The Board of County Commissioners of Brevard County, Florida, met in regular session on March 9, 1999, at 9:00 a.m. in the Government Center Commission Room, Building C, 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 Commissioner Randy O'Brien, District 2.

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

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the Minutes of December 15, 1998 Regular Meeting, January 14, 1999 Special Meeting, January 19, 1999 Regular Meeting, and January 26, 1999 Workshop/Special Meeting, as submitted. Motion carried and ordered unanimously.

INTRODUCTION

County Manager Tom Jenkins introduced the County's new Horticulturist Loren Rapport.

SPORTS REPORT

Commissioner O'Brien congratulated the Astronaut War Eagles Wrestling Team for winning the State Wrestling Championship in Lakeland, Florida; and advised it is the first Team in Brevard County's history to ever hold this title. He further congratulated Cassidy Maxwell who was named the 7th Annual Dairy Farmer's Florida Girls Swimmer of the Year; and advised Ms. Maxwell has qualified for the 2000 Summer Olympic Trials in Sydney, Australia.

INTRODUCTION, RE: JAN HOUSER

Commissioner Carlson introduced Jan Houser, Project Manager for Space Experiments, Research and Processing Laboratory (SERPL); and stated Space Experiments, Research and Processing Laboratory is the first phase of a proposed research industrial park that will team Kennedy Space Center (KSC) with Spaceport Florida Authority to serve as host of

INTRODUCTION, RE: JAN HOUSER

governmental, commercial, state and international organizations involved in space-related research. She advised Ms. Houser is an experienced manager in the field of engineering development, shuttle operations and shuttle mission assurance; and as Program Manager of the SERPL Project, she will coordinate program managers, project managers, and technical experts at NASA Headquarters, State of Florida, and KSC in assessing and determining facility design layouts, costs funding, and construction milestones.

Jan Houser advised the project is three phases; phase one includes working with Spaceport Florida to replace the life sciences facilities which are very old at KSC; they have established a collaborative effort with the State of Florida; and Spaceport Florida Authority will be going for third-party financing for a facility. She noted Spaceport Florida would do the construction; KSC would lease it from them on a yearly lease; it will provide special laboratories to do work in the life sciences, bio-tech, and Space agriculture areas; and it is a pathfinder for an ultimate research park. She stated they have the labs; Spaceport Florida is also asking for money for an academic support facility; these would be coupled together; and there would be general classrooms, as well as general labs and office space in the academic support facility. She advised they will be used to springboard and meet the requirements in the Space station era; they hope to encourage international partners as they come in; they will process their experiments in this facility; and if they need another facility, up to 400 acres of KSC property would be offered where various academic, commercial or international interests could have their own facility to continue processing Space station types of payloads or other Space-related types of applications. Ms. Houser stated this is important as it enhances the launch and payload processing site capability to allow KSC to play an even larger role in the future of international Space station; it enables the State, County and other federal agencies and industries to have expanded access to the emerging technologies and increased opportunities; and it is a model for the way they would like to operate in the future at KSC. She noted they are working with the State, County, academia, commercial companies, and educational institutions in order to move forward and make progress in Space; Spaceport Florida Authority will be getting a loan for the facility; it is requesting $8 million from the State for the infrastructure for the park; it will also provide the infrastructure for the lab and academic facilities; the loan guarantee from the State and the $8 million are extremely critical; and Spaceport Florida is also requesting an additional $15 million for the academic support facility.

Commissioner O'Brien stated the Board discussed academia as being very important to Brevard County and how it would like to see a combination of University of Central Florida (UCF) and Florida Institute of Technology (FIT) in the generation of an aerospace aeronautical school of engineering.

Commissioner Carlson stated Mr. Bridges wanted to provide a personal invitation to the Board to tour the facilities at NASA; and she recently went on a tour, and it was informative and amazing.

INTRODUCTION, RE: JAN HOUSER

Chairman Scarborough stated this is one of the most exciting things he has heard; the Board should adopt a resolution supporting this; and perhaps the County Manager can work with Ms. Houser and bring something back before the Board.

Commissioner O'Brien stated he has spoken with individuals at UCF, and they are very interested in talking about this issue in depth; and Dr. Maxwell King is also willing to help out.

DISCUSSION, RE: ECONOMIC GROWTH STRATEGY

Commissioner Carlson stated she provided the economic growth strategy from John Houselman's office at NASA to the Board for its information; she will be going to the Florida Association of Counties' Legislative Day on March 24, 1999; she has an appointment with Governor Bush to discuss Brevard County in general; and if there are any questions the Board would like her to hand deliver or ask the Governor, she will do so.

DISCUSSION, RE: FLORIDA POWER & LIGHT (FP&L) COMPANY RESOLUTION

Commissioner Carlson stated she pulled the Florida Power & Light (FP&L) Company resolution from the Board's agenda two weeks ago; she has a scheduled meeting with Sandy Sanderson tomorrow at 2:00 p.m. concerning FP&L's fuel burning at the Port St. John Plant; and the resolution will not be introduced until they proceed with this meeting.

DISCUSSION, RE: CONSTELLATION POWER PLANT

Commissioner Carlson stated she provided an update on questions that were answered at a meeting concerning the Constellation Power Plant; and requested the Board read through the information and pay special attention to page 4 which discusses the possibility of a full-time gas- powered plant.

Chairman Scarborough stated the OUC Plant has been sold; it has been a better neighbor and has burned gas rather than heavier fuels; the Board needs to anticipate that there could be a change of policy with OUC and it could do the same amount of damage; it would be nice to think FP&L is going to voluntarily comply; and it would be a shame if the new owner of the OUC Plant elects to go to the dirtier fuels.

DISCUSSION, RE: DISTRICT 4 COMMUNITY OUTREACH PROGRAM

Commissioner Carlson stated District 4, through its Community Outreach Program, is going to start a policy of recognizing, via resolution, achievements by individuals and groups who have excelled in education, sports and community service.

DISCUSSION, RE: TAXES FOR THE ELDERLY

Commissioner Voltz stated she received an E-mail from a lady concerning the extra taxes for the elderly over age 65; and inquired what does the County need to do.

County Attorney Scott Knox stated the Constitutional Amendment needs to be implemented by the Legislature; it has to adopt a law authorizing the County to do whatever it has to do; and until that passes, the County does not have authority to do anything.

PAYMENT OF DUES, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Voltz stated she received a copy of a memorandum to Chairman Scarborough concerning the County's dues to the East Central Florida Regional Planning Council; and inquired if the Board has made a decision on it.

Chairman Scarborough inquired is anything going to occur positively over there or is it a waste.

Commissioner Higgs stated there have been two meetings; she has found interesting information; the Board should pay its dues as long as it is participating; and she would not abandon it at this point.

Chairman Scarborough stated the Board had the desire to see that the enabling Act changed; it decided to wait and see what happened in Tallahassee; the Board may want to have Representative Bill Posey and Lobbyist Guy Spearman discuss it at the State level; and maybe they know enough now that they can began to advise the Board. He stated it is not just the payment of dues, but the failure of the Council to be what it should be for East Central Florida.

Commissioner Higgs stated she can see changes from where it was in 1993; the Board has an obligation to pay its dues as long as it attends the meetings; and she would like to see the Board pay its dues, be up to date, go through the July time frame, which is the Council's budget year, and see how it is going. She noted she would also like to go to the Treasure Coast Regional Planning Council to see what it does, and if it might be a more productive place for Brevard County to be.

Chairman Scarborough stated he would oppose leaving Orlando as Brevard County is driven as a part of the Orlando/Disney complex; he does not mind paying the County's dues; and the obligation goes beyond just paying the dues, it is to change what is wrong.

PAYMENT OF DUES, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Voltz stated she has not been a Regional Planning Council supporter; it has wasted County tax dollars; however, the Board needs to be responsible and pay its dues, but monitor it.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize payment of dues up to date to the East Central Florida Regional Planning Council. Motion carried and ordered unanimously.

