The Board of County Commissioners of Brevard County, Florida, met in regular session on May 25, 1999, at 9:00 a.m. in the Government Center Commission Room, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Howard Dean of Riverside Baptist Church, Indialantic, Florida.

Commissioner Sue Carlson led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Minutes of March 23, 1999 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: MANATEE PROTECTION PLAN WORKSHOP

County Manager Tom Jenkins recommended moving the Manatee Protection Plan Workshop from July 29, 1999 to August 26, 1999.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to reschedule the Manatee Protection Plan Workshop from July 29, 1999 to August 26, 1999. Motion carried and ordered unanimously.

(NOTE: The workshop was later changed to August 19, 1999 at 10:00 a.m.)

REPORT, RE: CANCEL EXECUTIVE SESSION

County Attorney Scott Knox requested cancellation of the executive session for this afternoon.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to cancel the executive session scheduled after the meeting. Motion carried and ordered unanimously.

REPORT, RE: PROPOSED ORDER ON OLEANDER POWER PLANT

County Attorney Scott Knox advised the Board directed him to prepare an order on the Oleander Power Plant; he did not get the transcript until Thursday; so he was delayed in getting it finished. He stated the Board needs to take action on the order. Chairman Scarborough recommended the County Attorney bring it back up at the end of the meeting so the Commissioners can review it.

Commissioner Voltz inquired what is the purpose of the order; with Mr. Knox responding the way the Board renders decisions on controversial zoning items or quasi-judicial proceedings is done by an order which allows the Board to make findings of fact; and gives the Courts something to review if it wants to look at it. Chairman Scarborough advised the court finds it helpful when there is an order as opposed to a motion and second.

REPORT, RE: LETTER TO DEPARTMENT OF ENVIRONMENTAL PROTECTION ON NOTICE INVOLVING OLEANDER PROJECT

County Attorney Scott Knox advised he has prepared the letter to Department of Environmental Protection on the notice that was involved in the Oleander Project; and he will provide copies to each Commissioner for review, and bring it back up at the end of the meeting. He stated he had the letter read to Mr. Rowe who said it was fine.

Chairman Scarborough inquired if Mr. Spielvogel read it; with Mr. Knox responding no.

RESOLUTION, RE: LAW ENFORCEMENT MSTU REFERENDUM ELECTION

County Attorney Scott Knox advised he prepared the resolution on the law enforcement MSTU referendum; and he was told the Sheriff would be here. Sheriff Phil Williams advised it is fine.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution calling for a special election on September 14, 1999, within the territorial limits of the unincorporated area encompassed by the Brevard County Law Enforcement Municipal Services Taxing Unit (MSTU) for the purpose of seeking approval to increase the Law Enforcement MSTU tax levy to 1.65 mills in the unincorporated area; providing for an effective date. Motion carried and ordered unanimously. (NOTE: Revised later in the meeting.)

Chairman Scarborough asked the Sheriff to explain to the people what he is asking for, why, and what it will mean.

Sheriff Phil Williams advised the Resolution speaks to uniform deputies and marked patrol cars exclusively for the unincorporated area of Brevard County; the millage increase is to add a total of 71 deputies and 48 cars over a period of four years; it will allow increased response time in Priorities 1, 2, 3, 4 and 5 calls, hopefully by as much as 50%; and it will allow deputies to proactively patrol neighborhoods, school zones, malls and mall parking lots to ferret out crimes. He stated the deputy sheriff's time in the unincorporated area is basically spent going from one call to the next; and this will augment the uniform patrol division to bring deputies by the year 2003 up to approximately two for every 1,000 residents, which is significantly better than they are doing currently. He noted that is the recommended ratio per resident by the Florida Department of Law Enforcement and by most recognized law enforcement services.

Commissioner O'Brien advised he supports a referendum methodology to ask for increase in funding, but will vote no to having the referendum in September. He stated if it was moved to another date, he would support it.

Sheriff Williams requested the Board support the effort to get law enforcement services in the unincorporated area.

Commissioner Higgs inquired if it will be mail ballots; with Sheriff Williams responding the Board agreed to mail-out ballots; ballots will be mailed to registered voters of any party approximately 20 days prior to September 14, 1999 asking them to vote yes or no; and the Board voted to include a postage paid envelope to return the ballot to the Supervisor of Elections.

Chairman Scarborough advised Supervisor of Elections Fred Galey advised the Board that mail-out ballots in off-year elections get a much greater participation because people do not want to take the time to go and vote on a single issue. He stated Commissioner O'Brien's concern is the response in an off-year election; and the user-friendly ballot should accomplish a better response. Sheriff Williams stated the mail-out ballot will cure the evils of an off-year election, and deputies and personnel will be in the neighborhoods talking to residents and explaining the need for the additional service.

Commissioner O'Brien stated he feels strongly about any election being held other than in November or at the least in March with the Presidential Preference Primary. Sheriff Williams advised the reason he is asking for September is because the current MSTU funding will expire October 1, 1999; if the referendum does not pass, the consequences could cause layoffs; and they need the millage rate set if it passes prior to October 1, 1999. Commissioner O'Brien stated the Board may want to see what is planned if it does not pass and have pre-knowledge of what the Sheriff plans to do so it can work with the Sheriff to try and work out the problems. Sheriff Williams stated he could have a report by Friday of next week on a projected financial breakdown and impact on the Sheriff's Office if the referendum fails. Commissioner O'Brien stated mid-June would be fine. Commissioner Voltz stated if it fails, the Board may need to reconsider its budget, and it will be well into budget hearings by then.

REPORT, RE: MANATEE PROTECTION PLAN WORKSHOP

Commissioner O'Brien advised the Board wants to hold a workshop on the Manatee Protection Plan in the Florida Room; and it should be held in the Commission Room as a public hearing. He stated the Sheriff had to explain to the public what he is trying to do with the referendum because the public was not in true attendance at the workshop when the Board authorized the referendum; and they probably will not be in attendance if the Board has a workshop on the Manatee Protection Plan upstairs. He stated it should be held in the Commission Room and have a full public hearing because the Board will be making motions on items. He noted two or three years ago it was a Board policy not to make motions on items in workshop format.

Commissioner Higgs advised the Board changed the policy because of the different way the meetings are being advertised; it met to talk about the Scrub Plan and work out details upstairs; those are public meetings; and the Board has expressed intention to have conversations and allow public comments. She stated the ability for the Board and public to interact is the critical criteria; and the public will be there, but it will be a different location and format.

Chairman Scarborough stated the public can comment on each item being addressed and again on any other item; that would be more constructive and give more opportunities to speak as opposed to lumping it all together; and he does not have a problem holding it in the Commission Room and having it televised because there is a lot of public interest.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to hold the Manatee Protection Plan Special/Workshop meeting on August 26, 1999, in the Commission Room downstairs, and direct staff to televise it. Motion carried and ordered unanimously.

REPORT, RE: AMENDMENT TO LAW ENFORCEMENT REFERENDUM RESOLUTION

County Attorney Scott Knox advised the Resolution calling for the law enforcement MSTU referendum election omitted the yes and no; and recommended it be amended.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to reconsider Resolution No. 99-126, calling for a special referendum election to consider increasing the Law Enforcement Municipal Service Taxing Unit millage. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt revised Resolution calling for a special referendum election to consider increasing the Law Enforcement Municipal Service Taxing Unit millage to 1.65 mills. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF TITUSVILLE AND YMCA, RE: SKATEBOARD PARK

Chairman Scarborough advised Parks and Recreation Director Chuck Nelson has an item that the City of Titusville said was absolutely critical; and requested Mr. Nelson explain the item.

Mr. Nelson advised he was presented with a tri-party agreement with the City of Titusville and YMCA for construction of a skateboard facility at Sandpoint Park in Titusville; the City is taking the leadership roll on the project; the County manages Sandpoint Park as part of the MSTU; and its participation will be some monies that were left over from a playground project at about $7,800. He stated the City will be responsible for construction, operation and maintenance; and the urgency is because a Councilman, who has a high interest in seeing the facility move forward, arranged for construction, so the agreement needs to be in place. He noted the County Attorney and Risk Management Offices have reviewed and signed off on the agreement. Commissioner Carlson noted page 3, Item d.3. says "all skates under the age of 18 must have their parents," should be "skaters". Commissioner Higgs stated on the same page Item 4 says, "skating is restricted to inside the park only"; with Mr. Nelson responding that is what they call the facility. Commissioner O'Brien stated it should be defined so they do not ride skates in the park to get to the skateboard park. Mr. Nelson recommended the Board allow the County Attorney and he to resolve the wording.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Interlocal Agreement with the City of Titusville and the YMCA consenting to the location of a skateboard park at Sandpoint Park; and authorize the County Attorney and Parks and Recreation Director to resolve the wording. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING MANAGEMENT WEEK

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution proclaiming July 7 through 12, 1999 as Management Week in Brevard County, and expressing appreciation to the National Management Association for its valuable contributions and assistance to the citizens of Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING WILLIE JAMES MAPP

Commissioner Higgs read aloud the Resolution commending Willie James Mapp, Grader Operator with Road and Bridge, for 37-1/2 years of meritorious service with Brevard County, expressing appreciation for his dedication, and extending best wishes for good health and happiness during his retirement.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution commending Wilile James Mapp for 37-1/2 years of dedicated public service. Motion carried and ordered unanimously.

Commissioner Higgs presented the resolution to Mr. Mapp; and Chairman Scarborough thanked him for representing the County well through his services.

RESOLUTION, RE: COMMENDING MRS. ARIE FRAZIER

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution commending Mrs. Arie Frazier for 57 years of dedication as a teacher in Brevard County, and expressing best wishes for good health and happiness during her retirement. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING EAGLE SCOUT MARK ALAN MALLAK

Commissioner Voltz read aloud a resolution commending Mark Alan Mallak for achieving the Eagle Scout award.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Mark Alan Mallak for achieving the Eagle Scout award. Motion carried and ordered unanimously.

Mark Mallak thanked the Board for the Resolution and thanked his parents for their help and support.

Chairman Scarborough stated it is fascinating to find someone interested in music, sports, and scouting; and it indicates a high energy level and high achievement skills.

FINAL PLAT APPROVAL, RE: ISLES OF BAYTREE (GLEN ABBEY) SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final plat approval for Isles of Baytree (Glen Abbey) Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: WYNDHAM LAKE SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final engineering approval for Wyndham Lake Subdivision, contingent upon the vacation of a public drainage easement for Minton Woods Development Company, Inc., minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining other jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH RUTH JOB, RE: JUDY KAY ROAD

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Ruth Job for a building permit off a right-of-way known as Judy Kay Road, which has been constructed to the standards of the Unpaved Road Code of Ordinance, Section 62-102. Motion carried and ordered unanimously.

CANCEL AGREEMENT WITH CDP SYSTEMS, INC., RE: VOICE RESPONSE TELEPHONE PROCESSING SYSTEM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to cancel Agreement with CDP Systems, Inc. dated August 19, 1997, for voice response telephone processing system, pursuant to paragraph 12, Termination for Convenience, and authorize staff to negotiate a fee for services rendered to date. Motion carried and ordered unanimously.

PERMISSION TO PROPOSE REVISED AGREEMENT TO MUNICIPALITIES, RE: ADDRESS ASSIGNMENTS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize Code Compliance Department/Address Assignment, to propose an interlocal agreement to municipalities to update the existing Interlocal Agreements with procedures necessary to maintain the Emergency 911 ALI database and transfer some of the cities' addressing responsibilities to Brevard County. Motion carried and ordered unanimously.

PERMISSION TO HOLD OUTSIDE MUSIC EVENT, RE: NORTHSIDE PRESBYTERIAN CHURCH FESTIVAL

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission for Northside Presbyterian Church to hold an outside music event at Cocoa Expo Stadium on June 11 and 12, 1999, with the Church coordinating security and traffic control with the Sheriff's Office, and complying with Section 10-93, Brevard County Code. Motion carried and ordered unanimously.

