The Board of County Commissioners of Brevard County, Florida, met in regular session on July 6, 1999, at 9:07 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 Chairman Truman Scarborough, District 1.

Commissioner Helen Voltz 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 March 9, April 6 and 27, 1999 Regular meetings; March 18 and April 15, 1999 Special Meetings; and April 8, 1999 Zoning Meeting. Motion carried and ordered unanimously.

DELETION, RE: AGENDA ITEM

County Manager Tom Jenkins requested Item III.A.7 , Final Plat Approval for Sill Point Subdivision, Phase 2, be deleted as the applicant did not submit all the required paperwork.

AUTHORIZATION, RE: EXECUTIVE SESSION

County Attorney Scott Knox requested permission to schedule an executive session to discuss the Castaneda case.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize scheduling an executive session after the July 13, 1999 Board meeting to discuss the Castaneda case. Motion carried and ordered unanimously.

ITEM REMOVED FROM CONSENT AGENDA

Commissioner O'Brien requested Item III.D.2 be removed from the Consent Agenda for discussion.

REPORT, RE: FLOODING

Commissioner O'Brien stated in June there were extraordinary rains in District 2; there was more flooding than during Storm Jerry or Hurricane Erin; and he invited Ron Jones to explain the seriousness of the problem. He advised of obstructions in the drainage pipe on Victor Road in Cocoa which caused flooding. He stated more structures received water during this storm event than during Tropical Storm Jerry; and it is hard on the residents.

Drainage and Surface Water Director Ron Jones stated the events two to three weeks ago were a 50-year event which was six inches of rainfall in a four-hour period, followed on the next day by four and one-half inches in a three-hour period, followed by a normal weekend, and on the following Monday by an additional significant event of three and one-half to four inches. He stated in Merritt Island and Cocoa, a number of finished floor structures on commercial and residential properties went under water; in 70% of the areas, the inlet and pipe systems were not designed for that type of flooding event; it is an act of God, much the same as a fire or tornado; and Road and Bridge was active in making sure any clogs were removed. He stated structural deficiencies were identified on Skylark Avenue where there was approximately 1,000 feet of inadequate piping; and staff is currently moving forward to permit and replace the piping. He stated in the area of Parnell Street there was a commercial site plan under construction; it was inadequately controlled in terms of erosion and sediment; the job was red tagged; and Road and Bridge and Surface Water staff pumped the system out and made corrective actions with the contractor to solve that issue. He stated that area was already slated under some work with MIRA; and the Surface Water Improvement Program is going to expedite the project.

Commissioner O'Brien stated the Legislative Delegation requested $300,000 to improve that system, but the Governor took that out of the budget; and hopefully this time, the County will be able to get the money to solve those kinds of problems.

Mr. Jones stated the most significant area in Cocoa was the Range Road/Victor Road/Stratford Drive area; the watershed has suffered significantly over a period of years in terms of an inadequate system; and it is being worsened by additional development occurring in the basin. He stated the Surface Water Program is moving forward to do a regional analysis; it is a 5000-acre watershed; and they will be reviewing the entire system, modeling it, and making recommendations for improvements. He stated there was some flooding at Legay Street and Mantes Drive; but fortunately, there was no finished floor flooding. He stated staff has reviewed the issue, and will be moving forward to put a lift station at that location because there is no way to achieve a level of service associated with the drainage; there is only approximately six inches of fall over a mile distance, and that area will continue to flood; on a routine basis pump systems and Road and Bridge personnel are mobilized every time there is a two-inch or better rainfall; and those costs will be eliminated from not having to do that with a lift station.

Commissioner O'Brien stated it is important to let the Board know how serious the problems are; no one wants to see water enter a house, but in the last event many houses received water; and they are working to try to prevent that problem in the future. He stated there used to be a pump at Legay Street; and now the County has to put a new one in. He noted as he left Merritt Island this morning it was raining; and there have been eleven straight days of rain.

REPORT, RE: VACATION

Commissioner O'Brien reported on his vacation at a dude ranch in Wyoming.

REPORT, RE: FIREWORKS

Commissioner Carlson stated the Marlins Stadium had a marvelous fireworks display with 8,100 participants.

REPORT, RE: FLORIDA ASSOCIATION OF COUNTIES CONFERENCE

Commissioner Voltz stated at the Florida Association of Counties Conference, the District 18 Board member was elected Second Vice President; and she will be moving into his slot in District 18, and Commissioner Carlson will try to get the at-large seat. She stated Brevard County will hold the reins for who sits on that board because the Chairman will have to give up that seat to some other county.