Chairman Scarborough requested the County Manager arrange a conference call with Messrs. Posey and Spearman at the beginning of a Board meeting concerning possible changes.

PERMISSION TO TRAVEL, RE: REGIONAL PLANNING COUNCIL MEETINGS

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve travel for any Commissioner to attend Regional Planning Council meetings for observation or informational purposes. Motion carried and ordered unanimously.

DISCUSSION, RE: XANADU PROPERTY

Commissioner Voltz stated the Xanadu property off of U.S. 1 is freshly painted bright purple; it appears to be another adult entertainment establishment; the County has already been through a nightmare with this building; and requested the County Attorney address the tax deed sale on March 22, 1999.

County Attorney Scott Knox stated if it is a tax certificate sale, one bids to pay the back taxes that are due on the property at a specific interest rate; such interest rate is collected over a period of two years; and they are eligible to receive a tax deed. He noted the issue is whether or not the County would be in a position to pay the back taxes and collect the interest.

Commissioner Voltz stated the building was taken in a drug deal; it was split between the County, Palm Shores and the State; and inquired how did they open another business when the County has already been through this.

Attorney Knox stated Mr. Phillips, Attorney for the Government, indicated the foreclosure action is going to trial in the upcoming weeks; and until that actually occurs and the Judge enters a forfeit of judgment, the property remains with the owner who had it before. He noted the Tax Collector will sell it as a tax certificate sale if they have not paid the taxes; and that is probably what has happened.

DISCUSSION, RE: XANADU PROPERTY

Commissioner Voltz stated if they sell it to someone who does not know what is going on with the County and the County gets it in forfeiture, where does that leave the person; with Attorney Knox responding probably out of luck. Commissioner Voltz inquired is there anything the County can do. Attorney Knox responded typically there will be a notice of forfeiture which is filed in the Public Records; he is not sure if that is the case with this; someone who is going to bid at the tax certificate sale would have knowledge of it if he did the research; and perhaps the County can ask the Tax Collector to put everyone on notice at the tax certificate sale.

Commissioner Voltz inquired is there no action that the County wants to take on this; with Attorney Knox responding the issue would be whether or not the County could expend money to redeem back taxes. Mr. Knox stated there is possibly a public purpose in the sense that it would be spending money to potentially get that property in the future; he has not researched whether or not the County can actually spend money for back taxes; but he can do that. Commissioner Voltz stated she is not sure if the Board wants to do anything or just let it go; with Commissioner Higgs responding she does not want to do anything. Commissioner Voltz inquired how did the business open up again; with Attorney Knox responding that is a good question.

Commissioner O'Brien requested the County Attorney check into whether or not they have a license to operate. Attorney Knox advised it is in the City of Palm Shores.

SPEED HUMPS, RE: PORT ST. JOHN AREA

Chairman Scarborough stated the Port St. John Committee reviewed some of the speed hump ideas and met with the community; it will be coming to the Board on a case-by-case basis, with an overview by County staff; and staff can start processing speed humps in the Port St. John area.

REQUEST FOR INJUNCTIVE RELIEF, RE: CASE FILE #99-0002, MR. WHORTON

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve request for Injunctive Relief on ONRM Case File #99-0002 prohibiting activities conducted by Mr. Whorton in violation of the Code. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: IRISH COFFEE BREAKFAST

Commissioner O'Brien stated on March 16, 1999, he will have the Second Annual Randy O'Brien Irish Coffee Breakfast at Viera for the Commissioners and County staff.

PERMISSION TO TRAVEL, RE: COMMISSIONER O'BRIEN

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve travel for Commissioner O'Brien to Washington, D. C. on March 21 and 22, 1999, to discuss beach restoration. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING PATRICK D. SMITH

Commissioner O'Brien read aloud a Resolution recognizing and congratulating Patrick D. Smith, Inductee into the 1999 Florida Artists Hall of Fame; and presented it to Mr. Smith.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution recognizing and congratulating Patrick D. Smith, Inductee into the 1999 Florida Artists Hall of Fame, for his outstanding literary contributions to not only Floridians, but people everywhere. Motion carried and ordered unanimously.

Patrick Smith stated when he was notified by the Florida Department of State that he would be inducted into the Florida Artists Hall of Fame this year, it made him nervous; the ceremony will be held in Brevard County on June 11, 1999; people will be coming from all over the State; and the Board is invited to attend.

RESOLUTION, RE: COMMENDING SHELLEY HARDY

Commissioner Voltz read aloud a resolution recognizing and congratulating Shelley Hardy, Space Coast Area Transit Vehicle Operator, for being named the 1998 State of Florida Bus Driver of the Year; and presented it to Mr. Hardy.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing and congratulating Shelley Hardy, Space Coast Area Transit Vehicle Operator, for being named the 1998 State of Florida Bus Driver of the Year. Motion carried and ordered unanimously.

Shelley Hardy expressed appreciation to the Board for the commendation Resolution; and stated it is a great honor.

RESOLUTION, RE: PROCLAIMING AMERICAN CANCER SOCIETY'S RELAY FOR LIFE DAYS

Commissioner Carlson read aloud a resolution proclaiming March 19 and 20, 1999, as American Cancer Society's Relay for Life Days in Brevard County; and presented it to Bob Shoemaker.

RESOLUTION, RE: PROCLAIMING AMERICAN CANCER SOCIETY'S RELAY FOR LIFE DAYS

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution proclaiming March 19 and 20, 1999, as American Cancer Society's Relay for Life Days in Brevard County; and encouraging all citizens to participate in the Relay For Life, make a positive difference in the fight against cancer, and become the community that takes up the fight. Motion carried and ordered unanimously.

Bob Shoemaker explained the American Cancer Society's Relay for Life Days to the Board and audience; and expressed appreciation to the Board for the Resolution.

RESOLUTION, RE: PROCLAIMING FAIR HOUSING MONTH

Commissioner Voltz read aloud a resolution proclaiming the month of April, 1999 as Fair Housing Month in Brevard County; and presented it to Housing and Human Services Director Bernice Jackson.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming the month of April, 1999 as Fair Housing Month in Brevard County, and expressing the hope that this year's observance will continue to promote fair housing practices throughout the County. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING JUVENILE JUSTICE WEEK

Commissioner Voltz read aloud a resolution proclaiming March 14 through 20, 1999 as Juvenile Justice Week; and presented it to a representative of Juvenile Justice Council.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing the week of March 14 through 20, 1999 as Juvenile Justice Week and encouraging the support and participation of all citizens in making a conscious effort to prevent juvenile crime. Motion carried and ordered unanimously.

A representative of Juvenile Justice expressed appreciation to the Board for the Resolution and continued support of the Juvenile Justice Council.

RESOLUTION, RE: PROCLAIMING WOMEN'S HISTORY MONTH

Commissioner Higgs read aloud a resolution proclaiming March, 1999 as Women's History Month in Brevard County; and presented it to Gayle Cannon.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution declaring March, 1999 as Women's History Month in Brevard County, and encouraging all citizens to recognize their outstanding accomplishments. Motion carried and ordered unanimously.

Gayle Cannon expressed appreciation to the Board for the Resolution and its participation.

RESOLUTION, RE: PROCLAIMING DeMOLAY WEEK

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution congratulating the members of The Greater Titusville Area Chapter Order of DeMolay as it celebrates the National 80th Anniversary of the Order of DeMolay, and declares the week of March 14-21, 1999 as DeMolay Week in Brevard County. Motion carried and ordered unanimously.

PRESENTATION, RE: SHERIFF'S ACCREDITATION PROGRAM

Sheriff Philip Williams stated the Sheriff's Office is here to present the Accreditation 2000 project which Chief Sarver and Sergeant Cockriel have introduced to the Commissioners individually; his office is seeking to become an accredited law enforcement agency recognized standard-wise nationally; and Sergeant Cockriel has been the accreditation manager since inception of the project and has worked very diligently. He noted such program has potentially tremendous benefits economically, professionally and service delivery improvements that the Sheriff's Office can obtain.

