The Board of County Commissioners of Brevard County, Florida, met in regular session on April 28, 1998, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Dr. Gary Spencer, Suntree United Methodist Church, Melbourne, Florida.

Commissioner Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the Minutes of March 17, 24, and 26, 1998 Regular Meetings, as prepared. Motion carried and ordered unanimously.

DISPLAY, RE: COUNTY FLAG AND COUNTY SEAL

County Manager Tom Jenkins stated the Town of Melbourne Beach would like to display the County Flag and County Seal at its Founders Day event; and unless there are any objections, he will authorize it.

DISCUSSION, RE: ECO-TOURISM CONFERENCE

Commissioner Scarborough advised Dennis McGee showed the dynamics of the traveling public at the Eco-Tourism Conference; the idea is to reach beyond defining what is here and asking the primary question of why people travel; and there is an evolution occurring where people are traveling for more deeper meanings than just going to a theme park. He stated Mr. McGee is the Marketing Director for the State of Florida; and it is great to have the people from Tallahassee who are running the marketing program for the State identify Brevard County as a niche that will keep visitors coming back.

Commissioner O'Brien stated approximately two years ago he did not support eco-tourism, but it is a billion dollar industry; and Brevard County is prime to invite tourists here who want to go to the beach one day and walk through Kennedy Space Center another day. He noted 72 people

DISCUSSION, RE: ECO-TOURISM CONFERENCE

attended the conference at Brevard Community College; more than half of them were travel agents and associates; and the County is purchasing EELS property which it exhibits and allows tourists to walk through.

Commissioner Scarborough stated the Watchable Wildlife Conference will be May 19 through 21, 1998 on Cocoa Beach; and it may be one of the key cornerstones which will create a tremendous amount of Statewide marketing for the County. He stated he plans to attend the Conference; and requested the County Attorney advertise the meeting in case the Commissioners want to attend.

Commissioner O'Brien stated eco-tourism to Brevard County is very important; it is a $500 million industry to the County; hopefully it can bring another $100 million; and it may be another $23 million in tourist taxes to collect and utilize for projects around the County.

REPORT, RE: BEACH RESTORATION FUNDS

Commissioner O'Brien stated the County's efforts, in cooperation with the State Legislators and the County's lobbyist Guy Spearman, have resulted in an award to Brevard County of $4,850,000 in State funds for beach restoration; it matches the same amount from the tourist tax that will be contributed locally; and the total for beach restoration should be over $19 million. He noted on April 21 and 22, 1998, he was in Washington, D.C.; Dr. Steinburg, his wife Naomi, and Malcolm McLouth were also there; Dr. Steinburg is one of the top environmental engineers and is retired from the Corps of Engineers; and they met with Dan Deluck. He stated the meeting was about the Subcommittee on Transportation and Infrastructure; they discussed all the reasons why the Brevard County project should be treated the same as many other projects before it; the Corps has removed the recommendation for mitigation of damages caused by the federal inlet at Port Canaveral; instead of the 75% recommendation, the County is at the bottom line 50% of its cost share; and they adamantly opposed such an insult to Brevard County. Commissioner O'Brien stated they are requesting Congress and the Senate to approve 75% as a federal cost share for the Brevard County project; they attended the Water Resources Environmental Board meeting to hear Congressman Dave Weldon present his speech on the Brevard County Beach Protection Project; and he deserves commendation for his continued commitment in support of the County's project.

REPORT, RE: COMMENDATIONS

Commissioner Higgs stated County Manager Tom Jenkins and Assistant Public Works Director Ed Washburn have been recognized by the Governor of Tennessee; it is an honor for them; and presented two plaques from Governor Sunquist of Tennessee to Messrs. Jenkins and Washburn.

DISCUSSION, RE: REVIEW OF CONTRACTS BY COUNTY ATTORNEY'S OFFICE

Commissioner Cook inquired are all contracts in the agenda package reviewed by the County Attorney's Office; with County Attorney Scott Knox responding for the most part they are. Commissioner Cook inquired if it is possible to have a block to check off that the contract has been reviewed by the County Attorney's Office; with Attorney Knox responding affirmatively.

DISCUSSION, RE: TRASH BASH '98

Commissioner Cook stated Trash Bash '98 was held on April 25, 1998; District 4 organized two registration sites, one at Lee Wenner Park and the other at Cocoa West Community Center; there were 158 volunteers that collected 189 bags of trash which translates to 3,780 pounds of trash; the volunteers worked a total of 432 man hours; and the sites were organized by site captains Rick Dingus, and tri-captains Jack Masson, Henry Minneboo and Shelly Gardner. He expressed appreciation to the many volunteers who donated their time to help make the community a better place.

Chairman Voltz stated she also participated in Trash Bash; it was very successful; and there was a greater turnout this year than last year.

REAPPOINTMENT, RE: HEALTH FACILITIES AUTHORITY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reappoint Mike Means, H247 Devereux Drive, Ste. 103, Melbourne, Florida 32901, to the Health Facilities Authority, with term expiring January 1, 1999. Motion carried and ordered unanimously.

APPOINTMENT, RE: COMMUNITY BASED ORGANIZATION FUNDING ADVISORY BOARD Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Sally Stephen, 1934 Orleans Drive, Melbourne, Florida 32903, to the Community Based Organization Funding Advisory Board replacing Norma Savell, with term expiring January 1, 1999. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING MICHAEL CICERELLA

Chairman Voltz read aloud a resolution commending Michael A. Cicerella for his service to Brevard County, and wishing him happiness during his retirement; and presented the resolution to Mr. Cicerella.

RESOLUTION, RE: COMMENDING MICHAEL CICERELLA

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Michael A. Cicerella for his service to Brevard County, and wishing him success and happiness during his retirement. Motion carried and ordered unanimously.

Michael Cicerella stated after over 26 years, he is leaving a lot of friends, but not behind; he has had a lot of experiences; it is time to do something else and pursue other interests; and he has enjoyed the 26 years and is looking forward to spending more time with his family.

RESOLUTION, RE: COMMENDING BEVERLY SUTPHIN

Chairman Voltz read aloud a resolution commending Beverly Sutphin for her dedication to the citizens of Brevard County; and presented the resolution to Ms. Sutphin.

Beverly Sutphin expressed appreciation to the Board for the Resolution.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Beverly Sutphin for her dedication to the citizens of Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING BETA SIGMA PHI DAY

Commissioner O'Brien read aloud a resolution proclaiming April 30, 1998 as Beta Sigma Phi Day; and presented the resolution to Mary Desch.

Mary Desch expressed appreciation to the Board for the recognition.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution proclaiming April 30, 1998 as Beta Sigma Phi Day, and asking that Beta Sigma Phi Sisters everywhere join in saluting Beta Sigma Phi Day. Motion carried and ordered unanimously.

AUTHORIZATION, RE: REMOVAL OF UNSAFE STRUCTURE AT 695 NEWFOUND HARBOR DRIVE, AND GUARDIAN FOR JOHN W. MOOREHEAD

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize the Building Official to proceed with ordering removal of the unsafe structure located at 695 Newfound Harbor Drive, Merritt Island; and authorize the County Attorney's Office to petition the court to appoint a guardian for John W. Moorehead, if necessary. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SEA GATE WEST, UNIT III

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant final plat approval for Sea Gate West, Unit III, subject to minor changes and receipt of all documents required for recording, and with the developer responsible for obtaining all other jurisdictional permits. Motion carried and ordered unanimously.

