MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 26, 1999, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O?Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins and County Attorney Scott Knox.

The Invocation was given by Reverend Richard Pobjecky, St. Gabriel?s Episcopal Church, Titusville, Florida.

Commissioner Voltz led the assembly in the Pledge of Allegiance.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Minutes of the December 3, 1998 Zoning Meeting. Motion carried and ordered unanimously.

County Attorney Scott Knox advised Item VI.E.2 concerning the Board?s relationship with Post, Buckley, Schuh & Jernigan, Inc. has been resolved.

Commissioner O'Brien requested Items III.A.6 and III.A.7 be removed from the Consent Agenda for discussion.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to appoint Carla Small to the Parks and Recreation Department South Service Sector Advisory Board with term of appointment beginning on January 26, 1999 and ending on December 31, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission for any Commissioner to travel to Tallahassee for Legislative Day on March 24, 1999. Motion carried and ordered unanimously.

Commissioner Voltz stated Jan LoKay is present and would like to make a request of the Board.

Jan LoKay, representing Crosswinds Youth Services, stated it is a non-profit organization which works with runaways, youth in crisis, and truants; and its mission is to prevent and reduce juvenile crime. She stated Crosswinds has been in the County for 25 years in the same shelter; and they recently purchased 12 acres of land, and are going through the processes in order to build. She stated there is a portable building at the Old Melbourne Courthouse; and requested the Board consider donating or leasing the building to Crosswinds. She stated the building could be placed on the land while their facility is being built; and advised of the advantages including savings of $21,000 per year.

Commissioner Voltz expressed interest in giving the portable building to Crosswinds Youth Services. Chairman Scarborough recommended staff work through it, and bring something back to the Board. Commissioner O'Brien stated he is not against the donation, but is against having this brought up under Reports. He stated the Board should not take action on this today, and should place it on the agenda.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to direct staff to place the donation of a modular building to Crosswinds Youth Shelter on the agenda of the next regular meeting. Motion carried and ordered unanimously.

Chairman Scarborough stated the Board has already discussed the Beeline Expressway issue that will be heard at 9:30 a.m. on February 10, 1999 by the MPO; the TDC and EDC will be in attendance; and it would be prudent to request EDC and TDC to formally comment to the Board.

Commissioner O'Brien inquired what would the EDC and TDC critique; with Chairman Scarborough responding the proposal that is being made for the port-to-port expressway. Commissioner Higgs inquired if Chairman Scarborough desires written comments; with Chairman Scarborough responding affirmatively. Commissioner O'Brien stated because of the size of the project, the Board may want to consider hearing the comments at a workshop; the public has been told the train will run in the middle of SR 528; but that is not quite true; and explained the proposed route. He stated there are many entities involved; and he would like to see what the plan is. Chairman Scarborough stated the Board will hear directly from them on February 10, 1999; they are charged by the Board to analyze; and they are dealing with some issues they may be more in tune to analyzing than the Board does on a daily basis.

Motion by Commissioner O'Brien, to notify the Economic Development Council and Tourism Development Council that the Board requests a formal response or position paper and indicate desire for a joint workshop.

Commissioner Voltz inquired if that is in addition to the meeting on February 10, 1999; with Chairman Scarborough responding yes.

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

Chairman Scarborough inquired if the Board would like to have the joint meeting televised; with the Board reaching consensus to do so.

County Manager Tom Jenkins stated at the last meeting the Board presented the award for Excellence in Public Service; and today the Board will be doing the same thing for one of the managers. Mr. Jenkins read aloud a resolution commending Thomas Leslie Bright as recipient of the 1998 Excellence in Public Service Management Award.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Thomas Leslie Bright, Mosquito Control Assistant Department Director, as recipient of the 1998 Excellence in Public Service Management Award. Motion carried and ordered unanimously.

Mr. Jenkins stated Mr. Bright has been with the Mosquito Control Department for nine years, currently serving as Assistant Department Director; he came from Osceola County where he served ten years; and he is recognized as an outstanding manager and technician. He advised of Mr. Bright's qualifications, achievements, and outside activities. He stated Mr. Bright?s job requires him to be on-call seven days a week, working long hours when required; and he personifies the attributes of the many dedicated County employees working quietly behind the scenes with little recognition. The Board presented the Resolution to Mr. Bright. Mr. Bright expressed appreciation to the Board.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Agreement with Paul Achord to finance the impact fee on his property located at 6632 Airboat Avenue in West Canaveral Groves. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Agreement with City of Cocoa Beach for the maintenance of sixteen existing traffic signals within the City. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Change Order No. 5 to Agreement with PAVCO Construction for Eau Gallie Public Library, increasing contract price by $18,051.07 for Authorizations 10 and 11 approved by the County Manager. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Change Order No. 1 with A. D. Morgan Corporation for South Mainland (Micco) Community Center, reducing the contract price by $12,851.62 for owner direct purchases. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Change Order No. 3 with Costello & Sons Corporation for West Melbourne Public Library, increasing contract price by $1,006.48 for Authorization No. 5, furnish and install shunt trip. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to bid, award bid to lowest qualified bidder, and authorize the Chairman to execute a Contract for construction of the Manatee Hammock Fishing/Viewing Pier and Shoreline Stabilization. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to award Proposal #P-3-9-08, Computer Maintenance Services, to Data Voice, Inc., and execute Contract with the vendor for the service. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to award Proposal #P-3-9-09, Marketing Services for Space Coast Area Transit, to Space Coast Advertising Consortium, and execute three-year Contract with the vendor for the service. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute 1998-99 State and Local Assistance (SLA) Agreement with the Florida Department of Community Affairs, and approve Budget Change Request for the grant. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to acknowledge receipt of the Internal Audit conducted of the Parks and Recreation Administration and Support Services operations from October 1, 1996 through September 30, 1997. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to appoint Michael Alexander, David Azar, Mike Cunningham, and Edward C. Tietig, P.A. to the Sheriff?s Citizens Jail Review Committee; John Waddell to the Metropolitan Planning Organization Citizens Advisory Committee; and Richard Higgins to the Veterans Memorial Park Advisory Board; and reappoint James E. Ball to the Spaceport Commerce Park Authority. Motion carried and ordered unanimously.

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

Chairman Scarborough called for the public hearing to consider a resolution vacating and accepting dedication of rights-of-way in Indian River Groves and Gardens as petitioned by Hugh Evans, Jr.

Commissioner Voltz inquired if all problems have been worked out; with Assistant Public Works Director Ed Washburn responding affirmatively. Commissioner Voltz emphasized the importance of the widening of John Rodes Boulevard.

Motion was made by Commissioner Voltz, to adopt Resolution vacating and accepting dedication of rights-of-way in Indian River Groves and Gardens as petitioned by Hugh Evans, Jr.

Commissioner Higgs inquired if the proposal that was faxed to her yesterday afternoon is the item being moved; with Commissioner Voltz responding yes.

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

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

Commissioner O'Brien recommended continuing the public hearing to March 9, 1999 to give the applicants an opportunity to resolve problems with the City of Cocoa Beach.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to continue the public hearing to consider resolution vacating right-of-way in Avon-by-the-Sea as petitioned by Cape Hacienda Condo Association and Lisa DeYoung to March 9, 1999. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider a resolution vacating right-of-way in Melbourne Manor, Section D as petitioned by John Michalsky and Vicki Marsh.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating right-of-way in Melbourne Manor, Section D as petitioned by John Michalsky and Vicki Marsh. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider resolution vacating right-of-way in Plat of Florida Indian River Land Company as petitioned by Robert Leichtenberg.

Commissioner Higgs stated there has been a request to continue the item to March; with Assistant Public Works Director Ed Washburn requesting the item be continued to April 6, 1999.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue public hearing to consider adopting resolution vacating right-of-way in Plat of Indian River Land Company to April 6, 1999. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider resolution vacating right-of-way in Melbourne Manor, Sections B and E as petitioned by Karl and Sue Young.

Commissioner Higgs stated staff does not feel that this will impact future use of properties; and the applicant has agreed to only one unit.

