The Board of County Commissioners of Brevard County, Florida, met in regular session on October 12, 1999, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Tim Franklin of Freedom Christian Center, Viera, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of the July 22, 1999 Budget Workshop/Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: EXECUTIVE SESSION

County Attorney Scott Knox requested permission to schedule an executive session on October 19, 1999 at 4:00 p.m. to discuss the Showboat, Farm and Grove Realty, Porter, Evarts Downey, Hammer vs. Brevard County, and City of West Melbourne vs. City of Palm Bay cases.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to schedule an executive session on October 19, 1999, at 4:00 p.m. to discuss cases as requested by the County Attorney. Motion carried and ordered unanimously.

REPORT, RE: USA WASTE PICKUP

Commissioner O'Brien advised of letters that applauded USA Waste for picking up debris, but also letters of complaints; and recommended Mr. Jurgel, owner of USA Waste, be asked to describe the complaints he received, what procedures he has, and what he plans to do to prevent this in the future. He stated people complained that the brush was there before Hurricane Floyd and weeks after it; and they were upset because the trash is blowing into the ditches and causing problems.

REPORT, RE: PRESENTATION BY RALPH KENNEDY ON SHORE PROTECTION

Commissioner O'Brien advised Port Commissioner Ralph Kennedy has a video on beach renourishment that exceeds the time limit; and requested waiver of the five-minute rule.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to waive the five-minute rule for presentation of videos at Board meetings. Motion carried and ordered unanimously.

Commissioner Voltz advised it should have been on the Agenda because it will take time; with Commissioner O'Brien responding it is on the Agenda and will take approximately 12 minutes.

Commissioner Ralph Kennedy, Canaveral Port Authority, gave an update on the beach renourishment project and storm damage from Hurricane Floyd; presented and explained a video; and stated beaches are the #1 tourist attraction in Brevard County, and the leading tourism industry in the United States. He advised of endangered sea turtles on the beaches, the need to maintain the beaches by sand management, and competition in the Caribbean; and stated the cost will be approximately $40 million, with the federal government funding $20 million, and State and local governments funding $10 million each. He noted the federal government should fund at least $30 million, as it paid all the costs for South Carolina's beaches sand bypass system in 1995. Mr. Kennedy stated copies of the updated video were sent to the House and Senate Committees and the State, and the video emphasizes the importance of the beach renourishment project to save the beaches, improve the economy and quality of life, provide jobs, attract tourists, maintain property values, etc. He advised of the inlet management plan to keep the Port clean and safe; and noted erosion that has occurred 26 to 33 miles south of the inlet, but at the very south end, the beaches are growing because sand is stopping there. He explained the legislation relating to beach renourishment, Brevard County being one of two new start beach restoration projects, projected costs to be paid by State grant and TDC, investments by the Port, and the worm rock exposed by the storm.

Commissioner Carlson advised her concern is equal distribution of sand. Commissioner Higgs inquired if the worm rock will sustain the beach; with Mr. Kennedy responding it has no benefit as far as holding sand. Commissioner Higgs noted she heard there may be benefit to keep it.

Juvenile Assessment Center Locks

Commissioner Voltz advised there are problems with the safety locks at the Juvenile Assessment Center; with Mr. Kennedy responding they were not installed as designed because of the cost; so he donated the cost and installation. He stated it is not an off-the-shelf item; there is no money for maintenance; but someone needs to check on it every 30 to 60 days and provide periodic maintenance.

Beach Renourishment Project (continued)

Commissioner Higgs inquired if the cruise ships are contributing to beach restoration; with Mr. Kennedy responding no, but the federal government collects $35 million a year in taxes from Port Canaveral and has not put anything back into it. He stated the Corps of Engineers created a problem in 1962, and that has not been addressed.

Commissioner O'Brien advised the Port has been a great partner coming with dollars and team members; the taxpayer will not pay a dime for beach restoration because the County's share will come from TDC; and they are still fighting with the federal government on what the County's share should be. He noted the federal government offered 53%; and thanked Mr. Kennedy for his efforts.

Beeline Monorail

Chairman Scarborough advised the monorail is in trouble with investors; and inquired who makes the decision whether the Port wants the project on its property. He requested Mr. Kennedy provide any information he has on the monorail to Mr. Jenkins.

Mr. Kennedy advised the monorail people came to the Port Authority looking to lease land; the Port is not interested in leasing it at this time; it has taken no action, but has asked for more information; and they do not want to lock into something that investors are pulling out of because everything promised is not coming true. Chairman Scarborough stated if the County gets information, it will share it with the Port, and hopes the Port will do the same with the County. Mr. Kennedy indicated Maglev is coming to talk to the Port.

REPORT, RE: OLYMPIC EVENT

Commissioner O'Brien advised Brevard County will host its first Olympic event; it is the pre-qualifications for the Olympics windsurfing; the trials will be held in the Indian River west of Satellite Beach's Dragon Point and adjacent to Eau Gallie Causeway from October 16 through 24, 1999; and Brevard County was selected over all other sites in California and Connecticut. He wished the participants the best of luck, and that they enjoy their stay in Brevard County.

Commissioner O'Brien stated in the surfing finals last week, four of the top six places were taken by Brevard County residents; the County has the sixth-time world champion in Mr. Slater, and four or five male and female champions in other classes; so Brevard County has a lot to brag about with championships.

REPORT, RE: BILLBOARDS AND TITLE LOAN ORDINANCES

Commissioner Voltz advised the Space Coast League of Cities received information on the billboards and title loan issues last week; the comments are due Friday; most of them have not addressed the issues; and they requested a 60-day extension. She inquired who were sent copies of the ordinances; with County Attorney Scott Knox responding he is not sure, but will check on it. Commissioner Voltz stated they did not go to whoever needed to get them because none of the people addressed them, but some are addressing them tonight.

Chairman Scarborough stated he received information from Titusville Chamber of Commerce on billboards, and indicated to them that rather than having each Chamber give its own input, it would be advantageous, after each one studied it, to get together and compare notes so the Board would be dealing with their uniform position. He suggested staff touch base with the Chambers; and if they have their sign products together, see if they can come to a consensus on what they would like to include in the ordinance.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to extend the ordinances relating to billboards and off-premise signs and title loans for 60 days to allow the Cities to review them and submit their comments; and request that the Chambers work together and provide a uniform position. Motion carried and ordered unanimously.

REPORT, RE: COMPLAINT ABOUT AMBULANCE BILLS

Commissioner Voltz advised her husband, who is a Councilman with the City of Palm Bay, received a complaint regarding ambulance bills from the Titusville area; and there were nasty comments on the bottom of the bills saying they had 30 days or it will ruin their credit. She stated government does not need to put those kinds of messages on its bills; and requested the County Manager check to see what type of information is being put on ambulance bills when people are late with their payments.

REPORT, RE: VIDEOTAPING OF CHILDREN'S ISSUES PRESENTATION

Commissioner Voltz advised Mr. Levine is coming to Brevard County to do a presentation to the community regarding a poll that was taken statewide on children's issues, a lot of which focused on Brevard County, and she would like to have it videotaped. She stated they were going to have the meeting in the Commission Chambers, but could not; the Contract with the company that does the videotaping in the Florida Room does not include this event; so it would require an amendment to the Contract. She stated it would cost approximately $1,500 to do the video so it can be shown on television, because it is a frightening bit of information.

Commissioner Higgs advised her concern, if this is authorized, is where to draw the line; there may be a lot of other groups requesting the same thing; and she recognizes the cause, but is not sure the Board should authorize funds to tape the presentation. Commissioner Voltz stated they did not ask for it to be taped; but it was her suggestion because the information is such that the community needs to know what is going on with children.

Chairman Scarborough recommended the County Manager provide a report on the nature of the Contract because he would like to go to the community with a lot of different concepts, because an informed community is a good community; and the more information that can be given to them, the more intelligent the responses will be. He stated the Board also needs to know the answer to Commissioner Higgs' question, not just for this item, but where to go with communications. Commissioner Higgs requested clarification on exactly what will be presented.

REPORT, RE: AMBULANCE BILLS

Commissioner O'Brien stated ambulance bill collection is a countywide program; the Board is being asked to sign off on over a million dollars of unpaid bills for ambulance service; and if they do not pay within the first 30 days, EMS puts the bill into collections and letters are being sent out with a pay or die attitude by the collection agency.

Commissioner Higgs inquired how fast are they put into collection because some of the ones on the list are not going to collection; with County Manager Tom Jenkins responding he does not think it is 30 days, but will check on it. Chairman Scarborough instructed Mr. Jenkins to provide the Board with a report. Commissioner O'Brien stated people say they pay taxes for ambulance service and expect Medicaid and Medicare to pay the rest; there are people who do not have health insurance; and inquired what is being done for them to create a level playing field.

RESOLUTION, RE: PROCLAIMING DISABLED AMERICAN VETERANS FORGET-ME-NOT WEEK

Commissioner O'Brien read aloud a resolution proclaiming October 22 through 29, 1999, as Disabled American Veterans Forget-Me-Not Week in Brevard County, and encouraging all citizens, businesses and organizations to support this worthy effort.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution proclaiming Disabled American Veterans Forget-Me-Not Week in Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 99-232.)

Lee DuGoff, Past Commander of Space Coast Chapter of DAV 123, advised the purpose of the drive is to collect funds to help families of needy veterans; if they are lucky, they will collect $3,500 to be used in Brevard County. He advised of how they find needy veterans, what they do to help them and their families, and how happy they are with the VA clinic in Brevard County even though it is not fully staffed. He noted any support for their drive can be made by check to DAV 123 Forget-Me-Not Fund and sent to the Brevard Veterans Memorial Center, Merritt Island, Florida 32952. Commissioner O'Brien presented the Resolution to Mr. DuGoff.

FINAL PLAT APPROVAL, RE: PARRISH PARK SCOTTSMOOR

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Parrish Park Scottsmoor, subject to minor changes if necessary, receipt of all documents required for recording, and not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA NORTH PUD, PARCEL K-2

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant final plat approval for Viera North PUD, Parcel K-2, subject to minor changes if necessary, receipt of all documents required for recording, and not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH ROBERT LEICHTENBERG, RE: TIMBER WOLF TRAIL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Robert Leichtenberg, for construction of a road in existing County right-of-way of Timber Wolf Trail to the standards of Ordinance 97-02. Motion carried and ordered unanimously.

