The Board of County Commissioners of Brevard County, Florida, met in regular session on November 25, 1997, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins and County Attorney Scott Knox.

The Invocation was given by Assistant Pastor Ted Blumberg, Freedom Christian Church, Melbourne, Florida.

Commissioner Cook led the assembly in the Pledge of Allegiance.

APPOINTMENT, RE: TICO AIRPORT AUTHORITY

Commissioner Scarborough stated the TiCo Airport Authority at-large appointment is Jim Mizell; his reappointment was not made; and he will put the at-large appointment on the agenda.

DISCUSSION, RE: NORTH BREVARD HOSPITAL DISTRICT BOARD

Commissioner Scarborough stated the North Brevard Hospital District Board has two appointments that come up December 31, 1997; the seats that are going to come up are Bill Hurst and Marilyn Jones; and inquired if the Board wants to go through the application process or make the reappointments. Chairman Voltz stated the Board should go through the application process.

DISCUSSION, RE: HOUSING FINANCE COMMITTEE MEETING

Commissioner Cook stated there was a Housing Finance Committee meeting and a number of questions were raised; the Committee has sent several responses; and when the issue comes before the Board, all the backup material and answers to the questions need to be included for the Commissioners' review.

APPROVAL OF TRAVEL, RE: CHAIRMAN TO JACKSONVILLE, FLORIDA

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve travel for Chairman Helen Voltz to attend a meeting on December 10, 1997 in Jacksonville, Florida, concerning the American Heritage Rivers Program for the St. Johns River; and authorize travel for Vice Chairman Truman Scarborough if Chairman Voltz is unable to attend. Motion carried and ordered unanimously.

DISCUSSION, RE: BREAK AWAY FROM THE PACK

Chairman Voltz advised she attended a luncheon on Disney property regarding Break Away from the Pack; it is a program concerning cigarette smoking; C. Everett Coup was present; and this is a good program which the County is going to move forward with in January, 1998.

DISCUSSION, RE: ARTICLE V COSTS

Chairman Voltz stated she received a telephone call from Vivian Zericki regarding the Association of Counties; Public Defender J. R. Russo is in Tallahassee concerning funding for Article V costs; he suggested that the half-cent sales tax be used for Article V funding; however, the County has the funds committed for other things. She noted Ms. Zericki is requesting a letter from the Board supporting the Florida Association of Counties' position regarding the funding. Commissioner Cook requested the issue be placed on the Board agenda for next week.

DISCUSSION, RE: LEGISLATIVE DELEGATION PROPOSALS

Chairman Voltz stated the proposal concerning the Water Management District she gave to the Delegation last week went very well; County Attorney Scott Knox testified whether or not there needed to be a referendum; the Delegation believes there should be a referendum; and boat ramps are needed in the south end of the County. She noted regarding the Harry T. Moore homesite as a State park, the Delegation gave the County guidelines; and County Manager Tom Jenkins and Parks and Recreation Director Chuck Nelson are working on them. She noted Joyce Grant made a presentation regarding the issues she has been dealing with, including delinquent payments for child support and enforcement; and recommended the Board support Ms. Grant in her endeavors. Commissioner Cook suggested Ms. Grant's issues be placed on the Board's December 2, 1997 agenda.

Joyce Grant, Child Support Task Force and ACES, provided copies of the Family Court Resource Assistance (FCRA) proposal to the Board for its information; and stated funding is needed to develop an office to implement the strategies discussed over the past year. She requested the Board strongly consider its support for submitting the proposal to the Delegation; Commissioner Cook has been present at all the meetings; and he would be a good reference as to the progress and validity of this business offering.

Chairman Voltz expressed appreciation to Ms. Grant for her efforts.