Chairman Scarborough inquired if anyone who submitted cards is in opposition; and no response was heard.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution vacating right-of-way in Melbourne Manor, Sections B and E as petitioned by Karl and Sue Young. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider Consolidated Action Plan for FY 1999-2000 Community Development Block Grant and HOME Program Funds.

Commissioner O'Brien stated in its goal setting workshop, the Board talked about taking on larger projects; and inquired if the Board wants to not take action but move this item into the following workshop where it will discuss it with HUD and Fannie Mae representatives.

County Manager Tom Jenkins stated the County is under a timeframe to submit a plan. Housing and Human Services Director Bernice Jackson stated they are accepting proposals; and the plan needs to be in Washington, D.C. by mid to late August. Mr. Jenkins stated the concept Commissioner O'Brien put on the table is a complex issue involving a number of agencies and entities; and he doubts that could be done within the next 12 months, although it might be done the following year. He stated it might be prudent to approve this year?s plan, knowing that staff will come back within the next year with information. Commissioner Higgs advised taking action will not preclude the Board from doing what it talked about at the workshop. Commissioner O'Brien stated if this is a funding mechanism, the Board may want to look at it; with Commissioner Higgs responding this is getting public comment on the plan which can later be amended.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of funding priorities for the Consolidated Action Plan for FY 1999-00 Community Development Block Grant Program and HOME Investment Partnership Program; and accept report on last year?s CDBG and HOME Program accomplishments. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider request from Robert and Theresa Mowry for variance from Brevard County Coastal Setback Line requirements.

Commissioner Higgs stated the Board has seen this item before; it was disapproved; and now it has come back with an amended proposal. She stated they have minimized the encroachment into the setback and have agreed to some other things; there is an existing building on the site; and in light of that, she will move approval.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to grant a variance of 12.5 feet from the Brevard County Coastal Setback Line in accordance with Section 8 of Ordinance 85-17, as requested by Robert and Theresa Mowry. Motion carried and ordered unanimously.

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

Commissioner Voltz recommended continuing the public hearing for two weeks so she can look at the site.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing to consider a request from Catherine Galie for a variance from Brevard County Coastal Setback Line requirements to February 9, 1999. Motion carried and ordered unanimously.

Chairman Scarborough called for the public hearing to consider ordinance amending Article XIII, Division 5, Section 62-4456, Private Lakes.

Dick Gregory declined opportunity to speak.

Development Review Supervisor Debbie Coles stated the first option allows the Board to hear variances; and the second option would permit County staff to do the review and approval of the request.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Ordinance amending Article XIII, Division 5, Section 62-4456, "Private Lakes; Location; Maximum lot coverage"; providing for additional setback requirements; creating Section 62-4486 of the Brevard County Code entitled "Variance" to establish a variance procedure and criteria, providing for severability; and providing for an effective date. Motion carried and ordered unanimously.

Commissioner O'Brien stated staff recommends it be denied, as measured vehicle speeds are significantly below the criteria.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to deny request for speed hump installation on Fowler Drive.

Commissioner Voltz requested the County Attorney address the memo regarding speed humps and an issue in Sarasota County. County Attorney Scott Knox stated the Sarasota County
Circuit Court found speed hump regulation by the Board of County Commissioners to be
unconstitutional and a violation of a General Law which deals with adoption of Uniform Traffic Standards; that case is now on appeal in the Second District Court of Appeals; and he will keep the Board informed.

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

Water Resources Director Dick Martens stated several months ago staff was informed that a group of counties was discussing the concept of forming an independent Governmental Authority for the purpose of acquiring all of the Avatar Utility holdings in the State of Florida; Brevard County was invited to participate in the discussions on the feasibility of the acquisition; and over the last several months, staff has been involved in discussions with six other counties and Avatar Utilities concerning whether or not the transaction could take place. He advised the basic concepts of the transaction would be that the acquisition of the utilities would not, in and of itself, cause any rate increases to the customers, and all utilities would be operated as individual, separate entities or enterprise funds where service fees collected in one area would remain in that area for that facility to pay for operation and maintenance, and no system would subsidize the expenses of another system. He stated based on those general premises Avatar agreed conceptually to sell its utilities to the proposed Governmental Utility Authority on the
condition that (1) the governments form the Authority before January 31, 1999, and (2) close on the acquisition by March 31, 1999; and the aggressive schedule was developed in mid-December, 1998. Mr. Martens stated what is before the Board is an interlocal agreement whereby five member counties will actively pursue the option; and the issue on the table is whether or not to enter into the agreement to form the Government Utility Authority which would acquire ownership of all of the Avatar Utility systems. He advised of two changes to the draft agreement, one of which specifically discusses the availability of Brevard County to assume direct ownership of Barefoot Bay Utility Systems from the Governmental Utility Authority.

County Attorney Scott Knox stated the changes are to Section 4.14 of the Agreement; Section 4.14 (c) did not have any specific language authorizing the County to acquire the Barefoot Bay facilities; and a paragraph has been added as follows: "The Authority hereby agrees that the County or such a district created by the County may assume the obligations issued by the Authority to acquire the Barefoot Bay facilities. Upon assumption of such obligations, the County or the district created by the county shall be the owner of the Barefoot Bay facilities. Such rights shall be in addition to the right to acquire Barefoot Bay facilities from the Authority as provided herein." He explained the second change adds a new subparagraph d which provides that "the director for Brevard County may be an elected official thereof."

Commissioner Higgs stated both provisions strengthen the County?s options. Commissioner O'Brien stated it should be made clear that the County can go into the special utility group, but it also wants to get back out as fast as legally possible. Commissioner Higgs stated she agrees; and inquired how the Board can insure its position to move out. Mr. Knox recommended acting as quickly as possible; and stated as of today, Brevard will be one of three county commissions acting upon this, and the other two commissions will be considering this next Tuesday, so the Board will not be able to do anything before next Tuesday. Commissioner Higgs stated if the Board indicates support for the interlocal agreement, it can also indicate its intention to take the option as Commissioner O'Brien outlined. Mr. Knox stated the bond counsels advise it would be better to wait for the closing by the GUA on the acquisition of the facilities before announcing intent to acquire the Barefoot Bay Utility because there are significant disclosure issues involved otherwise.

Chairman Scarborough stated Commissioner Higgs and Commissioner O'Brien are concerned that somebody could be left out. Commissioner O'Brien stated his concern is the creation of another unelected government entity that can set rates without going before the people.

County Manager Tom Jenkins inquired if a provision can be inserted that the three remaining members have the ability to abolish the Authority. Mr. Knox responded that was discussed, but they decided they could not do that because of bond obligations. He stated if the Board wants to be sure it gets out in a timely fashion, it may wish to do something today to indicate its intent; and the disclosure issue will just have to be handled.

Commissioner Higgs stated the Board wants to move forward on the acquisition and control and ownership; and if that requires disclosure, so be it. Commissioner Voltz stated she would rather be first than to get stuck. Commissioner O'Brien stated some other counties have indicated they wanted out too. Mr. Martens stated Lee County will be spinning out of the GUA very early; and there is a representative of one of the underwriters who can address some of the questions and implications.

Kevin Mulshine of Prager, McCarthy & Sealy, stated the Board?s business decision is a bigger issue than what is put in the document; and if it is the Board?s intent to take it out as early as possible or October 1 to avoid audit or budget issues of partial years, he would suggest stating it right now. Chairman Scarborough inquired if Mr. Mulshine is stating this is not a problem; with Mr. Mulshine responding yes, but the Board should by motion let everyone know it is the intent to take it out as soon as possible. Mr. Mulshine stated he reads the interlocal agreement as two issues; and there might be an option even if it is down to three to take the system out and just sit as a board member at no cost until it can get off the board.