Sergeant Russell Cockriel stated the Sheriff's Office decided to take an opportunity to evaluate an international accreditation program sponsored and conducted by a not-for-profit organization called The Commission on the Accreditation for Law Enforcement Agencies; the need for law enforcement felt by the Agencies was to develop a cohesive and consistent set of standards that all law enforcement agencies should operate by; and the standards cover the entire scope of the law enforcement profession and operation dealing with personnel, budget and procedural issues, reports, information reported to the community as well as the Chief Executive, and equipment. Sergeant Cockriel advised of currently accredited law enforcement agencies and those agencies that are involved in or contemplating the accreditation process; stated some benefits of the Program include it builds an ethically sound agency, and updates the agency to a national standard; and the standards are well developed, have been around for 20 years, and have been refined from year to year.

PRESENTATION, RE: SHERIFF'S ACCREDITATION PROGRAM

He noted this process will limit the Sheriff's Office to exposure of liability; and it provides for continuity of operations with other accredited agencies, policies, standard operating procedures, employee involvement in setting their own work standards, updating and review of all policies and procedures in place, and fair and equitable employment and personnel practices. Sergeant Cockriel stated it makes good monetary and organizational sense to get involved in this process; and the Sheriff's Office determined this program was a good one in that it will do a lot for the agency, as well as the citizens of Brevard County by making the Office more efficient, better trustees of the public's money, and more user friendly.

The Board acknowledged presentation by Sergeant Russell Cockriel concerning the Sheriff's Accreditation Program through The Commission on the Accreditation for Law Enforcement Agencies.

UNPAVED ROAD AGREEMENT WITH VICTOR RUDNIZKI FOR HANS HOELZLWIMMER, RE: TREASURE LANE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Victor Rudnizki for Hans Hoelzlwimmer providing for a building permit off Treasure Lane which has been constructed to the standards of the Unpaved Road Ordinance No. 97-02. Motion carried and ordered unanimously.

ACCEPTANCE OF QUIT-CLAIM DEEDS, RE: HIBISCUS AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept Quit-Claim Deeds from Veronica "Ronnie" Lawhon for a 60-foot right-of-way, from Grissom Parkway to the west boundary line of the proposed Fox Den Subdivision, which will follow the proposed Hibiscus Avenue right-of-way. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE #40-1998 FROM CITY OF TITUSVILLE, RE: VOLUNTARY ANNEXATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of Ordinance No. 40-1998 from the City of Titusville, annexing approximately 20 acres near I-95 and SR 50 into the City. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE #AR-1998-119 FROM CITY OF MELBOURNE, RE: VOLUNTARY ANNEXATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of Ordinance No. 99-05 from the City of Melbourne, annexing approximately .2 acre north of Aurora Road along the west edge of Croton Road into the City. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: CONSTRUCTION OF PORT ST. JOHN EAST CONNECTOR ROAD

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for April 13, 1999, to consider whether it is in the County's best interest to allow Road and Bridge to perform the construction services for the Port St. John East Connector Road. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE PROPERTY FROM MAEANA W. KUTUN AND LINDA W. BROWN, AND EXECUTE CONTRACT FOR SALE AND PURCHASE, RE: LOT 22, BLOCK 11, SECTION 28, TOWNSHIP 23S., RANGE 35E.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to purchase Lot 22, Block 11, Section 28, Township 23S., Range 35E., from Maeana Kutun and Linda Brown at $3,000; and authorize the Chairman to sign the Contract for Sale and Purchase. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH AIKENHEAD & ODOM, INC., RE: SOUTH WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment to Agreement with Aikenhead & Odom, Inc. for additional design services needed for South Wickham Road Widening Project, at $73,500. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH RANGER CONSTRUCTION INDUSTRIES, RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract Modification #1 with Ranger Construction Industries for Malabar Road Widening Project, Phase II, increasing contract price by $7,300 for construction related to the City of Palm Bay's force main. Motion carried and ordered unanimously.

EXTENSION OF CONTRACTS WITH ARDAMAN & ASSOCIATES, INC., ATLANTIC TESTING, PROFESSIONAL SERVICES INDUSTRIES, AND UNIVERSAL ENGINEERING SCIENCES, RE: GEOTECHNICAL SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve extension of the continuing geotechnical contracts with Ardaman & Associates, Inc., Atlantic Testing, Professional Services Industries, and Universal Engineering Sciences for one year; and authorize the Chairman to execute the Renewal Options. Motion carried and ordered unanimously.

CONTRACT AMENDMENT NO. 3 WITH OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT, RE: RECONSTRUCTION OF PORTION OF TICO ROAD

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract Amendment No. 3 with the Office of Tourism, Trade, and Economic Development for reconstruction of a portion of TiCo Road. Motion carried and ordered unanimously.

TASK ORDER NO. 98-003-02 WITH BUSSEN-MAYER ENGINEERING GROUP, INC., RE: WEST PORT ST. JOHN WATERSHED

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Task Order No. 98-003-02 with Bussen-Mayer Engineering Group, Inc. to provide engineering services associated with performing a drainage study for West Port St. John Watershed at not to exceed $112,001. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH STORMWATER & UNDERGROUND, INC., RE: OFF ROAD VEHICLE PARK SITE WORK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with Stormwater & Underground, Inc. for the Off Road Vehicle Park Site Work, extending time by ten days with no increase or decrease in contract price. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH M. D. UTILITY CONTRACTORS, RE: MAX RODES PARK WATERLINE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with M. D. Utility Contractors for Max Rodes Park Waterline project, increasing contract price by $6,400 to upsize the water main as requested by the City of Melbourne. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 AND RELEASE OF RETAINAGE AND FINAL PAYMENT TO COASTAL SEPTIC SERVICES, INC., RE: MAX RODES PARK SEPTIC SYSTEM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 to Agreement with Coastal Septic Services, Inc. for Max Rodes Park Septic System, increasing contract price by $663 to locate two additional tanks on site. Motion carried and ordered unanimously.

SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: RUNWAY 09-27 OVERLAY PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize execution of a Supplemental Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT), providing an additional $18,000 for Runway 09-27 Overlay Project at Valkaria Airport. Motion carried and ordered unanimously.

MODIFICATION OF AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: COMMUNITY ACTION AGENCY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Modification #1 to Agreement with Florida Department of Community Affairs for the Brevard County Community Action Agency, increasing the grant by $432; and authorize the Chairman to execute future Modifications, contingent upon approval by the County Attorney and/or Risk Management. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF JUVENILE JUSTICE, RE: COMMUNITY WORK PROGRAM FOR CHILDREN

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Florida Department of Juvenile Justice for the Community Work Program for Children, and authorize the Department to include in the Agreement any future Board approved contract clauses. Motion carried and ordered unanimously.

APPROVAL TO RENAME OFF-ROAD VEHICLE PARK, RE: SPACE COAST COMMUNITIES SPORTS COMPLEX

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve renaming the Off-Road Vehicle Park as Space Coast Communities Sports Complex to reflect the actual use of the park. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST MASSAGE AND ALLIED HEALTH INSTITUTE, RE: PARAMEDIC TRAINING

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Space Coast Massage and Allied Health Institute to provide paramedic training at a cost of $56,000, and approve a Budget Change Request to transfer funds to the appropriate operating accounts. Motion carried and ordered unanimously.

CONFIRMATION OF APPOINTMENT, RE: CATHERINE J. SCHWEINSBERG AS LIBRARY SERVICES DIRECTOR

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to confirm the appointment of Catherine J. Schweinsberg as the Library Services Director. Motion carried and ordered unanimously.