AMENDED FINAL PLAT APPROVAL, RE: HOLIDAY SPRINGS AT SUNTREE

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant amended final plat approval for Holiday Springs at Suntree, subject to minor changes and receipt of all documents required for recording, and with the developer responsible for obtaining all other jurisdictional permits, replacing the final plat approval of March 24, 1998. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH JOEL AND PENNY KNOWLES, RE: PONDEROSA ROAD

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Unpaved Road Agreement with Joel and Penny Knowles for a building permit off Ponderosa Road, an existing County right-of-way constructed to the standards of the Unpaved Road Ordinance No. 97-02. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH RICHARD SCOTT, RE: SAPLING AVENUE

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Unpaved Road Agreement with Richard Scott for construction of a road in existing County right-of-way to the standards of the Unpaved Road Ordinance No. 97-02, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

ACCEPTANCE OF RIGHT-OF-WAY DEED FROM LENNAR HOMES, INC., RE: CARRIAGE HILL ROAD IN MANDARIN LAKES SUBDIVISION, UNIT 2

Motion by Commissioner Higgs, seconded by Commissioner Cook, to accept Right-of-way Deed from Lennar Homes for 600.06 square feet of right-of-way for Carriage Hill Road in Mandarin Lakes Subdivision, Unit 2. Motion carried and ordered unanimously.

PERMISSION TO INSTALL RE-USE WATER LINES, RE: BREVARD COUNTY GOVERNMENT COMPLEX-NORTH

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve installation of re-use water lines in Titusville from DeLeon Avenue to the Brevard County Government Complex-North. Motion carried and ordered unanimously.

RESOLUTION, BILL OF SALE, AND EASEMENT WITH CITY OF COCOA, RE: COCOA BEACH PUBLIC LIBRARY WATERLINE

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution pursuant to Section 125.38, Florida Statutes, authorizing the transfer of a property interest in County property; providing for conditions upon transfer; providing for an effective date; and execute Bill of Sale and Waterline Easement with the City of Cocoa for permanent utilities at the new Cocoa Beach Public Library. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH PAVCO CONSTRUCTION, INC., RE: EAU GALLIE PUBLIC LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Change Order No. 2 to Agreement with PAVCO Construction, Inc., increasing price by $26,569.34 for the Eau Gallie Public Library. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH PAVCO CONSTRUCTION, INC., RE: COCOA BEACH PUBLIC LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Change Order No. 2 to Agreement with PAVCO Construction, Inc., increasing price by $2,761.33 for Cocoa Beach Public Library. Motion carried and ordered unanimously.

PERMISSION TO SEEK PROPOSALS, AND APPOINT SELECTION COMMITTEE, RE: ADVERTISING AND PUBLIC RELATIONS AGENCY

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant permission to seek proposals for an advertising and public relations agency for the Office of Tourism Development; and appoint the TDC Marketing Committee as the Selection Committee. Motion carried and ordered unanimously.

AGREEMENT WITH BRUCE NIERENBERG AND ASSOCIATES, RE: CONSULTING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Agreement with Bruce Nierenberg and Associates for consulting services to increase inbound international air traffic and cruise passengers into the County. Motion carried and ordered unanimously.

APPROVAL OF AMENDMENT TO POLICY, RE: DEMOLITION AND CLEARANCE PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Amended Policy for the Demolition and Clearance Program, to update the currently eligible areas and to reduce the time period in which a structure must be vacated before consideration for the Program. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH TITUSVILLE ROTARY CLUB, INC., RE: DEVELOPMENT OF ROTARY RIVERFRONT PARK

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Amendment to Agreement with Titusville Rotary Club, Inc. for development of Rotary Riverfront Park. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH VAN POOL SERVICES, INC., RE: LEASE OF VANS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Lease Agreement with Van Pool Services, Inc. for provision of two leased vans for District 1 from May 20, 1998 through August 7, 1998. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH BREVARD VETERAN'S COUNCIL, INC., RE: VETERANS MEMORIAL PARK

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution pursuant to Section 125.38, Florida Statutes, authorizing the leasing of buildings to a not-for-profit corporation; providing for an effective date; and execute Lease Agreement with the Brevard Veterans Council, Inc. for use of Veterans Memorial Park in Merritt Island. Motion carried and ordered unanimously.

APPROVAL, RE: ELIMINATION OF BEACH PARKING FEES

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve revision of the Parks and Recreation Department Fee Schedule to eliminate parking fees for beach parks effective May 1, 1998. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF EDUCATION, RE: SUMMER FOOD SERVICE PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Agreement with Florida Department of Education for the Summer Food Service Program in Districts 1, 2 and 4. Motion carried and ordered unanimously.

COST SHARE AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, AND BUDGET CHANGE REQUEST, RE: CONSTRUCTION OF RESTROOM FACILITIES AT LAKE WASHINGTON PARK

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Cost Share Agreement with St. Johns River Water Management District for construction of restroom facilities at Lake Washington Park; and approve Budget Change Request for the project. Motion carried and ordered unanimously.

APPROVAL OF PARK DESIGN FROM CITY OF PALM BAY, RE: CASTAWAYS POINT PARK

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve the park design for Castaways Point Park submitted by the City of Palm Bay. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH VPSI, INC., RE: VANPOOL MANAGEMENT

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Amendment to Purchase of Service Agreement with VPSI, Inc. for vanpool management, extending the Agreement to October 30, 1998. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH DANIEL S. PLATT, RE: ACCESS TO CENTRAL DISPOSAL FACILITY OFFSITE MITIGATION AREA

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Contract For Sale and Purchase and Addendum with Daniel S. Platt for 16.132 acres of land to provide permanent access to the Central Disposal Facility Offsite Mitigation area for maintenance and drainage purposes. Motion carried and ordered unanimously.

TASK ORDER NO. 97-02 WITH HDR ENGINEERING, INC., RE: ENGINEERING SERVICES FOR SITING OF FUTURE PALM BAY TRANSFER STATION

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Task Order No. 97-02 with HDR Engineering for engineering services in the siting of a future Palm Bay Transfer Station at a cost not to exceed $98,000. Motion carried and ordered unanimously.

WAIVER OF BID REQUIREMENT AND PERMISSION TO PURCHASE, RE: REBOUND AND EQUESTRI-FOOT

Motion by Commissioner Higgs, seconded by Commissioner Cook, to waive bid requirement, and approve purchase of REBOUND from American Tire Recyclers at $64,600 for reconstruction of the athletic fields at Rockledge Park and South Merritt Island Little League, and Equestri-FOOT at $23,930 for surfacing of the horse arena at the Wickham Park main show ring. Motion carried and ordered unanimously.

