The Board of County Commissioners of Brevard County, Florida, met in regular session on August 25, 1998, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien.

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

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the Minutes of the July 7, 14, and 21, 1998 Regular Meetings and July 16, 1998 Special Meeting. Motion carried and ordered unanimously.

APPROVAL TO RESCHEDULE - PERSONAL APPEARANCE OF WILLIAM HUMINSKI, NORTH MERRITT ISLAND HOMEOWNERS CONCERNING CREATION OF DEPENDENT DISTRICT AND ZONING ADVISORY BOARDS

County Manager Tom Jenkins stated Mr. Huminski has requested the item be rescheduled on September 8, 1998.

AGREEMENT WITH BREVARD WORKFORCE DEVELOPMENT BOARD, RE: JTPA DISLOCATED WORKER PROGRAM

Community Services Administrator Don Lusk explained the need to authorize the Chairman to execute Agreement with Brevard Workforce Development Board for the JTPA Dislocated Worker Program.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Brevard Workforce Development Board for the Job Training Partnership Act Dislocated Worker Program. Motion carried and ordered unanimously.

AUTHORIZATION, RE: EXECUTIVE SESSION

County Attorney Scott Knox requested an Executive Session to discuss Showboat v. Brevard County.

Commissioner O'Brien commented on the number of executive sessions.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize scheduling an executive session at 5:00 p.m. on September 8, 1998 to discuss Showboat v. Brevard County. Motion carried and ordered unanimously.

REPORT, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Scarborough stated last Wednesday there was a delay in starting the meeting of the East Central Florida Regional Planning Council due to lack of a quorum; the counties were not participating; and if it had not been for gubernatorial appointments and the cities, there would not have been a meeting. He stated the issue of drastically eliminating city participation was given to the attorney; and the Council will vote on that formally. He stated it was absent major changes dealing with gubernatorial appointments; and he advised of the Board's position on the issue. He stated if it is possible to get gubernatorial appointees like Port Canaveral and Kennedy Space Center, it may be possible to get them to pick up a greater portion of the tab. He stated he raised the question of whether it was the appropriate time to hire a new executive director; but the Council voted to hire Sandra Glenn.

WAIVER OF TEMPORARY SIGN PERMIT, RE: UNITED WAY PROGRESS SIGN

Commissioner O'Brien stated the United Way requested the Board waive the temporary sign permit fee so it can put a progress sign on the corner of S.R. 3 and S.R. 520.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to waive temporary sign permit fee for United Way to place a progress sign at the intersection of S.R. 3 and S.R. 520. Motion carried and ordered unanimously.

DISCUSSION, RE: FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE ISSUES

Chairman Voltz stated there are some items included in the legislative policy issues that the Board should be looking at, but the Board is indicating it has no input at this time. She expressed concern about utility deregulation and use of Local Option Sales Tax; and advised she sent a note to the County Attorney, but has not received a response yet. She inquired if the Board wishes to discuss some of the issues or set it up as an agenda item.

Commissioner O'Brien stated the cities will bring a lot of the items to the Delegation; and noted the limit on items to the Delegation.

Chairman Voltz stated this is for the Florida Association of Counties to lobby for. Commissioner Cook stated there are some issues he would not support. Chairman Voltz emphasized the need to advise the FAC of the Board's position on the issues.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to write to the Florida Association of Counties explaining the Palm Bay event under Chapter 180, and suggesting the FAC include the issue as part of the legislative package.

Commissioner Scarborough stated an archaic portion of the Florida Statutes under Chapter 180 allowed Palm Bay to reach out and declare a service area even though the area is not in the City, and that created all of the litigation. He noted no one interprets the Statutes like Palm Bay has; and some legislative action could clarify it.

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

Commissioner Higgs stated the Board had an item on the legislative agenda for three or four years regarding part-time employees; and she would like that included.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Chairman to include retirement issues for part-time employees in the letter. Motion carried and ordered unanimously.

Chairman Voltz stated the County Attorney can put everything together.

Commissioner O'Brien advised of the item concerning tobacco settlement proceeds and their use. He stated he would hate to see the money wasted; the money is to compensate Florida and the counties for health care costs for smokers with no insurance; the taxpayers had to pick up the bill; and he hopes there will be reimbursement. Chairman Voltz stated all it has done is encourage people to keep smoking so the cigarette companies can pay the bills. She stated the desire is for the money to be spent more responsibly. Commissioner O'Brien stated the Truth Train was not an appropriate expenditure in his opinion, although it could be defended as a form of education. Commissioner Cook stated there was talk about reimbursing the counties. Commissioner O'Brien inquired how much of that money will be gone before it gets to the counties; and expressed concern about erosion of the possibility for better health care.

Discussion ensued on the time frame for the letter.

Commissioner Cook stated he does not want to endorse all of the items. Chairman Voltz requested each Commissioner send Sharon Luba their individual concerns so they can be formulated into a letter; and suggested Commissioner O'Brien advise Ms. Luba of his concerns.

RESOLUTION, RE: COMMENDING REVEREND P. T. MCCLURE

Chairman Voltz read aloud a resolution commending Reverend P. T. McClure, of Bible Truth Church, who is celebrating 18 years of ministry in Brevard County.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution commending Reverend P. T. McClure, of Bible Truth Church, who is celebrating 18 years of ministry in Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING COMMODORE JOHN BARRY DAY

Commissioner O'Brien read aloud a resolution proclaiming September 12, 1998 as John Barry Day in Brevard County.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming September 12, 1998 as Commodore John Barry Day in Brevard County. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Bill Barr. Bill Barr, President, Ancient Order of Hibernians, expressed appreciation for the Resolution.

Commissioner O'Brien advised of Commodore Barry's part in the last battle of the Revolutionary War, which was fought off Port Canaveral.

RESOLUTION, RE: PROCLAIMING NATIONAL PHARMACY WEEK

Commissioner Cook read aloud a resolution proclaiming October 18 through 24, 1998 as National Pharmacy Week.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming October 18 through 24, 1998 as National Pharmacy Week in recognition of the outstanding services provided by pharmacists. Motion carried and ordered unanimously.

Chris Lent, President of Brevard County Pharmacy Association, expressed appreciation for the Resolution; and advised of the value of the patient-pharmacist relationship.

Commissioner Cook presented the Resolution to Mr. Lent.

RESOLUTION, RE: RECOGNIZING BREVARD COUNTY FIRE RESCUE'S ALS COMPETITION TEAM

Chairman Voltz read aloud a resolution recognizing Brevard County Fire Rescue's ALS Competition Team, consisting of Lt. Firemedic Joshua Shepherd, Lt. Firemedic Mario Baldoni, Firemedic Orlando Dominguez, and Firemedic Tom Marsh, for its first place finishes in the U.S. Regional ALS Championships in Augusta, Georgia and the State ALS Championship which was held in Miami, Florida.

The Board reached consensus to adopt Resolution recognizing Brevard County Fire Rescue's ALS Competition Team, consisting of Lt. Firemedic Joshua Shepherd, Lt. Firemedic Mario Baldoni, Firemedic Orlando Dominguez, and Firemedic Tom Marsh, for its first place finishes in the U.S. Regional ALS Championships in Augusta, Georgia and the State ALS Championship which was held in Miami, Florida.

Deputy Chief Bill Farmer expressed pride in the Team's accomplishments; and stated being a firemedic means a lot of hours away from families and homes, and the members of the team have given up hundreds of more hours to compete. He stated this is the first time any team has taken back-to-back first places in two of the three events; and Brevard County is the first team to win the University of Miami First Place Award. The Team presented trophies to the Board.

Team Member Orlando Dominguez thanked Chief Bill Farmer, Public Safety Director Jack Parker, and the Fire Department for their support; and expressed appreciation to the Board for the Resolution.

Chairman Voltz presented the Resolution to the Team.

RESOLUTION, RE: PROCLAIMING REHABILITATION WEEK

Chairman Voltz read aloud a resolution proclaiming September 13 through 18, 1998 as Rehabilitation Week.

The Board reached consensus to adopt Resolution proclaiming September 13 through 18, 1998 as Rehabilitation Week in Brevard County.

Veronona Mosely, representing Health South Sea Pines Rehabilitation Hospital, invited all the Commissioners to visit Sea Pines facility; stated they have seen over 18,000 patients in the last 12 years; the youngest patient was six-months old, and the oldest one was 99; and those people have been returned to the community. She expressed appreciation to the Board for the Resolution and its continued support.

PERSONAL APPEARANCE - SPACE COAST MARINE INSTITUTE, RE: PRESENTATION

John Moran, representing Space Coast Marine Institute, expressed appreciation to the Board for its support; stated two years ago the County donated five acres of land; it has been put to good use; and he wants the Board to see the return on its investment.

Frank Mastroianni, Executive Director of Space Coast Marine Institute, stated it is a youth development program which serves 30 male youths at any time; the program runs four to six months; the participants come through the Department of Juvenile Justice; and they all have multiple convictions. He stated through very intensive academic and vocational curriculum, their lives are turned around; and while it is a loving and caring environment, there are strict rules and consequences for misbehavior and poor conduct involving work details. He stated last year they completed over 7,000 hours of community service projects in the County; and outlined some of the projects. He stated the land has provided seclusion from daily distractions; and it allows staff to work with the students uninterrupted. He stated they are continuing to develop the land; the Vocational Training Center should be complete in two weeks; and that will allow them to accept more boat donations for renovation. He expressed appreciation to the Board for its role in helping turn young people from tax users and potential burdens on the system to contributing members of society.

Derrick Norsleet advised of the help he received from Space Coast Marine Institute which resulted in his getting his GED and planning to enter college. He presented the Board with a picture of Space Coast Marine Institute students and staff in appreciation for the Board's continuing support.

FINAL PLAT APPROVAL, RE: SUNTREE NORTH, FOREST LAKE VILLAGE, UNIT 2

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant final plat approval for Suntree North, Forest Lake Village, Unit 2, subject to minor changes if necessary and receipt of all documents required for recording, and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

APPROVAL OF SPECIAL EVENT PERMIT, RE: OUTSIDE MUSIC CONCERT AT COCOA EXPO STADIUM FOR NORTHSIDE PRESBYTERIAN CHURCH

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve special event permit for Northside Presbyterian Church for outside music concert at Cocoa Expo Stadium on September 5, 1998 from 11:00 a.m. to 11:00 p.m. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH PRIORITY ONE CONSTRUCTION, RE: CORTO ROAD COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order No. 1 with Priority One Construction, increasing contract amount by $1,980 for construction of the Corto Road Community Center. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH NATIONAL ROOFING, INC., RE: SANDPOINT PARK PAVILION REROOF

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order No. 1 with National Roofing, Inc., increasing contract amount by $2,747.86 and time by 20 days for the Sandpoint Park Pavilion reroofing project. Motion carried and ordered unanimously.

CHANGE ORDER NO. 12 WITH COSTELLO & SONS CORPORATION, RE: WEST MELBOURNE PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order No. 1 with Costello & Sons Corporation, increasing contract amount by $1,360.46 and time by three days for construction of the West Melbourne Public Library. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH LARCON CONSTRUCTION CORPORATION, RE: LAKE WASHINGTON PARK

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order No. 1 with Larcon Construction Corporation, increasing contract amount by $28,823.95 for construction at Lake Washington Park in Melbourne. Motion carried and ordered unanimously.

