board may be able to recapture or cover its costs through the grants. Ms. Nicholson-Choice advised initially with air monitoring, the County might be able to get full contract money; and that is what the County was doing in the early 1990's.

Commissioner Voltz inquired about the 1993 program. Mr. Peffer stated the County operated the air monitoring stations under contract with FDEP; but it was determined by the County and FDEP that it was in the best interest to let the State take the function back. He stated the State was cutting back on its level of funding; the County was having to spend more of its money to keep the program going; and it got to the point where the County said it did not want to support it from General Fund dollars to the level it was; and since then the State has taken it over, but is monitoring fewer stations than the County did. Commissioner Voltz inquired when the County stopped the program, did it see any difference in air quality; with Mr. Peffer responding no. Mr. Peffer stated it is important to know that the monitoring program had no effect on air quality; an ambient air quality monitoring program is simply going out and sniffing the air, so to speak; and it does not regulate anything at all. He stated if the County takes the information it is getting from the monitoring source, which in the case of Brevard County only involves particulates and ozone, and finds that certain parameters are out of compliance, it will have to make a connection between a source and that change; that is a difficult thing to do; and explained the difference between ambient air monitoring and specific monitoring. He advised the County could not make an enforcement case against a point source based on ambient air quality data. Commissioner Voltz stated it could lead the County to a more expensive avenue if it starts looking for point sources.

Commissioner Carlson stated Section 12 says the Board is repealing Chapter 222; and requested Ms. Nicholson-Choice give an overview of what is being repealed, and is there any authority or additional guidance that the Board could get from what it is considering repealing. Ms. Nicholson-Choice responded no; and she and Ms. Lepore looked at that together and Ms. Lepore did the follow-up to it. Assistant County Attorney Christine Lepore stated Chapter 222 was adopted in the 1950's before the provisions of the Clean Air Act; it set up the Commission as the authority to determine whether there was air pollution and to serve as judge and jury on those issues; and the same authority is provided currently through the federal and State laws. Commissioner Carlson inquired if the authority is moot because of the Clean Air Act. Ms. Lepore stated it does not provide for the same type of enforcement activities the Board would pursue today. Commissioner Carlson inquired besides ozone and particulates, what are some of the other pollutants that are monitored by EPA elsewhere in Florida. Ms. Nicholson-Choice responded there is a total of five, sulfur dioxide, nitrogen dioxide, carbon monoxide, lead, and ozone and particulate matter; there are also hazardous air pollutants that are monitored under Title V permits from a specific source; and they reviewed those constituents that are being monitored by local programs that are more stringent than the State standards. Commissioner Carlson stated she is curious about the other nine counties; and inquired did they request in their programs to have EPA monitor all five of those. Ms. Nicholson-Choice advised she talked to FDEP on this issue because it is a policy issue; FDEP decides, based on its data and judgment, on what it expects to find throughout the State and what particular constituents it is going to monitor throughout the State; and that is how it reached the decision not to monitor except for ozone and particulate matter in Brevard County. She noted in areas where there is non-attainment, everything is probably monitored. Commissioner Carlson stated she is interested in finding out what steps could be taken through a program or just working with EPA to monitor more pollutants than just the two that are monitored. Ms. Nicholson-Choice stated there may be an avenue to have lead monitored; but in order to have a standard locally applied, it is necessary to have an approved program. Commissioner Carlson inquired if that is the only way to come to the table to discuss this with the EPA; with Ms. Nicholson-Choice responding affirmatively.

Commissioner O'Brien stated the Board can solve part of this problem today; an ordinance is not required; and the Board can draft a policy that says it will require all Title V entities to mirror their data to Brevard County or request FDEP notify the County within 30 days of any air quality violation by any Title V permit holder. He stated the Board can develop a relationship with FDEP; it can request in writing that the County be allowed to have input and comments into the permit review process for Title V entities so that it becomes an integral part; and at that time, if the Board finds it necessary, it can hire a consultant to draft those comments. He stated that is the best thing the Board can do now; and more law by the County is not a requirement.

Chairman Higgs stated she disagrees; while the County may be in attainment in regard to ozone and particulate matter, there are other substances and pollutants that may indicate there are problems; an assessment from the Environmental Defense Fund on hazardous pollutants indicates there may be some hazardous air pollutants that should be monitored; and the Board needs to look beyond the two that are being monitored now. She stated there is all kinds of rhetoric going around about local governments taking responsibility; in the 21st Century, federal and State governments are going to look to local governments to handle these kinds of issues; and that is what the County should do. She stated she is not sure the proposed ordinance is everything the County needs or should have; but the issue of air pollution and air quality are critical to everyone living in the Central Florida region; and Brevard County should be in the lead in determining the best way of measuring pollutants. She stated ozone and particulate matter may not be the only things that should be measured; there are indications that there are hazardous air pollutants in the County that are increasing health risks; and the Board should move forward to nail down a good air quality ordinance. She reiterated the County should be a leader in Central Florida, and should not get in the position of Atlanta, where in another ten years it might not get federal money for roads because it is not in attainment. She stated right now it is only a couple of standards; that is not adequate; and there are potential health risks that should be analyzed. She stated the Board needs to find out from the State what possibilities there may be for additional funding; it needs to look at other county ordinances to determine what may be possible; and it needs to look closely at hazardous air pollutants beyond the two that are being monitored. She noted the monitoring being done now is for two factors, with four stations; and there is indication that the County has exceeded ozone standards on occasion, which could put it in the position of being vulnerable to potential sanctions. She stated she would like to see the County move forward to get additional information as well as an idea on the status of the Title V plants in regard to compliance.