DISCUSSION, RE: BEAUTIFICATION PROJECT IN CITY OF PALM BAY

Chairman Voltz stated the County received a letter from the City of Palm Bay concerning whether or not the County wants to fund the maintenance of the beautification project on County roads in Palm Bay; she does not believe the County can do this as it will set a precedent; and she asked Stockton Whitten to answer the City's questions in letter form. Commissioner Cook noted if the

DISCUSSION, RE: BEAUTIFICATION PROJECT IN CITY OF PALM BAY

County participated for one city, it would have to do it for every city. Commissioner Higgs stated she supports working with the City on the medians; and it needs to work in partnership with the cities to try to resolve the issues. Chairman Voltz stated she told the City of Palm Bay that the County would attempt to give it the trees or shrubs. Commissioner Cook noted he supports working with the cities; the County has a good relationship with the City of Cocoa; but the maintenance can get cost prohibitive very quickly. Commissioner Higgs stated the Board can refer the issue to Mr. Jenkins to review different options and report back to the Board, recognizing the County does not believe it can fully fund it, but there may be ways to partner with the City so it can be accomplished.

DISCUSSION, RE: COMMISSIONER LIAISON APPOINTMENTS

Chairman Voltz provided copies of the Commissioner Liaison Appointments to each Commissioner.

CANCELLATION, RE: DECEMBER 4, 1997 WORKSHOP

The Board canceled the December 4, 1997 workshop concerning the new Chairman's goal setting until the first of the year.

RESOLUTION, RE: SPACE COAST LEAGUE OF CITIES

The Board acknowledged receipt of the Resolution from Space Coast League of Cities concerning the Adult Entertainment Ordinance.

RESOLUTION, RE: COMMENDING VOLUNTEERS IN MOTION PROGRAM

Commissioner Higgs read aloud a resolution commending the Volunteers in Motion Program; and presented it to Pat Ryan and Dave Davis.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing and commending SCAT Volunteer in Motion Program and its volunteers, Senior Resource Alliance, and Community Service Council as the Florida Commission for the Transportation Disadvantaged's 1997 Volunteer Program of the Year. Motion carried and ordered unanimously.

Pat Ryan described the Volunteers in Motion Program to the Board and audience; and expressed appreciation to the Board for the Resolution and its support. He requested all the volunteers present to stand and be recognized.

RESOLUTION, RE: SALE OF SOLID WASTE DISPOSAL SYSTEM REFUNDING BONDS, SERIES 1997

Financial Advisor Tom Holley briefed the Board and audience regarding the sale of Solid Waste Disposal System Refunding Bonds, Series 1997; stated in the memorandum staff prepared for the Board, it refers to a savings in the amount of $1 million, the present value savings of approximately $680,000 or 5.65%; the County sold the Sales Tax Bonds and recalculated the savings; and the County savings is $1.216 million, the present value savings is $840,000, and the percentage goes from 5.65% to 6.97%. He noted if the County does as well next week as it did last week, there will be savings of over $100,000 per year.

Budget Director Kathy Wall advised this would be fiscally prudent to do at this time because it would produce over $100,000 savings annually to the Solid Waste System.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, amending and restating the title and body of a Resolution of the County heretofore adopted on March 8, 1984, as amended and supplemented; providing for the issuance of not exceeding $13,000,000 Solid Waste Management System Revenue Refunding Bonds, Series 1997, of the County to finance the costs of the refunding of the County's Outstanding Solid Waste Disposal System Revenue Bonds, Series 1987, such Series 1997 Bonds to be issued on a parity with the County's previously issued and Outstanding Solid Waste Management System Revenue Bonds, Series 1993; providing for the payment of the Series 1997 Bonds from the pledged revenues of the County's Solid Waste Management System; providing for the rights, security and remedies of the registered owners of such Series 1997 Bonds; authorizing the execution and delivery of a letter of representations relating to a book-entry only system of registration; providing for the sale of such Series 1997 Bonds at public sale; providing for the delegated award thereof; authorizing all necessary action in connection with the sale and delivery of the Series 1997 Bonds; accepting the commitment of Financial Security Assurance, Inc., the bond insurer, for a municipal bond insurance policy; approving the form of the Preliminary Official Statement for the Series 1997 Bonds; authorizing the County Finance Director to deem final the Preliminary Official Statement in compliance with the provisions of Sec Rule 15C2-12; providing for the delivery of the Final Official Statement; authorizing an undertaking to provide continuing disclosure with respect to the Series 1997 Bonds; and providing an effective date. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, providing for the redemption of the Outstanding Solid Waste Disposal System Revenue Bonds, Series 1987, of the County; and providing an effective date. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: GLENWOOD SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Glenwood Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: 3M SIGNING MATERIAL FOR TRAFFIC ENGINEERING

