The Board of County Commissioners of Brevard County, Florida, met in regular session on March 10, 1998, 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 Reverend Martin Clark of Truth Revealed Ministries, West Melbourne, Florida.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of January 27, 1998 Regular Meeting and February 10, 1998 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: PROPOSED CONSTITUTIONAL AMENDMENT ON SOVEREIGN IMMUNITY

County Manager Tom Jenkins advised he sent a memo to the Board dated March 5, 1998, which contained an alert from the Florida Association of Counties on the Constitutional Revision Commission's dealing with the issue of sovereign immunity. He stated the fundamental issue being presented is whether or not it is an item that belongs in the Florida Constitution or something that should be handled legislatively which would give the Legislature the flexibility to adopt it at any time based on circumstance or situation. He inquired if the Board wished to consider the issue.

Commissioner Higgs stated it would be appropriate to send a letter, but she heard no support. Chairman Voltz stated it does not sound like there is any support.

REPORT, RE: TRIP TO WASHINGTON

Commissioner O'Brien advised he will be leaving for Washington on March 22, 1998 and will return March 25, 1998, consequently, he will miss the March 24, 1998 meeting. He stated he is going to speak to the Congressmen on the WORDA Board concerning the beach renourishment project and will see Congressmen Weldon, Micah, and McCollum to discuss future Space projects for Brevard County that will affect their Districts as well. He stated Brevard County needs their support to lower the cost of commercialization of Space.

REPORT, RE: DEDICATION OF ALZHEIMER'S FACILITY

Commissioner Cook advised the Alzheimer's facility on Wickham Road held its dedication; Chairman Voltz was there; and there was a great turnout. He stated they used the land the County donated to match funds to build the facility; it will be a benefit to the citizens; and thanked the Board for its support and making it possible.

Chairman Voltz advised she noticed there was no fence between the driveway to the Alzheimer's facility and the County's equipment which was very close to the road where people will be coming into the facility; and inquired if there are future plans to put something up or move the equipment. County Manager Tom Jenkins advised he will look into it.

REPORT, RE: MANATEE PROTECTION PLAN

Commissioner Cook advised the County submitted a very good Manatee Protection Plan that met the requirements he and Secretary Wetherell discussed when he was Chairman; there was an article in Florida TODAY Newspaper on the Manatee Protection Plan; apparently a committee looked at it; and a spokesman from Department of Environmental Protection, Mr. Arnold, Chief of the Bureau of Protective Species Management, commented that his reasoning for the committee not accepting the plan as it currently exists was twofold: (1) it relaxed restrictions on some boat speeds and failed to compensate by raising boat fees to hire more marine patrol officers, and (2) it failed to initiate manatee public education programs. Commissioner Cook stated he discussed with Secretary Wetherell the Board's position that marine patrol is a State agency; every year the Board requested additional marine patrol officers from the State for its waterways in its legislative package; and the Board rejected raising the boat fees because it was not the proper position of the County and is a State responsibility. He stated the Plan has been mis-stated; on May 20 and 21, 1997, the Board accepted the recommendations of the Citizens Manatee Protection Plan Ad Hoc Committee to add two new speed zones at various points along the Indian and Banana Rivers, increase regulations in four other speed zones, including Florida Power & Light Company and Orlando Utility's power plants, the Banana River, and a Merritt Island residential canal, reduce regulations in two speed zones to expand the water sports zone, increase speed along Sykes Creek channel if both sides could be appropriately marked, and remove three speed zones along the west shore of the Indian River north of SR 528 at the west end of the Indian River Barge Canal, and in some portions of the south Indian River. He reiterated that all the speed zone changes in the draft plan were recommended by the Ad Hoc Committee. Commissioner Cook stated the newspaper article pointed out that the Board failed to initiate public education programs in the Plan; however, the County accepted the State's offer to pay for a manatee coordinator, appointed a manatee education committee and increased the education component by creating a volunteer board, provided a computer program for manatee education and information segment on the internet bulletin board, and provided a manatee educational video. He stated it is amazing to read something like that from an official of Department of Environmental Protection when the Plan did include those items; it is a very good Plan; and the Board needs to contact Department of Environmental Protection to see if it can get a Plan implemented.

Commissioner O'Brien advised Commissioner Cook made all the points that are important for the public to be aware of; however, Mr. Arnold called him from his cellular phone about six weeks ago, said he would contact him when he got back to Tallahassee, but he has never called back. He stated Mr. Arnold indicated he would like to discuss the Plan and negotiate some of the items; negotiation is a two-way street; and to become a one-way street would make him a bad negotiator. He stated the newspaper said the Plan was rejected, but he has not seen a letter from Department of Environmental Protection saying it has been rejected, and no one has called him saying that; and he would like to know from the reporter who wrote the article who said the Plan was rejected. Commissioner O'Brien stated if Secretary Wetherell or Mr. Arnold wants to start negotiations, they can call the County or send a letter to set up a meeting; he has not seen the 15-page report and do not believe Department of Environmental Protection has seen it; and it could be a fabrication.

Commissioner Cook stated Secretary Wetherell has not rejected the Plan; she probably has not even reviewed it, as there was a committee that reviewed the plans; and there is no doubt in his mind that the Plan submitted enhances manatee protection in Brevard County, and no objective view can say otherwise. He stated he is very optimistic that it can be worked out if they engage in the facts with regard to the Plan; there are education and marina siting components, and all the components that were necessary to meet what he and Secretary Wetherell discussed more than two years ago; it is a good Plan; and the sooner it is approved and put into effect, the better it will be for the manatees.

Commissioner Higgs advised one of the staff members from the Office of Protected Species said there was a report given to the Manatee Technical Committee; she saw a copy of a page from that report which indicated in writing the Plan was rejected; but she shares the frustration that there is no written documentation and no official notification to the Chairman of the Board or to Brevard County. Chairman Voltz inquired how Commissioner Higgs got a copy of the report; with Commissioner Higgs responding she asked for it and got a copy from Department of Environmental Protection. Chairman Voltz stated Commissioner Higgs would not have gotten a copy if she did not ask for it. Commissioner Higgs stated she felt the Plan was floundering and called to find out what was happening because she wanted to see it implemented as soon as possible; collaboration from Department of Environmental Protection, Protected Species Office, indicated the Plan was not acceptable; and she feels that is their position, but share the frustration of the Board that they did not officially notify the Chairman.

Commissioner Cook stated he is also frustrated that there is nothing in writing that specifically says what is wrong with the Plan; someone mentioned the education component; however, the Board has increased the education component; and reiterated previous statements about the education component. He stated he wants to find out specifically what is wrong with the Plan, even if the Board needs to contact Department of Environmental Protection, and if they can work out something to implement the Plan.

Commissioner Higgs stated her information from Department of Environmental Protection indicates they had talked to Commissioner O'Brien and something is being scheduled.

Chairman Voltz inquired if Commissioner O'Brien is scheduled to go to Tallahassee on the issue; with Commissioner O'Brien responding they have not called him to say they are free to meet on any specific day. He inquired what Department of Environmental Protection told Mr. Peffer; with Environmental Services Administrator Stephen Peffer responding Mr. Arnold indicated they had completed their review, and that there would be an effort on their part to set up a meeting; that is when he called Commissioner O'Brien to tell him Department of Environmental Protection would be contacting his office to try and set up a meeting; and that was the last communication he had with them which was several weeks ago. Commissioner O'Brien stated they called but never asked for a meeting date; and Mr. Arnold said he would call back, but has not.