Chairman Scarborough requested Mr. Martens touch on the issue of immediate and October 1 spinout. Mr. Martens stated the Board has the option of staying in the Governmental Utility Authority indefinitely or come out at some time; and recommended staying in the GUA at least through the beginning of the fiscal year, primarily because the County will be operating for some period of time with an Operation and Maintenance Agreement with Avatar Utilities, which will act

as operating entity at least until June 1, 2000, at which time the Board can renew, re-bid or accept operation and maintenance responsibilities directly. He stated from a practical standpoint, there is some advantage in gaining some experience in dealing with Avatar on a contractual basis by calling upon the support the County will gain from the other members; however, if the Board wants to come out earlier, he is confident staff can manage that contract, although there will be need for a supplemental budget to finish out FY 1999.

Commissioner Voltz inquired how will it work if the Board decides to pull out October 1 but somebody else wants to pull out before. Mr. Martens stated it is his assumption that as soon as the Board can formally declare its intent, it would provide a place-hold that the Board would be the first one out. Commissioner Voltz inquired what will happen if all three say today they want out; with Mr. Martens responding the language of the interlocal agreement states that if the Authority gets to the point where it owns no facilities, it will be disbanded; and as Mr. Mulshine said, there is no requirement that the ownership of the utility stay with the Governmental Utility Authority. Commissioner Voltz stated Mr. Knox did not address that issue. Mr. Knox stated the agreement says that every member has the right to withdraw as long as there are three members remaining; and it does not go into what happens if three withdraw the same day they decide to become members. Commissioner Voltz stated this could present a problem. Chairman Scarborough stated the Board should act now. Mr. Knox stated the Board can withdraw at any time as long as there are three members and it presents a certified resolution to the GUA indicating its intent to withdraw; but the GUA is not in existence yet. He stated if the Board wants to do that simultaneously today, it will need a resolution indicating intent to withdraw. Commissioner Voltz inquired if a resolution can be prepared and come back later today; with Chairman Scarborough indicating agreement.

Commissioner O'Brien stated this started approximately two and one-half years ago because of the Board?s concern about Avatar raising its rates at Barefoot Bay; and inquired if the purchase will lower the rates for residents; with Mr. Martens responding no, because of the method used to determine the purchase price. He stated a basic tenet of the negotiations with Avatar is that the purchase price would be determined by the cash flow of the system as it is now. Mr. Martens explained how the purchase price was reached; and stated over the next four or five years, they will be working on minor improvements on the rate structure over what might have been set by the PSC. Commissioner O'Brien inquired what does Brevard County have to gain; with Mr. Martens responding the primary benefit is that the decisions on the financing of the system will be made by someone other than the PSC and who will make the day-to-day decisions on how the system is operated. Commissioner O'Brien stated a lot of the decisions made by Avatar were good decision; with the audience indicating disagreement. Mr. Martens stated that facility has been well operated; and he expects to be able to maintain that. Commissioner O'Brien stated he still has not been given a good reason why the County should purchase; with Mr. Jenkins responding the County would be operating the utility to break even, but the current owner is trying to make a profit on top of the costs. Commissioner O'Brien noted the rates will not go down; with Mr. Jenkins responding the Board is looking for control of future rates.

Commissioner Higgs stated the citizens would like to see local control over this service; the rate issue is understood by the citizens; and they are not expecting a rate decrease although they believe there will be greater predictability in terms of sewer and water rates. Mr. Martens stated there was one rate increase in 1993, and the one before that was in 1986. Commissioner Higgs stated if Brevard County does not participate, the deal will go forward anyway; there will be a change and the Board has the opportunity to influence; but she will support a motion to indicate desire to move out of the Governmental Utility Authority and to bring it into direct control by the County. She recommended doing it immediately; and stated there will be an operating contract with Avatar to deliver the same kind of management services, but the direct supervision would not be under the GUA, but under the County; and the County should move toward that. She stated the reason to be involved with this is for the acquisition of this plant to serve the community; and recommended the Board move forward with the resolution.

Discussion ensued on the effect of the deal on the residents and the County, no privatization of basic services, Barefoot Bay plant in place since the 1970?s, and contract with current operator in place until May, 2000.

Commissioner Voltz advised of her experience with General Development Utilities in Palm Bay; and stated the City took over, is doing a great job, and her rates are much cheaper now than they were before. She advised General Development had to pay a franchise fee to the City; and inquired if Avatar has a franchise fee; with Mr. Martens responding he does not know. Commissioner Voltz stated if there is a franchise fee, the County could do away with it and bring the rates down. Mr. Martens stated in discussion of other franchise fees, that never came up; the franchise fee would be paid to the County; and if Mr. Jenkins does not recognize it, he does not think there is one. Mr. Jenkins advised there is no franchise fee; and explained ways the County uses privatization cost effectively.

Chairman Scarborough requested the County Attorney prepare a resolution.

Tom Muller advised of discrepancies in the statistics of the Department of Environmental Protection and Florida Cities Water Company; and recommended the Board look into the engineering survey. He advised of the condition of canals in Barefoot Bay and the results of a water sample analysis showing fecal coliform. He stated all the DEP looks at is the forms filled out by the plant, and it does not take any samples; and spoke against using effluent in a residential area. He commented on the sod farm, and submitted pictures. He stated the plant is almost 30 years old now; by the time the financing is paid, it will be 60 years old; and he does not see how the County can project a maintenance plan. He commented on the pay rate of the Harbor City Volunteer Ambulance Squad.

Richard Higgins advised of the action of the citizens in 1996 in turning to the County to request it purchase the Florida Cities Water Company, Barefoot Bay Division; and recommended the Board proceed with the multi-county plan. He advised of the PSC decision concerning costs for a lawsuit involving Avatar; and read aloud the April, 1996 petition of the residents. He stated
government ownership would meet the need for affordable water and sewer facilities suitable for
Barefoot Bay and begin the preparation for growth of water and sewer facilities in the South Brevard area surrounding Barefoot Bay; and recommended the Board approve the buyout.

Chris Riesenbeck advised of increases in water and sewer rates since 1989; and stated Florida Cities Water has a trail of bad decisions. She stated when the increase for the addition was represented, Florida Cities Water officials testified under oath that there was no room for expansion which could have made rates less; however, since then they have expanded service east to U.S. 1 and south to Micco and agreed to service Crystal Bay and a proposed assisted living facility with no decrease in rates to date. She advised of contract requirements for effluent for the golf course, decrease due to the drought, and increased water to groves and sod farms; and inquired if they will again be denied their contracted amount. She stated the GUA is going to purchase the Florida Cities Water facilities; and requested the Board consider joining with the GUA to purchase the facility in the name of the County for the people of Barefoot Bay.

Aaron Huguenard stated he does not know a single person who is not excited about the possibility of the County assuming authority of the water utility; and they envision that one day there will be a South Brevard Water Utility Commission in place. He stated they do not expect miracles, but anticipate stability in the current and future rate structure; and requested the Board not fail the people in the acquisition initiative.

John Baker stated he is in favor of the GUA being formed to buy out Florida Cities Water Company serving Barefoot Bay; and commented on the service of personnel and the attitude of upper management in its approach to the public. He advised of Florida Cities Water?s attempt to get a rate increase to cover attorneys? fees to defend against its evasion of government regulations for environmental protection; and stated the cost of running an investor-owned utility is usually more than it should be. He commented on guaranteed percentages; and stated with the utility operating as a quasi-governmental body, the expense should be considerably less than the stockholder-owned company, and there should not be problems with running up unnecessary expenses. He encouraged the Board to approve acquisition of Florida Cities Water Company facilities.

Roger Svejda advised of increases in water and sewer rates; stated people on retirement cannot afford the increases; and he is in complete agreement with buying out the Avatar facilities. He requested the Board do what it can to change the Public Service Commission from appointed members to elected members.

Chairman Scarborough stated the Board may want to put something in the Legislative Package.

Frederick VanWort stated the County would operate the system more efficiently and at lesser cost than any organization only interested in increasing its treasury.