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to purchase 3M signing material, estimated to exceed $35,000, from State Contract No. 550-590-96-1. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE CREATING PROPOSED BROOKSIDE DRIVE/PUESTA DEL SOL CANAL DREDGING MSBU

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider creating the proposed Brookside Drive/Puesta Del Sol Canal Dredging Municipal Service Benefit Unit (MSBU). Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH THE ZIMMERMAN AGENCY, RE: PUBLIC RELATIONS SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with The Zimmerman Agency to provide public relations services for TDC, increasing the fee to $8,100 a month and reducing annual expenses for production and out-of-pocket to $44,600. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 TO AGREEMENT WITH RKT CONSTRUCTORS, INC. AND FINAL PAYMENT, RE: CUYLER PARK COMMUNITY CENTER IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 3 to Agreement with RKT Constructors, Inc. for Cuyler Park Community Center Improvements, increasing contract amount by $6,061.13 for additional grading, fill, seeding, beam change, and other work required that were not anticipated in the plans and specifications; and approve final payment to RKT at $50,696.20. Motion carried and ordered unanimously.

ACCEPTANCE OF SETTLEMENT OFFER, RE: WORKERS' COMPENSATION AND EEOC CLAIMS OF JACOB CLARKE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the offer from Jacob Clarke's attorney to settle his workers' compensation claim and EEOC claim for $23,000. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint and/or reappoint the following:

Personnel Council
Appoint Thomas L. Browne with term of appointment expiring December 31, 1998.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE FOR TAX EXEMPTION APPLICATION FOR NATIONAL ROOFING SOUTH FLORIDA, INC. AND C&L INVESTMENT PROPERTIES LLC

Chairman Voltz called for the public hearing to consider an ordinance for tax exemption application for National Roofing South Florida, Inc. and C&L Investment Properties LLC.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Ordinance granting an economic development ad valorem exemption to National Roofing South Florida, Inc., Wickham Road Business Center South, Phase I, Lot 10, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012(16); providing for proof of eligibility for exemption; providing for an annual report by National Roofing South Florida, Inc.; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE FOR TAX EXEMPTION APPLICATION FOR NOKIA MOBILE PHONES, INC. (STILES CORPORATION)

Chairman Voltz called for the public hearing to consider an ordinance for tax exemption application for Nokia Mobile Phones, Inc. (Stiles Corporation).

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Ordinance granting an economic development ad valorem exemption to Stiles Corporation on behalf of Nokia Mobile Phones, Inc., 728 West Nasa Boulevard, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012(16); providing for proof of eligibility for exemption; providing for an annual report by Stiles Corporation on behalf of Nokia Mobile Phones, Inc.; providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REVISION TO MERIT SYSTEM POLICY II, PAY PLAN

Chairman Voltz called for the public hearing to consider revision to Merit System Policy II, Pay Plan, Shift Differential Section.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to approve an amendment to Merit System Policy II, Pay Plan, to be effective retroactively to the pay period beginning October 4, 1997, increasing shift differential from 35 cents per hour to 45 cents per hour. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR VARIANCE TO COASTAL SETBACK LINE FOR INDIALANTIC IRREVOCABLE TRUST

Chairman Voltz called for the public hearing to consider request for variance to coastal setback line for Indialantic Irrevocable Trust.

Ted Allen, representing F.T. Allen, Inc., advised of his support for the request of a variance to the coastal setback line as allowed for by Chapter 62, Article XII, Section 62-4209 of the Brevard County Code; stated the County has the plans; no property owners have any problem with the request; and all they want to do is square the back of the house off.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to grant a variance of 22.5 feet to the Brevard County Coastal Setback for Indialantic Irrevocable Trust for property at 2155 N. A1A, Indialantic. Motion carried and ordered unanimously.