Commissioner Cook stated the County's lobbyist has a personal relationship with Secretary Wetherell; maybe he can find out specifically what is objectionable in the Plan; he reviewed his notes from the meeting with Secretary Wetherell two years ago; and he is confident the Plan meets all the criteria that Department of Environmental Protection had concerns with.

Commissioner O'Brien stated Department of Environmental Protection may or may not have a 15-page report. Commissioner Higgs stated she saw the page that dealt with Brevard County; she understands all the different manatee protection plans were in the report that was given to the Manatee Technical Committee; and having seen it, she can, with great reliability, tell the Board there is a written document, which she will forward to each Commissioner, that says the Plan was rejected. Commissioner O'Brien stated he would like to see it because Mr. Arnold was specific with him and said he would not put anything in writing at this time and preferred to start on a verbal basis; and if he has changed the rules, that is not negotiating in good faith. Commissioner Higgs stated the document says the Brevard County Manatee Protection Plan is found unacceptable; and the rest of the report deals with other manatee plans. Commissioner Cook stated Brevard County has one page, but in the newspaper Mr. Arnold told the reporter things instead of sending the 15 pages to Brevard County; and it seems more like a play than a good faith effort to get a plan in place.

Chairman Voltz inquired what the Board wanted to do; with Commissioner O'Brien responding when Mr. Arnold is ready to discuss it, he will call; it is not the County's responsibility to call them; the County gave Department of Environmental Protection a Plan a year and a half ago; it is still languishing some where, so there obviously is no emergency; and if there was no hurry then, there should be no hurry now.

Commissioner Scarborough stated the fact that it is now a matter of public record may warrant the Chairman writing a letter to Secretary Wetherell indicating Brevard County would like to proceed with discussions if they are ready; it has never been easy dealing with a higher authority that plays by its own rules and time; so he would like to make a motion authorizing the Chairman to send a letter to Department of Environmental Protection stating if they are ready to proceed, Brevard County would like to move forward with discussion of the plan.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Chairman to send a letter to Florida Department of Environmental Protection Secretary advising her that the Board is ready to proceed with discussions of the Manatee Protection Plan.

Commissioner Cook recommended asking Department of Environmental Protection to indicate specifically what it objected to in the Plan. Chairman Voltz stated she could outline in the letter what was in the newspaper and what has been done. Commissioner O'Brien recommended not asking for specific reasons for the rejection at this time in order to provide more flexibility when discussing the issues. He noted if it is in writing, it will be harder to reverse. Commissioner Cook stated someone has to deal directly with Secretary Wetherell who is the only person who can make a difference. Commissioner O'Brien stated he has no problem doing that, but does not want to get in a position of having to move the other side off the paper that it wrote its objections on; and there may be an opportunity to relieve some objections if they are not in writing.

Commissioner Higgs stated the Board's position is in writing; Department of Environmental Protection knows what it is; the Board needs to know what their objections are; and Commissioner O'Brien can make a great deal of progress talking with Secretary Wetherell or her Deputy Kirby Green, as either of them can move it along. She stated a letter from the Chairman followed by a meeting with either of those individuals can move it along. She stated Department of Environmental Protection has been allowed not to do its job to implement an acceptable plan; its job is to have a plan to protect manatees in Brevard County, but they have allowed it to go on forever; and they need to come up with changes to the County's Plan that they find acceptable or do a plan themselves.

Chairman Voltz inquired if there were any reasons for the rejection in the paper Commissioner Higgs saw; with Commissioner Higgs responding it was found insufficient, but she does not remember the particular wording, and could not say what they found unacceptable.

Commissioner O'Brien recommended not asking for objections at this time and leaving the door open for negotiations; and if the door is closed, it will be a battle to negotiate reasonable terms. Commissioner Cook stated it is not fair for Department of Environmental Protection to say that something is unacceptable and not tell the Board what it is. Commissioner O'Brien stated they will in the future, but the Board should let them do it verbally first.

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

REPORT, RE: SALUTE TO EMPLOYEES

Commissioner Cook advised County employees, on their own initiative, collected $1,610.00, 110 blankets, 14 extra large boxes of food, clothing, diapers, toys, shoes, books, linens, pillows, and toiletries to help our neighbors who were caught in the tragedy of the Central Florida tornadoes; and he would like to thank them for their responsiveness, generosity, and compassion with regard to a very serious situation in a neighboring county.

Commissioner O'Brien recommended Commissioner Cook return with a resolution for the Board's next meeting.

REPORT, RE: CERTIFICATE OF APPRECIATION

Chairman Voltz advised of receipt of a Certificate of Appreciation from James T. Howell, Secretary of Health, State of Florida, for implementation and expansion of health care to the citizens of Brevard County; and noted when Dr. Howell was in Brevard County, he said the County has a wonderful Health Department. She noted the County may get more money for it; and requested the County Manager have the Certificate hung in the Commission Room.

REPORT, RE: NATIONAL ASSOCIATION OF COUNTIES MEETING

Chairman Voltz advised she attended the National Association of Counties meeting in Washington, and had discussions with several people on beach renourishment; however, she has not had time to prepare a report, but when it is completed, she will send copies to each Commissioner.

RESOLUTION, RE: COMMENDING J. B. KUMP

Chairman Voltz read aloud a resolution commending J. B. Kump, Congressman Weldon's Administrative Assistant, for his dedication and outstanding public service.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution commending J. B. Kump for his dedication and outstanding public service for Congressional District 15. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to Mr. Kump. Mr. Kump thanked the Board, noting he is honored by the words and commendation; and introduced his replacement Mr. Best. He stated the County has been cooperative with the Congressman and has made the opportunity to serve the people a real possibility. Commissioner Cook stated it has been a pleasure working with Mr. Kump and the Congressman, and wished him well in his new endeavor.

RESOLUTION, RE: PROCLAIMING RED CROSS MONTH

Commissioner Higgs read aloud a resolution proclaiming March, 1998, as Red Cross Month in Brevard County in recognition of the outstanding disaster relief efforts of the Brevard County Chapter of the American Red Cross.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming March, 1998, as Red Cross Month in Brevard County. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Dean Matteson, First Vice Chairman of the Brevard County Chapter of the American Red Cross. Mr. Matteson stated, on behalf of several hundred volunteers from Scottsmoor to Sebastian, he extends their appreciation for the Resolution. He stated they just finished helping with the tornado damages; they have lifeguard, nursing, and hurricane season which is fast approaching, and they need volunteers and funds and would appreciate anything they can get from the citizens of Brevard County.

Chairman Voltz thanked Mr. Matteson for helping the victims of the tornadoes, and encouraged citizens to donate to the Red Cross. Mr. Matteson stated 90 cents of every dollar goes to service.

APPROVAL, RE: BILLS

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve the bills as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - COMMISSIONER JOHN MANNING, PRESIDENT OF FLORIDA ASSOCIATION OF COUNTIES, RE: FAC'S ARTICLE V INITIATIVE

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to hear Commissioner John Manning's presentation earlier than the time certain of 6:30 p.m. Motion carried and ordered unanimously.