AUTHORIZATION TO REQUEST CLARIFICATION FROM ATTORNEY GENERAL, RE: LICENSE TO REPAIR MOBILE, MODULAR, AND MANUFACTURED HOMES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Attorney to request an opinion from the Attorney General regarding the type of license required for repairs on mobile, modular, and manufactured homes. Motion carried and ordered unanimously.

AUTHORIZATION TO PARTICIPATE AND ASSIST, RE: THE FAIR AT COCOA EXPO, INDIAN RIVER SEAFOOD FESTIVAL, PORT CANAVERAL SEAFEST, BREVARD COUNTY FAIR, AND GRANT SEAFOOD FESTIVAL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Manager or his designee to allow the County to participate in and assist with non-profit community based events such as The Fair at Cocoa Expo, Indian River Seafood Festival, Port Canaveral Seafest, Brevard County Fair, and Grant Seafood Festival; and establish a threshold of no more than $2,500 per event. Motion carried and ordered unanimously.

QUITCLAIM DEED TO GARY S. JONES, RE: PROPERTY IN SECTION 5, TOWNSHIP 21S., RANGE 35E.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Quitclaim Deed in favor of Gary S. Jones, for property owned by Jones but inadvertently quitclaimed to the County, located in Section 5, Township 21S., Range 35E. Motion carried and ordered unanimously.

AMENDMENT NO. 1 WITH FLORIDA OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT, AND BUDGET AMENDMENTS, RE: IMPROVEMENTS AT CAPE CANAVERAL AIR FORCE STATION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment No. 1 to Transportation Trust Fund Grant Agreement with Florida Office of Tourism, Trade, and Economic Development on behalf of The Boeing Company, extending construction commencement date to no later than December 6, 1999 for improvements at Cape Canaveral Air Force Station; and authorize necessary budget amendments establishing revenue and expenditure budgets for the project. Motion carried and ordered unanimously.

TASK ORDER NO. 98-002-01 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC. AND COST SHARE AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: HICKORY DITCH STORMWATER MASTER PLAN

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Task Order No. 98-002-01 with Post, Buckley, Schuh & Jernigan, Inc. for engineering services, and Cost Share Agreement No. 99W354 (31025-99-001) with St. Johns River Water Management District regarding Hickory Ditch Stormwater Master Plan. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 WITH BRPH CONSTRUCTION SERVICES, INC., RE: EMERGENCY OPERATONS CENTER AND 911 DISPATCH CENTER

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 3 to Agreement with BRPH Construction Services, Inc., decreasing contract price by $76,903.01 for owner-direct purchases for construction of renovations to the Emergency Operations Center and 911 Dispatch Center. Motion carried and ordered unanimously. (See page for Change Order No. 3.)

PERMISSION TO ADVERTISE REQUESTS FOR PROPOSALS, AND APPOINT SELECTION AND NEGOTIATING COMMITTEES, RE: EXPANSION OF GOVERNMENT CENTER BUILDING A

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise a request for proposals for architectural/engineering services, and for construction services for expansion of Building A at the Government Center; and appoint Selection and Negotiating Committees consisting of Richard Rabon, Richard Martens, Hugh Muller, and Samuel Stanton or their designees. Motion carried and ordered unanimously.

AMENDMENTS TO INTERLOCAL AGREEMENTS WITH MUNICIPALITIES, RE: EXTENDING SIX-CENT LOCAL OPTION GAS TAX TO YEAR 2021

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendments to Interlocal Agreements with Cities of Cape Canaveral, Cocoa, Melbourne, Palm Bay, Rockledge, Satellite Beach, Titusville, and West Melbourne, and Town of Malabar, extending the six-cent local option gas tax to the year 2021. Motion carried and ordered unanimously.

APPROVAL OF OPEN PURCHASE ORDER WITH BREVARD CULTURAL ALLIANCE, RE: TDC CULTURAL AND SPECIAL EVENTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve open Purchase Order with Brevard Cultural Alliance in the amount of $101,898, to oversee the Tourist Development Council's cultural and special events. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH CITIES OF MELBOURNE AND PALM BAY, RE: HOME PROGRAM FUNDS FOR ROBIN'S NEST RECOVERY HOME

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendments to Agreements with Cities of Melbourne and Palm Bay for joint funding of rehabilitation and expansion of Robin's Nest Recovery Home through the HOME Program. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH ALCO-REST, INC., RE: HOME PROGRAM SET-ASIDE FUNDING

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment to Agreement with Alco-Rest, Inc. to use HOME Investment Partnership Program Community Housing Development Organization set-aside funding to assist the final four first-time home buyers in the City of Cocoa. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-REST, INC., RE: CDBG FUNDING TO ENHANCE AND EXPAND SERVICES FOR ALCOHOL/SUBSTANCE ABUSE TREATMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Alco-Rest, Inc. for $50,000 of CDBG funding to provide alcohol/substance abuse recovery program for low and moderate income persons from October 1, 1999 through September 30, 2000. Motion carried and ordered unanimously.

AGREEMENT WITH CHILD CARE ASSOCIATION, INC., RE: SUBSIDIZED CHILD CARE SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Child Care Association of Brevard County, Inc. to provide subsidized child care services from October 1, 1999 through September 30, 2000, in the amount of $58,000. Motion carried and ordered unanimously.

AGREEMENT WITH THE NATIONAL TECHNICAL ASSOCIATION, INC., RE: TECHNICAL AND EDUCATIONAL ACTIVITIES AT COCOA WEST COMMUNITY CENTER

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with The National Technical Association, Inc. to provide technical and educational activities at Cocoa West Community Center from October 1, 1999 through September 30, 2000, in the amount of $60,715. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: TANGIBLE PERSONAL PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve removal of a Sharp 4-head VCR #214-0268, Gateway Computer P5-120 #019-5497, Stihl chain saw #H-502-0594, HP Inkjet printer, and Brothers fax machine which were stolen from North Area Parks Operations. Motion carried and ordered unanimously.

AUTHORIZE SUBMITTAL OF PROPOSALS AND EXECUTION OF GRANT DOCUMENTS, RE: COASTAL PARTNERSHIPS INITIATIVE GRANTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize staff to submit four proposals for matching funds to Florida Coastal Management Program under their Coastal Partnerships Initiative Grant Program, and authorize Parks and Recreation Director to execute the grant documents. Motion carried and ordered unanimously.

FIRST AMENDMENT TO AGREEMENT WITH FLORIDA DIVISION OF STATE LANDS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: ADDING MULLET CREEK ISLANDS IN BLUEWAYS CARL PROJECT, AND ANGELA KLUG TO CONFIDENTIAL INFORMATION ACCESS LIST

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute First Amendment to Multi-party Acquisition Agreement with Florida Division of State Lands and Department of Environmental Protection, adding Mullet Creek Islands in Blueways CARL Project, and adding Angela Klug to the confidential information access list. Motion carried and ordered unanimously.

SECOND AMENDMENT TO AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: PINE ISLAND CONSERVATION AREA

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Second Amendment to Agreement with St. Johns River Water Management District to accept donated land as part of the Pine Island Conservation Area maintenance responsibility. Motion carried and ordered unanimously.

APPROVAL OF COORDINATION AND HOSTING BY BREVARD COUNTY FIRE RESCUE, THIRTIETH ANNUAL 2002 FIREFIGHTERS GAMES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize Brevard County Fire Rescue to coordinate and host the Thirtieth Annual 2002 Firefighters Games, which may involve the use of County facilities, vehicles and Fire/Rescue staff. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING APPLICATION FOR ANNUAL HRS TRUST GRANT FOR EMERGENCY MEDICAL SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution authorizing application for annual HRS Trust Grant award for Emergency Medical Services at approximately $136,737.61. Motion carried and ordered unanimously.

AGREEMENTS WITH SCOTTSMOOR AND MIMS VOLUNTEER FIRE DEPARTMENTS, FIRE PROTECTION SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreements with Scottsmoor and Mims Volunteer Fire Departments to provide fire protection services for $1,100 per month for Scottsmoor and $800 per month for Mims. Motion carried and ordered unanimously.

APPROVAL OF SELECTION, RE: INDIAN RIVER COMMUNITY COLLEGE AS FIRE FIGHTING INSTITUTE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the selection of Indian River Community College as the fire fighting institute for minimum standard fire fighting classes at $695 per student. Motion carried and ordered unanimously.

FOURTH RENEWAL TO AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: CONTROLLING ABANDONED ARTESIAN WELLS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Fourth Renewal to Agreement with St. Johns River Water Management District for shared funding of a licensed water-well contractor to control abandoned artesian wells in Brevard County at approximately $15,000 as the County's share. Motion carried and ordered unanimously.

APPROVAL OF COMPENSATORY TIME, AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDMENT TO PERSONNEL POLICY II, PAY PLAN, FOR COMPENSATION OF EMPLOYEES REQUIRED TO WORK IN EMERGENCY EVENTS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Manager to issue additional compensatory time of one hour for each hour worked by emergency essential employees during their regularly scheduled hours during Hurricane Floyd; and authorize advertising an amendment to Personnel Policy II, Pay Plan, to authorize paying double and half time for hours worked during declared emergency events in the future. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-9-18, RE: VENDING MACHINES FOR PARKS AND RECREATION FACILITIES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to award Proposal #P-1-9-18, Vending Machines for Parks and Recreation Facilities, to Tomasso's Food Service at 18% commission of gross sales to supply vending machine services to Parks and Recreation facilities countywide; and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

GRANT-IN-AID AGREEMENT WITH OFFICE OF STATE COURTS ADMINISTRATOR, RE: CIVIL TRAFFIC HEARING OFFICER PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Grant-in-Aid Agreement with Office of State Courts Administrator, for up to $28,219.52 for the Civil Traffic Hearing Officer Program. Motion carried and ordered unanimously.

