The Board of County Commissioners of Brevard County, Florida, met in regular session on September 21, 1999, at 5:34 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Truman Scarborough, District 1.

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

ANNOUNCEMENT, RE: CANVASSING BOARD

Chairman Scarborough stated at 6:00 p.m. Commissioner Voltz will need to go to the Canvassing Board for the special election on the Sheriff's referendum; at approximately 7:00 p.m. the results will come back; and until those results are in, the Board cannot fully consider all the implications of the budget. He stated there are other things on the Agenda due to the cancellation of a meeting because of the hurricane.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Minutes of the May 11, 24, and 25, 1999 Regular Meetings and July 15, 1999 Special/Workshop meeting. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: MERIT SYSTEM COMPENSATION POLICY

County Manager Tom Jenkins stated an issue has been raised about the level of compensation for employees who have to work during a hurricane; and there may be a need to have some revisions to the current Merit System Policy as well as Labor Agreements. He stated he is researching that and will return the Board in the near future with recommendations to address the issue.

DISCUSSION, RE: STAFF FOR AIR QUALITY POLLUTION CONTROL ORDINANCE

County Attorney Scott Knox stated when the Board discussed the Oleander matter, it directed staff to look into possible air quality issues the County might get involved in; the possibility of an air quality pollution control ordinance was mentioned; but after looking into the matter, if the Board wants to become involved in any kind of an air quality ordinance, he would recommend getting

outside expertise in that area. He stated some initial inquiries have been done, and there area people who can do that.

Chairman Scarborough stated that would be good. Commissioner O'Brien stated that is a good idea and he agrees. Chairman Scarborough stated the problem is staff cannot be an expert in everything.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to authorize hiring staff with necessary expertise to assist in drafting an air quality pollution control ordinance. Motion carried and ordered unanimously.

AUTHORIZE LETTER OF PROTEST, RE: DEPARTMENT OF ENVIRONMENTAL PROTECTION

Commissioner O'Brien stated he received a letter two weeks ago from the Department of Environmental Protection about a hearing concerning changing parts of the river from Class 3 to Class 2; and it was advertised in Tallahassee, and not locally.

Assistant County Manager Steve Peffer stated it was advertised in the Florida Administrative Weekly that is the publication which has all of the advertisements for administrative rulemaking and things of that nature; the agencies leave it up to the local newspapers to decide whether anything published there is newsworthy; and to the best of his knowledge, nothing was published in the local newspapers. He stated all parties who had discharge permits that might be affected were contacted; however, it was not advertised to the general public.

Commissioner O'Brien stated his concern is changing from a Class 3 to a Class 2 water body, although the end result would be good, could result in an unexpected high cost to the County in surface water management. He described possible changes that may have to take place in terms of surface water management; and reiterated his concerns about lack of local advertising. He stated staff should look at this closely to project what the costs might be in the future. Commissioner O'Brien stated the justification the State uses for it is for clamming; the State would not allow the County to issue clamming leases, and said it owns the waters; and expressed concern about making Class 2 waters out of Class 3 waters for a clamming industry the County gets no part of, and the County having to pay the bill. He stated he wants to see the waters cleaned up, but he does not like the way the State is going about it.

Commissioner Voltz inquired what the Board should do. Commissioner Carlson requested Mr. Peffer's opinion. Mr. Peffer stated the changes in the water quality standards affect five parameters that will not have a significant impact; but staff at the St. Johns River Water Management District noted the design standards for stormwater treatment are based on the classification of the receiving body; and those new design standards will affect new facilities. He stated the standard is a 50% greater degree of treatment. Commissioner O'Brien inquired if shellfish are already being professionally gathered in the same areas that are now Class 3 waters; with Mr. Peffer responding yes, those are conditionally approved, so there is State monitoring. Mr. Peffer noted there are certain other areas where shellfish can be taken, but they have to be taken to clean waters to depurate them. Commissioner O'Brien inquired if by going to Class 2 would the County's costs be driven up every time it does something with an existing outfall. Mr. Peffer responded he believes it will only apply to new facilities, but will check on it, and get a report back to the Board. Commissioner O'Brien inquired if the closing of public comment is September 30; with Mr. Peffer responding that is correct.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to prepare a letter to DEP stringently protesting the lack of local advertising, and requesting the public hearing be reopened and advertised locally to allow Brevard County citizens to attend the meeting.

Commissioner Voltz inquired when will the TMDL specifications come down; with Mr. Peffer responding he will have to look into it.

Chairman Scarborough stated he does not have a problem with trying to get things locally; and he would like to know more about the subject. Commissioner O'Brien reiterated his concern about lack of local advertising; read aloud from information from DEP concerning Class 3 waters; and inquired if harvesting is already taking place in Class 3 waters, why can they not be left Class 3. He stated the County is still in the dark about the financial effect of this; and the Board may want to protest the reclassification at this time.

Commissioner Higgs stated there might be a lot of people who will be positively affected by the reclassification and enhancement of the waters of the Indian River Lagoon; so conceptually she is supportive of classifying waters as Class 2 rather than Class 3, and requiring those conditions be present in those waters. She stated that means it is better for everyone who uses the water; however, it is not an acceptable practice that people are not notified in the affected area; and she can support a motion to send a letter to DEP about that. She stated she cannot support a motion that indicates the County wants the Indian River Lagoon to be left in a Class 3 state if it is possible to bring it to Class 2.

Commissioner O'Brien stated he agrees to a point; however, the County already adopted the Indian River Lagoon National Estuary Plan and put it into the management protection plan; but DEP has not coordinated its effort with the County. Chairman Scarborough inquired if the motion is merely requesting the public hearings be held in the County, or does it make a statement regarding DEP's decision. Commissioner O'Brien stated his motion is simply to protest that DEP did not advertise locally, and firmly request that public hearings be held again after local advertisement.

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

Commissioner O'Brien recommended Mr. Peffer return to the Board with financial information. He inquired why does the County have a plan if the State is going to take whatever action it wants without coordinating with the County.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to come back with a report including financial information. Motion carried and ordered unanimously.

Commissioner Higgs stated she would prefer to have the issue on the Agenda than to have a report. Commissioner O'Brien requested it be placed on the September 28, 1999 Agenda.

ITEM REMOVED FROM CONSENT AGENDA

Commissioner Carlson requested Item III.E.4 be removed from the Consent Agenda for discussion.

PERMISSION TO TRAVEL

Commissioner Carlson requested permission to attend the 1999 Annual Conference on Water Management on October 27 through 29, 1999. Chairman Scarborough suggested permission to be granted for anyone who wants to attend.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize travel for any Commissioner to attend the 1999 Annual Conference on Water Management on October 27 through 29, 1999. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: RESTUDY OF FLOOD CONTROL AND DRAINAGE STRUCTURES IN EVERGLADES AND SOUTH AND CENTRAL FLORIDA

Commissioner Carlson advised of a letter from Martin County requesting a resolution of support for the restudy of flood control and drainage structures in the Everglades and the Central and Southern areas of Florida. Chairman Scarborough suggested staff look at the issue and provide more information; and stated any time there is a request from a fellow County, the Board needs to respond.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to direct staff to look into the issue of restudy of flood control and drainage structures in the Everglades and South and Central Florida, and report to the Board. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: REQUEST OF NINA GOLD

Chairman Voltz advised Nina Gold does a radio program for the elderly and would like to have each of the Commissioners on her program to talk about things going on within each District.

APPROVAL, RE: CHANGE IN MEETING SCHEDULE

Commissioner Voltz stated she and Commissioner Carlson will be flying to Tallahassee on November 16, 1999; the last flight out of Orlando is at 5:30 p.m.; and inquired if the 5:30 p.m. Board meeting could be changed. County Manager Tom Jenkins stated the meeting is ceremonial; since there is no election this year, some business items could be put on the Agenda; and it could be moved to a 9:00 a.m. meeting. Chairman Scarborough stated the election of the new Chairman could occur at a regular meeting. Mr. Jenkins advised that is a regular meeting, but the Agenda will be controlled so it will be reasonable.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to direct that the meeting time for the November 16, 1999 Board meeting be changed from 5:30 p.m. to 9:00 a.m. Motion carried and ordered unanimously.

REPORT, RE: COMMENTS MADE AT LEAGUE OF CITY MEETING CONCERNING EMS

Commissioner Voltz stated she was at the League of Cities meeting last night; Pat Poole told a lot of lies about what is going on with the County; and the Board is now getting faxes from some of the municipalities asking not to approve the EMS budget tonight until it gets the facts straight. She stated the Board has all the facts straight; unfortunately, Ms. Poole does not; and her comments were inappropriate. She inquired if Mr. Jenkins prepared a letter.

County Manager Tom Jenkins stated Public Safety Director Jack Parker has prepared a letter which will be sent to each City Council and City Manager with facts about the status of the County's readiness; the transition plan is on schedule; the County has the people to operate the program; and there is some erroneous information being circulated. He stated the second issue deals with assessments; and he sent a letter to the municipalities outlining the facts regarding the assessment.

REPORT, RE: INCONSISTENCY IN FENCE ORDINANCE

Chairman Scarborough stated according to the Fence Ordinance, a commercial property can have a fence up to ten feet, but residential behind it can only go up to six feet; so there is an inconsistency; and requested a staff report.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to report on the inconsistency in the Fence Ordinance between commercial and residential properties. Motion carried and ordered unanimously.

AUTHORIZATION, RE: LETTERS REQUESTING SIX-LANING OF I-95

Chairman Scarborough stated Governor Bush called after the hurricane; he advised the Governor of the need to have I-95 six-laned; and he would like to reinforce that with letters to the Chairman of Commissions on the east coast of Florida and the Governor.

Commissioner Voltz stated she previously asked for a resolution supporting the six-laning. Chairman Scarborough stated that may be done in conjunction with the letter. County Manager Tom Jenkins stated staff reported that the MPO has already done that. Chairman Scarborough stated it would be good for the Board to do it as well; and he will write to the Chairmen asking for action by their Boards to contact the Governor to move the six-laning of I-95 as a priority for the State.

Motion by Commissioner Voltz, seconded by Carlson, to authorize the Chairman to write to other Commission Chairmen in the area requesting they contact the Governor to support making the six-laning of I-95 a priority. Motion carried and ordered unanimously.

AUTHORIZATION, RE: GUY SPEARMAN TO SPEAK IN FAVOR OF FUNDING FOR KSC

Chairman Scarborough stated Lobbyist Guy Spearman has requested explicit authority to speak in favor of $30 million to help Kennedy Space Center with creation of a research facility.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize Lobbyist Guy Spearman to speak in favor of the funding of $30 million to help Kennedy Space Center develop a research facility. Motion carried and ordered unanimously.

DISCUSSION, RE: INCENTIVE OF LAND FOR CREATION OF JOBS

Chairman Scarborough stated he had a conservation with the Archedyne group which is in the process of perhaps bringing in the manufacturing of aircraft; they have been offered favorable proposals elsewhere; the principals are Brevard County residents; and he would like to further explore the concept of land for jobs. He stated Mr. Lugar advises he can take care of this; and he may be able to give a better focus on the question of what the County is paying for jobs.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct the Economic Development Director to explore the incentive of land for creation of jobs.