WAIVE BID REQUIREMENT AND ACCEPT PROPOSAL OF BEAVER AND SON PALLETS, RE: PURCHASE OF WASTE PALLETS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve waiver of bid requirement, and execute Proposal Acceptance with Beaver and Sons Pallets for purchase of waste pallets disposed at the County's Solid Waste Disposal Facilities at $.25 per pallet. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING ARTICLE V, COURT COSTS INITIATIVE BY FLORIDA ASSOCIATION OF COUNTIES

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution supporting Article V Initiative by the Florida Association of Counties. Motion carried and ordered unanimously.

APPOINTMENT, RE: COCOA WEST COMMUNITY CENTER ADVISORY COMMITTEE

Motion by Commissioner Higgs, seconded by Commissioner Cook, to appoint Brittennia Hart, 3727 Brockington Circle, Cocoa, Florida 32926, to the Cocoa West Community Center Advisory Committee replacing Curbie Winn, with term expiring December 31, 1998. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAT OF JUNE PARK - ELIZABETH R. PULLIAM

Chairman Voltz called for the public hearing to consider resolution vacating right-of-way in Plat of June Park, as petitioned by Elizabeth R. Pulliam.
There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution vacating right-of-way in Plat of June Park, as petitioned by Elizabeth R. Pulliam. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT TAX ABATEMENT TO SUTTON PROPERTIES ON BEHALF OF TEC CELLULAR, INC.

Chairman Voltz called for the public hearing to consider ordinance granting economic development tax abatement to Sutton Properties on behalf of TEC Cellular, Inc.

Commissioner Higgs requested the Economic Development Director explain the item so it is clear the ordinance is for TEC Cellular, Inc.

Economic Development Director Greg Lugar stated TEC Cellular, Inc. is having a building custom made for its operations in Melbourne by Sutton Properties; Sutton Properties is the owner and developer of the particular facilities; however, the way the ordinance is structured, the benefitting company will be TEC Cellular, Inc. and Sutton Properties will be identified on the Property Appraiser's roll.

Commissioner Higgs inquired if TEC vacates the property, the benefit will not accrue to Sutton Properties, but only to TEC Cellular, Inc.; with Mr. Lugar responding affirmatively.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT TAX ABATEMENT TO SUTTON PROPERTIES ON BEHALF OF TEC CELLULAR, INC.

Commissioner O'Brien stated TEC pays $37,000 annually to most of its employees; it anticipates increasing its work force by 89 employees; and it is showing the capability of economic development in Brevard County.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Ordinance granting an economic development ad valorem exemption to Sutton Properties on behalf of TEC Cellular, Inc., specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by TEC Cellular, Inc.; providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING EMERGENCY MEDICAL SERVICES ORDINANCE FOR FIRST RESPONDER PROGRAM

Chairman Voltz called for the public hearing to consider ordinance amending Emergency Medical Services Ordinance for First Responder Program.

County Manager Tom Jenkins stated the Board approved the item previously, but it did not get to Tallahassee within the 10-day time frame.

Commissioner Cook stated this allows the money that the County set aside to reimburse the cities which had never been done before until it was put in last year.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Ordinance amending Chapter 42, Article III, Emergency Medical Services, Code of Ordinances of Brevard County, Florida; amending Section 42-71, Definitions of Emergency Medical Services and EMS Special Assessment to include the First Responder Program and adding a definition of First Responder Program; providing all other provisions not amended as effective; providing for an effective date.
Motion carried and ordered unanimously.

PUBLIC HEARING, RE: DETERMINATION OF VESTED RIGHTS FOR TRACTS 70 AND 71, SUNTREE PUD

Chairman Voltz called for the public hearing to consider determination of vested rights for Tracts 70 and 71, Suntree PUD.

PUBLIC HEARING, RE: DETERMINATION OF VESTED RIGHTS FOR TRACTS 70 AND 71, SUNTREE PUD

Commissioner Cook stated he reviewed the site yesterday; it is lowering the densities and it is less development under the new Plan; and it will be a private marina.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to grant vested rights for the Preliminary Development Plan's (PDP) 64 units and yacht club/marina approved in 1975 as part of the Suntree PUD; and grant amendment to the vested PDP allowing 21 residential units and a residential dock for use by the residences. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPROVAL OF UPDATED VERSIONS FOR POTABLE WATER, HOUSING AND SANITARY SEWER ELEMENTS OF THE COMPREHENSIVE PLAN

Chairman Voltz called for the public hearing to consider approval of updated versions for Potable Water, Housing and Sanitary Sewer Elements of the Comprehensive Plan.

Commissioner Cook inquired are the changes relatively minor in nature; with Planning Manager Mel Scott responding the changes staff has made to the Housing Element and the Potable Water Element represent minor and updated changes that reflect new organizations in place and current operating procedures. Mr. Scott noted there is an exception to the Sanitary Sewer Element.

Commissioner Higgs stated there are significant changes to the Sanitary Sewer Element that need to be discussed. Commissioner Cook requested Mr. Scott give a brief overview of the Element.

Mr. Scott stated changes to Policy 2.5 represents a policy shift in that it re-introduces the package treatment plant as a viable alternative to septic tanks; staff has deleted the escrow account requirement for future connection charges; and those are the most significant changes to the Sanitary Sewer Element.

Commissioner Cook inquired why is it being proposed; with Mr. Scott responding it was discussed as part of the Evaluation and Appraisal (EAR) Report, and staff is following through on it. Mr. Scott advised in 1989, there were problems identified with package treatment plants; staff found it appropriate to re-analyze such plants in certain situations; the escrow requirement that was put in place in 1989 had the affect of prohibiting package treatment plants from being built; and the County has not approved one since that time. He noted septic tanks have taken a prominent roll in development; and perhaps it is time to re-analyze the appropriateness of package treatment plants in certain situations.

Chairman Voltz stated it will reduce the number of septic tanks in use; with Mr. Scott responding it could.

PUBLIC HEARING, RE: APPROVAL OF UPDATED VERSIONS FOR POTABLE WATER, HOUSING AND SANITARY SEWER ELEMENTS OF THE COMPREHENSIVE PLAN

Commissioner Higgs expressed concern about the shift in policy because of the problems in the County with package plants and the later massive problems when trying to hook up a neighborhood to the central sewer. She stated by deleting the escrow account, people will be significantly impacted by the cost of the hook ups; and she cannot support the broad change that is proposed, as it is not wise to totally delete the escrow condition.

Commissioner Scarborough stated the package plant will allow the County greater control and monitoring than having a proliferation of the septic tanks; however, when developer owned and operated package plants are not in compliance, it becomes the taxpayers' problem; he has seen it occur with water retention areas; and he is not happy moving to a package plant unless it is going to be operated responsibly and correctly because ultimately the Brevard County taxpayer is going to pay the price. He noted while there can be septic tank failures, it is the concentration of the sewerage that creates the real disaster; the County will be responsible to handle the problem; and recommended if there is going to be package plants, they be built to County specifications and operated by it. He stated it should be under the County's control; to give up control is not being responsible; and he cannot support the current format, but would like to consider package plants in a revised form.