APPROVAL, RE: BAD DEBT WRITE-OFFS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve write-off of various uncollectible receivables from Animal Services and Enforcement, Housing and Human Services, Wickham Park, Recreation and Parks South Service Sector, Manatee Hammock Park, Spessard Holland Golf Course, Habitat Golf Course, Library Services, Recreation and Parks North Service Sector, Water Resources, and Solid Waste Management, totaling $2,146.13. Motion carried and ordered unanimously.

APPROVAL, RE: AMBULANCE BAD DEBT WRITE-OFFS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve write-off of uncollectible ambulance accounts receivable of $843,553.71 to be referred to a collection agency, $231,150.13 Medicare/Medicaid/Champus Contractual Write-offs, and $31,709.84 of other write-offs. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

AUTHORIZATION TO SUBMIT APPLICATION AND ACCEPT GRANT FROM DEPARTMENT OF COMMUNITY AFFAIRS, RE: BOM SQUAD EQUIPMENT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the Sheriff's Office to submit application and accept grant funding from Florida Department of Community Affairs Byrne Grant Local Assistance Program to fund bomb squad equipment designed to deal with weapons of mass destruction in the amount of $33,075.00. Motion carried and ordered unanimously.

The meeting recessed at 10:08 a.m., and reconvened at 10:25 a.m.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLAT OF SCOTTSMOOR AND SCOTTSMOOR LITTLE FARMS - HONEYCUTT & ASSOCIATES

Chairman Scarborough called for the public hearing to consider a resolution vacating rights-of-way in Plat of Scottsmoor and Scottsmoor Little Farms, as petitioned by Honeycutt & Associates, Inc.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating rights-of-way in Plat of Scottsmoor and

Scottsmoor Little Farms, as petitioned by Honeycutt & Associates, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING FARNSWORTH AVENUE ROAD PAVING MSBU

Chairman Scarborough called for the public hearing to consider an ordinance creating Farnsworth Avenue Road Paving Municipal Service Benefit Unit (MSBU).

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance creating the Farnsworth Avenue Road Paving Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, entitled "Special Assessments and Bonds," to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY ASSESSMENT ROLL FOR VALLY ROAD PAVING II MSBU

Chairman Scarborough called for the public hearing to consider a resolution confirming preliminary assessment roll for Vally Road Paving II MSBU.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution confirming the preliminary assessment roll for the Vally Road Paving II Municipal Service Benefit Unit; directing the Clerk to record the assessments in the Official Record Book; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CONSENTING TO TRANSFER CONTROL OF FALCON CABLE MEDIA TO CHARTER COMMUNICATIONS, INC.

Chairman Scarborough called for the public hearing to consider a resolution consenting to transfer control of Falcon Cable Media to Charter Communications, Inc.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution consenting to transfer control of the ultimate parent company of Falcon Cable Media to Charter Communications. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTIONS 62-4361 THROUGH 62-4367 RELATING TO LAND CLEARING AND TREE PROTECTION

Chairman Scarborough called for the public hearing to consider an ordinance amending Sections 62-4361 through 62-4367 relating to land clearing and tree protection.

Ann Wells advised of what realtors go through to market property, and requested the Board vote no on the ordinance. Priscilla Griffith, Co-President of the League of Women Voters of the Space Coast, advised the League wants to maintain a sustainable high quality of life in Brevard County; the land clearing and tree protection ordinance made visible improvements in the County; and the League supports the comments of Kim Zarillo. Margaret Hames urged the Board not to change the existing Ordinance too much because it has been acceptable and no one is having trouble with it. She advised of problems with the proposed changes reducing medians for widening of roads, loss of canopy coverage, and no reference to invasive exotic species recognized by the State that should be removed for the benefit of wildlife. Kim Zarillo recommended the undesirable species reference the Florida list; no after-the-fact permits be issued for land clearing; paying be an option not mandate; administrative appeal not be inserted; and provided a written copy of her recommended changes to the Board. Scott Ellis stated the ordinance invades people's lifestyles; a buffer next to a block wall makes it difficult to maintain; and expressed concern with increased regulations. Mike Moehle stated property owners with vacant land will be encouraged to keep the nuisance plants and get rid of desirable species. Harry Fuller advised of clearing regulations in California to avoid fire hazards, and the rights of people to protect their property; and stated the Board is not helping but creating a problem by requiring preservation of trees. Roland Verduyn stated the Sierra Club wants to keep the ordinance strong, and information should be made available to people on how to process land clearing and landscaping activities. B. B. Nelson stated both ordinances adversely affect property rights and values; a letter from the Property Appraiser states Florida Statutes require the County to notify the Property Appraiser any time it passes a moratorium or affects real estate so he can provide just value; and if the County is not doing that, it is violating Florida Statutes, so the Board, Clerk, County Manager, and County Attorney should be arrested. County Attorney Scott Knox advised the County is required to send ordinances to the Property Appraiser but there is no time limit; and all the ordinances passed this year will be sent to him tomorrow. Mr. Nelson stated they should not pay taxes on property they cannot use; Road and Bridge gets no money from the General Fund; and his land needs roads but the money was applied elsewhere and the Road and Bridge budget was reduced to zero. Planning and Zoning Director Mel Scott advised copies of zoning resolutions are sent to the Property Appraiser, and his office will research ordinances that have not been sent and get them to Mr. Ford immediately. Carl Signorelli opposed removal of undesirable trees from his property which create aesthetic value and act as a screen from his neighbors; stated no one has the right to take down trees he wants as it would devalue his land; the County has miles of Australian pines; and if people have to take them down, the County should also. He mentioned protected trees, permit requirement, canopy and fire hazards. Graydon Corn stated the land clearing and tree protection ordinance is bad and unconstitutional; and if government does not agree with a property owner, then it should buy the property. Maureen Rupe stated both are good ordinances, and recommended fines for developers who clear the land without a permit. Dave Wise stated he is here to answer questions. Joe Stadnik stated the ordinance looks decent but infringes on the rights of citizens; and gave a scenario of what could happen to avoid obtaining permits for land clearing. He stated government should not tell everybody how to live and what to do. Dick Gregory stated it is difficult to comply with the ordinance because of all the permit requirements; and gave a scenario of what could happen in the event of fires and removing trees to plant on another parcel. Al Notary talked about Australian pines, mangroves that froze, and objection to obtaining a building permit in order to clear his land.

Assistant County Manager Peggy Busacca advised of the history of the Ordinance to the current date, and read each change. The Board reviewed each page, item-by-item, asked questions of staff, and received responses on protected trees, undesirable species, acre or less not covered by ordinance, fines, replacement of trees, Florida native plants, exotic plants, permits, clearing and grading, enforcement, performance standards, revegetation, and appeal process.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAT OF JUNE PARK - CATHY B. RHODEN

Chairman Scarborough called for the public hearing to consider a resolution vacating right-of-way in Plat of June Park, as petitioned by Cathy B. Rhoden.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing until October 26, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to include under definition on page 3, the list of undesirable species on the Florida Exotic Pest Plant Council's List of Florida's Most Invasive Species. Motion carried and ordered; Commissioner Scarborough voted nay.

Chairman Scarborough stated people are buying undesirable plant materials, so there is some inconsistency. Commissioner Higgs stated it does not require anything, it just lists the species. Chairman Scarborough stated staff incorporated all the Board's thoughts from the workshop; and if the Board wants to include recommendations of the LPA, it will take separate actions. Commissioner Higgs inquired about the penalty of $500 per quarter acre and what the law requires; with Mr. Knox responding he will research the law. Commissioner Higgs stated the LPA recommended 50% on the seeding and mulching; the Board had 80%; and she is willing to be at a lesser level, but not at the LPA level.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve 60% on the seeding and mulching requirement. Motion carried and ordered unanimously.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article XIII, Division 3, Code of Ordinances of Brevard County, Florida, relating to land clearing and tree protection; specifically amending Section 62-4361, Definition, for native vegetation and undesirable species; amending Section 62-4362, Violations, Penalty; amending Section 62-4363, Exemptions; amending Section 62-4365, Land Clearing Requirements; Amending Section 62-4366, Protection of Trees and Vegetative Buffers; amending various provisions to correct titles of County agencies and to ensure internal consistency; creating Section 62-4368 providing for an appeal; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for an effective date, as amended. Motion carried and ordered; Commissioner Voltz voted nay.

The meeting recessed at 12:02 p.m., and reconvened at 1:05 p.m.

REPORT, RE: CLEARING AT LANDFILL

County Manager Tom Jenkins advised the work that was done at the landfill was done in compliance with Florida Statutes. Commissioner O'Brien stated Mr. Gregory still has a problem with it. Chairman Scarborough stated it can be heard at the end of the meeting.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTIONS 62-4331 THROUGH 62-4336, LANDSCAPING

Chairman Scarborough called for the public hearing to consider an ordinance amending the landscaping regulations.

Harry Fuller, Dick Thompson, Graydon Corn, Carl Signorelli, Bart Reiter, Mary Tees, B. B. Nelson, Mike Moehle, Kim Zarillo, and Margaret Hames addressed the Board regarding the landscaping ordinance changes, and commented on aesthetics, no medical aspects addressed relating to allergies, Tree City Standards, objections to the point system, making the ordinance simple and effective, taking away of people's liberties, creating safety hazards, personal experiences with trees falling on power lines and rights-of-way, no room for commercial structures, parking areas, retention areas, making it "plantable" area as opposed to overall calculation, conflicts with buffer zones, reducing property assessments because of loss of 15 feet for landscaping, quality of life, benefit of trees, no need for enactment of the ordinance, acceptable trees other than native species, including Florida Exotic Pest Plant Council's list of invasive species, Adopt-a-Median Program, trees reducing energy consumption, and native plants reducing water consumption and not requiring fertilizer, pesticides and insecticides.

Chairman Scarborough inquired when was the Ordinance originally adopted; with Debbie Coles responding 1989. Assistant County Manager Peggy Busacca explained the item page-by-page.

