The Board of County Commissioners of Brevard County, Florida, met in regular session on August 24, 1999, at 9:03 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.

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of May 20, 1999 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: AGENDA ITEMS

County Manager Tom Jenkins advised the applicant of Item III.A.1. advised of the name change from Viera Center Commercial Subdivision to Viera East Market Center. Mr. Jenkins recommended Item III.A.2. be withdrawn and rescheduled for August 31, 1999; Item IV. F. be deleted, and Items IV.K. and VI.A.2 be tabled until September 14, 1999.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the changes to the Agenda as recommended by the County Manager. Motion carried and ordered unanimously.

REPORT, RE: MEETING WITH CONGRESSMAN BILL McCOLLUM

County Manager Tom Jenkins advised a meeting has been scheduled with Congressman McCollum for August 31, 1999, at 11:00 a.m. in the Space Coast Room.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the meeting scheduled with Congressman Bill McCollum for August 31, 1999. Motion carried and ordered; Commissioner Higgs voted nay.

REPORT, RE: AGENDA ITEMS

Commissioner O'Brien removed Items III.A.7. and III.B.5 from the Consent Agenda.

REPORT, RE: STORMS ON MERRITT ISLAND

Commissioner O'Brien advised there were fierce storms on Merritt Island, and some of the homes got water in them.

REPORT, RE: APPROPRIATIONS REQUEST FOR PINEDA LANDING PARK

Commissioner Carlson recommended a request for $1.2 million to improve Pineda Landing Park be included in the legislative package, as people are parking along the Causeway which is hazardous.

Chairman Scarborough recommended the item be placed on the agenda next week.

REPORT, RE: AIRBOAT PROBLEMS IN LAKE POINSETT

Commissioner Carlson advised that airboats are operating at all hours of the night in Lake Poinsett; and recommended staff address that problem by extending the zone where they can operate so it is not too close to property lines. She stated it is about 300 feet now and should be pushed out farther.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to direct staff to study the problem with airboats operating at night in Lake Poinsett, consider extending the boundary so they can operate farther from the property lines, and return with recommendations. Motion carried and ordered unanimously.

REPORT, RE: LOCAL MITIGATION STRATEGY STEERING COMMITTEE PRESENTATION

Commissioner Carlson advised she neglected to warn the Board that she was trying to get the Chairman of the Local Mitigation Strategy Steering Committee to do a ten-minute presentation on the deliverables they put together; and requested the Board indulge ten minutes for Mr. Bennett Boucher, City Manager of Cape Canaveral and Chairman of the Committee, to speak on strategy, what it entails, where they started, and where they are now. She stated September 1st is the deadline for getting the deliverables to Department of Community Affairs; and she wanted Mr. Boucher to make a presentation to the Board prior to the deadline. She stated Dave Palmer, President of Emergency Research Planning and Management, is the contractor who Brevard County hired to help with this effort; and he has a power point presentation included in the packet given to each Commissioner.

Bennett Boucher, Chairman of the Local Mitigation Strategy Steering Committee, gave a slide presentation on behalf of the Space Coast Local Mitigation Strategy Work Group, and presented an overview of what they have accomplished since September, 1998. He stated the Work Group is comprised of representatives from all municipalities and County staff; they received grant funding for the initiative from Department of Community Affairs; they entered into a Contract with Brevard County and all municipalities; and the first deliverables are due September, 1999. Commissioner Voltz requested an explanation of deliverables; with Mr. Boucher responding he will get into that. Mr. Boucher stated the 15 municipalities and County staff came together to minimize the potential impacts of man-made and natural disasters to the communities, minimize human and economic cost of future disasters, address all types of hazards, and identify all types of disasters. He stated it is a continuing effort and a living document that can reduce vulnerability to the communities; it is a planning tool to help achieve grant funding; and it is one document that includes all cities and projects identified in each community. Mr. Boucher stated they teamed up with Space Coast Grant Writers Network; they looked at hazard identification, vulnerability assessment, need of mitigation initiatives, and local comprehensive plans and codes; and they justified and prioritized all the initiatives that were submitted, and incorporated them into the final document. He stated they tried to minimize the potential of flooding, storm surge, high wind hazards, accidents, and wild fires, addressed a lot of things that could happen in the County and communities, evaluated over 570 local facilities, and identified 447 mitigation initiatives as potential projects or programs. He noted out of 447, 370 went through the whole process and are part of the final strategy, and as they come on line, they will be incorporated in the document. He stated all local government comprehensive plans, development codes, and capital improvement projects were assessed; the document gives an outline of the participation of all communities and what they submitted; and from the largest to the smallest city, they all participated and submitted projects. He stated the document gives the types of projects that were prevalent when they evaluated the different initiatives; the majority were stormwater flood prevention, drainage projects, wild fires, public safety buildings, standby generators, etc. to protect public facilities and minimize impacts to communities; and each community will be asked to adopt and endorse the strategy. He noted when the County adopts its projects, all those will dovetailed in the final document that will be sent to Department of Community Affairs. Mr. Boucher advised the committee wrapped up everything yesterday but committed to stay together and try to keep the program going; and with the cities and County working together they would be able to accomplish a lot and make an impact to mitigate future disasters or problems in the communities. He stated each community has a priority of what it wants to do; it can elect what it wants to seek grants for when they are available; nobody is holding anyone to implement all the priorities or increase taxes; and they can be done when funds become available. He noted hopefully the State Legislature and FEMA will see what they will submit and grant funding comes to Brevard County to start knocking off some of the items. He stated the Steering Committee and the Work Group want to see communities become safer; it is an opportunity to link the County and cities together and stay connected to work on common problems; and if there are any questions Consultant Dave Palmer and Ron Birch are present to respond.

Commissioner Carlson stated the Board needs to thank all those involved; they worked very hard and achieved excellent cooperation in the joint planning process; the concern to make sure they have somebody or a group to oversee the process so they do not lose what they have worked hard to attain is valid; and in the handout, there is a letter to the Chairman regarding the deadline for the deliverables. She stated on the back is a proposed local mitigation strategy coordinator position which she would like the Board to discuss at some point so they can have follow up. She noted it is important, whether part time or full time, to have someone who keeps contact with the cities and State to see how this progresses. She stated she sent everyone copies of the resolution; it was the intent of the working group to have resolutions from all municipalities and the County to be delivered to Department of Community Affairs in a collective fashion which would give it more credibility and strength; and if the Board feels comfortable at this time, she would appreciate passage of the resolution. She stated the Board may be interested in the list of items for the sake of strategy; it is a big wish list because there is no identified funding source; they do not know where it will go after Department of Community Affairs reviews it; and inquired what is the pleasure of the Board.

Chairman Scarborough stated the Commissioners just received all the material; he wants to look at it and have staff advise him as well; and the Board should get things in a timely manner, so if there is a question, Commissioners can address it within his or her District, as these involve Road and Bridge, Parks and Recreation, etc. Commissioner Carlson stated Mr. Boucher said it would be okay to submit a resolution after the fact to Department of Community Affairs; and inquired if all the municipalities submitted resolutions; with Mr. Boucher responding by the end of September he should have everyone on board. He stated it is a living document that is subject to modification; the Steering Committee is committed to work on any additional requests that may come forward; they will be there to help steer the process in the future; but having a coordinator is paramount to help identify grants, coordinate, and keep cities together.

Commissioner O'Brien stated the Office of Emergency Management may be able to absorb the coordinator position and make it one of the duties of someone in his office; it is part time and can be done in two hours a week; and the Board does not need to hire someone to do grants because that would not be a full time job. Commissioner Voltz suggested Ron Birch get a job description of what that person would do for 40 hours a week or 10 hours a week. Commissioner Carlson stated it is in the packet and talks about all the things the coordinator would be responsible for. She stated she will bring it back as an agenda item to be discussed further. Mr. Boucher stated it is a policy decision the Board will have to make.

REPORT, RE: STATUS REPORT BY CONGRESSMAN DAVE WELDON

Commissioner Voltz advised she talked to Congressman Weldon who came at the beginning of a meeting last year to let the Board know what is going on in Washington; she does not know his schedule; but perhaps the Chairman would like to contact him.

REPORT, RE: STATUS REPORT BY CONGRESSMAN DAVE WELDON

Chairman Scarborough stated it can be done through Administration. Commissioner Voltz stated Congressman Weldon will only be here for another ten days, so it may not be until he returns.

REPORT, RE: WIDENING OF I-95

Commissioner Voltz advised at the MPO meeting they discussed supporting widening of I-95; and recommended staff prepare a resolution supporting the widening and moving up of the project, and send it to all the cities to get their support.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to direct staff to prepare a resolution supporting the widening of I-95 and moving it up on the project list; and to send copies of the resolution to all municipalities requesting their support. Motion carried and ordered unanimously.

REPORT, RE: STATUS OF MERRITT ISLAND REDEVELOPMENT AGENCY

Commissioner Voltz advised the Board does not get periodic updates of what is going on with Merritt Island Redevelopment Agency as far as projects; the annual budget does not tell the Board anything about projects; and she would like to see what they are doing and how it is getting done.