REPORT, RE: MEETING WITH ORANGE COUNTY COMMISSIONERS

Chairman Scarborough stated the Commissioners had a meeting approximately two weeks ago with the Orange County Commission members; and thanked the Port and Commissioner Higgs for making the opportunity possible.

APPROVAL OF LETTERS TO SENATORS GRAHAM AND MACK AND CONGRESSMAN WELDON, RE: REQUESTING SUPPORT OF FEDERAL FUNDING FOR MAX BREWER CAUSEWAY BRIDGE

Chairman Scarborough stated the original request was for a letter to Congressman Dave Weldon requesting assistance in getting federal funding for Max Brewer Bridge; and recommended letters also be sent to Senators.

RESOLUTION, RE: RECOGNIZING MARK JAMES DONALD FOR ATTAINING THE RANK OF EAGLE SCOUT

Commissioner O'Brien stated last year Mr. Donald's brother scored a perfect score on the SAT; and inquired if Mr. Donald intends to do the same; with Mark Donald responding he hopes so. Commissioner O'Brien read aloud a resolution recognizing Mark James Donald for attaining the rank of Eagle Scout.

Motion by Commissioner O'Brien, seconded y Commissioner Voltz, to adopt Resolution recognizing and commenting Mark James Donald for attaining the rank of Eagle Scout. Motion carried and ordered unanimously.

Mark Donald advised of his Eagle Scout project installing a sprinkler system for Faith Presbyterian Church and the requirements to reach Eagle Scout. Commissioner O'Brien presented the Resolution to Mr. Donald. Mr. Donald thanked the Board for the Resolution.

RESOLUTION, RE: COMMENDING JO JO AND CHERYL CATCHINGS

Commissioner Voltz advised she met Cheryl Catchings while serving on the Juvenile Justice Council. She read aloud a resolution commending Jo Jo and Cheryl Catchings for their accomplishments in helping the youth of Brevard County including establishment of Speak Out Hotline.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution commending Jean Dominique "Jo Jo" and Cheryl Catchings for their vision, compassion, and dedication in helping the youth of the County. Motion carried and ordered unanimously.

Cheryl Catchings expressed appreciation for the Resolution, and for the support of their project. She stated four and one-half years ago Jo Jo was the victim of a hate crime; there were no policies or procedures in place with the school system at that time to deal with it, as it happened after school and more than 1,000 yards off school property; and law enforcement had no gang task force at that time. She stated her family has always been involved in community service; and Jo Jo came up with the idea of an anonymous hotline. She stated now young people can call and report 24 hours a day any safety, security or criminal activity; they can get in touch with school and law enforcement personnel to report the incident; and last year they received 22 calls reporting weapons on campus. She advised the number for the hotline is 1-800-226-7733, and it is answered 24 hours a day.

Commissioner Voltz presented the Resolution to the Catchings.

RESOLUTION, RE: PROCLAIMING THE ONE WAY 2 PLAY DRUG FREE DAY

Commissioner Voltz read aloud a resolution proclaiming the One Way 2 Play Drug Free Day.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming July 11, 1999 as One Way 2 Play Drug Free Day, and encouraging citizens to attend the rally sponsored by the Fellowship of Christian Athletes at Space Coast Stadium. Motion carried and ordered unanimously.

Jason Hedman thanked the Board and the Marlins Organization for their support; and stated if the One Way 2 Play Program helps one young person in avoiding the snare of drug addiction, all the efforts will be worthwhile.

Commissioner Voltz presented the Resolution to Mr. Hedman. She advised of a program presented at the Florida Association of Counties concerning drugs; and stated there will be an item on the ballot in 2000 to legalize marijuana. She stated the same group is going to schools, giving information on how to use drugs safely; it will be a horrendous situation; and all the counties and cities need to look at the program.

RESOLUTION, RE: RECOGNIZING KELENI PAHULU FOR ATTAINING THE RANK OF EAGLE SCOUT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing Keleni Pahulu for attaining the rank of Eagle Scout. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING BRYCE L. JOHNSON FOR ATTAINING THE RANK OF EAGLE SCOUT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution recognizing Bryce L. Johnson for attaining the rank of Eagle Scout. Motion carried and ordered unanimously.