APPROVAL OF REVISIONS, RE: 1999 BOARD MEETING SCHEDULE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to revise the 1999 Board Meeting Schedule, changing the March 16, 1999 5:30 meeting to 9:00 a.m. as a Regular Meeting, including March 25, 1999 Workshop at 1:00 p.m. on Children's Issues/Juvenile Crime and Long Term Debt, with the feral cat issue being addressed at a later time, and adding April 15, 1999 Workshop at 10:00 a.m. on Adult Entertainment Issues and July 6, 1999 at 9:00 a.m. as a Regular Meeting. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-9-07 AND CONTRACT TO HANSON ENGINEERS, INC., RE: TOWER CONSULTANT FOR PLANNING AND ZONING

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to award Proposal #P-3-9-07, Tower Consultant for Planning and Zoning, to Hanson Engineers, Inc.; and authorize the Chairman to execute a contract with the firm. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: CONSENT TO TRANSFER CABLE SYSTEM NON-EXCLUSIVE FRANCHISE OF TCI FOR BAREFOOT BAY/SNUG HARBOR AREAS TO TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP D/B/A TIME WARNER COMMUNICATIONS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider a transfer of cable system non-exclusive franchise of TCI for Barefoot Bay/Snug Harbor Areas to Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Time Warner Communications for April 6, 1999. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint and/or reappoint the following:

Beach Erosion Control Advisory Committee
Appoint Eric Thosteson, 395 Carissa Drive, Satellite Beach, Florida 32937, with term of appointment expiring December 31, 1999.

Personnel Council
Appoint Saul H. Barton, 295 Highway A1A #401, Satellite Beach, Florida 32937 replacing Thomas Browne, with term of appointment expiring December 31, 1999.

Country Acres Advisory Board
Reappoint Pastor Louis Mondy, P. O. Box 6392, Titusville, Florida 32780, with term of appointment expiring December 31, 1999. Appoint Kim Roberts, 3490 Dairy Road, Titusville, Florida 32796 replacing Lynn Boshart, with term of appointment expiring December 31, 1999.

Mims/Scottsmoor Public Library Advisory Board
Reappoint J. T. Shealy, P. O. Box 563, Mims, Florida 32754-0563, with term of appointment expiring December 31, 1999.

Community Based Organization Funding Advisory Board
Appoint Sharon Sevastio, 4701 Anise Tree Court, Melbourne, Florida 32934 replacing Jim French, with term of appointment expiring December 31, 1999.

Veterans Memorial Park Advisory Board
Appoint Clair (Rusty) L. Swarmer, 520 Palm Springs Boulevard #602, Indian Harbour Beach, Florida 32937 replacing Clement Schmitt, with term of appointment expiring December 31, 1999.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

DISCUSSION, RE: MANATEE PROTECTION PLAN

Commissioner O'Brien stated the Manatee Protection Plan (MPP) was presented to the Department of Environmental Protection (DEP) in May, 1997; its first response was nine months later in February, 1998; it took DEP nine months to respond to Brevard County; and discussions began in November with staff. He advised he and Mr. Arnold agreed they did not want to create a blizzard of paperwork, so verbal discussions would be appropriate; the constructive discussions now taking place are on schedule and should not be interfered with nor micro-managed by the Board; and micro-management at this juncture would put Brevard County in a very weak position. He noted he has not wavered from the Plan as written; the Board sent him to do a job and communicate with DEP concerning the Manatee Protection Plan as set forth by the Board; that is exactly what he has done; and he is deeply concerned that a preemptive political ploy may be taking place that would greatly affect the avenue of communication he presently has with Mr. Arnold and Kirby Green. Commissioner O'Brien stated so far they have seen the solidarity on the Plan; it is because of that solidarity that Brevard County's Plan, as presented, most likely will be accepted by DEP in the near future; he strongly feels that the Board should not push this Plan ahead of schedule; the cost analysis, cost benefit ratio and financial impact study on implementation of the Plan is a very important tool and has not been determined yet; and the Board may want to take a long look at what it gets back before it makes any determinations. He noted Mr. Arnold's present position is that he cannot prepare a financial impact statement before the Plan is finally adopted; the Board should not sign something this big without knowing the costs it may have upon Brevard County and its residents; and without some type of cost analysis, the entire Plan could be considered arbitrary and capricious and based upon voodoo economics. Commissioner O'Brien stated the County may have to go to Tallahassee to have the rule changed; Mr. Arnold indicates it is not required by the Statute; perhaps it should be so the Board can discuss it with the Legislature; and the Plan will affect an $8 million industry called red fishing. He noted such Plan may put quite a few small businesses out of business; it could cause all the homeowners along canals or rivers to retrofit their yards or replace their gutters as they will not be allowed to discharge stormwater into the river, or something else on their property to meet the standards of the Plan; it could force people presently on septic tanks to connect to public sewer; and it could force all boat owners of any size, even a canoe, to have a port-o-let on board at all times. He advised the Plan is far- reaching; he and Mr. Arnold have more to discuss; Mr. Arnold agrees with most of the speed zones as proposed in the County's Plan and has only had a problem with two of them; and they were able to come to an agreement quickly and easily on a vast majority of speed zones in the Plan.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Commissioner O'Brien stated Dave Arnold and Kirby Green are trying to work this whole thing out; the speed zones are not a bone of contention with him or Mr. Arnold; they are trying to use the data available to review the decisions made in the past and determine whether or not they are still valid; and speed zones are not the most important element to protect the manatee. He noted manatee mortality is topped off by parinatal death, followed by disease; the boat impact deaths of manatees have decreased and match those of 1993 and 1994; the boat impact deaths in 1998 were fewer than manatees killed in 1979; and the Florida TODAY article stating manatee deaths have increased was incorrect. He stated the County presented a strong Plan; the Sheriff has recently purchased two new boats; Cocoa Beach and other cities along the rivers are increasing their patrols; the U. S. Fish and Wildlife Service puts their officers on Brevard County's rivers summer long to enforce the Endangered Species Act; and the DEP is committed to getting more Florida Marine Patrol (FMP) officers in Brevard County. Commissioner O'Brien stated the Manatee Protection Plan addresses much more than simple speed zones in the rivers; it concerns itself with the Indian River Lagoon as an environmental tool; it could have far reaching rule making affecting the property rights of many land owners; and he and Mr. Arnold have had a few discussions regarding the Plan and they have reached agreement on many areas of the Plan. He noted if the Board does not interfere with this ongoing process, it is possible they could have complete agreement very shortly on the entire Plan; and implored the Board to let him finish discussions with Messrs. Arnold and Green without interference. He stated the entire Plan, upon completion of discussions, will be brought back to the Board for review and implementation; and there will be complete public input and public hearings on the Plan before the County places its stamp of approval on it, in conjunction with the DEP.

The meeting recessed at 10:33 a.m. and reconvened at 10:48 a.m.

Commissioner Carlson stated she has met with Sandra Clinger on two occasions; Ms. Clinger has tried to bring her up to speed on the Plan; there is a new set of information to be analyzed and incorporated in the Plan; and Mr. Arnold indicated to her that the most important issue with the Manatee Protection Plan was speed zones.

Assistant County Manager Stephen Peffer stated the Manatee Protection Plan can be divided into five important sections-habitat protection, education, law enforcement, boat facility siting, and speed zones; staff worked with Commissioner O'Brien in preparing the report; a copy was sent to FDEP; staff received comments from FDEP in a memorandum dated March 8, 1999; and copies will be provided to the Board.

George Reynolds, President of Citizens for Florida Waterways, stated they believe in protecting the environment and endangered species without over regulation of their rights by federal, state or local municipalities; the key is boater education and it seems to be working.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Kim Johnson, representing Citizens for Florida Waterways, stated he supports the Manatee Protection Plan they submitted in 1996 and 1997 to FDEP; the manatee deaths caused by boats last year decreased by 25%; and he does not support the creation of additional regulations as it is an unnecessary burden that has far-reaching consequences.