REPORT, RE: CHARTER AMENDMENTS

Commissioner Voltz advised in March 2000, there will be several referendums on the ballot; and inquired how the amendment regarding bonding will affect the County if it should pass. She requested something in writing on what that would mean, what it might have cost over the last several years if the Board was not able to bond, what projects would not have been completed, and how that would have potentially affected the County, so the Board can get an indication of how it might affect the future of Brevard County.

REPORT, RE: W. T. WELLS HOUSE

Commissioner Voltz advised last week she brought up the Castaways Point property and how she would like to see the City, County and State go into a cooperative effort to buy that property; and she has another piece of property today, the W. T. Wells house on U.S. 1. She stated Jim Culberson of the Historical Society looked at it; it is a wonderful piece of property; and she will give the information to staff to put the item on the agenda so the Board can consider purchasing the property with the State. She stated it is located on the river north of U.S. 192 on the east side; the old furniture is still in it; the books are still in the bookcase; the beds are still up; and it is an incredible piece of property.

Commissioner O'Brien stated the County should not keep purchasing more properties that need more maintenance; something like this should be worked with the State for grant funding; but the Historical Society should have fund raisers because that is the kind of buildings they should be purchasing on their own. Commissioner Voltz stated they have ideas on how to obtain funding for upkeep, such as have weddings and other activities, and make it a historical place that people pay to visit. Commissioner O'Brien stated if the Historical Society has ideas for funding, it can purchase the house; taxpayers do not want taxes raised to maintain it; the house in Rockledge cost over half a million dollars already; and the Board does not need any more of those types of properties. Commissioner Voltz stated she does not think the Board would want to tear this house down.

Commissioner Higgs stated the Williams House in Rockledge was a great deal of expense to bring it up and keep it from deteriorating; there have not been strong partnerships to make it accessible to the public; it is a very costly endeavor; and review of the Williams House's costs will give an indication of what this house may cost.

REPORT, RE: LEGISLATIVE REQUESTS AND ASSISTANCE

Chairman Scarborough advised he talked to Lynda Weatherman and has a call into Ed O'Connor to attend the open forum with the Legislative Delegation; and suggested Commissioners get their ideas together because it is a unique opportunity to work with the Delegation. He stated he and Representative Bill Posey discussed providing staff support for the Delegation; large counties do it; there are a lot of things happening in the rest of the State that is not happening in Brevard County; and the Board may want to discuss it. He stated in discussions with other Chairmen, one thing that came together was how counties become an integral part of the policy-making in Tallahassee; it is a critical step to have somebody on staff in the County who can run State issues because other counties have several people who do it; there is a lot of money coming from Tallahassee; and if the County is not out there working, it will not get any. Commissioner Voltz stated Sharon Luba does a good job keeping the Commissioners updated, but she is overworked.

Commissioner O'Brien stated this morning the Board talked about hiring a coordinator, buying an old building, and now hiring staff to assist the Legislative Delegation; and he wants to repeat to the Board that if it keeps doing that rather than containing costs, it will be walking into a tax increase. He stated the bubble of the economy is not going to last forever, and when it starts to go backwards, the County is going to be in deep trouble.

Chairman Scarborough stated the County would get a dollar back for every ten cents it spends on a person to handle State issues; it will have the capacity to follow those issues; Guy Spearman can only work where the Board directs him; and here the Legislative Delegation is not getting the support from the County that other counties are supplying their legislators. Commissioner Higgs recommended the item be put on the agenda for further discussion. Chairman Scarborough instructed the County Manager to place the item on the agenda.

REPORT, RE: INVITATION TO OTHER SENATORIAL CANDIDATES

Chairman Scarborough requested permission to write to other United States senatorial candidates, and invite them to have a similar forum with the Board as it will have with Congressman McCollum.

Commissioner Voltz stated the Board did not invite Mr. McCollum, he invited himself; and if others have enough initiative they would do the same thing. Chairman Scarborough stated it would not hurt if the County benefits from discussions to reach out and say it would like to share with them the concerns of Brevard County because there are unique concerns with the Space Center and other things, including the Port. He noted it will help Brevard County in the long run to have a U.S. senator who knows more about Brevard County. Commissioner O'Brien suggested a letter telling them the Board would like to meet with them, and if they do not write back, then they do not care about Brevard County.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Chairman to send letters to any declared United States senatorial candidate and request they come and learn more about the concerns of Brevard County and have a forum with the Board similar to the forum with Congressman McCollum. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.

Commissioner Voltz stated she does not object to it, but the Board did not invite Mr. McCollum, he invited himself, and others should also.

REPORT, RE: PRESENTATION BY LYNDA WEATHERMAN

Chairman Scarborough advised he talked to EDC Director Lynda Weatherman who has some things on the impact of the Space Program on the whole State; he is not certain if Congressman McCollum's time should be used in that manner; but he wants her to present information to Congressman McCollum that has been collected so he understands how important the Space Center is, not only to the County, by to the economy of the State.

REPORT, RE: AUTOCRATIC MANAGEMENT SEMINAR

Chairman Scarborough advised he received an informational packet that UCF is having a seminar dealing with how to move away from autocratic management to consumer focus; and he would like to attend it. He encouraged other Commissioners and staff to attend the seminar.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Chairman, Commissioners and staff to attend the Autocratic Management Seminar at UCF. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING OFFICE OF TOURISM DEVELOPMENT

Commissioner O'Brien read aloud a resolution commending the Office of Tourism Development for its accomplishments and receiving the Itinerary of the Year Award.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution congratulating the Office of Tourism Development for being the recipient of the Itinerary of the Year Award, and for its hard work and dedication to the community. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Bill Ellis who represented the Tourist Development Council. Mr. Ellis thanked the Board for supporting the TDC; stated the award was selected by participants and not judges; and it is the staff that made it happen. He stated the Council Bonnie King and Rob Varley are committed to continue to make tourism the number one economic effort in Brevard County.

RECOGNITION, RE: CDBG ESSAY PARTICIPANTS

Linda Graham of Housing and Community Development explained the program, and thanked the Board and Brevard Community College for its assistance in judging the essays.

Joan Buchanan of Brevard Community College presented scholarships to Rahkesha Gray, Jermaine Curry, Tramesa Patten, and Candace Craig. Commissioners presented trophies and certificates to the winners; and the Board applauded their accomplishments.

FINAL PLAT APPROVAL, RE: VIERA EAST MARKET CENTER

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final plat approval for Viera East Market Center, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

EASEMENT FROM TOPAZ OCEANFRONT DEVELOPMENT, INC., RE: BEACH ACCESS IN INDIALANTIC AREA

Acceptance of the Easement from Topaz Oceanfront Development, Inc. for beach access in Indialantic area, was removed from the Agenda and rescheduled for August 31, 1999, earlier in the meeting.

CONTRACT FOR SALE AND PURCHASE WITH RICHARD V. AND AH YEH DUTCHIK, RE: RETENTION AREA FOR SOUTH WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract for Sale and Purchase with Richard V. and Ah Yeh Dutchik for Lots 8, 9 and 10 in L.S.T. Estates for a retention area for South Wickham Road Widening Project, U.S. 192 to Nasa Boulevard, at $180,000; allocate $250,000 from Constitutional Gas Tax to the project to cover the cost of acquisition; and grant permission to bid sale and removal of the house located on the property. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #2 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract Modification #2 with Ranger Construction Industries, Inc. for Malabar Road Widening Project, Phase II, to relocate utility that was not depicted in the City of Palm Bay's utility relocation plans. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #6 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: DAIRY ROAD SOUTH WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract Modification #6 with Ranger Construction Industries, Inc., for Dairy Road South Widening Project, increasing contract price by $57,406.41 and time by 69 days to shift the driveway and median for Dairy Road Plant Farm and provide additional culvert; and approve release of 5% of the retainage for the project. Motion carried and ordered unanimously.

APPROVAL, RE: TEMPORARY LOAN FROM SOLID WASTE MANAGEMENT TO ROAD AND BRIDGE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve a temporary loan not to exceed $500,000 from Solid Waste Management Department Fund 4310 to Road and Bridge Program Fund 1420. Motion carried and ordered unanimously.

RESOLUTION, RE: ADOPTING PRELIMINARY ASSESSMENT ROLL FOR VALLY ROAD PAVING II MSBU

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution acknowledging preparation of the Preliminary Assessment Roll for the Vally Road Paving II 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.

CONSERVATION EASEMENT TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: MERRITT RIDGE BASIN 3 SURFACE WATER PROJECT, ALUM TREATMENT PLANT PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Conservation Easement dedicating 0.10-acre to the St. Johns River Water Management District for the Merritt Ridge Basin 3 Surface Water Project, Alum Treatment Plant. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH CROTON RIVER HOMEOWNERS ASSOCIATION, RIVER COVE OWNERS ASSOCIATION, INC., DEER RUN COMMUNITY ASSOCIATION, INC., AND TERRY AND BARBARA RILEY, RE: USE OF RIGHTS-OF-WAY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendments to Agreements with Croton River Homeowners Association for decorative wall and landscape entrance, River Cove Owners Association, Inc. for landscaping and maintenance of sign and sprinkler system, Deer Run Community Association, Inc. for entrance sign, and Terry and Barbara Riley for fencing, extending rights-of-way use for a five-year term beginning August 24, 1999. Motion carried and ordered unanimously.