AGREEMENT WITH JAMES A. RILEY, RE: WEST CANAVERAL GROVES IMPACT FEE FINANCING

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with James A. Riley for impact fee financing for property located at 6889 Terri Lee Avenue in West Canaveral Groves. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: COMMERCE LIMITED LIABILITY SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final plat approval for Commerce Limited Liability Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH ARMSTRONG CUSTOM HOMES FOR TOBY AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution releasing Contract dated January 12, 1999 with Armstrong Custom Homes for Toby Avenue. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: INDIAN LANDING SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final engineering approval for Indian Landing Subdivision, subject to minor engineering changes as applicable, and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DWIGHT B. SLIGER, RE: LONESOME DOVE LANE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Dwight B. Sliger for construction of a road in an existing County right-of-way to the standards of the Unpaved Road Ordinance 93-27. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL AND CONTRACT, RE: CRANE CREEK SUBDIVISION, UNIT 2, PHASE 4

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final plat approval and execute Contract with Rostan, Inc. for Crane Creek Subdivision, Unit 2, Phase 4 guaranteeing completion of all infrastructure improvements. Motion carried and ordered unanimously.

SUBDIVISION INFRASTRUCTURE CONTRACT WITH THE VIERA COMPANY, RE: WICKHAM LAKES SUBDIVISION, PHASE 4, EXTENSION B

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract with The Viera Company guaranteeing infrastructure improvements for Wickham Lakes Subdivision, Phase 4, Extension B. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: SAWGRASS SUBDIVISION, PHASE I

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final engineering approval for Sawgrass Subdivision, Phase I, subject to minor engineering changes, and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-9-20, AUTHORIZE NEGOTIATIONS FOR TASKS, AND AUTHORIZE EXECUTION OF CONTRACTS, RE: IMPACT FEE UPDATE CONSULTANT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to award Proposal #P-1-9-20, Impact Fee Update Consultant, to Tindale Oliver and Associates, Inc.; authorize staff to proceed with negotiations for Task 1 which includes an introductory workshop, and negotiate the remaining tasks based on Board direction after the workshop; and authorize the Chairman to execute Contract with the consultant. Motion carried and ordered unanimously.

AUTHORIZATION, RE: SUBMISSION OF PROJECT PRIORITIES TO BREVARD MPO

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize staff to submit the FY 1999/00 project priorities to the Brevard MPO for consideration. Motion carried and ordered unanimously.

APPROVAL OF LETTERS TO SENATORS GRAHAM AND MACK AND CONGRESSMAN WELDON, RE: REQUESTING SUPPORT OF FEDERAL FUNDING FOR MAX BREWER CAUSEWAY BRIDGE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve letters to Congressman Dave Weldon and Senators Connie Mack and Bob Graham requesting support of federal funding to conduct an engineering study of the Max Brewer Causeway Bridge. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH C&D CONSTRUCTION, INC., RE: WESTMINSTER DRIVE PEDWAY PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract Modification #1 with C&D Construction, Inc. increasing contract amount by $2,776.22 to cover additional materials for the Westminster Drive Pedway; and authorize final payment of $35,108.61. Motion carried and ordered unanimously.

APPROVAL, RE: PAYMENT OF TAX BILL FOR SCHENCK AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve payment of outstanding tax bill for Schenck Avenue in District 4 in the amount of $191.10. Motion carried and ordered unanimously.

PROJECT AGREEMENT AMENDMENT WITH FLORIDA INLAND NAVIGATION DISTRICT, RE: SALE OF DREDGING EQUIPMENT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Project Agreement Amendment with Florida Inland Navigation District for the sale of dredging equipment. Motion carried and ordered unanimously.

JOINT USE AGREEMENT WITH BREVARD COMMUNITY COLLEGE, RE: USE OF MODULAR BUILDING BY AGRICULTURE AND EXTENSION SERVICE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Joint Use Agreement with Brevard Community College for the Agriculture and Extension Services to use a 9,600 square-foot modular building at the College in Palm Bay. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: LONG POINT PARK BATHHOUSE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid construction of a bathhouse facility at Long Point Park, and award the bid to the lowest qualified bidder; and authorize the Chairman execute the Contract. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH LA CONSTRUCTION SERVICES, INC., RE: MANATEE HAMMOCK PARK FISHING/VIEWING PIER AND SHORELINE STABILIZATION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 1 with LA Construction Services, Inc. increasing contract price by $8,745.25 for construction of a fishing/viewing pier at Manatee Hammock Park. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH BUTLER CONSTRUCTION, RE: CONSTRUCTION OF BUILDINGS AT OFF-ROAD VEHICLE PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 1 with Butler Construction decreasing the contract price by $2,300.00 and extending the contract time by 52 days for construction of buildings at Off-Road Vehicle Park. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH M.D. UTILITY CONTRACTORS, RE: MAX RODES PARK WATERLINE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 2 with M. D. Utility Contractors extending the contract time by 24 days for construction of a waterline at Max Rodes Park. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH BRPH CONSTRUCTION SERVICES, INC., RE: CONSTRUCTION OF ADDITIONS/RENOVATIONS AT EMERGENCY OPERATIONS CENTER AND 911 DISPATCH CENTER