Commissioner Cook stated he is not sure if the current policy needs to be changed and he is not willing to vote for any change in the policy today. He noted package plants can be risky; if they are not run and monitored correctly, they can be dangerous; and the County running them is not a good option either, as it would be an additional expense to the taxpayer. He suggested the escrow account be maintained and the Board keep the current policy. Commissioner Scarborough stated if it is set up as a separate enterprise fund where the people of the development were totally responsible for the cost, it would insulate others from the cost.

Commissioner Higgs expressed concern about how they are structured and operated in the long run; stated she has seen negative situations when they are not run properly; and she is not sure whether or not the County ownership and an enterprise fund are acceptable alternatives, but she is willing to review it. She advised Policy 3.19 states, "When a private sanitary sewer facility is phased out and connected to the County's sewer system, the cost of the connection to the system, including impact fees may be encouraged solely by the owner or shared by the County"; and that is internally inconsistent. She stated Policy 4.4 is inconsistent with Policy 3.19 which says the new growth pays its fair full share of the total infrastructure improvements; and she hopes when it comes back that it is internally consistent.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to table updated version of the Sanitary Sewer Element until July 14, 1998 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPROVAL OF UPDATED VERSIONS FOR POTABLE WATER, HOUSING AND SANITARY SEWER ELEMENTS OF THE COMPREHENSIVE PLAN

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to approve updated versions of the Potable Water and Housing Elements of the Comprehensive Plan. Motion carried and ordered unanimously.

DISCUSSION, RE: SETTLEMENT WITH USTLER/FAGAN, INC. FOR DON OLSON TIRE STORE

County Attorney Scott Knox stated Ustler/Fagan, Inc. has made an additional request for $7,752 in order to settle the lawsuit; and the total amount is $42,752.23.

Commissioner Cook inquired has any additional documentation been received on the expenses. Attorney Knox stated the Board had asked if the $7,752 was a reasonable fee based upon the amount of time expended on it; he has reviewed it; they have had to protect their interests by filing a petition for writ certiorari because there is a 30-day time limit on it; and they filed it last Friday. He noted it took a lot of effort to complete; and they probably expended more than $7,752. Commissioner Cook stated the original offer was a good one, but he is willing to make a counteroffer of $38,000.

Motion by Commissioner Cook, to make a counteroffer of $38,000 to Ustler/Fagan, Inc. concerning Don Olson Tire Store. Motion died for lack of a second.

Commissioner Scarborough stated he does not have a problem putting this issue behind and being fair; there is a clear case that the wrong information was provided and there were things that progressed afterward; and there was a mistake made by the County.

Chairman Voltz inquired has Attorney Knox spoken with Ustler/Fagan concerning what would happen if the County does not accept their offer; with Attorney Knox responding he has the lawsuit that was filed which the County will have to respond to, it is probably the first part of the lawsuit, and they may also file a damage claim.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to accept settlement offer made by Ustler/Fagan in the amount of $42,752.23. Motion carried and ordered; Commissioner Cook voted nay.

RESOLUTION, RE: CONSIDER TAX ABATEMENT APPLICATION OF ALPHATECH SYSTEMS, INC.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution on behalf of Alphatech Systems, Inc. that qualifies such Company as an eligible business under the County's Tax Abatement Program; and authorize advertisement of a public hearing to consider adopting an exemption ordinance. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: PALMETTO DRIVE

Commissioner Higgs inquired if Chairman Voltz supports the speed hump request; with Chairman Voltz responding negatively.

Assistant Public Works Director Ed Washburn stated the applicant could not attend the meeting today and requested the item be rescheduled for May 12, 1998.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table speed hump request for Palmetto Drive until the May 12, 1998 Board meeting. Motion carried and ordered unanimously.

APPROVAL, RE: REQUEST FOR SIX-MONTH EXTENSION TO COMPREHENSIVE PLAN UPDATE PROCESS

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Chairman to sign correspondence to the Department of Community Affairs requesting a six-month extension to the Comprehensive Plan Update process, as provided for by Florida Statute. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - ANTHONY INFANTINI, RE: CHANGE DEFINITION FOR SNACK BAR RESTAURANT UNDER BU-1-A

Anthony Infantini stated he has been before the Board previously concerning a commercial building in the South Beaches; and requested a change in the Ordinance from allowing 30 seats to 49 seats in a restaurant located in a BU-1-A zoning. He noted in 1984, they were approved for a restaurant and paid the appropriate impact fees; the State inspector recently cited the tenant for having 47 seats instead of 24; the Health Department said he must increase the septic tank and drainfield to accommodate more seats; and he is requesting an additional 19 seats, without changing the septic tank or drainfield requirements. He noted his tenant is only averaging 100 gallons per day versus 2,000 gallons per day used at full service restaurants; the County does not discriminate between uses and puts the same use for McDonalds as it would if someone was serving pastries and tea; and the change will mean more jobs in the South Beaches and other places.

PERSONAL APPEARANCE - ANTHONY INFANTINI, RE: CHANGE DEFINITION FOR SNACK BAR RESTAURANT UNDER BU-1-A

Commissioner Higgs stated the change in BU-1-A is Countywide; and recommended having a report from staff as to the implications, but is not sure what her final position on the issue will be.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to report back to the Board on the implications of changing the definition for snack bar/restaurant under BU-1-A zone to increase seating from 30 to up to 49 seats. Motion carried and ordered unanimously.

RESOLUTION, RE: INITIAL ASSESSMENT FOR BROOKSIDE DRIVE/PUESTA DEL SOL CANAL DREDGING MSBU

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt an Initial Assessment Resolution ordering the acquisition and construction of assessable improvements consisting of canal dredging, all within the unincorporated area of Brevard County, Florida, District 5, known as the Brookside Drive/Puesta Del Sol Canal Dredging Municipal Service Benefit Unit; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; notice of the Board's intent to impose the assessments; determining real property abutting upon or adjacent to said assessable improvements will be specifically benefited by the construction of said improvements; determining the cost of said improvements and the portion to be assessed against specially benefited abutting or adjacent real property; determining and providing for the manner and method of computing such special assessments; providing for the publication of this Resolution; and providing an effective date. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING AND RESOLUTION, RE: PRELIMINARY ASSESSMENT ROLL FOR BROOKSIDE DRIVE/PUESTA DEL SOL CANAL DREDGING MSBU

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission to advertise public hearing for May 12, 1998 to consider confirming preliminary assessment roll; and adopt Resolution acknowledging preparation of the preliminary assessment roll for the Brookside Drive/Puesta Del Sol Canal Dredging Municipal Service Benefit Unit; fixing the time and place at which owners of the property to be assessed may appear before the Board of County Commissioners of Brevard County, Florida, and be heard; providing for notice in writing to be given to the property owners to be assessed; providing for the publication of said notice; and providing an effective date. Motion carried and ordered unanimously.