AGREEMENTS WITH DEPARTMENT OF COMMUNITY AFFAIRS, AND DESIGNATION OF REPRESENTATIVE, RE: LOW INCOME EMERGENCY HOME REPAIR, WEATHERIZATION ASSISTANCE, AND WEATHERIZATION LOW INCOME HOME ENERGY ASSISTANCE PROGRAMS FUNDING

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreements with Florida Department of Community Affairs and designate Housing and Human Services Director as the County's authorized representative to sign, make changes, and execute necessary Program documents on behalf of Brevard County for the Low Income Emergency Home Repair Program, Weatherization Assistance Program, and the Weatherization Low Income Home Energy Assistance Program. Motion carried and ordered; Commissioner Higgs abstained.

APPLICATION TO FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY SERVICES, RE: STATE AID TO LIBRARIES FY 1999-2000 GRANT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve application to Florida Department of State, Division of Library Services, for the State Aid to Libraries FY 1999-2000 grant of approximately $1,078,054. Motion carried and ordered unanimously.

REQUEST TO PARTICIPATE IN CAPITAL REPAIRS, RE: SWIMMING POOLS AT JUNIOR HIGH SCHOOLS AND HIGH SCHOOLS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to commit $150,000 as a funding match with the School Board of Brevard County for required capital repairs to swimming pools at Jackson and Madison Junior High Schools and Titusville, Merritt Island, Satellite and Rockledge High Schools; and direct staff to identify the funding source within the FY 1999-2000 budget. Motion carried and ordered unanimously.

PERMISSION TO DECLARE BUILDING SURPLUS AND ADVERTISE FOR RFP'S AND BIDS, RE: WILLIAMS BUILDING

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to declare the Williams Building, structure only, as surplus, and authorize staff to request proposals from not-for-profit organizations interested in relocating the building at their expense; and authorize advertising for bids to sell the building. Motion carried and ordered unanimously.

AGREEMENT WITH COASTAL HEALTH SYSTEMS, INC., RE: NON-EMERGENCY INTERFACILITY TRANSPORT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Coastal Health Systems, Inc. to provide non-emergency interfacility transport services on a Countywide basis from October 1, 1999 through September 30, 2004. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST MASSAGE AND ALLIED HEALTH INSTITUTE, RE: RIDE ALONG PROGRAM WITH FIRE RESCUE UNITS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Space Coast Massage and Allied Health Institute to allow Fire Rescue to participate in the Ride Along Program. Motion carried and ordered unanimously.

APPROVAL, RE: ERRORS AND INSOLVENCIES TO 1998 EMERGENCY MEDICAL SERVICES ASSESSMENT ROLL

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve errors and insolvencies to the 1998 Emergency Medical Services Assessment Roll in the amount of $15,101.89 . Motion carried and ordered unanimously.

AGREEMENTS WITH CONFLICT ATTORNEYS, RE: LEGAL REPRESENTATION OF INDIGENT PERSONS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreements with Valerie Brown, Joseph D'Achille, Tony Hernandez, Ken Studstill, and Suzanne Taylor as conflict attorneys to provide legal representation of indigent persons in conflict criminal and juvenile court proceedings. Motion carried and ordered unanimously.

REQUEST FOR SEWER CONNECTION CHARGE INSTALLMENT PAYMENT PLAN, RE: CALVARY CHAPEL OF MERRITT ISLAND

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize Water Resources Director to accept a two-year installment payment plan for a sewer connection for Calvary Chapel of Merritt Island. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: SODIUM HYPROCHLORITE SOLUTION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, grant permission to bid and award the bid to the lowest responsible bidder for sodium hyprochlorite solution. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH BURNUP & SIMS TELCOM OF FLORIDA, INC., RE: NORTH BREVARD WATER SYSTEM IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 1 to Agreement with Burnup & Sims Telcom of Florida, Inc. for improvements to the North Brevard Water System, Carpenter Road and Holder Road water mains, increasing contract price by $3,045 for alternate construction to minimize impact to four oak trees. Motion carried and ordered unanimously.

EXTENSION OF USE AGREEMENT WITH SPACE COAST HABITAT FOR HUMANITY, RE: OPERATION OF THRIFT SHOP

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to extend Use Agreement dated August 27, 1996 with Space Coast Habitat for Humanity to operate a Thrift Shop in a building at the site of a former wastewater treatment plant for three additional years. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 99-17, BAREFOOT BAY WATER AND SEWER DISTRICT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance amending Ordinance No. 99-17, establishing the Barefoot Bay Water and Sewer District. Motion carried and ordered unanimously.

APPOINTMENTS, RE: BREVARD WORKFORCE DEVELOPMENT BOARD AND YOUTH COUNCIL

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to appoint Larry Garrison and Fred Ix to the Brevard Workforce Development Board, and Amos Stevens-Singleton, Ron Anderson, Fran Baer, Frank Chavers, Dr. Sandra Nixon-Jones, Randy Mutter, and Teresa Ponchak to the Youth Council. Motion carried and ordered; Commissioner Higgs abstained.

RESOLUTION AND BUDGET CHANGES, RE: AUTHORIZING DRAW FROM TAX- EXEMPT COMMERCIAL PAPER PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution authorizing a draw from the Florida Local Government Finance Commission tax-exempt commercial paper loan program to provide funding for renovation, rebuilding, and improvements to eight fire stations, and for Turner Road, Wrobel Place and Judy Kay Road MSBU projects; and authorize staff to make the necessary budget changes. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION OF CONSENT TO TRANSFER NON-EXCLUSIVE CABLE COMMUNICATIONS FRANCHISE FROM FALCON CABLE TO CHARTER COMMUNICATIONS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider a consent to transfer non-exclusive cable communications franchise from Falcon Cable to Charter Communications. Motion carried and ordered unanimously.

ACKNOWLEDGE AND ACCEPT, RE: REVENUE MONITORING REPORT FOR QUARTER ENDED JUNE 30, 1999

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to acknowledge receipt of and accept the Revenue Monitoring Report for the quarter that ended June 30, 1999. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF PRESCRIPTION CARD PLAN

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to acknowledge receipt of the Internal Audit conducted of the Prescription Card Plan for the period October 1, 1997 through September 30, 1998. Motion carried and ordered unanimously.

APPROVAL, RE: PAYMENT OF TAX CERTIFICATES FOR MSBU FORECLOSURES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve payment of tax certificates on parcels foreclosed for failure to pay the special assessment liens. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to appoint and/or reappoint Amy Todd to the Port St. John Public Library Advisory Board with term expiring December 31, 1999, and Bob Riley to the Melbourne-Tillman Water Control District, with term expiring September 30, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN SECTION 25, TOWNSHIP 26S., RANGE 36E. - A. DUDA & SONS, INC.

Chairman Scarborough called for the public hearing to consider a resolution vacating a right-of-way in Section 25, Township 26S., Range 36E., as petitioned by A. Duda & Sons, Inc.

Attorney Ken Crooks, representing A. Duda & Sons, Inc., advised a portion of the areas requested for vacating was deleted; the only part remaining is the middle 100 feet; it is unused and does not lead anywhere; and the road below it is already vacated. He noted it is not compatible with the Pineda extension.

Assistant Public Works Director Ed Washburn advised there were objections, but not on this portion of the property.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating right-of-way in Section 25, Township 26S., Range 36E., as petitioned by A. Duda & Sons, Inc. as amended. Motion carried and ordered unanimously.

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

Chairman Scarborough called for the public hearing to consider resolutions adopting the Solid Waste Special Assessment rates, fees and charges, and ratifying, confirming, and certifying the Solid Waste Special Assessment Rolls.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution adopting a schedule of annual rates, assessments and charges, to construct, operate and maintain a solid waste disposal system, against all improved real property within both the incorporated and unincorporated areas of Brevard County; providing for interest against delinquent assessments on improved commercial properties; and adopting a schedule of special rates imposed at time of delivery for the County fiscal year beginning October 1, 1999; Resolution approving the imposition of a solid waste impact fee on all newly improved real property within both the incorporated and unincorporated areas of Brevard County to help finance facilities required as a result of new development and new users; and providing for interest against delinquent impact fees on improved commercial properties for the County fiscal year beginning October 1, 1999; Resolution approving the imposition of an annual solid waste collection and recycling program special assessment for all improved residential real property and an annual recycling program special assessment upon owners of improved real property for implementation of the recycling program for all improved real property within the Brevard County solid waste collection and recycling program municipal service benefit unit; and providing for interest against delinquent assessments on improved commercial properties for County fiscal year beginning October 1, 1999; Resolution ratifying, confirming and certifying the annual collection and recycling program special assessment roll for the County fiscal year beginning October 1, 1999, and forwarding same to the Tax Collector's Office for collection in the same manner as ad valorem taxes are collected; and Resolution ratifying, confirming and certifying the annual disposal assessment roll for the County fiscal year beginning October 1, 1999 and forwarding the same to the Tax Collector's Office for collection in the same manner as ad valorem taxes are collected. Motion carried and ordered unanimously.

TEFRA HEARING, RE: RESOLUTION AUTHORIZING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR HOLY TRINITY ACADEMY PROJECT, SERIES 1999

Chairman Scarborough called for the public hearing to consider a resolution authorizing issuance of industrial development revenue bonds for Holy Trinity Academy Project, Series 1999.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution authorizing issuance of industrial development revenue bonds for Holy Trinity Academy project, Series 1999.