AMENDMENT NO. 2 WITH BRAD SMITH ASSOCIATES, INC., AND AMENDMENT NO. 4 WITH STOTTLER STAGG & ASSOCIATES, RE: LAKE WASHINGTON PARK AND KENNEDY POINT PARK TIME EXTENSIONS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendment No. 2 with Brad Smith Associates, Inc. and Amendment No. 4 with Stottler Stagg & Associates for extension of time for architectural and engineering services at Lake Washington Park and Kennedy Point Park. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 93-136, RE: CREATING CDBG ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution amending Resolution No. 93-136, adding a new Community Development Block Grant Neighborhood Strategy Area west of the Cocoa City limits, deleting a previous Strategy Area in the City of Cocoa, deleting the City of Palm Bay Strategy area, amending the Board term and absence policy for consistency with County Ordinances 95-31 and 96-17, and adding "Public Comment" and "Activities and Dissolution" sections consistent with Board policy BCC-26; and authorize the District 2

Commissioner to appoint a representative of the new Strategy Area to the Advisory Board. Motion carried and ordered unanimously.

APPROVAL OF FORMAT II ENVIRONMENTAL ASSESSMENT BOOKLETS, NOTICE OF INTENT TO REQUEST CDBG FUNDS, AND CERTIFICATION, AND PERMISSION TO ADVERTISE COMBINED NOTICE, RE: CLEARLAKE VILLAGE/ALPINE CREST, PINEGROVE/COCOA PALMS, AND SHEPARD PARK ACRES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Format II Environmental Assessment Booklets and Notice of Intent to Request Release of Funds and Certification Forms for Pinegrove/Cocoa Palms, Clearlake Village/Alpine Crest, and Shepard Park Acres; and approve publishing the Combined Notice on or about August 28, 1998. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 97-01, RE: ESTABLISHING FINES AND FEES CHARGED BY LIBRARY SERVICES DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution amending Resolution No. 97-01, establishing fines and fees charged by Library Services Department. Motion carried and ordered unanimously.

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: MALABAR SCRUB SANCTUARY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Easement to Florida Power & Light Company for relocation of two utility poles and guy wires within the boundaries of the Malabar Scrub Sanctuary. Motion carried and ordered unanimously.

CONSERVATION EASEMENTS WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: THE HABITAT AND SAVANNAHS GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Conservation Easements with the St. Johns River Water Management District for The Habitat and The Savannahs Golf Courses. Motion carried and ordered unanimously.

AGREEMENT WITH SUNTREE/PINEDA ROTARY CLUB FOUNDATION, INC., AND APPROVAL OF BUDGET CHANGE REQUEST, RE: ROTARY PARK AT SUNTREE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Suntree/Pineda Rotary Club Foundation, Inc. for construction of three family pavilions at Rotary Park at Suntree; and approve Budget Change Request establishing the project budget. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH BREVARD REGIONAL ARTS GROUP, INC. D/B/A THE HENEGAR CENTER FOR THE ARTS, RE: RENTAL OF OFFICE SPACE FOR SOUTH AREA PARKS AND RECREATION DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Lease Agreement with Brevard Regional Arts Group, Inc. d/b/a The Henegar Center for the Arts for rental of office space for the South Area Parks and Recreation Operations. Motion carried and ordered unanimously.

AGREEMENT WITH THE CENTER FOR DRUG FREE LIVING, INC., RE: OUTPATIENT TREATMENT SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with The Center for Drug Free Living, Inc. for continued outpatient treatment services for the Court Alternatives Services Drug Court Program. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF PALM BAY, RE: INTERSTATE 95 AUTOMATIC AID

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Interstate-95 Corridor Automatic Aid Agreement with the City of Palm Bay for emergency fire and medical services. Motion carried and ordered unanimously.

AGREEMENT WITH PUBLIC DEFENDER, RE: SUPPLEMENTAL FUNDING FOR LEGAL REPRESENTATION OF INDIGENT DEFENDANTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with the Brevard County Public Defender's Office for supplemental funding of $45,000. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF COCOA BEACH AND SPACE COAST EMERGENCY MEDICAL SERVICES (JOHN R. MCPHERSON, M.D.), RE: UTILIZATION OF COUNTY'S MEDICAL DIRECTOR

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with City of Cocoa Beach and Space Coast Emergency Medical Services, P.A. (John R. McPherson, M.S., P.A., President) for the utilization of the County's Medical Director. Motion carried and ordered unanimously.

APPROVAL OF TASK ORDER NO. 97-07 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: DESIGN AND CONSTRUCTION SERVICES FOR STORMWATER MANAGEMENT SYSTEM AT CENTRAL DISPOSAL FACILITY EXPANSION AREA

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Task Order No. 97-07 with Post, Buckley, Schuh & Jernigan, Inc. for design and construction services for the Stormwater Management System at the Central Disposal Facility's expansion area. Motion carried and ordered unanimously.

WAIVER OF BID, AND AUTHORIZATION TO PURCHASE OFF GSA CONTRACT, RE: HOLLAND TS110 TRACTOR MOWER WITH ACCESSORIES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to waive bid requirements and authorize purchase of one new Holland TS110 tractor mower with accessories off the GSA Contract at $63,523.88. Motion carried and ordered unanimously.

ACCEPTANCE OF PROPOSAL FROM WITTNER CONSULTING GROUP, RE: EMPLOYEE BENEFITS CONSULTING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to accept proposal from Wittner Consulting Group to provide employee benefits consulting services; authorize execution of an Agreement for the service; and direct staff to request Aetna to delete the 1% agency commission from its contract for 1999 and reduce premiums by the same amount, and if AETNA does not agree, to appoint the contracted consultant as the agent of record for 1999. Motion carried and ordered unanimously.

WRITTEN NOTIFICATION OF CONTRACT RENEWAL WITH BREVARD BUSINESS SYSTEMS, INC., RE: TELEPHONE MAINTENANCE SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Contract Renewal #970002 with Brevard Business Telephone Systems for one year effective September 10, 1998 to provide telephone maintenance services for 152 locations at an annual cost of approximately $35,000. Motion carried and ordered unanimously.

APPROVAL OF EXTENSION, RE: 1998 TAX ROLL

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to extend the 1998 Tax Roll prior to completion of the review conducted by the Value Adjustment Board and its certification of the Tax Roll pursuant to Chapter 197.323, Florida Statutes. Motion carried and ordered unanimously.

APPOINTMENT OF SELECTION COMMITTEE, AND AUTHORIZATION TO SELECT COURT- APPOINTED COUNSEL, RE: JUVENILE DEPENDENCY PROCEEDINGS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize formation of a committee, comprised of Commissioner Truman Scarborough, Honorable Edward J. Richardson, and Honorable Bruce Jacobus, to select attorneys for juvenile dependency appointments and determine appropriate method of payment of attorneys consistent with concerns regarding economic feasibility, ease of budgeting, maximizing reimbursement from the State, and provision of high-quality representation in such cases. Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT, RE: DRAGON LADY'S DEN OF BREVARD, INC. V. BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to accept $40,000 settlement proposal from Dragon Lady Restaurant in the case of Dragon Lady's den of Brevard, Inc. v. Brevard County. Motion carried and ordered unanimously.

APPROVAL OF BUDGET AMENDMENT, RE: DRUG CONTROL BYRNE GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Budget Change Requests to initiate line item transfers from Compensation and Benefits, Operating Expenses and Capital Expenditures within the Sheriff's FY 1998 Budget, with no change in the grant appropriation for Drug Control Byrne Grant. Motion carried and ordered unanimously.

APPROVAL, RE: REVISED PRECINCT LEGAL DESCRIPTIONS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the revised precinct legal descriptions changing existing precincts due to annexations by the City of West Melbourne and clarification and revisions of Melbourne (County) precincts. Motion carried and ordered unanimously.

ACCEPTANCE, RE: INVESTMENT ACTIVITY REPORT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to acknowledge receipt and accept the Investment Activity Report as of July 31, 1998. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to acknowledge receipt and accept the Revenue Monitoring Report for the quarter ending June 30, 1998. Motion carried and ordered unanimously.

PERMISSION TO DONATE SURPLUS PROPERTY, RE: SPEAKOUT HOTLINE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve donation of surplus 486 computer and desk to Speakout Hotline. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Bills and Budget Changes as submitted. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: LAKE WASHINGTON PARK REDEDICATION

Commissioner Cook stated there was a rededication at Lake Washington Park last week; and commented on the improvements.

PUBLIC HEARING, RE: RESOLUTION INCREASING EMERGENCY MEDICAL SERVICES ASSESSMENT

Chairman Voltz called for the public hearing to consider a resolution increasing emergency medical services assessment. She stated this is the first increase since FY 1993; the Solid Waste assessment will be decreased; and so there is no difference for the taxpayers.

Commissioner Cook stated he thought it would not be necessary to have an increase. Chairman Voltz stated it is an offset, so there is no increase. County Manager Tom Jenkins stated a confusing statement may have been made at the Budget Workshop, but the increase did not go away.

Commissioner Higgs stated it will be an increase in this area, but another item further down the Agenda will represent a decrease, so there will be no net increase to the ratepayers in the County; and this will allow an opportunity to shift resources where most needed without harming the Solid Waste Program. Commissioner O'Brien stated Items IV.A and IV.J are a swap out. Commissioner Cook stated he still thought it would be possible to not increase the assessment.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution establishing rates for the Emergency Medical Services Assessment; providing for a specified service area; and providing for an effective date.

Commissioner Scarborough described the various areas; noted the disparity in numbers; and stated the Board needs to look at fees as a whole so the people will understand disparities and the Board will understand why the areas need to be adjusted from time to time.

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

PUBLIC HEARING, RE: RESOLUTION AMENDING FEES FOR BREVARD COUNTY EMERGENCY AMBULANCE SERVICES

Chairman Voltz called for the public hearing to consider a resolution amending fees for Brevard County Emergency Ambulance Services. She stated it increases ambulance service from $260 to $275 and from $4 to $5 per transport mile. She stated the fiscal impact would be approximately $225,000 in revenue in the North Assessment Area; and inquired why it is only that fund. Public Safety Director Jack Parker stated this is only for the portion that the Brevard County Fire Rescue operates ambulances in. County Manager Tom Jenkins advised this brings the County's rates closer to what other ambulance companies are charging, and is less than what Medicare allows under reimbursement. Commissioner Scarborough stated the north end of the County in this case is from Barnes Boulevard north.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution amending Resolution No. 94-063 amending the fees and charges collected by the Board of County Commissioners of Brevard County, Florida, for emergency ambulance services; providing for a specified service area including all of Brevard County, Florida; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION PROVIDING FOR A REFERENDUM TO INCREASE FIRE MUNICIPAL SERVICE TAXING UNIT MILLAGE

Chairman Voltz called for the public hearing to consider a resolution providing for a referendum to increase Fire Municipal Service Taxing Unit millage. She stated this is a referendum for the November 3, 1998 ballot to increase the Fire MSTU by 0.6431 mill within the unincorporated area of the County, and providing for how the MSTU increase shall be used for hiring of 60 firefighter paramedics and three firefighter field supervisors, purchase of firefighting vehicles, establishment of all County fire engines as ALS First Responders, and construction, refurbishment, renovation and/or improvement of no less than two stations per year. County Manager Tom Jenkins emphasized it is for the unincorporated area. Chairman Voltz stated in Palm Bay, there have been referendums and then the General Fund was supplanted; and inquired if that is going to happen; with Public Safety Director Jack Parker responding no. Mr. Parker advised the County has its own Fire MSTU; the referendum is only for those people in unincorporated areas of the County; and the money would be solely dedicated to the firefighters.

Commissioner Cook inquired if this is proposed to go on the November ballot; with Mr. Parker advising it is on the November 3, 1998 ballot.

Chairman Voltz reiterated it is for the unincorporated area; and the cities would not be affected at all.