CERTIFICATE OF PARTICIPATION, RE: DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM FUNDS FOR FY 1999

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Certificate of Participation for federal grant funding allocated to Brevard County to allow coordination of FY 1998-99 proposed project applications for the Drug Control and System Improvement Program. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING APPROVAL OF TEC CELLULAR, INC. AS QUALIFIED TARGET INDUSTRY BUSINESS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution recommending TEC Cellular, Inc. be approved as a Qualified Target Industry Business and the necessary commitment of local financial support for the Qualified Target Industry business for the Qualified Target Industry Tax Refund Program be waived and matched through Brevard County's Ad Valorem Tax Abatement Program. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - LEONARD CARTER, RE: REQUEST FOR ASSISTANCE IN OBTAINING FACILITY SITE FOR SCES ORGANIZATION

Leonard Carter, representing Special Care Educational Services (SCES) Organization, Inc., stated the mission of SCES is to serve the children of Brevard County with special needs to fulfill the void that is currently existing, while fulfilling their full potential; he has a son with cerebral palsy and was in need of services; after looking throughout the County, there was a void of services; and the void remains prevalent. He noted he has spoken with Commissioner Higgs concerning assistance in obtaining a facility site for the SCES Organization; there are over 60 families registered with the Organization; there are many more in need; his inspiration for getting this Organization going is his son; and he empathizes with other parents and their children who lack these services. Mr. Carter stated something needs to be done; there are limited funds available under the Charter School proposal for a facility; but the children have special needs and care; and with assistance in obtaining a facility, they can devote more funds to the children's care.

Commissioner Higgs stated she met with Mr. Carter on a couple of occasions; it is what the Board's philosophy is in terms of property; it has cooperated with agencies, including Broken Glass and the Alzheimer's Association; and there seems to be a careful progression toward the use of County property or long-term leases.

Commissioner O'Brien stated the State allowed the creation of charter schools; the School Board has the responsibility to furnish facilities as they approve the schools; it is not the County's responsibility to come up with facilities for a school; and if the School Board does not do that, it should not allow the creation of charter schools.

PERSONAL APPEARANCE - LEONARD CARTER, RE: REQUEST FOR ASSISTANCE IN OBTAINING FACILITY SITE FOR SCES ORGANIZATION

Commissioner Higgs stated the Board should not get involved until it can see the kinds of linkages with other groups it is currently working with, such as the Child Care Association, H.O.P.E. Center, groups in the Community Based Organization (CBO), the ARC, and other organizations; and until those linkages are formed, it is not a point at which the Board should move forward. She noted she has concern about entering into contracts for use of County property in light of the experience it recently had; and Mr. Carter's organization needs to build the bridges, get the linkages with other organizations involved and demonstrate that the community is working together to meet the needs, rather than the Board. She suggested Community Services Administrator Don Lusk meet with Leonard Carter concerning further examination of linkages with other groups the County is currently working with and has established funding.

The meeting recessed at 10:27 a.m. and reconvened at 10:45 a.m.

AGREEMENT WITH CITY OF MELBOURNE AND SPACE COAST EMERGENCY MEDICAL SERVICES, P.A., JOHN R. MCPHERSON, RE: UTILIZATION OF COUNTY'S MEDICAL DIRECTOR

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Agreement with City of Melbourne and Space Coast Emergency Medical Services, P.A. for the utilization of Brevard County's Medical Director. Motion carried and ordered unanimously.

DISCUSSION, RE: SCRUB JAY HABITAT CONSERVATION PLAN QUESTIONS

Commissioner Scarborough stated there are issues the Board should define as a group and then proceed with contested items, rather than continuing to discuss a mass of information that may not be as relevant; and he would like questions today and not necessarily answers.

Margaret Broussard, representing Friends of the Scrub, stated the Board has the opportunity to try to insure that the Florida scrub jay will still be in Brevard County well into the future; and without some kind of Habitat Conservation Plan (HCP), that is not going to happen.

Laurilee Thompson, representing Dixie Crossroads, discussed the Great Florida Birding Trail which is sponsored by the Florida Game and Freshwater Fish Commission, Florida Audubon Society, Partners in Flight, various businesses along the trail, and county governments. She stated

DISCUSSION, RE: SCRUB JAY HABITAT CONSERVATION PLAN QUESTIONS

Brevard County is going to be an anchor for the Birding Trail; it will be a great boom to the tourism in Brevard County; and one of the most sought after birds that bird watchers want to add to their life list is the Florida scrub jay. She noted Brevard County has the largest population of scrub jays in the world; and it is missing out on an opportunity to market the fact that it has the scrub jay and can get the tourism dollars in for the businesses and citizens.

Bart Reiter stated he lives on Martesia Way in Indian Harbour Beach; once the roads were put in the neighborhood, the U.S. Fish and Wildlife Service stopped issuing building permits; and his parents and he chose it as the site of their dream home. He noted his parents' financial situation changed; it took from 1991 until mid-1993 before they were able to break ground; and if the homes the Commissioners were living in now had to go through the same scrutiny they had to, it may be a different story. He inquired why does the County want to pick on them, and why is it "Do as I say, not as I do"; and the Board cannot make rules and then not be accountable for them. Mr. Reiter noted yesterday's Brevard Insider stated, "The Brevard Office of Natural Resources Management had a survey of birds in the most critically threatened area which was Port St. John. When the results came out, it showed that scrub jays in the most built up part of Port St. John were three to four times as prolific as those scrub jays in untouched pristine areas." He stated it was never printed and published in Florida TODAY; and he is here to say enough is enough.

Sandra Bressler, representing Ace of Hearts Ranch, stated people contact the Ace of Hearts Ranch from all over the United States; they want to come to Brevard County because it has beautiful areas to see scrub jays, eagles, indigo snakes, gopher tortoises, and other things that are endangered; if the County does not have some kind of plan that can protect them, the people will go somewhere else; and requested the Board's support.

Julie Harrison, representing Partnership for Sustainable Future, stated the Partnership has three questions, as follows: (1) How accurately can the total EEL and CARL contributions to a Scrub Jay Habitat Reserve be predicted, what factors limit the accuracy of those predictions, and can the EEL and CARL scrub purposes alone, if they are properly managed, insure the viability of the three scrub jay populations on the Brevard County mainland; (2) How would the SCDP facilitate the location of new businesses in Brevard County and how would the Plan affect Brevard's economy and economic impact; and (3) Who benefits from the SCDP and who would be hurt by it, if anyone, and why." She stated the Partnership needs to know the answers to those questions before it dismisses the Plan.

Wes Hoaglund, representing City of Titusville, stated there is a current cloud on all development on property that has scrub habitat; the only way to remove it is by adopting a Habitat Conservation Plan; and there are win-win opportunities out there. He advised the requirements of the Endangered Species Act are the preservation of the species; it is not the preservation of each local sub-population; man and wildlife can and must co-exist and thrive together; and recommended the Board consider completing a Habitat Conservation Plan, invite other counties to join Brevard County's effort and create a wonderful system of habitat hubs linked with trails and green ways that preserve a diverse wildlife, and provide for the education, recreation and enjoyment of the citizens and visitors.