PERMISSION TO FORWARD TO MUNICIPALITIES, RE: LOCAL OPTION GAS TAX PERCENTAGE ALLOCATIONS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize the Clerk to mail copies of the Local Option Gas Tax percentage allocations to each municipality for review, and schedule final review by the Board on July 13, 1999. Motion carried and ordered unanimously.

RESOLUTION AND COUNTY DEED, RE: CONVEYING RIGHTS-OF-WAY FOR CITRUS AND LANSING STREETS TO CITY OF MELBOURNE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution and execute County Deed, conveying rights-of-way for Citrus and Lansing Streets to the City of Melbourne, with the City assuming all liability and maintenance. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #5 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: DAIRY ROAD SOUTH WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract Modification #5 with Ranger Construction Industries, Inc. for Dairy Road South Widening Project, increasing contract price by $179,100.17 for drainage improvements, headwall, turn lane, traffic signals, driveways, risers, fence and gate for retention pond, and quantity adjustments. Motion carried and ordered unanimously. (See page for Contract Modification #5.)

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: PROVOST PARK IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid Provost Park Improvements, and award bid to the lowest qualified bidder; and authorize the Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: JORGENSON'S LANDING DOCK REPLACEMENT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid Jorgenson's Landing Dock Replacement, and award bid to the lowest qualified bidder; and authorize the Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously.

PERMISSION TO AWARD BID AND EXECUTE CONTRACT, RE: COCOA WEST COMMUNITY CENTER RESTROOM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to award bid for Cocoa West Community Center Restroom to the lowest qualified bidder; and authorize the Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously.

PERMISSION TO REMOVE DEBRIS, RE: MANGROVE RIGHT-OF-WAY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize Road and Bridge to remove debris from an unimproved public right-of-way known as Mangrove right-of-way, north of Pearl Street in Scottsmoor with the cost funded by the County Transportation Trust Fund. Motion carried and ordered unanimously.

APPROVAL TO INCLUDE PROVISION IN LANDSCAPE MAINTENANCE CONTRACTS, RE: POSTING OF FIRM'S NAME

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve inclusion of a provision in all future landscape maintenance contracts that will require those providing service to post the name of their firm in the applicable area for view by the public. Motion carried and ordered unanimously.

APPROVAL OF PARTIAL REFUND TO MARGIE MYERS, RE: ROADWAY AND EASEMENT PERMIT FEE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve partial refund of roadway and easement permit fee to Margie Myers, in the amount of $1,413, as Ms. Myers was charged $1,525 instead of $112. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY CLOSING, RE: HOLLY STREET FOR REHABILITATION OF FEC RAILWAY GRADE CROSSING

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve temporary closing of Holly Street, from July 19 through July 21, 1999, for rehabilitation of Florida East Coast (FEC) Railway Company's grade crossing, to improve highway and railway traffic. Motion carried and ordered unanimously.

APPROVAL OF JOINT FUNDING, RE: MIRA MERRITT PARK PLACE PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve joint participation with Merritt Island Redevelopment Agency (MIRA) in the Merritt Park Place stormwater improvement project, in the amount of $75,000 from District 2 Surface Water Improvement Fund. Motion carried and ordered unanimously.

UPDATED APPLICATION AND GRANT AGREEMENTS, RE: PRIMARY CARE FOR CHILDREN AND FAMILIES CHALLENGE GRANT PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize the Chairman to execute the Updated Proposal for the Primary Care for Children and Families Challenge Grant which was submitted in 1997, and to execute follow-up grant agreements; and authorize staff to submit the updated proposal. Motion carried and ordered unanimously.

LETTER OF INTENT TO CITY OF SATELLITE BEACH, RE: GRANT APPLICATION TO PURCHASE LANDS WITHIN THE CITY LIMITS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Letter of Intent to City of Satellite Beach, agreeing to be a joint participant with the City's Florida Communities Trust Preservation 2000 grant application to purchase ten tracts of beachfront property located within the City. Motion carried and ordered unanimously.

AGREEMENT WITH THE VIERA COMPANY, RE: VIERA EAST FIRE STATION #47

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with The Viera Company, agreeing to accept Fire Station #47 with the understanding that the building must be acceptable to Brevard County Facilities Construction and Fire Rescue prior to final acceptance; and authorize the County Attorney to execute any required closing documents. Motion carried and ordered unanimously. (See page for Agreement.)

I.A.F.F. IMPACT BARGAINING AGREEMENT, RE: HARBOR CITY VOLUNTEER AMBULANCE SQUAD

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize execution of the Impact Bargaining Agreement 99-01 for Harbor City Volunteer Ambulance Squad, Inc. placement within Brevard County Fire Rescue Step Plan, as agreed upon by the Public Safety Management and I.A.F.F. Union personnel. Motion carried and ordered unanimously.

EASEMENT AGREEMENT WITH THOMAS AND PAULA EASON, RE: ACCESS TO HOG POINT MOSQUITO IMPOUNDMENT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute an Easement Agreement with Thomas and Paul Eason for access to Hog Point Mosquito Impoundment Area. Motion carried and ordered unanimously. (See page for Agreement.)

EXOTIC VEGETATION REMOVAL, RE: SYKES CREEK HEADWATERS MITIGATION AREA

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize Florida Department of Environmental Protection to perform exotic vegetation removal in Sykes Creek Headwaters mitigation area (Kings Park) which may include the use of County equipment and personnel, prisoners, outside contractors, and volunteers. Motion carried and ordered unanimously.

AGREEMENT WITH KEEP BREVARD BEAUTIFUL, INC., RE: RECYCLING EDUCATION SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Keep Brevard Beautiful, Inc. to continue providing Recycling Education Services at a cost of $34,095.93. Motion carried and ordered unanimously.

TASK ORDER NO. 97-13 WITH GLACE AND RADCLIFFE, INC., RE: RELOCATION OF SOLID WASTE OPERATIONS DIVISION OFFICES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Task Order No. 97-13 with Glace & Radcliffe, Inc. to provide engineering services for relocation of the Solid Waste Management Operations Division offices at a cost of $78,500. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: WATER WAGON

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid Water Wagon for use at the Solid Waste Disposal Facilities, and award bid to the lowest qualified bidder. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING SECTION IV, OPERATING PROCEDURES, AUTHORITY OF CHAIRMAN AND VICE CHAIRMAN

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution amending Section IV, Operating Procedures, providing authorities to the Vice Chairman upon the out-of-County absence or incapacitation of the Chairman. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE NOTICE OF INTENT, RE: INCLUSION OF ADDITIONAL MANAGEMENT POSITIONS IN FLORIDA RETIREMENT SYSTEM SENIOR MANAGE- MENT SERVICE CLASS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize advertising a notice of intent once a week for two consecutive weeks to designate 22 department and office director positions to be included in the Senior Management Service Class of the Florida Retirement System effective July 1, 1999. Motion carried and ordered unanimously.

PERMISSION TO PLACE, RE: ADMINISTRATIVE SUPPORT PERSONNEL FROM HARBOR CITY VOLUNTEER AMBULANCE SQUAD WITH COUNTY AGENCIES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to place administrative support personnel from Harbor City Volunteer Ambulance Squad, Inc. with County agencies, and provide partial recognition for prior service to determine starting salaries and leave accrual rates; and authorize HCVAS to purchase up to two weeks accrued annual leave on behalf of each employee hired, subject to the authorization only applying to applicants placed in County positions during the transition period ending October 1, 1999. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDMENTS TO MERIT SYSTEM POLICY IX, LEAVE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider amendment to the Merit System Policy IX, Leave, to expand the provision for bereavement leave to include parents, grandparents, and children raised by the employee. Motion carried and ordered unanimously.

PERMISSION TO REJECT PROPOSAL AND READVERTISE, RE: PROPOSAL #P-1-9-05, REAL ESTATE BROKERAGE SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to reject sole proposal for Proposal #P-1-9-05, Real Estate Brokerage Services, due to lack of marketable land, and authorize readvertising under revised specifications. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: VIDEO ARRAIGNMENT EQUIPMENT FOR JUDICIAL SYSTEM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize the purchase of video conferencing units/arraignment equipment for the Judicial System off State Contract #840-980-98-1. Motion carried and ordered unanimously.

STIPULATED SETTLEMENT AGREEMENT, RE: PETRUS v. BREVARD COUNTY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the Stipulated Settlement Agreement with Petrus Group, L.P. regarding relocation of a 20-foot wide easement along the south side of Aquarina. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR QUARTER ENDED MARCH 31, 1999

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to accept the Revenue Monitoring Report for the quarter that ended March 31, 1999 as prepared by County Finance. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF PARKS AND RECREATION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to acknowledge receipt of the internal audit of the Parks and Recreation Department for the period October 1, 1996 through September 30, 1997. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the bills and budget changes as submitted. Motion carried and ordered unanimously.

DETERMINATION OF PUBLIC INTEREST, RE: B. J.'s WHOLESALE CLUB

Attorney Leonard Spielvogel, representing the applicant, advised the property is 21.57 acres on the southeast corner of East Merritt Avenue and Plumosa Street.

Chairman Scarborough advised the Board has heard the item at a zoning meeting; and recommended Commissioners ask Mr. Spielvogel any questions they may have rather than go through the entire presentation again.

Commissioner O'Brien stated he read all the background information and heard it; it is a good deal and will only impact one acre of wetland which is nonfunctional; and the applicant will make it better for herons, anhinga and other migratory birds. Mr. Spielvogel stated they will impose a conservation easement over nine acres to preserve the rookery.

Commissioner Higgs advised the client has done a nice job developing a plan, but it is not consistent with the existing Comprehensive Plan; and she cannot support the change until the plan is revised, so she will vote no. Commissioner O'Brien stated to hold up someone because the County has not done its work is unconscionable.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to determine that B. J. Wholesale Club meets the overriding public interest criteria required by Conservation Element Wetland Policy 5.2.F.2.

Commissioner Carlson stated she does not see trees in the parking area; with Mr. Spielvogel responding they have a landscaping plan; and Project Manager Scott Nisbet presented the landscape plan. Commissioner Carlson recommended more shade trees; with Mr. Nisbet responding they can make adjustments and add more shade trees.

Commissioner Higgs stated the Comprehensive Plan defines what can be done in wetlands; it was adopted by the Board after adoption by the State; it becomes the law of Brevard County; and this project is not consistent with the current Comprehensive Plan. Commissioner O'Brien stated the wetland is of low quality; and staff believes the primary function can be improved by the project. He read certain recommendations made by staff regarding the wetland area.

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN SNUG HARBOR LAKES UNRECORDED PLAT - JAMES T. AND BEVERLY J. FRANKLIN AND SNUG HARBOR LAKES DEVELOPMENT, INC.

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded Plat as petitioned by James T. and Beverly J. Franklin and Snug Harbor Lakes Development, Inc.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easements in Snug Harbor Lakes Unrecorded Plat as petitioned by James T. and Beverly J. Franklin and Snug Harbor Lakes Development, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC DRAINAGE EASEMENT IN WOODBRIDGE AT SUNTREE, UNIT II - JAMES W. AND KATHERINE A. MORGAN

Chairman Scarborough called for the public hearing to consider a resolution vacating a public drainage easement in Woodbridge at Suntree, Unit II, Suntree PUD, as petitioned by James W. and Katherine A. Morgan.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating a public drainage easement in Woodbridge at Suntree, Unit II, Suntree PUD, as petitioned by James W. and Katherine A. Morgan. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN VIERA NORTH PUD, TRACT D3 - JIMMY W. AND GAIL S. BENTON

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easement in Viera North PUD, Tract D3 as petitioned by Jimmy W. and Gail S. Benton.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easement in Viera North PUD, Tract D3 as petitioned by Jimmy W. and Gail S. Benton. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT ONE - CHARLES AND DOROTHEA MORGAN

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit One as petitioned by Charles and Dorothea Morgan.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One as petitioned by Charles J. and Dorothea M. Morgan. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN PLAT OF INDIAN RIVER GROVES AND GARDENS - MINTON WOODS DEVELOPMENT COMPANY, INC. (ROY PENCE)

Chairman Scarborough called for the public hearing to consider a resolution vacating drainage easement in Plat of Indian River Groves and Gardens as petitioned by Minton Woods Development Company, Inc. (Roy Pence).