The Board discussed the changes including after-the-fact permit, environmental trust fund, undesirable species, buffering, interactive commercial use, appeal process, filing fees, LPA recommendations, Code Enforcement Board recommendations, point system, palm trees, flexibility, site conditions, approaching landscaping with common sense, diseases, canopies, management practices, betterment plan, and fines for violations of the ordinance.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to include the list of undesirable species on the Florida Exotic Pest Plant Council's List of Florida's Most Invasive Species. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to return with a plan that gives points for proper soil installation for the trees that may be planted and how to use it to reduce the overall number of trees presently required per acre, and to look at other avenues. Motion carried and ordered; Commissioners Higgs and Carlson voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article XIII, Division 2, Code of Ordinances of Brevard County, Florida, relating to landscaping; specifically amending Section 62-4331, Definitions; amending Section 62-4332, Violations and Penalty; amending Section 62-4333, Exemptions; amending Section 62-4334, General Landscaping Requirements; amending Section 62-4335, Vegetative Buffering Requirements; creating Section 62-4337 providing for an appeal; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for an effective date, as amended. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.

The meeting recessed at 3:01 p.m., and reconvened at 3:12 p.m.

CONSIDERATION OF TRANSPORTATION PROJECTS, RE: BOND PROCEEDS AND CASH RESERVES OF GAS TAX FUNDS

Terry Seawell urged the Board to consider Dixon Boulevard and place it high on the priority list, as it is necessary for the growth and economic development of the City of Cocoa. He noted the City is spending money on U.S. 1. Commissioner O'Brien stated the City said if the Board cooperates with it, it will take over the street. Public Works Director Henry Minneboo advised the City agreed to maintain it if the County four-laned it. Cocoa Finance Director Rick Holt stated the Council agreed to that. Friley Knight spoke in favor of four-laning Dixon Boulevard; stated it is a major artery for people coming from Merritt Island; and advised that Byrd Plaza was sold, and the new buyers are anxious to improve it. He stated Department of Transportation plans to six-lane U.S. 1 through Cocoa; and improving Dixon Boulevard will make Cocoa a better place to live.

Maureen Rupe, representing Canaveral Groves Homeowners Association, read a letter regarding the overpass on U.S. 1 to provide safe passage for children; and requesting funding of the project be approved. Ms. Rupe, representing Port St. John Homeowners Association, requested funding for the Fairglen Pedestrian Bridge, completion of Port St. John west connector road instead of four-laning Fay Boulevard, and completion of the west connector loop to ease traffic off Fay Boulevard and Grissom Parkway. She stated the County will lose funding if it does not vote on certain FDOT projects today.

Chairman Scarborough stated the west connector road from the south is done; there is Range Road overpass to the north; the $4 million for four-laning Fay Boulevard is $700,000 less, but the loop to the north is not shown.

Mary Tees stated the bridge overpass is a viable project; the west connector road should be considered as a limited access road; Falcon and Curtis should have turn lanes; and Camp and Grissom intersection is poorly designed. She stated $161,000 is needed, but they only have $99,000 for the west connector; and requested the Board consider funding that project.

Lee Bohlmann, representing Melbourne/Palm Bay Area Chamber of Commerce, advised the South Beaches is growing rapidly; roads need to be safe for families, visitors, and all people who traverse the County; and requested the Board reconsider its decision on the gas tax and take it off the ballot. She stated any ballot measure during a non-general election has never passed throughout the country; and the projects recommended for bonding will tie the hands of future commissioners.

Bob Wille, representing the South Beaches Coalition, supported the non-discretionary projects and FDOT projects; stated it is essential to move ahead with time critical projects; and he was directed to come before the Board in support of Riverside Drive which is reaching design capacity and picking up overflow traffic from U.S. 1. He stated the vision statement is to provide an adequate transportation system and improve the quality of life in Brevard County; the Board's actions will do that; and recommended staff be directed to look into equitable distribution of State funding and request the Legislative Delegation to ensure Brevard County is treated fairly. Commissioner O'Brien stated Malcolm Kirschenbaum is the Chairman of the Florida Transportation Committee.

Chairman Scarborough recommended the Board begin with the nondiscretionary projects.

Commissioner Carlson advised the Fire Departments cannot use Mathers Bridge; and inquired if they have to go all the way around to get to a home in the area of the bridge; with County Manager Tom Jenkins responding the County would have to come from the north and cities from the south; and the bridge can take 10 tons, but fire trucks are 15 to 20 tons.

Commissioner O'Brien inquired if the County's share for realignment of Ellis Road and Nasa Boulevard is $850,000; with Mr. Minneboo responding yes. Commissioner O'Brien inquired about the PD&E costs; with Mr. Minneboo responding $76,875. Commissioner O'Brien inquired if the County's share is 10%; with Mr. Minneboo responding it is 12.5%.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the non-discretionary projects as Fairglen Pedestrian Bridge, Max Brewer Memorial Causeway Bridge, Girard Boulevard Bridge, South Tropical Trail Bridge, Valkaria Road Bridge over Goat Creek, and Mathers Bridge at $9,375,000. Motion carried and ordered unanimously.

Commissioner Voltz recommended moving John Rodes Boulevard, from U.S. 192 to Eau Gallie Boulevard, to the FDOT Matching Fund Projects column as there is no way to fund the $18,250,000. She noted she would prefer to get FDOT funds even if it takes longer to get it.

Chairman Scarborough advised if the Board does not take action today, it could lose FDOT funds.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the projects under the second column for FDOT matching fund projects at $6,911,000, including Palm Bay Road from I-95 to Babcock Street, Palm Bay Road from Babcock Street to R. J. Conlan, Palm Bay Beltway Phase 1 Malabar Road to U.S. 192, Ellis/Wickham/Nasa Realignment, and Palm Bay Road I-95 to Minton Road. Motion carried and ordered unanimously.

Commissioner O'Brien inquired if the Board wants to move Dixon Boulevard to the FDOT projects; with Mr. Minneboo responding no, because it would have to compete with other projects and they want to move faster on that project.

Chairman Scarborough inquired about John Rodes Boulevard; with Transportation Management Director Bob Kamm responding federal design standards make it very difficult to process a project, and it is not a good candidate. Commissioner Voltz suggested Wickham Road from U.S. 192 to Nasa Boulevard be dropped. Commissioner Higgs recommended Wickham/Nasa Boulevard to Aurora be put down at $12 million under the 12% column. Chairman Scarborough recommended Mr. Kamm provide a memo to the Board with costs to help with its decisions. Mr. Kamm stated there are limits on federal funding, and it will take longer to complete, so the cost will be higher.

Commissioner Higgs stated the Board has not discussed County projects; and inquired if it could discuss Range Road and the total loop at Port St. John, as well as other projects.

Commissioner O'Brien suggested staff bring back a list of which projects should be put on the federal list and which projects should remain local; and the Board can develop its priorities on Thursday; with Mr. Minneboo responding they may not be ready by Thursday. Commissioner O'Brien recommended Commissioners Higgs and Voltz meet after the MPO meeting in November to work out the details. Chairman Scarborough stated he does not have a problem doing it on Thursday; it would be less than an hour; and it may help Mr. Minneboo put his list together on federal funds. Mr. Minneboo stated they will try to be ready. Mr. Minneboo noted federal condemnations are very cumbersome and technical.

Commissioner Higgs advised the Minton Road project is critical in nature and should be a priority to get done, perhaps under federal funds; with Commissioner Voltz responding she does not know if they can wait that long. Commissioner Higgs stated it is $16.8 million; and if it is moved into the federal category, there is the ability to get MPO support because the Road goes through Melbourne, West Melbourne, and Palm Bay. She stated Babcock Street, from Malabar Road to Valkaria Road, and the north part of Babcock could also get support of the MPO for federal funding, as it is important to Melbourne. Commissioner Voltz inquired if there is a possibility of Melbourne being a partner with the County; and advised there was a cooperative effort with Melbourne, West Melbourne and the County on the Dairy Road project. Mr. Minneboo stated it is difficult to get them to do that; the County spent about $25,000,000 on Malabar Road, and he has not received a check yet. Chairman Scarborough recommended the projects be revisited after the workshop on Thursday.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute the Joint Participation Agreement with Florida Department of Transportation for funding of road projects. Motion carried and ordered unanimously. (See page for Agreement.)

PERSONAL APPEARANCE - BEN SAXON, P.A., REPRESENTING KENDALL TOWING AND RECOVERY, RE: ORDINANCE NO. 99-29 AND RESOLUTION NO. 99-103, MAXIMUM FEES FOR WRECKER AND TOWING SERVICES

Attorney Ben Saxon, representing Kendall Towing and Recovery, also Herb Daniel Towing and Auto Inc. from Titusville, C&C Automotive Inc. from Cocoa Beach, Auto Tow Images of Brevard Inc. from Indian Harbour Beach, Larson & Larson Automotive Inc. from Palm Bay, Lee's Wrecker and Storage of Brevard County Inc. from Palm Bay, Eau Gallie Towing from Eau Gallie, and Chuck Towing from Palm Bay, advised they are here to seek relief from Ordinance No. 99-29 and Resolution No. 99-103 regarding maximum fees for wrecker and towing services and storage costs. He stated the Ordinance has a basic rate for Class A wrecker capable of towing less than 10,000 pounds, which is a typical automobile, of $85.00; Orange and Seminole Counties' Ordinances allow $100 for the base rate; so Brevard County's Ordinance is out of line with neighboring counties. He stated the rates have been in effect since 1992 without increases; the mileage rate passed by Brevard County is $2.50 per mile and Orange and Seminole's rates are $3.00 per mile.

Commissioner O'Brien inquired what is a Class B wrecker; with Mr. Saxon responding a Class A wrecker is capable of carrying up to 10,000 lbs.; a Class B wrecker is capable of carrying 10,001 to 19,500 lbs.; and the Class C wrecker is capable of carrying anything over 19,500 lbs. Mr. Saxon advised the Class B wrecker rate in Brevard County is $95.00; in Seminole and Orange Counties it is $200; and the mileage rate for Class B wrecker is $3.00 in Brevard County and $4.00 in Orange and Seminole Counties. He advised the Class C wrecker rate is $165 in Brevard County and $300 in Orange and Seminole Counties; and the mileage rate is $4.00 in Brevard County and $5.00 in Orange and Seminole Counties. He stated storage of a typical vehicle is $20, larger vehicle is $30, and over 60 feet is $60 in other counties; but in Brevard County it is $15 for a basic car and $1.00 a foot over 20 feet with a maximum of $40. Mr. Saxon advised from 1992, when the rates were established and not changed, the cost comparison on equipment increased 38%; a Class C tow truck could be purchased for $154,902.84, and now it costs $251,699.77; the Class B tow truck was $83,000 in 1995, and today it is $117,000, a 29% increase; and the Class A tow truck increased 28%, from $46,000 in 1993 to $64,000 in 2000. Mr. Saxon advised of the drastic increase in insurance costs, from $22,606 in 1993 to $487,000 in 1999, and the increase in fuel costs of 18% since 1992. He stated communication costs increased 75%, and postage to send notices when they pick up a vehicle increased by 82%. He noted wrecker maintenance increased 72%; the Consumer Price Index increased since 1992, but the rates have not changed; the Board passed the Ordinance according to the State, and no one had the statistics then; and they did not have the opportunity to come forward to show the Board what other counties were doing. He requested relief and increase in the rates to meet the costs of doing business and to bring Brevard County in line with sister counties.

