The Board of County Commissioners of Brevard County, Florida, met in regular session on July 15, 1997, at 5:00 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor John Small, First Assembly of God Church, Cocoa, Florida.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL, RE: REVISED BOARD MEETING SCHEDULE

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to reschedule the August 14, 1997 workshop to discuss transportation and scrub jay protection issues to July 31, 1997. Motion carried and ordered unanimously.

CEO CERTIFICATION FORM, RE: PUBLIC HOUSING DRUG ELIMINATION PROGRAM

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize the Chairman to execute the Chief Executive Officer (CEO) Certification Form regarding the Public Housing Drug Elimination Program. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MR. JOHNSON, RE: RESOLUTION RECOGNIZING ACADEMIC ACCOMPLISHMENTS OF SHAWN JOHNSON

Commissioner Voltz read aloud a resolution recognizing the academic accomplishments of Shawn Johnson, and presented the resolution to Shawn Johnson's father.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution commending Shawn Johnson for his academic accomplishments and achievements. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - KEVIN HURD, RE: RESOLUTION RECOGNIZING ACADEMIC ACCOMPLISHMENTS

Commissioner Voltz read aloud a resolution recognizing the academic accomplishments of Kevin Hurd, and presented the resolution to Mr. Hurd.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution commending Kevin Hurd for his academic accomplishments and achievements. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - PETER D'JEU, RE: RESOLUTION RECOGNIZING ACADEMIC ACCOMPLISHMENTS

Commissioner Voltz read aloud a resolution recognizing the academic accomplishments of Peter D'Jeu, and presented the resolution to Mr. D'Jeu.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution commending Peter D'Jeu for his academic accomplishments and achievements. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MR. AND MRS. FELL, RE: RESOLUTION RECOGNIZING ACADEMIC ACCOMPLISHMENTS OF MELISSA FELL

Commissioner Voltz read aloud a resolution recognizing the academic accomplishments of Melissa Fell, and presented the resolution to Melissa Fell's parents.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution commending Melissa Fell for her academic accomplishments and achievements. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - SUZANNE CLARK, RE: RESOLUTION RECOGNIZING ACADEMIC ACCOMPLISHMENTS

Commissioner Voltz read aloud a resolution recognizing the academic accomplishments of Suzanne Clark, and presented the resolution to Ms. Clark.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution commending Suzanne Clark for her academic accomplishments and achievements. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - SAMUEL LOPEZ AND REPRESENTATIVES, RE: RESOLUTION PROCLAIMING PUERTO RICAN DAY

Commissioner Higgs read aloud a resolution proclaiming November 16, 1997 as Puerto Rican Day in Brevard County, and presented the resolution to Samuel Lopez and representatives.

PERSONAL APPEARANCES - SAMUEL LOPEZ AND REPRESENTATIVES, RE: RESOLUTION PROCLAIMING PUERTO RICAN DAY (CONTINUED)

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming November 16, 1997 as Puerto Rican Day in Brevard County. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to appoint and/or reappoint the following:

Rotary Park at Suntree Community Committee

Bruce Stevenson, 1718 Spring Lake Drive, Melbourne, Florida 32940 replacing Gwen Heller, with term of appointment expiring December 31, 1997.

District 2 Canal Dredging Committee

Reappoint Joe DeMes, Albert Elebash, Roy Gunsler, Rusty Harris, Dr. Gregory Kirk, Glenn Morgan, and George Reynolds, with terms of appointments expiring July 14, 1998.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

PERSONAL APPEARANCE - REX BEECH, K. W. MAX INVESTMENTS, INC., RE: WAIVER OF TIME AND FEE FOR SMALL SCALE PLAN AMENDMENT 97S.3 AND ASSOCIATED REZONING FROM AU TO BU-1

Rex Beech, representing K. W. Max Investments, Inc., advised of his previous request for Small Scale Plan Amendment 97S.3 and associated rezoning from AU to BU-1 which was denied by the Board; and requested its approval for waiver of time and fee.

Discussion ensued regarding inconsistency and incompatibility of the request, locational separation, adding another billboard, and distance criteria.

The Board took no action on the request by Mr. Beech, K. W. Max Investments, Inc. for waiver of time and fee for Small Scale Plan Amendment 97S.3 and associated rezoning from AU to BU-1.