Commissioner John Manning, President of the Florida Association of Counties and Chairman of the Board of County Commissioners of Lee County, introduced the FAC Executive Director Vivian Zaricki, and advised he does not have a presentation, but will bring the Board up to date on where they are with the Article V issue. He stated Article V is part of the Constitution that sets up the State Court System; it was passed in 1972, and voters went to the polls with the thought process that the hodgepodge court systems would be consolidated, the State would pay for the court system, and taxpayers would not be burdened with paying for it. He stated last week there were two significant no opposition votes. He noted in the last fiscal year the court system was a 1.2 billion dollar business of which counties paid approximately 600 million dollars; this is a once in a lifetime opportunity to get the Constitutional Revision Commission (CRC) to understand the severity of the issue with respect to local governments; and they finally have some language that state attorneys, public defenders, clerks of the courts, and all players who were brought together and have been courting and discussing this issue have solidified behind. He stated in recent weeks they have removed language originally attempted to be plugged into the Constitution that was very bad for counties; so the CRC language straightening out a situation that has been very unfair to local governments has passed its second reading. He stated the CRC will finish its work on March 17 or 23, 1998, but they can go to May 1 from a procedural standpoint; and he feels strongly FAC has the support it needs to move the language forward. Commissioner Manning advised depending on the size of the county and amount of expenditures the board pays for the court system, county taxpayers will save between $218 and $220 million a year; Lee County, which is approaching 400,000 in population, have gross court costs, including the Clerk's fees, of about $21 million; so it will save about $6 million per year which is a very conservative estimate. He stated they are very conservative and will probably look at reducing taxes for the taxpayers in Lee County with that money. He advised they still need to run a statewide campaign, but may not proceed with the petition drive; they will run radio advertisements and things of that nature to inform the voters. He noted there was an informed ballot test in December given to 800 voters who were likely to vote on the issue; 53% who barely understood the issue said they would vote in favor; 32% were against, and 15% were undecided; so if the undecided votes were split, it would be very successful. He noted there is still work to be done, and that is one of the reasons he came to address the Board; they each, on a pro rata share, have decided they would have a one-time assessment voted on by each county; to date, 25 counties have taken up the issue and passed the assessment; and they have raised about $1.7 million for the campaign. Chairman Voltz stated a few weeks ago there was only one county that supported it. Commissioner Manning stated they have been coming in fast and furious; by the end of next week they will have raised another $600,000; Dade County is still in the mix as are others; and he will be going to Hillsborough County and Pinellas County next week. He stated Lee County passed it on February 2, 1998; its assessment is about $105,000; their Board set aside $250,000 in its contingency reserve fund as a line item for the campaign; and he assumes Brevard County would see a relatively equalized savings because of the similarities in size of Lee and Brevard Counties. He requested the Board's financial support through a one-time assessment; and stated the investment will be tremendous in terms of return; and they feel strongly, as does the consultant, that the issue will pass. He stated they are trying to get the issue coupled with other ballot amendments that would be favorably voted on because the Legislature will probably lump this initiative with one other; they would like to get it separate, but the reality is it will probably be lumped in with another issue; however, they do not know what that issue is at this time.

FAC Executive Director Vivian Zaricki advised this is an issue which speaks to fundamental fairness; and when they did their poll in December, they found that voters respond to fairness in three ways--(1) equal justice, (2) equal taxation, and (3) fairness among levels of government. She stated it is unfair to have different types of court systems in different counties because of their ability to pay; they do not believe that justice ought to be meted out based on whether the county has the ability to pay; and that is why a statewide system is important. She stated counties pay 53% of the Article V costs; the State has a much broader base in its sales tax; there is a broad base of people using the judicial system, including visitors; so it is a better tax policy to have a broad tax base pay for the court system. She stated the counties do not have the ability to regulate the cost of the judiciary; they have to raise taxes to pay for conflict attorneys, witness fees, court reporters, etc. and have nothing to say about how that money is spent so they cannot represent their taxpayers; and those costs would be under the aegis of the Legislature who make the laws and set the fees. She stated the fairness issue will be the tone of their campaign this summer.

Commissioner Higgs inquired if FAC is hopeful that someone will control the court system. She stated it is frustrating to the Board because it seems there is no one in control; and inquired if there is something that will initiate that mechanism of control; with Commissioner Manning responding from a policy perspective yes, that is the driving factor behind clarifying the language in the Constitution and allowing the Legislature to look at funding methodologies over a period of time; it will not kick in until the year 2004; so they will have an abundance of opportunity to discuss the issue. He stated the CRC and its subcommittee dealing with this issue thought the cost to the State would be significantly higher; however, after they did the research and got the numbers and language down, the cost is about $275 million which is substantially lower than what the CRC originally envisioned. He stated the Legislators he talked to are more comfortable with the ability to look at a long-term approach to funding Article V; last year the Legislature put in $150 million incrementally; FAC has an opportunity to work with the Legislature to assist them in figuring out what revenue streams would be made available; but the biggest issue for his constituency is the possibility of increased services or reduced taxes. Commissioner Higgs stated her concern in shifting the cost to the State, which she supports through an Article V amendment, is that it does not get to the heart of the real problem, which is someone coordinating, controlling, and managing the huge judicial process more effectively; and she hopes FAC will work on that. Commissioner Manning stated his predecessor will work on that and he will try to work with him.

Commissioner Higgs advised her second issue is the original assessment was $121,000 which included the petition drive; and inquired if it has been recalculated since the petition drive has been eliminated; with Ms. Zaricki responding no. Ms. Zaricki advised of the $3.8 million campaign, $750,000 was for the petition drive, but they do not want to recalculate because they know realistically they will not get all 67 counties to pass the assessment, particularly the small counties that are having a hard time paying their share and have the ten mill cap; so they hope to make up the difference from the funds that will not be used for the petition drive. She stated what is not spent on the campaign will be reimbursed to the counties on a pro rata basis.

Commissioner Cook stated even though court costs have gone up each year, the Board has managed to keep taxes down; but it is becoming a challenge because court costs have gotten exorbitant. He inquired if the CRC is going to put something on the ballot to provide relief to counties and cities with regard to Article V funding; with Commissioner Manning responding his best assessment is the language will be part of a ballot. Ms. Zaricki advised the verbiage is complete and she is 97% sure it will appear on the ballot. She stated their consultants tell them when the public does not understand an issue, they will vote no to be on the safe side; that is the natural phenomenon; so even if it gets on the ballot, it will likely lose in November if they do not do a public education campaign to inform voters across the State about what it means. She stated if the voters are educated about what it means, they know from their opinion poll that the voters will vote in favor of the amendment; but it will not happen unless they run the campaign.

Commissioner Manning stated they are revisiting the budget to wheedle it down somewhat, but have not come to closure on that issue; they do not know if they can save a lot of money because they are looking at four mailings to a very targeted and selected group of voters, and some radio spots; however, they are not doing television to his knowledge because of its expense. He stated in looking at campaigns of this magnitude that will help county taxpayers statewide, it is not a substantially high budget. Chairman Voltz inquired who will conduct the campaign; with Ms. Zaricki responding CS2 whose principles are Craig Snyder and Roger Stone, both of whom ran the sugar initiative campaign and prevailed. She stated the education campaign is $3.2 million, but $2 million is just for the mailings and $750,000 for radio ads; and that is what it will take for a state which is the fourth largest in the country.