George Koraly , representing the Friends of Sebastian River and concerned neighbors, submitted paperwork; and stated he was unable to obtain the current flow charts of the
facility. Mr. Koraly stated the information given for the Barefoot Bay plant does not include the Crystal Bay project of 550 units; the plant manager advises there is not capacity to handle that development; but this was refuted by Avatar; and that indicates either the manager is incompetent or someone is cooking the books. He advised of environmental concerns with discharge of wastewater into the Sebastian River; stated last year after a heavy rainfall, he collected 26 five-gallon buckets of dead fish from his back yard; and it is not just an assumption that the sewage plant was a contributing factor. He advised of the use of wastewater for irrigation at the sod farm, reuse programs in Indian River County; and the fact that in wet weather, no one wants the water. He stated previously Commissioner Higgs was in favor of enlarging the septic plant; the impact on the River would be disastrous; and the Barefoot Bay residents would be opposed to having a huge sewage plant in their back yard. He stated the more government gets involved in business, the more it is leaning toward a socialist government. He advised of failures in the raw sewage line and misleading figures showing the plant?s utilization; and stated connecting Crystal Bay could create an environmental disaster during peak winter months. He stated any negotiations should include retention capability during wet weather; and the taxpayers should not be exposed to this expense. He inquired what happens to the $7 million if the Board goes into this separately.

Mr. Martens stated the $7 million is a pool of money that has been set aside from the initial purchase price for all six utility systems to correct existing deficiencies in the capital hardware of the plant and facilities that are serving existing customers; that money is being allocated among the six systems based on a preliminary analysis; and $150,000 will come back to the Barefoot Bay system. Mr. Koraly inquired if Brevard County would only get $150,000 out of the $7 million; with Mr. Martens responding that is correct. Mr. Martens stated he saw nothing above ground that was in poor condition or required repair or renovation to provide services; and that is not the case with some of the other systems which have significant treatment plant deficiencies. Mr. Koraly stated the Board should make every effort to insure the County gets its share.

Commissioner Higgs stated the Board has never talked about it being a central facility; she is concerned about the environmental issues and the wet weather discharge in all the plants; and she hopes that can be minimized. She requested Mr. Martens address the inflow that may be coming into the system from the pipes and how the Barefoot Bay plant rates with other plants. Mr. Martens stated he obtained operating records for the last year on the amount of water produced by the water plant and the amount of sewage that entered the sewage plant; he compared that with the same numbers for the five wastewater facilities the County operates; and he found that it is an average facility of its age. He stated the sewer system leaks more than some of the newer systems; and compared the leakage to other County plants. He stated the older the sewer system gets, the more it tends to leak; and when a sewer system leaks, water leaks in; so the problem is not sewage in the streets, but extra wastewater to treat. He
stated all of the County systems have ongoing programs to identify specific renewal and replacement funds to address those issues; so it is not a significant problem. He stated no tax
dollars will be expended on the system; all expenses will be paid by the customers of the Barefoot Bay system; and those expenses will be paid regardless of who owns the system.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Interlocal Agreement with the other participating counties, and move forward on creating the Florida Governmental Utility Authority, including the two amendments suggested by the County Attorney.

County Attorney Scott Knox recommended adopting a resolution approving entering into a contract.

Motion restated by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution and execute Interlocal Agreement with other participating counties, and move forward on creating the Florida Governmental Utility Authority, including the two amendments suggested by the County Attorney.

Commissioner Carlson inquired if the plant is currently under any DEP violations; with Mr. Martens responding no, it is not.

Chairman Scarborough stated not only will the Board have control over the rates rather than the PSC, it will have the capacity to control the quality of the environment.

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

Commissioner Higgs inquired about the resolution indicating the Board?s intent; with Mr. Knox responding he has it. Mr. Knox stated the issue to be addressed is the date of acquisition. Commissioner Higgs inquired if it could be the date of closing. Mr. Knox advised it could be the date of closing or as soon thereafter as it can be accomplished because he is not sure it can be accomplished on the date of closing. Chairman Scarborough inquired if there is a problem in not doing it on October 1; with Mr. Martens responding it is a little bit more work, but staff is prepared to do that.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, giving Brevard County?s notice of intent to exercise rights to purchase Barefoot Bay facilities under Section 4.14 (c) of the Florida Governmental Utilities Authority Interlocal Agreement and giving notice of intent to withdraw from the Authority pursuant to Section 3.09(a) of that Agreement, on the date of closing by the
Florida Governmental Utilities Authority or as soon thereafter as the transfer can be
accomplished. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to appoint Water Resources Director Dick Martens as the Board?s representative to serve on the Board of Directors. Motion carried and ordered unanimously.

The meeting recessed at 10:31 a.m. and reconvened at 10:43 a.m.

Motion by Commissioner Voltz, to adopt a Resolution recommending Crown Simplimatic, Inc. be approved as a Qualified Target Industry Business.

Commissioner Voltz stated Crown Simplimatic, Inc. plans to construct a new 80,000 square-foot manufacturing facility with a capital investment of $1.5 million, and they plan to employ 20 people with an average wage of $29,120 per year.

Commissioner Carlson inquired about the last sentence which says it waived the required local match in lieu of the County?s Tax Abatement Program. Economic Development Director Greg Lugar responded the program requires a local match or utilization of a tax abatement local match; and the next item would do so if the Board qualifies Crown Simplimatic as a company that is eligible under the County?s Tax Abatement Program. He stated the State program under Chapter 288, F.S. requires that local government provide 20% match or in lieu of that the tax abatement.

Commissioner O'Brien seconded the motion. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution qualifying Crown Simplimatic, Inc. as an eligible business under the County?s Tax Abatement Program; and authorizing advertisement of a public hearing to consider an
exemption ordinance. Motion carried and ordered unanimously.

Chairman Scarborough stated Attorney Angela Abbott wishes to address this, and he told her he would move it to the end of the Agenda.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize staff to proceed with a competitive sale of bonds not to exceed $5,150,000 to refund the Special Obligation Refunding Revenue Bonds, Series 1991; authorize staff to accept bids and award contract to the lowest qualified bidder for the construction and renovation of the clubhouse facilities at the Habitat Golf Course; and authorize a temporary loan to the Habitat Golf Course for the construction and renovation of the clubhouse facilities from the County?s General Fund. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Option 3, to allow Districts 3, 4, and 5, with local jurisdiction in the Brevard County beach nourishment project management area, to appoint one member each to the Beach Erosion Advisory Committee. Motion carried and ordered unanimously.

Chairman Scarborough stated there are two things that need to be addressed with the City of Titusville; the City has designated an area of critical concern near its well fields; and the question is whether that is an appropriate distance. He stated within the area of critical concern, Titusville has less stringent standards than the County; and requested permission to go to the City Council to ask about having uniform requirements in the area. He stated it is important to protect the well fields; but inquired why the County should be protecting the City?s well fields more than the City does. He stated Daphne Stevens also owns a number of properties in South Titusville, and the same questions have arisen; and with the Board?s permission, he will take this to the City.

Commissioner Higgs recommended staff provide additional information as to what is being done around the State in similar types of soils and well fields; and stated she wants to be sure they are doing the right thing, not just the consistent thing. Chairman Scarborough stated that needs to be done first, and then he can go to the City. He suggested writing a letter to the City indicating the County?s desire to be on the Agenda after it gets the information.

Commissioner Voltz stated the Board needs to address the issue of septic tanks versus on-site sewage disposal systems in the Comprehensive Plan.

Chairman Scarborough stated there are multiple issue and multiple ways people can work around the problems; and information is needed on what is considered prudent in the State. He stated the County needs to find consistency with the City; right now some people may find the County is overly restrictive and annex into the City; and the City is protecting its well fields less than the County and using a different methodology.

Bill Emmons stated he purchased property and built a 275-foot shell road with a total investment of $25,000; he sold his residence and moved to rental housing; he got approval from U.S. Fish and Wildlife; and now he cannot get a septic tank permit because he is 600 feet into the critical area. He stated his savings are invested in the property; right now he cannot build; and he hopes this can be resolved in a timely manner.