Commissioner Higgs stated if approved by the voters, the initiative will allow three-man crews which is an important safety factor that will improve the level of service; it will allow the County to be more closely aligned with the cities; and in the long run, it will be more efficient and cost effective Countywide. She stated the County and the municipalities have been working closely to bring their systems together to have a cost effective and effective emergency services; and this will go a long way to implement that.

Commissioner Scarborough stated a lot of the cities are at a higher level; in order to have mutual aid agreements, the County has to deliver quid pro quo; and this would allow the County to enter into more agreements so both sides can build fewer facilities. Commissioner Higgs reiterated it will mean much better service and will be more cost effective for everyone; and it will be a wonderful step forward if the citizens approve. She stated the professional firefighters are ready to support this.

Commissioner Scarborough stated there is some confusion about the Mims/Scottsmoor area regarding the paid station. He stated as a separate action not related to the resolution, there was a budgetary discussion about putting in paid stations at the far north and south ends of the County; in those areas, they have relied substantially on volunteers who may not always be available to fight fires; and a belief developed that the building of the stations was contingent upon the passing of the referendum; but those two things are not tied together.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution pursuant to Section 125.01(1)(q) Florida Statutes and Brevard County Home Rule Charter, Articles 5, Section 5.4, calling a referendum on proposed increase to the Fire Control Municipal Service Taxing Unit (MSTU); providing the proceeds of said MSTU, and any interest accrued thereto, shall be expended within Brevard County, Florida, to finance, refurbish, construct, staff, equip and improve the Fire Rescue stations, and operations; providing for the distribution of proceeds solely to the Brevard County Public Safety, Fire Rescue Services; requiring approval by majority vote of the qualified electors of the unincorporated areas of Brevard County; providing for a referendum vote on November 3, 1998; providing for publication of notice of referendum; and authorizing the Brevard County Supervisor of Elections to properly conduct the election called for herein, providing for ballot language; providing for severability; providing for repeal of resolutions; and providing for an effective date.

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

PUBLIC HEARING, RE: RESOLUTION INCREASING FEES FOR PROBATION SUPERVISION, DRUG SCREENING, AND BREATHALYZER TESTING

Chairman Voltz called for the public hearing to consider a resolution increasing fees for probation supervision, drug screening, and breathalyzer testing.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution establishing: (1) a drug testing fee of $50 for unlimited drug screening for a period of 6 months and a $10.00 fee for single drug screening, and (2) adopting a fee increase of $5.00 for cost of supervision for those defendants assigned by the Courts of Brevard County to Court Alternative Services.

Commissioner O'Brien inquired what constitutes supervision, and what is the current charge. Court Alternatives Director Pat Bean responded currently the clients pay $45 per month for supervision; and that will go to $50. Ms. Bean advised supervision includes meeting with the clients according to their needs and making sure they fulfill the court's requirements. County Manager Tom Jenkins stated this requires the people who are placed on probation to bear some of the cost. Commissioner O'Brien advised he is aware of that, and his question was in terms of finances not program; and inquired how many clients are there. Ms. Bean responded in 1997, 36,000 cases were supervised. Commissioner O'Brien inquired if each one paid $300; with Ms. Bean responding those people who prove they are indigent receive a waiver. Commissioner O'Brien inquired how many clients were indigent of the 36,000 clients; with Ms. Bean responding approximately 20%. Commissioner O'Brien stated approximately 29,000 people paid $45 a month for six months; with Ms. Bean advising it is 36,000 cases, but a person may have a multitude of cases. Commissioner O'Brien inquired how many clients were there; with Ms. Bean responding in 1997, approximately 14,000 people. Commissioner O'Brien noted minus 20% would be 11,200 clients; and inquired if they all paid $45 per month. Ms. Bean stated they either paid or there is a reduced fee according to ability to pay. Commissioner O'Brien inquired how much money does the program take in; with Ms. Bean responding the fees for services in 1997 were $1,125,321. Commissioner O'Brien inquired what were the costs to operate; with Ms. Bean responding $2 million.

Discussion ensued on the amount of clients as a percentage of the County population.

Commissioner O'Brien stated the amount is reasonable; and he just wanted to identify the large numbers before approving the $5 increase because most of the people cannot even afford the $45 charge. Ms. Bean reiterated there are waivers for indigent individuals; but the more people who pay, the more they are able to waive the fees for those who cannot. Commissioner O'Brien inquired what is the highest incidence of crime; with Ms. Bean responding the highest percentage of clients are DUI clients.

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN REPLAT OF BLOCK 17, PORT ST. JOHN, UNIT 1 - HONEYCUTT & ASSOCIATES, INC.

Chairman Voltz called for the public hearing to consider a resolution vacating public utility and drainage easements in Replat of Block 17, Port St. John, Unit 1 as petitioned by Honeycutt & Associates, Inc.

Commissioner Scarborough stated there was an objection from Water Resources. Assistant Public Works Director Ed Washburn responded all of the objections have been resolved through an easement to the County; the vacating of the existing easements will not occur until the lines are in; and the County Attorney has approved the document; and the Board is being requested to approve the vacating and accept the easement from the owner.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution vacating public utility and drainage easements in Replat of Block 17, Port St. John, Unit 1 as petitioned by Honeycutt & Associates, and accept easement for sewer, utility, and lift station ingress and egress for the new location of the sewer lines. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - BAREFOOT BAY REALTY

Chairman Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Barefoot Bay Realty.

Commissioner Higgs advised the objection of FP&L has been resolved; with Assistant Public Works Director Ed Washburn confirming it has been resolved.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Barefoot Bay Realty. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY SOUTH OF SUNTREE ESTATES AND WATERFORD PLACE - CHARLES R. BOYD

Chairman Voltz called for the public hearing to consider a resolution vacating rights-of-way south of Suntree Estates and Waterford Place as petitioned by Charles R. Boyd.

B. B. Nelson, representing the Shriners, requested fellow Shriners stand; with a group standing in support. Mr. Nelson expressed concern about vacation of the road because it will limit access to the Shriner property on I-95 to the north; stated the major access is to the south; and recommended the Board take an interest in planning. He distributed maps; and stated it is a pictorial of the proposed Pineda Extension from the Pineda Causeway terminus at Wickham to past I-95. He stated the map also depicts the Shriner's property along I-95; they bought the property in 1987 expecting something to happen on the Pineda Extension; but it has not been done. He stated now subdivisions have been built in front of the Pineda just west of Wickham intersection; and now the Board is proposing to vacate a street in the area of I-95 to build additional subdivisions near where the proposed interchange would be. He requested the Board instruct staff to do some planning of the proposed interchange so subdivisions will not be built to block it again; and outlined problems at Pineda Extension and Wickham. He stated Duda & Sons has given all the right-of-way necessary from Wickham west up to the Shrine property; he offered to exchange acre for acre the Shrine property to the Dudas so they could then donate the right-of-way necessary for the interchange; and the Shriners only have approximately 38 or 39 acres left, so if the interchange went through the Shriner property, it would take almost all of it. He stated they purchased the property anticipating it would be at the southeast quadrant of Pineda and I-95; but the Pineda proposal was moved south based on pressure from Suntree Homeowners Association, then moved north based on pressure from Windover Farms Homeowners, and then it had to go around an eagle's nest and bypass wetlands. He stated the depiction is the right-of-way the County now has; and it meets all requirements. He requested the Board direct staff to plan to begin obtaining right-of-way necessary for the interchange before a subdivision is built to block it. He stated the vacating of the road would block the Shriner's access to the north; there is a 100-foot access road to the south; but if the County continues to ignore what is happening in that area, there will be trouble again. He stated the MPO does not mention the Pineda Extension; and inquired why is it not being discussed. He stated if it is extended from Wickham to I-95, it will take traffic off U.S. 1 and Wickham Road.

Commissioner Cook stated at the time the Agenda item was put forward, there were no objections; but today Mr. Nelson has come forward with concerns.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing to vacate rights-of-way south of Suntree Estates and Waterford Place, in Section 26, Township 26 South, Range 36 East to the next meeting.

Commissioner Higgs inquired if the property being vacated is in the area shown in the drawing. Chairman Voltz stated it is not directly, but there is encroachment. Commissioner Higgs stated Mr. Nelson's point is the need to plan, but this property is not necessarily a part of that; with Mr. Washburn advising it is not. Mr. Washburn advised he talked to Mr. Nelson prior to the meeting; and his concern was to do some planning and make sure no future roads would be vacated that might impact Pineda Extension. Commissioner Higgs stated that is not relevant to the item the Board is considering. Commissioner Cook stated it will not hurt to delay; and if there are concerns, the Shriners should have the opportunity to discuss it with staff. Commissioner Higgs stated Mr. Nelson is objecting to the lack of planning, not the vacating.

Commissioner Cook withdrew the motion to table.

Mr. Nelson stated this is a 50-foot route north of the Shriner property which would cut off access to the north; there is a 100-foot access to the south; and it should not affect the interchange unless it is moved. He stated he is not objecting to the vacating; but recommended the Board not do anything else regarding the vacating of rights-of-ways or approving subdivisions until the County makes some plans. Commissioner Cook inquired if Mr. Nelson already discussed this with staff; with Mr. Nelson responding affirmatively.

Discussion ensued on the relevancy of Mr. Nelson's comments.

Commissioner Cook inquired if Mr. Nelson objects to the vacating; with Mr. Nelson responding no. There being no further comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution vacating rights-of-way south of Suntree Estates and Waterford Place, in Section 26, Township 26 South, Range 36 East. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN THE CLOISTERS, PHASE 1 - JOHN E. NEWTON

Chairman Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in The Cloisters, Phase 1 as petitioned by John E. Newton. She stated this is in her District, and there are no objections.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution vacating public utility and drainage easement in The Cloisters, Phase 1 as petitioned by John E. Newton. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN THE CLOISTERS, PHASE 1 - DR. NONGNOOCH R. DUNN

Chairman Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in The Cloisters, Phase 1 as petitioned by Dr. Nongnooch R. Dunn. She stated this is in her District, and there are no objections.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution vacating public utility and drainage easement in The Cloisters, Phase One as petitioned by Dr. Nongnooch R. Dunn. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING SOLID WASTE SPECIAL ASSESSMENT RATES, FEES AND CHARGES, AND RATIFYING, CONFIRMING AND CERTIFYING SOLID WASTE ASSESSMENT ROLLS

Chairman Voltz called for the public hearing to consider resolutions adopting Solid Waste Special Assessment Rates, Fees and Charges, and ratifying, confirming and certifying Solid Waste Assessment Rolls. She advised the Solid Waste disposal assessment will be reduced from $59 to $56; and the commercial billing unit will remain the same. Solid Waste Management Director Richard Rabon advised the commercial billing unit will also be reduced from $172 to $161.

Commissioner Cook stated there is a reduction in Solid Waste assessment; with Mr. Rabon advising it is being reduced 5% or $5.07. Commissioner Cook stated that is remarkable.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolutions approving imposition of an annual Solid Waste Collection and Recycling Program Special Assessment; ratifying, confirming and certifying the Annual Collection and Recycling Program Special Assessment Roll; ratifying, confirming and certifying the Annual Disposal Assessment Roll; adopting a Schedule of Rates, Assessments and Charges for the Solid Waste Disposal System; and imposing a Solid Waste Impact Fee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION RENEWING NON-EXCLUSIVE CABLE COMMUNICATIONS SYSTEM AND SERVICES FRANCHISE FOR TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP D/B/A TIME WARNER COMMUNICATIONS

Chairman Voltz called for the public hearing to consider a resolution renewing Non-exclusive Cable Communications and Services Franchise for Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Communications.