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 2 with BRPH Construction Services, Inc. increasing the contract price by $21,560 and extending the contract time by 14 days for construction of additions/renovations at Emergency Operations Center and 911 Dispatch Center. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 WITH STORMWATER & UNDERGROUND, INC., RE: CONSTRUCTION OF SITE WORK AT OFF-ROAD VEHICLE PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 3 with Stormwater and Underground, Inc. increasing the contract price by $2,460 and extending the contract time by 24 days for construction of sitework at Off-Road Vehicle Park. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION TO STATE ECONOMIC DEVELOPMENT TRANSPORTATION TRUST FUND PROGRAM, RE: IMPROVEMENTS TO SEA RAY DRIVE AND SR 528

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Grant Application to State Economic Development Transportation Trust Fund Program for select improvements to Sea Ray Drive and SR 528; and authorize the Chairman to sign the application and related documents. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH SCOTT RITTENHOUSE, OWNER OF FIRST COAST INDUSTRIAL ELECTRONICS, RE: PROPERTY IN SPACEPORT COMMERCE PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract for Sale and Purchase with Scott Rittenhouse, owner of First Coast Industrial Electronics, for approximately 2.5 acres in Spaceport Commerce Park to construct a remanufacturing facility. Motion carried and ordered unanimously.

AUTHORIZATION TO RETURN JOINT PARTICIPATION AGREEMENT TO FLORIDA DEPARTMENT OF TRANSPORTATION AND RELEASE THE $20,000 GRANT ALLOCATION, RE: VALKARIA AIRPORT LAYOUT PLAN UPDATE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize staff to return the unused Joint Participation Agreement to Florida Department of Transportation and release $20,000 of unused grant allocation for Valkaria Airport Layout Plan to Florida Department of Transportation. Motion carried and ordered unanimously.

PERMISSION TO BID, AND AWARD PURCHASE ORDER, RE: DEMOLITION OF OLD JAIL IN TITUSVILLE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid and award a purchase order to the lowest qualified bidder to demolish the old jail in Titusville. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: CAPITAL IMPROVEMENT PROJECTS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid, award bid to lowest responsible bidders; and authorize the Chairman to execute the contracts for Schoolhouse Lane piping and drainage improvements, and East Railroad Avenue paving improvements as approved by the Board in the 1998 Consolidated Action Plan. Motion carried and ordered unanimously.

APPOINTMENT, RE: PALM BAY REGIONAL PARK CITIZENS ADVISORY COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to appoint James Hinchman to the Palm Bay Regional Park Advisory Committee. Motion carried and ordered unanimously.

APPROVAL OF DONATION, RE: SCAT VANPOOL VAN TO EASTER SEAL SOCIETY OF EAST CENTRAL FLORIDA

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve donation of a former Space Coast Area Transit vanpool van to the Easter Seal Society of Central Florida for use in transporting Med-Waiver clients affected by recent Medicaid funding cuts to the Easter Seal Adult Day Training Program, contingent upon the Easter Seal Society maintaining the current lease of vanpools from VSPI. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: PURCHASE OF ARTICULATED AERIAL DEVICE (BUCKET TRUCK)

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid and award bid to lowest responsible bidder for an articulated aerial device (bucket truck) for use at the Solid Waste facilities. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ROBERT L. COCHRAN, TRUSTEE, RE: PROPERTY ADJACENT TO SARNO ROAD LANDFILL

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract for Sale and Purchase with Robert L. Cochran, Trustee for undeveloped property located adjacent to the Sarno Road Landfill, at $196,000. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ACQUISITION OF BAREFOOT BAY UTILITY SYSTEM FROM FLORIDA GOVERNMENTAL UTILITY AUTHORITY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to advertise public hearing to consider acquisition of Barefoot Bay Utility System from Florida Governmental Utility Authority. Motion carried and ordered unanimously.