Chairman Scarborough stated some of this is complicated because it is caught up in the Comprehensive Plan and other things that are not easily moved. Mr. Emmons stated he is 2,000 feet from the nearest well, and 600 feet inside the critical area; it is Brevard County Ordinance which actually protects the City of Titusville?s wells; and if his property was located in the City, he would have his septic tank permit. Chairman Scarborough advised of the County?s greater protection of the wells; and stated the City can redraw the line of critical concern if it is further than it needs to be. Mr. Emmons stated the area dates back to the 1980?s; and it is the County?s position that it is enforcing this. Chairman Scarborough stated it is the County?s desire not to destroy the City?s wells; but the question becomes whether the County is going beyond what the City deems appropriate in protecting the wells, and where should that be resolved. He stated that will be resolved when he goes to the Titusville City Council; and it would be important for Mr. Emmons to go as well. Mr. Emmons inquired when that will be; with Chairman Scarborough responding within several weeks he should be able to get whatever is needed; and requested a letter be sent asking to be on the City Council Agenda in three weeks.

Daphne Stevens stated the City of Titusville advised sewer was not available and that she was exempt because the City passed its Ordinance on July 15, 1986 and her plans were approved by the County on June 6, 1986; technically Sun Valley is exempt from the City?s Ordinance; and in the City building is allowed, but the County is saying they cannot build at all. She stated in 1985, they hired Bussen Engineering to draw up plans to annex Sun Valley, Phase 2, into the City in order to obtain sewer connections; 14 lots were initially developed just north of the City limits; plans were submitted; and after six or seven months, they received approval to proceed with City water and septic tanks under County jurisdiction. She advised of the development of Phase 3 to the east to Barna Avenue via 10^th Street, now known as Sun Valley Street, and of the agreement to install sewer. She stated Phases 2A and B were accepted on March 21, 1990; the County Health Department gave blanket approval for septic tanks for Blocks 17, 37, 55 and 73, and all lots bordering West 8^th Street on August 23, 1985; but on November 13, 1998, the City indicated it does not provide sewer service for the two particular lots she
requested, Lot 15, Block 37 and Lot 12, Block 56. She stated the City provided a letter
exempting all single-family lots in an existing platted single-family subdivision and those for which preliminary plat approval was obtained prior to the effective date of the approval of the area of critical concern, which was July 15, 1986. She advised the subdivision was platted in 1958; she received plan approval on June 6, 1986 for City water and County septic tanks in Phase 2; all improved frontage lots are assessed now at $13,500; and unimproved lots with no road frontage are assessed at $610. She stated when they bought the lots on November 30, 1978, they also bought the oil, gas, petroleum, petroleum products and water rights under all the lots; the City purchased the remaining rights from the same developer in December of 1978; and the City agreed that water would be furnished to all people who wanted it in Sun Valley, as recorded December 13, 1978 in ORB 1979, page 1041. She stated the owners bought the lots in good faith that they would be able to build on them; and requested the Board either allow the permits, an administrative change, or buy the remaining lots that cannot be built on.

Chairman Scarborough stated it is a City and County issue; he plans to meet with the City to address the problem; and there could be unique concerns about Ms. Stevens? lots. He recommended Ms. Stevens address the issue with him and staff.

Ms. Stevens stated the map shows the nearest well operating in the City is 2,500 feet from any of the lots. Chairman Scarborough stated that goes into how the City draws its line of critical concern. Ms. Stevens noted the St. Johns River Water Management District consumptive use permit shows the location as Sections 4, 5, 31, 32, 33, 29 and 30, Township 21 and 22 South; Range 35 East; and Section 28 is not mentioned in the consumptive use permit. Chairman Scarborough requested Ms. Stevens provide a copy of her notes. Ms. Stevens inquired as to the date of the City Council meeting; with Assistant County Manager Stephen Peffer advising he does not know how soon it can be placed on the City?s Agenda, but it will be done as soon as possible. Chairman Scarborough stated the Board has a concern because the County?s regulations are more stringent than the City?s.

Ms. Stevens stated the recommendation today indicates the reason the Board changed the policy on new septic tanks was because of problems with well field #2, which is in North Titusville. Chairman Scarborough stated the issue has arisen more on the north well field than the south; a policy applies to both well fields; and it is a coordination problem. Ms. Stevens advised of permits that have been issued. Chairman Scarborough stated anyone with an interest needs to be at the City Council meeting so individual concerns can be expressed in addition to the County?s concern.

Mark Derman advised of his experience as a State certified building contractor; and stated he has been hired to build a home on War Eagle Boulevard in Titusville. He stated the property is in the City as far as mail is concerned, but is in a small area which is actually in the County as far as building permits are concerned, which neither the realtor not the purchaser was aware of; and they have spent money on plans, specifications and documentation for a VA loan. He stated the construction loan was approved; the permitting process began; and in the process of
trying to obtain a building permit, they got a denial letter stating a septic tank permit cannot be
obtained because the property is in an area of critical concern and an aquifer recharge area. He stated a map of the area of critical concern encompasses almost all of Titusville; and expressed concern that the process has gone this far and then denied a building permit. He noted none of the realtors in Titusville are aware of this problem; there is the issue of property owners who now have their rights taken away and their property devalued; and the City or County should make plans to compensate the people. He stated most of the area of critical concern is within the City of Titusville and on sewers; and the larger parcels on septic are a small percentage of the area compared to the much larger areas of the sand ridge which are either undevelopable or on sewer. He stated the City has exemptions to allow a septic tank to be installed within the City limits if a parcel is larger than one acre or is in a pre-existing subdivision platted prior to the Ordinance change; and the County needs to adopt the same exemption. He advised he recently pulled a permit for property in the City in an area of critical concern and was able to obtain a septic tank permit. He noted he only received the denial letter on Friday; he has not had much time to do homework on the issue; and while he is a builder and pro-development, he also feels strongly about saving the environment. He suggested running sewer lines in North Brevard; and advised of existing available sewer lines. He stated his customer has a six-month construction loan; and they need an immediate solution.

Chairman Scarborough stated the Board understands the problem, but needs to know what measures to take to make changes; and suggested staff issue a memorandum concerning the legal status.

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 106, Article I, Section 106-4, repealing exemption from State bicycle helmet requirements.

Senator Patsy Kurth requested the Board unanimously support applying the State Bicycle Helmet Law to the County; and stated as she looked at the facts, she came to understand that the helmets save lives and prevent injuries. She stated the arguments against the helmet law are the same as those against seat belts, child restraints, etc.; advised of arguments in favor of requiring school bus seat belts and pool alarms; and emphasized the importance of bicycle helmets. She stated Commissioner Voltz was quoted in the newspaper that this was a liberal agenda item; assured it was not; and advised the bill was sponsored by two Republicans who are also physicians. She stated usually the Board does not have an opportunity to revisit a vote; but today is that opportunity if the Board feels the initial vote might have been taken in haste.

Crystal Alcairo spoke in favor of bicycle helmets.

Robert Huston advised of ongoing debate concerning effectiveness of helmets. He emphasized the need for education, accident prevention and bike paths.

Jaimie Moore recommended a proactive approach through education and encouragement to use bicycle helmets; stated there will be a natural resistance to a law; and requested the Board let parents raise their children.

Venus Wolfe advised of her son?s bicycle accident; and stated the doctors told her if he had been wearing a helmet, his injuries would not have been as severe. She stated the parents will have to pay the fines; and suggested points go against the biker?s future driver?s license. She requested the Board help parents fight against peer pressure by approving the helmet law.

Chris Blosser stated Ms. Wolfe is his mother; and advised of his bicycle accident while not wearing a helmet. He suggested a fine starting at $5 and increasing, or including helmets with bicycle sales. He requested the Board support the helmet law.

Lillian Banks commented on the burden on law enforcement officers who will have to enforce the ordinance and on parents who will have to pay the fines. She noted other instances where helmets would be beneficial; and inquired where will it stop. She suggested the County buy and issue the helmets; and noted other County expenditures. She stated she is against more government intrusion.