DISCUSSION, RE: RESPONSES TO REQUEST FOR PROPOSAL FOR STATE GOVERNMENT LOBBYIST

Melissa Burgess stated there has been a change in her circumstances since she submitted her proposal; and she has now acquired an office in Tallahassee.

Chairman Voltz inquired if Ms. Burgess is a registered lobbyist; with Ms. Burgess responding negatively.

Jerry Sampson introduced Mike Huey, who is a partner in his proposal; stated between the two of them, they have in excess of 50 years experience in Tallahassee; and he believes they can provide the services that Brevard County is looking for.

Lori Hunley stated she has put together a good team of lobbyist; she would be in the lead because she was raised in Titusville; this is home and she wants to represent her home; and requested the Board consider that when it makes its decision. She advised that she is a registered lobbyist.

Commissioner O'Brien stated he reviewed all the proposals that came before the Board; Ms. Hunley used to work for Mr. Spearman; Mr. Spearman has been rated as one of the top lobbyist in the State of Florida; Ms. Burgess has no experience and is not a registered lobbyist; and he does not believe the Board wants to have the Sampson/Huey connection as their first experiment and the County pay for the experiment. He stated after reviewing all the proposals, he feels that Spearman Management, Inc. is the very best deal Brevard County is ever going to get and a lobbyist is needed.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to select Spearman Management, Inc. to serve as the County's lobbyist for State government for the balance of FY 1997-98; and direct the Management Services Director to bring the Agreement to the Board for approval.

Commissioner Higgs stated a company, in which she owns stock, has an agreement with Spearman Management, Inc.; she consulted with the County Attorney in regard to whether or not she would have a conflict of interest in voting; and requested County Attorney Scott Knox put on the record what the law is in regard to a public official who has purchased a service or goods from a potential vendor.

County Attorney Scott Knox stated the fact that Commissioner Higgs' company has a contract with Spearman Management, Inc. would create a technical conflict of interest; but there is an exemption under the Statute which recognizes the ability of the County or Commissioner Higgs to contract with Spearman Management, Inc. in the event that the services they are receiving are available to any member of the general public and they are paying the same that any member of the general public would pay; and that being the case, Commissioner Higgs does not have a conflict.

Commissioner Scarborough stated he cannot support hiring a lobbyist at this time. Commissioner Cook stated he is still not totally convinced if the County has the Florida Association of Counties

DISCUSSION, RE: RESPONSES TO REQUEST FOR PROPOSAL FOR STATE GOVERNMENT LOBBYIST

(FAC) why it would also have a lobbyist; it would be his preference to negotiate on an issue specific type of arrangement with a lobbyist; originally, he had supported it with using the FAC funding to look at a lobbyist; it has gone from that to keeping the FAC and hiring a lobbyist at $45,000 or $50,000; and it is difficult for him to support at this time.

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

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Manager to draft a letter for execution by the Chairman requesting the FAC consider being able to provide informational services and become a resource for all county ordinances in the State.

DISCUSSION, RE: ADDITIONAL 1998 BREVARD LEGISLATIVE PROPOSALS

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve legislative proposals to provide for election of members of the governing body of the Florida Inland Navigation District (FIND). Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to include language specifically allocating manatee license plate education revenues to key coastal counties. Motion carried and ordered unanimously.

The Board adopted Resolution objecting to Florida Administrative Code Rule 1B-2.011, Section 3(d)2., Eligibility for State Aid to Libraries. Motion carried and ordered unanimously.

The meeting recessed at 7:01 p.m. and reconvened at 7:12 p.m.

AGREEMENT WITH THE ZIMMERMAN AGENCY, RE: ADVERTISING SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with The Zimmerman Agency to extend advertising services for one year through FY 1997-1998 at $6,000 per month. Motion carried and ordered unanimously.

REQUEST TO REDUCE CODE BOARD PENALTY, RE: LINNEA D. AND RAY G. REID

Commissioner Scarborough inquired is the property in compliance now; with Code Compliance Director Bobby Bowen responding affirmatively.