Commissioner Cook stated he supports the efforts of getting the State to take over their fair share of Article V costs, but he has a philosophical problem with taking taxpayer money and using it to fund a campaign to get them to vote for an issue. He stated it is advocating an issue with their money; there may be taxpayers that agree and others who do not agree; and that is the problem he has with the assessment. Commissioner Manning advised they have been diligent in giving papers to all counties on the issue because it is an important point; and time after time, and opinion after opinion indicate they are legal. He stated he shares Commissioner Cook's concern, and they have tried to address it and answer it from a legal perspective.

Chairman Voltz advised Brevard County spends almost $10 million in general revenue support for the court system, and $16.8 million total, including fees collected; and if the amendment passes, the County will save $5.5 million and could probably reduce taxes by 5%; and that would be a tremendous savings to the citizens.

Commissioner Scarborough advised it has been the philosophy of the Board never to put money into any ballot issues; it is like big brother saying he knows better and is going to teach the people how to vote; that is dangerous; and he will not vote for anything to educate the people because propaganda and control from big brother could mingle in the dialogues.

Commissioner Higgs stated even though the Board may not support the issue financially, Commissioners, as individuals and as a Board can advocate to local newspapers and send letters to the newspapers as part of the campaign in Brevard County. She stated she is willing to support it in that way, although not financially in terms of an assessment; and she is willing to speak on behalf of it, but share her colleagues' concerns in using money to educate voters.

Ms. Zaricki advised FAC wants the Board's support; it is not just about money; it is about counties having an agenda, determining that agenda, promoting that agenda, and communicating to the people about that agenda; and if the Board does not want to participate in communicating that is okay. She stated Brevard County has a long history of supporting FAC's position on Article V, and inquired if it would consider passing a resolution of support. Commissioner Higgs inquired if FAC will send information regarding Article V so they can be advocates; with Ms. Zaricki responding absolutely, Brevard County will get everything it has gotten in the past.

Commissioner O'Brien advised last year when he was in Tallahassee speaking on Article V funding, FAC was very helpful in assisting him at the hearing; it is a very important topic; and the Board advocates it and supports FAC on this issue.

Commissioner Higgs suggested the County Manager put things that come from FAC on the Agenda so the Board can be supportive in that way; and inquired if it wants to adopt a resolution of support. Chairman Voltz inquired if FAC has a draft resolution; with Ms. Zaricki responding they do not have a resolution, but there is a model ordinance in the package that was mailed to Brevard County with whereas clauses that will help staff put together a resolution.

Commissioner Higgs recommended Mr. Jenkins bring that to the Board as soon as possible, so when it goes to the ballot, the Board will know what to send forth to various media forces.

REQUEST FROM CHARLIE HARRINGTON, RE: WAIVER OF CONDITIONAL USE PERMIT FEE

Commissioner Higgs advised she understands Mr. Harrington's problem; however, if the Board waives the fee, it will be forced to do it in multiple cases, so she cannot support it.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to deny the request from Charlie Harrington for waiver of the conditional use permit fee for a hog farm.

Charlie Harrington advised he lives on a social security income of $1,100 a month; he has been dealing with cancer since 1993, and has numerous medical bills he has to pay because he had to go out of the County to get treatment and the insurance company did not recognize the hospital; and when he applied for agricultural exemption, he did not know that an additional permit was required. He stated there should be something stating that the additional permit is required.

Commissioner Scarborough stated the Board needs a uniform method to waive fees for hardship or other reasons; and inquired if there is a mechanism; with County Manager Tom Jenkins responding only for special events.

Mr. Harrington stated he pays over $200 a month in property taxes, and if he cannot get an exemption, it will cause a great hardship because he has to pay medical bills for two or three years.

Commissioner Cook inquired if there is a method for Mr. Harrington to pay the fee over six months rather than all at once; with Mr. Jenkins responding he thinks the Board has done that in the past.

Chairman Voltz stated Government should not be so restrictive not to bend the rules to help its citizens in situations like this; and they should be more responsive to the public. Commissioner Cook stated he is willing to spread the payments over time; and over one year the impact will be less, and the Board would not have to waive it. Commissioner Scarborough stated it would be $35.25 per month for one year. Mr. Harrington stated $1,100 does not go far when there are a lot of medical bills; he is not trying to be a dead beat; he pays his taxes; but right now he is treading water. Commissioner Higgs stated it is an issue of fairness to all the people who have paid and will pay permit fees; and unless the Board has some mechanism of suspending the payments, it is not fair to those who have gone through the process and paid the fees. She stated the Board has to be fair and just to all the people as best as it can be. Chairman Voltz stated Mr. Harrington was not notified he needed another permit and he does not have the $423 to pay for it. Mr. Harrington stated he could afford it in 1994, more than he can now.

Commissioner O'Brien withdrew the second to the motion. Motion died for lack of a second.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to allow Mr. Charlie Harrington to pay the $423 conditional use permit fee for a hog farm over a period of one year. Motion carried and ordered unanimously.

The meeting recessed at 6:45 p.m. and reconvened at 6:53 p.m.

DISCUSSION, RE: COUNTY COMMISSIONERS' SALARIES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table discussion on County Commissioners' salaries until March 17, 1998. Motion carried and ordered unanimously.

DISCUSSION AND APPROVAL, RE: POLICY BCC-28, BUS BENCHES AND SHELTERS

Carl Hughes, representing Titusville Jaycees, advised of the Jaycees support of the community, problems recruiting young people between the ages of 21 and 39 due to the layoffs at Kennedy Space Center, and of their activities not only in Titusville, but recently in Sanford and Winter Garden, delivering trailer loads of food, furniture, and goods to help the victims of the recent tornadoes; and stated the fees from the benches help to offset the cost of electricity and water; and requested the Board help them continue the organization.

Commissioner Cook inquired if the company that puts in the benches is independent of the Jaycees; with Mr. Hughes responding yes, but there are Jaycees in the company.

Norma Savell advised she noticed more benches on Merritt Island, but people do not sit on them and she has not seen buses stopping there; at SR 520 and SR 3 there are three or four benches in front of a business that seemed to have appeared; and there are ads on them. She stated the County has a strict Sign Ordinance for the rest of the County; and if it decides to have bus benches, they should be placed at bus stops only.

Mary Ellen Kienzle, representing Melbourne Area Junior Women's Club, advised the Jaycees donated a bench to their organization to advertise their club as they could not pay for the bench ad; the only thing they asked was to call them if there are benches in disrepair in the community so they can take care of it; and they are very thankful to the Jaycees.

Carol Halliburton, representing Metropolitan Company, advised she works for the company that places the benches and understand there are bandit benches which do not have permits and are placed illegally. She stated they are self-regulatory; they do not fill every spot with ads; they make, place, and maintain the benches; and they cover the liability. She noted they would like to have their benches at designated bus stops.

Commissioner Scarborough inquired if Ms. Halliburton has any comments on staff's recommendations; with Ms. Halliburton responding she does not, but Mr. Moos may.