Larry Fallon stated this is not a safety issue, but a rights issue; and he is not against helmets, but against more laws. He recommended parents be responsible if they want their children to wear helmets. He expressed opposition to mandatory helmet laws; and stated education is the answer to safety. He stated if the interest is safety, cellular phones should be taken out of the hands of drivers and poor drivers should be tested more often; and suggested putting the helmet law to referendum.

Ron Pritchard commented on parents? rights to raise their children and government?s erosion of private freedoms. He stated he is not opposed to bike helmets, but to having another law.

Bill Hoskovec requested the Board consider re-enacting the helmet law; and advised of his experience as a paramedic with bicycle accidents involving children, curbs, trees, and falls. He outlined various statistics concerning fatalities and injuries from bike accidents and economic impact on taxpayers. He recommended the Board not take a stance against government intrusion at the sake of the children.

Bill McCord expressed support for a helmet law consistent with the Florida Statute; and stated it is a medical and public safety issue. He commented on costs to society and need to sacrifice personal freedoms for the protection of the public good and welfare. He advised of other restrictions which have been imposed such as curfews and censorship of library materials; and commented on the responsibility of elected officials to support health, welfare and safety of the public rather than imposing personal beliefs.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida amending Chapter 106, Article I, Section 106-4, Code of Ordinances of Brevard County, Florida, specifically repealing exemption from enforcing the provisions of Sections 316.2065(3)(d) and 316-2065(16), Florida Statutes, pertaining to bicycle helmets; and providing an effective date.

Commissioner Voltz stated the Board is not talking about safety for children or bicycle helmets; it is just talking about a law; and there has been a lot in the newspaper. She stated she is not against bicycle helmets; and the quote in Florida TODAY was not taken in context. She stated she does not believe that helmets are effective when going up against a 3,000 to 4,000-pound vehicle; all children and adults should wear helmets; and inquired what is the problem with parents telling their children they must wear helmets or not ride their bikes. She stated she is not blaming any parent for any injuries incurred because parents can only do so much; and if a child removes his helmet after he is out of sight of his parents, he will do the same when he is out of sight of a police officer. She stated what needs to happen is for children to want to wear bicycle helmets; and emphasized the importance of children trusting officers. She suggested giving law enforcement officers helmets to pass out when they see a child without one; and that same officer can also give out certificates for free hamburgers, etc. when they see a child wearing a helmet. She stated school crossing guards can do the same thing; the School Board should be contacted to find out why the schools do not mandate helmets on all children who ride their bikes to school; and bad drivers cause the problems. She stated helmets give children a false sense of security; education is the key; and children should be trained from the time they are in elementary school. She stated helmets do not make drivers more responsible; there are parents who do not wear helmets when riding with their children; and inquired what message that sends to the children. She stated everyone has government intrusion in their lives; the problem is where to draw the line; and the helmet law is where to draw the line. She stated children need to be educated; they need to be given bike helmets if they cannot afford them; and the fines will cause a lot of problems. She stated she does not support the law.

Commissioner O'Brien stated this issue has been driven by politics, philosophy and numbers; two speakers gave statistics; but numbers come from all kinds of sources; and outlined statistics from the Journal of the American Medical Association. He stated if the Board is going to make a decision based upon statistics, it is necessary to take a closer look at the numbers. He advised of a column in Florida TODAY, "Bicycle Helmets Do Reduce Injuries and Death"; and stated the statistics are from John Hopkins Injury Prevention Center, the American Academy of Pediatrics, the National Safe Kids Campaign, the New England Journal of Medicine, and the Journal of the American Medical Association. He outlined various statistics from the article concerning deaths from head injury in bicyclists; and advised 169 people under the age of 15 nationwide die annually as a result of bike head injury, but more adults died from such accidents. He stated the Journal of the American Medical Association reports that nearly 90% of the deaths from bicycle-related head injuries were the result of collisions with cars; and that means 152 of those who died of head injury were hit by cars. He noted a helmet is only effective up to a speed of

15 miles per hour. He stated the newspaper article says head injuries occur in approximately
40% of bicyclists admitted to hospitals; that means 3,080 people of all ages, per year, nationwide are admitted to a hospital with a head injury; and that means 1,232 head-injured people, less than 15 years old are admitted to the hospital per year. He noted brain injury was not mentioned; and head injuries could include a torn ear, lacerated head, or facial cuts. He stated the third statement made to the Board was that head injuries occur in 70% of bicycle fatalities; but the Journal of the American Medical Association contradicts this statement indicating it is 44%. He stated the article says bicyclists hospitalized with head injuries are 20 times as likely to die as those without head injuries; that makes sense; and that is why so many people go to the emergency room, but then go home. He advised of discrepancies in the figures relating to bicycle-related head injuries in persons under 15 years of age; and stated the unfortunate death of 169 young people nationwide does not constitute an epidemic. He noted the next statement was that bicycle helmets have been shown to reduce the risk of head injury by as much as 85% and the risk of brain injury by as much as 88%, and have been shown to offer substantial protection to the forehead and mid-face; but the tests identified potential problems with helmet design including a tendency for all helmets to slip out of proper position with the unequal application of force. He stated hard helmets have a tendency to slide on concrete, increasing the risk for facial injury in a crash, and a likelihood for soft or no-shell helmets to catch or drag on concrete surfaces causing the head to decelerate at a faster rate than the rest of the body, which increases risk from neck injury. He stated the Cyclist Rights Action Group advises some studies have indicated helmet wearers to be more likely to strike their heads and/or have an accident; and explained the reasons for this. He stated helmets have little or no benefit in a collision with a motor vehicle; they are certified only for simple falls; and reminded everyone about the 15 m.p.h. warning on the box. He noted it says that 75% of bicycle-related fatalities among children could be prevented with a helmet; but that cannot be true. He stated 169 children died from brain or head injury accidents on their bicycles; 152 were hit by cars; and expressed doubt that 127 children would not have died although they were hit by cars doing more than 15 m.p.h. He noted he used the same sources and information as the article but did not use percentages, and used actual numbers instead. He stated ludicrous statements are being bandied about by proponents of bicycle helmet laws; and they should not be using statements like this to try to mislead the Board. He advised it states that one death every day, and one head injury every four minutes could have been prevented if the rider had been wearing a helmet; and expressed doubt at the figures. He stated not everything said today was true; he is not convinced that bicycle helmets offer the protection which advocates have said will occur; and he is not convinced that loving nurturing parent would not take responsibility to place a helmet on a child. He stated if parents love their child, they will do the right thing; and he does not believe a law is needed. He stated he is sorry the same lame arguments are being bandied about advocating the use of bike helmets; it is the same people who have vainly tried to say that both children would have lived if they had been wearing helmets; and that is an awful statement for anyone to make. He stated to protect the children the Board does not have to go so far as to make a law which would have an eight-year old arrested and fined $17 and put on community service because he or she was not wearing a helmet; and advised of the escalation of the fines, with a real charge of $50 to $55. He stated he does not expect deputies to give out tickets; they will probably warn children first and then ask the parents what is going on. He stated government should not strip away parental responsibility; statistics point out that the majority of head injuries from biking accidents are incurred by adults; and there is no law for them. He stated the helmet industry has found a great place to sell their products because no parent wants his or her child to receive a brain injury, nor be killed because the or she was not wearing a helmet; there are 67,000 children in the public school system today, not including pre-schools, parochial schools, or other private schools; and more children die from burns, homicide, pedestrian accidents, automobile accidents, and drownings in overwhelming numbers when compared to bicycle brain injury accidents. He reiterated 169 children nationwide died of brain injury accidents last year; but 1,500 children drowned in Florida alone; and in Brevard County 12 children in three years were lost to drowning. He stated government should not create law just to give people a warm, fuzzy feeling; if people want to feel better, they can buy a helmet without having a law; and parents can tell their children not to ride their bikes without their helmets and make it stick. He inquired if the Board is going to make laws to protect children from inline skating or skateboarding injuries, drowning, or pedestrian injuries. He stated bicycle head injury deaths to children are at the bottom of the list; and inquired why the Board has not gone after the leading causes of child deaths or severe injuries, but has instead focused on the thing which is least injurious to children. He stated the parent has the ultimate responsibility to care for and nurture the child; government should not be raising children; and government cannot and should not be a nanny. He stated everyone is tired of government intruding into their lives; and the proposed law would put a helmet on the head of each of the 67,000+ children in the County, but not put lifejackets on them when they are near water, or put helmets on them in automobiles where they received the most injuries, or put helmets on them when they are pedestrians, when pedestrian accidents are the second highest killer of children. He recommended parents love and nurture their children, and take the mature responsible role to protect them from harm; stated it is still the parents? responsibility; and parents should be able to take that responsibility every time their child gets on a bike, without telling the child that it is the law. He advised of the "everybody?s doing it" argument; and stated if a person is in charge of his or her home, he does not care what other children are doing, but what his or her child is doing. He stated if the parent feels strongly about it, the child will wear a helmet; if the School Board feels strongly about it, it can make it a policy that every child operating a bicycle on School Board property must wear a safety helmet; but obviously the School Board has not felt that strongly. He stated if the County is going to mandate helmets, it should be for every person; the largest group receiving brain injury is not children, but adults; the law does not even cover those adults; and that is why it is a bad law. He noted the law does not cover children who are rollerblading or skateboarding or walking home from school; and the number of injuries from those activities exceed those of bicycling. He stated the law plays to the heart of a group of parents who have not taken their own responsibility about being a parent; they want to be governed by law; and advised of his responsibilities as a parent of three boys. He urged the Board to look into all the available data; and stated it will become evident that the County does not need the bicycle helmet law, but may need a life preserver law for children. He noted 1,500 children per year are severely brain injured or dead in the State of Florida as a result of drowning; bicycle accidents do not come close to that devastating number; and society has done nothing about it. He inquired what ever happened to freedom to raise children without interference of the government; stated people are