DISCUSSION, RE: SCRUB JAY HABITAT CONSERVATION PLAN QUESTIONS

Carl Signorelli, representing Concerned Citizens of Property Rights, stated he is a friend of the scrub jay; from 1956 to 1981, he used to share his lunch with the scrub jay; they never moved from the missile base; the bird will cohabit with people; and they are not endangered. He noted there are presently over 57,000 homeless people in the State of Florida; homeless resources are lacking in Brevard County; there are over 40,000 people, mostly seniors, who cannot afford medicine or medical aid; and the scrub jay plan calls for $90 million and acquiring 9,400 acres with an annual maintenance cost of $2,500,000. He stated he would like to challenge the U.S. Fish and Wildlife Service to come up with equal funding for preservation of man, then Brevard County will submit similar funding for the scrub jay.

Dick Gregory stated 450,000 acres in Brevard County are vacant; 54% of the property is off the tax rolls; there is enough property off the tax rolls and vacant property in the County that can take care of the scrub jay; and he is overburdened by permits now.

Dolores Kane inquired can Brevard County take whatever is left in the EELS Program to buy more scrub property; and suggested tracts over two acres identified as scrub habitat be kept in its natural state with a rate of 10% of the owner's property given over to the scrub. She noted as incentive to compensate the owners according to the Fifth Amendment of the Constitution, 10% could be deducted from the annual ad valorem taxes; the same option could be given to those with less than two acres, but it not be required to get a building permit; and the County could provide for a $200 per acre permitting fee that would be kept in the scrub trust fund for upkeep of the scrub. She stated the U.S. Fish and Wildlife Service could monitor the habitat; many of the scrub jays have been lost because of the household cat; if any other funds become available from the State, the County could purchase additional land; and any core area should be accessible to the public. Ms. Kane stated if the U.S. Fish and Wildlife Service does not like the plan, since it is a federal entity and its orders could be a mandate, it can purchase what else it needs; mitigation is a form of extortion, illegal, and a violation of the Fifth Amendment; and the Board should fight it.

Viktor Rudnizk stated he has scrub jays on his property; scrub jays love people; they do not need their own land and they settle down where the people are; and they are not an endangered species. He noted there is no money for the schools, juvenile crime, or the elderly; it is very sad that there is no money for children, but there is money for scrub jays.

Lillian Banks stated the scrub plan talks about the $90 million that will come out of Brevard County citizens' pockets; if the scrub lands were so important, the funds for the EELS Program should have been spent only on scrub property; the St. Johns River Water Management District is busily buying land and flooding a great portion of what it cannot buy; and mitigation means that individuals get to pay for the land that they own to use it. She inquired where does it end for the taxpaying citizens of Brevard County; stated the birds, animals and native plants are an excuse to take the lands; it is government grant grabbers; 14 other counties received the same letter from U.S. Fish and Wildlife Service and they are not rushing forward with a plan; and inquired why does Brevard County have to be the first up to bat.

DISCUSSION, RE: SCRUB JAY HABITAT CONSERVATION PLAN QUESTIONS

Priscilla Griffith, representing League of Women Voters, stated the fate of the scrub jay habitat and the scrub jay in Brevard County rests upon a political decision which will be made by the Board acting as trustees for the natural resources of Brevard; the scrub jay is one of the most thoroughly researched birds in the world; the scientists who did this research have determined what is needed to keep Brevard's population one of only three viable ones in Florida, and therefore the world, from extinction; and there is no need to argue about what this bird needs to survive and thrive, only to decide whether the needs should be provided for them as required by the Endangered Species Act. She stated the League requests the Board to direct staff to research the questions surrounding the SCDP; and the League has submitted the following questions: (1) Has the status of the Brevard County scrub jay populations changed during the past three years, and what is the prognosis for the future; (2) Would the SCDP mean any increased taxes for the average taxpayer or any extra burden due to the removal of reserve land from the tax rolls; and (3) Please explain the relationship between the SCDP and the legally binding objectives and policies of the Brevard County Comprehensive Plan.

Mary Todd encouraged the Board to take a small step now in resolving this divisive issue; stated it has the opportunity to select questions whose answers can provide essential information about the details and affects of the plan so that it and Brevard's voters can communicate intelligently about the way the plan would work; and as a starting point, the Board has received some very good questions submitted by Commissioners Scarborough, Voltz and Higgs, as well as questions from the public. She noted she would like to see detailed answers to basic questions specific to the Brevard County HCP presented to the Board and to the public in an educational forum hosted by staff, with presentations by the very best experts; such forum should be a televised informative presentation and not a debate; and she would prefer that public comment not be taken during the special meeting, but that Commissioners be able to ask for clarification on information presented.

Travis MacClendon, representing Indian River Audubon Society, stated scrub jays long-term breeding will only occur in scrub; as scrub disappears, populations get squeezed closer and closer together and it puts those populations in danger; one of the major populations on Merritt Island is diseased; and such population may be doomed, only because it has been squeezed together. He read the following correspondence: "On behalf of the Board of Directors of the Indian River Audubon Society of Brevard County, I would like to remind you that the Citizen Steering Committee, representing all interests, spent nearly three years and $300,000 in federal funds to craft a Habitat Conservation Plan for the Florida scrub jay and all other scrub species. If, after all the workshops and all the public meetings on this issue, there are still unanswered questions, by all means, please get your questions answered from the right experts. The Florida scrub jay is the only species of bird found in Florida that exists only in Florida. It is our County's official bird and it is in trouble. Scrub, the most ancient habitat found in Florida and home to a myriad of species found nowhere else in the world, is in trouble. The Scrub Conservation and Development Plan developed in 1985 by the Citizen Steering Committee, after an extensive and expert biological assessment, thorough economic analysis, and exhaustive public participation, provided the means of insuring a long-term survival of mainland Brevard's population of Florida scrub jays, while allowing development to

DISCUSSION, RE: SCRUB JAY HABITAT CONSERVATION PLAN QUESTIONS

continue through a streamlined permitting process. We certainly hope you have reviewed this issue thoroughly and will not allow politics to corrupt a very serious growth management issue here in Brevard. The citizens of Brevard deserve no less. Sincerely, Ralph Bird, President."

Michael Moehle stated land that he has an ownership interest in was depicted on the Great Florida Birding Trail map as being owned by government; the public is not allowed to use the property for public purposes as it is not public property; people who go out on his property without his consent are trespassing; and he would like his property taken off of the map. He noted the sand hill crane, gopher tortoise, green sea turtle, indigo snake, bald eagle, seaside sparrow, and over 4,000 species of plants in the United States are threatened and endangered; the scrub jay is just one of many threatened species; and inquired if Brevard County adopts a plan for the scrub jay, is it going to adopt a plan for all of the species, and how much of the County is going to be enough to protect the species.

Charles Moehle, representing Modern, Inc., inquired will the scrub jay survive without obtaining additional property, how much will the plan cost the taxpayers of Brevard County, and the other taxpayers who pay indirectly through other mechanisms. He inquired does the County intend to pursue a plan for each threatened or endangered species, and how much land in Brevard County is necessary to be put aside and why is it necessary. He stated there are far more scrub jays in Brevard County than anyone ever dreamed of; and inquired why the County does not get out of the land clearing permitting business and get rid of this burden. He inquired how will the County be financially responsible under the Bert Harris Act and other takings protection, and where will the money come from.