Andrew Moos, Statewide Coordinator for Florida Jaycees, advised they have been working with staff and think the changes are good; it is their wish to supply benches at bus stops; and they have been doing it for many years without compensation from the County. He stated there was discussion about 100 additional locations deemed necessary for bus benches and shelters; but they cannot afford to get involved with shelters which cost about $7,000 to $10,000. He stated 25 out of the 100 may warrant shelters; and if they could afford to provide shelters they would do it. Mr. Moos stated there was a huge problem on Merritt Island with illegal benches; they are not insured or permitted by the County; and there is nothing to stop someone from suing even though it is not their benches. He stated he is in favor of having all the bandit benches removed. He stated they were shown a copy of a 60-day contract; and they are not interested in a 60-day contract which would not be in their or the County's best interest. He noted they sent the County $500 for the 100 permits for benches; they visited the locations and will put in benches so patrons of SCAT will have a place to sit; and they will move the benches if a shelter is built. He noted they are desirous of keeping the project and fulfilling the needs of the County.

Commissioner Higgs advised the policy refers to points of pedestrian convenience; and inquired how are those determined; with Mr. Moos responding people in the community, nursing homes, schools, hospitals, and businesses that need a place for people to sit call in; and that is the criteria they use to place pedestrian benches, but the benches in residential areas will not have ads, and the County has the authority to ask them to remove the benches. Commissioner Higgs inquired if the Jaycees want the ability to place benches where they decide, and does not support the paragraph of Traffic Engineering Department or Florida Statutes criteria; with Mr. Moos responding on the contrary.

Commissioner Scarborough advised III.B. of the Policy says designated bus stops, but it has been indicated that benches may not all be placed at designated bus stops; with Mr. Moos responding their goal is to provide seating service and fulfill a need for riders; but if a location does not warrant a bench, then the County has control by not issuing a permit for that location.

Commissioner Cook stated some communities have strong deed restrictions, and the County has a strong Sign Ordinance, so putting benches anywhere would defeat the purpose of the Ordinance. Mr. Moos stated his fear in bidding the benches is companies that want to make a huge income from the project; the Jaycees have strong control; and if there are 30 bus stops on Wickham Road and the County only wants ten benches, that is what the Jaycees would do. Commissioner O'Brien recommended the benches at designated bus stops be deemed appropriate by SCAT.

Chairman Voltz advised she called the cities about the point of pedestrian convenience and sent them copies of the policy; and they all had a problem with the point of convenience. Commissioner Cook suggested removing that from the policy. Commissioner O'Brien recommended getting permission from the cities. Commissioner Higgs stated the policy only applies to the County, and if there are bus stops inside the cities, they would permit those. Assistant Public Works Director Ed Washburn advised if the bench is on County right-of-way in an incorporated area, they need a permit from the County, but staff does coordinate with the cities. He noted he and Mr. Osborne have problems with point of pedestrian convenience because people will not sit at busy intersections.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to delete point of pedestrian convenience from the policy; and revise III.B. to read "Bus shelters and benches shall only be permitted at designated bus stops along existing SCAT bus routes which are deemed appropriate for benches by the County." Motion carried and ordered unanimously.

Commissioner O'Brien recommended a procedure to get rid of bandit benches; with Mr. Washburn responding staff has that ability in the Ordinance. Commissioner O'Brien recommended benches be placed on cement pads larger than the width of the bench so people do not have to sit with their feet in the mud. He stated the Jaycees should not be required to do that, but the County should be a partner and install the pads. Commissioner Cook recommended leaving it open as there may be places where they are not appropriate; and stated the County should not do it since the applicant gets the revenue. Commissioner Higgs suggested pebbles instead of concrete.

Commissioner Scarborough advised the prior agreement required permission from the owner of adjacent property to place a bench in front of a business, as the ad may be for a competitor; and recommended written approval of the signage be obtained from the adjacent property owner. Assistant County Attorney Shannon Wilson advised it can be written into the agreement, as the Agreement with Metropolitan has it.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to require written permission from adjacent property owners to place a bench with signage in front of their property. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Policy No. BCC-28, Bus Benches and Shelters, as amended. Motion carried and ordered unanimously.

Chairman Voltz advised V.C.5. requires inspections at least one time per month; during the summer months they should be inspected more often because the grass grows faster; and inquired if the Board wishes to change it. Commissioner Higgs suggested leaving it as is to see how it works.

Chairman Voltz advised the Board needs to approve an option for bus shelters and benches under staff's report; and recommended approval of option 3.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Option 3, authorizing SCAT to work with local Jaycees placing benches utilizing the Metropolitan Bench Agreement. Motion carried and ordered unanimously.

Mr. Jenkins advised staff needs direction whether to go ahead and put in shelters and fund them or to advertise a request for proposals; with Commissioner Cook responding part of his motion is to include that the County fund the shelters, and there be no advertisements on the shelters.

REVIEW OF BREVARD COUNTY CODE, RE: CONCERN OF PATTIE L. MYERS ABOUT SECURING LARGE DOGS

Commissioner Scarborough advised the item came from City of Titusville's Attorney Dwight Severs, at the request of City Council; and Ms. Myers can explain the problem.

Pattie L. Myers advised her neighbors purchased two Rottweilers and a Labrador; she has a standard three-foot fence and the dogs could easily jump her fence and attack her children in her backyard; she contacted Animal Control, City Council, and the City Mayor's Office; and she was advised the City has no fencing regulations, but the County Ordinance requires owners to keep dogs on their own property. She stated that is inadequate; the Ordinance should be proactive rather than reactive; and it will be of little consolation to her after her children are attacked and mauled in their own yard by aggressive dogs. She stated after talking to others, it became evident the problem is more widespread than her neighborhood; she heard stories about children attacked by large dogs that jumped their fences and joggers chased by free-roaming dogs that got out of their yards; therefore, she would like to ask the Board to look at a Countywide ordinance requiring owners of dogs over 30 lbs. to install a minimum six-foot fence. She stated it would be a disservice to grandfather in existing dogs, as it would defeat the purpose by allowing the majority of large dogs to remain with inadequate fencing.

Commissioner Scarborough advised of a memo from the Animal Control Director that says under the current Ordinance owners must control their dogs and provide secure fencing; the County has rules dealing with fencing and rules dealing with animal control; fencing is part of the Zoning Code; and some cities have zoning regulations that may have fencing height requirements. He inquired if the Animal Control Ordinance requires an eight-foot fence, and the City only allows a six-foot fence, would the County Ordinance supersede the City Ordinance.

Animal Control Director Joe Ward advised it would not supersede a city ordinance; the County's requirements are simply that the dog owner must maintain the security of the dog, and that could be by fencing, keeping it in his house, on a chain, or whatever.

Assistant County Attorney Shannon Wilson advised the County would have to coordinate its Animal Control and Zoning Codes to resolve any conflicts between the two; if it is a health and safety issue, the County can deal with it; but it would be more difficult to deal with a city zoning ordinance.

Commissioner Scarborough advised the City of Titusville sent a letter so it is willing to defer the issue to the Board; and recommended the County Attorney and Animal Control Director be instructed to contact various municipalities to get an interpretation of where they would like to go and if they see it as a problem the County needs to address. Commissioner Cook stated he does not see it as a problem; fencing within a city is up to the city council; and the Board would be out of line to start stepping on cities. He suggested the County Attorney get with the City Attorney and discuss it. Commissioner Scarborough requested authorization to meet with the City Attorney and Animal Control Director, and send a report to the Commissioners. He advised Ms. Myers he will let her know when the meeting is and she will be included.