Commissioner Cook inquired what is the impact of the change; with Staff Specialist Sharon Luba responding it is a renewal; and TWC has asked that the three current franchises be combined into one franchise. She advised this will be for ten years, and the previous franchise was for fifteen years. County Manager Tom Jenkins stated it is non-exclusive, and other companies can compete. Ms. Luba stated Time Warner has given the County a $25,000 grant for government channel equipment; and it has changed the density from 35 homes to 30 homes to allow more people to get cable. Commissioner Cook stated this will be in addition to BCC; with Ms. Luba responding the government channel will come online by the end of the year for the County and participating municipalities.

Discussion ensued on use of the channel by the School Board, School Board having a separate channel, and three government channels.

Commissioner O'Brien inquired how does this differ from what the Board did three years ago when it decided it wanted nothing to do with cable television franchises because the Board has no power to do anything with it. Ms. Luba responded the problem a few years ago was with rate regulations; and the County has no authority over rate regulations or programming services; and what is before the Board is a franchise per Florida Statute and the FCC for the use of the rights-of-way.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution renewing Non-exclusive Cable Communications System and Services Franchise for Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Communications. Motion carried and ordered unanimously.

The meeting recessed at 10:17 a.m. and reconvened at 10:25 a.m.

PERSONAL APPEARANCE - MARY KOFIL, SPCA, RE: NEW FACILITY FOR SPCA OF NORTH BREVARD

Mary Kofil, representing the SPCA, requested the Board investigate the feasibility of a new facility for the companion animals of North Brevard; and stated the present shelter is inadequate to meet the needs of an increasing population. She advised a packet was sent to the Commissioners.

Chairman Voltz stated it sounds like the facility is a mess. Ms. Kofil stated she has pictures if the Board desires.

Commissioner Scarborough stated the County has a facility next to Arthur Dunn Airport; and expressed concern about the age, size and location of the facility. He stated Port St. John is also served by this facility; and if the County relocated to SR 405 or TiCo Airport, there could be a greater utilization of staff. He stated they were thinking about moving to some place where property could be acquired or existing County lands at minimal cost; and advised of meetings with the City concerning contamination of drinking water. He requested an analysis be done and a report come to the Board in several months.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct staff to report to the Board within 90 days with cost analysis on the feasibility of a new facility for the SPCA of North Brevard.

Chairman Voltz inquired if the motion includes the possibility of selling the property to the Airport; with Commissioner Scarborough responding affirmatively. Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

County Manager Tom Jenkins advised staff will probably have the analysis sooner than 90 days because the Board may want to consider it for the Legislative package.

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

Commissioner Scarborough stated there is not a particular site plan for this; it does not show the location to the extent the Board normally sees it; and inquired how to proceed. Planner Tom Myers stated PrimeCo tried to get copies of information concerning the location out on Friday; this is the lease request; and what they are asking for is for the Board to interpret its provisions in the Conditional Use Permit for Towers and Antennas that says, "Existing towers may be reconstructed or removed and rebuilt if the reconstruction is for the purpose of adding additional antennas which would otherwise require construction of a new tower, provided that the reconstructed tower does not exceed 200 feet and does not require lighting." He stated PrimeCo is asking for an interpretation from the Board whether moving the tower approximately 30 feet would constitute a replacement tower or whether this is a new tower which would need to go through the CUP permit process. He stated the tower does not qualify for a permit without a conditional use permit unless it is interpreted as a replacement tower.

Commissioner Scarborough stated this is on Courtenay Parkway.

Commissioner O'Brien distributed a map showing the SR 528/Courtenay Parkway area and the existing and proposed tower locations. He stated he does not find any reason to object solely because they are taking the old antenna down; the antenna is almost touching the building; and the new one will be within the designated area and have no guy wires.

Chairman Voltz inquired how this relates to the Sprint Com tower. She stated it is on the same piece of property; it is moved a short distance away; it is still within all the necessary parameter; and the County is doing the same thing. Commissioner O'Brien stated there is already an antenna there; with Chairman Voltz advising there is already an antenna in the case of Sprint Com. Commissioner O'Brien stated B. B. Nelson mentioned he wanted to put an antenna in North Merritt Island; and with PrimeCo taking over the Sheriff's antenna, it will eliminate the need for another antenna that close to the bridge. Chairman Voltz advised of the similarities between the two cases. Commissioner Higgs stated the issue staff is bringing to the Board is clarification of the policy in terms of what renewal of a tower means; and the Board will establish a precedent and policy for all towers.

County Attorney Scott Knox stated there was originally an interpretation of the Ordinance which allowed relocation of a tower somewhere else on the same property; and that came up in the context of a tower that was proposed to be relocated 500 or 600 feet away from the existing tower, closer to residential development. He stated the Ordinance calls for the replacement to be in the same location. He stated the applicant is requesting an interpretation that the relocation would be something less onerous than putting it in the same spot.

Chairman Voltz stated the problem is whether five feet is all right or is one hundred feet all right. Commissioner Cook stated the same location means the same location; and the original interpretation was that if a tower was being replaced in the same location, that was fine; but if the location was to be changed, it was necessary to go back through the process. Chairman Voltz stated if they want to move it on the same parcel and still meet all the criteria, it should not be a problem.

Commissioner Cook stated the problem originally was that some of the parcels are large, and in one case a tower was being moved 600 feet closer to residential which was a significant change. Chairman Voltz inquired would the tower be able to meet the criteria after it was moved; and stated if the tower meets all the criteria, why not have them move it. Community Development Administrator Peggy Busacca stated the tower provider would like the old tower to continue to function while the new tower is being replaced; and they cannot be replaced on top of each other. She stated the issue is how far away would be acceptable; and the exact location would be problematic for the tower provider because of the discontinuance of service during construction. Commissioner Cook stated that happens with a lot of businesses when they have to renovate; and inquired how the criteria of five times the tower height comes into this. Mr. Myers stated both of the properties today are commercial or industrial zoning; and there is possibility of placing the tower without a conditional use permit provided the criteria is met; however, the PrimeCo tower could not meet the criteria, and the relocation is moving it closer to residential in two directions. He noted it is a unique case; the tower that is coming before the Board later would meet the five times the height from residential setback, but not the onsite 200-foot setback; and it does not meet it now. He stated it was staff's interpretation at that time that where you are allowed to replace uses and are non-conforming, the County will allow it to become more conforming; whereas the tower was 120 feet from the line, it would be 150 feet as a result of relocation; and that is why staff felt the next request was consistent with the replacement criteria. He stated the applicant on PrimeCo is asking to be considered consistent with replacement criteria based on unique physical features on the site, the unique shape of the building, etc. County Manager Tom Jenkins stated in the future Board direction would be helpful about whether to enforce it as written or to modify the language; and staff does not want to interpret. Commissioner Cook advised of the necessity of a consistent policy. Chairman Voltz stated it would not be possible to say 5 feet or 10 feet away, but if they met all the criteria, then it would not have to come to the Board.

Commissioner O'Brien stated there is nothing wrong with replacing the tower that is there; and although it may not meet the criteria, it is still a replacement. He stated the County generates revenue from the tower; the value of the tower is $150,000 which would be given to the Sheriff for $1 in 15 years; but the County will received 10% of the revenues every year from the first sublease and 20% of all recurring revenues for every sublease after that. He stated the question is whether this is a Sheriff's tower or a Brevard County tower; and if it is a Sheriff's report, the Board would like to receive bi-annual reports on the incomes derived and where that money goes.

Commissioner Higgs stated she does not mind having a reporting mechanism on all towers; but the Board needs to deal with the location first. She inquired if the tower is more conforming in the new location; with Mr. Myers responding no. Commissioner Higgs suggested whether it becomes more conforming could be a criteria; stated if the Board sends this forward for a CUP or public notice, it can be consistent because approval would be through the hearing process; but if it becomes less conforming as a result of a replacement, then that may trigger when it should go through the CUP process.

Commissioner O'Brien recommended using common sense; stated there is an 85-foot tower that has been there for years; and this is just a replacement for that tower, and will generate income as well. He stated the reason it is nonconforming is because it is between two buildings.

Commissioner Higgs inquired what principle could be established. Commissioner O'Brien suggested restricting the new height not to exceed 120% of the present height; and advised the Public Works antenna is up against a building and is nonconforming. He stated he would not want to have to take the County's antenna down just because of an Ordinance. Commissioner Higgs stated the question is when it becomes an interpretation of a replacement, and when does it go to the public hearing process. Commissioner Cook stated it is not an objection to this antenna, but there has to be a principle applied because the Board cannot be arbitrary in setting a standard. He stated if a tower is less conforming, it could trigger the process of going through the CUP process, but if it is more conforming, it would not have to go through the process. Commissioner O'Brien inquired if the Board desires to table the item until it has a better concept of how it wants to treat all of the issues. Mr. Jenkins stated the Board needs to make that policy decision. Commissioner Cook stated there is a policy; and the Board is being asked to reinterpret that policy. Commissioner O'Brien stated the Board is not prepared to make those decisions this morning.

Mr. Knox suggested the Board select a percentage of the height of the tower and allow relocation within that distance. Chairman Voltz inquired if it would be the height of the new tower or old tower; with Mr. Knox responding old tower.

Commissioner Cook stated that is something for the Board to look at; but he does not know today what percentage to pick; and there is a need for some flexibility. He inquired if there is any problem in dealing with one provider; with Mr. Knox responding it is not a problem with this particular one. Mr. Jenkins stated the provider can sell space on the tower to other companies. Commissioner Cook stated he wants to be sure no County policy is being violated.

Commissioner Higgs suggested directing staff to come back with options to provide flexibility in terms of the replacement of a tower and how that might be defined, and table this to the next meeting. Commissioner O'Brien agreed; and stated the Board needs more ideas to confront this.
Darren Newsum, representing PrimeCo, stated the location proposed for replacement of the tower was derived due to underground infrastructure for the existing building; and they placed the tower approximately 70 feet away so it would not require replacement of the sewer line, gas line, etc. He stated PrimeCo can go in the exact location of the existing tower; and they have spoken to the Sheriff about relocating the communications facilities temporarily to do that. He stated if it is the desire of the Board, they will replace in the same location; but they thought by moving it, they would not be required to replace the lines.

Commissioner Cook stated the issue is not the location of this tower, but a general policy issue that has to be resolved.

Darren Newsum requested the application be considered; and advised they can put the tower in the exact location.

Commissioner Higgs stated if the Board resolves the locational issue, it needs to make a decision on whether it wants to proceed with the contract.

Commissioner O'Brien stated it is not the location of the tower this morning, it is the present policy that gets in the way of allowing PrimeCo to move the tower. He stated PrimeCo is using common sense in not wanting to have to replace all the lines; and the County is trying to work with PrimeCo, but there is more than just the one tower to be concerned with.

Commissioner Higgs inquired if there are any differences in this contract and the other one with the County. Sheriff's Finance Manager Mike Abel stated this particular contract allows for the Sheriff to have no maintenance responsibility for the tower whereas on the other towers, the Sheriff has maintenance responsibility; PrimeCo would have responsibility for any damage or destruction; the tower has a $12,000-a-year lease value; and in this contract, it goes up 10% the first year and 15% the second year, and then goes to five-year increments. He stated the actual inflation value of this contract is more than the prior contracts; the term of the lease is the same as the prior contract; at the end of the term, for $1 the ownership of the tower returns to the Sheriff's Office; and if there are any subleases on the tower, the Sheriff receives a percentage of the proceeds.