Commissioner Carlson advised the information provided is only copies of odd pages, and it would be nice to have the whole item to look at. Mr. Saxon stated he was not aware of that, and would provide copies of the Ordinances from Seminole and Orange Counties and the information he just presented.

Chairman Scarborough advised if the Board is comfortable with the information provided, it can proceed to advertise a public hearing to consider an amendment to the Ordinance or have staff look into it further. Commissioner Voltz recommended staff reassess all the rates and prepare an ordinance with rates from other counties. Commissioner Higgs stated the Ordinance was recently adopted. Commissioner Carlson inquired when; and Code Compliance Director Bill Osborne advised the Florida Statutes were amended to allow counties to establish towing rates; the rates were fashioned after those of Florida Highway Patrol (FHP); the public hearing was advertised in the TODAY Newspaper; and notices were posted in public libraries. Assistant County Manager Peggy Busacca advised the Ordinance was adopted in April, 1999. Mr. Saxon stated the Ordinance allows the Board to revisit the rates any time it chooses; they did not receive notice, and none of the companies he mentioned came before the Board; but after they received a copy of the Ordinance they did comparisons with Orange and Seminole Counties and realized the inequities; and that is why they are here today.

Commissioner Voltz inquired if staff had information from other counties or only FHP; with Bobby Bowen responding they did not have a rate schedule to go by; in conversations with municipalities, FHP, and the Sheriff's Department, as well as a few wrecker owners, no one mentioned the rates had not been changed since 1992; and they were working under the assumption those were the current rates.

Chairman Scarborough stated it would be prudent to find out about other counties in the State, give the Board a report, and schedule it for review at a meeting; then the Board can determine if it wants to proceed with an Ordinance change.

Commissioner O'Brien stated instead of saying $300 is appropriate for Class C tow truck service just because Seminole County charges $300, the Board should take a different perspective and look at cost of living increases over seven years, increase in insurance premiums, etc., and not hinder someone's livelihood. Mr. Saxon stated for the Board's information, if a Class C truck is sent to tow a Class A car, the rate is charged as a Class A.

REQUEST TO CONTINUE PUBLIC HEARING, RE: ORDINANCE GRANTING TAX ABATEMENT TO SEA RAY BOATS, INC.

Chairman Scarborough called for the public hearing to consider an ordinance granting tax abatement to Sea Ray Boats, Inc.; and noted there is a request to continue the public hearing.

Motion by Commissioner O'Brien, to continue the public hearing on an ordinance granting tax abatement to Sea Ray Boats, Inc. until November 9, 1999.

Commissioner Carlson advised the Board needs to consider a policy that does not provide incentives to polluting industries, and not mislead a company to thinking it can spend a lot of money on a survey and expect to get a tax abatement. She stated the Board needs to discuss a policy that makes polluting industries ineligible for tax abatements in general.

Clarence Rowe stated he is opposed to tax abatement for Title V companies because it is not in the best interest to encourage those companies to come into Brevard County. He stated clean industry and decent paying jobs are needed so people can become self-sufficient; and it does not make sense to have jobs where people are barely existing. He advised he gave the Board information dealing with Title V companies in Brevard County; the Orlando Sentinel printed an article that the ozone is in critical condition; and EPA issued a health warning for those people who suffer with asthma and respiratory diseases. Commissioner O'Brien stated at the same time, the State is requesting air monitoring be discontinued along the East Coast of Florida, and the ozone hole over the south pole is the smallest it has ever been in the past 25 years. He stated he does not mean to correct Mr. Rowe, but he does not like to be misled. Mr. Rowe stated he is only quoting from information he has; and EPA sent him copies of its documents which were also given to the Board. He stated EPA said it issues permits based on construction; with construction goes safety and health issues; if a company meets the criteria for construction and an accident happens, it could be detrimental and have a dangerous impact on health and safety; and those are his concerns. He stated he is against paying people to injure the health of Brevard County citizens, and would rather see the money go for transportation, encouraging better paying jobs, and whatever can be done to better the community.

Chairman Scarborough stated most people agree tax abatements should be used to encourage companies which will improve the community, provide quality jobs, and increase the quality of life in Brevard County; but it does not make sense to have good jobs that pollute the environment.

Commissioner Carlson advised any business that requires a special permit from Department of Environmental Protection defines that business as a major polluter; the taxpayers are not looking for that type of business and are looking for sound economic judgment and accountability for where their money will be targeted; and Brevard County can target clean industries and attract good paying jobs without sacrificing quality of life. She mentioned the Millikin Report from Mr. Jenkins and the Austin Study from Ms. Busacca; stated she would like to get a copy of the 1985 study done for Austin to see what their first steps were to initiate an economic study for the area; and advised the Board should address an incentive program in terms of directing dollars towards clean industry and not just the space industry. She suggested it come back as an agenda item to be discussed further.

Commissioner O'Brien stated the tax abatement program is not to encourage polluting corporations to come to Brevard County; however, the Board needs to allow the applicant to describe if what they have is scary. He stated the Board does not want chemicals that kill people; but on Merritt Island, Kennedy Space Center, Cape Canaveral Air Force Station and the Port there are numerous chemicals and fuels in storage, used, and shipped, some of which could be deadly. He stated because someone has a Title V permit does not mean he will put something dangerous into the air; and the Board needs to look at the situation and not jump to conclusions on this applicant, and give him a chance to tell the Board if his pollution problem is true or not. He stated Sea Ray will increase jobs in Brevard County by 400; they are not minimum wage jobs; he has not heard any employee complain about the pay; and when Brunswick bought them, those who had stocks for years and worked on the lines, cashed in their stocks and walked away extremely wealthy. He stated the issue is about air pollution, what kind of pollution, and to what extent; and his motion to continue the public hearing still stands. Chairman Scarborough stated he will allow further discussion before accepting the motion.

Commissioner Voltz advised the Board is confusing the EDC which has no idea what the Board is directing it to do; they are paid a lot of money and need to know what industries to go after and what not to go after; the Board is preventing EDC from moving forward because it does not want to recommend tax abatement and the Board turn it down; and recommended a dinner meeting or workshop with EDC.

Chairman Scarborough stated he is asked questions at the EDC meetings and cannot respond on what the Board wants, as he is only one Commissioner; the Board needs to meet with EDC to better understand how economic development operates so it can articulate a position and give them more specifics; and mentioned an article in the Orlando Sentinel about increased jobs and decreased wages.

Commissioner Carlson mentioned the Austin Report and commented it was an eye opener for her that Brevard County is approaching it differently than some successful communities. She stated there was an economic assessment done through the Florida Chamber where a member of the National Chamber came to Brevard County and interviewed citizens in 1995 and 1996; and she asked Mr. Lugar to find a copy of it, but she is not sure he has been successful with that. She stated the Board needs to get the Chambers talking to one another and EDC to see exactly where it is going; and it needs to provide better direction to the EDC, and set a policy on what to target. Commissioner Voltz stated the key is to let EDC know what the Board wants. Chairman Scarborough stated there is more information he needs to get; and the Board needs to know what it wants before letting EDC know.

Commissioner Higgs stated she does not endorse polluting industries, but the Board needs to be careful how it defines those; there are some high-tech industries that are dirty; so it needs to know what it is talking about when it says good clean industry. Commissioner Carlson stated the Board needs to also consider proximity to residential neighborhoods. Commissioner Higgs stated she is uneasy talking about directing EDC to certain industries; the Millikin Report talks about different levels of communities and where they are in terms of economic development; and there are different strategies used at those levels. She stated Brevard County is the space capitol of the world; it is not a start-up community in high-tech industries; and the Report indicates government needs to be careful because public policy can be counterproductive. She stated too many incentives, public investments, and commercialization of ideas may not be good; and the Board needs to think carefully about whether or not it wants to direct EDC other than in terms of output measures. She stated she does not want dirty industry, but she wants to measure it in a real way; and she does not want a high-tech company that will dump its hazardous waste either. She stated it is not an easy question to answer; and the lack of direction is symptomatic of the fact that it is not an easy question. Chairman Scarborough stated the Board is finding the right questions to ask which is part of the process; and inquired what Commissioner O'Brien wants to do.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to continue the public hearing on an ordinance granting tax abatement to Sea Ray Boats, Inc. until November 9, 1999. Motion carried and ordered unanimously.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Manager to contact EDC on having a joint meeting for informal discussion.

Commissioner Voltz mentioned a dinner meeting; and the Board discussed the pros and cons of a dinner meeting and a workshop.

Vice Chairman Higgs called for a vote on the motion to have an informal meeting with EDC. Motion carried and ordered unanimously.

Commissioner Scarborough advised there is a problem taking all Title V companies and saying no; and recommended the County Attorney, who has begun to touch base with attorneys on environmental issues, pursue the issue. He stated there is a lot of latitude on who to give tax credit to, but if the Board does not have something that is well reasoned and makes sense, it could hurt economic development efforts. He suggested Mr. Knox do some exploration and get back to the Board with a memo on how it could proceed with some definition that is going to help it. He stated if EDC is going out there and encouraging companies, and they are coming to Brevard County and the Board is turning them down, that is not constructive use of their time or giving good signals; so he will make a motion to give the County Attorney direction.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Attorney to explore definitions of environmentally dangerous industries, investigate how other areas deal with major polluters, see how that has been defined for the purpose of attracting industry, and get back to the Board with a memorandum.