Chairman Voltz advised the memo from Mr. Ward says the provision that allowed taking a dog for being in an unsecured area was deleted; and inquired when and why that was done; with Mr. Ward responding there was a line that allowed the County to take any animal that was in violation of the Articles; and that was eliminated in the last revision of the Animal Control Ordinance because of a legal issue having to do with property rights and due process. Mr. Ward advised dangerous dogs fall under a different category and have very tight controls.

Chairman Voltz advised Ms. Myers that Commissioner Scarborough would contact her about a meeting with all the parties involved.

The meeting recessed at 8:01 p.m., and reconvened at 8:09 p.m.

DISCUSSION, RE: CREATION OF NEW CONDITIONAL USE PERMIT (CUP) DESIGNATING AREAS FOR RECREATIONAL VEHICLES

Commissioner Scarborough advised he had a couple of meetings with some groups, and a conditional use permit idea came from the County Attorney; the random use of ATVs creates a problem for law enforcement determining whether the person has permission from the property owner to be there; and those issues can be resolved with permitting of designated areas. He stated how that can be done is what the Board needs to discuss; he went as far as he could with discussions; and inquired if the Board wants staff to do some work exploring ideas and bring them back to the Board for consideration.

George Dirschka advised they had two meetings with Commissioner Scarborough in his office concerning off road vehicles and motorcycles which are responsible for a tremendous amount of noise in South Titusville, from U.S. 1 to I-95, and the degradation of road shoulders and private property. He stated the County closed the Off Road Vehicle Park so they have no place to go except on private property and public rights-of-way; and they have torn down or pulled up no trespassing signs and poles on trails crossing their property. He noted representatives from five subdivisions and people who belong to motorcycle clubs and who sell those types of vehicles were at the meetings discussing the issue; they feel something must be done to provide some place for those people to ride; right now they drive over lawns, small trees and brush indiscriminately; and people cannot carry on normal conversations on their back porches because of the noise. Mr. Dirschka advised normally for a CUP the neighbors within 500 feet are interviewed to determine if they will be affected and how they will be affected; and in the case of ATV's, they make so much noise that the County would have to interview people within a half-mile radius. He stated they are operating unlawfully and illegally on private land; the Sheriff cannot prosecute or go after them because they must have trespass affidavits from the land owners; and a lot of them are absentee owners which makes it practically impossible, so those people go there with impunity. He stated they comment that other people go there such as birdwatchers, and that it is family recreation; he does not doubt there are many fine people with children who use those vehicles; but the majority seem to be of a different type. Mr. Dirschka stated 2.7 million people visited the Space Center last year; a good portion of them used SR 405; it is the worst looking State highway in the County; the State spent thousands of dollars laying new sod along the shoulders of that road; and they are being torn up by ATV's and motorcycles. He noted they have torn up private property at the corner of Barna and SR 405 and Sisson Road and SR 405 to the point where the sand is off the hills onto the road and creating a hazardous situation. He stated it has gotten to the point of being an emotional issue; the quality of life has been reduced by the continuous racket from those vehicles; and the Sheriff has a problem because the Noise Ordinance is too difficult to enforce, so the residents have no recourse. He stated a CUP may be the answer, but an off road vehicle park is also a good idea; and if the Board considers a CUP, it should take into consideration the distance the noise travels. He stated hopefully the Board can take some action to help them and relieve the situation.

Commissioner Scarborough inquired to what extent were ATV's utilizing the Off Road Vehicle Park; with Parks and Recreation Director Chuck Nelson responding he arrived in 1990 when the transition was already in progress; they had a significant reduction in usage of the Park by those types of vehicles because of concerns with liability; and there were a variety of other things. Commissioner Scarborough stated he understood it was a different type of vehicle using the Park for organized races as opposed to using sand hills for open recreation; with Assistant County Attorney Shannon Wilson responding it was open for limited purposes such as mud bogs and go cart races. Commissioner Scarborough stated the ATV owners want to utilize more land than just for organized events; so to have an off road vehicle park is not the intention of the ATV owners. Mr. Dirschka inquired if there could be an ordinance that says before a vehicle of that type can operate on private property, they must have written permission from the property owner. Mr. Dirschka stated it would avoid the problem law enforcement faces of determining where the land owner is; and any owner that grants permission must get a CUP.

Ken Pontius presented pictures of the area and documentation to the Board showing portions of extensive property damage; and stated the biggest issue is the Noise Ordinance; he does not know why it cannot be enforced in the area; even though it is not developed, it is zoned residential; and almost every weekend he has to call the Sheriff's Department to send someone out there, but all they do is chase the riders off instead of issuing citations. He stated every weekend he does not like being on his property; if he steps out his door, he hears one of those vehicles and it drives him crazy; he has lived in the area for two years, and it has been going on for two years. He stated it is a nice area with nice homes and great developments; outsiders are coming into the area creating the noise and disturbance, destroying property, and trespassing; and it is not getting any better. He stated most of the paperwork he distributed was from a couple of years ago; he does not understand why something has not happened in the last two years; in one instance the neighbors signed a petition complaining about it; but nothing was done. Mr. Pontius stated he does not know whose fault it is; it seems like a combination of the laws and definitely the Sheriff's Department; the person who responds may seem willing to help and go out there right away; but in some cases they said they chased them away when they did not, because his wife has seen them. He indicated the ATV riders think it is a joke when they see the Sheriff's deputy; they wait until he leaves, and they start again; and that is part of the problem. He stated there is a lack of communication in the Sheriff's Department as to what laws those people are violating; it is a clear violation of the Noise Ordinance, and it is trespassing; and a lot of the land owners may be from out of state and are not aware of the problem. He stated he does not know how to solve the problem other than notifying the owners and forcing them to put up barricades and signs, and if they are torn down, those who tear them down be cited; it is getting out of hand; he does not want to live there any more; it is sad that it has gone on this long; and he would like to see something done. He stated if the CUP is convenient for them, maybe they will go to that location, but if it is not convenient, they will not go.

Mary Tees, President of Port St. John Homeowners Association, advised the residents of Port St. John have in the past expressed their concerns regarding safety and aesthetic values with the use of ATV's on County rights-of-way and private property; and the degradation of land, especially on Grissom Parkway is readily apparent. She stated gouging of the soils and complete destruction of vegetation contribute to erosion of sand in the swales thereby creating water flow problems; no neighborhood wants to look like an exploded mine field, but that is what is happening along Grissom Parkway and residential land values will drop as the natural landscape continues to be destroyed. She stated children 8 to 14 years of age run those motorized vehicles without regard for their own personal safety; they do not wear helmets and run at excessive speeds with more than one person on the vehicle; and some control is necessary to protect the environment and the riding public from the explosion of ATV's which has grown to the point where they have a hotdog stand on the corner of Kings Highway and Grissom Parkway on weekends catering to those families. She stated she has driven down Grissom and the ATV's were going faster than she was; the rights-of-way were never designed to be ATV terrains; but that is how they are being used which is destruction of public property and the Sheriff should be allowed to ticket those unlicensed vehicles using County rights-of-way. Ms. Tees stated the noise is totally unacceptable; the previous gentleman expressed his concern about the noise and his distress; noise pollution is as bad as any other pollution; and it can destroy the psyche of a person if he cannot come home and enjoy some peace and quiet. She stated they do not have peace and quiet, but they have utter and complete noise pollution; and some definite measures have to be taken to protect the residents.