Diane Whitley, representing Whitley Marine, Inc., urged the Board to support Commissioner O'Brien in his negotiations with FDEP; stated the manatee issue can drastically affect the economic impact of boating in Florida; the intercoastal waterway is a highway as I-95 is; and it contributes a very large sum of money to Brevard County's economy, as well as the State of Florida. She noted she has never met a boater who would deliberately harm a manatee or destroy the ecology of our waterways; the boaters love and enjoy the beauty that the environment has to offer; the whole issue of the manatee being solely the responsibility of the boater is highly misplaced; there is room for boaters and manatees to co-exist; and education is a very important factor. Ms. Whitley stated there are tremendous economic issues at stake; and urged the Board to consider this very carefully before allowing emotional, unsupported regulation to rule.

Sandra Clinger, representing Save the Manatee Club, stated the Club supports some of the recommendations in the Plan; they are good recommendations and will have a benefit for manatees, including the habitat protection and education elements; however, there are also many recommendations in the Plan that weaken existing manatee protection and are not supported by the body of scientific data that is available; and as a whole, this document will not improve manatee protection in Brevard. She noted the Plan approved May 21, 1997 was not approved by DEP because of these factors; today FDEP is in its second year of countywide aerial surveys of Brevard County; manatee mortality data has been updated through 1998; and the aerial survey data and manatee mortality data is available through December, 1998. Ms. Clinger stated the Club is requesting the Board obtain the new data on abundance and mortality; and revisit and strengthen the Plan's recommendations in the areas identified by FDEP as being insufficient. Ms. Clinger stated the Club is requesting the Board obtain the new data, revisit and strengthen the Plan's recommendations based on what is warranted by the data, hold all future discussions of the Plan in the public and before the Board so that all the Club members who live in each Commission District have representation during the discussion, schedule future meetings in the evening so more people can participate, and come to resolution in no longer than 60 days. She noted the Club is willing to look at any compromises in the Plan as long as they do not put manatees at additional risk and are supported by scientific data.

Henry Bierdz, representing the fishermen, stated everyone is talking about boats killing the manatees; but he has never heard anybody say a fisherman has killed a manatee with his fishing line; and he does not know who made the rule of no more wading at the Port St. John Florida Power and Light Company power plant, but he would like to see it rescinded.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Commissioner O'Brien stated the "No Entry Zone" was placed by the power plants because of the warm water; and they are concerned that the manatees could be harassed by individuals, including fishermen wading, and forced into colder waters.

Mr. Bierdz stated the power plant to the north of the FP&L Company plant does not stop people from wading. Chairman Scarborough requested Assistant County Manager Stephen Peffer find out the answer and advise Mr. Bierdz by letter.

Robert White stated the Board should take the Manatee Protection Plan as a group and work on it, and no longer have one Commissioner working it; this has gone on for six years; the Board as a group can resolve the issues faster than one person; and urged the Board to act as a group on the Plan.

Laurilee Thompson, representing Dixie Crossroads, stated Brevard County is seen by other counties in the State of Florida as a leader in the nature tourism industry; it would be a serious error in judgment to market the area to these enlightened travelers without having the strongest manatee protection plan in the State in place when the marketing effort begins; and the County has an opportunity now to be a leader in conservation and education.

Mary Todd, representing the Sierra Club, stated the entire Board needs to discuss the Manatee Protection Plan with David Arnold of DEP; such discussion needs to take place at an evening meeting so all parties involved in the negotiations can hear from the citizens of Brevard County; increased law enforcement efforts are essential to the survival of the manatee; and the education initiative cannot be successful without a paid coordinator, and a guaranteed funding source agreed upon by the Board and Mr. Arnold. She stated the Sierra Club is further concerned with habitat protection, boat speed zones and boat facility siting; and requested the Board schedule an evening meeting where the entire Board can negotiate with Mr. Arnold to insure that the Manatee Protection Plan will provide adequate manatee protection.

Kenny Boyd stated the reason the Manatee Protection Plan has not been raced through is because DEP knew it had a Board with a majority of people who were not in support of the draft plan, which was originally written by the Natural Resources Department; the individual who helped draft such plan was Sandra Clinger; and she is now a lobbyist for Save the Manatee Club. He noted the whole process to formulate this Plan was started by a governor over a decade ago based on poor scientific data which was not accurate; the Save the Manatee Club wants to eliminate the public's input; the Plan has a majority of regulations falling in Commission Districts 1 and 2; and Districts 3, 4 and 5 have very little restrictions. Mr. Boyd stated by adopting this Plan, there is no agreement with DEP to remove any of its rule-making authority; it still has the authority to add additional regulations such as slow speed zones, marina siting and no boating entries; adoption of this Plan does not benefit the County; and there is no way to quantify that the manatee will be protected any more than what it is now.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Sharon Tyson stated she is a private consultant who has done manatee research in Brevard County very extensively for the last 11 years; the County is the most important area for manatees on the East Coast; the entire Board should be participating in this process to better represent all the citizens; and requested the Board consider not weakening manatee protection that already exists.

Charles Moehle stated this issue is far-reaching and needs deliberate and thorough study; there is no race going on; a study needs to be done to see how many manatees the Lagoon can support without infringing upon the habitat of the other species and creatures, including man; manatees are big eaters of seagrass and destroy massive amounts of it; and they are polluters. He noted the population of manatees in Cocoa Beach are pretty big; the County needs to find out how much, economically, it can support this burden; it has created a situation where the manatees are coming here; it seems to be creating a condition where it wants to bring all the manatees here; and it cannot afford all of them, as they will destroy the habitat.

Ron Pritchard stated the Manatee Protection Plan as presented to the FDEP in 1997 represents the needs of the community, as well as the needs of the environment to enhance the tenure of the manatee; the Plan was developed and refined by an ad hoc committee and voted upon by the Board; it must be a well-balanced plan, as both sides are upset; however, what is very unpleasant and insidious about these types of plans are the global activities that they create. He noted although individuals might think manatee protection is all in the water, that is simply not the case; land use regulations, comprehensive plan changes, and creation of ordinances and laws are all part of the Manatee Protection Plan; the Plan will affect homes and property, and result in loss of property rights; and it will create more laws, tax increases and user fees to pay for saving the manatee.

Commissioner Higgs stated the Board needs to look at the 1996 Plan in terms of the recommendations that are there, and determine where it wants to go with such Plan; there were many changes made in the draft brought to the Board by the ad hoc committee that she did not support; and it needs to go back to the original committee draft and decide where it wants to go. She noted the Board needs to get the new data, schedule a meeting, and determine what it wants to submit to DEP.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to schedule a meeting within 45 days to review the Board's position on the draft of the original Manatee Protection Plan, and get the up-to-date data for the Board to review.

Commissioners Scarborough, O'Brien and Voltz advised of their objections to the motion.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Discussion ensued concerning additional updated data, habitat provisions, additional Florida Marine Patrol officers, further discussions with DEP, financial impact study, water quality improvements, protection of manatees, speed and seasonal zones, transmittal of the original Manatee Protection Plan with changes, amendment of the ad hoc committee's draft plan, habitat protection, law enforcement, boat facility siting, education, seasonal power plant exclusion, water sport zones, and broad open-based discussion on the Plan.

Chairman Scarborough called for a vote on the motion. Motion did not carry; Commissioners Higgs and Carlson voted aye, Commissioners Scarborough, O'Brien and Voltz voted nay.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to direct staff to schedule an evening meeting with Department of Environmental Protection (DEP) within 45 days to discuss manatee protection issues, and provide the new data to the Board. Motion carried and ordered unanimously.

The meeting recessed at 12:10 p.m. and reconvened at 1:10 p.m.