Commissioner Carlson advised the petitioner will provide a new easement that will work in harmony with existing and proposed development. Commissioner Higgs inquired if the County has an easement; with Assistant Public Works Director Ed Washburn responding they have a signed Agreement from Carolwood Homeowners Association and the new developer; and it will be noted on the plat. Commissioner Higgs inquired if the County will give up leverage if this is approved now; with Mr. Washburn responding staff will not approve the plat if the easement is not included.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating drainage easement in Plat of Indian River Groves and Gardens as petitioned by Minton Woods Development Company, Inc., subject to the plat not being approved if the easement is not included. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING WROBEL PLACE WATER MSBU

Chairman Scarborough called for the public hearing to consider an ordinance creating Wrobel Place Water Municipal Service Benefit Unit (MSBU).

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Ordinance creating the Wrobel Place Water Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, entitled "Special Assessments and Bonds," to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 94-12, SHIP PROGRAM AND AFFORDABLE HOUSING COUNCIL

Chairman Scarborough called for the public hearing to consider an ordinance amending Ordinance No. 94-12 which established the SHIP Program and Affordable Housing Council, to include changes to appointments and establish a quorum, and other technical revisions.

Commissioner Higgs expressed concern about creating vested interest by defining five voting members as actively engaged in connection with affordable housing; and stated five is high in terms of the number of people engaged in affordable housing, and almost creates conflicts. She stated it should be people who know about affordable housing, but if they are actively engaged in affordable housing, it may create problems. She stated it is okay to have a mortgage broker, realtor, etc., but recommended removing "actively engaged in affordable housing or in connection with affordable housing" for greater objectivity.

Chairman Scarborough stated they should be qualified and not someone who has no knowledge about affordable housing benefits. Commissioner Higgs stated removal of the qualifier from three of the five would create balance on the committee. Commissioner O'Brien inquired how will the Board go about forming the group; with Health and Human Services Director Bernice Jackson responding they are proposing to advertise availability of positions and bring those names and resumes to the Board to make the appointments. Discussion ensued on different levels of expertise of builders, mortgage lenders, realtors, labor, eligibility, and income formula.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance amending Ordinance No. 94-12 of the Brevard County Code, pursuant to the State Housing Initiatives Partnership (SHIP) Program created under Section 420.9072, Florida Statutes; providing for revised definitions; providing for revisions to the selection of members of the Affordable Housing Council; providing for a revised definition of quorum for the Affordable Housing Council; removing obsolete language pertaining to the Housing Incentive Plan; and providing an effective date, as amended to remove the phrase "in connection with affordable housing" for members engaged in real estate, mortgage banking, and labor. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ISSUANCE OF AIR CURTAIN INCINERATOR OPERATING PERMIT, RE: NORTH CYPRESS RESERVE

Chairman Scarborough called for the public hearing to consider issuing an air curtain incinerator operating permit to North Cypress Reserve.

Attorney Clifton McClelland, representing North Cypress Reserve for an air curtain incinerator operating permit, advised he presented a folder of exhibits to the Board and the Clerk, and wants to make it part of the record. He stated North Cypress Reserve applied in 1996 for a conditional use permit for an air curtain incinerator on the property; the Board denied the permit; they applied to the Circuit Court, and a Writ of Certiorari was issued; and the Court and Board approved the permit and attached 38 conditions. He stated they then applied to Department of Environmental Protection; that permit has been issued; they applied to the County for an operating permit and submitted an operating plan; staff gave a notice of intent to issue, and attached another 37 conditions to the operating permit; so now there are 65 conditions attached to the operation of the facility. He stated they will make a brief presentation and would like to reserve time to respond to comments and questions. Mr. McClelland advised they have three experts who will present testimony; their qualifications are in the packet presented to the Board; the first expert is Tom Tempia who will show that they comply with the land use regulations and requirements; Joe Tessitore, who is an expert witness engineer in the area of air curtain furnaces, will discuss the operating plan; and Hassan Kamal, who is the engineer, will testify about any impacts of the project.

Tom Tempia advised he is the Planning Operations Manager for Solin & Associates; and based on his analysis of the operating permit application, which is contained in the report distributed to the Board, no substantial change has occurred since the approval of the conditional use permit; therefore, he found the proposed air curtain incinerator consistent with the Comprehensive Plan of Brevard County as well as its Land Development Regulations.

Joe Tessitore, registered professional engineer in Florida, stated while working for Harding Lawson Associates, he has been involved with the permitting of this air curtain incinerator since the beginning; and with all the permit conditions the Department of Environmental Protection placed on the system, and the conditions the County placed on it, if the system is operated according to those and the inherent design that is in the system, there should be no environmental impact or nuisance problems associated with the incinerator.

Hassan Kamal with BSE Consultants, advised the air curtain incinerator will not generate any additional demands on water or sewer facilities; it is an extension of the current mulching facility; and there are no additional access or traffic requirements. He stated they will take the by-products of the mulching facility which cannot be run through the mulching machine because they are too big or will not mulch, and incinerate those on site; that is in lieu of separating and stockpiling it to be hauled to the County landfill; so it eliminates the need to haul material out of the site and disposes of everything on site. He explained an Exhibit on the layout, air curtain incinerator location, 100-foot radius to any adjacent stockpile materials, fire protection by a ten-inch flowing well that drains into a 20-foot ditch, and a diesel pump to provide fire protection for the area. He stated the entire project is surrounded on three sides by ditches and access roads; on the south side is an existing roadway; the aerial photos show the location of the site in relation to other lands; there is nothing within several miles of the project; and the area is mostly clear pasture lands.

Mr. McClelland advised the photos show that the project is isolated; it is 2.5 miles from the nearest residence; and although the project area is approximately 50 acres in size, North Cypress owns the 300 acres around it, so it will have minimal impact on adjacent properties.

Chris Riesenbeck, President of Barefoot Bay Homeowners Association, presented a handout to the Board; stated she is impressed with the operation manual put out by North Cypress Reserve; they answered many of their concerns and questions, and did an excellent job in the preparation; however, there are some concerns regarding the traffic on Micco Road. She stated at the 1998 hearing, Public Works Director Henry Minneboo pointed out if the traffic went east through Barefoot Bay there would be a need for resurfacing those roads at a high cost, and suggested the traffic go west to Babcock Road. She stated Mr. Forsyn and his attorney agreed to use the haul route to Babcock Road; however, since that hearing, they have seen many trucks going in the mulching facilities in the area and many sand trucks coming out where they are doing the lake and borrow pit. She stated they witness it on a daily basis going through Barefoot Bay on Micco Road; and many of the trucks are uncovered and have limbs and things blowing off. Ms. Riesenbeck stated they are concerned for their residents' wellbeing; Micco Road has deteriorated quite a bit since the 1998 hearing; they have a lot of residents who are not as agile as they used to be in trying to bypass limbs on the side of the road and bad spots in the road; and it has become a hazard to the people. She stated they will use the leftovers from the mulching to burn in the incinerator, but with the trucks from the lake or borrow pit, it seems the truck traffic is excessive. She requested the Board include the entire manual from North Cypress as part of the CUP, as it answers many concerns; and recommended they post signs inside their facilities instructing truck drivers to go west to Babcock Road and not through Barefoot Bay. She noted they are trying to be good neighbors, but doing a few additions will make the residents much happier.

Mr. McClelland advised his client will agree to post signs telling truck drivers to go to Babcock Street and will insert it on their tickets. Chairman Scarborough inquired if there is a way to have assurance that the manual is binding; with Mr. McClelland responding he understands the project was approved on the basis of the manual. Solid Waste Management Director Richard Rabon advised the manual would be included as a permit condition.

Commissioner O'Brien inquired if the County or anyone core-tested the road. Mr. McClelland advised with the incinerator they will not generate more traffic; and what they are trying to do is burn the stumps so they do not have to go back out on the road and to the disposal facilities. Mr. Washburn advised the road has been core-tested; the worst part of the roadway is the area that goes toward U.S. 1 rather than Babcock Street; but the road does need to be reconstructed in the near future and is on the list of projects under the LOGT proposals. Commissioner O'Brien inquired if there is anything that will show the impact of the project upon the road in either direction; with Mr. Washburn responding no, but there is a lot of truck traffic existing on Micco Road. Commissioner O'Brien stated Port Canaveral came to the table on SR 528 to pay for the wear and tear on that highway from a special tax they get at the Port; they participate with FDOT on maintenance and repair; and this project indicates a dramatic increase especially in tonnage. Commissioner Higgs stated Conditions 35 and 36 relate to the condition of the road that might be directly attributable to the applicant. Mr. Rabon stated there is a letter he will be submitting that says he will be responsible for any damage to Micco Road in that area; and he will post a bond to guarantee that.

Ben Graham, member of Barefoot Bay Area Industrial Residential Committee, requested the Board consider their concerns and include them in the permit as follows: (1) before being allowed to begin the operations, they have at least two trained and certified operators at that time and their credentials be given to Mr. Rabon; (2) the 300-foot, 2.5-inch hose called for in the operations manual be required to be the same quality fire hose used by fire departments; (3) computers be installed to monitor and record 24 hours a day the wind speed, direction, and smoke detection, so both fire and County inspectors can then check and make evaluations of the operation; (4) after the fill is used to cover the residue from burning all day, it be watered down well so when removing ashes from the pit there would be no problem with ashes in the atmosphere that would drive over any of the developments; and (5) allow Micco Fire Department to go with Brevard County fire inspectors on the initial inspection, train them in their requirements, and allow them to make several inspections during the year and report the findings to the owner. Mr. Graham stated it would give them more confidence; they are concerned about fires which could get out of hand like at Chip Harvester in Indian River County; the fire department felt it started from internal combustion in one of the mulching pits; so it is important that the mulch piles that come in first are the ones that go out first to eliminate the problem of building up heat. He advised the truck traffic on Micco Road is quite high; they have over 1,000 cars a day that use that road; it is the main thoroughfare for them to get to U.S. 1; and they are concerned that the debris falling off the trucks may hit cars going in the opposite direction. He stated they also noticed that some trailers coming in are so overloaded that coverings cannot get over them, so they are not covered completely; they are happy to hear the permit will include ingress/egress by Babcock Street; and they request the applicant bear the cost of repaving the road.

Commissioner Higgs inquired about the condition to water down the ash; with Mr. Graham responding what they do at the end of the burning time is put fill over what has been burned; at the end of the day people like to get home and sometimes the fill may not cover it completely and it could burn on the edges; so they ask that it be watered down at the same time to make sure all the fire is out and the next morning when they take it out the dry ash would not fly around in the area.

Commissioner O'Brien inquired if Mr. Graham worked, visited, or saw an operation of this kind when it was active; with Mr. Graham responding no, he is going by what one of their experts told them. Commissioner O'Brien inquired who is the expert; with Mr. Graham responding Bob Smith who built and operated air curtain incinerators.