Chairman Voltz inquired if this has already been included in the Sheriff's budget as revenue; with Mr. Abels responding yes. Commissioner Cook inquired how that could be; with Mr. Abels responding they have been negotiating this for four or five months. Commissioner Cook noted it requires approval, and inquired how something that is not approved can be budgeted. Mr. Abels advised they project revenue; the budget is based on revenues they expect to receive; and the PrimeCo and Sprint Com leases are all part of the budget.

Sheryl Denan, representing PrimeCo, stated it is difficult for staff to interpret the Ordinance; they have been working for approximately one and one-half years to get an antenna in this area; and they fell into the moratorium and could not move forward. She stated they thought the intent of Code was that if a vertical structure was there, and was replaced, that it would not have the impact on the community that building another tower in another area would have. She stated she was given information from staff that indicated it would be a permitted use; then she was told it was a conditional use; and they apologize in bringing this to the Board in this format, but they were unable to get a concise answer. She recommended any policy be clear and concise so staff will have the necessary direction.

Commissioner Cook stated it has to be clear so everyone knows exactly what is required.

Ms. Denan stated she covers 17 counties and 139 jurisdictions; and it is easier to work with a clear ordinance. She stated they have no problem in going forward with a good conditional use application, but they have a problem going forward with one that is not clear; and they would have had the application in several months ago, running concurrently, but they did not know what to do.

Chairman Voltz inquired if there is any problem delaying this; with Ms. Denan responding affirmatively.

Commissioner O'Brien stated there will be a two-week delay; there are other problems; and he has not had time to read all information because it arrives so late.

Motion by Commissioner O'Brien, to table consideration of License Agreement with PrimeCo Personal Communications to September 8, 1998.

Commissioner Higgs stated the issue of replacement cannot be resolved today; but the contract is consistent with others the Board has approved. She noted if the Board approves the contract without the footage, then it could move forward as the existing tower. Chairman Voltz stated the contract may be different if it is a different height. Commissioner Higgs stated the contract does not specify those issues. Commissioner Cook requested the memorandum from the County Attorney advising this does not violate any other policies of the County. Commissioner O'Brien stated there are three issues involved; one is rebuilding the antenna in its present location, and the Board needs a policy for all antennas; the second part is whether the Board agrees with the contract, and there may be problems; and the third part is accountability for the funding derived from that contract. He stated he would like to get together with staff to discuss this. Chairman Voltz stated she just got a tower and antenna ordinance from the Florida Association of Counties; it will be faxed to each Commissioner; it has been legally challenged and stood up; and the Board may want to look at it.

Mr. Jenkins noted September 8, 1998 is the evening budget hearing; and suggested it be tabled to September 15, 1998.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table consideration of License Agreement with PrimeCo Personal Communications to September 15, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-510, ARTICLE III, REGULATING DEVELOPMENT OF WEST CANAVERAL GROVES AREA

Chairman Voltz called for the public hearing to consider an ordinance amending Section 62-510, Article III, regulating development of West Canaveral Groves area. Commissioner Scarborough stated he is in receipt of numerous letters on this issue.

James Darville, Sr. noted the lack of services provided for their tax dollars; and inquired what is the purpose of the ordinance. He stated he cannot see taking away private property rights and stopping development. He described his properties; and stated the County derives revenue through taxes on his properties. He advised of the development of other sections of Canaveral Groves; and inquired what will happen to people already living there.

John Skinner stated he bought property in Canaveral Groves in the last year; and it is unfair to have this meeting in the morning when the majority of people who own property in the area cannot attend. He stated the biggest issue is where the money will come from to regrade the roads; and the County and government grants should take care of it. He stated most owners would not mind paying an additional $100 a year in tax to fix the roads; and commented on the availability of right-of-way.

Charles Hammond advised of problems at his present location in Port St. John; stated they bought property in Canaveral Groves; and advised of the advantages. He stated he bought the land, and now the County is saying he cannot build on it; and inquired if some foreign country wants to buy the land.

Janice Vecchio stated she and her husband have owned property in Canaveral Groves since 1969; now she is retired; they drove out to the property last night; and while they were distressed to see the condition of Satellite Boulevard, they were pleased to see the condition of the property. She stated she scanned the proposed ordinance this morning; however, the restrictions would make it extremely difficult to build on their property or sell it, which would create a burden for them. She expressed concern about various provisions of the proposed ordinance which prohibit the use of the land without prohibitive costs. She requested the Board work with the property owners to make the area attractive and workable.

Bobby England complimented staff on its support and courtesy. He stated in 1994 the Board accepted the roads as is and allowed people to build; outlined his actions to get his property ready to build; and advised of the availability of utilities in the area. He stated the proposed ordinance will make his investment worthless; and inquired how long it would be before he could develop. He stated the proposed ordinance does not fix any of the problems; there is a process to take easements, if necessary; and inquired what will happen to people who are already living there. He inquired if services are going to be provided for some residents, what difference does it make if more are there. He recommended the Board deal with those people who are not in compliance with the Code rather than penalizing everybody. He noted when he bought property, the rules were in place; and it is unfair to change the rules in the middle of the game. He recommended the Board not accept the ordinance, or at least be reworked to take into consideration people like him.

B. B. Nelson stated a lot of the problems were created by a previous Board; the plat was recorded and then unrecorded; a lot of roads are not dedicated even though they were at one time; and some of the roads were built and usable. He stated now the County is saying the roads are not dedicated unless the County wants them to be; and it is up to the Board to take the leadership and solve the problem. He advised of what happened in Section 33, where the Section was assessed for a tax district, and paved streets and city water were put in. He stated Section 33 brings in $2,464,864 a year in total taxes; the adjacent section without the amenities brings in $214,000; and it behooves the Board to take action to make some improvements, with the increased tax or an MSTU paying for the improvements. He read aloud his tax bill for property on which he cannot build in Canaveral Groves.

Commissioner Higgs inquired how much is the bill; with Mr. Nelson responding the total taxes are $68.51 because he cannot use it. He stated he does not use some of the things listed on his tax bill; and a class action suit could stop it. He requested the Board not approve the ordinance.

Judith Gallas stated she purchased property for retirement. She noted having the meeting in the morning makes it more difficult for local people to attend.

Commissioner Cook inquired why was this not scheduled for a night meeting; with Community Development Administrator Peggy Busacca responding it was put on the Agenda as quickly as possible to get it through the Local Planning Agency and to the Board because the direction had been given several months ago. She stated staff sent 1,500 letters out; and it was never staff's intent to not notify the public or not have them participate.

Ms. Gallas stated she visits her property to sit in the wilderness; there are young children in the neighborhood; and the families deserve a break. She requested more in-depth research on how tax money can be used productively to nurture the people in Canaveral Groves.

Valerie Pachelo stated she purchased land 6 months ago for retirement purposes; and explained why she wanted to move to the country. She stated the land was reasonable; they can deal with the roads; they were in their present condition when they bought the land; and she does not see why the ordinance should be passed because people would not be allowed to build. She noted there are already people out there; and inquired why she should not be able to live there too.

Chester Osakiewicz stated he has owned his land and paid taxes on it for a long time; he intends to live on the property some day; and after 1994 or 1995, no one was supposed to be allowed to move to the area without permits, but people still move out there. He stated the County does not do anything about it; most of the people have the money to pay the taxes, permit fees, etc.; and advised of poaching in the area. He stated the Board let it get this far; it accepted land where people dumped trash onto a street; and that happened within 20 feet of a trench which goes to the St. Johns River.

Commissioner Scarborough inquired if Ms. Busacca is aware of the trash Mr. Ozakiewicz is referring to. Ms. Busacca responded she is aware that a trash pile was investigated by Natural Resources; after they became aware of it, staff did a preliminary environmental assessment on all the roads; so that in the event someone wanted to sign over property to the County, staff would know whether there was an environmental problem before it became the County's responsibility. She stated she does not know the status of the issue. Commissioner Scarborough stated they cannot go on private property, but if it is on County property, there is a mechanism to have that removed; and staff needs to get that information; with Ms. Busacca responding staff can do that. Mr. Ozakiewicz stated he can bring a video tape because he was out there the same day. Commissioner Scarborough requested Mr. Ozakiewicz point out the location on the map for Ms. Busacca. Mr. Ozakiewicz stated the people were promised that Satellite Boulevard would be taken over by the County, which it was; and then the County said it would take over Satellite Boulevard and half a mile off each street through certain sections, which has never been done. He stated the County has made a lot of promises; and that is why he kept his land. Commissioner Scarborough suggested someone from Road and Bridge report on what the County is maintaining and how it is being maintained. Mr. Ozakiewicz stated the County maintains nothing on the side streets. Ms. Busacca stated the County maintains Satellite Boulevard in a usable condition from the intersection where it goes in Section 8. Commissioner Scarborough stated he wants to know about the frequency of maintenance and what equipment is used. Mr. Ozakiewicz stated after the County agreed to the maintenance, someone came out and cut down large trees; and inquired why the County cannot keep some of its promises. He inquired why he cannot permit his land to live on; and stated there are two people living across the road from him. Commissioner Scarborough stated currently people can pull permits; and inquired if Mr. Ozakiewicz has been denied a permit. Mr. Ozakiewicz responded no, he has been disabled since December, and he is trying to work through it; and the ordinance should not be passed.

Commissioner Higgs inquired when Mr. Ozakiewicz bought his land; with Mr. Ozakiewicz responding nine years ago. Commissioner Higgs stated prior to 1994 when the Board accepted the roads for building permit purposes, Mr. Ozakiewicz could get a lawful permit. Mr. Ozakiewicz stated people were living there. Commissioner Higgs stated between April, 1994 and now, Mr. Ozakiewicz could have done any kind of building because there was no limit on pulling building permits. Mr. Ozakiewicz stated he bought the land for his enjoyment at first; but the promises to maintain the road have not been kept.

Public Works Director Henry Minneboo stated the County maintains Satellite Boulevard in its entirety from SR 520 north; that is all the County ever agreed to do; and he never heard about maintaining a mile or half mile to either side. He stated they maintain the road once or twice a month depending on weather conditions.

Commissioner Scarborough inquired if that is the same frequency as other roads in the Canaveral Groves area; with Mr. Minneboo responding the number of residents living on a road dictates the frequency.

Alvin Stern stated the change of the Ordinance would cause a strain on many people; many people have purchased land since the Ordinance was adopted; and advised of the revenue derived from development. He stated his company, Mobile World of Brevard, has put approximately 16 mobile homes in the area fully to Code; if the Ordinance is repealed, the West Canaveral Groves area will return to the old ways with tents, old buses, etc.; and requested the Board not penalize people who are going in there properly, but penalize those who are not in compliance. He stated if he went into Port St. John or Suntree without permits, he would be stopped; and requested the same be done in West Canaveral Groves. He requested a method to develop West Canaveral Groves be worked out.

Dick Gregory stated he mailed approximately 1,000 letters to the property owners in West Canaveral Groves; and all the people agree they do not want to rescind the roads. He stated he received 30 to 40 letters; and presented a written proposal to the Board. He stated Satellite Boulevard is maintained from SR 520 to Palmetto; and described maintained roads, unmaintained roads, drainage, and properties rezoned to ARR on the map. He advised of costs to grade the roads and run water lines; and stated it could be paid as a ten-year bond issue at $120 plus interest per year. He stated 100 people attended the LPA meeting and were treated fairly. He stated in 1980 the County did an MSTU in Sections 2, 3, 4, 9 and 11; and the property owners in those sections paid a minimal amount of money for six years for road improvements. He stated in Section 33, the tracts were 2.5 acres; it is the most desirable section; and most of the homes are in the $180,000 price range. He stated most of the roads are graded and in passable condition.