Jackie Newman stated there was a time when the country's natural resources and beauty were desperately in need of being protected; the asphalt jungles were unnecessary and too many; there was very little environmental awareness; but now, the pendulum has swung too far and it needs to stabilize as there are too many horror stories of land grabbing and unfairness. He noted the IRS is on trial today; its image is tarnished irrevocably; the term "environmentalists" is also rapidly taking on a negative image, not because of those who wish to protect the environment, but those who wish to take away the rights of private citizens through the juggernaut of government.

Cheryl Palmer, representing Christian Coalition of Brevard, stated the Endangered Species Act talks about preservation, not proliferation; and inquired how much is enough and where can the County set the limit to how much land it is going to put in the hands of government. She noted people have come to this country for the American dream, and that dream was being able to work to own your little piece of the world; and the federal government should not take the property away.

Dolly Edwards stated scrub habitat is not attractive; and the County does not need to buy any more scrub habitat.

DISCUSSION, RE: SCRUB JAY HABITAT CONSERVATION PLAN QUESTIONS

Martin Lamb inquired how much land does the County have to buy, or what plans does it have to adopt in order not to pay The Nature Conservancy $41,000 per quarter, what is the plan really about, and why is there not a shortage of parakeets. He noted Mary Todd suggested that the Board have a meeting and not allow public comment; and requested the Board never do that as the taxpayers need the opportunity to provide comment.

Harry Fuller stated the scrub jay is not an endangered species, but a threatened species; the Archibald Research Center on the Lake Wales Ridge conducted a study on the scrub jays; to guarantee 100% survivability of the scrub jay, it takes 40 families, approximately 100 birds and 1,000 acres; and inquired why is it Brevard County's problem and why is it doing all of this when it takes so little to support the scrub jay, and everything the scrub jay needs is over on Lake Wales Ridge as required by the Endangered Species Act.

Norma Savell stated the Brevard County taxpayers need relief; according to the Property Appraiser, this year's assessment shows 44.4% of the Countywide acreage is off of the tax rolls; taxpayers do not want to pay double or more than they should to keep the County running; and inquired how much land is enough. She noted the other group needing relief is property owners; they do not want this threat hanging over them any longer; the Scrub Habitat Plan is truly the Plan Brevardians love to hate; and Commissioner O'Brien had asked why should Brevard be the first and only County to have such a plan. She noted outside of a Merritt Island restaurant are garbage containers with signs saying, "Contents inedible"; and inquired what is the prognosis for hungry people.

Edwina Davis, representing Friends of the Scrub, stated Brevard County is a beautiful place; she has raised three sons here; and her family has enjoyed every natural aspect of Brevard County, including the river and the ocean. She noted anytime the scrub jay habitat is taken away, they have no where else to go; and people are inventive and creative, and can always figure another way to survive, but the scrub jay cannot.

The meeting recessed at 11:55 a.m. and reconvened at 12:08 p.m.

Commissioner Scarborough stated his intention was to bring questions forward; there are strong feelings on both sides of the issue; questions have been previously submitted and questions were provided today; and the Board has the option of doing nothing further or getting involved in the process. He noted the question becomes is the County's involvement with a habitat plan constructive or not; and it has to lay forth certain fundamental questions in order to decide that issue.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to compile a list of questions and collect them in a systematic order.

DISCUSSION, RE: SCRUB JAY HABITAT CONSERVATION PLAN QUESTIONS

Commissioner O'Brien stated he cannot support the motion; the County has spent enough time, effort and money on the scrub jay issue; and he does not want to spend any more money on it. He noted all the questions are there; this is an issue created by the U.S. Fish and Wildlife Service, not Brevard County; and such Service should step up to the plate and bring its own checkbook to the table and perform its civic duty. He stated it was said this morning that the scrub jay is endangered; it is not endangered; and it is threatened.

Commissioner Cook stated last year the County acquired 9,000 acres under the EELS Program; in 1996, it submitted the Coastal Scrub Ecosystem Initiative unanimously to the State to acquire CARL funding for a scrub ecosystem initiative; and it was fortunate to be ranked very highly on the CARL list and it will be matched with local monies through the EELS Program and scrub property it has purchased locally. He noted once the funds become available, that is the County's scrub jay protection plan; it is entailed in the Coastal Scrub Ecosystem Initiative which the Board pledges to support; so Brevard County is doing something for the scrub jay. He suggested the Board continue to pursue the Brevard County Coastal Scrub Ecosystem Initiative, and submit a new scrub jay plan to U.S. Fish and Wildlife Service after additional acquisitions and CARL funding, if deemed appropriate.

Discussion ensued concerning scrub jay property, major development, federal government, participation in the Scrub Jay Habitat Conservation Plan, options to property owners, and economic development.

Commissioner O'Brien stated out of 11 Florida counties suffering from development restrictions under U.S. Fish and Wildlife Service because of the scrub jay, none of them have elected to create a scrub conservation plan; and the reality is that the public would only support it if it did not cost the local taxpayer any tax dollars. He noted realtors, developers, contractors and business leaders are not lined up at his door requesting the plan be adopted; they have said a plan is not wanted or needed; he hears their voices loud and clear; and he will support Commissioner Cook's suggestion.

Commissioner Higgs stated if the Board were to approve a plan, it would not require any new local money outside of what has already been designated in the EELS Program; it would allow the County to leverage that money with State money and use it with the money of landowners to move forward in preservation; it would save the landowners money and create a better habitat plan; it would allow for predictability and permitting at the local level; and it would provide a comprehensive plan that would better insure survival of the species and scrub. She noted regardless of whether or not the County has a plan, the Endangered Species Act will be in effect and people will have to deal with it; if the County moves forward with the Coastal Scrub Ecosystem Project, there will be a total of 3,400 acres; and it will not be enough to insure survival of the scrub jay in Brevard County. Commissioner Higgs stated Dave Brennegar has done a great deal of work studying the scrub jays in Brevard County for the U.S. Fish and Wildlife Service; he explained that on the average during the last 5 to 10 years, there has been a 50% decline in the birds; in the last 6 to 9 months, it is almost

DISCUSSION, RE: SCRUB JAY HABITAT CONSERVATION PLAN

an epidemic in Brevard County; and he believes South Brevard has lost about half of its birds. Commissioner Higgs noted she also talked to Dr. Reed Bowman at the Archibald Biological Station; they have had a similar phenomenon in regard to disease and have lost about 30% of their birds over there; scrub jays are in a great deal of difficulty; and if the County were to do a plan, it could secure money from the federal government. She stated the U.S. Fish and Wildlife Service was at the table with the Board in developing the original plan; it would come to the table with the Board again to try and move forward on a plan; and that is what the County should do. Commissioner Higgs stated she is not here to argue for the U.S. Fish and Wildlife Service and she is not going to defend its position; but she is advocating the preservation of scrub and those species in scrub.

Chairman Voltz stated the County is doing what it can to protect the environment; it is not letting development run rampant; it is protecting the environment by multiple programs in place; and the issue is setting priorities. She noted Brevard County needs to make the children its priority; it cannot justify spending money on birds when it has juvenile crime out of control; and it needs to expand on those programs.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to compile the questions that have been presented. Motion did not carry. Commissioners Scarborough and Higgs voted aye; Commissioners O'Brien, Cook and Voltz voted nay.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve continuing to pursue the Brevard County Coastal Scrub Ecosystem Initiative as proposed by the Board, and submitting a new scrub jay plan to U.S. Fish and Wildlife Service after additional acquisitions and CARL funding, if deemed appropriate.