Economic Development Director Greg Lugar requested the Board open the hearing for public comments.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to open the public hearing for public comments.

Chairman Scarborough refused to accept the motion to open the public hearing; and inquired if it is required; with Mr. Lugar responding it is a TEFRA hearing that requires public comments be accepted. Chairman Scarborough stated the Board has never made a motion to open public hearings and would set an undue precedent. He inquired if there were public comments, and hearing none, accepted the motion and second to adopt the resolution.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING BOUNDARIES AND BENEFIT UNITS FOR EMERGENCY MEDICAL SERVICES

Chairman Scarborough called for the public hearing to consider an ordinance amending the boundaries and benefit units for emergency medical services.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance amending Article III, Chapter 42, Code of Ordinances of Brevard County, Florida; specifically amending Section 42-71 entitled "Definitions," Section 42-76 entitled "Certificate Application/Renewal," and Section 4292 entitled "Medical Direction," to provide for a change in the Florida Administrative Code; amending Section 42-75 entitled "Exclusive/Recognized Providers," to provide for a change in the Florida Administrative Code, a change in the naming of the franchise holder and EMS Benefit Units, and deletion of provider; amending Section 42-78 entitled "Boundaries of Emergency Medical Service Benefit Units," amending the name, number and location of emergency medical service benefit units; amending Section 42-88 entitled "Brevard County EMS Advisory Council," providing for changes to membership; amending Section 42-89 entitled "Emergency Medical Services Review Committee," providing for change in named designee and description of medical director; amending Section 42-91 entitled "Hearing Procedures; Complaint Resolution," providing for change from Chief of EMS and Fire Operations to Fire Chief, and to provide for a change in the Florida Administrative Code; amending Section 42-95 entitled "Rates" providing for the determination of the EMS Special Assessment fees; amending Section 42-98 entitled "EMS Services: Disasters/Emergencies," designating fire chief as authority for EMS services; providing severability; providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ESTABLISHING EMERGENCY MEDICAL SERVICES ASSESSMENT RATES

Chairman Scarborough called for the public hearing to consider a resolution establishing Emergency Medical Services assessment rates.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution establishing Emergency Medical Services assessment rates at $34.99 per billing unit per year for Brevard County Benefit Unit, and $52.30 per billing unit per year for Micco EMS Benefit Unit. Motion carried and ordered; Commissioner O'Brien voted nay.

PUBLIC HEARING, RE: ORDINANCE AMENDING FIRE CONTROL AND PROTECTION MSTU MILLAGE

This ordinance amending the Fire Control and Protection Municipal Service Taxing Unit millage, was withdrawn earlier in the meeting.

PUBLIC HEARING, RE: ORDINANCE ADOPTING REMEDIAL COMPREHENSIVE PLAN AMENDMENTS AMENDING THE FUTURE LAND USE MAP IN THE VICINITY OF I-95 AND PORT ST. JOHN INTERCHANGE

Chairman Scarborough called for the public hearing to consider an ordinance adopting remedial Comprehensive Plan amendments amending the Future Land Use Map in the vicinity of I-95 and Port St. John interchange.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled "the 1988 Comprehensive Plan," setting forth remedial plan amendments as specified within a stipulated settlement agreement between Brevard County and the Department of Community Affairs specifically relating to Section 62-501, Part XVIII, entitled "The Future Land Use Map Appendix" and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING REMEDIAL COMPREHENSIVE PLAN AMENDMENTS RELATING TO WETLANDS AND DUPLICATIVE POLICIES

Chairman Scarborough called for the public hearing to consider an ordinance adopting remedial Comprehensive Plan amendments relating to wetlands and duplicative policies.

Charlie Moehle advised Planning and Zoning Director Mel Scott said he would send him a letter on the interpretation of zoning boundaries.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled "the 1988 Comprehensive Plan," setting forth remedial plan amendments as specified within a stipulated settlement agreement between Brevard County, the Department of Community Affairs, the Sierra Club Turtle Coast Group, the Florida Audubon Society, the Indian River Audubon Society, the Florida Native Plant Society, the Conradina Chapter of the Florida Native Plant Society, 1000 Friends of Florida, and Howard Wolf relating to Section 62-501, Part I, entitled the Conservation Element, Section 62-501, Part XIII, entitled the Future Land Use Element; previously directed amendments by the Board to eliminate duplicative policies within Section 62-501, Part I, entitled the Conservation Element, Section 62-501, Part II, entitled the Surface Water Management Element, Section 62-501, Part III, entitled the Recreation and Open Space Element, Section 62-501, Part IV, entitled the Historic Preservation Element, Section 62-501, Part V, entitled the Housing Element, Section 62-501, Part VI, entitled the Potable Water Element, Section 62-501, Part VII, entitled the Sanitary Sewer Element, Section 62-501, Part VIII, entitled the Solid Waste and Hazardous Materials Element, Section 62-501, Part IX, entitled the Traffic Circulation Element, Section 62-501, Part X, entitled the Mass Transit Element, Section 62-501, Part XI, entitled the Ports, Aviation, and related Facilities Element, Section 62-501, Part XII, entitled the Coastal Management Element, Section 62-501, Part XIII, entitled the Future Land Use Element, Section 62-501, Part XIV, entitled the Intergovernmental Coordination Element, and Section 62-501, Part XV, entitled the Capital Improvements and Programs Element, and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ZONING RECOMMENDATION OF JULY 6, 1999, ITEM 1, CAPE CANAVERAL COMMERCIAL CORPORATION

Chairman Scarborough called for the public hearing to consider the recommendation of the Planning and Zoning (P&Z) Board, made at its public hearing on July 6, 1999, as follows:

Item 1. (Z9907401) Cape Canaveral Commercial Corporation's request for change from AU to BU-2 on 16.49? acres located on the southeast corner of the intersection of SR 524 and SR 520, which was recommended for approval by the P&Z Board.

Commissioner Carlson advised she spoke with the applicant and did not feel comfortable with the zoning; and they agreed to BU-1 on the entire parcel.

Iris Perrette, representing the applicant stated BU-1 is fine. Chairman Scarborough inquired if Gerry Laschober accepted the BU-1; with Mr. Laschober responding affirmatively.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item 1 as BU-1 on the entire parcel, as accepted by the applicant. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAT OF JUNE PARK - CATHY B. RHODEN

Chairman Scarborough called for the public hearing to consider a resolution vacating right-of-way in Plat of June Park as petitioned by Cathy B. Rhoden.

Cathy Rhoden advised she would like to vacate the road from Vine Street to Colorado; the house was built in 1927; it is very old and has never been remodeled; she lives there with her two-year old son; her property line ends at the edge of the house on the south side; and she would like to vacate it to expand and remodel the house, and install some type of enclosure so her son does not run into the canal. She presented pictures to the Board of the land and canal; and stated on the west side of the house is a septic tank and landfill; and there are complications on some things.

Assistant Public Works Director Ed Washburn advised there is a mistake on the front part; there were several objections from Public Works, Traffic Engineering, Land Acquisition, and Land Development; and they talked to the applicant about it. He stated Colorado Avenue is undeveloped right-of-way which runs a considerable distance east and west; in between Colorado Avenue and the right-of-way for Colorado Avenue on the south side is Melbourne Tillman drainage canal; and staff does not want it vacated because they may need it for the canal or future right-of-way.

Commissioner Voltz recommended the item be continued so she can work with Mr. Minneboo on a solution.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to continue the public hearing to consider a resolution vacating a right-of-way in Plat of June Park as petitioned by Cathy Rhoden until September 14, 1999, at 10:00 a.m. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAT OF SCOTTSMOOR AND SCOTTSMOOR LITTLE FARMS - HONEYCUTT & ASSOCIATES

This public hearing to consider a resolution vacating a right-of-way in Plat of Scottsmoor and Scottsmoor Little Farms as petitioned by Honeycutt & Associates was continued to September 14, 1999, earlier in the meeting.

NOMINATIONS, RE: AMERICAN HERITAGE RIVER UPPER ST. JOHNS RIVER BASIN ADVISORY COMMITTEE

Commissioner O'Brien advised there were three applications from Charles Moehle, Laurilee Thompson, and Michael Horne. Commissioner Carlson recommended Steve Morgan also be considered for nomination to the American Heritage River Upper St. Johns River Basin Advisory Committee; and described his experience.

Chairman Scarborough stated there are four nominations now; and inquired how the Board wants to handle it. Commissioner Higgs suggested each Commissioner write down three names and the three who have the most votes be nominated; and Commissioner Carlson suggested sending all four names to the Steering Committee, and requesting they all be appointed. Commissioner O'Brien stated they requested only three nominees. Assistant County Manager Stephen Peffer advised the Board was asked for three nominations, but he does not think all the parties will have all their nominees selected.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to nominate Charles Moehle, Laurilee Thompson, Michael Horne and Steve Morgan for appointments to the American Heritage River Upper St. Johns River Basin Advisory Committee; and instruct staff to send all four names to the Steering Committee with a request to appoint the four members. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

DISCUSSION, RE: NOTIFICATION OF LARGE REZONING PROJECTS

Chairman Scarborough advised staff provided the Board with options; however, what is not encompassed are total number of units, commercial square footage under roof, and environmental areas that will not be used and will have no traffic or offsite impacts.