Terry Rosenberger stated he sent letters to the LPA and the Board requesting they consider a vested rights clause, go with the P&Z Board recommendation to approve the first three, and reconsider the one that would amend the building permitting for road rights-of-way. He stated he listed his property for sale at one acre for $9,000; and advised of the condition of the property, proximity to electricity and water, and agency reviews which were done. He stated if the Board adopts the ordinance as drafted, he would have to acquire right-of-way himself from five adjoining property owners; and advised of efforts to get people to rezone or donate right-of-way. He stated he bought his property in 1995, and took action to rezone and perform other activities toward a single family residence; and inquired if the Board adopts the ordinance, could he sell his property for the same price after revealing they will have to spend another $5,000 to $10,000. He stated this is affecting the value of those who have taken the time and effort to attend meetings, learn the laws, and respectfully try to come into compliance; and the amendment gives a vested right to those people who went out and built illegally. He stated he would like to be given a vested right within the Ordinances as they are now and be given the same six to seven-year time frame.

Joe Stadnik stated West Canaveral Groves was a sore spot to the County; and described the area. He advised of the platted roads in Canaveral Groves; and stated the County recently started maintaining 3.5 miles of Satellite Boulevard, which is the only usable dirt road in West Canaveral Groves. He stated in April, 1994 the Board accepted all roads within the West Canaveral Groves area for building permit purpose only; and inquired about road maintenance and access to property. He stated at the August 17, 1998 LPA meeting three proposals were presented; and outlined the proposals. He stated the area needs city water, roads, electric, and other improvements to comply with existing County Ordinances. He advised of actions of the P&Z Board on August 17, 1998; and inquired about access to properties if there are no roads. He stated on September 18, 1998, there will be a meeting for West Canaveral Groves to start a homestead property coalition.

Commissioner Cook inquired how would one get to a house if there is no road; with Mr. Knox responding with a four-wheel drive vehicle or horse. Ms. Busacca stated each person owns to the middle of the road; so although the roads are privately owned, all owners have the right to ingress and egress.

Lynn Knight stated she moved to the area in 1981; and advised of their purchase of one of the last pieces of Florida wilderness. She stated they were upset to hear they might not be able to build, but understand the infrastructure is not there; they understood when they bought it, they would have to be responsible for approximately one-half mile of road coming in; and they were willing to forego the luxuries and amenities of an in-town subdivision in order to experience the peace, quiet, and isolation of the wilderness. She advised of the condition of the land and efforts to open the drainage ditch properly; and stated if the drainage was opened up, the land is not nearly as low as it appears, although there are areas which are undeniably wetlands. She requested the Board work with the property owners of West Canaveral Groves to allow them to overcome the problems and address the issues, so they can use the property which they bought in good faith. Ms. Busacca stated the area was subdivided and sold as paper plats; the roads were constructed at some point; there are primitive roads that go up from Satellite Boulevard to the east and west; twelve years ago, the County became aware that people were moving into the area without building permits; and in working through the issue, the County established an Ordinance which would allow the existing permanent structures as of the date of the Ordinance to come into compliance by showing they were safely habitable and could be connected to electrical service. She stated since that time, there has been a large increase in the number of people moving to West Canaveral Groves primarily because the land accepted the roads for building permit purposes only; and an analysis shows that two years ago 90% of the people moving in did so without building permits. She stated last year the number of people moving in with building permits increased, but was still less than 50% of the new residents within the area. She advised an analysis was done, and she can provide information on how much it would cost to put in roads, water, and sewer. She noted there is no solid waste pickup in the area because of lack of access; and the people are not being assessed that on their taxes. She stated there is some concern about fire and emergency vehicles being able to access the properties; and there is a lot of information available.

Commissioner Cook stated the Ordinance was actually adopted in 1994. Ms. Busacca stated staff was directed to go forward to develop an ordinance; staff came back for direction concerning Code Enforcement; and in 1994, the Board directed that the roads would be permitted for building purposes only, but it was not until later that the Ordinance was adopted. Commissioner Cook inquired if that was the Board's position in April, 1994; with Ms. Busacca responding yes, and prior to that date there were no building permits given for any reason.

Commissioner Higgs inquired what does it mean that people do not get building permits. Ms. Busacca stated the people who do not get building permits move in with the barest essentials, and do not have electricity or septic systems; and outlined how some of the residents deal with wastewater. She stated the homes brought in without permits are usually sub-standard; and most of the development has been mobile homes, some of which has been donated. She stated people who come in with permits have to meet all building codes, have septic tanks and potable water, and have access to electricity; but not all residents have electricity because in some cases the easements have not been given to FP&L, and there is no permission to put a pole on an adjacent neighbors property.

Commissioner Cook inquired what was the reasoning in 1994 to allow the permits. Ms. Busacca responded when the Board indicated it was going to go forward with an ordinance providing that on a certain date, everyone would have to get a permit, staff requested direction on what to do as far as enforcement until the adoption of the ordinance. She stated the Board decided it did not seem equitable to allow people who had come in and ignored all of the County regulations to become legal and get permits when there were people who were willing to come in and meet all of the County Codes who would have been kept from getting the permits; and the Board saw it as an equity issue.
Commissioner Scarborough stated if this was an easy situation, the Board would have answered it; but there are several problems. He stated one of the problems is the people who moved out there because they do not like public housing; they have found they have a better quality of life; and while they are not meeting certain health requirements about which the Board is very concerned, they have moved to the area for social reasons which are admirable. He stated as the Board recognizes the need to work with these people, it cannot just let them stay there; and there has to be some means to bring them up to standard.

Chairman Voltz inquired how many people like this are there; with Ms. Busacca responding approximately 200.

Commissioner Scarborough stated if some of the people were displaced, it would have a social impact the Board would not want; and the next issue is how to bring certain people in who have not been in compliance and not allow someone who wants to be in compliance cannot pull a legitimate building permit. He stated as more responsible people move to the area, it will be possible to build an infrastructure which would lead to the health and safety of the people out there. He stated it is prudent not to leave it as a stagnant area; the Board thought with adoption of the Ordinance, that people would cease to move there without building permits; and as that came back to the Board, it began to readdress the issue. He stated instead of answering the problem, the Board may have perpetuated the problem; and while the problem still exists, it probably will be solved by allowing the legitimate building to continue and continue to address the issue of how to put the improvements in. He stated if the Board had the full amount of the taxes, it would not pay for even the minimal amount provided now, but the taxes also go to the School Board, F.I.N.D., etc. He stated the last case the Board dealt with was bringing water into West Port St. John; houses were assessed under an MSBU; an MSTU is a possibility; but when people were polled, there was a negative response. Ms. Busacca advised in excess of 80% of those surveyed said no in 1993. Commissioner Scarborough stated he just met with Dick Gregory, and the numbers are looking better; outlined additional costs; and stated it is getting closer. He stated the question is how the Board can help certain people qualify for assistance; and noted the Board was going to fund some condominiums in La Cita, but has not reached out to those people who have a need, who, if the money was integrated into an MSBU, could have a community everyone would be proud of. He stated there has to be a blended answer; the Board has to look at the people who live there even though there are reasons why it is best that they not be allowed to continue to live the way they are, and improve their health and safety standards; and the answer lies not in stopping building there, but in allowing building with building permits and trying to integrate a tax entity such as an MSTU or MSBU with government assistance to make the basic improvements. He stated it would be nice to have water to the area, and have roads that can handle emergency equipment; and advised of the dangers of not having roads for fire equipment. He stated the Board needs to move forward; and the answer is not in the proposed ordinance.

Commissioner Higgs stated she did not agree with the Board's 1994 action; and the current situation is most unacceptable, with people allowed to go in when there are no roads, no adequate way to serve them with fire protection, and basic health concerns. She stated the County has been unable to get people to comply with building permits; people building not to standard hurts more people than it helps; and the Board cannot close its eyes to it and say it is okay. She stated there are two choices; the Board can come up with a plan to provide the basic infrastructure and necessities; it is not fair for all the taxpayers to assume that cost; and the Board would have to come up with a plan to fund the basic infrastructure or go back and not allow people to continue to move to the area. She stated if stopping building is unacceptable, then the Board has to do something and not just continue with what it has been doing.

Commissioner Scarborough stated there has to be a safe community; but the Board may be more likely to find the funding mechanism for a safe community by encouraging people that this is the place to buy and build. He stated that will create the cash flow that will fund the improvements for health and safety.

Commissioner Higgs stated she looked at a number of studies done around the State of Florida regarding platted lands and the alternatives; and there is no pot of gold for the County to write a grant to get. She stated the same problem of platted lands in Canaveral Groves is also a problem in many areas of the State; there is no magic answer other than government moving forward and come up with a funding mechanism; and that is what the Board has to do. She noted MSTU's and MSBU's have been mentioned; and the Board will have to look seriously at those funding mechanisms or act in a way that will not please many people by stopping them from building in a condition that is unsafe. She suggested the Board look closely at the MSTU/MSBU and what the ARR zoning has done to the area.

Chairman Voltz agreed with Commissioner Higgs; and stated the Board has created a monster. She stated it is unsafe out there as far as fires; a fire beginning in that area could sweep through and destroy everything because the fire trucks could not get out there; and if someone had a heart attack, getting an ambulance to the area would be a problem. She stated it may be an unpopular decision to adopt the ordinance. She inquired in Valkaria, what is precluding Mr. Tietig from doing the same thing; with Commissioner Higgs responding unless the County is active with enforcement, people can build in other places that are unacceptable and unpermitted. Chairman Voltz stated the Board can perpetuate the same problem elsewhere in the County; and commented on the possibility of lawsuits because some people are not allowed to build while others are. Commissioner Cook noted they are not allowed to build without permits. Chairman Voltz advised there are still a lot of people living there with feces in buckets which is uncalled for in the 1990's.

Commissioner Scarborough stated if the concern is building without permits, that occurred before and after the Ordinance was changed, and will probably continue to occur because those people do not care what is in the ordinance. He stated the ordinance affects those people who legitimately want to spend the money that is required to come into compliance with the current County Code; the issue is if the Board wants to find a solution, is it better to get more people out there who want to spend the money to bring it up to standard, or should the Board close the door, and continue to find people moving out there without permits. Chairman Voltz stated the Board has to find a funding mechanism; and suggested closing the door for six months to a year, and then come back with a definitive answer to take care of the problem. Commissioner Cook stated this problem has gone on since the early 1980's; and regardless of what is in the ordinance, there will be individuals who will move out there not in compliance. He stated he agrees with encouraging people to go out there; people have testified today that they bought in reliance on the fact that they would be able to use their property; and the Board should not discourage that because it does build a base for the future that could help support the infrastructure that is needed. Commissioner Scarborough stated these are the people who will support the MSBU/MSTU to put in the improvements which will help the whole community; and the answer lies in money, not rules. Chairman Voltz agreed with Commissioner Scarborough; but inquired how many people will move to the area within the next six months to a year to build up enough base for funding.

Commissioner Scarborough suggested taking no action on the ordinance, and ask staff to address possible funding mechanisms to make this work. He stated the answer is not with any State or federal program; the last time the County went out for Local Option Gas Tax bonding, his predecessor used money to pave dirt roads in the Mims/Scottsmoor area; and suggested the County create its own subsidy program for those without the financial means to pay so the County does not displace people. He stated the County may improve the roads and displace people because they cannot pay their taxes; and it is a real issue. He inquired why the County cannot use road monies to supplement another program; and stated with the last bonding, one of the first things done was the paving of roads in North Brevard.