AUTHORIZATION TO SETTLE WORKER'S COMPENSATION CLAIM, RE: CONRAD KNIGHT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize settlement of a Worker's Compensation claim of Conrad Night in the amount of $64,100 all inclusive. Motion carried and ordered unanimously.

PERMISSION TO STANDARDIZE AND ISSUE REQUEST FOR PROPOSALS, RE: VEHICLES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve procurement standardization for General Motors products for one-ton and under vehicles; grant permission to issue a request for proposal for a five-year agreement to Brevard County vendors only; and authorize purchase of recently leased vehicles when new replacement vehicles are unavailable under the Fleet Procurement Program due to time constraints or when determined to be economically beneficial. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-9-04 TO RENE BATES, RE: AUCTIONEER SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to award Proposal #P1-9-04, Auctioneer Services, to Rene Bates at a 3.75% for the first $300,000 of a sale and 3.75% plus an additional 1.25% (5%) for sales exceeding $300,000; and authorize the Chairman to execute Agreement for a three-year period. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to appoint Larry Bartley and Carl Hughes to the Spaceport Commerce Park Authority. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PERSONAL APPEARANCES - REPRESENTATIVE BILL POSEY AND LOBBYIST GUY SPEARMAN, RE: REPORT OF 1999 FLORIDA LEGISLATIVE SESSION

State Representative Bill Posey advised of appropriation of $968,642 for Crosswinds Youth Shelter which received great support, and appropriation of $250,000 for sewer improvements on Merritt Park Place which was vetoed by the Governor; and requested the Board avoid protesting vetoes because it will not gain anything, but could cause damage to the Board's ability to serve the constituents through State funding in the future. He stated historically appropriations have not always been need based; the process rewarded those in power, and often penalized those who did not sell their souls to bring home the bacon; and he has heard people cheering the Governor's action to change the pork-laden process. He stated they began the appropriations process under an old system, and in November it was changed to require that all appropriations go through a review process by State agencies; and a lot of people who have reached positions of power did not want that to happen. He stated as term limits now stand two-thirds of the Brevard Delegation will be gone after the next legislative session; no more than 50 will be back in any capacity; and the Delegation will be below the State average in seniority and clout during the next legislative session. He stated the more the process changes to make funding need-based, the more the County will benefit. He stated there was a request from the County for $477,081 for Brevard Drug Court; Senator Kurth succeeded in getting it funded at $250,000 in the Senate; Representative Futch did much the same in the House of Representatives; but the item was vetoed. He stated Representative Ball got $220,000 fully funded for Project Payback; the request for the Brevard Zoo Native Florida Aquarium was for $1,300,000; Representative Goode and Senator Bronson got it into both budgets for $250,000; but it was also vetoed. He stated he asked for $480,000 for the Brevard Motorized Sports Facility; with a lot of help from Chuck Nelson and Jack Masson, got $200,000 into both budgets; but it was later vetoed. He stated Florida Marine Patrol funding of $906,190 was requested for first year additional staffing; but like other counties making similar requests, none of them made it into the budget. He stated he passed a budget amendment appropriating $237,000 to help thirteen counties considered to be critical habitats develop their manatee protection plans; that works out to an average of $18,500 per eligible county; and suggested the County apply for its share as soon as possible. He stated the Board requested $50,000 for Country Acres; he got it in the House budget and Senator Bronson got it in the Senate budget for $75,000; the Legislature fully funded $50,000; but the Governor vetoed it. He stated some legislators assume the County's budget requests are formal requests which the Board would want to be funded first, and that the Board would want the Delegation to pursue all possible funding avenues; and the Legislators and Mr. Spearman need the Board's consent to pursue that funding. He stated District VII, which includes Brevard County has historically been underfunded for ADM funding; and advised of a study he did four years ago which revealed that for every $1.15 District VII got, District II, which encompasses Tallahassee, got $8.08. He stated he does not think there are eight times more starving children in Tallahassee; they have tried to change the funding formula; and OPPAGA ran a series of numbers. He stated in the 1960's Brevard County was the fastest growing county in the United States with the highest per capita income and lowest per capita age along with the highest divorce rate, VD rate, and the other things that go with a boom community; at that time there was a misery index; and although the County was prosperous statistically, it had misery too. He stated he tried to get OPPAGA to redevelop a misery index and fund such things as ADM statewide on the basis of that index tied to population to get a per capita amount that would be relevant; but every time the numbers were crunched, the County's benefits were reduced. He stated the only measure that would cause the revenues to increase would be those based on population because District VII, which includes Seminole and Orange Counties, continues to balloon. He advised the South Florida delegations opposed this for several years until they were shown that they were being hurt by the existing formula more than District VII. He stated two years ago Senator Kurth was instrumental in getting this passed in the Senate; the policy was changed to indicate all new funding would be based on population growth, and existing counties would be held harmless; unfortunately population in the District fizzled a little, so it did not come out quite as well as it was thought; but the District still came out ahead, and in the future that should help funding significantly. He stated Senator Kurth also helped craft proviso language to show that an additional $1.3 million should go to the 40 counties which are already funded above the State average; and there is a provision for the 27 counties funded below the State average, including Brevard County, to split $2,600,000. He stated the County's condition will continue to improve; Government Affairs Director Todd Parrish is not only a long time friend of his but of Mr. Spearman as well; and Mr. Spearman has been working with Mr. Parrish to get some hard copy results of the impact of the changes made in policy toward ADM funding in District VII.