Commissioner O'Brien stated he read the same thing Chairman Scarborough did, and looks forward to it; and inquired if the Board should be exploring this with Tico Airport Authority at the same time. He stated the problem with the present system at Tico is that if someone owns a company, and the rent is $500 per month, at the end of the year if there is a profit of $5,000, then Tico has to be paid $500 as part of the profit share in the lease; and that is a disincentive to make a good profit, or an incentive to have two sets of books. He stated Tico is taxing the tenants' profits; and advised of companies that have walked away. Chairman Scarborough stated that is another issue; explained the proposal of Archedyne; and advised the Board may decide to reject it all, but it may be able to put this data into the tax abatement program, and the concept of how much communities pay for jobs.

*Commissioner Voltz' absence was noted at this time.

Commissioner O'Brien stated the reason he brought up Tico Airport was to draw them into the formula.

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

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to direct the Economic Development Director to explore how Tico Airport Authority may participate in the economic development process. Motion carried and ordered unanimously.

ANNOUNCEMENT

Chairman Scarborough stated Commissioner Voltz has to be at the Supervisor of Elections office approximately 7:00 p.m.; the results are being counted for the Sheriff's Special Referendum; and that has to be completed to come in as part of the budget discussion.

RESOLUTION, RE: COMMENDING INA GRAVES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution commending Ina M. Graves for her 27 years of dedicated service to Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING PUERTO RICAN DAY

Samuel Lopez, President of United Third Bridge, introduced Zahilly Salinas, Miss Puerto Rico Brevard County, who was chosen at the Salsa Festival, and who will serve as a good will ambassador to the Puerto Rican Day Parade. Ms. Salinas expressed appreciation for the resolution proclaiming Puerto Rican Day; and invited everyone to attend the Puerto Rican Day Parade on November 21, 1999 in Palm Bay.

Commissioner Higgs read aloud a resolution proclaiming November 21, 1999 as Puerto Rican Day in Brevard County in recognition of the contributions made by Puerto Rican residents in the community.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution proclaiming November 21, 1999 as Puerto Rican Day in Brevard County. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Ms. Salinas; and stated the parade is a lot of fun, and she hopes people will attend.

RESOLUTION, RE: PROCLAIMING NATIONAL PHARMACY WEEK

Commissioner O'Brien read aloud a resolution proclaiming October 24 through 30, 1999 as National Pharmacy Week.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution proclaiming October 24 through 30, 1999 as National Pharmacy Week in Brevard County, and urging all citizens to acknowledge the valuable services of pharmacies to provide safe, affordable, and beneficial pharmaceutical care, services and products to all individuals. Motion carried and ordered unanimously.

Kathy Petsos, representing the Brevard County Pharmacy Association, expressed appreciation for the Resolution; and advised if individuals are not involving their pharmacists as a source of information and part of the health care team, they are losing a valuable asset. She stated next month the Florida Board of Pharmacy will be entertaining a new rule authorizing pharmacists to work with physicians under a diseased state management protocol; this will allow pharmacists to collaborate with physicians to help monitor more closely diseases such as diabetes, hypertension, asthma, and things of that nature; and in the next legislative session, pharmacists will be asking the Legislature for recognition as primary care providers and for ability to administer immunizations. She stated today citizens are being denied a broader access to lifesaving vaccinations when 32 other states have determined that pharmacists are fully capable of providing this service; and she hopes citizens will help support this position. Commissioner O'Brien presented the Resolution to Ms. Petsos.

RESOLUTION, RE: PROCLAIMING HUNGRY AND HOMELESS AWARENESS MONTH

Commissioner Carlson read aloud a resolution proclaiming the month of September, 1999 as Homeless Awareness Month in Brevard County, and extending its appreciation to the Coalition for the Hungry and Homeless Association for its outstanding services.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt a Resolution proclaiming the month of September 1999 as Homeless Awareness Month in Brevard County. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to a representative of the Hungry and Homeless Association, who expressed appreciation for the Resolution.

RESOLUTION, RE: COMMENDING TRAVIS ALAN LOMBARD

Commissioner O'Brien read aloud a resolution commending Travis Alan Lombard for his achievement of the Eagle Scout Award.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, commending Travis Alan Lombard for his achievement of the Eagle Scout Award. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: TRACT 12, UNIT 1, PARCELS 1-3, PHASE 5

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to grant final plat approval for Tract 12, Unit 1, Parcels 1-3, Phase 5, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval of the project not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS FOR VIERA BOULEVARD- WEST MURRELL ROAD Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Contract with The Viera Company guaranteeing infrastructure improvements for Viera Boulevard-West Murrell Road. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH HOWARD L. PHILLIPS, RE: MORNINGSIDE DRIVE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Howard L. Phillips for a building permit off an existing County right-of-way constructed to the standards of the Unpaved Road Ordinance No. 93-27. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH JOAN AND DEAN AKINS, RE: MAIN STREET

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Joan and Dean Akins for a building permit off an existing County right-of-way constructed to the standards of the Unpaved Road Ordnance No. 93-27. Motion carried and ordered unanimously.

APPOINTMENT OF NEGOTIATING COMMITTEE, RE: CONTINUING APPRAISAL SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the Selection Committee's recommendations regarding the Continuing Appraisal Contracts; and appoint a Negotiating Committee comprised of County Manager Tom Jenkins, County Attorney Scott Knox, and Construction Management Director John Denninghoff or their designees to negotiate fees for the services. Motion carried and ordered unanimously.

BLANKET UTILITY LICENSE AGREEMENT WITH FLORIDA EAST COST RAILWAY COMPANY, AND REIMBURSEMENT OF FEES TO THE VIERA COMPANY, RE: RAILROAD CROSSINGS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Blanket Utility License Agreement with Florida East Coast Railway Company to facilitate the issuance of any future crossing licenses and to cover payment of annual fees for (1) the transfer of an existing Agreement between FEC and The Viera Company for signalization at U.S. 1 and Viera Boulevard to Brevard County, and (2) a previously licensed water reuse pipeline and fiber-optic cable serving the Titusville Courthouse; and approve reimbursement of fees to The Viera Company for two years after transfer of maintenance jurisdiction of Viera Boulevard to Brevard County. Motion carried and ordered unanimously.

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: KIWANIS ISLAND PARK

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute ten-foot wide Easement to Florida Power & Light Company on County-owned property at Kiwanis Island Park in exchange for three parking lot lights. Motion carried and ordered unanimously.

RESOLUTION AND COUNTY DEED, RE: TRANSFERRING ROAD RIGHTS-OF-WAY TO TOWN OF MALABAR

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution and execute County Deed transferring all Brevard County interest to the Town of Malabar for road rights-of-way known as Benjamin Road, Reese Road, and Osage Road. Motion carried and ordered unanimously.

AGREEMENT WITH CANAVERAL PORT AUTHORITY, RE: TRAFFIC SIGNAL MAINTENANCE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with Canaveral Port Authority for maintenance of one traffic signal, overhead signs, and other miscellaneous aerial maintenance. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: ANALYSIS OF WATER/WASTEWATER AND ENVIRONMENTAL SAMPLES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to grant permission to bid, award bid to lowest responsible/responsive bidder, and Chairman to execute Contract for analysis of water/wastewater and environmental samples; and designate County Manager or his designee as the County's Agent for purposes of renewing said Contract. Motion carried and ordered unanimously.

TASK ORDER NO. 98-005-03 WITH CREECH ENGINEERS, INC., RE: PARKWAY DRIVE OUTFALL, PHASE 2

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Task Order No. 98-005-003 with Creech Engineers, Inc. for Parkway Drive Outfall, Phase 2. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH APAC-FLORIDA, INC., RE: VALKARIA AIRPORT OVERLAY AND MARKING OF RUNWAY 9/27

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Change Order No. 1 with APAC-Florida, Inc. for Valkaria Airport Overlay and marking of Runway 9/27, increasing Contract price by $5,782 for additional materials and labor for a new contract total of $138,995.55. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH BUTLER CONSTRUCTION, RE: OFF ROAD VEHICLE PARK BUILDINGS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Change Order No. 2 with Butler Construction for construction of buildings at Off-Road Vehicle Park, increasing contract price by $9,596.72 for installation of a revised irrigation system and in-line filter for a new contract total of $1,683,096.72 and increasing time by 35 days. Motion carried and ordered unanimously.

AMENDMENT 1 TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENDING GRANT PERIOD FOR MERRITT ISLAND WILDLIFE REFUGE TRAIL

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Amendment No. 1 to Agreement with Department of Environmental Protection extending the grant period to complete construction of the Merritt Island Wildlife Refuge Trail from October 17, 1999 to February 28, 2000. Motion carried and ordered unanimously.

AGREEMENTS WITH ALTERNATIVE COMMUNITY SERVICES DEPARTMENT AND KEEP BREVARD BEAUTIFUL, AND BUDGET CHANGE REQUESTS, RE: TDC CATEGORY B BEACH CLEAN-UP GRANTS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreements for FY 1999-2000 Category B-Beach Clean-up Grants with Keep Brevard Beautiful for $30,000 and with Alternative Community Services Department for $92,083; and approve Budget Change Request line item transfers. Motion carried and ordered unanimously.

AGREEMENT WITH CIRCLES OF CARE, INC., RE: BAKER ACT SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with Circles of Care, Inc. for Baker Act services for children and adults from October 1, 1999 through September 30, 2000 at $1,006,406.

AGREEMENT WITH BREVARD COUNTY MEDICAL SOCIETY, INC., RE: WE CARE PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with the Brevard County Medical Society, Inc. for administration of the We Care Program from October 1, 1999 through September 30, 2000 at not to exceed $25,000. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COUNTY HEALTH DEPARTMENT AND DENTAL SOCIETY, INC., RE: ADULT DENTAL CLINIC

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with the Brevard County Dental Society, Inc. for operation of the Adult Dental Clinic from October 1, 1999 through September 30, 2000 at not to exceed $25,000. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY SERVICES, RE: KEY TO LIBRARY ACCESS STATEWIDE GRANT

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with Florida Department of State, Division of Library Services for Key to Library Access (KLAS) grant of $49,444. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATION, RE: ORGAN FOR PORT ST. JOHN COMMUNITY CENTER FROM REMA "PEG" BASSE FAMILY

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to accept donation of a Kawai organ SR-3, Model #9300 from the family of Rema "Peg" Basse valued at approximately $1,000, for the Port St. John Community Center. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATION, RE: FUNDS FROM PORT ST. JOHN SENIORS ASSOCIATION FOR PORT ST. JOHN COMMUNITY CENTER STAGE CURTAINS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to accept donation of $3,000 from the Port St. John Seniors Association for the purchase and installation of stage performance curtains for the Port St. John Community Center. Motion carried and ordered unanimously.