Commissioner Voltz inquired if notices are sent to people within 500 feet of the property line; with Zoning Official Rick Enos responding yes.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to refer the Notification of Large Rezoning Projects back to staff to consider other options such as total units rather than acreage, environmental areas that will not be used and will not be used and will not have traffic or offsite impacts, and commercial square footage under roof. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: PARRISH PARK SCOTTSMOOR

This item was tabled to September 14, 1999, earlier in the meeting.

AWARD OF PROPOSAL #P-1-9-24 AND CONTRACTS, RE: HEALTH INSURANCE

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to award Proposal #P-1-9-24, Health Insurance, to Walgreens Health Initiatives for pharmacy services; Bradman/Unipsych for mental health/EAP services; Aetna US Healthcare for HMO; Health First Health Plans, Inc. for HMO; Health First, Inc., Parrish Medical Center and Wuesthoff Health Systems for hospital services-direct contracts; Space Coast IPA, Brevard Professional Network (Brevard Healthcare Coalition) and MIMA for physician services-direct contract; Employers Mutual, Inc. for claims administration services; Brevard Professional Network for utilization management services; and Brevard Partnership EPO and PPO for Brevard Partnership Plan Options for calendar year 2000; and authorize the Chairman to execute the appropriate Contracts. Motion carried and ordered unanimously.

Human Resources Director Frank Abbate advised there are 3,700 employees and retirees and total of 20,000 with dependents, making it the largest employee group in Brevard County.

DISCUSSION, RE: FLORIDA ASSOCIATION OF COUNTIES YEAR 2000 LEGISLATIVE ISSUES SURVEY

County Manager Tom Jenkins advised he received a survey and guessed at what the Board's position would be on the questions.

Commissioner Voltz inquired why a service charge and gas taxes were ranked medium; with Mr. Jenkins responding in the scheme of things it was not perceived as a monumental issue, but it can be changed. Commissioner Voltz stated it is always nice to get more money back. Mr. Jenkins noted he will change it to an H.

Commissioner O'Brien inquired what was Alachua County's decision by the Florida Supreme Court on privileged fees; with County Attorney Scott Knox responding the Supreme Court held a privilege fee amounts to a tax and is not authorized by General Law; therefore, they cannot impose it. Commissioner O'Brien inquired what is a privilege fee; with Mr. Knox responding it was some concoction that somebody dreamed up in Alachua County.

Commissioner Voltz stated page 3, Appropriations, Issues and General Comments, includes the Children's Services; she received a letter from the Children's Services Council regarding the issue of local match; and this item is asking the State for funding so the County does not have a local match. She stated the Board spent $101,000 this year; and if it can get this item through this year, it would not have to spend that money. She noted the Council is asking that the Board approve it.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Florida Association of Counties Year 2000 Legislative Issues survey with a change from M to H on page 2, Item F, and include funding for Children's Services Council without local match on page 3, Item K. Motion carried and ordered unanimously.

DISCUSSION, RE: COMMUNITY BENCHMARKING REPORT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to accept the Community Benchmarking Report.

Commissioner Carlson advised her office looked at different methodologies from other counties and how they dealt with their visioning process; there was some interesting information from Martin County; and presented copies to the Commissioners. She stated their Parks and Recreation budget started with their visioning process early in the year and finished in April 1999; and it is incorporated into their budget strategy. She stated their Community Center Operation and Programs have their mission statement, objectives, benchmarks, performance standards, performance measurement, outcome, and budgetary detail; and they have considered benchmarking based on other locales. She noted her office is going back to Martin County to find out how they did it. She stated that is ultimately what she would like to see as far as where the County is going with the visioning process; and inquired if it is going to set goals and benchmark, who will it benchmark against and how will it incorporate that strategically.

Chairman Scarborough stated staff was asked to find out the best locations in the country; sometimes the County ends up becoming average because it takes the whole average and say it is in that average rather than finding the best in the country; and if the County wants to move beyond average, it has to move to what is considered excellence. He stated he likes the idea of determining a measure that is out there; maybe the County cannot reach it, but it is concrete in that it is numbers and not just vague issues; so that approach is attractive to him.

Commissioner Carlson stated in some aspects of their budget, Martin County pulled from several communities; one of their objectives is to generate 30% of program budget through center and program fees; and they say what 1997 and 1998 were, and what they anticipate and are striving for in 1999. She noted they need a year to see what they can get to, then they measure it against that and what they think they can reasonably get to.

Chairman Scarborough stated one of Brevard County's problems is it looks at the State average and sees where it stands in the State; Brevard County is a good County and nobody who lives here have gone other places and said Brevard County is not a good County; the question is whether Brevard County is striving to be one of the excellent counties in the United States; and someday people will come here to use benchmarks for excellence. He noted that is what he thinks people in the County want to move to.

Commissioner Carlson stated one of Martin County's items used Brevard County as their mantra because of the EELS Program; they want to do what Brevard County did; and they have that in their vision and budget. Commissioner Higgs stated that is the next step of where Brevard County will go after it gets the initial benchmarks of what the community is; it would then benchmark programs and individual things; the first step is a measurement of the community as a whole called a livability index; but there are some measures that should be worked on a little further to nail down how the Board can describe to the community, for example, when it talks about physicians. She stated it is nice to know the raw numbers, but they need to know that in relationship to the population; so if they measure per capita physicians that may be more meaningful. She stated the Board talked about alcoholism rate; the report says there is nothing available, but there are alcohol-related accidents and fatalities in terms of automobile accidents; and that would be a meaningful measure. She stated she does not know how the Chair wants to handle it, but she would endorse what Commissioner Carlson talked about as the next step, and do a little more work on the ones they have. Chairman Scarborough recommended each Commissioner work with the County Manager to have their ideas incorporated.

Commissioner Voltz stated the cost of living index says 97.65% and State of Florida 100%; and inquired what that means and what is it the percentage of; with Assistant County Manager Peggy Busacca responding the average would be 100%, and Brevard County would be 97% of the average cost of living, so it is about 3%. Commissioner Voltz stated the report says persons 16 years and older have an unemployment rate of 4.5%; last year it was 9.8%; but when it is broken down to male and female, the female rate is 7.2% and the male rate is 5.8% which does not average out to 4.5%. She stated the item on health says, "Cancer death rate per 1,000 persons is 280.1; the next page has heart disease at the same number; so she is not sure if someone made those figures up or goofed on it. She stated under water quality there is nothing for seagrass; and she cannot believe, with all the money that was spent, they cannot get some figures for that item. She inquired what does pounds of sediment removed from sediment mean on page 2; and on the same page it says, "acres of preserved environmentally endangered lands management at 478 acres," but the County has more acreage than that. She stated there were 337 septic tank repairs, and she would like to know where they are; and if they are all in one area, the Board needs to focus on that area. Commissioner Higgs stated it may be meaningful, but when benchmarking the progress of the community, she is not sure septic tank permits are up there with cancer and heart disease. Commissioner Voltz advised Transportation says, "Brain damage to cyclist 16 years of age and younger, in 1997, there were 3 and last year none in Brevard County"; and inquired if those three cyclists were wearing helmets. Commissioner Carlson stated it does not make sense that the 1998 data for vehicle fatalities is not available. Commissioner Voltz inquired if under Mobility the total number of road miles is the unincorporated area only. She stated it seems like there is more than 1,000 miles. She stated the readiness for kindergarten percentage is 82%; thanks to programs they are moving up; but the Board needs to increase that figure. She stated the attendance rate for high school moved from 10.7 to 17.4%; she understands school funding was based on an average of twice a year; now they are going to do it on a daily basis; and there are several thousand children absent each day, so school funding will be severely reduced if the Board does not do something about school attendance. She noted she is working with the School Board on that. She stated the graduation rate is appalling at 69.3%; the high school competency test is only 79%; that figure is not very good; but the poverty rate is considerably less than the average in the State and the United States, and that is good. Commissioner Voltz stated welfare to work shows 3,352 cases; and inquired if that is one person looking at 3,352 cases; with Ms. Busacca responding she thinks that is intended to mean persons. Commissioner Voltz stated the number of child abuse incidents has gone up and is too high; and the public transportation item says, "total public transportation, 524,824," but it does not say people, miles, or what it is. Assistant County Manager Don Lusk responded it is usually reported as trips. Commissioner Voltz advised some interesting statistics are 80,000 Medicare recipients in 1997 and no recipients in 1998, and the percentage of the population over 65 is 18.1% which is higher than the national average and around the State average. She stated the crime rate item says 5,000 per 100,000 which appears to have gone down lower than the State average but above the national average; and the violent crime rate item is either per 100,000 or 1,000,000, because the comma was omitted. She noted the incarceration rate is lower than the State and national averages; 3,997.42 acres per person park acreage does not sound right; and there is not 1,274 beach parking spaces per person.