Commissioner Higgs stated she is willing to look at a number of things that could be done; what is most objectionable is not doing something; and she is not willing to wait six, eight, or ten months to do something. Commissioner Scarborough inquired if four weeks is okay; with Commissioner Higgs agreeing. Commissioner Higgs stated the ARR zoning was designed to bring people up to a zoning category consistent with the home that had been built and to allow that to be a legal structure so they can get electricity; but it is not leading down a path that is getting into a productive mode. She stated Canaveral Groves is the only place the County is using that zoning category; there are some ARR rezonings on the table for Thursday night; and she has voted against it a number of times. Chairman Voltz agreed. Commissioner Higgs stated all that is necessary is to not give any more ARR zoning; and that would not stop anyone from building on their AU property or rezoning to RRMH-1 or RR-1. She stated the purpose of ARR was to bring people who had homes up to the standard so they could get a legal structure and a building permit; it has served that purpose; and it should be suspended unless that specific purpose occurs again.

Commissioner Cook requested this be continued to an evening meeting. Discussion ensued on meeting dates.

Motion by Commissioner Scarborough, to continue the public hearing to consider an ordinance amending Section 72-510, Article III, regulating development of West Canaveral Groves Area to October 20, 1998; direct staff to come back with a viable funding methodology; and direct staff to take all necessary steps to prevent people from moving to West Canaveral Groves without obtaining building permits.

Commissioner Higgs suggested not accepting any more ARR applications unless they meet the status of an existing structure. Commissioner Scarborough stated that is a separate issue; but he does not mind discussing it when it comes back. Commissioner Higgs noted it is part of this meeting's packet; with Commissioner Scarborough advising if it is part of the packet, it is part of his motion to continue.

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

The meeting recessed at 12:26 p.m. and reconvened at 1:32 p.m.

PUBLIC HEARING, RE: DETERMINATION OF VESTED RIGHTS FOR REPLACEMENT OF EXISTING TOWER FOR SPRINT COM, INC. - JACK KIRSCHENBAUM, ESQUIRE

Chairman Voltz called for the public hearing to consider a determination of vested rights for replacement of existing tower for Sprint Com, Inc. as petitioned by Jack Kirschenbaum, Esquire.

Jack Kirschenbaum, representing Sprint Com, stated they have filed an application for vested rights; and the Board has been provided with the staff report. He stated in order to grant vested rights, there must be an act or omission of the County that the property owner relied on in good faith, and the property owner must have substantially changed position based on the reliance or the act or omission of the County to the extent that obligation and expense of the change in position would be highly unjust or inequitable to destroy the right acquired. Mr. Kirschenbaum stated a letter was written by Planner III Tom Myers on April 8, 1998 in response to a request by Steve Kinney from SBA, which is the construction company that builds towers for Sprint; and read aloud Mr. Myers letter which provides that "the existing tower may be removed and rebuilt, either in the same location, or a location on the same site, where you can meet the five times the tower height setback from residential. Under these circumstances you are not required to meet the 200-foot onsite setback. The site indicated in your letter of 3/7 meets those criteria, you will not require a conditional use permit to build, if the 100-foot monopole tower does not require lighting. A site plan will be required." He stated based upon that letter, certain events were set in motion that are outlined in the staff report; but one thing that is not included in the staff report is that a lease agreement was entered into between Sprint and the owner of the property, and other sites were acquired and governmental approvals were sought to complete the system, including the site at the Orlando Utilities Commission easement off Grissom Parkway, which was denied. He stated a series of events happened with staff that Sprint was not privy to; as a result of another tower site, a determination was made that under the ordinance, the towers when rebuilt had to be in the same location; and there was discussion this morning about what that means. He stated that tower was at the Florida Power & Light site on Merritt Island; the proposal was the new tower was to be approximately 500 to 600 feet from the existing tower; and because it was moving closer to residential zoning, the County Attorney decided a policy decision would be made that the towers would have to be in exactly the same location when rebuilt. He stated they were not aware of that decision; and the construction company was not aware of that decision at the time it was made. He stated they submitted site plans; in site plan review, staff noticed that the tower on the site would be moved approximately 100 to 120 feet in a southeasterly direction from the existing tower; at that time the tower was proposed to be 110 feet, but now it is proposed to be 85 feet; and there is a 70-foot existing tower there. He stated they cannot move exactly where the existing tower is, and are seeking to move it to the southeast. He stated it is more conforming than the present tower; Mr. Myers wrote the letter based upon his application of existing Ordinances in residential settings; and it was in reliance on that letter that Sprint's sequence of events started occurring, leasing the property, ordering the towers, and developing a system around the site. He stated in July, 1998 they were notified that as a result of the prior policy decisions made by the County Attorney and staff that new constructed towers would have to be built in the exact same place, and their site plan was denied. He stated that led to this vested rights application. He stated the letter from Mr. Myers pre-dated the policies the Board was discussing this morning; the policies were not being applied in April, 1998; Mr. Myers worked on his experience, his understanding of the Code, and the way staff has applied nonconforming issues in the past; and as it would be a more conforming tower, Mr. Myers approved it; but as a result of another tower, a policy was developed. He stated Sprint spent in excess of $30,000 between getting the letter from Mr. Myers and filing the application for vested rights; and it set in motion the planning for the site on Grissom Parkway. He stated this is a unique circumstance; timing is everything; and they got caught in a series of events. He stated they meet the three criteria of the Code; they need some relief; and requested the Board approve the vested rights.

Commissioner Cook stated he has been tough on towers in general; however, this seems to meet the criteria for vested rights. He stated there was a letter from staff; obviously Sprint acted in reliance upon that letter; it is a monopole which is preferable to the lattice tower; and it is replacing an existing tower on the same parcel. He stated he would support granting vested rights.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve a vested rights determination to allow an existing Sprint Com, Inc. tower to be replaced at a different location on the same parcels, as petitioned by Jack Kirschenbaum, Esquire.

Commissioner Scarborough stated beyond the vested rights the Board is going to have to discuss how it wants to look at this issue because putting a tower in the same place causes an interruption of service.

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

Linda Davidson, representing Sprint, stated the company is interested in the situation the Board is facing concerning stymying proliferation of towers while accommodating service to the community; and offered Sprint's assistance in working to tighten the Ordinance.

Commissioner O'Brien advised of the number of towers on I-95 from Palm Bay up to the north County line; and stated proliferation of towers is the main concern. He stated unless the Board is strict with providers, it has not done its job; and the Board has to force providers to share towers and co-locate. He stated if the companies are going to compete, there are many ways of doing it; and the driving force now is how many towers can anyone throw up as fast as they can.

Ms. Davidson stated one of the first things that Sprint looks for is a property manager; they look at whether there are already towers they can locate on that fit within their network because then they do not have to come before the Board; when they have to come before the Board, it takes longer to get through the process; and time is money. She stated the Board will see them again on the OUC site.

Commissioner Cook stated it has been a challenge for local communities with the Telecommunications Act; now there is digital television which has its own requirements; and the Board is concerned about not having a tower on every street corner, so it will try to come up with fair standards. Commissioner O'Brien inquired if having Sprint, PrimeCo, etc. help with the ordinance is like having the fox teach how to take care of the chickens. Commissioner Cook stated the companies will have input, but in the end it is a County ordinance, and the Board will have to vote what is in the best interest of the citizens. He suggested mandating monopoles because they have much less visual impact than lattice towers. Chairman Voltz stated there are a lot of places she cannot use her telephone because there are not enough towers; and the Board needs to look at community impact, but a lot of people use cellular phones, and there are a lot of dead areas.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN - NORRIS A. STREETE

Motion by Commissioner Scarborough, to reduce the accrued Code Enforcement fine for 3748 W. Railroad Avenue, Cocoa to $428, as recommended by the Special Master.

Norris Streete stated there was no wrongdoing; when he purchased the house, he asked for a permit, which was issued; staff came to tell him what he should do; and he started to do the work; but then they stopped him from working on the house. He stated they told him he had to have the place safe before they could inspect it; so he did just what they told him to do; but every time they come, they tell him he has to do something different. He stated that is what caused the delay; they had him replace all the windows after everything was completed; and they should have told him everything at the beginning, but they did not. He stated he does not know the law, but he asked questions, and did everything he was told; and he does not see why he should pay to lift the standard of the community. He described the renovation of his house.

Bobby Bowen stated this case predates his arrival; but Katherine Letosky, who is the secretary to the Special Master, can explain. Katherine Letosky stated the references Mr. Streete is making about delays in inspections were building inspections, not Code Enforcement inspection; he obtained a permit; he was to do certain things according to the permit; and when the inspections were made, they were not according to Code, and he was so advised. She stated the Special Master heard this testimony, and made his recommendation after hearing testimony from Mr. Streete and the building inspectors. Chairman Voltz inquired if Mr. Bowen was involved at all; with Mr. Bowen responding no.

Commissioner Scarborough stated there is a good finding and recommendation from the Special Master. He inquired if Mr. Streete became the owner of the house in May, 1996 and petitioned the Code Board for 90 days to bring the property into compliance; with Mr. Streete responding that is correct. Commissioner Scarborough stated the fine began to accrue after Mr. Streete had ownership. Mr. Streete submitted pictures of the house.

Commissioner Cook stated the original fine was $2,000; and inquired if paying the $428 is a hardship; with Mr. Streete responding yes. Mr. Streete stated when he purchased the house, he was told it was unsafe to live; they gave him 90 days to correct the house for inspection; the second day after he purchased the house, the porch, which was unsafe, and all the doors were fixed; and the house was safe to live in at that time. He stated he does not think he should be blamed because what he was told was wrong; after he called for inspection, he was told he had to change various other things and bring them up to Code; and every time an inspector came, he told him something different.

Chairman Voltz inquired if it was Mr. Streete's understanding that he had 90 days to bring it up to safety standards and did so; with Mr. Streete responding affirmatively. Mr. Streete stated after that the inspector told him he had to bring the wiring up to Code; after he did that, he had to put in different boxes; after he did that, he was told he had to have a fire detector in each room; and he should have been told all of the things the first time the inspector came.

Commissioner Cook stated Mr. Streete has made a good faith effort to improve the house; the pictures indicate that; and he would not be averse to waiving the fine. Mr. Streete stated when he finished the house, he sought a bank loan to pay the fine.

Commissioner Scarborough stated he was initially concerned that it took two years to make the correction; but Mr. Streete did not just bring the house up to Code, but made it an attractive house. He stated the property was junky; Mr. Streete has done an admirable job; and he should be rewarded because the intent is to bring things into compliance and not to be punitive.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive Code Enforcement fine of $1,925 for Norris Streete; and authorize execution of Release of Lien for property at 3748 W. Railroad Avenue, Cocoa. Motion carried and ordered unanimously.

RESOLUTION, RE: TAX ABATEMENT APPLICATION FOR G. E. HARRIS RAILWAY ELECTRONICS L.L.C.

Chairman Voltz stated GE-Harris is currently located at 407 North John Rodes Boulevard in Melbourne; this is increasing their local employment level by 150; they plan to construct a 150,000-square foot facility; and the anticipated average annual wage will be $58,666.

Motion by Commissioner O'Brien, to adopt Resolution on behalf of GE-Harris Railway Electronics, L.L.C. stating the company is a qualified expanding business in the County, requesting the Property Appraiser provide the Board with the necessary report, requesting the Economic Development Commission conduct an economic analysis and provide the Board with a recommendation, and authorizing publication of notice of public hearing on September 15, 1998 to consider adopting an exemption ordinance.