County Attorney Scott Knox inquired if the Board wants some parameters on how it might categorize industries for the purpose of giving direction to EDC; with Commissioner Scarborough responding he assumes other people have tried to define it elsewhere in the country; and perhaps the attorney Mr. Knox talked to, through association with environmental committees and the bar associations, could tap into ordinances and see how it has been defined for the purpose of attracting industry.

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

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

PUBLIC HEARING, RE: ZONING RECOMMENDATION OF JULY 6, 1999 - ITEM 1, VINCENT P. AND MARIA TARANTO

Chairman Scarborough called for the public hearing to consider the recommendation of the Planning and Zoning (P&Z) Board, made at its public hearing on July 6, 1999, as follows:

Item 1. (Z9907306) Vincent P. and Maria Taranto's request for change from TU-1(20) and RU-2-8 to TR-3 on 2? acres located on the west side of A1A, north of Hall Landing Road, which was recommended for approval by the P&Z Board. Commissioner Higgs advised the language in the Agenda package is acceptable with one change; and recommended adding "and is consistent with the character of the surrounding area."

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to add, "and is consistent with the character of the surrounding area," to the second sentence of the amendment to Policy 8.17 (now 8.9). Motion carried and ordered unanimously.

Commissioner Higgs recommended approval of the zoning request with densities capped as outlined, and to be effective upon the amendment being found in compliance by Department of Community Affairs.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Item 1, Vincent and Maria Taranto's request for change from TU-1(20) and RU-2-8 to TR-3 on 2? acres located on the west side of A1A, north of Hall Landing Road, capped at the densities outlined in the proposal, and to be effective upon the Comprehensive Plan amendment being found in compliance by Department of Community Affairs. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: SETTLEMENT OF CLAIMS OF ROGER AND ALICE MARIE CLOUTIER v. BREVARD COUNTY

Chairman Scarborough called for the public hearing to consider settlement of all claims in the lawsuit of Roger and Alice Marie Cloutier v. Brevard County.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to authorize settlement of all claims in the lawsuit of Roger and Alice Marie Cloutier v. Brevard County for a total of $28,000, including attorneys' fees and costs. Motion carried and ordered unanimously.

DISCUSSION, RE: FY 1999-2000 SERVICE ENHANCEMENTS AND ALLOCATION OF GENERAL FUND RESERVES

Commissioner Voltz questioned why the requests for Animal Services and Code Compliance for two additional positions were different in costs; with County Manager Tom Jenkins responding one will use existing vehicles because they will be on different shifts or days, but Code Compliance would work the same shift. He noted approximately half the cost is one-time expenditures for equipment.

Motion by Commissioner O'Brien, to approve two additional positions for Animal Services at $59,290 and Code Compliance at $120,712, but not the $61,627 for Planning and Zoning GIS position.

Commissioner O'Brien stated the County has a GIS with the Property Appraiser's Office and should use that system and coordinate with them rather than duplicate the effort.

Chairman Scarborough asked for a second to the motion to approve the two items; and Commissioner Voltz seconded the motion.

Commissioner Higgs advised the Board discussed needs in the Guardian Ad Litem program; the next Agenda item is a position at a cost of about $80,000; so she would support one position for Animal Services and one for Code Compliance at this time. She stated the Guardian Ad Litem program would be leveraging a huge amount of volunteer resources with a fairly small amount of money; and expressed concerN about not being able to do that. Commissioner O'Brien stated he supports Animal Services and Code Compliance because those are services deliverable to all citizens and increase safety and quality of life. Commissioner Carlson stated she supports the GIS, and requested someone describe how it would be advantageous to fill the position. Commissioner Voltz stated most of the phone calls she receives are about Animal Services and Code Enforcement, so she supports them. Commissioner Higgs stated Guardian Ad Litem and the Legislative person are items that have the potential to give a high return; and she does not want to commit everything now and not have funds for the next item. Commissioner Voltz stated she does not support a coordinator for the Legislative Delegation and would prefer to take that money and fund Guardian Ad Litem. Commissioner O'Brien stated he does not support the Legislative position either, and the Board agreed to wait until December on the Guardian Ad Litem program to see if State funding is available.

Discussion ensued on funding and not funding positions, not having funds for Guardian Ad Litem, Animal Services, Code Compliance, GIS, Legislative Coordinator, two traffic signal technicians, more deputies, more fire fighters, and providing traffic signal services in-house.

Planning and Zoning Director Mel Scott advised the GIS position would enable the Planning and Zoning Office to shift from a customer to the Property Appraiser to having capability in-house to qualify or quantify issues instead of merely looking at layers of information on the current GIS and printing maps. He stated they could take those layers of attributes and have them talk to each other so they can generate information for the Board to answer questions.

Commissioner Voltz inquired how much is paid to the Property Appraiser; with Mr. Jenkins responding the contract with the Property Appraiser comes with a work plan and costs associated with whatever he does that year. He stated the Property Appraiser maintains the core system and operates the data bank, but the users, such as Natural Resources, Water Resources, etc. put their individual data into the system as does Planning and Zoning. He stated what Mr. Scott described is the ability to take the information that exists in the system and create reports about various properties and areas in the County; and that is an additional level of service they currently do not get from the Property Appraiser. Mr. Scott stated they cannot get customized reports from the Property Appraiser; and explained the illustration of quantifying forested wetlands for the stipulated settlement agreement with Department of Community Affairs. Mr. Jenkins advised the Property Appraiser does not have staff available for those kinds of projects, and would ask for an increase to have the resources to do it.

Discussion continued on taking back the GIS, level of service, and meeting with Mr. Ford to find out where the problems are and what changes can be made.

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

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct the County Manager to meet with the Property Appraiser and reassess level of service provided by the GIS; and if an agreement that would be advantageous for the Planning and Zoning Office cannot be reached, to put the item on the agenda to reassess the situation. Motion carried and ordered unanimously.

Chairman Scarborough inquired if Commissioner Higgs wished to make a motion on the funding for the Guardian Ad Litem program; with Commissioner Higgs responding the Board made a motion to wait and see if they get State funds, so there is no need to allocate funds at this time.

Mr. Jenkins advised the motions authorized transfer of $59,290 and $120,712 from the Reserve Account to the Animal Services and Code Compliance Departments' accounts, and leave the balance in the reserve which could be available for Guardian Ad Litem in the future. Commissioner Higgs inquired how much would that leave; with Mr. Jenkins responding approximately $70,00 to $80,000.

DISCUSSION, RE: STAFF COORDINATOR FOR BREVARD COUNTY LEGISLATIVE DELEGATION

Chairman Scarborough advised of numerous calls with Representative Bill Posey and Orange County Chairman Mel Martinez on the issue of a coordinator for the Legislative Delegation; and stated a lobbyist goes after single targets the Board gives him, but a legislative coordinator would be a worthwhile expenditure to cover the broader issues. Commissioner Carlson stated that person should be accountable to the Board as well as the Delegation.

DISCUSSION, RE: STAFF COORDINATOR FOR BREVARD COUNTY LEGISLATIVE DELEGATION (CONTINUED)

Commissioner Higgs inquired if the County Manager looked at existing staff to determine if someone could pick up the responsibility, and if Mr. Lugar could handle some of the issues. She noted there is only $80,000 left in the Reserve fund, and if there is no other way to do it, it would be impossible to leverage money for other things.

Chairman Scarborough described the difficulties Legislators encounter while the Legislature is in session, primarily in the capacity to communicate with each other and their offices, resulting in not understanding which bills they should support as a group; and stated other counties have found it helpful to have a coordinator who brings issues together that concern the counties.

Motion by Commissioner Higgs, to direct the County Manager to look at Economic Development activities to consider including legislative affairs.

Commissioner O'Brien stated he cannot support it because if the Delegation needs more people to help run their offices, they can go to the State and request an increase in their budgets rather than ask the County to increase its budget. Commissioner Voltz advised the Florida Association of Counties will have county commissioners from different areas of the State in Tallahassee every week that the Legislature is in session who would talk to all the Legislators about county issues; and inquired why Commissioners cannot go to Tallahassee on a regular basis. Commissioner O'Brien stated Representative Posey represents Orange and Osceola Counties, and unless they come to the table with their money, he is not willing to fund a position. Chairman Scarborough stated Orange County has a coordinator; the State can allocate more money and every county would have a coordinator, but what Brevard County has to do is be better than other counties. Commissioner Voltz stated Brevard County has 6 delegates, while other counties have 11 to 27 delegates. Chairman Scarborough stated term limits will hit hard; and that person needs to be in there and get involved now with the current delegates who know the way around so that next year that person can help lead a less experienced delegation.

Chairman Scarborough called for a second to the motion. No second was made, so the motion died for lack of a second.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to proceed as recommended by the County Manager, based on the person being accountable to the Delegation Chairman and County Commission Chairman.

County Manager Tom Jenkins advised the Board discussed having that person report to the County Manager instead of the Chairman. Commissioner Higgs inquired if it would be funded from the Reserve fund; with Mr. Jenkins responding yes, but that would not necessarily mean the end of Guardian Ad Litem. Commissioner Carlson stated the employee should be selected by the County Manager and be accountable to the Chairman of the Delegation and the County Manager so the Board will have some accountability.

Vice Chairman Higgs called for a vote on the motion. Motion did not carry; Commissioners Scarborough and Carlson voted aye, and Commissioners O'Brien, Higgs and Voltz voted nay.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct the County Manager to find a way within the existing staff to provide assistance to the Legislative Delegation. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID FOR AERIAL BUCKET TRUCK, FUND TRAFFIC SIGNAL TECHNICIANS, AND PROVIDE EMERGENCY MAINTENANCE TO CITIES, RE: TRAFFIC SIGNAL MAINTENANCE

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the purchase of an aerial bucket truck, and funding for one Traffic Technician II and one Traffic Technician I positions; grant permission to bid the bucket truck and components, and award bid to lowest responsible bidder; and authorize Traffic Engineering to provide emergency maintenance to the cities that are affected by the cancellation of the Contract until contracts can be executed.

Assistant Public Works Director Ed Washburn requested the motion be amended to include permission to bid the contract for extraordinary maintenance services that cannot be done in-house; award the bid to the lowest responsible contractor; and authorize the Chairman to execute the Contract.