Conrad Eigenmann presented a report to the Board, and stated he has lived in the area 35 years and enjoyed the trails like other families have; he sees both sides of the issue; and at the meetings in Commissioner Scarborough's office, one thing that seemed to have a consensus is finding places for people to ride ATV's. He stated law abiding family oriented people will go there; Florida Statutes Chapter 375 lists hunting, fishing, swimming, boating, camping, picnicking, and motorcycling as outdoor recreation; the County looks for areas for fishing, camping, picnicking, etc.; and it could designate areas where those people can ride. He stated the Sheriff and Police Departments' representatives at the meetings said there is not much they can do; he does not know if a CUP program would prevent people who do not want to abide by the laws from going out there anyway; and if the majority of ATV people and motorcycle riders had a place to go, there would not be a problem. He described the events that took place in the 1970's regarding the Off Road Vehicle Park, noting there was not a place for people to go and just ride, and liability concerns and insurance costs made it unusable. He stated if the Board could designate areas for ATV owners to ride and deal with those who refuse to abide by the laws, everybody will be happy. Mr. Eigenmann advised there is State legislation that is bringing up State OHV Programs; there are federal funds available for counties that have OHV Programs; so there is money out there if the County wants it.

Commissioner Scarborough stated he understands the ATV people want as many places as they can get that would not be objectionable; a County off road vehicle park would be very concentrated; and it surprises him that Mr. Eigenmann who is speaking for the ATV people has a restrictive concept. Mr. Eigenmann stated he has avoided proposing a park; a park would be restrictive; but there needs to be designated areas for riding in all areas of the County. Commissioner Scarborough stated an ATV park in his District would be 30 to 40 minutes drive for most people; and what Mr. Eigenmann is proposing is very restrictive that requires the County to enter into some type of control over the properties and limit the properties that would be available. Mr. Eigenmann stated it would basically designate areas where they can and cannot ride and not limit them to certain park areas.

Commissioner Higgs inquired how could the County designate an area if it does not own the property; with Mr. Eigenmann responding the County designates parks, fishing aras, hunting areas, picnic areas, and camping areas on County property. Commissioner Higgs inquired if Mr. Eigenmann wants the County to use existing land or buy land; with Mr. Eigenmann responding his proposal suggests setting up a committee of homeowners, Commissioners, County staff, and ATV and motorcycle riders to look into the feasibility of setting up areas to ride.

Tom Mahone advised he has been a member of the Apollo Motorcycle Club since 1969; the complaints from Mr. Dirshka and others are legitimate and need to be resolved; they agree with that; but Commissioner Scarborough's proposal of a CUP is overkill and not attacking the problem. He stated the problem is noise in residential areas and scarring the sides of the roads; a CUP would eliminate any place for any off road vehicle to ride; and he opposes it because it would make everybody who rides those vehicles illegal. He stated there are laws on the books, but the Sheriff cannot get proper laws to enforce the rights of homeowners; and the Apollo Club probably made most of the trails when there were no homes around there.

Commissioner Scarborough stated the CUP was an idea; the Sheriff has difficulty enforcing laws on private property; and if Mr. Mahone does not like the idea, he needs to come up with ideas to solve the problem because ATV riders can go anywhere, but the man in his home cannot without giving up his home or going mad. Commissioner Scarborough stated the Board does not have arrest powers and can only enact laws. Mr. Mahone volunteered his Club to get the mavericks, and suggested the laws be given to the Sheriff who can arrest those that violate the laws. Commissioner Scarborough stated the Sheriff said he does not have enough to go on; with Mr. Mahone responding he has enough with disturbing the peace and the noise. Commissioner Scarborough stated the Sheriff is not here tonight, so perhaps the Board needs a workshop with the Sheriff, homeowners and ATV owners; and Mr. Mahone should not be out there enforcing the law.

Chairman Voltz inquired if Mr. Mahone has written permission from the land owners who said they do not care if he rides on their properties. Mr. Mahone stated there are a lot of landowners who say they will not give permission, but nobody would be there. Chairman Voltz stated that does not give Mr. Mahone the right to go on their property. Mr. Mahone stated the County owns about 50% of all the property, but nothing is open for ATV owners.

Kelly Fratz presented pictures, explained locations and damages, and asked the Board for help. She stated the land that runs parallel to Sandra Drive is County property; on the other side of the woods there are no trespassing signs; it is the City's wellfields; and that is where most of the damage is, 15 feet from her back fence. She stated they light fires at night; a house at the corner of her neighborhood was burned; the walkway from Meadowridge for children was closed because ATV trails run against the walkway and trees may fall on it; and the Road and Bridge Department has to come up to Sisson Road and scrape it. She stated millions of people drive by and see the devastation; the trails are getting so large that trucks come in and dump trash; and invited the Board to come to her house to see the damage and trash. She stated ATV owners have rights also, and she would like to join the committee to do something about the problem.

Daniel Pankey stated he is a former resident of Oaktrails at Meadowridge, and his father is the past President of the Homeowners Association; most of the damage is caused by four-wheel drive vehicles; they caught one, but the Titusville Police let him go; and requested Commissioner Scarborough go back there to see who is out there racing on the sand hills. He stated he purchased an ATV; there are no signs saying he cannot ride there; he avoids places with signs; but his ATV is not loud and has a big muffler so there are ways to reduce the noise. He requested the Board help them and not ban their use of ATV's; and noted they will abide by the laws.

Bob Glinski, President of Meadowridge Homeowners Association, advised in 1989 the Association, in concert with Condev, wrote to Titusville asking it to do something; they put up fences at a cost of $4,000; Titusville said it feels the pain, but cannot do anything because there is no way to enforce it; and they need a way for law enforcement to stop those vehicles and dirt bikes. He stated perhaps a committee can work it out.

Commissioner Scarborough stated there are several issues, noise, trespassing, enforcement, permission from landowners, a CUP process, and designating areas; the CUP process would designate areas that are not in proximity of residential areas; but there is apparent dislike for that process. He stated Florida Department of Transportation was at some of the meetings; he received a letter from the Valiant Air Command stating they are tearing up the grass in front of their tourist attraction; the County has roads out there; and Ms. Tees spoke about the problem in Port St. John, so there are different issues, different people, and different types of vehicles involved. He stated the Sheriff's Department has been out there on ATV's chasing people around and not solving the problem; it is something that needs a solution; and perhaps Mr. Jenkins could prepare a list of people who should be involved, such as the Sheriff's Department, Parks Department, FDOT, Road and Bridge, everyone here tonight who want to participate, and those who previously participated in the meetings. He stated the problem is getting worse and needs to be addressed; they need to find out what the Sheriff wants and needs to do; probably no one would care if there is an ATV out in vast areas of the County; probably people will go there if they need to; and the Sheriff may like nothing better than to have a place to send those people.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Manager to put together a committee of representatives from Florida Department of Transportation, Sheriff's Department, Parks and Recreation Department, Road and Bridge Department, State Attorney, and anyone who should be involved to discuss problems with ATV's and other types of vehicles riding on private property and causing noise pollution, and return to the Board with a consensus on a recommended solution.