ADMINISTRATIVE APPEAL TO COMPREHENSIVE PLAN AMENDMENTS, RE: WETLANDS

Michael Moehle, President of Citizens for Constitutional Property Rights of Brevard, Inc., stated the type of wetlands being discussed today can have oaks and pines growing on them, and are not necessarily covered with water at any time during the year; in order to be considered a wetland, water needs only to extend into the root zone for four weeks out of the year; a lot of people own wetlands and do not realize it; and the St. Johns River Water Management District's Upper Basin Project has created tens of thousands of acres of wetlands in Brevard County in the last 10 years. He noted there is no shortage of wetlands in Brevard County and there is not going to be; the District, FDEP and U. S. Army Corps of Engineers highly regulate development within wetlands; and inquired does Brevard County want to get into the regulation of wetlands. Mr. Moehle stated property owners and taxpayers have been excluded from the negotiation process which has been ongoing for several years; it is not appropriate for the Board to take action on something where the taxpayers have not been included; however, the taxpayers have been included in Item 3 which authorizes staff to proceed in preparing for administrative hearing; and the taxpayers were involved when the Board originally adopted the necessary change to the Comprehensive Plan which has been negotiated now for three years since the environmental groups intervened. He requested County staff move forward with administrative hearing on what the Board has already done in the past.

Mary Todd, representing the Sierra Club Turtle Coast Group, stated the Club is an intervenor under Florida Statutes, Chapter 120; it hopes it will not be too long before this issue is finally resolved with language that promotes the long-term well-being of Brevard County; the intervenors' proposed language has been distributed in the agenda packet for the Board's review; and the Club hopes the Board will agree it is the kind of language it wants in the Comprehensive Plan. She noted the Club requests the Board authorize County staff to work with the Club on any questions it may wish to explore.

Charles Moehle, President of Modern, Inc., stated his Company either owns or manages directly over 125 acres of undeveloped commercial and industrial land in Brevard County; 98% of those lands are affected as all the parcels probably have some wetland, according to the current definition the County uses; and the lands he represents are those that had concurrency, land use and zoning in 1988, when the original Comprehensive Plan was adopted. He noted these types of situations were thoroughly discussed and the lands were not to be interfered with in not allowing any development or taking away property rights; that is what the staff interpretation did; and the Board needs to authorize staff to proceed with administrative hearing.

Chairman Scarborough inquired is the current Comprehensive Plan subject to Bert-Harris; with County Attorney Scott Knox responding negatively. Chairman Scarborough stated if the Board stays with the currently Comprehensive Plan, it is not subject to Bert-Harris; a liberalization of the current Comprehensive Plan is not subject to Bert-Harris; and as long as it is a liberalization of the current Comprehensive Plan, there theoretically is not a taking. Attorney Knox responded that is correct; there would not be the devaluation issue; and the taking issue is not Bert-Harris, but a devaluation issue. Chairman Scarborough stated the County has a current Comprehensive Plan; and the proposed mediation language, if it is less stringent, cannot trigger a Bert-Harris. Attorney Knox responded that is correct; however, the criteria set forth in the proposed mediation language is different than the criteria set forth in the current Comprehensive Plan; the County has a history of how it interprets the current Plan; if it gets into new language that has new criteria, it has to establish that history; and depending on how it interprets that, it may or may not be more restrictive depending on the Board's decision on a case-by-case basis.

Doug Robertson, representing owners of property located in the vicinity of the proposed I-95 interchange and connector road, stated it is unfortunate that the owners have had their caboose tied to the train for over two years; the intervenors have also intervened against the location of the proposed I-95 interchange; and it is a done deal and the interchange is being constructed. He noted a Comprehensive Plan Land Use Amendment was processed for his client in the vicinity of the connector road for Mixed Use, was approved by the Board, and was acceptable to Department of Community Affairs (DCA); however, they have been held up for over two years as the location of the interchange has not been resolved because the wetland issue has not been resolved; and they need to get on with their business. Mr. Robertson requested the Board move this issue ahead to administrative hearing and get it resolved once and for all.

ADMINISTRATIVE APPEAL TO COMPREHENSIVE PLAN AMENDMENTS, RE: WETLANDS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize staff to proceed with administrative hearing.

Commissioner Higgs stated the County is close to language that would be acceptable; and she does not favor turning it over to let the State decide something the Board can decide.

Commissioner Carlson stated the Board is trying to better define its original Comprehensive Plan language and the proposed mediation language; it has not passed the stipulated settlement agreement, but is better defining the stipulated settlement; and if the Board cannot agree on it, she does not have a problem going to a 120 hearing.

Discussion ensued concerning wetland inventory, forested wetland, wet flatwood, wet prairie, hydric swamp, and scrub habitat.

Commissioner Carlson noted the County has a wetland inventory; and inquired what is defined as endangered wetland and non-endangered, and how does the County rate them.

Assistant County Manager Stephen Peffer responded the wetland inventory is not broken down into those categories and is not easy to identify; staff has some working history of trying to do that with land use codes it receives from the State; aerial interpretation alone is not sufficient and requires ground truthing; but it can be accomplished.

Commissioner Higgs stated another way to resolve the issue would be to withdraw the Comprehensive Plan Amendment as proposed and go back to the original language.

Commissioner O'Brien stated the County has not come this far to go back to the original non-changed part of the Plan; government should not be so cumbersome; the Board has to respect individuals' property rights; and his motion still stands to prepare for administrative hearing.

Kim Zarillo, representing Florida Native Plant Society, stated she concurs with Commissioner O'Brien concerning burdening the people with undue litigation and regulation; based on the new data, the Society requests the Board to reconsider; it is still working on the same goal to separate out the planning issue from the development activities; there are those land use designations on the Future Land Use Map as of a certain date which happens to be the date of the original adoption; and requested such designations already on the map go forward. She noted if the property has hard wood hammock, the memorandum of 1995 indicates that is not a designated endangered wetland; but there is a small portion of those left in Brevard County and should be considered as special. She stated the Comprehensive Plan Act requires that the County not only look at the quantity of the wetlands that may be impacted, but also the location and types of the wetlands; and a lot of the work has already been done, and would not require millions of dollars to do. Ms. Zarillo stated the Society is requesting the concept of its language be accepted by the Board; there are concerns in certain areas of Conservation Element Item 3; and requested they be addressed, so this issue can be settled without going to 120 hearing.

Commissioner Voltz stated Brevard County is not going to have a net loss on any wetlands; the Board allowed 45 days and she assumed someone was going to come back with something solid to make a decision based on the information it had, but more time is being requested; and the Board should move forward and go with the 120 hearing.

Chairman Scarborough stated there are some things in the proposed mediation language that seem clearer and better stated than the stipulated settlement agreement; and he also has questions.

Chairman Scarborough called for a vote on the motion. Motion did not carry; Commissioners O'Brien and Voltz voted aye, Commissioners Scarborough, Higgs and Carlson voted nay.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, to direct staff to provide additional information to the Board concerning questions from the Commissioners and public, including an analysis of what is occurring under the Bert-Harris Act and the historic taking concepts; definitions concerning forested wetland, wet flatwood and wet prairie, massive infrastructure and traffic levels; and schedule the item on the agenda in three weeks for consideration by the Board.

Commissioner Higgs requested the motion include additional information on the effect of the February 23, 1996 date being changed to the date the Board adopts the ordinance or the date it is accepted by Department of Community Affairs (DCA), acreage of forested wetland, wet flatwood and wet prairie currently in Brevard County and their effect, and analysis on the impact of wetlands by proposed roads, such as Palm Bay Beltway.

Commissioner Scarborough stated Commissioner Higgs' concerns are incorporated in his motion.

Commissioner Carlson seconded the motion.

County Attorney Scott Knox recommended the Board keep the existing administrative hearing dates in April.

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

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN AVON-BY-THE- SEA - CAPE HACIENDA CONDOMINIUM ASSOCIATION AND LISA DEYOUNG

Chairman Scarborough called for the public hearing to consider resolution vacating right-of-way in Avon-By-The-Sea, as petitioned by Cape Hacienda Condominium Association and Lisa DeYoung.