Ray Reid requested the code enforcement fine be reduced; stated they have had the property for approximately eight years; they were not aware there was a fine on it until they were going through a divorce and split their property up; and they do not have any use for the property.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept the Special Master's recommendation to reduce the Code Board fine to $235.

Commissioner O'Brien stated he is not going to support the motion; when fines are placed on the property, the property owners know what is going on; and they have been informed in writing.

Mr. Reid advised he was in the hospital for one and half years; and they did not receive any type of paperwork regarding the fines until Code Enforcement came to them later.

Commissioner Scarborough stated if the Board has questions on the issue, he would support tabling the item until the Special Master can be present.

Mr. Bowen stated a notice was sent out, but returned; and on August 29, 1995, a Code Enforcement officer hand served Ms. Reid to comply.

Commissioner Higgs advised she is not going to support the motion; and there is a long period of non-compliance and considerable activity by the County to resolve it.

Chairman Voltz stated she is going to support the motion; an $11,000 fine because someone has not cut their grass is absolutely absurd; and there are a lot of people that have good reasons for not doing what they are supposed to do.

Commissioner Scarborough stated since there are two Commissioners with concerns and he is relying on the Special Master exclusively, he would like to table the item for two weeks to have the Special Master present to advise the Board on the basis of the decision.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table request to reduce Code Board penalty for Linnea D. and Ray G. Reid until the December 9, 1997 Board meeting; and direct staff to provide a report from the special master giving the findings of fact concerning the case. Motion carried and ordered unanimously.

AGREEMENT WITH ECONOMIC DEVELOPMENT COMMISSION OF FLORIDA'S SPACE COAST, RE: EDC SERVICES FOR FY 1997-1998

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Economic Development Commission of Florida's Space Coast for EDC services in the amount of $450,000 for FY 1997-1998. Motion carried and ordered unanimously.

DISCUSSION, RE: FEDERAL COMMUNICATIONS COMMISSION ISSUES CONCERNING TOWERS AND ANTENNAS

B. B. Nelson stated this is in regard to the Federal Communications Act of 1996 providing for advancements in communications; because of such Act, a lot of local governments have created obstacles to complete the Act and perform; the people who received contracts to produce this cannot complete same because of local government interference; and the biggest violation of law today is government itself from top to bottom.

Commissioner Cook stated the Telecommunications Act of 1996 retained zoning for local municipalities and counties; it gave the County the ability to control that; it does not want some bureaucrat in Washington telling a local community where to site antennas; and the people who live in that local community have the ability to make that decision much better than someone living in Washington. He noted the Board needs to oppose the proposals by the Federal Communications Commission (FCC) which would include someone being able to appeal directly to the FCC and bypass the court system; it is making the FCC a national zoning board where people will determine how zoning will take place in local communities; it is dangerous and scary; and a local authority cannot reject towers and antennas on the purpose of devaluating properties in adjacent areas or aesthetics. He stated the only way it can have an objection that is substantiated is by some narrowly defined safety matter; if the local authority denies it, the applicant can automatically appeal to the FCC; and the zoning, local authority, and court system are bypassed. Commissioner Cook stated this is wrong and the Board needs to oppose it in every manner it can.

Commissioner O'Brien concurred with Commissioner Cook's comments, including his remarks concerning property values.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve letters of opposition from John W. Pestle and copy lists concerning the Federal Communications Commission issues on towers and antennas; and authorize the Chairman to sign a cover letter of opposition, with six copies being sent to the Secretary of FCC.

Chairman Voltz stated the FCC should not be telling Brevard County what it needs to do; it is the Board's decision; it should be left locally; and she will support the motion.

DISCUSSION, RE: FEDERAL COMMUNICATIONS COMMISSION ISSUES CONCERNING TOWERS AND ANTENNAS

Commissioner Scarborough stated to defer this to a federal agency that has only one intention in mind, to deal with communication, zoning is going to become secondary; and if it can occur with the FCC, it can happen with other agencies.