losing their freedoms one at a time; and if the helmet law is passed today, the people will have lost another freedom. He stated the data he presented points out that the Board made the right

decision two years ago; and he hopes the Board will brush aside the arguments made by the editor of the newspaper which long ago lost most of its credibility with the public and see that the law is not right. He stated the Board should take the action it took a few years ago because all the data points out that putting helmets on more than 67,000 children is the wrong action; and just because a loud, but small group of people have come to the Board in search of reversing the Board?s action, it should take into account the large segment of the community which firmly agrees with the Board?s previous action. He stated the community as a whole has voiced its opposition to any law which would abrogate parental responsibility; and most have scoffed at the local newspapers lame attempt to convince the public this is a good law. He noted Colorado, Ohio, Minnesota, New Mexico, Texas, New Hampshire, Arizona, Michigan, North Carolina, South Carolina, Virginia, Washington, Montana, Utah, Louisiana, Mississippi, Kentucky, Arkansas, Illinois, North Dakota, South Dakota, Kansas, Missouri, Maine and Vermont do not have bicycle helmet laws; Brevard County does not have the helmet law although every other Florida county does; but that does not make this law right or good. He noted maybe Brevard County has been right all along, and the others have been wrong. He stated a lot of states have said no to the helmet law; and inquired why Florida did not say no. He outlined the economic implications of the helmet law; advised it is an $82 billion industry; and stated this issue is about money. He stated he has to vote against this; Brevard County should not partake in this because all the data points to only involving 169 children per year nationwide; there are other kinds of accidents to children that far outnumber those to bicyclists; and the priorities are in the wrong place.

Commissioner Carlson stated she appreciates Commissioner O'Brien?s presentation; there are a lot of conflicting statistics; and Commissioner O'Brien lent a little insight to that. She stated during the years following the emergency of bicycle safety helmets on the market, there have been a wide variety of educational approaches used to promote their use including classroom instruction, subsidizing the purchase of helmets, and promotion of helmets within the health care setting; studies have shown conclusively in the United States that none of these strategies when used on their own have been shown to significantly impact the increase in helmet usage; and it has been shown that since 1990, legislation is a necessary component of any package of measures intended to rapidly increase helmet usage rates. She stated people have given up some of their freedoms just by deciding to be a society under one Constitution; and read aloud from a study, "there remains a proportion of the riding population who are opposed to legislation requiring the use of helmets on grounds of principle; they simply cannot accept that society has the right to make them do something that protects only them; head injuries impose a high cost to society; the worst injuries may require lifetime care at a cost that is carried by all taxpayers including those who have no interest whatsoever in cycling or head protection; nobody in today?s society can maintain that an injury to their own person imposes no cost, financial or in mental anguish, to anyone else when protection can be proven by good science as is the case
for helmets and seat belts, then even those who hold most firmly to civil libertarian principles must concede that to compel protection for a few does bring benefit to many."

Commissioner Higgs stated in the ordinance the effective date is as of it being filed with the Secretary of State; and inquired in terms of implementation does the Sheriff have discretion to issue warnings for the first 60 or 90 days. She noted in the original State law, there was a period of implementation in which warnings were encouraged; and inquired if that is still an option or should be Board choose an effective date that would allow the Sheriff to implement with a warning period. County Attorney Scott Knox stated the Board can go with a warning period, but State law provides that there are ways to avoid penalty and for allowing warnings. Commissioner Higgs inquired if passing the law with the effective date as outlined, there can still be a warning period. Assistant County Attorney Christine Lepore responded if the Board desires to have a certain extended period to allow for warning and education, it should be written into the ordinance that way. Commissioner Higgs stated there should be a 60-day period, either changing the effective date and specifying no implementation of fines for 60 days or providing for a warning period; with Mr. Knox responding the 60-day implementation period is fine. Ms. Lepore suggested wording for Section 2 such that the ordinance shall become effective upon adoption and filing as provided by law; however, no fines shall attach within 60 days.

Commissioner Higgs amended the ordinance to include such wording; with Commissioner Carlson agreeing, as seconder, to the ordinance.

Chairman Scarborough called for a vote on the motion as amended. Motion carried and ordered. Commissioners Scarborough, Higgs, and Carlson voted aye; Commissioners O'Brien and Voltz voted nay.

Commissioner Voltz inquired what will be done now to education the school children and their parents.

Chairman Scarborough stated a source of information is through the school system; and he does not think there will be a problem disseminating this type of information through the school system.

Commissioner Voltz suggested going over this at the workshop with the School Board; with Chairman Scarborough recommending talking immediately to get help disseminating this information.

Barbara Meyer, Pedestrian and Bicycle Coordinator, stated currently County staff works with the School Board on trainings and helmet campaigns; and she will step up this action and get letters out to the schools offering safety rodeos as well as continuing to work with local service
groups to get as many helmets out as possible. She stated the County is the recipient of a $15,000 grant from the State Safety Office to purchase bulk helmets as well as more bicycle rodeo equipment, and for education and helmet campaigns; and that money should kick in within the next month.

County Manager Tom Jenkins stated staff could work with the School Board to have Ms. Meyer train the teachers.

Commissioner Scarborough stated Mr. Jenkins needs to call the Superintendent to indicate the Board?s action to implement this, and advising the County is looking for ideas as to how to get notices out in the individual classrooms. He stated Ms. Meyer can help prepare that; and it needs to be a massive information program. Ms. Meyer agreed; and stated she can put that package together and work with the School Board.

Commissioner Voltz inquired what is the possibility of having crossing guards give out helmets. Ms. Meyer responded they have done that program with the crossing guards as well as with community police officers last year to give out approximately 3,000 helmets; and expressed concern about crossing guards whose main job should be to make sure the kids are safe. She noted the crossing guards can identify children who need helmets.

Commissioner Higgs suggested Mr. Jenkins and staff come back with a plan of implementation that would cover all aspects including notification of the children and other avenues for public service announcements to insure parents are informed, and also a special meeting of the Bicycle Pedestrian Advisory Committee.