Commissioner Carlson stated she agrees with Chairman Higgs; the issues that have come up in her District have been point source-oriented; and they were real concerns because the County did not have a leg to stand on in terms of what was happening beyond the particular industry's borders. She expressed concern that as the County continues to grow, and residential communities are closer to industrial communities, there will be big problems; and inquired where can the line be drawn to preserve property rights and the rights of the people moving into the County who are being allowed to move next door to industrial uses. She stated it is going to be difficult to juggle; and she does not want to be behind the eight-ball if different sanctions come down in terms of attainment issues. She stated the wildfires caused the County to be in non-attainment, but that was only one incident; and when individuals are living close to industrial areas, there has to be some sort of voice for the residents. She stated it is also a land use planning issue; and requested additional information.

Commissioner Scarborough stated he agrees with Commissioners Higgs and Carlson; and advised of the situation where the City of Titusville was discharging into the Lagoon, resulting in an enormous burden on the people to correct the problem. He commented on collecting data and Sarasota County. He stated if the County is able to have standards which it can integrate into new Title V permits, that will give it a handle as the permits are renewed; but it will not handle everything. He stated the population in the area is going to skyrocket; there will be increasing problems; but if the County is able to maintain attainment and demonstrate it has cleaner air, it will attract better industry and more affluent retirees, which will make Brevard County a richer county. He stated there are many compelling reasons not to abandon the dialogue; and he is prepare to make a motion.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to schedule a workshop to discuss local air pollution control, and with the consulting attorney, provide additional information as requested by individual Commissioners, including comparative data between the draft ordinance and other programs, the benefits of the County doing monitoring for pollutants, State data, monitoring of point and non-point sources, ability to get specific quantitative data, what other counties are doing, why it may be important to look at particulate and other pollutants, all other air quality control Ordinances in the State, and Title V compliance with operating permits.

Commissioner O'Brien stated there is even more rhetoric out that says people want to reduce the amount of law, stop redundancy, and eliminate layers of government; if the Board goes forward with the ordinance, that will be one more repetitive layer; and suggested asking the State Legislature to make present laws more stringent. He stated there was discussion about economic factors, and it sounds nice; but economic reasons can eventually price the County out of the business of attracting good industry or retirees because taxes may be so high that people cannot afford to live here. He stated the County may end up with the same clean air it started with, but at a higher price; and compared it to paying for bottled water when there is clean water from the tap. He stated Brevard County always wants to be the leader, but there is not any race at this time and no goal has been set; the quality of air is good at 20 to 25% below the level set at 85 parts per million; and every time the County wants to be the leader in something, he holds onto his wallet. He stated this is going to be a very expensive program; once it begins, it will never stop; and it will keep growing as big as it possibly can. He stated he finds no good reason for the County to expend any money or time on this problem; if there was a problem, he would not mind addressing it; but there is no problem, and he does not want to address it further.

Commissioner Voltz inquired if the County is only being monitored for ozone and particulate because there is no problem in the other areas; with Ms. Nicholson-Choice responding that is probably true. Commissioner Voltz inquired if lead is something that is population related; with Ms. Nicholson-Choice responding it is related to exhaust associated with mobile sources, so that might change. Commissioner Voltz stated if the State only feels there are those two problems, it is ridiculous for the County to go on and look for problems that are not there, and spend millions of taxpayer dollars to do so. She commented on going to the State for money while the State is taking money from the counties, increasing taxes to fund programs, and County not having a problem; and stated she will not support the motion.

Chairman Higgs stated the motion is to get further information; and inquired about readings for ozone in Cocoa Beach that exceeded standards on five occasions. Mr. Peffer advised of the State's monitoring practices; and provided examples of situations where the ozone may exceed standards. Chairman Higgs inquired if the five readings on Cocoa Beach were indicators that the FDEP would continue to look at; with Mr. Peffer responding they would point to the potential for a problem. Chairman Higgs stated there was also information in the packet in regard to hazardous air pollutants from the Environmental Defense Fund; and requested Mr. Peffer speak to that study and the indicators. Mr. Peffer stated when the report was put together, it was looking at a variety of different discharge reports from various industries to see what they were reporting in the form of discharge; it is different from what is done at a monitoring type of station; ambient air quality monitoring is only looking at two parameters; however, the permits that govern Title V entities are going to get additional monitoring information as the State and federal government get other information about discharges through the Title V reports and a variety of other sources; so there are other ways to gather information about what chemicals are being discharged into the air, water, and ground. He stated what is being reported as hazardous pollutants are not coming from point sources; an air quality program such as is being contemplated would focus on point sources, but the primary source of the pollutants is what is referred to as mobile sources, which is automobiles and area sources, which are not likely to be governed or corrected by a local air quality program. He stated it is a complex issue; and recommended the Board determine its purpose, and then figure out its best application of resources to meet that purpose because he doubts there is any single thing an air quality program could do to identify or reduce hazardous air pollutants because they are not coming from point sources. Chairman Higgs stated there are indicators that say that the air quality ambient monitoring may not be fully described by the parameters the State is giving.