Chairman Scarborough recommended staff visit with each Commissioner and try to find the premier communities as places to look at for possible benchmarks, not necessarily within the State unless it happens to be the premier community. Commissioner Carlson advised her office will contact Martin County to determine what process they used to do it; and she gave copies of the information to staff to assist them in that aspect. Commissioner Voltz suggested pinpointing ten areas for staff to visit in the United States; with Chairman Scarborough responding if a staff member knows of a community that has an outstanding program recognized in all the journals, they be authorized to travel to that community and bring back information to be integrated into Commissioner Carlson's concept. Commissioner Voltz inquired if the Board wants to be more specific and identify categories such as parks and recreation, etc. Commissioner Carlson stated that is a good point; staff has returned with their visioning perspectives, some of which were touched on in the budget process; and they need to meld the statistics together and determine how they want to improve, then go after those benchmarks.

Chairman Scarborough instructed Mr. Jenkins to have staff identify what categories they would like to see, break it up into small categories so they become more meaningful, and provide the Board with that report so it can see where it wants to go with it. He stated one city may not have the best libraries, but it could have the best parks or animal control. Chairman Scarborough advised he and Mel Scott met with a number of people; and the idea that has been floating around is that the trip to Austin should not be the last trip for the County or business community to find benchmarks, because historically the County has compared itself with Florida counties in industrial development. He noted the question is does Brevard County want to become Polk County or Marion County when its wage levels and other things are beyond them already. He stated some people have indicated a willingness to pay their own expenses to accompany staff to multiple sites; it was suggested that each Commissioner as well as staff join the group so Commissioners can touch base with top political levels.

Commissioner Carlson advised at the last budget meeting she brought up the issue regarding GIS for Planning and Zoning, figuring they needed a dedicated GIS system; in the visioning process, they included funding to get an analyst and other individuals to run it; at the last meeting when that item came up, it was assumed it had been funded through the budget, but it had not; and all that was funded was access. She stated she was disappointed in that and would like to bring it up again because that is very important. She stated if the County is going to do all the things it talked about in land use, it would need a dedicated GIS system; so the Board needs to allocate funds in this budget cycle specifically for that item. Chairman Scarborough suggested the item be scheduled on the agenda.

Chairman Scarborough recommended Mel Scott put together a list of proposed communities to visit, circulate it within the Commission Offices, EDC, and other people who expressed interest in traveling; and if any Commissioner has an interest in leading a group on a trip to find out what is working and what is not working, he or she should let Mel Scott know.

Commissioner Higgs advised she read the information from staff who went to Austin and did not see anything new in regard to what the County should know about what community factor to sell to businesses that may be relocating; and the Board needs to take the information it has and process that, and see if it has the will to take action as opposed to generating more information. She stated it is not hard to document what is selling to economic development people and what is selling to communities as a whole; what communities want to look like becomes a setting of priorities and budget by political bodies; then the Board will see if there is the will to do it; but more information at this point is not what is needed.

Chairman Scarborough stated he fought for years to increase the EDC budget; and the benchmark was to have a budget similar to Polk County's EDC budget. He stated he heard Austin is trying to steal businesses from Palo Alto in the manner in which they are marketing themselves; they know what Palo Alto has and what it does not have; and they are beginning to target that industry. He stated the more they know where the business is that they are trying to bring in, the better off they are going to be; and Brevard County has not gone out there and done that. He stated the Board has increased the EDC budget and done things like tax abatement, but it is not at the point where it should be with the level of technical skills that exist in the County and does not have the self-generating people. He noted in Austin they are called "Dellinaires" rather than millionaires because Dell Computer is out there; people are leaving Dell and creating their own companies; and it is becoming a self-generating thing. He stated Austin is attracting people from Silicon Valley because they know what Palo Alto does not have; and there is no harm in knowing what is out there. Commissioner Higgs stated there is no harm in knowledge; there is a lot of knowledge that has been gained; and it is the Board's responsibility, along with others, to determine how to use that knowledge, decide what it is going to do with it, and have the courage to do that without just generating knowledge for knowledge sake. She stated the Board has a great deal of knowledge of competing communities; it needs to make a decision locally where it is going; there is no value at this point in spending excessive amounts to seek new information; and it needs to process and use the information it has and determine how it wants to apply it. Chairman Scarborough stated he disagrees and does not think the Board has the knowledge, and it is floundering and pathetic.

Commissioner Carlson advised once the Board determines exactly the direction it wants to go, has a specific area in mind such as parks and recreation, know the community that is excellent in that category, it should go out and see what that is. She stated it could be worthwhile, but it also needs to find out exactly what process it wants to go through and look at the benchmark report it received today.

Chairman Scarborough stated he was addressing the economic development issue; strides have been made on parks and recreation and others at the goals workshop; staff has been instructed to reach out with the economic development effort; and they are not there yet. He stated he had conversations with several people who think the idea of bringing key issues from major communities back and condensing them to what would work for Brevard County and how it can compete with the "big boys" is important; he has not seen Brevard County perform the way it should; there has been tremendous blessings with the Space Center, Harris Corporation, spinoff companies, UCF, and Florida Tech; but somehow that synergy has not come together, and the County is not optimizing what it has in this area.

Commissioner Carlson stated Economic Development going out to communities that are doing something over and above what Brevard County is attempting to do is a good idea as far as the visioning process; but in terms of figuring out the process the County is going to go through for the livability side of things needs to be better defined. Chairman Scarborough stated that is in-house, but he was talking about participating with the business community and going to Palo Alto to meet with the chairman of the county commission and getting a different perspective. He stated Ms. Busacca and Mel Scott came back with totally different perspectives than Lynda Weatherman when they went to Austin; there are bankers who want to pay their own way to go; and there are people who want to make this happen. Commissioner Higgs stated synergy is an important point; it is the bringing together of the various parts of the community to make the kind of decision to pull things together that is in their minds; and it is a sense of priority that needs to occur here as opposed to going out somewhere. She stated synergy needs to occur here with the groups pulling together and understanding how they can work together. Chairman Scarborough stated Austin, even with its success, is snooping around Palo Alto because it is trying to steal from Palo Alto; and inquired how could the County take the companies away if it does not know what it is taking them away from. He commented he wants Brevard County to be the silicon swamp.

The meeting recessed at 10:53 a.m., and reconvened at 11:12 a.m.

Commissioner Higgs inquired if the report will be sent back to staff; with Chairman Scarborough responding he recommended staff meet with each Commissioner.

AGREEMENT WITH ALCO-REST, INC., RE: IMPLEMENTATION OF PALLET MANUFACTURING CO., INC.

Commissioner O'Brien stated this project is to stimulate economic development in one of the poorest areas of the County; CDBG is offering $135,000 as seed money for the corporation; Alco-Rest is the company, although the company is going to be for-profit; and his concerns include laborers getting $6 an hour while the president would get $50 to $75 an hour for $150,000 a year. He inquired what is the intent of this project.

Commissioner Higgs expressed concerns that when it first came to the Board it was a project for Alco-Rest the not-for-profit group; and her confusion is when Alco-Rest ends and the new corporation begins. She stated the contract is with Alco-Rest although discussion is with another entity which would be private for-profit; and what is the contract, where is it going, and who will own the new corporation have not been answered. She stated if it is a Phase I contract in which Alco-Rest begins a service that they deliver through their clients or residents, that is almost okay in the context of the contract; and if Phase II moves into something different, but never moves until it comes back to the Board, she could feel better about it. She stated if Alco-Rest will deliver under the terms of the contract and not develop the different business entity until the Board approves it, maybe that is the way to go; but she is not comfortable with the contract that has been developed and presented to the Board because it does not offer assurances that the Board needs. Commissioner O'Brien stated he has no assurance Alco-Rest will receive benefit unless some of the profits will be given to it; but how long, at what point, and how much remain to be answered. He stated it is not a private/public partnership, but seed money for economic development; and he does not see the whole community getting real results from it.

Commissioner Carlson stated she discussed it with staff and the people involved and had questions on providing a loan to start the company, Alco-Rest Pallet Manufacturing, which would be a subsidiary of the original Alco-Rest; and requested an explanation of the company and the parent company.

Housing and Human Services Director Bernice Jackson advised they visited each Commissioner about the company and how it would be set up; their consultants, Mr. Chester and Mr. Stone are here to answer questions; and she talked to the County Attorney's Office to address some of the issues. She stated the for-profit corporation is not set up as yet; and since it does not exist, they cannot have an agreement with it at this time; but they have a mechanism to address the issues which she discussed with the County Attorney's Office. Commissioner Higgs inquired what are the mechanisms; with Ms. Jackson responding if the Board has a list of items it wants staff to address, they can address them through the Business Advisory Committee so that when the for-profit corporation is structured, those can be included in the by-laws, or proceed to implement the project and come back to address the for-profit issues. Commissioner Higgs inquired who is proposed to be the owners of the private for-profit corporation; with Ms. Jackson responding the owners of the stocks.

Jerald Chester with Central Florida Community Development Corporation, advised the owners would be Alco-Rest and any other investors; Alco-Rest would have a vested interest based on the contribution made by the County on its behalf which insures Alco-Rest will get a return on the net profits; and that is one way to insure they will get a portion of the distribution. He stated Alco-Rest and other stockholders who are willing to put up money to fund the venture will be the owners of the profit corporation; it will take $210,000 to start the project, so there is a gap of $75,000; and if Alco-Rest borrows the $75,000 it would be the principal shareholder. Commissioner Higgs stated she was told Alco-Rest the nonprofit would have difficulty under its charter in owning the subsidiary; with Mr. Chester responding it would have difficulty operating the business but not necessarily having a vested interest in the business. Commissioner Higgs inquired if they can be the sole owner of the manufacturing business; with Mr. Chester responding if the Board makes the full investment that is what it would get. Commissioner Higgs inquired if it would jeopardize their not-for-profit status if they operated the business; with Mr. Chester responding if they are the principal stockholders they would not pay taxes on the investment, only the portion that makes a profit. Commissioner O'Brien stated it must be a C or S corporation; with Mr. Chester responding he would recommend an S corporation.