ACCEPTANCE OF GIFT, RE: FUNDS FROM PILOT CLUB OF CENTRAL BREVARD, INC. FOR PURCHASE OF PARK BENCHES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to accept donation of $500 from the Pilot Club of Central Brevard, Inc. for the purchase of two park benches. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATIONS, AGREEMENTS, AND BUDGET CHANGE REQUESTS, RE: PARRISH PARK SCOTTSMOOR IMPROVEMENTS AND RODES PARK MULTIPURPOSE FIELD LIGHTING

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution authorizing application to Department of Environmental Protection for two FRDAP grants for site improvements at Parrish Park Scottsmoor and sports lighting for a multipurpose field at Max K. Rodes Park; authorize the Parks and Recreation Director to execute the Grant Agreements; and approve Budget Change Requests to establish project accounts, and a temporary loan from the General Fund if the projects are approved. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATED PROPERTY FROM BARBARA RYAN, AND APPROVAL TO PAY COSTS, RE: BREVARD COASTAL SCRUB ECOSYSTEM CARL PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to accept 2.4 acres of land from Barbara Ryan within the Brevard Coastal Scrub Ecosystem CARL Project; waive survey and Phase I environmental assessment requirements; and authorize the County to acquire title insurance and the Chairman to sign any necessary documents to transfer the title. Motion carried and ordered unanimously.

AGREEMENT WITH COASTAL HEALTH SYSTEMS, INC., RE: MARCHMAN AND BAKER ACT TRANSPORT SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with Coastal Health Systems, Inc. to provide transportation of patients covered under the Marchman and Baker Act, from October 1, 1999 through September 30, 2002. Motion carried and ordered unanimously.

OPTION TO RENEW AGREEMENT MEMORANDUM WITH SPACE COAST EMERGENCY MEDICAL SERVICES, JOHN R. MCPHERSON, M.D., RE: MEDICAL DIRECTION SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Option to Renew Agreement Memorandum with Space Coast Emergency Medical Services, John R. McPherson, M.D. to provide medical direction services at $6,615 monthly due to expansion of services into Central EMS Benefit Unit. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: SCAT 1999 VEHICLE ACQUISITION FOR VANPOOL PROGRAM AND BUS FLEET

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to grant permission to bid the 1999 vehicle acquisition for the Vanpool Program and bus fleet consisting of 26 replacement passenger vans, ten expansion vans, and three replacement buses. Motion carried and ordered unanimously.

AWARDS OF BID #B-2-9-95, RE: MULCHING AND DISPOSAL OF YARD TRASH AND VEGETATIVE WASTE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to award Bid #B-2-9-95, Mulching and Disposal of Yard Trash and Vegetative Waste, to Environmental Mulch for mulching and disposal services at $2.892 per cubic yard for yard trash delivered to Environmental Mulch; Florida Recyclers of Brevard at $14.97 per ton for mulching and/or disposal services for yard trash delivered to Florida Recyclers of Brevard; and Consolidated Resource Recovery at $6.95 per ton for mulching services, $9.48 per ton for mulching and screening services, and $17.95 per ton for mulching and disposal services for yard trash delivered to the County's Disposal Facility. Motion carried and ordered unanimously.

LICENSE AGREEMENT WITH TIME WARNER COMMUNICATIONS, RE: UNDERGROUND CABLE ON PORTION OF SOUTH BEACHES WWTP SITE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute License Agreement with Time Warner Communications for a license to install underground cable on a portion of the South Beaches WWTP site. Motion carried and ordered unanimously.

LICENSE AGREEMENT WITH SAWGRASS LAND DEVELOPMENT COMPANY, RE: CONSTRUCTION OF SUBDIVISION ENTRANCE WALL ON PUMP STATION SITE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute License Agreement with Sawgrass Land Development Company to construct a subdivision entrance wall on a pump station site. Motion carried and ordered unanimously.

AUTHORIZATION, RE: REFUNDING OF 4TH CENT TOURIST DEVELOPMENT TAX BOND, SERIES 1993

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the Financial Advisor and Bond Counsel to prepare the necessary bond documents and solicit competitive bids, when the present value savings are between 3% and 5%, for the refunding of the 4th Cent Tourist Development Tax Bonds, Series 1993, and provide municipal bonds insurance and a DSRF surety policy to replace the cash-funded Debt Service Reserve Fund; and authorize hiring the law firm of Livermore, Freeman & McWilliams, P.A. as bond counsel on this issue. Motion carried and ordered unanimously.

APPROVAL OF NEGOTIATED SETTLEMENT, RE: WORKERS' COMPENSATION CLAIM OF SAMUEL T. LEVINE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize Risk Management, through Palmer & Cay, to approve the negotiated settlement of $42,500 in claimant attorney's fees plus taxable costs to resolve the pending attorney's fee issue regarding the workers' compensation claim of Samuel T. Levine. Motion carried and ordered unanimously.

APPROVAL, RE: MEDICARE HMO OPTION FOR RETIREES AND MINOR CHANGES TO HEALTH PLAN BENEFITS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize offering eligible retirees an additional option for enhance Medicare HMO Coverage offered by Health First Health Plans effective January 1, 2000, to replace the Medicare HMO Plan approved by the Board on March 16, 1999; and approve minor changes in the employee health plan benefits, including routine mammograms with no member co-pay, allergy injections with no member co-pay, and contraceptives in the prescription drug program. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-11, RE: COUNTY VEHICLE FLEET MANAGEMENT

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve revised Policy BCC-11, County Vehicle Fleet Management. Motion carried and ordered unanimously.

AGREEMENT WITH E-COM SOLUTIONS, INC., RE: NETWORK MAINTENANCE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with E-COM Solutions, Inc. to provide network maintenance as negotiated under Proposal #P-3-9-15. Motion carried and ordered unanimously.

APPROVAL OF DONATION, RE: SURPLUS COMPUTER EQUIPMENT TO VIETNAM VETERANS OF BREVARD

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve donation of surplus computer equipment to the Vietnam Veterans of Brevard. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to appoint John Finney to the Valkaria Airport Advisory Board, replacing Richard Freeman; and reappoint Jim Lewis to the Tourist Development Council. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

AUTHORIZATION TO SEND LETTERS, RE: LOCAL REGULATION OF BILLBOARDS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the Chairman to sign letters to Congressman Weldon, Senators Graham and Mack, the National League of Cities, Senators Kurth and Bronson, Representatives Posey, Goode, Futch, and Ball, Florida Association of Counties, Florida League of Cities, and local municipalities regarding regulation of billboards. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: HOGAN LANDFILL

Chairman Scarborough stated the County Attorney provided a memorandum listing options including injunctive action, administrative or appellate rezoning with conditions, issue of Code Enforcement citation, vested rights, or taking no action; and inquired if the County Attorney has a recommendation.

County Attorney Scott Knox stated the memorandum outlines the history of the events that have occurred at the Hogan landfill site; based on his inspection of the premises, it is his judgment that there is a commercial operation on the site which violates the County's Ordinance; and recommended injunction as being appropriate. He stated if the injunction is filed, it does not eliminate the options of rezoning or a vested rights application, but with the growth of the facility, it is warranted to file for the injunction. Chairman Scarborough advised vested rights would require the owner making application.

Chairman Scarborough advised of the procedure and time limits to address the Board.

Loys Ward, Canaveral Engineering Group, stated they are the local engineering firm for the operators of the landfill, and represented Mr. Hogan earlier in securing permits through FDEP. He advised Tom Roberts who is Vice President of Delta Resource Corporation will speak next, then D. C. Page who is with Korll and Associates will speak; and John Jorgensen, Corporate Counsel, and local Counsel Frank Griffith are present to respond to questions. Mr. Ward stated landfill users, corporate and residential people are present in support of the landfill; requested they stand in support; and submitted a packet of letters from users of the landfill and a petition in support.

Discussion ensued on the number of speakers, procedure, time limits, and using public hearing rules rather than zoning rules.

Mr. Ward stated the first Department of Environmental Regulation permit for landfill operation was issued in 1985 and renewed in 1990; his firm was retained to renew the permits in 1995; and there were St. Johns River Water Management District permits in effect in 1985 and 1990. He stated although there were St. Johns River Water Management District permits issued in 1985 and 1990, the thresholds that require a permit were not exceeded, and the permits were not required. He stated in 1995 they petitioned, on behalf of the landowner at the time, to renew the existing St. Johns River Water Management District permit; that was shortly after a State reorganization where there was an attempt to eliminate duplication of agencies; and St. Johns River Water Management District made a determination that since it was a landfill and under jurisdiction of Department of Environmental Protection (DEP), the District would no longer going to issue a permit. He stated the application and fee were returned; and they were told to address all concerns with DEP, which they were doing at the time, and continue to do so. He stated it is also part of the DEP regulation not to issue a C and D landfill permit without issuance of a stormwater permit if it is required; it is their understanding that the operation is below permit thresholds for stormwater permits and management storage surface water permits, which would be regulated by DEP, and not St. Johns River Water Management District; and DEP concurred and issued the permit. He stated since Delta began operating the landfill, it has been sensitive to the concerns of the users and neighbors; and it is the full intent of Delta to negotiate any of the outstanding issues and concerns of the County and to be a good neighbor. He stated the previous operations had a dirt road access off Fox Lake Road, and there was damage to the roadway; they have applied for and received a permit to put in a paved access and repair the damage; they also were asked to do some landscaping plans to address the vision and visibility of the site from I-95; they have designed a berm and landscaping; and part of the berm has been constructed although the landscaping is not completed. He stated it is their intent to complete a sufficient landscape buffer; and if County staff wants to review it or have any input, they are open to address those concerns as well.

Tom Roberts, Vice President of Delta Resources, Delta Recycling Corporation, stated recycling saves natural resources and helps protect the environment; and Delta is committed to recycling. He stated in the past the landfill has not operated as a recycling operation; but they have started that; there are many uses for the end user products; and some can be shared with the Solid Waste Department of the County. He stated the landfill has been operating since 1984 as a construction and demolition debris landfill; Delta leased the property with option to buy in February, 1999; and they strictly accept only construction and demolition debris and land clearing materials. He stated they do not accept any type of hazardous waste, municipal solid waste, household garbage, or putrescible waste; there is minor equipment maintenance on the site as part of the operation; and they have made a lot of improvements. He stated Delta is the largest recycler of construction and demolition debris in the State; and they have many recycling capabilities and mechanisms of equipment at its other sites. He stated they have licensed operators at the site; they have addressed many of the concerns of the citizens in the past several months; and outlined recent actions including removal of unsightly material, construction of berms, planting trees as visual buffers from I-95, paving the entrance, and improving the spotter shed or areas to insure there is no unacceptable or hazardous waste coming into the site. He stated they are fully permitted by DEP; DEP comes out every once in a while unannounced to inspect the landfill; it was inspected last month; and they received an inspection notice indicating they are in full compliance with the permit conditions. He stated to help protect the environment, they have installed groundwater monitoring wells to insure there is no migration of contaminants in the groundwater. He stated the property has been operated since 1984 with the full knowledge and consent of Brevard County; Mr. Hogan and Delta have vested rights to the use of the property as a landfill; and those rights are protected by the Bert J. Harris Private Property Rights Act. He outlined the benefits of Delta being at the landfill, including serving local homebuilders, donations of mulch to the community, positive economic impact to local homebuilders, and convenience of the location; and stated if there are no disposal facilities, a lot of wildcat dumping happens. He stated Delta wants to work with the County; it can provide a lot of products to the County's landfill at a reduced rate; and it can also help the County in the mandatory recycling incentives the Legislature set up. He stated they are committed to resolving all issues and want to be good corporate neighbors.