Commissioner Higgs inquired about having two trained and certified operators with credentials submitted to Mr. Rabon; with Mr. McClelland responding they have one trained expert on duty at all times when the plant is operating, and they will not agree to have two experts all the time. Commissioner Higgs inquired if they will agree to have two people there at all times, but only one certified; with Mr. McClelland responding one certified operator while the plant is in operation has been made part of their operating plan. Commissioner Higgs inquired about a fire hose consistent with fire fighting standards; with Mr. McClelland responding they will agree to have a fire hose which is consistent with fire fighting standards. Commissioner Higgs inquired if that can be added to the permit conditions; with Mr. McClelland responding yes. Commissioner Higgs inquired about a computerized device to measure wind speed and direction and detect smoke; with Mr. McClelland responding they have no idea of the cost or sophistication of such device, so they cannot agree to that at this time. Commissioner Higgs inquired if Mr. Rabon has a device at the County's facility; with Mr. Rabon responding no, but a windsock can tell direction and wind speed devices are not very expensive. He stated smoke detection device would be more sophisticated; however, a trained operator would be able to detect smoke anyway. Mr. McClelland stated they will agree to a windsock and wind speed device. Commissioner Higgs inquired about watering down of ash at the end of the day; with Mr. McClelland responding he will let the expert respond to that. Mr. Tempia advised the system is designed with air on the bottom and top; they doubled the air load requirements, so they do not want to have anything that would plug up the holes on the bottom; and if they get the air they need on the bottom, they do not need to do anything with the ashes because there will be a minimal amount of ash formed at the bottom which will not need to be taken out every day. He stated according to the permit conditions, the only time it needs to be removed is when it reaches one-third of the height. He stated in those cases when the ashes are removed, they plan to put a light coat of fill over it to prevent the ashes from becoming airborne but not enough to clog the system; and that is the approach scheduled in the plan. Chairman Scarborough inquired if that is acceptable practice; with Mr. Rabon responding it would be if enough dirt is put on it to ensure the ash does not blow around once it is removed from the incinerator. Commissioner Higgs inquired if there needs to be further elaboration in one of the conditions; with Mr. Rabon responding they need to go out there and inspect it, but six inches of cover should be sufficient. Mr. Tempia inquired if that is only during times of removal; with Mr. Rabon responding yes. Mr. Tempia stated that would be fine.

Mr. Tempia advised people are certified according to Department of Environmental Protection; they go to an official school, and have to pass a written exam for the one-day course plus visual observation; so it will be an official State certificate that will be submitted to authorities.

Commissioner Higgs inquired if Micco fire fighters can accompany County inspectors as part of the process; with Mr. McClelland responding it is a liability issue; who the County wants to bring on in terms of fire inspection is up to the Board as part of its team; there is another condition that restricts access to the site; so if they come, it should be under the mantel of the County and be trained by the County and covered by liability insurance. Commissioner O'Brien stated the Board looked at pollution as a serious argument regarding the Oleander power plant, but it is ignoring it with this project. Chairman Scarborough stated it is extremely difficult to discuss pollutants.

Commissioner Carlson inquired if first in/first out is considered; with Mr. McClelland responding it is a condition of the mulch facility permit and is their practice. Commissioner Carlson inquired about debris falling out of trucks; with Mr. McClelland responding their policy is to have all trucks tarped if at all possible. Commissioner Carlson inquired if there is allowance to suspend the permit during adverse weather and atmospheric conditions, and does open burning apply to this item; with Mr. Rabon responding it is not open burning, and under emergency conditions it could be stopped by the Board. Commissioner Carlson inquired if drought is considered an emergency; with Mr. Rabon responding it could be.

Commissioner Higgs stated she is prepared to approve the item with the inclusion of the wind direction and speed indicator, six inches of fill over ash before removal, the Board send a letter to the Sheriff asking for increased law enforcement awareness of the cover policy regarding trucks on Micco Road, and inclusion of qualified Micco volunteer fire fighter personnel with the County's inspection team.

Chairman Scarborough stated there could be signs put on the roads that trucks carrying debris should have tarps over them; and inquired if informational signs can be put out at will or are there restrictions; with Assistant Public Works Director Ed Washburn responding they can put informational signs out, but he would have to check with the Traffic Engineer on the type of lettering needed. Chairman Scarborough stated that is beyond the motion. Commissioner Higgs stated that could be included in her second motion which is a letter to the Sheriff, qualified Micco fire fighter personnel, and signs by the County. Commissioner Voltz inquired if the hose needed to be included in the motion; with Commissioner Higgs responding yes, the signs, hose consistent with fire fighter quality and interior signs regarding haul routes and on invoices.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve issuance of an operating permit for North Cypress Reserve's air curtain incinerator, with additional conditions to include wind directional and wind speed indicators, fire hose be consistent with fire fighter standards, interior signs regarding haul routes be installed, haul route indicated on invoices, and six inches of fill over ash before removal. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Chairman to send a letter to the Sheriff requesting additional monitoring of trucks on Micco Road for compliance with the coverage standards, include Micco volunteer fire fighters as part of the County's inspection team, direct staff to investigate the need for signs indicating regulations for trucks on County roads in the area; and County install signs around the area indicating regulations for trucks. Motion carried and ordered unanimously.

The meeting recessed at 10:35 a.m., and reconvened at 10:57 a.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 14, ARTICLE 2, DEFINING FERAL CATS

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 14, Article 2, to define feral cats.

Animal Services and Enforcement Director Joe Ward advised the Board discussed the feral cat report, and determined to proceed with a change in the Ordinance to establish a program that would allow management of feral cat colonies; and the ordinance was advertised for a public hearing. He stated the second issue is the budget to start up the program; and copies of the budget were provided to each Commissioner.

Sue Canada advised of Orange County's operation by a private organization called Care which traps cats and takes them in to the spay/neuter clinic at no charge, veterinarians' discretion to test for AIDS or leukemia, tipping the ears of cats, vaccinations, and success of the program to reduce the number of cats taken to shelters. She stated if cats are removed from the colonies it incites other cats to move in, and it becomes a never-ending problem; and noted it is a good idea to set up a trust fund. She stated Animal Control officers do not go into attics, or cut out walls, or go under trailers; advised of her efforts to help kittens, cats, and wildlife, leaving her no time for fund-raising; and noted the County could raise funds through public service announcements. She advised of a four-wheel drive Blazer purchased for Animal Control; stated it should be a truck capable of carrying more carriers; and recommended money allocated for the Blazer be put towards the feral cat management program. She stated someone said Animal Control will start advising people to call pest control companies to get animals out of their homes; a lot of elderly people and large families cannot afford to call pest control companies; and if they cannot catch the animals, they shoot them. She stated there is a desperate need for this service, and hopes the County allocates funds each year to keep the program going, and get veterinarians in different areas from the first spay and neuter clinic to help with the feral cats.

Karen Dellinger advised of her efforts to help with the cat problems in her neighborhood, the inhumane treatment of kittens and cats by teenagers, and traumatic experience for younger children to see those actions. She agreed with the spaying and neutering of cats, and requested help to take care of the kittens.

Deborah Williams of Space Cats Club, advised trap, neuter, and return is already being implemented in the County on a small scale by volunteers with their own funds and donations; shelters and streets are full of kittens; and people call every day and night for help. She stated the feral cat program is provided by volunteers, but the traditional methods of control are provided by the County; the incentive for volunteers is County funding for spay and neuter; and it is a humane and positive alternative to what has been used in the past.

Frank Kizis, who volunteers with Space Cats Club, stated feral cats can be tamed; he has taken in a lot of cats and put them in foster homes; they make wonderful pets; and they need all the help they can get. He stated he does not call Animal Control because they cut the heads off animals to test for rabies; and he would prefer to have the feral cat management program.

Anita Bunton advised of her letter sent to the Board, her work to turn Brevard County from an animal kill county to an animal care county which would cost less, and putting the responsibility on the offenders who are irresponsible owners. She stated the feral cat program is a band-aid approach to the situation; it will not solve the problem; and the law of spay and neuter should be enforced and programs instituted where the private sector can get involved. She stated Brevard County is a leader in the State; it can institute animal care which would spread throughout the State and nation; and requested the Board do that and enforce the existing laws.

Chairman Scarborough inquired if there is a place in the United States that has an animal care program Brevard County could model itself after; with Ms. Bunton responding New York and California are making strides in the right direction, but none focus on the truth. She recommended the Board compile the different attempts in other places, go after irresponsible owners, and enforce the laws, particularly spay and neuter and license tags.

Commissioner O'Brien advised if the County acquired an ambulance that has been decommissioned and converted it for the feral cat management program to go to the sites, catch cats, and operate on them in the ambulance, it could save time and money. He inquired if the cats are held for a few days after being spayed or neutered; with Mr. Ward responding no, they go back out the same day. Mr. Ward advised what Commissioner O'Brien is proposing is a mobile neutering clinic which several counties have; they are fairly expensive to convert, but it would be ideal to do that in the future.

Discussion ensued on converting a truck, bus, or old ambulance as a mobile neutering clinic, donations to initiate it, cost to replace equipment and supplies, over-time pay, volunteers, and less cost to have a mobile clinic than to transport cats from a site to the vet and back.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt an Ordinance amending Chapter 14, Article 2, Code of Ordinances of Brevard County, Florida, pertaining to animal services and enforcement; specifically amending Section 14-36, Definitions, to include definitions for abandon, caregiver, and feral animal; amending Section 14-41 to provide for public information program; amending Section 14-57 to delete regulation specifically pertaining to feral cats; creating Section 14-46 to provide for feral cat management program; creating Section 14-65 pertaining to abandonment of animals; providing severability; providing area encompassed; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 99-39.)

Chairman Scarborough advised the budget being requested for the feral cat management program is $36,601.20; and inquired why 20 cents; with Mr. Ward responding that is how it figured out from the catalog.

Commissioner Higgs advised if the Board wants to consider the mobile unit, it should table the budget until the first meeting in July and get into budget discussions to look at that possibility. Commissioner O'Brien inquired if it could be a used bus, and if the School Board has used buses it could donate.

Commissioner Carlson questioned the telephone line and answering machine at $1,000; with Mr. Ward responding he did not know if it would be an answering service or machine; they discussed it since and are considering an answering machine; and the answering machine, line cost, and per month charges would be close to $1,000 a year.

Commissioner Voltz inquired what is the #10 under castration; with Mr. Ward responding they are kits that would take care of 100 cats.

Chairman Scarborough inquired if Mr. Ward could return with alternative proposals including a mobile clinic. He stated the fixed expenses, capital purchases, and other things would be different; with Mr. Ward responding most of the items could be included on the bus; and he would prefer to move ahead with some of that. Chairman Scarborough recommended moving ahead with operational expenses and asking Mr. Ward to return with capital purchase recommendations; with Mr. Ward responding he would need the capital in order to do it. Commissioner O'Brien recommended approving the request today and asking Mr. Ward to return in July with alternatives.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve $36,601.20 from the General Fund Contingency to initiate the feral cat management program. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE PROHIBITING OPEN BURNING, USE, SALE AND DISCHARGE OF FIREWORKS

Chairman Scarborough called for the public hearing to consider an ordinance prohibiting open burning, and the use, sale and discharge of fireworks.

County Manager Tom Jenkins advised there are no emergencies now, so the ordinance has been changed.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Ordinance prohibiting open burning, use, sale, discharge of fireworks if certain conditions are present; providing for enforcement; providing for penalties; providing for conflicting provisions; providing for severability. Motion carried and ordered unanimously. (See page for Ordinance No. 99-38.)

PUBLIC HEARING, RE: REQUEST FROM SOUTH SHORES UTILITY ASSOCIATION FOR SERVICE AREA EXTENSION

Chairman Scarborough called for the public hearing to consider a request from South Shores Utility Association to extend its service area.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to approve extension of the service area for South Shores Utility Association to include Indian Landing site, Villas at Sunset Point Subdivision, a church site, and a duplex. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ZONING RECOMMENDATION OF MAY 3, 1999 - ITEM 1, DONALD AND JUDITH MOLITOR

Chairman Scarborough called for the public hearing to consider a recommendation from the Planning and Zoning (P&Z) Board, made at its public hearing on May 3, 1999, as follows:

Item 1. (Z9905407) Donald N. Molitor, Trustee, and Judith M. Molitor's request for CUP for towers and antennas replacement in BU-2 zoning classification on 17.67? acres located on the south side of Parrish Road, west of Range Road, which was recommended for approval by the P&Z Board.