Chairman Voltz advised of a similar problem with Margaret Pullen; and inquired if the Noise Ordinance is so restrictive that the law enforcement officers cannot enforce it. Mr. Jenkins advised he will find out at the meeting.

Commissioner Higgs recommended the County Attorney draft a proposal or outline on the CUP process and bring it back to the Board as a backup if the Committee does not come to consensus on a solution. Commissioner Cook stated he would prefer to see what the Committee comes up with first, but the County Attorney could review the CUP process. He stated he does not believe ATV's are allowed on County rights-of-way; State law requires drivers of ATV's to be 16 years of age or older; there are trespassing laws; and those things need to be considered with regard to enforcement. Commissioner Higgs suggested the County Attorney prepare a memo outlining how the CUP would work for the Committee to consider.

Chairman Voltz inquired if there is an Ordinance saying if they have ten acres or more they can ride an ATV on their property, or any regulations for ATV's; with Mr. Nelson responding there is a CUP process and requirements for motocross, but it does not relate to individuals on their own property. Chairman Voltz stated they need to go somewhere to ride, and the County may need to provide it for them. Commissioner Scarborough stated if the County purchases property, it will create a burden on ATV people; he would need three areas to be convenient; there are property owners who do not care if they ride on the property; and the ATV people seem sincere of wanting to work through the problem. Chairman Voltz requested someone from her office be involved.

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

PERSONAL APPEARANCE - BRIAN BOGDANOWITZ, RE: MARIANA OAKS SEPTIC SYSTEM AND DRAIN FIELD FAILURES

Brian Bogdanowitz advised Mariana Oaks is only two years old, and six of the 15 homes have had septic and drainfield problems; the septic systems were installed by Coastal Septic Services, Inc.; and Coggin Plumbing installed the plumbing, but the pipes were installed incorrectly and raw sewage backed up into the house. He stated Coastal Septic said it was grease, and Coggin said it was soap suds that collected and hardened causing the water to back up to the house; however, they are not telling the people the truth and are not credible. He stated they corrected the angle of the pipe and Coastal revitalized the drainfield, but it is only guaranteed for one year and is not a fix. He noted it will cost $3,280 to rip out the drainfield and replace it; and so far he has paid $900 to have the tank pumped twice and for the revitalization. Mr. Bogdanowitz advised they installed gutters and down spouts, do not use the garbage disposal and dishwasher, and bathe every other day which is not acceptable; all six houses that are experiencing problems are within the parameters of water usage; and they want someone to be responsible for paying for the problem and to protect their investment.

Mary Tees, President of Port St. John Homeowners Association, advised Mariana Oaks has a number of problems; it is muck land, but a development was allowed to go in there; and no matter how much sand they put in, it will still be mucky soil and the water will go nowhere. She stated the County was not aware of the problem with the pipes going from the house to the septic system until Mariana Oaks; no one inspected the pipes which were installed incorrectly; they have a plumbing problem in there, not just septic; and in one case the drainfield was put on someone else's property and had to be moved. Ms. Tees stated the people are bearing the brunt of the problems; they were not cheap houses; some sold for $130,000; there are only two houses with children, and the rest are empty nesters who do not use enough water to cause the problems; and inquired where does the fault lie. She stated Coastal says it is the homeowners; the plumbing company says it is the septic people; so the people are caught in a bottomless pit. She stated they asked for better soils and bigger tanks; it is not the only development in Brevard County that is experiencing these problems; Wellington Estates which is an upscale development has similar problems; and somehow it has to be addressed. She stated they need to look at undesirable soils because there is no good sand to put houses on; that is part of the problem in Mariana Oaks; and the Port St. John Homeowners Association supports their plight.

Patricia Kaplan advised she bought her home in Mariana Oaks in 1995, and it was already built; it is sad that two homes in the area are already up for sale; and the owners are concerned about the publicity and what it will do to the market value of their homes. She stated she spent $110,000 for her home, put gutters, down spouts, and many improvements which she will never get back; and she is in the retirement of her life. She stated it is sad that the quality of building and inspecting is so poor that they did not see if the pipe was tilted the right way; in her case the contractors men dumped tile grout down her toilet and it caused a complete blockage; and it is disconcerting to see that the builder goes on, Coastal Septic goes on, and the homeowners are left with the blame. She stated the builder should have to pay some heed to their problems.

Leon Kocol advised when they were selling their land in Clearlake Terrace, they were told by an inspector they had to put in a new drainfield; he asked them to check if it is good soil for the drainfield, and was told for two people there should be no problem; and it cost him $2,500 before he moved out. He explained before building in Mariana Oaks they had holes dug and checked the soils for retainage and water flows, and four holes did not allow the water to go through, so they had a bulldozer dig all the land out and refill it with sand at a cost of about $6,000; consequently, they do not have the problems yet that are being experienced by the other people. He inquired if builders get proper permits to dig the land to see what the soils are like; and stated if not, they should be doing that. He noted the same man who put in his drainfield in Clearlake Terrace, put one in at Mariana Oaks; they did everything to prevent water from going into the drainfield because of past experience; and hopefully their final investment is not deterred because of the conditions that presently exist. Mr. Kocol stated they were told when they purchased their land that there would be no building behind them; now they are selling the land and will be building Romar Homes; and the area is lower than Mariana Oaks. He stated there should be some investigation on how the permits are allowed for builders to build without telling owners what is being done; and requested the Board do what it can to help the residents.

Commissioner Scarborough stated he does not want to see the problem perpetuated, but does not know if there is something the County can do; and maybe there is a problem with the capacity to drain that does not exist elsewhere. He stated the County issues permits for septic tanks and is aware of the extraordinary number of failures in Mariana Oaks; so it would be appropriate to look at the area in a special light. Chairman Voltz advised of her experiences with septic tank failures in southwest Palm Bay, and how they were blamed for the problems which they did not cause, just like the homeowners in Mariana Oaks are being blamed. She stated they replaced the whole thing and has not experienced problems since, so something was done wrong up-front.

Commissioner Cook related his problem with a collapsed sewer line that runs from his house to the street that he had to replace at a considerable cost. He stated his concern is the inspections and what regulations there are on muck land and soils to determine if they are suitable. He stated the County requires testing and inspections, but the Board may need an update on what is out there now to see if it is adequate for what needs to be addressed.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Manager to provide a memorandum on what processes go through inspections, and what regulations exist on muck and testing of soils to determine if they are suitable for septic systems and drainfields. Motion carried and ordered unanimously.

REPORT, RE: ST. PATRICK'S DAY RECOGNITION

Commissioner O'Brien advised a week from today will be St. Patrick's Day; and he asked Sharon Luba to work with the County Manager to set up food and drinks in the lobby, such as green covered doughnuts, cookies, orange juice and coffee that he will purchase in recognition of St. Patrick's Day.

BIRTHDAY WISHES Commissioner Scarborough advised Chairman Voltz is having a birthday soon, and extended happy birthday wishes to her. Chairman Voltz stated it will be the big 50 on Saturday.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 9:34 p.m.

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

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