D. C. Page, Kroll Associates, advised Kroll Associates is a worldwide organization involved in the gathering of information; it has been in business for 28 years; and he manages the Florida State operations. He stated typically Kroll is hired to independently gather facts for government bodies; they do this is many different ways; and one of the more typical ways is to be hired as independent private special inspector generals. He stated in June, 1999 Kroll Associates was retained to look into concerns surrounding the Royal Oaks facility; and those concerns were basically twofold, the routes that trucks are taking and safety and debris issues as a result of the truck traffic; and over a two week period they spent approximately 70 hours conducting surveillance at two positions near the Royal Oaks facility, counting and videotaping all the traffic. He stated truck traffic in that area typically comes from the Interstate and SR 50; it travels north on SR 405, and then at the intersection of Fox Lake Road, it makes a westbound turn, then to the Delta Royal Oaks facility is shortly thereafter. He stated the only exceptions not using that route were those who came down Carpenter Road; and described the truck traffic on Carpenter Road. He stated traffic patterns seem to be intact with trucks traveling north on SR 405 to Fox Lake Road and entering the facility. He stated the next issue raised was debris and safety issues; during their surveillance they did not see any issues of debris along SR 405 or Fox Lake Road; and at the intersection, they did not observe any noticeable safety issues. He stated they continue to monitor it on a routine basis; and submitted a written presentation.

Commissioner Carlson advised Mr. Page stated there were 70 hours of surveillance; and inquired how many days were they surveying; with Mr. Page responding five working days over a two-week period. Commissioner Carlson inquired on average, how many trucks went into the facility; with Mr. Page responding the numbers would change on a daily basis, with the range being 11 to 22, and an increase on some days up to 30.

Nelly Strickland submitted items to the Chairman; commented on water pollution, John Hogan, landfills, mercury content in fish, and moving landfills south; and requested the Board make a wise decision.

Dr. John Williams advised of the location of his home in the South Carpenter Road area; and stated when he moved there, the Hogan dump did not exist. He commented on Fox Lake Road, expansion of the Hogan landfill, traffic impacts, trucks coming in from South Florida, lack of proper permits, and lack of access for inspectors. He urged the Board to close the facility as it is illegal and not in the best interest of the citizens who live there.

John Weaver expressed opposition to the landfill; and advised of its history. He requested the Board put a stop to the blight on the community. He advised of assurances provided when the landfill came before the Board some years ago; and commented on lack of resources to monitor the site, impact of landfill on wells for drinking water, excavation and drainage operations underway on the site, inspection of truckloads for waste compliance, keeping South Florida's waste products in South Florida, and impact of truck traffic. He requested the Board right the wrong.

Attorney John Jorgensen, Counsel for Delta Resources, commented on the County Attorney's opinion concerning the injunction remedy; stated that is the wrong way to go; and recommended negotiation. He stated the landfill has been in operation since 1984-85 with the full knowledge and consent of the County; at one time permits were not required for this type of facility in the County; and Mr. Hogan and Delta have gotten all the necessary DEP permits to operate the landfill. He stated this is an issue of vested rights; and it does not have the proper zoning or land use, but it does have legal vested rights based on the use of the property as a landfill for over 20 years. He stated he would hate to see the County get involved in protracted, expensive litigation without negotiating with Delta Resources to see if something can be worked out. He stated Delta Resources is not interested in getting involved in litigation, but will do what it has to do to protect its legal rights. He stated he sent a letter to Mr. Knox who provided copies to the Commissioners; and he stands by everything in the letter. He stated there are major legal ramifications involved if the County rushes to seek an injunction.

Lisa Polidora submitted a letter to the Board; advised she has lived on Fox Lake Road since 1986; and expressed vehement opposition to continuation of the landfill. She stated representatives of Delta Resources say they addressed neighborhood concerns; however, she has never spoken to them. She commented on truck traffic, lack of monitoring of unlicensed and overloaded trucks, lack of DEP resources, fire hazard, and embarrassment to the City of Titusville. She requested the Board consider the numerous hazards the dump has created, and make an informed and environmentally sound decision.

The meeting recessed at 7:04 p.m. and reconvened at 7:18 p.m.

*Commissioner Voltz' presence was noted at this time.

REPORT, RE: ELECTION ON SPECIAL LAW ENFORCEMENT REFERENDUM

Chairman Scarborough inquired about the vote on the Law Enforcement referendum; with Commissioner Voltz responding there were 23,734 yes votes and 28,324 no votes, and the referendum failed.

STAFF DIRECTION, RE: HOGAN LANDFILL (CONTINUED)

Attorney Frank Griffith, representing Delta Resources, stated he agrees with Attorney Jorgensen that there should be some way to negotiate with the County to allow the landfill; and commented on the need for a landfill in the area. He noted the expensive, time-consuming problem the County got into on the Minton Road landfill; and stated he would hate to see the County's resources spent on litigation. He stated there have been complaints, but Delta Resources has tried to do this in the right way. He stated Mr. Knox is correct that there are issues of laches and estoppel; but Delta Resources would rather not get into that fight if it does not have to. He stated he hopes the Board will consider allowing Delta Resources to meet with the County Attorney and Zoning staff to try to come to a reasonable conclusion.

Don Kuhn stated permits are not needed; it is not practical to have the landfill; and commented on truck traffic. He stated the Board needs to take a practical approach.

Richard Davignon advised he lives 1.5 miles north of the landfill, and has lived there since 1981; and commented on the evolution of the landfill, local use of the landfill, monitoring, truck traffic problems, threats from Delta Resources, and contamination of drinking water. He requested the Board think about the long-range effect; and urged the Board to do whatever it can. He noted negotiation may be the right thing; but requested the Board try to get the operation stopped or slowed down.

Bette Walters stated a letter from Ocala advises DEP inspectors first found evidence of illegal dumping in 1988; inspectors wrote a violation notice, then issued a five-year permit to accept household garbage; and if the County can have no control over a landfill in the area, that is scary. She stated they have called DEP concerning John Hogan putting roofing materials into the landfill, and were told there are not enough manpower hours; and inquired if they are supposed to call the Sheriff's Department for every illegal truck. She requested a stop sign be installed at the end of the driveway; and commented on trucks not yielding, danger to children, lack of DEP inspection, no weight scale, and lack of protection of the safety of the citizens.

Susan Johnson, Delta Recycling Supervisor, advised of her personal history; and stated she has been at the landfill for three years. She commented on lakes and animals on the property, six monitoring wells, taking her children to the landfill, inspection of trucks, and paying the County to take tires and car batteries. She stated she would not endanger her children.

Commissioner Carlson stated she visited the landfill; and inquired how many trucks came in and out of the landfill. Ms. Johnson stated on average there are between 20 and 40 trucks per day; 70% of the trucks are local homeowners; and she realizes nobody wants a landfill in their back yard, but landfills are needed. Commissioner Carlson inquired about unlicensed vehicles; with Ms. Johnson stated every truck that comes in is licensed.

David Carey advised he is a homeowner off South Carpenter Road; he travels the road all the time, and did not know there was a landfill there; and commented about exaggeration of problems concerning truck traffic. He advised none of his neighbors on Buttonwood Drive has any complaints about the landfill; he has City water and a deep well for irrigation; and he has not seen any problems.

Ray Rivera stated he lives off North Carpenter Road, and is in the waste management business although he does not compete directly with Delta Resources or use their facility. He expressed concern about the geology of the site, operation of the site, need for a landfill site, lack of needs assessment, and trailers from South Florida. He requested the Board consider further study and suspend operations at the landfill until further studies are done.

Wanda Gregory stated she lives on South Carpenter Road; she does not see how the landfill will help; and commented on contamination of water, effect on property values, possible dumping of hazardous materials, unlicensed and uncovered trucks, traffic problems, and trucks from South Florida bringing debris to the County.

Emory Messer stated he is a trash hauler; and the land clearing debris and waste from construction of everyone's houses went through somebody's neighborhood to a dump. He stated some things at the site do not look good, but there are also things at the Melbourne and Cocoa landfill that do not look good. He stated water in Florida runs from the north; and he has not seen anything at the landfill that the County is not doing in Cocoa. He commented on truck traffic, stumps on roadways, new building materials coming from South Florida, use of trash dumps for parks and golf courses, and no pollution coming from land debris and concrete. He stated he does not want a landfill in his back yard, but it has to be put somewhere; and this land has been used for that. He commented on condition of trucks, liability insurance to cover damage to bike paths and sidewalks, operation of the landfill under John Hogan, and changes in the new operation. He stated instead of putting an injunction against the landfill, the Board should help them put a scale house in and allow them to have a compactor.

Rob Langley, Vice President of Rambling Acres West Homeowners Association, stated the community that lives near the landfill is against this; and he dares anyone to find someone in the area who is for the landfill. He expressed concern about increase in volume and scale of landfill, lack of approval by the County, and truck traffic. He requested the Commissioners imagine the landfill 60+ acres, up to 40 feet high within a mile of their houses; and inquired what will that do to quality of life and children. He stated his major concern is property values; and the Board is right to try to stop the operation or limit it to the use it was originally intended for.

Joseph Stagi stated people are trying to get more jobs in the County, but the landfill will not bring enough jobs; and he agrees with previous speakers concerning property values. He advised of alternative dump sites.

Maurice Tatum commented on truck traffic; and advised of near accidents with trucks going to and from the landfill. He noted insurance does not take care of lost lives; and requested the Board provide guidance.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Commissioner Scarborough stated at the beginning of the meeting the Board heard a recommendation from the County Attorney to proceed with injunction; the Board has not proceeded in a rash manner; it hired a consultant; and it is time to do the right thing and proceed. He stated this is a substantial operation that brings in materials from another part of the State to an area that has never been properly examined by the County for even limited operations.

Motion by Commissioner Chairman, seconded by Commissioner O'Brien, to approve the County Attorney's recommendation of injunctive action concerning the Hogan landfill. Motion carried and ordered unanimously.

The meeting recessed at 7:53 p.m. and 8:05 p.m.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

ACQUISITION OF EASEMENT, RE: SHORE PROTECTION PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution of Necessity and authorize the County Attorney's Office to file suit to condemn necessary easements for the placement of sand in the Shore Protection Project. Motion carried and ordered unanimously.

Commissioner Voltz stated the Board needs to address the issue of the worm rock on the beach; it does not want the hotels falling into the ocean; and the Board needs to do whatever is necessary to get that resolved.