Lobbyist Guy Spearman advised Mr. Parrish is well aware of the needs in District VII and is working toward getting the Department closer to where it should be. He stated they are producing a report to show historical funding levels; and as soon as he gets it, he will forward copies to the Board.

Representative Posey stated they received a Resolution in support of Preservation 2000, which is the program responsible for acquiring 1.7 million acres of sensitive land in the State; and the Delegation supported Forever Florida, which is a $3 million bond program for additional acquisitions. He stated a new twist is that one-third of the money can also be used for management; one problem in the State was that in its quest to buy land, it did not manage it very well; and advised of management problems. He stated the Board unanimously supported the Spaceport infrastructure and improvements; $30 million was requested; it was worked hard by the Delegation; and Spaceport Florida received $4.7 million. He stated they were funded $720,000 for operations which is an increase of 50% over last year, $560,000 for the Venture Star recruitment program which was funded at $1.6 million last year, $1,120,000 additional money for the reusable launch vehicle support complex, and $1,416,000 for site development, infrastructure and planning. He commented on the California master plan which is on the internet; stated right now it is a $4 billion per year industry; it will be a $70 billion a year industry in the next decade; and the County is losing ground. He stated one person left Spaceport Florida and was hired by Spaceport Oklahoma; Louisiana, Mississippi, and inland states with vacant ground are all trying to get into the rocket business; and it is not a foregone conclusion that Florida will continue to be the center for space. He stated the infrastructure at Kennedy Space Center is badly outdated; there is no provision for simultaneous launches; there is little reason for the big contractors to use KSC except out of habit; and they are trying to change that by making the Legislature aware that this is a State, not a local issue. He stated the reality is that the Space Center can disappear from Brevard County; and they are seriously concerned. He stated the 20% reserve fund amounts to $954,000, and Spaceport Florida will also be eligible to utilize those funds; the Legislature put in seed money of $1.5 million for commercial space financing start up funding; and a lot of the details are in the mill right now. He stated Spaceport Florida Authority is thrilled with the level of funding; and it can get better through the discretionary funding available to the Governor. He stated the Legislature also established a commercial space funding corporation; it founded the Florida Space Research Institute to partner with NASA to develop such things as a world class university program; and tax benefits were provided to Spaceport Florida similar to those enjoyed by the seaport and aviation authorities. He stated they extended the Spaceport Florida territory to include all of Eglin Air Force Base, all of the Kennedy Space Center, and all of the Cape Canaveral Air Station, increasing the capability to provide launch services; and the Governor named Lt. Governor Brogan to take the lead. He stated Representative Futch and Senator Bronson also passed legislation bringing the Spaceport Florida Authority under the umbrella of the Department of Transportation which will help provide for a long term funding source; and advised of the value of the Technological Research and Development Authority and funding for the TRDA. He stated they did not get funding for the North Brevard Animal Shelter; and advised of the fear of setting a precedent.

Chairman Scarborough stated this is why it is necessary to talk as the package is being put together; and in the future the Board should have a dialogue with the Delegation.

Representative Posey stated that is the goal. He stated he got the black beam interferometer funded for $1 million two years ago, and it was vetoed; he got it funded last year, and it was not vetoed, but was not used; and this year he had a special proviso inserted that would allow the money to be utilized for other economic development in the County, but it was vetoed. He explained why the Board will probably never see election of St. Johns River Water Management District members unless the Districts are completely disassembled and reassembled.