Commissioner O'Brien stated this is an additional 150 jobs with an average wage almost $59,000; this is a good example of why the Board supports the EDC; and hopefully when the Board gets to the budget, it can find additional funds for EDC because these things increase quality of life in the County. He described the impact of each new job. Commissioner Cook agreed; and noted the citizens passed the Tax Abatement Ordinance that allows the Board to do this. Commissioner O'Brien stated in the last four years more than 15,000 jobs have been created within the County, and over 6,000 have been brought to the County; and EDC was directly responsible for 2,435. He stated EDC is not responsible for every job that comes to the County; the Port can account for approximately 4,000 to 5,000 jobs; and there are additional fall-out jobs as a result.

Franck Kaiser, representing the EDC, stated this is the project that was presented anonymously at an earlier meeting for the Board's approval as a qualified target industry for a State tax refund.

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

RESOLUTION, RE: TAX ABATEMENT APPLICATION FOR BOMBARDIER CORPORATION OF AMERICA

Chairman Voltz stated Bombardier is constructing a $10.5 million facility in Palm Bay; and when fully operational, it will create its employment level by 80 new workers, averaging $39,550 per employee annually.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution on behalf of Bombardier Motor Corporation of America stating the company is a qualified expanding business in the County, requesting the Property Appraiser provide the Board with the necessary report, requesting the Economic Development Commission conduct an economic analysis and provide the Board with a recommendation, and authorizing publication of notice of public hearing on September 15, 1998 to consider adopting an exemption ordinance.

Commissioner O'Brien stated this is 80 new jobs at an average salary of close to $40,000; and he is glad he backed EDC.

Commissioner Scarborough stated at one time there was some question about Bombardier's testing in the Indian River Lagoon; and inquired if Commissioner Higgs is comfortable with the operation now. Commissioner Higgs stated she will be much more comfortable when Bombardier moves to the new location; and she was told that 90% of the testing will occur at the new site. Commissioner Scarborough stated this will assist the County with the noise issue; with Commissioner Higgs responding yes. Chairman Voltz advised Bombardier is buying the surrounding property so they do not create a noise problem for someone else. Commissioner O'Brien noted this is a Canadian company.

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

SOLE SOURCE CONTRACTING WITH SUBAQUEOUS SERVICES, INC., RE: DREDGING AND TRUCKING SERVICES IN DISTRICT 2

Public Works Director Henry Minneboo stated there is a dredging operation going on the Indian River side; and this would be on the Banana River side.

Commissioner O'Brien stated funding is available for dredging from Fund 138, Road and Bridge MSTU, District 2.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve a sole source Contract with Subaqueous Services, Inc. for dredging and trucking services in District 2, for a one-year period, at $14.50 per cubic yard. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATION, USE OF TOLL REVENUE CREDITS, AND EXECUTION OF FOLLOW-UP DOCUMENTS FOR 1999 SCAT CAPITAL AND OPERATING ASSISTANCE GRANTS

Transit Services Director Jim Liesenfelt advised this is the annual capital grant application; and this is the largest amount the County ever received. Chairman Voltz inquired how much more; with Mr. Liesenfelt responding approximately $600,000 to $800,000 more than normal.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution; approve use of Florida Department of Transportation Toll Revenue Credit for local match; execute Grant Applications for Public Transportation Capital and Operating Assistance grant from the Federal Transit Administration in the amount of $4,585,419 for Space Coast Area Transit; and authorize the Chairman to execute standard follow-up grant agreement, contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

AGREEMENTS WITH SEAN ANDERSON, SAM BARDWELL, WILLIAM POWELL, JR., KENNETH N. WEAVER, JR., KEPLER FUNK, CLAIRE MYERS, AND KEITH SZACHACZ, RE: CONFLICT ATTORNEYS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Agreements with Sean Anderson, Sam Bardwell, William Powell, Jr., Kenneth N. Weaver, Jr., Kepler Funk, Claire Myers, and Keith Szachacz for legal representation of indigent individuals in conflict criminal and juvenile court proceedings. Motion carried and ordered unanimously.

AGREEMENT WITH PAULINO O. VASALLO, M.D., RE: MEDICAL EXAMINER SERVICES

Chairman Voltz inquired if this is the normal amount for a medical examiner. Commissioner Cook advised he was on the Medical Examiner's Selection Committee; the County is saving approximately $50,000 per year with Dr. Vasallo; and part of the amount reflects support staff.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Paulino O. Vasallo, M.D. for District 18 Medical Examiner services for a two-year period from October 1, 1998 through September 30, 2001 at $183,600 per year. Motion carried and ordered unanimously.

APPOINTMENTS, RE: LOCAL HEALTH COUNCIL OF EAST CENTRAL FLORIDA

Motion by Commissioner Cook, seconded by Commissioner Higgs, to reappoint Arthur Lamar, Lotte Lopez and James B. Whitaker to the Local Health Council of East Central Florida.

Chairman Voltz inquired how long have the appointees been on the Council; with Housing and Human Services Director Bernice Jackson responding at least five years. Commissioner Higgs stated she remembers when Mr. Whitaker was appointed, and that was within the last five years. Commissioner Cook stated he does not know if anyone else has an interest in serving. Chairman Voltz stated she did not get any notification that the Board would be looking for anyone else. Commissioner Cook stated he is happy to look for others; and inquired if they are one-year appointments; with Ms. Jackson responding they are two-year appointments. Chairman Voltz stated she does not know the appointees, but sometimes it is good to get new people involved with the issues.

Commissioner Cook withdrew the motion.

Chairman Voltz suggested advertising for appointees. County Manager Tom Jenkins stated applications can be solicited; and suggested the Board consider a staggered approach rather than replacing all three at once to allow continuity. Chairman Voltz stated the Board can solicit applications and each Commissioner can turn in a name. Commissioner Higgs suggested the Commissioners be provided with the resumes of the current appointees. Chairman Voltz stated she is not discounting the current appointees, but it is good to get new faces involved; and inquired if there is any hurry to appoint. Ms. Jackson advised the term expires September 30, 1998.

Discussion ensued on when to consider the appointments.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table consideration of appointments to Local Health Council of East Central Florida to September 29, 1998; and direct staff to solicit additional applications for appointment and provide resumes for current appointees Arthur Lamar, Lotte Lopez, and James B. Whitaker. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: SOIL FOR COVER MATERIAL AT CENTRAL DISPOSAL FACILITY AND SARNO ROAD LANDFILLS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to bid and award to the low bidder the purchase of soil for cover material (Select Common Fill) at the Central Disposal Facility and Sarno Road Landfills. Motion carried and ordered unanimously.

ACCEPTANCE, RE: BREVARD COUNTY SOLID WASTE MANAGEMENT PLAN FOR FY 1999- 2003

Chairman Voltz stated staff estimates the need for $47.27 million in improvements and expansions during the next five years to maintain the current level of service; and the improvements include expansion of the Central Disposal Facility, replacement of the Melbourne Transfer Station, location of a site for the future South Brevard Area Transfer Station, possible expansion of the Sarno Road Landfill, and addition or replacement of a number of support facilities.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to accept the Brevard County Solid Waste Management Plan for FY 1999-2003, prepared by Glace and Radcliffe, Inc.; and approve the Capital Improvement Program contained in the Plan.

Commissioner Cook stated this falls in line with the Board's previous action which reduced the Solid Waste assessment.

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

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: RECLAIMED WATER MAIN EXTENSION ON PINEHURST AVENUE AND HOLIDAY SPRINGS BOULEVARD Commissioner Cook stated he has no problem with the requested action; and requested staff comment. Water Resources Director Richard Martens stated this is in the Capital Improvement Program; and subdivision projects are being constructed now that look forward to using the line.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to advertise for bids, award to the lowest responsive bidder, and execute a contract with the successful bidder for construction of a reclaimed water main extension on Pinehurst Avenue and Holiday Springs Boulevard. Motion carried and ordered unanimously.

PERMISSION TO ISSUE AND AWARD, RE: ANNUAL SUPPLY BIDS, QUOTES AND PROPOSALS FOR FY 1999

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize Purchasing Services to competitively bid and award to low bidder, issue competitive proposals, and authorize renewal options, under the same terms and conditions, for commodities and services; and authorize the Chairman to execute any contracts resulting from award. Motion carried and ordered unanimously.

RENEW CONTRACT WITH HOLLAND & KNIGHT AND GRANT PERMISSION TO ADVERTISE REQUESTS FOR PROPOSALS, RE: BOND COUNSEL AND DISCLOSURE COUNSEL SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve recommendation of the Finance Committee to renew Contract with Holland & Knight for bond counsel services through December 31, 1999; and grant permission to advertise RFP for bond counsel prior for to the expiration of the Contract with Holland & Knight, and RFP for disclosure counsel services for a three-year term beginning January 1, 1999 with two one-year renewals. Motion carried and ordered unanimously.

PUBLIC COMMENT, RE: VOTING PROTOCOL

Dale Young stated there are rumors that it is the intention of the Supervisor of Elections not to use the Sheriff's deputies to escort ballots; in view of repeated reports over the last year from Dade and Broward Counties on voter fraud, missing ballots, improper absentees, etc., this would be a poor course to follow; and requested the Board advise the Supervisor of Elections not to follow that course. He stated the protection of the deputies in escorting the ballots is needed; the Supervisor of Elections intends to do that with his own staff; and this would not be a good perception to the public, especially in this year when one of the candidates is a furloughed employee of the Supervisor of Elections. He stated in order to instill public confidence in the election process, he would like to see the Sheriff's deputies continue to escort. He stated as a further step in ballot security, he would propose that an elections oversight committee be established; and its function would be to review the elections process of the County in comparison with other counties, and thoroughly review the systems used in the County. He stated in the last elections, there were challenges; and advised of ballots missing the names of some candidates. He stated the purpose of the oversight committee would be to sit for as long as it would take to thoroughly digest the elections process, and come up with recommendations to insure the public has full confidence in the balloting process. He stated this would be on the order of the Charter Commission or Finance Committee; and it could perform a good service. He stated it should not conflict with the Elections Review Board comprised of the Supervisor of Elections, a Judge and a Commissioner; and questioned having the Supervisor of Elections as one of the ruling authorities on appeals.

Commissioner Scarborough inquired who has been appointed for the Canvassing Board; with Chairman Voltz responding she will serve on September 1 and October 3, 1998; however, on November 3, 1998, her husband is running for Palm Bay City Council, and she is not sure how that will appear, so Commissioner Scarborough may have to sit in for that election. She stated she asked if it was going to be a conflict; and legally it is not, but she does not want there to be the appearance of conflict.

PUBLIC COMMENT, RE: VOTING PROTOCOL ( CONTINUED)

Commissioner Scarborough stated Commissioner Cook brought up the issue of the deputies previously, and the Board talked to Mr. Galey; it has gotten his answer, which he does not think will change; and suggested Chairman Voltz share the Board's remarks with the Canvassing Board.

Commissioner Cook stated appearance is very important; and nothing is more important than people having confidence in the election system. He stated things do happen; and he was on the Canvassing Board when it was necessary to shut down an election because of human error.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Chairman to relate to the Supervisor of Elections the request that Sheriff's deputies be used to escort ballots as they have done in the past.

Chairman Voltz stated the Board has made that request several times. Commissioner Cook stated he wants to do it one more time because it is important.

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

AUTHORIZATION, RE: COMMISSIONER PARTICIPATION

Commissioner Higgs stated a Commissioner was asked to participate at the Executive Session on Farm & Grove; and she does not mind doing that in line with what was discussed.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize Commissioner Higgs to represent the Board regarding Farm & Grove in accordance with discussion at the Executive Session. Motion carried and ordered unanimously.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 2:25 p.m.

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HELEN VOLTZ, CHAIRMAN

__________________________ BOARD OF COUNTY COMMISSIONERS

SANDY CRAWFORD, CLERK
BREVARD COUNTY, FLORIDA
( S E A L )