Commissioner O'Brien stated they are well aware of the worm rock problem; the north was the part to be done first; and they are in negotiations with EPA and DEP about the worm rock. He stated if the Corps of Engineers had not allowed the beach to be eroded in the first place, the rock would not be exposed; and if they have to work around the area, it will leave an indentation that could cause severe erosion on both sides, and the Corps of Engineers will not buy off on that. He stated the choice is to save the work that goes into the worm rock or the endangered sea turtles that nest there; and the worm rock is not even threatened. He stated this will be resolved shortly, in six months to a year; U.S. Fish and Wildlife and others have to do studies; and the County is spending money for a study as part of the team for beaches. He stated the first grains of sand will be coming to Cape Canaveral and moving down to Patrick Air Force Base; Patrick Air Force Base has opted out; they cannot leave a hole in the sand; and the Corps of Engineers is dickering with them because if the sand is spread evenly, the chances of further erosion are reduced substantially.

PUBLIC HEARING, RE: FY 1999-2000 COUNTY BUDGET

Chairman Scarborough called for the public hearing to consider the FY 1999-2000 County Budget.

Budget Director Kathy Wall stated the proposed budget includes an aggregate rollback rate of 6.4645 mills, an aggregate tentative rate of 7.2385 mills, and a percentage change of 11.97%. She stated the primary reason for the change is the Fire Control MSTU which reflects a voter-approved increase and the pending referendum on the Law Enforcement MSTU.

Commissioner Voltz inquired since that failed, does Ms. Wall want to recalculate. Ms. Wall stated the proposed budget must be read as it is being proposed tonight, but can be adjusted later in the budget process.

Chairman Scarborough inquired about the impact of the referendum not passing because the TRIM notice went out anticipating the passage of the referendum. Ms. Wall stated the Florida Department of Revenue notified the County that since it had a pending referendum, it needed to include the maximum millage that would be considered by the Board pending the voter referendum which was 1.65 mills. She stated because the referendum did not pass, and the Home Rule Charter limits the Board's ability to raise property taxes to 3% or Consumer Price Index, it is necessary to reduce the millage to within the Charter limit. Chairman Scarborough stated the Board cannot do it this evening, but it will be substantially less.

Sheriff Phil Williams requested in light of the MSTU's failure, the millage rate be left as is at .88 mill; stated pending before the Board is an application for a grant for five additional COP deputies; three of them were going to be dedicated to a domestic violence investigative program and two were going to be sent to the north end of the County as a community policing unit in the Mims area; and requested the application be withdrawn, as under the current funding millage rate, the County cannot afford it.

Curt Lorenc advised of the five-year improvement plan for the Valkaria Airport; and expressed opposition to funding for the Super Unicom and support for the recreational facility. He commented on the Valkaria Airport Advisory Board being the proper body to look at the projects, Airport Manager doing a good job, and problems with pilots.

Janis Walters, President of the Valkaria Neighborhood Association, advised of a report on the cost /benefit of the Super Unicom, and commended the Airport Manager. She commented on the use and features of Super UNICOM, abuse from pilots, redundancy of Super Unicom messages, and installation of new weather equipment. She expressed opposition to funding for the Super Unicom, and support of funding additional staff for the Airport, the recreational project, or any other item outlined in the Airport Manager's report; and requested the Super Unicom funding be removed from the budget.

Linn Walters, Valkaria Airport user, advised of the need for the Super Unicom as a safety item; and stated it would benefit the homeowners. He requested the Board accept the Airport Manager's recommendation to keep the Super Unicom in the budget.

Art Irvine, President of the Valkaria Aviation Association, endorsed funding the Super Unicom; commented on the debate about the status of Runway 9/27; and commended the Board for the paving project. He advised Runway 9/27 can still be closed under certain circumstances; and advised of the benefits of the Super Unicom in making a decision on which runway to use. He stated the Super Unicom is a $9,000 budget item, and 80% of the cost will be FDOT matching grant money.

Jim Soldini, Vice President of the Valkaria Aviation Association, expressed appreciation for the paving of Runway 9/27; and commented on the safety rules for the Airport, Unicom not precursor of runway lights, and automated reports. He urged the Board to approve the Airport Manager's recommendation.

Chairman Scarborough inquired if there are any questions about the Super Unicom and Ms. Wall's memorandum of September 17, 1999.

Susan Canada stated she is satisfied with the change of vehicles for Animal Control, but the uniform budget has been cut from $6,000 to $3,000; and expressed concern that the $3,000 has been assigned to traps. She advised of a memo from Dr. Joseph Ward that stated there was an increase in the raccoon population; and commented on using anecdotal evidence as statistical conclusions. She advised of her work during the recent storm; and inquired if taking in baby squirrels means there was a population increase or that the habitat was being destroyed by the weather. She commented on servicing of traps, need for funding to remove animals stuck in walls or attic floors, and trap style. Ms. Canada demonstrated the use of a trap, and Commissioner Voltz attempted to open the trap. Commissioner Carlson inquired why anyone would want to open the trap; with Ms. Canada explaining why animals might need to be released. She stated before more traps are purchased, the Board should keep in mind that there is no manpower to service the traps; expressed concern about what will happen to the public as they open the traps; and recommended a trap with a handle on the back which opens a door.

Bea Polk expressed concern about Property Appraiser Jim Ford's budget; commented on the salaries and benefits of Mr. Ford and his assistant, Property Appraiser not paying vacation time for people who are fired, Constitutional Officers not having to account to the public for what they do, and budget of Property Appraiser approved by the State. She stated the budgets should be published long before the budget hearings; and requested Mr. Ford's private telephone number be given to the public. She stated before the Board approves the budget, it should check what is being spent.

Commissioner Voltz requested a copy of the Property Appraiser's budget.

Ms. Polk inquired when can she expect to get the Property Appraiser's telephone number; and advised there are others in the County who have private telephones, and only their friends know the number. She stated if the telephone is private, the Property Appraiser should pay for it; otherwise, she would like to use that number.

Chairman Scarborough inquired if there is a list of those telephones; with County Manager Tom Jenkins responding he does not have a private line, and does not know if the Property Appraiser does. Chairman Scarborough stated this is a little beyond the budget discussion, but staff can get that information and make it available. Commissioner Voltz stated Mr. Knox advised it is public information. Ms. Polk stated she would like a complete list of numbers.

B. B. Nelson expressed concern about the legal advertisement for the meeting; and stated it is illegible, and does not meet the requirements of State law. He commented on property tax revenues being most important source of revenue, gouging real estate to pay for government, special judge for bankruptcy, taxes without getting services, reduction in Road and Bridge budget, need for roads, and total budget not being reduced.

Commissioner O'Brien stated the Board has reduced taxes to individual property owners; and outlined the millages from 1994-95. Mr. Nelson stated the figures he is using come from the Budget Committee and show actual numbers. Commissioner O'Brien reiterated the amount individuals have been taxed went down. Mr. Nelson advised the assessment went down on several of his parcels. Commissioner O'Brien stated if F.I.N.D. or St. Johns River Water Management District want to raise taxes, that is up to them, but the County taxes have gone down every year. Mr. Nelson noted the majority of the people will not agree. Commissioner O'Brien stated Mr. Nelson needs to look at how much the County is charging in taxes, not how much the County collected.

Mr. Nelson requested an opinion about the legal notice which is illegible. Commissioner Voltz stated hers was readable. County Attorney Scott Knox stated the newspaper published the notice. Mr. Nelson stated the Board paid for the publication, and it is not legible. Commissioners Higgs and O'Brien advised they are able to read the notice.

Pat Poole, representing the League of Cities, commented on the disparity between Brevard County EMS Benefit Unit and the Micco EMS Unit assessment, preferential treatment for special interest groups, and abolishment of Harbor City Volunteer Ambulance Squad.

The meeting recessed at 8:56 p.m. and reconvened at 9:12 p.m.

Chairman Scarborough requested Mr. Jenkins respond to the speakers' questions. County Manager Tom Jenkins advised the Micco/Barefoot Bay area is unique in terms of the service level the County provides; the County provides one unit for EMS and Fire Rescue responses; there are two funding sources for the unit; and the EMS costs are lower in that area because the one unit is serving both functions. He stated the reason they are able to do that is due to the large and active volunteer service that augments and supports the paid personnel; the assessment rate for Micco reflects the County's cost in that area for EMS; and it would be difficult to do that in other areas at the same cost because typically there is either a County or municipal Fire Rescue crew as well as an EMS crew. He stated it would be possible to have a Countywide assessment that would not require any billing, but there are people who may have concerns about that because under that proposal, property owners who are infrequent users of the EMS transport system would be paying more than they currently do for the service; and when there is no user fee and billing for services, property owners assume the full cost of the service and would not be taking advantage of insurance or Medicare.

He stated under the current system, the revenues received from the insurance companies and Medicare make up a significant portion of the revenues to fund the service; so while there are some advantages to not receiving a bill, there are also some distinct disadvantages. He stated Chief Farmer had a meeting concerning municipal fire personnel being asked to assist; it has been a standard practice for a long time that on the more severe medical cases both municipal and County firefighters have either driven an ambulance or gotten on the back of the ambulance to assist; but it only happens on occasion and is nothing new.

Commissioner Voltz stated there were accusations about being short on personnel and not being prepared for October 1, 1999. Mr. Jenkins stated that allegation was not made this evening, but was at the League of Cities meeting; and Mr. Parker advised all staffing is moving along, and the transition is on schedule. He stated Harbor City Volunteer Ambulance Squad has asked Coastal to start assuming the interfacility non-emergency transport early; and everything is moving along as planned. Public Safety Director Jack Parker stated they expect to have hired 94 of the 95 personnel by October 2, 1999. Chairman Scarborough stated the Board needs to stand ready to answer the questions of the municipalities. Mr. Jenkins stated he is communicating with the municipalities on all issues; and he has issued a report, and Mr. Parker will be issuing a second report covering the broad spectrum of issues that have been raised.

Chairman Scarborough stated the total budget does not reflect what is paid individually; and in any growing County with construction, the overall budget will increase. He stated the Board is not only reducing taxes, but the amount spent per capita has also been reduced; so the Board is trying to provide more services while spending less per capita. Mr. Jenkins stated Mr. Nelson inquired about Road and Bridge funding; gas tax has been used instead of property tax; gas tax is a user fee; so the users of the road are paying for the road maintenance. Chairman Scarborough inquired about Ms. Polk's inquiry; with Mr. Jenkins responding he will confirm that the telephones exist, and if they do, will get the numbers. Chairman Scarborough noted that was throughout the system. Chairman Scarborough stated Ms. Canada inquired about animal control traps; and advised generally money is budgeted, and then it is determined what will specifically be bought at a subsequent time. Chairman Scarborough inquired about the Valkaria issue; with Mr. Jenkins responding there was a report from Mr. Shimkus indicating the costs for the equipment and why it is necessary; and the Board is relying on his recommendation. Mr. Jenkins stated there is an issue of liability; if the County is going to operate the airport, it has an obligation to provide aviation basics; and if it does not and there is a serious accident, the Board could be exposing itself to liability. He stated in terms of recreation, there have been discussions with EEL's and the MPO about a trailhead at the Airport as part of a regional trail system; the other option that was proposed was some passive facilities such as a pavilion and/or picnic tables in a scenic setting; and any type of improvements that go onto the Airport must be approved by the FAA.