Assistant Public Works Director Ed Washburn stated the applicant has requested the item be continued to April 6, 1999.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to continue public hearing to consider resolution vacating right-of-way in Avon-By-The Sea, as petitioned by Cape Hacienda Condominium Association and Lisa DeYoung, to the April 6, 1999 Board Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN SECTION 35, TOWNSHIP 24S., RANGE 36E. - WALTER H. DYER, III, TRUSTEE

Chairman Scarborough called for the public hearing to consider resolution vacating right-of-way in Section 35, Township 24S., Range 36E., as petitioned by Walter H. Dyer, III, Trustee.

Commissioner O'Brien inquired has there been any further problems with this item; with Assistant Public Works Director Ed Washburn responding there were six people who objected, but the problems were resolved and they no longer oppose it. Mr. Washburn advised the applicant has filed the necessary easement for Florida Power and Light (FP&L) Company; and there are no further objections.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN SECTION 35, TOWNSHIP 24S., RANGE 36. - WALTER H. DYER, III, TRUSTEE

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating right-of-way in Section 35, Township 24S., Range 36E., as petitioned by Walter H. Dyer, III, Trustee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO CHW INVESTMENTS & HHH ASSOCIATES ON BEHALF OF NATIONAL SERVICE SOURCE, INC.

Chairman Scarborough called for the public hearing to consider an ordinance granting an economic development ad valorem tax exemption to CHW Investments & HHH Associates on behalf of National Service Source, Inc.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Ordinance granting an economic development ad valorem exemption to CHW Investments & HHH Associates on behalf of National Service Source, Inc. d/b/a/ United Service Source, Inc., 9135 Ellis Road, West Melbourne, Florida 32904; 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 CHW Investments & HHH Associates on behalf of National Service Source, Inc. d/b/a United Service Source, Inc.; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO SOUTH TREND REALTY, INC. ON BEHALF OF UST, INC.

Chairman Scarborough called for the public hearing to consider an ordinance granting economic development ad valorem tax exemption to South Trend Realty, Inc. on behalf of UST, Inc.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Ordinance granting an economic development ad valorem exemption to South Trend Realty, Inc. on behalf of UST, Inc., 768 North Drive, Melbourne, Florida 32934; 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 South Trend Realty, Inc. on behalf of UST, Inc.; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FROM ANTHONY AND CATHERINE GALIE FOR VARIANCE TO BREVARD COUNTY COASTAL CONSTRUCTION SETBACK LINE

Chairman Scarborough called for the public hearing to consider request from Anthony and Catherine Galie for a variance to the Brevard County Coastal Construction Setback Line.

Edward Fleis, representing the applicants, stated the request is for a variance of 24 ? feet from the Brevard County Coastal Construction Setback Line; the Board voted against the request on February 9, 1999, but supported granting a 16-foot variance, subject to review by the applicants; the applicants would like to amend the request to a 20-foot variance; and requested the Board's support.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve request from Anthony and Catherine Galie for a 20-foot variance to the Brevard County Coastal Construction Setback Line, with stipulation that the applicants put the 10-foot excavation onto the dune and plant sea oats.

Commissioner Higgs stated the language in the Ordinance states the maximum extent of any variance granted in Section 62-4209 shall be the difference between 25 feet and the actual erosion experience on the property; staff indicated the actual erosion has been nine feet between 1972 and 1997 which is 16 feet, and is what the Board reviewed the last time; and inquired if the Board grants the 20 feet, is it in conflict with the Ordinance.

County Attorney Scott Knox responded the Ordinance language is pretty clear; and the Board could amend the Ordinance if it chooses.

Commissioner Voltz withdrew the motion, and Commissioner O'Brien withdrew the second.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to direct staff to review the County's Ordinance pertaining to variances to the Brevard County Coastal Construction Setback Line to allow some flexibility. Motion carried and ordered unanimously.

Commissioner Higgs recommended the request from the applicants be tabled to the March 16, 1999 Board meeting to allow the County Attorney and Mr. Fleis to present how this might qualify as a non-conforming structure.

Commissioner Voltz stated she would rather not change the Ordinance and be able to work it out. Chairman Scarborough concurred with Commissioner Voltz's comment.

PUBLIC HEARING, RE: REQUEST FROM ANTHONY AND CATHERINE GALIE FOR VARIANCE TO BREVARD COUNTY COASTAL CONSTRUCTION SETBACK LINE

Commissioner O'Brien inquired what happens if it does not work; with Chairman Scarborough responding the Board will have to go to the Ordinance.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to table request from Anthony and Catherine Galie for a variance to the Brevard County Coastal Construction Setback Line to the March 16, 1999 Board meeting, to allow the County Attorney and Ed Fleis to determine how it might qualify as a non-conforming structure. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE REVISING MANDATORY SEWER CONNECTION REQUIREMENTS

Chairman Scarborough called for the public hearing to consider an ordinance revising mandatory sewer connection requirements.

Commissioner Higgs noted staff mentioned changing the term "septic tank" to "onsite sewage treatment and disposal system"; and requested it be included in the motion.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Ordinance of the Board of County Commissioners of Brevard County, Florida, amending Section 110-66 (d) of the Brevard County Code of Laws and Ordinances, revising mandatory sewer connection requirements; providing for severability; providing for an effective date; and changing term "septic tank" to "onsite sewage treatment and disposal system." Motion carried and ordered unanimously.

EXTENSION OF TIME FOR MANDATORY SEWER CONNECTION, RE: GROVE AND MCLEOD STREETS SEWER AND STORMWATER INSTALLATION PROJECT AREA

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution extending time for mandatory sewer connection to five years for the Grove and McLeod Streets Sewer and Stormwater Installation Project area. Motion carried and ordered unanimously.

REQUEST FOR PAYMENT PLAN OF SEWER CONNECTION FEES, RE: GROVE AND MCLEOD STREETS SEWER AND STORMWATER INSTALLATION AREA

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve request for sanitary sewer connection fee installment payment plans from the owners of existing businesses in the Grove and McLeod Streets Sewer and Stormwater Installation Project area. Motion carried and ordered unanimously.

REPORT, RE: ANIMAL LICENSE TAG SALES

Commissioner Voltz recommended a referendum for animal control in November, 1999; and stated it may be the only way to resolve the issue financially. She stated it is a Countywide problem.

Dr. Stephen Grigsby, representing Brevard County Vet Medical Association, stated he concurs with Commissioner Voltz; the fee for animal license tags has increased; the tags are meant to help fund Animal Control; the primary purpose for those tags is to identify those animals which are vaccinated for rabies; and the role of the veterinarian is to be a public health attendant to help out the County Health Department and identify any and all those animals that do or do not have rabies vaccinations. He noted Animal Control operates on a very small budget which makes it very difficult; the County veterinarians have decided to sell tags on a trial basis to see if they can get some resolution to this issue; and the Association agreed to decrease the fee to $5.00. Dr. Grigsby stated the second issue is not to associate the rabies tag and license tag together; it is a major concern of the veterinarians in Brevard County; and inquired what is the use of a licensed animal without a rabies vaccination. He noted they are not in it for the money, but the public health; they are looking to identify the animals and get them vaccinated; the only way they are going to get to that is to find an alternate source for Animal Control; and once that is accomplished, there will be a better grasp on the situation.

Commissioner Higgs stated there are appropriate times to go to referendum, but the Board may be able to solve this issue; the veterinarians decided some years back that they did not want to sell tags; and there seems to be two methods that would work--the computerized system and the sale of tags through retail outlets.

Commissioner Voltz stated the County does not have the money to fund Animal Control properly; it is a tremendous health issue for Brevard County; the cities need to be involved; and she supports both options.

County Manager Tom Jenkins stated staff would encourage the Board to include allowing the veterinarians, retail outlets, and animals shelters to sell the tags as it would give the County maximum exposure with its automated pre-notification system.

REPORT, RE: ANIMAL LICENSE TAG SALES

Chairman Scarborough stated the veterinarians would like to have the animal license tags be free as it is a health and safety issue; they are already charging to treat the animal; but they have agreed to sell the tags for $5.00. He noted the more animals the County has tagged, the more revenue is produced; and the better it handles the health and safety issue.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize using the pre-notification on renewal for animal license tags as used in Palm Beach County; grant permission to sell the tags at retail outlets, veterinarian offices, animal shelters, and other appropriate places; and approve the acquisition of equipment for pre-notification purposes. Motion carried and ordered unanimously.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to establish a policy that the County collect $4.00 on the sale of each animal license tag.