Commissioners Higgs and Voltz accepted the amendment to the motion as presented by Mr. Washburn. Chairman Scarborough called for a vote on the motion as amended. Motion carried and ordered unanimously.

CONSIDERATION OF DONATION, RE: LAND IN SPACEPORT COMMERCE PARK

Chairman Scarborough recommended the item be deferred until the meeting with the EDC as it is a complex issue. Commissioner Voltz inquired if deferring it will hold something up; with EDC Executive Director Lynda Weatherman responding they would like to have some kind of consensus to present to the consultant; it is a company that is being competed for and sought after in other areas of the United States; it will provide a thousand jobs; but she does not have the complete information on the project, and has been working through a consultant.

Chairman Scarborough stated staff has been looking at two projects; one has fewer jobs and higher pay and the other has lower pay and more jobs; there are a lot of negative vibrations about the average income going down; and referenced an article in the Orlando Sentinel. He stated he is tentative on how to proceed into a totally new program until that has been answered. Ms. Weatherman advised they were told the minimum wage would be $9.00 an hour; they do not know if it makes up 80% of the 1,000 employees, but is quite sure it is the majority; and they do not know what the 20% salaries will be. Chairman Scarborough stated the Board should set parameters to give away land, and better define the philosophy rather than charge off in different directions on singular projects. Commissioner Voltz stated the Board has been trying to sell that property or do something with it; and it is possibly turning down 1,000 jobs because it does not know what to do. Chairman Scarborough stated the fundamental question is does the Board want to give incentives and end up with lowering the wages in Brevard County. Commissioner Voltz stated there are a lot of people making $5 and $6 an hour who would be more than happy to move up to making $9 and $10 an hour; and to think about turning this project down is wrong.

Chairman Scarborough stated the problem is the incentives can only be given to the industrial sector; and there are other people out there in finance, banking, the tourist industry, etc. who would like to have free land and tax abatement. Commissioner Voltz stated it should be based on the number of jobs; with Chairman Scarborough responding it cannot be based only on jobs because of the tax abatement program. Commissioner Voltz stated it is the County's property and it can base it on whatever it wants to and give it to whoever it wants to. Commissioner Higgs stated the land can be given to anybody, but not tax abatements. Commissioner Voltz stated she does not want to turn down 1,000 jobs. Chairman Scarborough stated if it is done for one, the Board needs to be willing to do it for the next one that comes along, otherwise it will be giving mixed signals. Commissioner Voltz stated it is the County's property, so the Board can choose who it wants to give it to; and if a bank comes in and has five jobs and wants property, the Board can say no because it is the County's property. Chairman Scarborough inquired if Commissioner Voltz would say yes to the aircraft company as well; with Commissioner Voltz responding it sounds good to her, and she is ready to go forward.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize donating 10 to 12 acres of land in Spaceport Commerce Park to a prospective communications company that would create 1,000 jobs as an added incentive to relocate in Brevard County, and donate land in said Park to an aircraft manufacturing company that is considering relocating its amphibious aircraft venture. Motion carried and ordered unanimously.

Commissioner Higgs stated she would not vote against it, but is uneasy about it and would like to consider land donation as part of an abatement program. Chairman Scarborough advised giving away land to bring in jobs may not have an impact, but giving tax abatement will have an impact on the number of sheriff deputies, library hours, roads, etc.; and giving away this land has more positive impact because it is giving away something the public does not need; however, the Board needs to define criteria to meet in order to get free land. Commissioner Voltz stated it should be on an individual basis because criteria set today may not apply two years from now. She stated if the Board gives EDC guidelines and a prospective business falls just short of the guidelines, Ms. Weatherman will not have the authority to offer land.

Discussion ensued on concrete guidelines for free land to target an industry with high wages, meeting with the EDC to discuss it, looking at free land as an incentive, combining it with the package offered to businesses, customizing, business strategy, increased value of land surrounding the donated land, and putting a 180-day time limit on land offers.

Chairman Scarborough recommended something that would return the land to the County if the prospective business fails to meet certain thresholds; with County Attorney Scott Knox responding a reverter clause could be included in the deed. Chairman Scarborough stated that does not work because they may pledge the land to get financing, so the County may need a mortgage or something. He stated that is something Mr. Knox, Mr. Lugar and Ms. Weatherman need to talk about to give the County some protection and ensure the companies fulfill their side of the bargain. Commissioner O'Brien suggested renting the land for $1.00 a year; with Chairman Scarborough responding they may not take it because they may want to put improvements on the property. Commissioner O'Brien suggested rent to own; and advised of the situation with the Chrysler Corporation in Cape Canaveral. Chairman Scarborough stated if the land is deeded to the company, it returns to the tax roll, and even with tax abatement, they will eventually pay taxes on it. Commissioner O'Brien gave a scenario of leasing the land for ten years and if they close before then, the Board would have the improvements which would pay for the tax abatement. Chairman Scarborough stated if the land and building belonged to the company and they leave, the County would still get tax revenue from it because the bank would have to pay the taxes. He stated keeping it off the tax roll may be advantageous, but the purpose can be accomplished and still get it on the tax roll. He requested Ms. Weatherman come back in a couple of days with the answers.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH HOWARD AND BETTY GOULD, AND JEAN GOULD HOPKINS, RE: PROPOSED STORMWATER DETENTION POND

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase and Addendum with Howard M. and Betty T. Gould, and Jean Gould Hopkins for purchase of 4.01? acres at $180,000 for use as a detention pond to treat stormwater prior to discharge into the Indian River. Motion carried and ordered unanimously.

DISCUSSION, RE: CREATION OF MARINE ADVISORY COUNCIL

Commissioner O'Brien stated the group would go out and get grants to mark channels or move markers, help the Sheriff give out life jackets, etc. and would be made up of ten people, with each Commissioner making two appointments of people who own or operate boats.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize creating the Marine Advisory Council to review and make recommendations to the Board of County Commissioners and staff on marine and boating related matters, boating improvement projects, enhanced marine safety and education projects, waterway environmental improvements, acquire funds through FIND, Coast Guard, Corps of Engineers and others for marine related issues, consisting of ten members with two appointed by each Commissioner, and appointees should own or operate boats and have a strong interest in the waterways.

Commissioner Higgs expressed concern that it would be a duplication of effort as there is a Marine Advisory Council, and this group would be doing the same things. She requested Mr. Peffer advise the Board of what is currently in place.

Assistant County Manager Stephen Peffer advised in the early 1980's he was a member of the Marine Advisory Council which was established under the auspices of the Sea Grant Program, at the Agriculture Center, but he is not sure there is a direct overlap; however, there is a group of people who have a variety of expertise in the marine industry. He stated Doug Jarin is a member and a marina owner; and there are members who are part of the commercial fishing industry and various seafood industries. He noted there are nine members, and he will provide each Commissioner with a list of the members.

Commissioner O'Brien stated Doug Jarin came to him about establishing the group so the one at the Ag Center may not be active. Commissioner Carlson stated it may need to be augmented, but the Board needs to find out what it is about.

George Reynolds stated Doug Jarin is with the Marine Association of Central Florida and is interested in forming the advisory council. He stated there is a statewide advisory council that goes to Tallahassee, meets with various lobbyists and legislators to get laws passed that are needed down here; and Duval and Broward Counties have councils that are successful in getting what they want. He stated the group would be beneficial, provide boaters education in safety and the environment, signage, get grant funds, and get things done that need to be done.

Commissioner O'Brien stated the group would be under the Board and not the Ag Center; and they asked to form the council and give them leverage to speak to people in Tallahassee and request grants that would benefit Brevard County. Commissioner Higgs stated when people go to Tallahassee in the name of Brevard County to get grants, the Board approves those; so if it approves a council, it would need guidelines for them to operate under. She stated they need to be under the Sunshine Law; it would have to be staffed; and the Board cannot just authorize a group to go forward and do things, so it is not without some responsibility. She stated there is a group in existence that needs to be consulted first to see if it would be duplicating efforts; so no action should be taken until the Board sees how it can interface the two groups. Commissioner O'Brien stated if the existing group is under the Ag Center, it could be moved under the Board and operate in the Sunshine; and if they find grants, bring those through the Board, so they would be working for the Board to benefit Brevard County.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to table discussion on creating a Marine Advisory Council until October 26, 1999. Motion carried and ordered unanimously.

Commissioner Carlson stated if the Board is going to establish a council and get expertise for the purpose of addressing grants, it needs to look at all the other organizations out there and make them a stipulated position. She suggested instead of having two members appointed from each Commission District, having one and looking at other groups such as the Coast Guard Reserve, Indian River Lagoon Program, Marine Resources Council, Florida Marine Patrol, Sheriff's Office, to get a diverse group with as much expertise as possible. Commissioner O'Brien stated each Commissioner has that choice to appoint someone from those groups because there are a lot of people who want to be on the council.

Deputy Clerk Berni Talbert advised a resolution establishing the council would need to be adopted so it can be filed with the Commission on Ethics. Commissioner Voltz stated that can be done on October 26, 1999.

DISCUSSION, RE: POSTPONEMENT OF GAS TAX REFERENDUM

Commissioner Voltz recommended the Board postpone the gas tax referendum indefinitely. Commissioner Higgs advised she talked about an infrastructure surtax and the ability to use that mechanism to finance infrastructure because there are major items to consider, including the jail. She stated the Board needs to talk about the whole issue of funding major infrastructure projects; and if it decides to go before the voters, November, 2000 would be better than the primary in March, 2000 because almost 50% more people vote in general elections. Commissioner Voltz stated gas prices are high and may not come down soon; with the Sheriff's referendum failing, going out for a referendum now would be disastrous; and people blame the Board for going out for referendums, but with the 3% cap, it has no choice. She noted with the gas tax, the Board has a choice, and if it is not postponed and fails, the Board would not be able to address it again with any thought of success.