Commissioner Higgs stated when the plan for the Airport was discussed, five projects were set up; the only one that has not been done is the recreational area; and she would like to see the County move on that in this budget year. She stated the Super UNICOM is a good addition, but she would rather look at another set of projects to be completed in the next three to four years; and some that have been mentioned are the Super UNICOM, the security fencing, set-aside for runway, resurfacing of the taxiway, and construction of an office lounge. She stated rather than begin a new set of projects, she would rather the Board hold a spot in the budget for capital improvements; and it would be a part of a set of projects that come to the Board to be completed in a five-year plan. She stated the Super UNICOM is good, but the Board made a commitment to complete the other projects, and then look at the next set of capital projects.

Commissioner Voltz stated the County hired Mr. Shimkus as a professional manager to give recommendations on what to do at the Airport to calm everything down for the safety and security of the residents; and his recommendation for the Super UNICOM is good, so the Board should go with it. She stated the Board needs to look at what the next five years will bring, and what kind of projects need to be put in at the Airport; Ms. Busacca is investigating whether FAA money can be spent on recreation; however the area for recreation is actually not on the Airport, but is across the street. She stated the Board should finish the projects; and recommended leaving the money in the budget for the Super UNICOM as it is a safety and liability issue.

Commissioner O'Brien stated he is a proponent of the Super UNICOM; and advised of his personal experience in a light airplane.

Discussion ensued on getting weather reports, night landings, and UNICOM as a safety device.

Commissioner Higgs stated if the Board wants to include the UNICOM, she is not saying not to look at it in this budget year, but to leave the slot as an equipment slot which would be held until there is a full list to insure that is what the Board wants to do. She stated the plan is for the Super UNICOM to be on a timer so it will not operate at night.

Motion by Commissioner Higgs, to leave the slot in the Valkaria Airport budget which has been designated for the Super UNICOM to be a projects designation, and direct the Airport Manager to come back to the Board as soon as possible with recommendations for the next set of projects. Motion died for lack of a second.

Motion by Commissioner Voltz, to leave the funding in the budget for the Super UNICOM. Chairman Scarborough advised there is no need for a motion as the item will stay in the budget.

Commissioner Higgs inquired if the Board should give direction regarding the recreation project. Commissioner Voltz stated $15,000 is the figure that was mentioned earlier.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to move forward on the Valkaria Airport recreation project, and bring it back to the Board for final approval and funding. Motion carried and ordered unanimously.

Commissioner Higgs inquired if the Board could also get staff to work with the Valkaria Airport Advisory Board on a five-year plan. Commissioner Voltz inquired was the last plan five years or three years; with Commissioner Higgs responding the first one was a list of five projects. Commissioner Voltz stated it should be a list of projects; with Commissioner Higgs responding most planning is based on a five-year capital improvements plan. Commissioner O'Brien inquired if the Board wants to micromanage Valkaria Airport; noted it does not micromanage the golf courses; and inquired if they have to come back to the Board every time they want to make a capital improvement. Commissioner Higgs advised all capital improvement plans come to the Board. Chairman Scarborough stated capital planning is beyond the budget issue; and Commissioner O'Brien makes a point that the Board should be asking those who are charged with that function to do some long-range planning. Commissioner Higgs stated that is fine; but staff needs to understand that the Airport needs to have a five-year plan that the Board would approve. Chairman Scarborough stated it will be part of the capital improvements plan of the County; and the whole community and staff should take part. Commissioner Higgs stated staff needs to know that the Board expects to see a CIP for the Airport.

Commissioner O'Brien inquired about the budget; with Chairman Scarborough advising the Board first takes a motion on the millage, and then the budget. Commissioner O'Brien distributed paperwork giving historical property tax data back to 1990; and stated the millages have decreased since 1994-95, and since 1990, there has been a 22.1% increase in revenue generated; and there has been a population increase of 14.4%. He explained how expenditure per person is calculated; and advised the expenditure per person has increased 9.1% from 1990 to 1998. He noted the population of Brevard County is the same as that of Wyoming and Alaska; and commented on the revenue, aggregate and expenditure figures. He stated with a population growth of 67,000 people over ten years and budgetary growth of $22.4 million, he would like to look at the budget to determine where the County is going; and he perceives the budget that was presented as a 2% increase. He commented on the disparity of 100% growth in budget with only a 50% growth in population; stated the Board started budgeting for the Historical Commission last year at $9,500, now it is $9,750; and he has nothing against keeping the artifacts of the County, but there are a lot of museums in the County. He inquired if the Board should be paying close to $10,000 for a Historical Commission which it never funded before. Commissioner Higgs noted the Board has allocated to the Historical Commission frequently in the past; with Commissioner O'Brien responding not since he has been on the Board except for last year and for the books. Assistant County Manager Steve Peffer advised the Board has funded the activities of the Historical Commission, but it has not shown up in the current format; and since going to program budgeting, it is more possible to see specifically how the dollars are allocated. He stated before the Historical Commission went to the Agriculture and Extension Center, it was managed through the Growth Management Department; explained how it was budgeted; and stated Mr. Schrader indicated such funding has occurred since the 1960's. Commissioner O'Brien stated the entire expenditure is for operatingexpenses; $10,000 is a lot of money; and the County may want to look at tasking it out. Agriculture and Extension Director Dan Schrader advised of the history of the funding, and the projected uses of the budgeted funds. Commissioner O'Brien inquired if the County has worked with UCF or BCC or University of Florida to accomplish the project of videotaping historical statements of senior citizens; and stated generally that is done by graduate students. Mr. Schrader responded the Historical Commission is anxious to buy its own camera and do it; and it will be cheaper. Commissioner O'Brien inquired what is cheaper than a student doing it on his or her own volition; with Mr. Schrader commenting on the ability to find a student at the right time. Commissioner O'Brien expressed concern about spending $10,000 on the Historical Commission.

Chairman Scarborough commented on the impact of $10,000 on the budget; and stated if the Board wants to make any substantial impact on the taxpayer, it will have to look at larger amounts. Commissioner O'Brien stated another way to look at it is as a leaking sieve; and if the holes are plugged up, it is possible to save money. Chairman Scarborough stated in order to have a $100 impact on someone who is earning $57,000, it would be necessary to reduce 100 $10,000 items; and that is why the Board needs to look at something major.

Commissioner Voltz stated it is important to preserve the past; and $10,000 is a cheap way to do it. She stated there were budget workshops where each Commissioner had the opportunity to cut and pick and choose those things he or she wanted in the budget; and this should have been done then. She stated now is the time to finalize some issues, not go over the budget line item by line item. Commissioner O'Brien stated the Code Compliance budget is up by $205,000, but they only hired two additional people; and inquired if the increase is necessary. Commissioner Carlson requested Commissioner O'Brien provide something in writing so the other Commissioners can follow along and staff could respond in report fashion. Commissioner O'Brien stated the Board has to pass the millage tonight; with Commissioner Carlson responding the Board does not necessarily have to do that. Chairman Scarborough advised the Board can continue the meeting. Commissioner O'Brien stated he will list what he wants to talk about with staff; and the Board can talk about it next week and finish up. He stated page E-5.2, Code Compliance, shows a jump of $205,000; page E-10.2, an increase in six employees for Housing and Human Services; page E-10.4, four additional personnel; page E10.2, CBO addition; page E-10.6, the amount given to charity via the hospitals; pages E-13.2 and 13.4, where the money went for substantial reductions; and page E-14.2, a $200,000 increase in the Natural Resources budget. Commissioner Higgs suggested answering Commissioner O'Brien's question tonight. Commissioner Carlson stated each Commissioner had the opportunity to ask incidental questions about the budget; and she does not see why the Board should go through every item when staff can just provide a report. Commissioner O'Brien stated on page E-16.3, there is a 100% increase in non-operating expense; and expressed appreciation to Supervisor of Elections Fred Galey for cutting his budget.

Commissioner Voltz stated Supervisor of Elections Fred Galey, Clerk of Courts Sandy Crawford, and Sheriff Phil Williams gave the Board an itemized budget; but the Board does not get an itemized budget from the other two Constitutional Officers; and inquired how can the Board approve a budget it does not see. She stated last year Mr. Crawford asked to hire 15 to 21 new employees, but had already hired them; and she has no idea what the Property Appraiser is doing because all she gets is a final figure to approve. She stated since the Board is held liable for the Property Appraiser's budget, she would like to see exactly what is going on.

Commissioner Carlson stated she got a memorandum about additional dollars which became available and suggestions by staff for how to allocate that; but expressed discomfort at doing it piecemeal without knowing all the Commissioners' desires. She stated she would like a complete report on how much is available so she can look at the big picture. She advised of a memorandum to Mr. Jenkins regarding right-sizing government; and read aloud the four questions from the memorandum concerning estimating staffing and cost of a new service, review of services, audit of services, and whether the new financial management system will assist management in decision making as it pertains to calculating costs and evaluating efficiencies and deficiencies. Commissioner O'Brien suggested Mr. Jenkins return with the answers next week; and stated the proposal is good in that it calls for accountability. Commissioner Carlson stated it is important when visioning to make sure that all services being provided are useful and being used; and if some can be cut and the money reallocated to right-size, that is efficient use of taxpayer money. Chairman Scarborough stated it is necessary to give notice, and the earliest the Board can have a meeting would be Wednesday of next week. Ms. Wall stated it is necessary to give a two to five day notice; and Monday would be the earliest a meeting could be held. Chairman Scarborough stated Ms. Wall had suggested Wednesday to allow time to visit with the Commissioners.

Discussion ensued on an appropriate date. Commissioner Voltz stated this has to be done by October 1, 1999; with Ms. Wall responding there are procedures for the Board to tentatively adopt a budget to work from as of October 1, but it would be an administrative nightmare. Commissioner Voltz stated there is no reason the Board cannot adopt the budget and then work on it; and it can cut the budget at any time, but cannot raise the millage rate. Chairman Scarborough stated Commissioner O'Brien is aiming at reducing the millage. Commissioner Voltz stated the Board can always do that; with Chairman Scarborough responding the Board can reallocate money, but cannot reduce the millage. Commissioner Voltz stated she does not have a problem voting on the budget tonight. Commissioner Carlson stated she does not have a problem voting tonight, but would like answers to the questions. Commissioner Higgs stated the Board can vote on the millages, and if the Board is not comfortable with the budgets, the allocations can be changed. Chairman Scarborough stated the Board can change the budget at any time. Commissioner O'Brien stated that will not change the millage. Commissioner Voltz stated there has been plenty of opportunity to look at this. Commissioner Carlson stated the Board still needs to look at the Law Enforcement MSTU. Chairman Scarborough stated there is a schedule of things to be done.

PUBLIC HEARING, RE: RESOLUTION ESTABLISHING FINAL MILLAGES FOR FY 1999-2000

Chairman Scarborough called for the public hearing to consider resolution establishing the final millages for FY 1999-2000.