Vice Chairman Higgs advised of her opposition to the motion; stated the County's current revenues do not justify that amount until it gets the system up and running; it should leave the fees as they are presently which is $8.00 and $10.00; and if the system is in place at a later time and the County can reduce the fees, that is fine.

Commissioner Scarborough stated it is a tremendous inconvenience not to have the vets sell the tags; when the County increases the price of the tags, it has a loss of revenue; the more tags that are sold, the more revenue there is; and it should not be price driven, but driven on what is best for the community.

Commissioner Carlson inquired can the County have a specific agreement with the veterinarians to have a flat rate. Commissioner Scarborough stated the County receives $4.00 and those selling the tags determine their own price; therefore, it does not get into everybody's business because it has been a problem in the past.

Mr. Jenkins noted there needs to be flexibility in the rates; and the number of tags Palm Beach County sells goes up significantly when it does the notification process.

Commissioner Carlson inquired are the veterinarians in Palm Beach County included in the process; with Animal Control Director Joe Ward responding they are required under the Ordinance to sell the tags. Mr. Ward advised Palm Beach County increased the price of its tags as it went into the notification system; the veterinarians have to provide the animal control organizations copies of all rabies certificates; and its fees increased from $15, $20, $25 to $35. He noted Palm Beach County is bringing in approximately $3.5 million in tag sales.

REPORT, RE: ANIMAL LICENSE TAG SALES

Dr. Grigsby stated if tag sales could be reduced to a nominal fee, such as $5.00, it may be a reasonable area to stay at.

Commissioner Voltz stated there is an inequity when the County has a few people who are paying $5.00 for a tag and the majority of the residents are the ones that use Animal Control; it is not the people who own the dogs, it is primarily those people who do not own pets; and they are concerned about their neighbors' pets coming in their yards. She stated the County is charging a few people to fund Animal Control for the entire County; and it is not fair to do that. She noted the best way to handle this is through a referendum; whatever process the Board decides on needs to be reviewed in a year; and if it does not do well, the issue needs to go to referendum.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reduce the fees for animal license tag sales to $5.00; and authorize the Animal Services and Enforcement Director to request rabies vaccination data from the veterinarians. Motion carried and ordered; Commissioner Higgs voted nay.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

REPORT, RE: RECOVERY OF WAIVED TAXES

Commissioner Voltz inquired if the County has to collect back taxes, who would it affect and how much would it be; with Economic Development Director Greg Lugar responding it is approximately $14,000 total that the three companies would receive in tax abatement.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Option 3 for recovery of waived taxes, to (1) redraft rescinding ordinance(s) to include recovery language of the select companies that received benefit from tax abatements; (2) put all current and future beneficiaries on notice of the Board's intent to recover any taxes abated while the company was not eligible under the program; (3) amend exemption ordinance and program applications to identify this condition; and (4) amend the annual report form for those current beneficiaries of the tax abatement program to identify this condition. Motion carried and ordered unanimously.

PERMISSION TO TRANSFER FUNDS, RE: LOCAL OPTION GAS TAX AND CONSTITUTIONAL GAS TAX FUNDS

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to transfer funds in the amount of $2,500,000 from Constitutional Gas Tax Funds to partially pay the annual debt service payment for the 1994 transportation bond issue, currently being paid by Local Option Gas Tax Funds; and approve Budget Change Request. Motion carried and ordered unanimously.

MODIFICATION OF CAPITAL IMPROVEMENTS PROGRAM, RE: WATER RESOURCES DEPARTMENT

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Modification of Water Resources Capital Improvements Program to provide for the onsite generation of chlorine bleach at the North Brevard Water Plant, South Beaches, South Central, and Sykes Creek Regional Wastewater Treatment Plants; and authorize advertisement of bids, with award to the lowest responsive bidder, for the construction of the improvements. Motion carried and ordered unanimously.

RESOLUTION, RE: INSTRUCTING TAX COLLECTOR NOT TO MAIL NOTICES TO TAXPAYERS WHEN TAXES ARE LESS THAN $5.00

Chairman Scarborough stated Tax Collector Rod Northcutt advised that the Chapter in Florida Statutes should be 197.212.

Commissioner O'Brien inquired why the Tax Collector does not do it, and since when can the Board direct the Tax Collector to do anything.

Chairman Scarborough noted the cost exceeds the benefit.

County Attorney Scott Knox advised the Chapter states, "On recommendation of the Tax Collector, the Board of County Commissioners may adopt a resolution instructing the Tax Collector not to mail tax notices to a taxpayer when the amount of taxes shown on the tax notice is less than $5.00."

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution instructing the Tax Collector not to mail notices to taxpayers when taxes are less than $5.00. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - SAMUEL LOPEZ, RE: ISSUES SURROUNDING AND LEADING UP TO THE TRANSFER OF ROSE BORGES FROM THE COUNTY ATTORNEY'S OFFICE

The Board rescheduled personal appearance of Samuel Lopez, United Third Bridge, Inc., to the March 23, 1999 Board meeting.

TEMPORARY USE AGREEMENT WITH BRIAN AND HEATHER CALLIGAN AND GOLDEN EAGLE ENGINEERING CONTRACTORS, INC., RE: STORAGE OF CONSTRUCTION MACHINERY, MATERIALS AND EQUIPMENT

Chairman Scarborough stated staff advised him it would be better to take the route from Hammock Trail to North Carpenter Road rather than Turpentine Road.

William Borowski, representing Golden Eagle Engineering Contractors, Inc., stated it would be better for his Company to have the Turpentine route as it is more directly to the site.

Chairman Scarborough stated there are people living on Turpentine Road who are very upset with that route.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Temporary Use Agreement with Brian and Heather Calligan and Golden Eagle Engineering Contractors, Inc. for storage of construction machinery, materials, and equipment in conjunction with replacing two low-level bridges on S.R. 46, and using Hammock Trail to North Carpenter Road. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

ACCEPTANCE OF LAND DONATION FROM HOLY TRINITY EPISCOPAL ACADEMY, INC., RE: MITIGATION WITHIN COASTAL SCRUB ECOSYSTEM CARL PROJECT BOUNDARY

B. B. Nelson stated this is a donation and mitigation of land within the Coastal Scrub Estuary; the Holy Trinity Episcopal Academy, Inc. is building a church and school; the County is being asked to participate in extortion and blackmail; and inquired does the Board know of any church group that is willing to donate 60 acres of land and give it $60,000 to maintain it. He requested the Board move with caution in accepting this item and work out some other method; and stated he is not objecting to the location and what the church is trying to do, but he is opposed to what it is being forced to do and calling it a land donation.

Commissioner Higgs stated this is consistent with what the Board has done in the past.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to accept land donation from Holy Trinity Episcopal Academy, Inc., contingent on proof of marketable title, title insurance policy, a boundary survey, and acceptable environmental assessment for hazardous waste for mitigation within the Coastal Scrub Ecosystem CARL Project boundary. Motion carried and ordered unanimously.

PUBLIC COMMENT

Charles Moehle stated he assumed there is a provision to protect the property owner if he does not get a tax bill; under law, the owner is required to pay the taxes whether he gets notices or not; and inquired how is that covered.

County Attorney Scott Knox responded once the Board tells the Tax Collector not to send the tax bill out, the taxpayer does not get a notice of delinquent taxes which is what triggers all the other things that eventually end up with the property getting sold; and it cuts it off right there.

Mr. Moehle noted this is an exception in the Statute, and it does not matter whether the owner gets the tax bill or not, he is liable for the taxes; with Attorney Knox responding not for the $5.00, as it is a waiver of the tax.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 3:24 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)