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

PERSONAL APPEARANCE - ELIZABETH MICHELMAN, RE: DREDGE SITES, SPOIL SITES AND ZONING LAWS

Elizabeth Michelman stated the issue concerns individuals rights, property values, and zoning; and presented documentation to the Board regarding dredge and spoil sites, and zoning laws. She noted Brevard County has to establish certain practical and conscientious guidelines as to where dredge material is to be dumped and what zoning requirements have to be made; through the zoning process, local governments decide which areas of their community should be dedicated to this particular use; one of the principal goals of zoning is to minimize the negative impacts of incompatible activities; and careful planning can reduce a variety of negative impacts on the community. She stated the residents do not oppose the dredging of canals, as long as they are legal, there is a safety-first attitude toward human population, and no interference with wildlife maintenance; the site she is referring to is located next to her residence; it is one-foot from her property line; and she has a petition signed by the residents concerning this dredge site, which is also within 60 feet of Tropical Elementary School. Ms. Michelman inquired does the Board find it acceptable to dump 5,000 gallons per minute of nasty material into this area; stated local government has to be responsive to the needs of the citizens; she would like to see something in zoning and the project classified so it works in the community; and it is impacting her property value.

Gregory Fuller stated he was informed about this project by Ms. Michelman two days ago; it is located less than 500 feet from his property; silt is going to be dumped within 500 feet of his property and 100 feet of a public school; and requested the Board carefully review this as a lot of individuals are involved, and make some informed decisions. He noted there has to be an alternative to this.

Walter Bryan stated the County purchased the property from him; the contract was to put a lake or retention pond there; he granted the County the easement to get on the property through his property; and had he known this was going to happen, he would not have sold the property.

Commissioner Higgs inquired was the property purchased under stormwater; with Public Works Director Henry Minneboo responding affirmatively. Commissioner Higgs inquired has there been a transfer that the Board approved that the property would be used some other way; with Mr. Minneboo responding negatively. Mr. Minneboo stated when the County picks an isolated spoil site, it removes all the materials within 60 to 90 days after completion and it brings it back to its original state. Commissioner Higgs noted so it will be a spoil site temporarily and not permanent; with Mr. Minneboo responding that is correct. Commissioner Higgs stated the property would not be transferred from stormwater into something else; with Mr. Minneboo responding affirmatively.

PERSONAL APPEARANCE - ELIZABETH MICHELMAN, RE: DREDGE SITES, SPOIL SITES AND ZONING LAWS

Denver Pennington stated the proposed project is located behind his property within 200 feet; the homes in the area are nice and beautiful; the wildlife is also present; he cannot cherish the thought of sitting on his back patio and seeing dump trucks driving up and down the back of his home; and this project needs to take place in another location. He advised that the residents are opposed to this project.

Commissioner Cook inquired after the temporary dredge site, will the property return back to a stormwater site; with Mr. Minneboo responding affirmatively.

Beverly Faulkner stated she is opposed to the project; there will be a toxic dump in the neighborhood; and inquired how many Commissioners would like it in their backyards.

Dawn Tilghman inquired is this going to be a one-time proposition or will it need to be done again in the future; her child currently attends Tropical Elementary School; and it is not in the childrens' best interest to have this project located in this area.

Judy Wheatley stated the residents were not notified of this project; they did not have any opportunity to have specific information given to them; and they found out about it through the newspaper and a concerned neighbor. Ms. Wheatley submitted her questions to County staff in writing.

Blanche Boone stated this dredging project from the newspaper article she read is going to cost in excess of $400,000; the taxpayers of District 2 will be paying for it; just to clean a canal so somebody can have themselves a boat is a lousy excuse; and it is not right for the taxpayers to have to pay for it.

Phillip Tibbets stated the back of his house is going to overlook the retention pond; he does not want to smell the stench that comes out of it; he should not have to pay for this project; he does not see the benefit; and it is not a suitable location.