General Fund
Senior Budget Analyst Neil Boynton stated the General Fund millage for FY 1998-99 was 4.2345 mills; and the tentative millage for FY 1999-2000 is 4.1781 mills.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of the FY 1999-2000 millage rate for the General Fund at 4.1781 mills. Motion carried and ordered; Commissioner O'Brien voted nay.

Mr. Boynton stated the General Fund estimated tax revenue for FY 1999-2000 is $66,528,628; and the tentative budget for the General Fund is $144,819,265.

Library District
Mr. Boynton stated the Library District millage for FY 1998-99 is 0.7306 mill; the 1999-2000 is 0.7209 mill; the estimated tax revenue is $11,478,285; and the total budget is $17,563,957.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of the FY 1999-2000 millage rate for the Library District at 0.7209 mill. Motion carried and ordered unanimously.

Mosquito Control
Budget Analyst Greg Pelham stated the Mosquito Control millage for FY 1998-99 is .2206 mill; the tentative millage for FY 1999-2000 is .2176 mill; the estimate tax revenue for FY 1999-2000 is $3,465,388; and the tentative budget for FY 1999-2000 is $7,292,462.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of the FY 1999-2000 millage rate for Mosquito Control of .2176 mill. Motion carried and ordered unanimously.

Fire Control MSTU
Mr. Pelham stated the Fire Control MSTU millage rate for FY 1998-99 is 1.5604 mills; the tentative millage for FY 1999-2000 is 2.2035 mills; the estimated tax revenue for FY 1999-2000 is $16,252,713; and the tentative budget for FY 1999-2000 is $19,500,199.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of the FY 1999-2000 millage rate for Fire Control MSTU of 2.2035 mills. Motion carried and ordered unanimously.

County Manager Tom Jenkins advised the reason for the increase was a voter-approved referendum.

Recreation District 1 MSTU
Budget Analyst Dennis Rogero stated the Recreation District 1 MSTU millage rate for FY 1998-99 is 0.5258 mill; the tentative millage for FY 1999-2000 is 0.5252 mill; the estimate tax revenue for FY 1999-2000 is $1,124,821; and the tentative budget for FY 1999-2000 is $ 4,122,614.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of the FY 1999-2000 millage rate for Recreation District 1 MSTU of 0.5252 mill. Motion carried and ordered unanimously.

Commissioner O'Brien inquired if it is lowering the millage, how does it go from $1 million to $4 million; with Commissioner Voltz advising the millage reflects only ad valorem taxes. Commissioner O'Brien noted a lot of the budget is based upon grants, user fees, etc.

Recreation District 4 Maintenance
Mr. Rogero stated the Recreation District 4 Maintenance millage for FY 1998-99 is 0.5743 mill; the tentative millage for FY 1999-2000 is 0.6364 mill; the estimated tax revenue for FY 1999-2000 is $940,562; and the tentative budget for FY 1999-2000 is $3,258,610.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to grant approval of the FY 1999-2000 millage rate for Recreation District 4 Maintenance of 0.6364 mill.

Commissioner Voltz requested an explanation. Chairman Scarborough stated there was an increase in the millage. Ms. Wall advised there is actually a roll forward in this District due to redistricting; the District is smaller so the property value decreased; and roll forward is to get the same amount of revenue.

Chairman Scarborough called for a vote on the motion. Motion carried and ordered; Commissioner O'Brien voted nay.

*Commissioner Voltz's absence was noted at this time.

TICO Airport Authority
Mr. Boynton stated the TICO Airport Authority millage for FY 1998-99 is 0.0250 mill; the tentative millage for FY 1999-2000 is 0.0249; the estimated tax revenue is $168,411; and the tentative budget for FY 1999-2000 is $5,109,217.

Chairman Scarborough inquired how they take $168,411 and end up with a $5 million budget.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to grant approval of the FY 1999-2000 millage rate for TICO Airport Authority of 0.0249 mill. Motion carried and ordered unanimously.

Law Enforcement MSTU
Mr. Boynton stated the Law Enforcement MSTU millage for FY 1998-99 is 0.8815 mill; the 1999-2000 tentative millage is 1.6500 mills; the estimated tax revenue is $11,359,222; and the FY 1999-2000 tentative budget is $12,100,009.

Mr. Jenkins advised Board direction is needed. Mr. Boynton advised this was denied by the referendum, and staff is prepared with alternatives.

*Commissioner Voltz's presence was noted at this time.

Chairman Scarborough stated the Board does not have the legal authority to approve the millage as stated. He stated he understands this year the Sheriff can make things work, but there will be difficult times in successive years.

Sheriff Phil Williams stated next year if the millage rate remains the same, they will be able to maintain the same number of deputies in the unincorporated area and meet their obligations under the funding the Board has obligated itself to in grant applications that began in 1995, 1996, 1997 and 1998; and requested the Board not extend its grant applications as of this meeting. He stated if the millage rate remains the same, at some point, it will not be possible to fund the existing number of deputies; that will probably happen in the FY 2000-2001 budget; and the obligations the Board has signed in grant applications will have to be absorbed in the General Fund in the years from 2000 to 2002. He requested the millage be left as is.

Commissioner Voltz inquired about the impacts. Ms. Wall stated all other millages were decreased by 1% from the current rate on the average; and this would not decrease the millage. Mr. Jenkins stated this will build a base for subsequent years; and if it is not decreased, there will be less of a problem in subsequent years. Commissioner Higgs inquired if it is left at last year's rate, will it continue to be a millage decrease overall if the voted increase for the firefighters is not considered; with Ms. Wall responding that is correct, and it averages a little over $3 for all Commission Districts except for District 4 because of the roll forward in the Recreation District. Commissioner Carlson inquired using the roll back amount with the 2% cap, would the millage still be decreased; with Ms. Wall responding yes. Commissioner Carlson inquired if that is what staff is suggesting; with Ms. Wall responding no, she was just commenting on leaving the millage the same as adopted in this fiscal year. Chairman Scarborough stated Mr. Jenkins recommends leaving the millage the same; with Mr. Jenkins responding only because there will be a problem in following years. Chairman Scarborough commented on the impact of caps on future years.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to grant approval of the FY 1999-2000 millage rate for Law Enforcement MSTU of 0.8815 mill. Motion carried and ordered; Commissioner O'Brien voted nay.

Mr. Boynton stated the millage of 0.8815 mill will provide an estimated tax revenue of $6,068,578 and a total budget of $6,988,800.

Road and Bridge District 1 MSTU
Mr. Pelham stated the Road and Bridge District 1 MSTU millage for FY 1998-99 is 0.7826 mill; the tentative millage for FY 1999-2000 is 0.7822 mill; the estimated tax revenue for FY 1999-2000 is $1,026,749; and the tentative budget for FY 1999-2000 is $1,355,275.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of the FY 1999-2000 millage rate for Road and Bridge District 1 MSTU of 0.7822 mill. Motion carried and ordered unanimously.

Road and Bridge District 2 MSTU
Mr. Pelham stated the Road and Bridge District 2 MSTU millage for FY 1998-99 is 0.4367 mill; the tentative millage for FY 1999-2000 0.4295 mill; the estimate tax revenue for FY 1999-2000 is $849,057; and the tentative budget for FY 1999-2000 is $1,277,512.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of the FY 1999-2000 millage rate for Road and Bridge District 2 MSTU of 0.4295 mill. Motion carried and ordered unanimously.

Road and Bridge District 3 MSTU
Mr. Rogero stated the Road and Bridge District 3 MSTU millage for FY 1998-99 is 0.6589 mill; the tentative millage for FY 1999-2000 is 0.6567 mill; the estimated tax revenue for FY 1999-2000 is $603,165; and the tentative budget for FY 1999-2000 is $1,091,620.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to grant approval of the FY 1999-2000 millage rate for Road and Bridge District 3 MSTU of 0.6567 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU
Mr. Rogero stated the Road and Bridge District 4 MSTU millage for FY 1998-99 is 0.4744 mill; the tentative millage for FY 1999-2000 is 0.4725 mill; the estimate tax revenue for FY 1999-2000 is $731,682; and the tentative budget for FY 1999-2000 is $1,070,810.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of the FY 1999-2000 millage rate for Road and Bridge District 4 MSTU of 0.4725 mill. Motion carried and ordered unanimously.

Road and Bridge District 5 MSTU
Mr. Boynton stated the Road and Bridge District 5 MSTU millage for FY 1998-999 is 0.7424 mill; the tentative millage for FY 1999-2000 is 0.7093; the estimated tax revenue is $546,838; and the tentative budget is $894,998.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of the FY 1999-2000 millage rate for Road and Bridge District 5 MSTU of 0.7093 mill. Motion carried and ordered unanimously.

Road and Bridge District 4 MSTU North Beaches
Mr. Boynton stated the Road and Bridge District 4 MSTU North Beaches millage for FY 1998-99 is 0.5863 mill; the tentative millage for FY 1999-2000 is 0.5866 mill; the estimated tax revenue is $168,554; and the tentative budget for FY 1999-2000 is $806,869.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to grant approval of the FY 1999-2000 millage rate for Road and Bridge District 4 MSTU North Beaches of 0.5866 mill. Motion carried and ordered; Commissioner O'Brien vote nay.

Road and Bridge District 4 MSTU South Merritt Island
Mr. Pelham stated the Road and Bridge District 4 MSTU South Merritt Island millage for FY 1998-99 is 0.2317 millage; the tentative millage for FY 1999-2000 is 0.2221; the estimated revenue for FY 1999-2000 is $15,371; and the tentative budget for FY 1999-2000 is $62,255.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to grant approval of the FY 1999-2000 millage rate for Road and Bridge District 4 MSTU South Merritt Island of 0.2221 mill. Motion carried and ordered unanimously.

Commissioner Voltz noted District 4 has three different MSTU's. Mr. Jenkins clarified they come from former MSTU's and were broken off as a result of redistricting some years ago.

Environmentally Endangered Lands
Mr. Pelham stated the Environmentally Endangered Lands millage for FY 1998-99 is 0.2500 mill; the tentative millage for FY 1999-2000 is 0.2500 mill; the estimated tax revenue for FY 1999-2000 is $3,980,782; and the tentative budget for FY 1999-2000 is $7,413,894.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to grant approval of the FY 1999-2000 millage rate for Environmentally Endangered Lands of 0.2500 mill. Motion carried and ordered unanimously.

Beach and Riverfront Acquisition
Mr. Rogero stated the Beach and Riverfront Acquisition millage for FY 1998-99 is 0.2120 mill; the tentative millage for FY 1999-2000 is 0.2325 mill; the estimated tax revenue for FY 1999-2000 is $3,702,127; and the tentative budget for FY 1999-2000 is $4,165,573.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to grant approval of the Beach and Riverfront Acquisition millage for FY 1999-2000 at 0.2325 mill. Motion carried and ordered; Commissioner O'Brien voted nay.