Chairman Scarborough advised Commissioner Higgs suggested taking the projects and trying to make some sense of them; there are a lot of big things coming up, i.e. linear parks, recreational improvements, roads, jail, etc.; and the Board needs to look at all it is facing that may be impossible to do.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to postpone the gas tax referendum indefinitely. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - CHARLES L. KINKER, RE: SMOKING AT BREVARD COUNTY YOUTH FACILITIES

Charles Kinker requested the Board pass an ordinance prohibiting smoking at youth facilities. He stated the Parks and Recreation Board passed a motion unanimously not to allow smoking at youth facilities; people cannot smoke at college and high school games; and the only places that fell through the cracks are youth facilities. He stated it can be self-enforcing; at a Marlins game, the crowd came down on a man who lit a cigarette; his grandson has asthma and participates in soccer; and when he goes out of bounds to get the ball, he gets smoke from people smoking. He stated people smoke behind the backstop at Little League games which affects catchers and pitchers; it is hard on the children; and it is time to have an ordinance prohibiting smoking at Little League and soccer fields.

Chairman Scarborough advised the North Brevard Parks and Recreation Board agreed with Mr. Kinker's suggestion. Parks and Recreation Director Chuck Nelson advised it is the only Board that addressed the issue. Commissioner O'Brien recommended putting up signs in parks stating no smoking within a certain distance.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to direct staff to take the smoking issue to all the Parks and Recreation Advisory Boards, outlining the issue and different options of how to go about it, and return with a report to the Board of County Commissioners in 60 days. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - CARMINE FERRARO, RE: PORT ST. JOHN CENTER

Carmine Ferraro, Project Manager and Marketing Broker for Port St. John Center also known as Crossroads Center, explained the problem with access to Fay Boulevard because the corner parcel, which they would like to sell to a prominent local gas station developer, sits in the subdivision plat for the Center; and advised of meetings with Chairman Scarborough and County staff to explore options. He stated they can either request a waiver of the Subdivision Ordinance requirements from the Board, or remove the parcel from the site plan, which has only received preliminary approval at this point, and file a modified site plan. He advised they do not want to put the County in a position of having to grant waivers for other requests for access to Fay Boulevard, and thought the easiest way to do it is to remove the lot from the plat, and sell it with a metes and bounds description, then the access issue would be dealt with outside of the Subdivision criteria. He inquired how can they achieve their goal to have access onto Fay Boulevard and not create future problems for the County. Mr. Ferraro noted the access onto Fay is a safety issue as well; and it would violate the Subdivision Ordinance, but would alleviate potential bottleneck with all the accesses onto Curtis Boulevard. He stated they want to also address other issues staff mentioned such as a deceleration lane to take traffic off the road for a right-hand turn onto Curtis Boulevard and a signalized intersection. He stated they are prepared to go ahead, if the Board would support them, and dedicate the land to the County today and explore the possibility of sharing the cost of a traffic signal; and when the lot is developed, to ensure the people who build on it would be required to construct the deceleration lane and continue the process to make it a safer intersection.

Timothy Pickles, representing the developers, advised it is not a subdivision because it has not been approved by the County; a preliminary plat has been approved; however, the ownership of the property is still in the ownership of the developers; so the options were either to request a waiver to get access on Fay Boulevard, or withdraw the plat and sell the parcel by metes and bounds. He stated the Board's input is very important because it will dictate where they will go from here; they want to work with the County, but they do not want to request a waiver if it is going to be denied; and they would request a waiver with reasonable likelihood that they can present a case and the Board would approve it. He stated if the waiver is denied, they will sell the property by metes and bounds and withdraw the plat, and return later with a modified plat. He stated the owners are able to sell the lot as is; the sale will go through; but they would like to have the County's blessing and waiver so that everything can be monitored by the County. Mr. Pickles stated if they go through with a metes and bounds description, they would be willing to require the property live up to all the declarations of the remaining subdivision by way of recorded deed restrictions.

Maureen Rupe, President of Port St. John Homeowners Association, advised the Association recommended Brevard County work with the Crossroads Center developers to allow the property on the northwest corner of Fay Boulevard and Curtis Boulevard to be removed from the plat to allow an exit from the lot onto Fay Boulevard. She stated the second exit on Fay Boulevard would make the intersection of Curtis and Fay safer by diverting some of the traffic from the intersection; and removing the parcel from the plat would be better than asking for a waiver from the requirements of platted lots. She stated the Crossroads Center developers understand the concerns of the community; they have rezoned the property from IU-1 to IU and BU-2 and waived most of the uses the Association asked for, including any type of adult entertainment; and to assure the community has input and is kept abreast of all development, they asked the Association to have a member on the architectural committee. She stated the general membership of Port St. John Homeowners Association voted unanimously to ask the Board to approve the request for safety reasons; and they hope the Board will consider it.

Louis Campanile, professional engineer with Campanile & Associates, advised Curtis Boulevard is a main collector road that they are extending from where it terminated to Fay Boulevard, so it will be a heavily traveled road; and the access for people coming down Fay Boulevard to get into the corner lot driveway would not create congestion at the intersection. He stated if the access is excluded, traffic will make a right-hand turn and an immediate left-hand turn into the lot; and that would create a bad traffic situation; so in this case, the driveway is needed.

Chairman Scarborough advised the Homeowners Association agrees with the developers; a waiver could find the Board in an uncomfortable position when dealing with similar waivers later; and his preference is to sever the property from the plat and return with a revised plat. Commissioner Voltz agreed. Mr. Ferraro advised they would also like to discuss the traffic signal and deceleration lane on the east side; with Chairman Scarborough responding that can be part of the package when the revised plat is brought back to the County.

County Attorney Scott Knox advised if the parcel is severed, it will not come back; with Chairman Scarborough responding Mr. Ferraro said if he severs the parcel, the plat would no longer be the same, and he would have to bring back a modified plat. Mr. Knox stated he understands the plat has not been approved to date. Mr. Ferraro stated it is a preliminary plat and not a final plat, so there is no approval currently. Mr. Knox stated the Board will not see it again if the parcel is taken out of the plat. Chairman Scarborough stated the final plat will be reduced by that parcel. Mr. Ferraro inquired if they bring it back to the Board, will it get support in its modified condition. He noted some things have changed over the ten years, but there is some vesting in the project; and they have down-zoned and established an architectural review committee. Chairman Scarborough recommended returning with the whole product of what they are proposing. Mr. Knox advised there is an advantage to the waiver which is it will come back to the Board, and the Board can attach conditions to it; the waiver would be to compensate for the policy that there be no entrance onto Fay Boulevard; and they can offer the accel/decel lanes, traffic lights, etc. and the Board can find that the policy is met by doing those things. Chairman Scarborough inquired if it would set a dangerous precedent; with Mr. Knox responding not with requiring the additional work. Commissioner O'Brien stated he has a problem supporting the County participating with the developers for the traffic light because the impact on that intersection will be caused by their construction.

Mr. Ferraro advised they are coming to the finish of a long road; the owners are regular people who started a huge project; they persevered and did not give up; they privately funded everything; and all they need to do is finish these issues. He stated it will be a benefit to the community and the owners as well; and after ten years it would be nice for them to have a little benefit from the project.

Chairman Scarborough inquired if the County Attorney is recommending a waiver; with Mr. Knox responding the Board would have more control over a waiver situation than a site plan. Mr. Ferraro inquired if they can expect reasonable support from the Board based on what they said. He noted they do not want to go into another 60-day process. Chairman Scarborough stated it makes good engineering sense to allow the access on Fay Boulevard; however, he has concerns about the railroad track, stacking lanes, etc., and needs to have that analyzed. He stated staff understands traffic problems, stacking lanes, and traffic signals; if a signal is put in the wrong place, it could have someone stuck on the railroad tracks; and he is not capable of saying how that is supposed to work. Mr. Ferraro inquired if staff could speak on that issue now; with Chairman Scarborough responding no, they have to put together a report; and he needs to study the report and have staff come by his office to discuss it. Mr. Ferraro stated he appreciates that, but unfortunately they are in a tight position also and have to make a decision; and it would be nice to know which direction the Board would prefer they go and whether there will be support for that position. Chairman Scarborough stated it makes some engineering sense; however, there will be different traffic there than on other residential streets, and it is next to a railroad track, so he needs time to study it. Mr. Ferraro inquired how soon can they expect it to come back to the Board; with Chairman Scarborough responding when the request for waiver is submitted. Mr. Ferraro inquired if it could be put on the agenda for October 26, 1999; with County Manager Tom Jenkins responding he can schedule it for October 26, 1999. Mr. Jenkins inquired who does Mr. Ferraro apply to for the waiver; with Mr. Knox responding Bruce Moia.

Mr. Pickles stated his position is that the parcel is not part of the subdivision because it has not been recorded yet; and inquired if they were to request a waiver or go through the metes and bounds description right now, would the County have a problem, from a subdivision requirement standpoint, requiring them to stick with the subdivision regulations. He stated he researched it and did not find where the County can tell them yes or no. Mr. Knox advised like all subdivisions, if there is an outparcel the developer does not want to be part of the subdivision, he can go around it with his legal description and leave it in metes and bounds; so the answer is they can take it out and not have a problem with that.

PERSONAL APPEARANCES - MARY TEES AND MAUREEN RUPE, RE: LANDSCAPING OF RETENTION PONDS

County Manager Tom Jenkins advised Mary Tees had to leave, and requested the item be rescheduled. The Board acknowledged the request to reschedule personal appearances of Mary Tees and Maureen Rupe regarding landscaping of retention ponds.

AGREEMENT WITH DEPARTMENT OF THE ARMY, RE: BREVARD COUNTY SHORE PROTECTION PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with The Department of The Army for construction of the Brevard County Shore Protection Project; and authorize staff to submit a financial plan for the project. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH MICHELLE MARTINDALE, RE: MEETING AND CONVENTION SALES CONTRACTOR

Commissioner Higgs advised she does not have a problem with the Agreement; however, it expired on September 30 ,1999, and the Board asked staff to bring contracts back in sufficient time to look at them before they expire so it can decide whether or not to renew them without adversely impacting the programs. She recommended the County Manager advised the TDC that it is the Board's policy that contracts come back to the Board in sufficient time to allow the Board to consider them before expiration. She noted the Amendment did not go before the TDC, but went before a select group of managers; but staff has recommended its approval.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Amendment to Agreement with Michelle Martindale as the meeting and convention sales contractor for the TDC, extending the Agreement for 18 months and increasing monthly retainer by 10%. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 6:00 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)