Tom Haymond of Southern Star Radio, advised the tower is owned by American Tower; they will be a tenant on the tower; the extended height is required for one of their radio stations; and Ms. Seggerman will give an overview of the request.

Karen Seggerman presented an inventory of the towers within a five-mile radius, a map from the Property Appraiser's Office, and two listings, one from FCC registration of towers within a five mile radius and a list of all the towers in the County. She stated there are 26 towers in the area. Commissioner Voltz inquired what type of towers; with Ms. Seggerman responding they include radio stations and cell variety.

Chairman Scarborough stated the issue is where do they have towers with the height requested; and the burden is on the applicant to show the necessity and why it cannot be on another tower that is in the area.

Ms. Seggerman advised the information she has from FCC shows the height of towers by longitude and latitude; the inventory by the County is done by address and does not contain heights; and Mr. Haymond has checked into that situation.

Mr. Haymond stated when they purchased WHKR two years ago, the previous owners had gotten permission from the Federal Communications Commission to move the transmitting tower from Titusville to SR 520 area; the radio station in Titusville did not give complete coverage throughout the County, especially in the Melbourne and Palm Bay areas; and because they were looking for an emergency activation program separate from Orlando for Brevard County, it became important to them. He stated WLRQ will be the primary activator; all the radio station studios are in the same building; and they want WHKR to be a secondary station because it is a 50,000 watt radio station. Mr. Haymond advised the original application with FCC was for the radio station to move to the Time Warner Cable tower on Lake Poinsett; with an FM radio station, there are two factors for coverage area; one is power and the other is height because FM is more of a direct line of sight; therefore, the higher up the antenna is located, the farther out the signal will go. He stated when they went to act on the original application at TWC which was approved by FCC, TWC did an engineering study of their tower and said it was not capable of handling the equipment; so they looked at another location that would have the minimum height they need of 430 feet. Chairman Scarborough inquired if the Board requires moving to a different location, will they need multiple towers; with Mr. Haymond responding there is not another location within the area. Mr. Haymond stated the FCC regulates where radio stations can transmit from to protect other radio stations; in this case they have to protect radio stations in Tampa and Miami; so they are limited in the geographic area. Chairman Scarborough inquired if they can move 100 or 200 feet; with Mr. Hayman responding there is about 12 miles east/west and five miles north/south; within that area there are only two towers that have the height they need, one being the TWC tower and the other owned by the Clepper family that currently has the WLRQ antenna; and that was an option they looked at, but there is no space on that tower.

Commissioner Higgs stated WHKR is an alternative emergency signal to WLRQ so locating both on the same tower would be counter-productive; so in terms of technical necessity, locating on that tower would be against what the Board is trying to have. Mr. Haymond noted they looked at that tower due to the height, because there are not many towers with the height they need.

Commissioner O'Brien inquired, when Mr. Haymond said they cannot co-locate on another tower with others or that the towers are all full, what does that refer to; with Mr. Haymond responding there is no space on the tower or they cannot handle the structural load which would be the weight of the antennas, co-axle and cable. He stated the other is with antennas there is also the STL dish to receive signals from the studios; the map shows the current signal and proposed signal for the radio station; the proposed signal is indented to protect the radio station in Tampa; and in order to create that signal, it takes a special directional FM antenna which requires multiple bays. He stated a bay is basically an arm; they need four bays to do that; a bay needs a ten-foot separation between each or they will conflict and destroy the signal; so they are looking at a minimum of 45 feet; and finding 45 feet at that height is a problem. He stated the existing tower is currently 380 feet; and with the extension to 430 feet, it would allow them to go on top of that tower and satisfy the needs of FCC and give full-county coverage. Commissioner O'Brien inquired if the tower can take an additional 50 feet; with Mr. Haymond responding the current tower cannot support an extension of 50 feet which is why they are looking at a replacement tower. Commissioner O'Brien stated he does not know much about space on a tower or what can be done; what he does know is that people are upset about the number of towers they have to look at that are impeding the view and aesthetics of Brevard County; five other towers match the height needed; one is 399 feet, another 420 feet, another 400 feet, another 440 feet, and one at 625 feet; and inquired why they cannot locate on any of those towers; with Mr. Haymond responding they have searched for two years; the 625-foot tower is currently the TWC tower on Lake Poinsett; and they are going to reduce it because it could not support extra weight. Commissioner O'Brien stated there are 26 towers within a five-mile radius; with Mr. Haymond responding that is why they prefer an existing tower as opposed to building a new tower. Commissioner O'Brien stated he has problems with the request; they say it is the only tower out of 26 towers they find compatible with their equipment; there are six others in close proximity at the height requested; and he cannot accept that they are all full. He stated trying to co-locate does not mean adding more height.

Commissioner Carlson stated she agrees with the request; it is a goal of Emergency Management to have a separate emergency activation program; and inquired if there is a way to do replacement towers to maximize the strength and to promote additional usage; with Planner Tom Myer responding the applicant has made some provisions for that. Ms. Seggerman stated they do maximize the strength and capacity of the tower so it will be able to handle more co-locations. Chairman Scarborough suggested including that provision in an ordinance; and Commissioner Carlson suggested staff review it and bring something back to the Board.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 1 as recommended by the P&Z Board. Motion carried and ordered; Commissioner O'Brien voted nay.

Commissioner Carlson stated there is another issue of the potential to go back and retrofit existing towers to see if they can be strengthened as well; but at this time she would recommend staff explore the possibility of maximizing existing towers and any replacement towers.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to explore the possibilities of encouraging applicants to maximize the strength and capacity of existing and replacement towers and provide that data as technical necessity. Motion carried and ordered unanimously.

Commissioner Voltz advised this is the first time the Board received information on how many towers are in a five mile radius; she would like to get that type of information on all CUP application for towers and antennas that come before the Board; and applicants need to know the Board will ask them why they cannot go somewhere else so they will be prepared to respond to that. Ms. Seggerman advised carrier needs differ; if it is not a radio antenna, five miles is not required; and an antenna for paging or wireless phones maximum limit is within a mile or mile and a half.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to provide the number of towers within a certain radius of a proposed site with future applications for towers and antennas conditional use permits. Motion carried and ordered unanimously.

REQUEST FOR WAIVER BY DAVID BOGENRIEF ENGINEERING, RE: SECTION 62-4335(5), BUILDING SETBACKS

David Bogenrief advised the request is for a waiver of 20 feet from the 40-foot buffer between commercial and residential zoning; there was a request for a landscaping plan at the last meeting; and what they propose should address the concerns. He stated they have a tree survey of the property; they proposed to accent what is there such as existing oak and pine trees, and rework the retention to meander around it and be aesthetically pleasing. He stated the owner of the adjacent property had concerns about boat storage or any storage; and they have no problem stipulating to that and no business operating out of the storage units.

Rose Mary Shaff advised their main concern was storage; the property is next to approximately ten residential units, not one; and they want the back of the building as the wall and not an additional wall, as long as it is maintained, there are no vagrants, and there is no rubbish behind the building. Commissioner Carlson inquired if the chain-link fence is going to stay up; with Ms. Shaff responding they just had it put in two months ago. Ms. Shaff inquired which direction will the doors open; with Mr. Bogenrief responding most of them will open to the south.

Mark Stahler, owner of the property, stated he has no intentions to keep anything behind the building, but he may want to let people park campers on the other side; and there will be a ten-foot building between his property and the residential area so they will not see anything.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to waive the building setbacks of Section 62-4335, from 40 feet to 20 feet, as requested by David Bogenrief Engineering on behalf of John Stahler, with a binding development plan providing for no outside storage behind the building. Motion carried and ordered unanimously.

The meeting recessed at 12:04 p.m., and reconvened at 1:01 p.m.

APPOINTMENT, RE: HOUSING FINANCE AUTHORITY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to appoint Barry Forbes, 3962 Ridgewood Drive, Titusville 32796, to the Housing Finance Authority, replacing Sally Hutchison, with term expiring June 2, 2003. Motion carried and ordered unanimously.

PUBLIC HEARINGS, RE: ORDINANCE EXTENDING EXISTING LOCAL OPTION GAS TAX; ORDINANCE ADOPTING NINTH CENT FUEL TAX; AND ORDINANCE INCREASING EXISTING LOCAL OPTION GAS TAX AN ADDITIONAL TWO CENTS

Chairman Scarborough called for the public hearings to consider three ordinances extending the existing local option gas tax, adopting the ninth cent fuel tax, and increasing the existing local option gas tax an additional two cents.

Mary Tees supported extending the four cents, noting the need for roads to avoid being like Dade County. Lee Watson recommended putting three cents on the ballot. Jan Lieson supported the three cents gas tax to help improve roads and assist municipalities, as it will be paid by people using the roads. Maureen Rupe supported the gas tax. Bruce Thomas inquired if impact fees are too low for funds to improve roads and infrastructure; with Transportation Planning Director Bob Kamm responding there is an impact fee of $850 per residential unit and none on commercial or industrial. Nicki Kisner, Bob Nanni representing City of Palm Bay, Robert Jensen representing West Melbourne Chamber of Commerce, and William Ferrell addressed the Board, primarily in support of extending the gas tax.

Chairman Scarborough inquired if the share of the gas tax is a fair breakdown if the majority of roads are in the cities; with County Manager Tom Jenkins responding there are County roads that go into cities. Assistant Public Works Director Ed Washburn advised the County has projects such as Dairy and Malabar Roads that go into cities.

Commissioner Higgs advised she could support it if the Board will create transportation solutions and not just build roads; transportation solutions include land use planning now before all the homes are built; the difficulty with the local option gas tax is that it may not be able to be used for reduction of demands on roadways; and the only way she can be supportive of any increase in the local option gas tax is to plan a transportation system for the future that can be funded, built, and reduces demands on roads. She stated currently the population is approximately 480,000 people; in 2020 it is projected to be 688,000; that is a lot more people who will need roads; and if the County does not plan smartly now no amount of fix in 2020 will work. She stated she is willing to participate in a real solution to the problem, but she is not willing to throw money at it and do business as usual. Commissioner Higgs stated an option is to use the 9th cent gas tax to offset general fund revenue, and use the general fund revenue for planning; and another option is to consider a half cent or whole cent sales tax referendum for the March 2000 Presidential Primary Election not just for roads but other infrastructure needs, and fully inform the people of where it is going and where it wants to be in the future. She noted she is sympathetic to the challenges of Palm Bay and would like to participate in working out a solution to that; and the hand they were dealt is very difficult because there were sale of lands to people all over the world without infrastructure.