Port St. John/Canaveral Groves Recreation MSTU
Mr. Rogero stated the Port St. John/Canaveral Groves Recreation MSTU millage for FY 1998-99 is 0.8398 mill; the tentative millage for FY 1999-2000 is 0.8375 mill; the estimated tax revenue for FY 1999-2000 is $442,126; and the tentative budget for FY 1999-2000 is $1,035,865.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to grant approval of the Port St. John/Canaveral Groves Recreation MSTU millage for FY 1999-2000 of 0.8375 mill. Motion carried and ordered unanimously.

Commissioner Voltz requested staff advise of the percentage of increase or decrease.

Ms. Wall stated the aggregate millage rate for FY 1998-99 was 6.6751 mills; the roll back rate for FY 1999-2000 is 6.4645 mills; and the recomputed aggregate just adopted is 6.9062 mills, which is an increase of 6.83% due to the Fire Control MSTU referendum.

The Board reached consensus to adopt Resolution to approving final millages pursuant to Chapter 200, Florida Statutes, authorizing the Board of County Commissioners to adopt final millages for FY 1999-2000 and providing an effective date.

PUBLIC HEARING, RE: RESOLUTION SETTING FINAL BUDGET FOR FY 1999-2000

Chairman Scarborough called for the public hearing to consider a resolution setting final budget for FY 1999-2000.

Budget Analyst Neil Boynton read aloud the title and action paragraph of a resolution adopting a budget for FY 1999-2000 at $546,946,432.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution setting final budget for FY 1999-2000 at $546,946,432. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS SETTING FINAL MILLAGES FOR FY 1999-2000 FOR DEPENDENT SPECIAL TAXING DISTRICTS

Chairman Scarborough called for the public hearing to consider resolutions setting final millages for FY 1999-2000 for Dependent Special Taxing Districts.

Brevard County Free Public Library District
Mr. Rogero read aloud the title and action paragraph of a resolution adopting a final millage for the Brevard County Free Public Library District for FY 1999-2000. He stated the FY 1998-99 millage is 0.7306 mill; the FY 1999-2000 millage is 0.7209 mill; and the estimated tax revenue for FY 1999-2000 is $11,478,285.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution adopting a final millage pursuant to Chapter 200, Florida Statutes, for the Brevard County Free Public Library District for FY 1999-2000 of 0.7209 mill. Motion carried and ordered unanimously.

Brevard Mosquito Control District
Mr. Rogero read aloud the title and action paragraph of a resolution adopting a final millage for the Brevard Mosquito Control District for FY 1999-2000. He stated the millage for FY 1998-99 is 0.2206 mill; the FY 1999-2000 millage is 0.2176 mill; and the estimated tax revenue for FY 1999-2000 is $3,465,388.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt a Resolution adopting a final millage pursuant to Chapter 200, Florida Statutes, for the Brevard Mosquito Control District for FY 1999-2000 of 0.2176 mill. Motion carried and ordered unanimously.

Brevard County Recreation Special District IV O&M
Mr. Pelham read aloud the title and action paragraph of a resolution adopting a final millage for the Brevard County Recreation Special District IV Operations and Maintenance for FY 1999-2000. He stated the millage for FY 1998-99 is 0.5743 mill; the millage for FY 1999-2000 is 0.6364 mill; and the estimated tax revenue for FY 1999-2000 is $940,562.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution adopting a final millage pursuant to Chapter 200, Florida Statutes, for the Brevard County Recreation Special District IV Operations and Maintenance FY 1999-2000 of 0.6364 mill. Motion carried and ordered; Commissioner O'Brien voted nay.

Titusville-Cocoa Airport Authority
Mr. Pelham read aloud the title and action paragraph of a resolution adopting a final millage for the Titusville Cocoa Airport Authority for FY 1999-2000. He stated the millage for FY 1998-99 is 0.0250 mill; the millage for FY 1999-2000 is 0.0249 mill; and the estimated tax revenue for FY 1999-2000 is $168,411.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution adopting a final millage pursuant to Chapter 200, Florida Statutes, for the Titusville-Cocoa Airport Authority for FY 1999-2000 of 0.0249 mill. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS SETTING FINAL BUDGETS FOR FY 1999-2000 FOR DEPENDENT SPECIAL DISTRICTS

Chairman Scarborough called for the public hearing to consider resolutions setting final budgets for FY 1999-2000 for Dependent Special Districts.

Brevard County Free Public Library District
Mr. Boynton read aloud the title and action paragraph of a resolution setting the final budget for the Brevard County Free Public Library District for FY 1999-2000 at $17,563,957.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution adopting a final operating budget for the Brevard County Free Public Library District pursuant to Chapter 200, Florida Statutes, for FY 1999-2000 at $17,563.957. Motion carried and ordered unanimously.

Brevard Mosquito Control District
Mr. Boynton read aloud the title and action paragraph of a resolution setting the final budget for the Brevard County Mosquito Control District for FY 1999-2000 at $7,292,462.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution adopting a final operating budget for the Brevard Mosquito Control District pursuant to Chapter 200, Florida Statutes, for FY 1999-2000 at $7,292,462. Motion carried and ordered unanimously.

Mr. Boynton advised a separate motion is necessary to authorize the Chairman to sign the Department of Agriculture and Consumer Services Annual Certified Budget for Arthropod Control.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Chairman to sign the Department of Agriculture and Consumer Services Annual Certified Budget for Arthropod Control. Motion carried and ordered unanimously.

Brevard County Recreation Special District IV O&M

Mr. Pelham read aloud the title and action paragraph of a resolution setting a final budget for Brevard County Recreation Special District IV Operations and Maintenance for FY 1999-2000 at $3,258,610.

There being no comments or objection heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution adopting a final operating budget for the Brevard County Recreation Special District IV Operations and Maintenance pursuant to Chapter 200, Florida Statutes, for FY 1999-2000 at $3,258,610. Motion carried and ordered; Commissioner O'Brien voted nay.

Titusville-Cocoa Airport Authority
Mr. Pelham read aloud the title and action paragraph of a resolution to adopt a final budget for Titusville-Cocoa Airport Authority for FY 1999-2000 at $5,109,217.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution adopting a final operating budget for the Titusville-Cocoa Airport Authority pursuant to Chapter 200, Florida Statutes, for FY 1999-2000 at $5,109,207. Motion carried and ordered unanimously.

Merritt Island Redevelopment Agency
Mr. Rogero read aloud the title and action paragraph of a resolution to adopt a final budget for the Merritt Island Redevelopment Agency for FY 1999-2000 at $438,983.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution adopting a final operating budget for the Merritt Island Redevelopment Agency pursuant to Chapter 200, Florida Statutes, FY 1999-2000 at $438,983. Motion carried and ordered unanimously.

Barefoot Bay Water and Sewer District
Mr. Rogero read aloud the title and action paragraph of a resolution to adopt a final budget for the Barefoot Bay Water and Sewer District for FY 1999-2000 at $2,891,508.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution adopting a final operating budget for the Barefoot Bay Water and Sewer District pursuant to Chapter 200, Florida Statutes, for FY 1999-2000 at $2,891,508. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: AUTHORIZATION FOR BUDGET DIRECTOR TO EXECUTE THE CERTIFICATION OF COMPLIANCE WITH CHAPTER 200, FLORIDA STATUTES (TRIM); FLORIDA DEPARTMENT OF REVENUE FORM DR-487

Chairman Scarborough called for the public hearing to consider authorizing the Budget Director to execute the Certification of Compliance with Chapter 200, Florida Statutes (TRIM), and Florida Department of Revenue Form DR-487.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to authorize the Budget Director to execute Department of Revenue Forms DR-487, "Certificate of Compliance With Sections 200.065 and 218.63, Florida Statutes"; Forms DR-420, "Certificate of Taxable Value"; and Forms DR-422, "Certificate of Final Taxable Value" on behalf of the County; and authorize the Budget Director to assemble all components of the TRIM Compliance Package and transmit them to the appropriate Department of Revenue authorities. Motion carried and ordered unanimously.

DISCUSSION, RE: MISCELLANEOUS BUDGET ISSUES

Commissioner Voltz inquired if nurse-practitioners were incorporated for the insurance. Ms. Wall stated there was a proposal to utilize Workers Compensation Reserves for the first year to fund that program. County Manager Tom Jenkins advised this could be a budget amendment within the Risk Management budget. Commissioner Higgs inquired if it can be done now; with Mr. Jenkins responding yes, if staff has the numbers. Commissioner Voltz stated it is $381,000; with Ms. Wall responding that will be a loan from Workers Compensation Reserves, and health insurance will pay it back over time.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize use of Workers' Compensation funds for nurse-practitioners, with the funds to be repaid from health insurance funds over time.

Commissioner O'Brien stated he wants to be sure there is accountability. Mr. Jenkins advised staff will provide the accountability report.

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

Commissioner Carlson stated when staff brings back all the dollars that are available, she would like Planning and Zoning to do some research on how the County can use existing employees for GIS; and by training someone in-house, it will be possible to bring in an additional person at a lower wage. County Manager Tom Jenkins stated staff will be happy to look at that. He stated the $276,000 balance will be put in the Reserve fund until the Board has considered all items.

Commissioner Carlson stated now that the Law Enforcement referendum has failed, the increase will be an average of $45 instead of between $95 and $100. Commissioner Voltz stated the $45 is because of the Fire fighters MSTU. Ms. Wall stated she amended the tax charts to what the Board approved for the Law Enforcement MSTU. Mr. Jenkins stated Commissioner Voltz wants to know how much the TRIM notice will be reduced as a result of the Law Enforcement MSTU referendum not being approved. Commissioner Voltz inquired if different TRIM notices will be sent; with Mr. Jenkins responding no, tax bills will be sent. Ms. Wall stated if someone has an average home valued at $100,000 with homestead exemption, there would be a reduction of $57.64 between the TRIM notice and the tax bill.

APPROVAL, RE: REVISED BOARD MEETING SCHEDULE

Commissioner Carlson advised of a conflict between the Manatee Protection Plan Workshop and scheduled presentations to the Greenway and Linear Parks Steering Committee; and requested it be altered. Commissioner Higgs stated she thought several groups received notice of the day the Workshop would be held. County Manager Tom Jenkins inquired what is the Board's desire, reschedule one or the other, or specifically the Manatee Protection Plan Workshop. Commissioner Carlson stated there are a lot of people involved with the presentations, so it may be harder to reschedule; and recommended contacting Transportation Planning. Chairman Scarborough stated the Board will accept Mr. Jenkins' recommendations.

DISCUSSION, RE: DRUG COURT MONEY

Commissioner Voltz inquired about drug court money and whether it came through; with County Manager Tom Jenkins responding it has not come yet, but staff is still working on it. Commissioner Voltz stated the Board needs to try to fund them so there is no gap in the services. County Manager Tom Jenkins stated he will bring back the issue on September 28, 1999.

ANNOUNCEMENT, RE: STAFF APPRECIATION

Chairman Scarborough stated there have been rough days with hurricanes; and expressed appreciation to staff.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 10:43 p.m.

ATTEST:

TRUMAN G. SCARBOROUGH, JR., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
( S E A L )