Commissioner Carlson stated Governor Bush has made it very clear that he wants an across the board 25% reduction in government staff, which means some programs may be canceled; it may be a more cost effective way of shifting State control to local control; having local control is significant; and the Board can discuss it further at the workshop to find out more detail about the potential impact of the Governor's edict and what it would imply to programs such as the one the Board is discussing. Commissioner Voltz stated she does not think the State is going to give up any part of this.

Commissioner O'Brien commented on the ozone numbers for Cocoa Beach; advised the September 3, 1997 reading of 106 was taken on a Labor Day weekend with the big surf contest; he does not want the people from Cocoa Beach to be frightened by the numbers; and the number has not gone up, but has fallen for three years straight. He stated he does not want people to think the Board is talking about deadly stuff floating around that will kill them because it is not there. He stated if the State cuts 25% across the Board, the County should start looking at doing the same thing; and inquired what would happen if the Board did that and handed off to all the cities. He stated if the people and the Governor want less government, there is nothing wrong with the Board thinking about having less government as well to give people back their freedoms.

Discussion ensued on the cities annexing County property, reducing government, and helping people in the unincorporated areas.

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

Chairman Higgs inquired what the Board wants included other than an additional workshop and comparative data between the County's draft and some of the other programs.

Commissioner Scarborough stated a number of issues have been raised by different Commissioners; there are also scientific issues; and he would like to see all the ordinances in Florida. He noted each Commissioner has the capacity to request additional information as they see fit for discussion at the workshop.

Chairman Higgs stated she would like Greenberg Traurig to look at the issue of the Title V compliance with operating permits; and that seems to be an area where the Board could move forward to get additional information in regard to compliance. Ms. Nicholson-Choice stated the Board can get notice of exceedances and accidents. Chairman Higgs stated the Board could then get an evaluation by someone other than a non-expert as to the implications of those. Ms. Nicholson-Choice stated that would not require a program as it is just asking for information that the Board should probably already have.

County Attorney Scott Knox stated in the past when the Board had situations like this where it wanted more information, it submitted its questions; and suggested the Board do that. Commissioner Scarborough inquired if it is included in the minutes, is there a need to reiterate; with Mr. Knox responding no, and he will get the minutes transcribed.

PUBLIC COMMENT - TOM FARRAR, RE: APPRAISAL OF FLORIDA TODAY BUILDING

Chairman Higgs advised she received a public comment card; the Board has already gone past that part of the Agenda; and inquired if the Board wishes to reopen public comments. The Board reached consensus to take further public comments.

Tom Farrar stated on August 31, 2000 he presented a problem to the Board about the Florida TODAY assessments; and he presented evidence and a signed Affidavit stating it appeared that the Property Appraiser illegally lowered the real property assessment for Florida TODAY and then tried to cover it up with a letter to Commissioner Voltz. He stated he asked the Board to file a complaint with the Florida Ethics Commission to prompt an investigation; and he has heard nothing from the Board or staff. He advised of contact with a Florida TODAY reporter, questions about why the Property Appraiser has not put an E&I on the property, private meeting between the Property Appraiser and Florida TODAY, and the resulting article which did not mention his appearance before the Commission or his Affidavit. He noted when the Property Appraiser was asked about the Florida TODAY problem at a public forum, he stated since the problem was brought up, Florida TODAY has filed a petition with the Value Adjustment Board (VAB) as it feels its assessment is too high. He stated his feeling was that this was probably a tactic to continue the cover-up of the problem; and commented on getting a copy of the VAB petition, petition being filed after the deadline, and the Property Appraiser altering assessment after tax notices came out. He stated the petition is requesting the Value Adjustment Board lower the assessment to $7.5 million; and commented on the value of the buildings, building permits, and size of the property. He advised of an Affidavit from a Special Master who worked for the County during the 1991 and 1992 tax hearings indicating disparity of assessments on similar properties between Brevard County and Volusia County, and the Property Appraiser's claim that the assessment was the minimum required by the Department of Revenue.

Commissioner O'Brien inquired if Mr. Farrar's wife is running for office; with Mr. Farrar responding yes. Commissioner O'Brien inquired what office is she running for; with Mr. Farrar responding Brevard County Property Appraiser. Commissioner O'Brien inquired if Mr. Farrar has contacted the Attorney General; with Mr. Farrar responding no, he was trying to get some feedback.

Commissioner Voltz suggested the discussion be continued in private. Commissioner O'Brien advised the issue is between Mr. Farrar and the Attorney General. Mr. Farrar stated whether there is an election going on or not, things have to go on and be answered.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 12:34 p.m.

ATTEST:

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
( S E A L )