Commissioner Voltz requested clarification on the sales tax issue; with Commissioner Higgs responding a better way to look at the infrastructure needs, not only roads, is to look at the sales tax. Commissioner Voltz inquired if sales tax rather than gas tax would be spent on roads; with Commissioner Higgs responding the Board should present to the people a comprehensive look at infrastructure improvements needed in 2000; a way to get there could be sales tax and gas tax; and a realistic presentation to voters is important so they understand what their choices are. Commissioner Voltz stated using sales tax for roads is not a good idea; there are a lot of poor people who would have to pay the increase in sales tax; and it would affect them more than the gas tax. Commissioner Higgs advised under Florida Statutes it is called the local government infrastructure surtax; it can be used to reduce demand on roads; it is less restrictive on how it can be used; the cities share in the gas tax and the sales tax at the same type of split; half a cent of sales tax would provide $20 million revenue stream, with $11 million for the County and $9 million for municipalities; so it is not much different than the gas tax and less restrictive on use. Commissioner Voltz stated the gas tax can be used the way the Board sees fit and the cities can spend their portions how they see fit; the cities desperately need the revenue now; and for the Board to say no is a way to manipulate the cities into doing what the County wants them to do. She stated cities are responsible to their residents; the County can set an example; but it should not require the cities to do the same thing. She stated she supports the 9th, 10th, and 11th cents gas tax because most of her District is incorporated and they need the money for roads; and inquired if 20% of the gas tax is paid by tourists; with Mr. Kamm responding between 15 and 20%, including I-95 pass-through traffic. Commissioner Voltz inquired how much revenue is generated from gas taxes; with Public Works Finance Director Jim Helmer responding they get $13 million from the local option gas tax, $3.8 million from the Constitutional gas tax, and another $2.2 million from the County gas tax, so it is close to $20 million, with half of the $13 million going to the cities. Commissioner Voltz inquired how much general fund dollars are spent on Road and Bridge; with Mr. Helmer responding about $1.6 million. Mr. Jenkins stated that includes Road and Bridge, the Engineering staff that design roads and drainage projects, and Traffic Engineering that does intersection improvements and traffic signals. Commissioner Voltz inquired if the Board passed the gas tax, would it supplant the general fund support; with Mr. Jenkins responding he has a concern about next year's general fund which relies extensively on property tax revenues because several programs have been added by the Board during the year that will have a fiscal impact next year. He stated the County also received several mandated increases from the State that will cost additional dollars; they expect health insurance costs to go up significantly next year; and he hopes to give employees a salary increase to make their salaries comparable to what the cities in the County are paying, so that ninth cent is needed very badly by the general fund to fund all the public works transportation related activities. He urged the Board to consider the 9th cent for the transportation program so that general fund dollars would not be used for that.

Discussion ensued about holding the cities hostage by not passing the gas tax, and addressing the transportation issues and not only build roads.

Clarence Rowe presented copies of minutes from a September 1998 meeting discussing the same subject and mass transportation; stated there was direction to staff to come up with solutions to the problems; and it is necessary to attract business into the community and to make people self-sufficient by having transportation to decent jobs. He advised of problems with low wages that do not allow people to improve their lifestyle; and stated his concern is transportation to get people to work and make them self-sufficient and part of the tax rolls; and to ignore that issue is unforgivable. He stated it is a problem getting people to work shifts because of the lack of transportation; and something needs to be done, not only building roads. He stated he would like to see a positive note to address the issue financially; there may be a need to form a partnership with the School Board and municipalities; and a solution is needed so all citizens are self-sufficient and taxpayers.

Commissioner Voltz stated she understands Commissioner O'Brien will not support the gas tax; with Commissioner O'Brien responding he will not support it. Commissioner Voltz stated Commissioner O'Brien's voted is needed by the cities; no one wants to raise taxes; but it is being responsible and doing what is right for the County, cities, and economic development. She inquired if Commissioner O'Brien has a better suggestion of how to come up with the money; with Commissioner O'Brien responding the other way is for government to take better control of how it spends money; and it is a matter of priorities.

Discussion ensued on the budget of the City of Palm Bay, and its road problems not being caused by irresponsible spending, extending the gas tax ten years would put it out 22 years, new taxes never going away, gas tax being inflationary, a binding referendum, not increasing the sales tax, setting a time period, people who use the roads paying for improvements through the gas tax, sales tax affecting the less fortunate and elderly, planning land uses without cost, and supporting a referendum.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct staff to take the 9th, 10th, and 11th cents gas tax to referendum on the Presidential Preference Election ballot in March 2000.

Commissioner Carlson stated she does not have a problem with a referendum, but would prefer to look at all other options for transportation such as impact fees, etc. and all other user fees or anything else that may be available to put in a comprehensive package.

Vice Chairman Higgs recommended between now and the Spring the Board do a comprehensive look at infrastructure needs and have a package for citizens to review so they will know what it means, where the County is going, and what other needs are present, so they can make an informed and logical decision on where the County will go with its infrastructure. Commissioner Carlson stated it would put a burden on cities to come up with a plan for their jurisdictions. Vice Chairman Higgs suggested the Board think about putting a committee together of city and County citizens to determine what it will need for 2020 to be a quality community and how to present that to the people to finance it.

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

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance amending Ordinance No. 88-15 and 97-06 of Brevard County, Florida; reestablishing and extending the term of the local option fuel tax imposed upon every gallon of motor fuel and diesel fuel sold in Brevard County; providing for distribution to the County and eligible municipalities; limiting expenditures of the proceeds distributed to the County; and providing an effective date.

Commissioner O'Brien stated he cannot support the motion. Commissioner Scarborough stated it is cheaper to build roads today; it goes up in value; the debt goes down; and the County borrows at a very low rate. He stated if the Board wants to increase the net worth of the people of Brevard County, it should spend now on roads so people born 20 years later will have a richer life.

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

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Commissioner Higgs advised while it may seem she is the road block to the 9th, 10th, and 11th cents gas tax, it could be reversed and said that those who are unwilling to look at the planning for transportation and land use issues could put a block on them; the Board has not reached a common ground; all Commissioners share in that responsibility, not only her; and she is not willing to go alone, but nobody is ready to step up to a compromise position on the 9th cent. Commissioner O'Brien stated if the referendum is approved by the public, it should include that it would be repeated every ten years. Commissioner Higgs stated a time frame could be put on the referendum. Chairman Scarborough stated that is a good idea because it would have to come back to the people.

The Board took no action to adopt ordinances adopting a ninth cent fuel tax and increasing the existing local option gas tax an additional two cents.

DISCUSSION, RE: FUNDING FOR VETERANS MUSEUM EXPANSION

Melvin Mueller, representing the Veterans Memorial Center, requested $5,000 to be used to pay for engineering drawings for the current center complex expansion. He stated their Chairman William Conner sent letters to Senators Graham and Mack, and Representative Weldon outlining the expansion, a copy of which has been provided in the booklet. He advised of what is in the Museum; stated it is unique in the State of Florida; and noted without the engineering drawings the expansion could not be accomplished.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve $5,000 from the general fund contingency for the Veterans Museum expansion. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE RFP, APPOINT SELECTION AND NEGOTIATING COMMITTEES, AWARD RFP, AND AUTHORIZE CHAIRMAN TO EXECUTE CONTRACT, RE: MELBOURNE BEACH AND PORT ST. JOHN LIBRARIES

Commissioner Higgs advised not included in the request is the contingency that if the Melbourne Beach referendum passes, a person from the City Council would need to be included consistent with the interlocal agreement; with County Manager Tom Jenkins responding they have negotiated that with the City.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to grant permission to advertise request for proposals (RFP) for architectural and engineering services for Melbourne Beach and Port St. John Libraries; appoint the County Manager, Library Services Director, Facilities Construction Director, Facilities Management Director or their designees, and a City Council person from Melbourne Beach if the referendum passes, to the Selection Committee; appoint the Library Services Director, Facilities Management Director, Facilities Construction Director or their designees to the Negotiating Committee; authorize award of the RFP and execution of a Contract by the Chairman with the successful firm; and approve Budget Change Requests transferring funds for the services. Motion carried and ordered unanimously. (See pages for Contract and Budget Change Requests.)

APPROVAL, RE: TDC CATEGORY B BEACH CLEAN UP GRANT APPLICATION HANDBOOK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the TDC Category B Beach Clean Up Grant Application Handbook.

*Chairman Scarborough's absence was noted at this time.

Commissioner O'Brien advised currently 35% of the first two cents and 25% of the third cent of the tourist tax funds the TDC Beach Fund; the current policy allocates 15% of available funds for other beach projects; and requested an explanation. He stated he got lost in the definition after hearing it four times and could not comprehend what he was being told besides giving $113,000 to Keep Brevard Beautiful. He stated if KBB is there to clean up the beaches, that is fine, but how they got there he does not know. Assistant County Manager Peggy Busacca advised the Beach Clean Up Grant is part of the other beach projects; 35% of the first two cents and 25% of the third cent gives you 100% of the money that is under the TDC Beach Fund; of that 100%, 15% goes to other beach programs including this grant program; and that is how the money is funded.

Vice Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously; Chairman Scarborough being absent from the room.

APPROVAL, RE: TDC CATEGORY E CULTURAL EVENTS REVISED GRANT APPLICATION HANDBOOK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the TDC Category E Cultural Events Revised Grant Application Handbook. Motion carried and ordered unanimously; Chairman Scarborough being absent from the room.

RESOLUTION, RE: AUTHORIZING DRAW FROM FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION TAX EXEMPT COMMERCIAL PAPER LOAN PROGRAM FOR 911 AMBULANCE SERVICE IN CENTRAL EMS BENEFIT UNIT

Commissioner O'Brien inquired who will get the $2.3 million; with Public Safety Director Jack Parker responding that is the money the Board approved as start up funds for taking over the 911 ambulance service in the Harbor City area; and the Board will get the funds.

Commissioner Higgs inquired if the funds are to purchase ambulances. Commissioner O'Brien stated Harbor City has ambulances; with Commissioner Higgs responding Harbor City is not willing to sell the ambulances. Mr. Parker advised the County will purchase what it can from Harbor City at fair market value; and the items that are in poor condition they will buy new. He stated some of the money will be used for site selection trailers and site selection properties.

Commissioner O'Brien inquired if staff is not happy with the sites; with Mr. Parker responding they are happy with three sites; and if the County assumes those three stations, they will pay Harbor City fair market value. Mr. Jenkins stated the County is also adding stations above and beyond what Harbor City had. Commissioner O'Brien inquired who paid for the stations; with Mr. Parker responding Harbor City in most cases, except one station which was paid for by a grant. Commissioner O'Brien inquired if the County will pay Harbor City; with Mr. Parker responding their by-laws say they have to sell what they own and pay off their debts and liabilities to insure they are completely liability free when and if they dissolve the corporation. Commissioner O'Brien inquired if the County is giving Harbor City $2.3 million; with County Manager Tom Jenkins responding no; ten new ambulances have been ordered; Harbor City will be paid what the County acquires from them; and the County is getting back three ambulances at no cost. Mr. Jenkins advised staff will give the Board an account of how the money is spent. Commissioner Voltz stated there is no reason to spend money on old ambulances then turn around and buy new ones.

Discussion ensued on the number of ambulances, condition of Harbor City ambulances, itemized expenditures of the takeover, accidents, and negotiations with Harbor City.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution authorizing a draw of $2,300,000 from the Florida Local Government Finance Commission Tax Exempt Commercial Paper Loan Program to provide funding for the start up costs associated with providing 911 ambulance service in the Central EMS Benefit Unit. Motion carried and ordered unanimously; Chairman Scarborough being absent from the room. (See page for Resolution No. 99-138.)

PROPOSAL FROM COASTAL HEALTH SYSTEMS, INC., RE: COUNTYWIDE INTERFACILITY TRANSPORT

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

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to accept proposal from Coastal Health Systems, Inc. to provide Countywide interfacility transport; direct staff to prepare a contract with Coastal; direct staff to advertise a public hearing to amend the EMS Ordinance to allow Coastal to provide interfacility transport countywide and remove Harbor City Volunteer Ambulance Squad's interfacility transport provision effective October 1, 1999; and authorize Coastal to immediately perform non-emergency interfacility transports as needed.

Commissioner Higgs recommended a three-year contract as opposed to five years. Joan Madden of Coastal, advised it will shorten the amount of time to capitalize equipment and for long-range planning; and requested five and five years to stabilize the system. Commissioner Higgs suggested three years with three years extension; with Ms. Madden responding she can live with that. Chairman Scarborough recommended five years with three years extension; makers of the motion and second accept the recommendation.

Chairman Scarborough called for a vote on the motion including the contract period of five years with three years renewal. Motion carried and ordered unanimously.