Commissioner Voltz stated the biggest issue is the St. Johns River Water Management District can raise taxes but the people do not have any say in it, and that is taxation without representation; and inquired if there is any way for the Legislature to set the Districts' budgets. Representative Posey stated there was no oversight of the Water Management Districts, but two years ago legislation was passed which requires the Districts to report their budgets annually to the Governor's office and the Legislature, although there is no veto or approval action. He stated the issue of Water Management Districts is as sensitive in Tallahassee as it is in Brevard County; they were one of the first to comply with the agency's strategic plan; so they have demonstrated a willingness to comply and serve in concert with the values that County Commissions and Legislatures are accustomed to. He stated he expects the Water Management Districts will be more partners with counties in the future than adversaries. Mr. Spearman stated he could find no interest in this issue. Chairman Scarborough stated there is a basic concept that those who tax should be elected. Commissioner O'Brien stated the Florida Inland Navigation District doubled its taxes; the Board has lowered its taxes; and it is difficult to explain to taxpayers that two unelected bodies raised the taxes. He stated the Legislature should take the lead to say it is time for some of the agencies to have to respond to an elected body.

Representative Posey stated when they get to the discussion about the intangible tax, it may give a clearer picture on the dynamics of the Tallahassee approach to local government. He advised he first heard about the water management districts in 1976. Mr. Spearman advised in 1976 he worked for the Governor's office which was implementing the water management districts.

Representative Posey stated Mr. Spearman working with former Senator Bud Gardner was responsible for the $500,000 appropriation being in both budgets, but it was vetoed. He advised of the House and Senate positions on the McGriff riptide warning signs; and stated the concept died. He stated the Florida Association of Counties is still working on deeds for jointly held property. Mr. Spearman advised he is working with Deputy Secretary Kirby Green of the Department of Environmental Protection to see if there can be some agreement. Representative Posey stated interference with emergency radio transmissions was an issue brought to the Legislature by the Board; and there is now a criminal penalty for interfering with emergency radio transmissions. Mr. Spearman stated on the DOT one-size-fits-all $75,000 per acre condemnation mitigation fee changes the Board requested, there was some difficulty with staff which believes this can be worked out; he got it on as a Senate amendment, but it was stripped because it did not go through committee; that at least got the attention of staff who saw that some people liked it; so they are negotiating to see if the issue can be resolved. Representative Posey stated the issue of exempting temporary employees from the Florida Retirement System is difficult as part-time employees help fund the State plan.

*County Attorney Scott Knox's absence and Assistant County Attorney Shannon Wilson's presence were noted at this time.

Representative Posey stated exempting any classification results in a loss of revenue for the plan; when he went to Tallahassee the FRS was underfunded by $16 billion; that is why the County is paying an amount equal to 16.5% of its payroll for regular class employees to get a benefit worth approximately 6 to 10%; the excess was to recapture the unfunded liability; but with the shift in the stock market, that has gone away. He stated still factored into this is that part-time employees contribute, and employees who leave before they are vested have contributions that remain in the plan to help offset other costs; and advised of the rates to abolish the unfunded liability if there was no part-time participation. He advised of a change in State assumptions based on growth; and stated he wonders if the unfunded liability has gone away. He stated State operations are not covered by the FRS; outlined the plan for those employees; and advised the plan is being studied in the interim while the Legislators are not in Tallahassee. He stated the Board requested $315,000 for the Barefoot Bay/Micco Day Care Center; Senator Bronson and Representative Futch spearheaded the appropriation to the extent of $300,000; and it was fully funded. He stated the Board requested $1 million for the anti-drug addiction prototype project; some items were traded off to get other items that were not going to be well funded; and this was traded to get funding for Crosswinds. He noted the Devereaux Therapeutic Treatment Center was funded at $120,000; but the Veterans Transitional Facility and the Alzheimer's Disease request were not funded. He advised there was a $1 million appropriation for the Melbourne Airport, which was vetoed; House Bill 1883 lowered FRS retirement rates in an amount equal to 6% of payroll; he was on the losing end of the amendment that would have held counties harmless for loss of revenue resulting from reduced intangible rates; and the vote reflected how few House members have local government experience. He stated that vote cost Brevard County $2,340,556 of full discretionary net income; the County will save $5,789,146 that it will no longer have to pay into the FRS; that is offset by the intangible tax relief of $2,340,556; and that still leaves a net gain of $3,448,590. He stated approximately $28 million in transportation appropriations and FRDAP grants were fully funded; and advised of appropriations to the School Board.

The meeting recessed at 10:23 a.m. and reconvened at 10:44 a.m.