Discussion ensued on Alco-Rest being a shareholder, not having to pay taxes, a work program, establishing a subsidiary, a nursing home operated by a nonprofit group, stimulation of economic development being the intent of the project, employment of the local labor force, distribution of profits, and contract to operate the pallet manufacturing business under Alco-Rest the nonprofit.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Chairman to execute an Agreement with Alco-Rest, Inc. for implementation of the Pallet Manufacturing Co., Inc., subject to presenting the County with valid contracts for buying the pallets and supporting Alco-Rest, the nonprofit, moving to deliver those products with all the conditions set forth in the contract, but not moving into the for-profit unless the Board approves a separate agreement, and all the proceeds will go to the nonprofit.

Ms. Jackson inquired if they would need permission to get an attorney who would be able to address the questions; with Commissioner Higgs responding the County Attorney, being the attorney for the Board, would be the proper person to determine that; and he is able to get consultants to protect the Board's interest.

Chairman Scarborough stated there are restrictions on who can own S stock. Commissioner Higgs stated part of her motion is before staff releases any money, there has to be a receivable contract with someone to buy the product.

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

PERSONAL APPEARANCE - DARRELL BALLARD, RE: NOISE IN CANAVERAL GROVES

Darrell Ballard advised he lives in Canaveral Groves; his neighbor started a bird farm, and probably has over 200 tropical birds; the property is only 150 feet wide; the noise is so loud his children will not play in the backyard; and inquired why birds were exempt from the Noise Ordinance. Chairman Scarborough stated a lot of people came and lobbied strongly for it; and instructed the County Manager to go back and put together a report on the Noise Ordinance in respect to tropical birds so the Board can review that issue. Mr. Ballard stated he works on a night shift and the birds wake him up in the mornings and afternoons; and he knows the area is zoned agriculture, but he grew up on a farm, and one acre is not a farm. He stated there should be some limitations on how many birds a person can have on a certain amount of land.

Chairman Scarborough stated when the Board heard the item the last time, raising tropical birds was a lucrative business; it can be done well in Brevard County; and it was one of those industries that was there. He stated the Board can look at a distance from other homes and other things and could include suggested changes to the Ordinance.

Commissioner Voltz stated the property may be grandfathered in. Mr. Ballard stated he likes Canaveral Groves, but tried to sell his house because of the birds; and two realtors told him he would take at least a $10,000 to $15,000 loss on his home because of the birds. He stated even if he did move somewhere else, the same thing could happen; his neighbor had about 15 birds and two cages which was not that bad; but now his whole backyard is full of them. Chairman Scarborough stated things need to be revisited; and instructed staff to provide a report to the Board and get a copy of it to Mr. Ballard. Mr. Ballard stated he bought equipment that measures decibel levels, and there were times it peaked well above 73 which requires hearing protection. Chairman Scarborough stated it could be a decibel issue, distance issue, etc.; and staff will look at it and get a report to the Board so it can decide whether to proceed with an Ordinance change.

PERSONAL APPEARANCE - MARYSE LOBEAN, ART-KRAFT SIGN COMPANY, INC., RE: WAIVER OF VARIANCE FEE

Maryse Lobean advised their company, Art-Kraft Sign Company, Inc., obtained a permit from the City of Melbourne to install a wall sign they manufactured based on the permit; the City's Sign Ordinance is more lenient than the County's Ordinance; and after they installed the sign, the owners of the business were red tagged for lack of a permit from the County. She stated that is how they found out the location was in the unincorporated area; they cannot obtain a sign permit because the sign is too large; and requested relief from the $345 additional expense to get a variance for the sign.

Commissioner Voltz inquired where is the sign; with Ms. Lobean responding on Aurora Road. Commissioner Voltz stated there are numerous large pockets of unincorporated areas along Aurora Road within the City of Melbourne; she met with Mel Scott about the City annexing those pockets so people will know whether they live in the County or the City; and she will bring it back to the Board to consider those areas because this is a perfect example of why something needs to be done.

County Attorney Scott Knox inquired if the Board can grant the waiver or will it have to go to the Board of Adjustment; with Assistant County Manager Peggy Busacca responding the waiver goes to the Board of Adjustment for the variance, but the fee waiver must be approved by this Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to waive the fee for Maryse Lobean to apply to the Board of Adjustment for a variance from the Sign Ordinance.

Chairman Scarborough advised even though the County did not make the mistake, another government did, and Ms. Lobean acted on reliance of that government's action, so she should not have to pay for the mistake. He stated this waiver does not mean she will get the variance because that is a substantive issue.

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

DISCUSSION, RE: AMERICAN HERITAGE COMMITTEE APPOINTMENTS

Commissioner Voltz recommended Chairman Scarborough included in his letter regarding three or four appointments to the American Heritage River Committee, that she and Commissioner O'Brien appointed the same person because Brevard County was only allowed three appointments.

Chairman Scarborough stated he will do that; and other information brought to the Board stated Volusia County got more appointments, so somehow they should give Brevard County more appointments.

PUBLIC COMMENTS - LILLIAN BANKS, RE: ECONOMIC DEVELOPMENT, ETC.

Lillian Banks inquired if Chairman Scarborough said he would like to increase EDC's monies; with Chairman Scarborough responding no, he said he fought to increase the EDC's monies and now it is a question of whether it is being used effectively, not because of funding, but because of not understanding the problems and perhaps not allocating resources correctly. Ms. Banks stated the Board is not encouraging businesses to come here; it lost Boeing; Harris sent some sections to Pennsylvania; and it had a fairly decent company come in with little pollution which has been held up since November and probably cost them half a million dollars. She indicated the world is listening to what is happening in Brevard County; and businesses will not come in because there is nothing coming out of the Board that is conducive for new businesses. She complained about spending $1.5 million to build educational buildings at the four sanctuaries; stated they do not need any more education about bugs, plants and manatees; and indicated the County does not have to improve its education system because the young people who are graduating are leaving the County. She advised of her 20 years of real estate experience on how to sell the area by looking at the waterways, recreation, family things to do, technical people, great place to live, and great jobs; and inquired where are people going because they are not coming here. She stated the Board should not bother to pay EDC anything; and taxes have gone up last year and are going up again this year. Commissioner O'Brien stated taxes are not going up. Ms. Banks stated it is not property taxes but other things they have to pay for. She stated everybody talks about too much population and they cannot build anymore because they have to have infrastructure for them; but there is a report that states 5% of the United States is occupied by people and the rest is wide open pasture land, farmland, parks and recreation. She stated on the benchmarks item, all she heard was Martin County; Martin County is one of the sustainable counties; the goal of Department of Community Affairs is to make all of Florida sustainable; Martin County is a rich county; and Brevard County is not that rich. She stated Martin County does not want businesses; they raised taxes 16% over two years which does not matter to the millionaires; but they are lowering the standards of living for those people who clean their houses, run their restaurants and keep their golf courses up. She stated the State is paying a lot of money to bring Venture Star here, yet in the County where it is supposed to be located nothing is being done; it is chasing them the other way; and it is not receptive because it does not want any more people here. Ms. Banks stated when she came to Brevard County there were boats on the rivers all the time; she does not see boats out there now because of the manatee program; the County chased away a lot of recreation for young people and wonder why they stand on the street corners and smoke and drink beer and get into trouble. She stated when she first came here children were out skiing, but that has been taken away from them; she does not understand where the Board is coming from; and inquired if it is business oriented, does it want to better lives of its people, and does it want to keep young people here or send them away.

DISCUSSION, RE: PINEDA LANDING PARK

Commissioner Carlson stated next Tuesday the Board will have a luncheon meeting with the Legislative Delegation; it was an intent to include the Pineda Landing Park in the legislative package; the Suntree Viera Committee looked at it and talked to Representative Futch about it; and requested Mr. Nelson say a few words to persuade the Board to put it into the package so it can be a topic of discussion with the Delegation.

Parks and Recreation Director Charles Nelson advised the Suntree Viera Committee, comprised of the Rotary Club, Kiwanis Club, and Coast Guard Auxillary members, as well as community members, came up with a plan; they talked to Representative Futch who indicated he would like to see it in the legislative package; and that is why there is a rush to get the information together. He stated it is an expansion of the existing park to the Causeway utilizing land the County owns, expansion of the boat launch, and to have up to 80 spaces where they now have 14. He stated on any weekend there are about 60 cars at the park; it exceeds capacity now; and he apologizes for the timing, but they just received the plan on Friday. He stated with term limits, Representative Futch will attend his last session; and he is interested in seeing it this year, which is why staff is pursuing it.