Public Works Director Henry Minneboo stated dredging in District 2 goes back to almost 13 years; he can remember seven of these projects taking place in the past 10 years; the County goes through a major permitting process; and it first contacts the Corps of Engineers, the Coast Guard, Department of Environmental Protection, the St. Johns River Water Management District, Save the Manatee Club, Department of Commerce, Habitat Conservation Division, Department of the Interior, Fish and Wildlife Service, Florida Department of State, Division of Historical Resources, and East Central Florida Regional Planning Council. He noted each agency comments about every specific item; his staff has gone to Naples on numerous occasions to visit its dredging operation which is significant; it has looked at sites located on the east coast of Florida; and it has heard of the smell issue, but have yet to see or smell it in any location. Mr. Minneboo stated what is a misconception here is that the spoil site will not be here forever; the material will be out in 60 to 90 days; and it will go back to the original concept of making it a retention area. He noted his Department has tried to notify individuals over the years, but under no circumstances has it been in a position to notify anyone of anything until he received the 39-page permit, which he received last night at 7:00 p.m.

PERSONAL APPEARANCE - ELIZABETH MICHELMAN, RE: DREDGE SITES, SPOIL SITES AND ZONING LAWS

Mr. Minneboo stated there are approximately 350 homeowners that are not present tonight who are concerned about the project; and it is only fair that all of them have the opportunity to speak, address any issues, and be allowed the opportunity to answer questions. He noted the County does not do this internally and has professional engineers that are experts in the field of dredging; everything on site will be retained; and the permit clearly addresses each concern that any agency can bring up. He stated the County is familiar with the process; Richard Cowen has spent many days on this project; staff is ready and can handle it; and it will be more than willing to have a public information meeting to address the residents concerns.

Chairman Voltz requested Mr. Minneboo address why the project is being done. Mr. Minneboo stated a lot of the river when it was dredged was done in depths of eight to ten feet; the phenomena of the river alone has brought silt and other materials back into those veins; and now it is necessary to discharge the canals that were dug and bring them back to their original depth. He noted the intent is to clean up the materials that have now fallen within the canals that were originally dug; and the County is only going to take care of what has been a phenomena that has happened over the years. Chairman Voltz inquired why the County picked this particular site. Mr. Minneboo stated the site was within 8,000 feet of one of the key locations of the list of projects that were developed; a committee of people that were extremely concerned about dredging will be at the public information meeting; such committee met almost 4 ? years every other Tuesday; and his staff spent 4 ? years every other Tuesday meeting with the committee to establish a list that was conducive to the work that needed to be done, specifically in District 2.

Commissioner Higgs stated there are some zoning issues that need to be clarified before the Board moves forward; in regard to the specifics of the project, the public meeting should go ahead so the people can understand what the issues are; and the County Attorney needs to work with the zoning staff concerning whether a temporary use is proper or if the zoning has to be changed.

Commissioner O'Brien stated there has been a lot of misinformation; this is not a toxic dump; communication is No. 1; and after the public meeting is held, if everyone feels the project is dangerous and should not be done, it probably will not be done. He noted none of the residents came to his office or called him about this project; only one person contacted his Special Assistant, Chuck Maxwell; he has worked on dredging projects for approximately 20 years; and requested the residents allow Mr. Minneboo and County staff to hold a meeting at Tropical Elementary School to answer all the questions.

Chairman Voltz stated the Board appreciates the residents attending tonight's meeting; it does not have anything resolved at this point; from this point forward, the communication will be there; the questions will be answered; and County staff will be in touch with the residents.

The Board directed the County Attorney to provide a report to the Board at its next meeting on the zoning of the proposed spoil site and whether temporary use permit provisions would apply to the County's use of this site.

RELEASE OF EASEMENT, RESOLUTION, AND REVISED EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: CONSTRUCTION OF POLE BARN AT ROAD AND BRIDGE FACILITY, WICKHAM ROAD

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution, accept Release of Easement, and execute revised Easement with Florida Power & Light Company for construction of a pole barn at the Road and Bridge facility on Wickham Road, as its facilities were not located within the original easement. Motion carried and ordered unanimously.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of September 16 and 25, 1997 Regular Meetings and September 18, 19 and 25, 1997 Special Meetings as submitted. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 9:13 p.m.

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

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