Commissioner Higgs requested the motion include acknowledging the Board's support of staff's vigorous efforts to appropriately manage the County's existing scrub lands for the scrub jays. Commissioners Cook and O'Brien stated it can be included.

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

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to direct the County Manager to contact Guy Spearman and request assistance in expediting the County's reimbursements by the CARL Program on previously purchased lands from the Land Management Division. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - GREG GOLGOWSKI, ACTING EXECUTIVE DIRECTOR OF EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL, RE: REPORT ON REGIONAL PLANNING COUNCIL ACTIVITIES

Greg Golgowski, Acting Executive Director of East Central Florida Regional Planning Council, advised of the Council's activities, including the June 5, 1998 Regional Summit, and its request for payment of balance of the FY 1998 Regional Planning Council member assessment.

Commissioner Scarborough inquired has the Council set forth a program for the Regional Summit on how to approach the issues; with Mr. Golgowski responding it is trying to structure the meeting, and Brevard County may want to bring its planning staff along as well. Mr. Golgowski stated the Council is hoping to have the meeting very facilitated and divided into sub-groups. Commissioner Scarborough stated sometimes County staff wastes its time dealing with other staffs that are less informed; it is not his desire to spend $100,000 of taxpayers money to have redundancy; and he has a problem with what is classified as being of a regional nature.

Chairman Voltz stated most of the issues discussed in Orlando have nothing to do with Brevard County; the County basically has no use for the East Central Florida Regional Planning Council; she does not know what is going to come out of the Regional Summit meeting; and the County funds the Council because it is mandated, but it has not used it.

Commissioner Higgs stated having served on the Council twice, she can see a role for the Planning Council in providing enhanced planning information, data and alternatives for the County to review and build a better community; and at the point it does that, she can be real supportive. She noted where the Council has been has not been very useful to Brevard County, but if it is a direction of positive information and to bring Central Florida policy makers together to talk about issues and ways of dealing with them, it could be very useful.

Mr. Golgowski stated there is still a balance of $51,765 of Brevard County's assessment still outstanding and requested the Board authorize payment of such.

Commissioner Cook stated he cannot support it as the Board decided to pay quarterly; it did not believe it was getting its money's worth out of the Council; Orange County has decided not to pay any assessment; and he does not see changing the formula at this point.

Commissioner Scarborough stated he supports the Summit; and everyone will find out a great deal on June 5, 1998. He noted he understands there is a cash flow problem; and if it looks like it is going to become a viable organization, there may be reason for Brevard County to help with the cash flow; but if it is dissipating and the legislation is going to come through that it is going to be voluntary, and Brevard County will not be participating in the future, there is no reason to fund it.

PERSONAL APPEARANCE - HAROLD P. KOENIG, RE: CRACK COCAINE DISASTER

Harold P. Koenig advised the Board and audience of the shocking horrors of the accelerating crack cocaine disaster sweeping Brevard County; stated it is devastating the lives of many teenage children, as well as reeking economic havoc in the community; and commended the Board for initiating the Drug Court Program in Brevard County. He stated his daughter, now 21 years of age, has been addicted to crack cocaine for 1? years; and he comes before the Board as someone who has seen evil to call the community to action against this evil. He recommended the following actions be taken by the Board: (1) Hold public hearings on the crack cocaine disaster; (2) Appoint a committee to develop and recommend a remedial action plan based on data developed in the public hearings with clearly defined measurable result objectives; (3) Expand significantly the Brevard County Drug Court Program from its present $250,000 annual budget to $1 million for the year 2000; (4) Establish needed treatment facilities in Brevard County; (5) Realign the Brevard County budget to stop expanding the County Jail and funnel funds into treatment undertakings; (6) Elevate Marchman Act arrest warrants as a top priority; and (7) Stop governmental agencies from supplying crack to known crack addicts.

Commissioner Cook stated Mr. Koenig's comments are very compelling today; and the human costs is enormous, as well as the economic costs to society as a whole. He requested the County Manager review each recommendation concerning the crack cocaine disaster, and report back to the Board with suggestions on what the County can do to perhaps initiate such recommendations.

RESOLUTION, RE: RECOGNIZING 30TH ANNIVERSARY OF FAIR HOUSING

Chairman Voltz read aloud a resolution proclaiming April, 1998, as Fair Housing Month and recognizing its 30th Anniversary.

A representative for Fair Housing expressed appreciation to the Board for its support of fair housing initiatives, and advised of the housing and community development team's first effort at a Countywide housing initiative to be held Thursday at the Comfort Inn.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming April, 1998, as Fair Housing Month and recognizing its 30th Anniversary, and expressing the hope that this year's observance will continue to support fair housing practices throughout Brevard County and the State of Florida. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: SANDBAGGING MACHINES FROM THE SANDBAGGER CORPORATION

Commissioner O'Brien stated Districts 1 and 2 are paying $14,000 each for the sandbagging machines; Districts 3, 4 and 5 are paying $6,000, $9,600, and $6,600 respectively which is less than one-half of what Districts 1 and 2 are paying; and the Board needs to create a policy which restricts the use to unincorporated Brevard only or have all five Districts pay equally.

Commissioner Cook stated it is intended for the unincorporated area. Chairman Voltz stated Commissioner O'Brien has more unincorporated areas than the other Districts; with Commissioner Cook responding that is the reason for the price differential.

County Manager Tom Jenkins stated the County brought to the cities' attention that it was going to have a more aggressive sandbag program this year, and it encouraged the cities to do the same thing.

Commissioner O'Brien stated it is odd that Districts 1 and 2 have to pay the exact amount of $14,148.96. Commissioner Scarborough requested Surface Water Management Director Ron Jones recheck the figures.

Commissioner Higgs stated the item can be approved as it is; staff can keep records and come back with a report at the end of the year on the use of the sandbagging machines by each Commission District; and if it is not fairly allocated, the Board can discuss it then.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve purchase of three motorized sandbagging machines from The Sandbagger Corporation, a sole source vendor at a total cost of $50,532; and direct staff to come back to the Board with a report at the end of the year on the use of the sandbagging machines by each Commission District. Motion carried and ordered; Commissioner O'Brien voted nay.

DISCUSSION, RE: USTLER/FAGAN V. BREVARD COUNTY

County Attorney Scott Knox stated since the lawsuit in the Ustler/Fagan case was filed as to the Don Olson Tire Store, the County has to hold a public hearing by Florida Statute; and it will be coming back to the Board again in the form of a public hearing.

DISCUSSION, RE: REGIONAL SUMMIT OF EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Scarborough stated the Regional Summit meeting of the East Central Florida Regional Planning Council on June 5, 1998 may have to be advertised as a public meeting outside of Brevard County.

County Attorney Scott Knox stated the East Central Florida Regional Planning Council is going to take care of it, but he will make sure he receives a copy of the advertisement.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 1:33 p.m.

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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