DISCUSSION, RE: PROCEDURE

Chairman O'Brien addressed the audience on the proper procedure for those individuals wishing to address the Board, including five-minutes for each speaker and review of video presentations. He requested staff report back to the Board regarding a policy on video tape presentations in the future and written authorization from television channels.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to allow presentation of the videos, including the video of Dr. Hillary Swain, and exclude the video of Bill Curtis. Motion carried and ordered unanimously.

DISCUSSION, RE: VALKARIA SCRUB RESTORATION TIMBER REMOVAL

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to close the speaker cards for the Valkaria Scrub Restoration Timber Removal. Motion carried and ordered unanimously.

Deanna M. Reiter advised of her opposition to the item.

Edward Slaney, Marie Slaney, Judy Dryja, and Travis MacClendon advised of their support regarding the Valkaria Scrub Restoration Timber Removal; and showed a video presentation to the Board. David Simpson, Karen Cogan, Ralph Bird, Tim Kozusko, Susan Rallo, Laurilee Thompson, and Zeke Nations advised of their support for the issue.

The meeting recessed at 6:44 p.m, and reconvened at 7:04 p.m.

Priscilla Griffith, Margaret Hames, Christine Ambrose, Dave Breininger, Marjorie Derrick, William W. Kerr, Barbara Ray, Edwina Davis, Mary Todd, Cameron Donaldson, Spence Guerin, Diane Stees, Michael Blasky, and Janis Walters expressed their support for the timber removal.

B. B. Nelson, James M. French, Martin Lamb, Victor Rudnizki, Donald H. Davis, Micah Savell, and Lil Banks advised of their opposition to the item.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to allow the video presentation of Bill Curtis. Motion carried and ordered; Commissioner Cook voted nay.

The meeting recessed at 8:30 p.m. and reconvened at 8:48 p.m.

The Board viewed the video presentation of Bill Curtis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Valkaria Scrub Restoration Timber Removal Project.

Discussion ensued regarding adequate public access to the site once the property is timbered, the EELS Program, clear cutting the burned area, and the bidding process.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Discussion proceeded regarding documentation of results, Volusia Timber and its qualifications, specificity of the pine trees, language revisions, and funding for public access and research.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to award quote to Volusia Timber, provided the Company submits a list of three projects of similar scope and respective references for each project; if such Company is not qualified, staff bring the item back to the Board; direct inclusion of language in the Contract under Special Conditions and Harvesting Practices, C, "County or its authorized agents shall make periodic inspections of the cutting and logging operations during the life term of this Agreement"; under Harvesting Practices, C, "All live merchantable pine trees are to be cut . . ." should specify which pine trees, such as sand pines or slash pines; include cutting trees perpendicular to the ground instead of at an angle; and the funds be put back into the site for public access and/or research, with documentation of results of the activity. Motion carried and ordered; Commissioner Higgs voted nay.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct the County Manager to investigate allegations made concerning possible corruption of the bidding process and why one company was not included in the bid process. Motion carried and ordered; Commissioner Higgs voted nay.

The meeting recessed at 9:45 p.m. and reconvened at 10:00 p.m.

DISCUSSION, RE: VALKARIA AIRPORT

Lisa McKasty, Curt Lorenc, Dewey Leidal expressed their support in closing Runway 927.

Charles Nash expressed his support for an airport manager at Valkaria; and Peter H. Crawford and Carl Carpenter advised of their support for Runway 927.

The Board and audience reviewed video presentations regarding Valkaria Airport.

The meeting recessed at 11:26 p.m. and reconvened at 11:42 p.m.

Molly Tasker advised of her support for repaving the runways; Sherman Childers, Jim Soldini, and John Casey expressed their opposition for closing Runway 927; Al Malerk advised a professional manager is needed for Valkaria Airport; and Jeff Lammers advised of his opposition for closing the runway, and stated maintenance at Valkaria Airport needs to be taken seriously. Joseph Pivowar stated the rules need to be complied with; E. B. Everette advised of his support for Valkaria Airport; and Gwen Garner stated a well-managed airport is needed at Valkaria.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to continue the meeting until July 16, 1997 at 6:30 p.m. and allow three minutes for each speaker to provide their comments. Motion carried and ordered unanimously.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 12:18 a.m. on July 16, 1997.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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