Commissioner O'Brien stated since the Board is going to make this a law, it would be incumbent upon it to notify the School Board that it expects it to uphold the law so any child coming onto School Board property without a helmet can either have his or her bicycle confiscated until a parent brings a helmet or be issued a helmet. He noted the taxpayers are already spending money on bike helmets; and when people ask why taxes cannot be reduced, this is another reason. Commissioner Higgs noted there is a grant from the State to buy helmets. Commissioner O'Brien inquired where the State got that money; with Ms. Meyer noting the support of the local service organizations.

Commissioner Carlson stated Commissioner O'Brien is right about getting the School Board involved; but what comes to mind is to empower the schools to take it upon themselves to have safety guards and children empowering other children to wear the helmets, hopefully reducing the necessary police force. Commissioner Voltz stated that is what they should have been doing all along.

The meeting recessed at 12:39 p.m. and reconvened at 12:51 p.m.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt a Resolution approving the Interlocal Agreement between Brevard and Clay County Housing Finance Authorities to allow residents of Brevard County to utilize bond funds issued by the Clay County Housing Finance Authority for the origination of single-family mortgages.

Commissioner Higgs stated she will vote for the allocation and going with Clay County; however, she is not supportive of the non-competitive nature of some of the bond deals. She stated they need to be competitive; but if the Board does not go forward with the item today, the losers will be the citizens; and this is the only way the County gets to participate in the allocation. She stated if the County gets an allocation, she is in favor of competitive processing of any placement of funds.

Commissioner O'Brien stated the County has a policy where if it gives a person who wants to buy a house the down payment money, it wants to get it back when the individual sells the house or pays it off. He stated now the County is going through another County to borrow the money from their bond; and inquired who gets back the money. Chairman Scarborough noted this is a different type of program.

Attorney Angela Abbott, representing Brevard County Housing Finance Authority, stated the bonds are issued that make the mortgage loans to the borrowers; the borrowers repay their mortgages; and that goes to pay off the bonds. She stated the money never goes back to the County.

Commissioner O'Brien inquired what happens if they don?t pay it back; with Attorney Abbott responding the loan is foreclosed and the house is taken over and sold, just like a standard bank loan. She stated the advantage is that it is designed for first-time home buyers, lower income, lower purchase price, and lower interest rate. Commissioner O'Brien stated the County is subjecting itself to some risk; with Attorney Abbott responding no, not really. Attorney Abbott stated the Brevard County Housing Finance Authority is contributing refunding of some portions of its old bonds; in essence it is recycling old allocations from 1994 and 1995; and it is believed it will have approximately $6 million to refund into the new Clay County issue. She stated that money will be available only in Brevard County; and there may also be additional funds from other counties that may not utilize as much as they have; so they are expecting approximately $10 million in the County, but there is no risk. She stated if the loan failed to originate and no one borrowed the money, the bonds would just be paid off; and the foreclosure rate is really not significant. Commissioner O'Brien inquired if all the other bond issues have been paid back; with Attorney Abbott responding they are not all paid off, but they are all paying. Attorney Abbott advised there has never been a failure; they are all AAA-rated; this one will be backed by Ginnie Mae and Fannie Mae securities; there no pledge of general revenues or tax revenues; and there is no risk to the County or the Authority. Commissioner O'Brien inquired if all that is being done is to borrow money in order to lend it to someone else. Attorney Abbott stated the County is not borrowing money; Clay County is issuing bonds; and bond proceeds are being
utilized to make mortgage loans. She stated the loans are secured by mortgages on homes;
the bonds are backed by Ginnie Mae and Fannie Mae securities; that is actually what pays bond holders; and so there is a fail safe mechanism to insure the bond holders are paid.

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

Commissioner O'Brien stated he pulled the items because on one the plan is to build a 4,000 square foot-golf course maintenance building at $61,295; but the other item is for a facility that will be a men?s room, ladies? room, and handicapped restroom facility at $85,000; and for $85,000 he could build a whole house.

Parks and Recreation Director Charles Nelson stated the number on Spessard Holland Golf Course is misleading because they started putting money away for the project; $61,000 is not enough to do the entire project; they anticipate the architecture and engineering costs will be approximately $22,000; and they will continue to put money away toward the final construction. He noted the cost estimate is approximately $325,000; and he would love to be able to build a 4,000 square-foot building for $61,000, but he cannot. He stated the second issue is the cost of the restroom structures; there is nothing fancy about them, but they are designed for maintenance purposes; and described the structure. He stated one of the biggest expenses is the plumbing, and a restroom is all plumbing; staff is frustrated by the high costs; but it was competitively bid, and this was where the numbers came in. He reiterated there is nothing fancy or special about the building.

Commissioner O'Brien stated the County does not want to build a $700,000 facility in the Poconos; and he would like to find out what it would cost for the County to build the bathroom in-house. Mr. Nelson stated he is not sure the County has all the trades in-house to be able to do that; and this is the same structure that was just completed as part of the project at Kennedy Point. Facilities Construction Director Samuel Stanton stated $85,000 includes everything; and outlined the individual costs. Commissioner O'Brien stated he understands the need for engineering drawings, etc., but there must be a better way.

Chairman Scarborough stated he hopes the County goes to a standard that is well designed and easy to maintain; but there is a difference in doing construction for public use and home use. He stated if the County does not put in the money at the front end, it will end up rebuilding repetitively; and it is improper to compare the costs with what can be built for a home. He stated he does not know that $85,000 is a terrible figure; and he assumes staff has the experience to know what it is doing.

Commissioner O'Brien stated he wants to make the same presumption, but for $85,000 they can build a house instead of a bathroom facility. He stated he understands the need for heavy duty fixtures and that pipes have to be installed in such a way that they cannot be broken, but $85,000 for two bathrooms is high.

Commissioner Voltz suggested Mr. Nelson provide an itemized list. Mr. Jenkins suggested it could be delayed so anyone could go and look at the prototype at Kennedy Point in Titusville. Commissioner O'Brien stated he would rather staff look at verifying the numbers because $85,000 does not sound reasonable. Mr. Jenkins stated the best test is to take it to bid to see what the bids come in at.

Commissioner O'Brien stated he would like to see what bathrooms of this type cost to build in Alabama; the contractors may have found that the County will pay $85,000, so they bid $85,000; and if the County stops paying $85,000, they may lower the prices to something reasonable. Commissioner Voltz stated that is always a problem with government. Commissioner O'Brien stated it is the Board?s job to try to put an end to it. Mr. Jenkins stated he is not trying to discredit the amount, but the construction cost is expected to be approximately $60,000. Commissioner O'Brien stated it is only 800 to 900 square feet. Mr. Nelson stated one of staff?s frustrations is that Brevard County is doing so well in terms of construction that the availability of contractors to do the work is limited, so there are not a lot of bids on some projects. He stated the economy is good and the builders are busy; and the County may not be getting the best prices, but it is getting a competitive price. He noted the structures are not significant enough to bring in out-of-county bids. Mr. Jenkins stated the square footage cost would be approximately $60 a square foot.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to bid, award bid to lowest qualified bidder, and authorize the Chairman to execute a contract for construction of the Spessard Holland Golf Course Maintenance Building. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to solicit bids for construction of the Cocoa West Community Center Restroom; and request information on the bids for the Kennedy Point facility.

Commissioner Higgs stated she would like to get some information on the Kennedy Point facility, the square footage and what the bids came in at, so the Board can evaluate that.

Chairman Scarborough advised of his visit to the Kennedy Point facility; and commented on the amount of abuse some of the facilities receive. He stated if the County does not put in money upfront, it will pay over and over again. He stated he does not know all the facts on this, but he does not want to ask staff to redesign so it is of a residential nature, and end up finding that
there is a constant problem. Commissioner O'Brien stated he is not trying to go there; but $85,000 seems to be outrageous even for a commercial or park operation.

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

Chairman Scarborough stated after the meeting there is an executive session; and after that a workshop on lawn maintenance. The Board reached consensus to hold the workshop in the Florida Room.

Upon motion and vote, the meeting was adjourned at 1:08 p.m.

___________________________________

ATTEST: TRUMAN SCARBOROUGH, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD, COUNTY, FLORIDA

_________________________

SANDY CRAWFORD, CLERK

(S E A L)