DISCUSSION, RE: FIVE-YEAR FINANCIAL FORECAST FOR OPERATING BUDGET AND CAPITAL IMPROVEMENT PLAN FOR LIBRARY PROJECTS

Commissioner Higgs stated she is not sure the County has to commit to a scenario today; it has two viable options; two libraries may get contributions from the State; and there may be different scenarios. She stated she supports holding back on a decision.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to acknowledge receipt of the Five-Year Financial Forecast for Operating Budget and Capital Improvement Plan for Library Projects, and defer decision on increasing the millage.

Commissioner O'Brien advised the options are to include a total millage increase at one time during Fiscal Year 2002-2003, or include an increase in millage spread out over four years. He stated both options head towards tax increase; and if the projects were slowed down and phased in, there may be more possibility of not requiring a tax increase.

Chairman Scarborough advised there will be no decision today and it will be deferred until the budget process. He called for a vote on the motion. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: REMOVAL, HAULING AND DISPOSAL OF SLUDGE FROM WASTEWATER PLANTS

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to bid, award bid to lowest qualified bidder for removal, hauling, and disposal of sludge from Sykes Creek, South Central, and South Brevard Wastewater Treatment Facilities; and authorize the Chairman to execute a Contract with the successful bidder. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION COMMITTEE, AWARD PROPOSAL, AND EXECUTE CONTRACT, RE: CLEAN UP SERVICES FOLLOWING DISASTERS

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to advertise request for proposals for clean up services following disasters; authorize award of the proposal to the lowest qualified proposer(s); and authorize the Chairman to execute contract and/or contracts with the successful proposers.

Commissioner O'Brien advised in times of disasters, the County cannot contract with the same companies as Volusia, Orange, Osceola, or Indian River Counties; and recommended Mr. Rabon call them to determine who they will deal with. Solid Waste Management Director Richard Rabon responded they can award multiple contracts to avoid that and have more than one company to select. County Manager Tom Jenkins advised most will be national companies with resources around the United States. Commissioner O'Brien inquired if staff spoke to anyone in Miami on how they solved the problem in South Florida; with Mr. Rabon responding yes; Hurricane Andrew taught everybody a lesson; since then a number of the companies came forward to do this type of service on a national scale; and most of their equipment will be mobilized from other states and can be on the road and in the air before the event occurs in some cases. He stated they can predict land fall and can be here as the winds subside. Commissioner O'Brien gave scenarios of what can happen.

Commissioner Voltz advised she asked the same questions to those companies at the FAC meeting last year; they said they have equipment for multiple projects and when one is in need, they have others that can come down; so it is not a problem. She stated she spoke to several companies, not just one. Mr. Jenkins noted everything is relative between a hurricane and an Andrew type hurricane where the whole place is demolished; and if it is like Andrew, they would need the Army here. Commissioner O'Brien stated if a level 2 or 3 storm damages the south County area and northern neighbors that have the same contracts, there will be serious problems. Chairman Scarborough stated the companies can be asked how they would handle an event that strikes adjoining counties and if they are capable of doing it.

Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously. (See page(s) for Contract(s).)

MEMORANDA OF UNDERSTANDING AND AGREEMENT WITH BREVARD WORKFORCE DEVELOPMENT BOARD, INC., AND BREVARD JOB LINK PARTNERS, AND APPOINT MEMBERS, RE: BREVARD WORKFORCE DEVELOPMENT BOARD

Commissioner O'Brien advised Brevard County has a Workforce Board; there are boards in other surrounding Counties; and inquired if there has been misuse of workforce funding by other counties and their boards; with Linda South, representing Brevard Workforce Development Board, responding she is not aware of it. Commissioner O'Brien requested a complete review of other workforce boards in neighboring counties brought to the Board on July 6, 1999 under New Business. He stated he is not looking for the bells and whistles they performed, but the dirty footprints they may have left behind. Ms. South inquired if Commissioner O'Brien is asking her to bring back information about regional workforce boards in the State that have accusations or allegations of misuse of funds; with Commissioner O'Brien responding that is correct, and find out if other regional boards have serious problems and are misallocating money. Ms. South advised she will direct correspondence to the State Board and pose the question, then bring back their answer to this Board. She stated Brevard County does not have an issue regarding workforce funding, but she will pose the question and do some research to find if there are any along the lines Commissioner O'Brien is speaking of.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Memorandum of Understanding with the Brevard Workforce Development Board, Inc., designating it as the fiscal agent and sub-grant recipient of funds pursuant to the Workforce Investment Act of 1998, and Memorandum of Understanding with Brevard Job Link Partners to establish the Brevard Job Link One-stop System to match job seekers with employers; approve the Workforce Investment Act Plan; and adopt Resolution designating the Brevard Employment and Training Consortium as the Brevard Job Line One-stop Operator (Core One-stop Service Provider), effective July 1, 1999.

Commissioner Higgs advised she will abstain from voting because she owns stock in a company that does business with the Workforce Development Board; and even though there is no money involved, she does not want to have a potential conflict.

Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioner Higgs abstained. (See pages for Memoranda of Understanding, Memorandum of Voting Conflict, and Resolution No. 99-139.)

AWARD OF PROPOSAL #P-1-9-19, AND CONTRACTS, RE: JANITORIAL SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to award Proposal #P-1-9-19, Janitorial Services, for one year with an option to renew for an additional year, to FBG Service Corporation, Inc. at estimated annual cost of $49,020 for Central area, Merritt Island Service Complex, District 4 Parks and Recreation Building, and Public Safety Center; Grosvenor Building Services, Inc. at estimated annual cost of $50,664 for South area, Property Appraiser's Office, Melbourne Courthouse, South Brevard Service Complex, and District 3 Commission Office; and to Grosvenor Building Services, Inc. at estimated annual cost of $181,176 for the Government Center and Harry T. and Harriette V. Moore Justice Center; and authorize the Chairman to execute Contracts with the selected proposers and renewal options if exercised. Motion carried and ordered unanimously.

APPOINTMENT, RE: SCHOOL READINESS COALITION

Commissioner O'Brien inquired if staff contacted the School Board; with County Manager Tom Jenkins responding the legislation that created the Coalition says the School Board gets one appointment and the Board of County Commissioners gets one. Commissioner O'Brien inquired if the $50,000 start-up grant comes to the Board of County Commissioners or School Board; with Commissioner Voltz responding it goes to the Coalition. She advised there is $40 to $50 million dollars that will be coming down in one lump sum; and it is already going to different areas. She advised they are looking for a financial agent to be responsible for dividing that money; and the Legislature has given guidelines on the use of it.

Commissioner Higgs inquired if the Coalition will determine the allocation of the funds; with Commissioner Voltz responding yes. Commissioner Higgs stated the financial agent will receive the funds and be the administrative agent to implement the plan. Commissioner Voltz stated they will not automatically get the $50,000; if they have a board and plan in place by a certain date next year or later this year, they will get $50,000; if not, they will get $25,000 by a certain time; and beyond that, they will not get any money.

Commissioner O'Brien inquired who formed the Coalition; with Commissioner Voltz responding the request came to the Board by the United Way several weeks ago; and the Board did not move on it because the legislation was not done yet, but they did it anyway. Commissioner O'Brien inquired if United Way is forming the Coalition; with Commissioner Voltz responding no. Mr. Jenkins advised Florida TODAY, United Way, and other groups are creating a community town meeting where everybody interested in the subject can participate; and as soon as the Coalition Board is appointed by the various agencies, they will convene and begin to conduct the business of the Coalition and make a number of decisions.

Commissioner Voltz advised there are six to eight members who are specific; Barbara Moore with Child Care Association is one; and there are other agencies and community people. Assistant County Manager Don Lusk advised there will be members appointed by the Chambers of Commerce; the core group consists of the School Board, Board of County Commissioners, and other groups in various areas of the County that will get together in a meeting in mid-June and decide what the rest of the makeup of the Coalition Board will be. He noted that will be based on nominations from the Economic Development Council or Chambers of Commerce. Commissioner Voltz advised she was at the meeting when they listed a variety of different entities that could potentially have an interest in having a member on the Board, so it is not just the EDC and Chambers; and there were several groups, including the Florida League of Cities. She stated when the core group meets and makes a determination of who will be picked for the Coalition Board, it will make it more community-wide as to how the money will be spent. Commissioner O'Brien inquired if the local School Readiness Coalition will combine under one board many programs from birth to kindergarten, to prepare preschool children to enter school ready to learn, and establish a community-wide plan and performance measures; with Commissioner Voltz responding it includes Headstart and other programs that are in place. Commissioner O'Brien inquired who will coordinate it; with Commissioner Voltz responding the Coalition Board.

Commissioner Carlson advised Bernice Jackson has been involved with all the programs for a long time; and inquired if the Board can appoint her to the Coalition; with Mr. Lusk responding if the Board desires to do that, it can.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to appoint Bernice Jackson to the School Readiness Coalition Board, representing the Board of County Commissioners. Motion carried and ordered unanimously.

APPOINTMENTS, RE: AUDITOR SELECTION COMMITTEE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to appoint Budget Director Kathy Wall to represent the Board on the Auditor Selection Committee; acknowledge appointments of County officers or their designees to the Selection Committee; and authorize the Committee to issue a request for proposals for auditing services. Motion carried and ordered unanimously.

LETTER OF INTENT TO ASSIST VIETNAM VETERANS OF BREVARD, INC. AND FLORIDA DEPARTMENT OF TRANSPORTATION, RE: LOCATION OF TRANSITIONAL LIVING FACILITY

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute letter of intent specifying assistance of the County to provide the location, assessment, negotiation, closing, and transfer of suitable real property for relocation of the Vietnam Veterans of Brevard, Inc.'s transitional living facility, with the cost paid by Florida Department of Transportation. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MARLENE WATERS, RE: RESOLUTION ON CONSERVATION OF WATER

Marlene Waters presented an attachment to the Board, and stated they have a small fishing boat they have not been able to use; boats are grounded at the new boat dock; there is a water shortage; and St. Johns River Water Management District issued a water shortage warning.

She advised of news articles on water, percentage of rainfall, water resources, etc., and stated she lives in the County and has to rely on city water. She advised Titusville limited the use of reclaimed water to two days a week because it is running out of reclaimed water.

Commissioner O'Brien recommended staff contact all water suppliers in Brevard County and ascertain if there is a water shortage and what the true facts are. He stated holding ponds are to hold rain water before it goes into the rivers; reclaimed water will deplete as those are annual events; and he would like more facts before considering a resolution.

Chairman Scarborough stated the resolution would have no impact on the Board as it does not mandate, but expresses intent of the Board to address it countywide. He stated the Cities of Melbourne, Cocoa, and Titusville are huge players; and they provide water service outside of their jurisdictions.

County Manager Tom Jenkins advised there is a Water Supply Board which may be a good forum to raise this issue. Chairman Scarborough inquired who is on the Board; with Mr. Jenkins responding Dick Martens. Mr. Martens advised Commissioner O'Brien is on it this year.

Commissioner Higgs inquired if the St. Johns River Water Management District completed the study; with Mr. Martens responding it is completed for Brevard County but will not be released until the plan for the Greater Orlando area is completed which would be about 60 days from now. Chairman Scarborough advised when the study comes back Ms. Waters can get involved with that. He recommended Commissioner O'Brien send the resolution to all the members of the Water Supply Board advising them there has been some interest. Commissioner O'Brien stated Dick Martens is Chairman of that Board and should take care of that. Commissioner Higgs suggested getting a representative from the St. Johns River Water Management District to explain the study to the Board at a regular meeting in August. Chairman Scarborough stated he would prefer to review the report, then make a determination.

PROPOSED REALLOCATION OF SPACE IN MODULAR A AT MELBOURNE COURTHOUSE, RE: SHERIFF'S OFFICE

Art Berger with Crosswinds, advised the Sheriff's Department wants to use the modular at Melbourne Courthouse that the County gave to Crosswinds; the County has offered to give them 11,500 plus square feet at Parkway, which is of better quality and provides more space to have more programs; it is a win/win situation; and the only obstacle is the $25,000 price tag to construct a wall cap on the modular in Titusville. He requested the Board waive that fee. He noted the additional cost is for the County's use of the other half of the modular; if they have to go back to 6,000 square feet they are willing to do that; and they are not sure which way to go and are looking to the Board for help.