Commissioner Higgs inquired if it is different than other boat ramps in the County; with Mr. Nelson responding the only difference is the County owns the land in the location where there is history of boat launching which gives it some ability to be permitted under the current rules. Commissioner Higgs stated there are people parking their cars all over U.S. 1 in the south who are using those ramps. Mr. Nelson stated they have an opportunity to fix the problem at Pineda because there is sufficient land to provide parking versus most of the other locations. Commissioner Higgs stated money fixes a lot of problems; and inquired how much is being requested; with Mr. Nelson responding the estimate is $1.2 million. Commissioner Higgs stated she can fix a number of parking places for $1.2 million. Mr. Nelson stated they are using the old DOT building which is very small and is actually a road block to get to the remainder of the property and needs to be removed; and they propose to replace it with a community building to be used for boating education and community needs. Commissioner Higgs stated the Coast Guard has been asking for a building; with Mr. Nelson responding they prefer to be further south, but could use it for their educational component.

Commissioner Carlson stated the Coast Guard is looking at the old WMMB building and is in discussions with the owners; there is a very dangerous situation at Pineda Landing; and on many Sundays she passes there and cars are lined up at Pineda Causeway. She stated it seems to be a popular place for boat launching; she does not know if it is because there are only a few places in that end of the County; she is sure they have problems in the south end; but it is a heavy traffic area at the intersection of Pineda and U.S. 1; and that is the reason it was important to get more visibility on it.

Chairman Scarborough stated he shares Commissioner Higgs' concerns about the south end of the County; Commissioner O'Brien brought up a State park on Merritt Island with boat launching facilities; and he does not have a problem handling a problem, but sometimes when they are taken at the last moment they are in bits and pieces and is not given a wholistic approach to the problem.

Commissioner Carlson advised there was a study done six months ago on the need for boat ramps; Pineda was included in the ramp study; but she does not know if it was a prioritized study or a study to say those are the needs in the community. Mr. Nelson stated they identified seven sites; they are not in a Board approved priority order; they were put in staff level priority with South county coming up first; and Pineda was in the middle, but the biggest issue for any of those is going to be land acquisition where the County does not have land. He stated it may be a high priority, but if they do not have funds to acquire land or the land is not available, they may not be able to proceed. Commissioner Carlson stated acquiring land would come from District 4 Beach and Riverfront funds. Mr. Nelson stated there is a lot on the north end of the existing park site which would compliment the ownership the County has on the south end.

Commissioner O'Brien stated he likes the idea; Port Canaveral offered 22 acres of land along the Barge Canal on the easterly end, and wanted $600,000 from the Board to build a parking facility and ramp, etc.; but the County did not have that money delegated to that project. He stated the State owns 24 acres along the Barge Canal at the intersection of Sykes Creek and the Barge Canal which could be used for a State park; but if the Board is adding more boats to the water, why is it restricting marina expansions and all the other things that are in the Manatee Protection Plan.

Commissioner Carlson stated that is not the intent; they are trying to make sure they have safe passage into the waters; it is not a matter of allowing more, but allowing parking facilities because they are parking on the grass and going through huge swales which is dangerous. She stated she does not know if the County is going to wait for an accident to happen there; there are 15 parking slips on the south side and on the other side they have more parking they created; and they do it every weekend. She stated there is only one ramp there which could be enlarged to make it a safer park access point; and expressed concern there may be a scenario there that the Board will regret.

Commissioner O'Brien stated he would like to see it done, but he is concerned that in the Manatee Protection Plan the Board is trying to find ways to reduce boats on the waterways. He inquired why they cannot drive pilings into the side so they cannot pull cars and trucks and trailers in there; and noted it would solve the problem.

Commissioner Higgs stated that is not what the Manatee Protection Plan intends to do; there are sites in it and the need for additional access to the water particularly in the south part of the County; and Commissioner O'Brien knows that because he read the Plan. Commissioner O'Brien stated it restricts marinas. Commissioner Higgs stated it tries to locate marinas. Commissioner Higgs stated she does not have a problem asking the Delegation for money, but she has a problem going off this way or that way without looking at the needs assessment that was done and using a systematic approach to the whole issue. She stated she does not think the State will give the County the money, but she would prefer to ask in a systematic way; and she wants things put on the agenda so they have time to review the data, digest them and think about them. She stated she does not want to vote for anything in this regard today; if people give her the data and come up with a systematic approach, then she will vote for that, whether it is the Pineda first or another one first; and at least the Board will not be flying all over the waterway with where it wants to go.

Mr. Nelson stated one thing that is driving this project is the committee appointed by the Board which has actively and aggressively been out there working; so it is getting a higher attention level because of the community group. He stated the Rotary Club was very successful with the Suntree Park; they are looking to do the same thing with this park and brought in the Kiwanis Club; and that is why it has come in at the last minute. He stated staff understands the danger of bringing things in at the last moment, but it is also a case where the community is saying they have done the work and want it taken to the Board; and that is why it is here today.

Chairman Scarborough stated Commissioner Higgs is saying get it to the Board in a timely manner; and if staff can visit each Commissioner with something like this project, it becomes incumbent on staff to give the Commissioners a call when they want to talk about major changes to current policies. Commissioner O'Brien stated he will support it today because it is a serious parking problem.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to include in the legislative package the Pineda Landing parking project.

Commissioner Higgs offered an amendment to include a south County facility as well for $2.5 million. Commissioner Carlson stated she will not accept an amendment to the motion; and noted it would be nice to have a priority list from staff.

Motion by Commissioner Higgs, to amend the motion to include a south County facility for $2.5 million. Motion died for lack of a second.

Chairman Scarborough stated it is not the way the Board wants to do business in Brevard County; it is bad business and may end up with the Board doing things it may regret because it will not be fully informed and advised; so he cannot vote for the motion.

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

EASEMENT TO FLORIDA POWER AND LIGHT COMPANY, RE: FAY LAKE WILDERNESS PARK

Commissioner O'Brien stated the request is to authorize a temporary construction easement in favor of Florida Power & Light Company for property owned by the County at Fay Lake; it is a service easement to provide power to a County park and no other parties benefit; and if the County does not give the easement to Florida Power & Light Company it will not get service. He stated last week he brought up the issue if Florida Power & Light Company charges the County to use its easements. Commissioner Voltz inquired why the question was not answered in this agenda item; with Parks and Recreation Director Charles Nelson responding it is a different issue; this is for service the County needs; and the last time it was for Florida Power & Light Company to distribute power.

County Attorney Scott Knox advised Florida Power & Light Company does not have to pay for easements because it has a Franchise Agreement with the County to use easements; and it pays a franchise fee to cover that use. Commissioner O'Brien stated that may be, but the question was not answered if Florida Power & Light Company charges the County to go across its properties; and if so, the reciprocal should be the way to do business or stop charging the County. Mr. Knox stated the Franchise Agreement comes up in 2001; and there are a few things the County could deal with then.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute temporary construction Easement to Florida Power & Light Company for County-owned property proposed as Fay Lake Wilderness Park. Motion carried and ordered unanimously

ADDENDUM TO AGREEMENT WITH CITY OF COCOA, RE: OPERATION AND MAINTENANCE OF TAYLOR PARK AND CORRECT LEGAL DESCRIPTION OF LEE WENNER PARK

Commissioner O'Brien stated this is a request from the City of Cocoa for the Board to grant it Taylor Park.

Parks and Recreation Director Charles Nelson advised Taylor Park is part of the City's downtown redevelopment; it is owned by the City; the Agreement being amended sets up the basic operation of the special taxing district in the City; and through the Agreement the County operated those parks and used special taxing district funds as well as general funds. He stated the City is redeveloping downtown; their use of that area is going to be extensive and will not be in a park setting along the current lines; and they asked the County to take the park out of the Agreement so they can operate and manage those areas consistent with their downtown redevelopment plan.

Commissioner O'Brien inquired if the County is going to give them Taylor Park; with Mr. Nelson responding it is their park. Commissioner O'Brien inquired if Waterfront Park is the City's park; with Mr. Nelson responding there are two parks in the area; Lee Wenner Park is a separate issue; all the waterfront is owned by the City; there is only a small piece of the entire waterfront that the County manages; and the City is going to include recreational improvements in a redevelopment setting with an amphitheater, different shows, varieties of entertainment, and they will operate it. He noted it will get the County off the hook liability-wise. Commissioner O'Brien inquired what would be the drawback to give the City Lee Wenner Park as well; with Mr. Nelson responding it has been discussed with the City; their interest and the County's interests are not the same; they would like to have it for their downtown redevelopment; but it is a major launching point in the center of the County that needs to be protected. He noted there is a grant to improve the launching facilities at Lee Wenner Park. Commissioner O'Brien inquired if it could be deeded to the City with a condition that they maintain the boat launch facilities; with Mr. Nelson responding that is a possibility, but one of the plans they did overlaid their downtown redevelopment over the launching facilities which was not a viable alternative. He stated it is different than their downtown redevelopment because it is more passive and general use; and the danger is it would become overrun with their intent to bring people downtown to their commercial area. Commissioner O'Brien stated what does it cost to maintain Lee Wenner Park per year; with Mr. Nelson responding between $35,000 and $40,000 a year. Commissioner O'Brien stated the County could save $40,000 a year if it could work it out with the City.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Addendum to Agreement with City of Cocoa to reflect the change in responsibility for operation and maintenance of Taylor Park from Brevard County to the City, and include correct legal description for the part of Lee Wenner Park owned by the City. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:21 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)