County Manager Tom Jenkins advised the County has a 25,000 square-foot modular vacated in Titusville, an alternative which was desirable from their perspective because it was larger; the issue is if they take half the modular south to Crosswinds, they would have to build an end wall to close it up; and that is the additional cost Mr. Berger is referring to. He stated another option is to get modulars from NASA which are available.

Commissioner O'Brien inquired if staff needs authorization from the Board to put a cap wall on the building; with Mr. Jenkins responding yes, and it will be done in-house. Commissioner O'Brien stated he will support that.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve keeping the Melbourne Courthouse Modular A in place for temporary use by the Sheriff's Department for a South Precinct; rescind previous approval of February 9, 1999 donating the modular to Crosswinds; and authorize building a wall to cap the vacant modular in Titusville for use by Crosswinds.

Commissioner Voltz stated before the modular was given to Crosswinds it was supposedly checked on and there was no need for it; it is unfair to come back and take it from them for the Sheriff; it makes them have to go back and do the whole thing over again; and it should have come to the Board to decide whether or not it wanted to give it to the Sheriff when it was already given to Crosswinds. Mr. Jenkins advised he understood the Board authorized Crosswinds to take the modular; after that action, he received a request from the Sheriff for the facility; he thought the County should take care of its needs first; so they placed it on the Agenda for the Board to consider, and came up with options for Crosswinds. He stated the north option was their preference because it gives them more space. Commissioner Higgs inquired if Crosswinds will come out ahead; with Mr. Berger responding yes. Commissioner Voltz stated they will not if they have to pay the $25,000; with Commissioner Higgs responding the motion is to put the cap on it so it will be a County expense. Mr. Jenkins stated if the Board authorizes staff to spend the money, they will do it internally. Commissioner O'Brien stated the motion is to give Crosswinds the bigger modular and have Facilities Management put the cap on it so they will get a complete unit and the Sheriff gets what he wants.

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

AMENDMENT TO AGREEMENT WITH BREVARD GUARDIANSHIP SERVICES, INC., RE: CASE MANAGEMENT AND GUARDIANSHIP SERVIVES FOR ELDERLY AND DISABLED RESIDENTS

Commissioner O'Brien advised Brevard Guardianship Services, Inc. is a community based organization; the Advisory Board is requesting an additional $1,000 to provide case management and guardianship services for two additional elderly or disabled residents; the Board discussed a matching program for CBO funds to provide for more services; and this is not a matching program. He recommended the Board follow its wishes, and if it is going to do matching, then match, and if there is nothing to match, then it should not vote for it.

Commissioner Higgs advised they are leveraging $5,000 with $18,000 to produce the results. Commissioner O'Brien stated now they want another $1,000. Commissioner Higgs stated three to one is a pretty good ratio.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Amendment to Agreement with Brevard Guardianship Services, Inc. for an additional $1,000 to provide case management and guardianship services for two additional elderly/disabled Brevard County residents. Motion carried and ordered unanimously.

APPROVAL OF CONTRIBUTIONS, RE: FOURTH OF JULY FIREWORKS DISPLAYS

Commissioner O'Brien advised the request is to approve contributions of $1,000 each for fourth of July fireworks displays sponsored by the Cities of Melbourne and Palm Bay, and by Port St. John and Titusville Junior Chambers of Commerce; the City of Cocoa requested the same thing for New Year's Eve which will be the millennium; and if this request is approved, he wants the Board to be aware of the City of Cocoa's request for funding.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve contributions of $1,000 each to the City of Melbourne, City of Palm Bay, Port St. John Junior Chamber of Commerce, and Titusville Junior Chamber of Commerce for fourth of July fireworks displays. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH IBM, RE: COMPUTER HARDWARE MAINTENANCE

Commissioner O'Brien advised the Board approved contracts yesterday; it had others three weeks ago and six weeks ago; and here is another one. He inquired how many different contracts concerning parts and pieces of the Information System does the County have.

Information and Communications System Director Gino Butto advised this contract is the host equipment, the main computers that support all the information systems; the Contracts from yesterday were supporting everything in the remote sites for all offices that connect to the equipment; the host contracts are mostly with IBM because it is only supported by IBM locally; and the reason it is in this situation is because IBM changed the terms and conditions at the last minute.

Commissioner O'Brien inquired if the Board has other contracts with IBM; with Mr. Butto responding no. Commissioner O'Brien inquired if the Board has contracts with UNIX; with Mr. Butto responding that is IBM, and there are others for different components. Commissioner O'Brien stated the Board is looking at contracts every month; and recommended the Agenda Report include a compilation of the contracts so they can look them up contract by contract to see if there are more than three or less than six. He commented there may be 12 separate contracts which concerns him.

County Manager Tom Jenkins advised yesterday the Board direction was to prepare a summary; staff is doing that from this day forward on any future computer software contracts that come to the Board; and they will have a tally sheet showing the big picture.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Amendment to Agreement with IBM, extending the period for 120 days to provide computer hardware maintenance until a new agreement can be finalized. Motion carried and ordered unanimously. (See page for Amendment.)

DISCUSSION, RE: GAS TAX RESOLUTION

Chairman Scarborough stated since the Board requested additional information on options on the gas tax issue and how to proceed, it may not be necessary for the County Attorney to prepare a resolution at this time as it may encompass a more complex layout; and recommended it be delayed at this time. County Attorney Scott Knox responded that is fine.

LETTER TO DEPARTMENT OF ENVIRONMENTAL PROTECTION ON OLEANDER POWER PLANT

County Attorney Scott Knox gave the Board copies of a letter to Department of Environmental Protection on the Oleander power plant project to be signed by the Chairman.

Attorney Leonard Spielvogel, representing the Oleander power plant, advised he does not have a problem with the grammar or construction of the letter, but has a problem with the contents because it is not accurate. He stated the people who are opposed to the power plant have a network system; it is not the advertisement that brought people out; it is the fact they have been in touch with each other; and the fact that there was a low attendance at this meeting is no reflection on the small print of the legal ad but because interest is waning so they did not have the kind of turnout they had earlier in this controversy. He stated the Board can take notice of the fact that they will round up as many people as they can for the next hearing; at the last hearing involving the vested rights issue, there were a lot of people in favor of the project and not as many opposed to it as they were earlier in the process; so he would like to think that the effort his client has made to educate the public has been paying dividends.

Mr. Spielvogel advised the fact that they had a small turnout at a Department of Environmental Protection meeting does not tell him that they could not read the ad; his problem with this letter is the weight and significance of what the Board writes, whether it has the authority to say yes or no, has the influence of the strength of its office; so it should be careful what it signs because it carries a lot of weight whether it is mandatory by law or not. He stated the letter indicates the Board is critical of the notice that was given and therefore people who turned out for the hearing do not properly reflect the feeling of the community. He stated it was a second hearing by Department of Environmental Protection; there have been objections filed; the matter is in administrative hearing now; there are three or four objectors; so it is not as though they were caught by surprise. He stated if someone came before the Board and said they were blindsided and time ran out in which they had a right to appeal the notice of intent to issue a permit, he would say that is valid to the argument; but they did not miss that date; there are a number who filed objections to the notice; and it is going through the hearing process. Mr. Spielvogel stated he is not saying a letter should not be sent; they talked about the County looking at it internally also; and it might be nice to give advice to the Department of Environmental Protection saying it ought to be more reader friendly in the notices it publishes, but he has a problem with the reflection upon his client and the fact there were not more people notified, indicating more people would have turned out in opposition.

Commissioner Voltz advised in the last two meetings on the Oleander project there were less than 30 people at the meetings against it, and the last meeting there were less than a dozen; there were more people in support of it; and the paragraph is supposition that because of the ad most people did not come out. She stated she cannot support that; the rest of the letter is fine; but that paragraph should be deleted.

Commissioner O'Brien stated he is pleased to hear the Board has influence in Tallahassee and if it writes a letter to Department of Environmental Protection, they will look on it as a powerful thing; and he wishes they thought that way about aquaculture and other things the Board has written them about. Mr. Spielvogel commented it reflects his respect for the Board.

Chairman Scarborough stated the letter is to reflect the feelings of the Board; and what it asked the County Attorney to do is prepare a letter, get it back to the Board, and share it with the people who have an interest.

Commissioner Carlson advised Clarence Rowe felt everybody did not see the publicized notice; that is addressed in the first, third and fourth paragraphs; the second paragraph seems to indicate the Board is going one way or another on that issue; and it is not fair. Chairman Scarborough inquired if Commissioner Carlson has a problem with the supposition; with Commissioner Carlson responding the third paragraph says, "However, when dealing with controversial public issues such as Oleander, it benefits all parties to maximize the opportunity for public participation." Chairman Scarborough inquired if the Board wants to delete the last sentence of paragraph 1 and paragraph 2 in its entirety, and add that members of the community brought to the Board's attention they did not feel there was proper and complete notice.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the letter to Department of Environmental Protection on the Oleander Power Plant project, deleting the last sentence in paragraph 1 and paragraph 2 in its entirety, and adding a comment that members of the community brought to the Board's attention that they did not feel there was proper and complete notice of the hearing. Motion carried and ordered unanimously.

ORDER DENYING VESTED RIGHTS APPLICATION OF CONSTELLATION POWER DEVELOPMENT CO., RE: OLEANDER POWER PLANT PROJECT

County Attorney Scott Knox advised the Order on the Oleander vested rights determination makes finding of fact and conclusion of law. Commissioner Voltz inquired why the Board did not do it earlier in the meeting; with Chairman Scarborough responding he wanted the Commissioners to have an opportunity to review it.

Attorney Leonard Spielvogel, representing Constellation Power Development Co., advised he has no comment on the content; and inquired when his appeal time runs; with Mr. Knox responding as soon as the Order is signed.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the Order of the Brevard County Board of County Commissioners denying the vested rights application of Constellation Power Development, Inc. to construct the proposed Oleander power plant project at 523 Townsend Road, Cocoa, Florida. Motion carried and ordered unanimously.

DISCUSSION, RE: PORT ST. JOHN EAST CONNECTOR ROAD

Chairman Scarborough advised staff gave him something dealing with the East connector for Port St. John; there were a number of meetings dealing with issues on lighting, etc.; there were high numbers on lighting so they decided lighting was not needed; but there needs to be a means to bring electricity out there. He stated it is a conduit issue; and inquired what are the two prices; with a staff member responding the first price would be to have the contractor who is constructing the interchange to lay pipes in trenches while they are working there; and the second price would be to go back at a later date and put pipes in by directional bore. Chairman Scarborough inquired it sounds easier and cheaper if they have the trench and open field; with staff responding it affects the contractor's work schedule and they see it as a cost to them and delay of their work. Chairman Scarborough inquired if staff recommends the second option, and if it is acceptable to the Board.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to go in at a later date and put pipes in by directional boring.

John Denninghoff stated the work would be performed later after the contractor is done and they will not interfere with his work schedule, but they would include that in the bid item to do that at a later date, so they do not need action now if the Board agrees with option 2.

Commissioner Scarborough withdrew the motion and Commissioner Voltz withdrew the second.

PUBLIC COMMENTS - MARLENE WATERS, RE: OLEANDER POWER PLANT

Marlene Waters stated she wants to address Attorney Spielvogel's comments on the people changing their minds or indicating the crowds have diminished on this issue; she does not believe the Board received a copy of the petitions that were signed early on in this process or those sent to Department of Environmental Protection by people who were opposed to the Oleander power plant; and submitted a copy to the Board. She stated there were 1,700 signatures; the Commissioners received 200 in their offices; and the people did not change their minds, but are just not at every meeting.

Upon motion and vote, the meeting adjourned at 3:19 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)