Chairman Scarborough stated the Board puts together a Legislative Package which is presented to the Legislature; but the Board has never had an opportunity to discuss, after the fact, how the individual items fit within the broader picture. He stated one thing that is significant is the agency review; and that means if there is interest in having things move forward, it will have to be done in a more timely manner.

Roberta Hodges expressed interest in funding to do research at the local level for the mentally ill; stated there are approximately 110 people in the prison system locally who are mentally ill and do not belong there; and advised of her experience with her brother who was mentally ill. She advised of the need to guard school children from drugs and to study anger. Commissioner Voltz noted she observed mentally ill individuals at the Jail who should have been in Circles of Care, but there was no room for them.

James Whitaker, President of Circles of Care, stated the funding for the jail program was cut in half several years ago; this year it is $9.2 million for District 7, which is the first increase in six years; and that amount brings the District to just under median funding. He stated 35% to 40% of the jail inmates have alcohol, drug abuse, and mental health problems; many do not need to be in jail; but there is no alternative program for them to go to. He stated there are proposals for drug court and mental health court; but once someone is sentenced to a program, it is necessary to have medication and case managers. He stated the goal is to keep people from falling through the cracks and costing the County more taxes than they should. He stated the budget for next year for ADM funding has been prepared and sent to the Governor; and they will have to send things up and ask they be squeezed in. Commissioner O'Brien inquired if there has been any attempt to utilize local hospitals; with Mr. Whitaker responding yes. Mr. Whitaker stated they work with the hospitals; the main thing is not the beds, but the funding to take care of people in the beds, and to have aftercare; and advised of lack of follow-up for the detox center. He stated they work closely with Wuesthoff which recently lowered the number of beds available because of lack of ability to get reimbursement; Florida Hospital in Orlando just converted 60 psychiatric beds to medical/surgery beds because they are more profitable; and Circles of Care runs at approximately 110% occupancy. He stated he has space for 45 more beds; they requested funding four years in row; but no funding has come, and it is a matter of cash.

Harold Koenig thanked the Board on behalf of a group of parents who are advocating changes in how to approach the drug disaster; and stated in the last six months the substance abuse problem in the community has gotten worse. He thanked the Delegation for its efforts in Tallahassee on the four proposals the Board submitted; and inquired about the two non-funding proposals, giving judges mitigating judgment on all cases involving substance abuse, and giving judges authority to order random testing of all clients on probation who may have a substance abuse history.

Mr. Spearman stated the State Attorneys did not support the first proposal; and suggested Mr. Koenig address that group. Mr. Koenig stated the group talked to the State Attorney, and understood they were strongly opposed to it, but the group is trying to address a disaster; and if what is being done is not working, something different should be tried. Mr. Spearman stated the State Attorneys are a powerful organization and speak for law enforcement; they were opposed to the concept; and it did not go anywhere because the State Attorneys did not like it. Mr. Spearman stated the second proposal failed because of cost; staff questioned who would pay for the drug testing; and he did not have an answer.

Mr. Koenig stated the group has a solution for the testing in Brevard County which would not cost the State or the County funds; but he will cover that in putting forth this issue again. He stated the group will be working with County staff on other non-funding proposals; and advised of a Wall Street Journal article which lists peer pressure on children to use drugs as the top priority problem. He stated they got nothing from the Legislature last year; and inquired how the biggest problem families have got no results. He advised of an Orlando Sentinel article on a government report on the problem of Colombia and drugs, and a Gerald Rivera documentary on the drug disaster. He stated last week the head of the Florida Department of Law Enforcement advocated the opposite of what the group is advocating; the group wants treatment not incarceration; and the FDLE wants incarceration, more jails, and forget about treatment. He advised of support of the group; and stated they are pushing for the County to have a pilot demonstration project to prove that changes to the criminal justice system can save lives and reduce crime.

Representative Posey stated the Legislature created another Circuit judgeship which is fully funded; this is the first year they did not use any tax dollars to build new prisons; and for the third or fourth year, the crime rate dropped, because they are keeping the worst prisoners in prison for at least 85% of their terms. He stated they are as frustrated as Mr. Koenig with the drug problem in the State; five years ago they never heard of a drive-by shooting in Brevard County; drugs are the primary cause of the problem; and the first step is to take the baddest of the bad out of circulation.

Commissioner Carlson inquired if Representative Posey has been in touch with the Drug Czar Mr. McDonough; with Representative Posey responding he has not. Commissioner Carlson stated since Governor Bush took office a lot of things have changed or are in the process of changing; and inquired about the restructuring of Office of Tourism and Economic Development, and local impacts for the space program. Representative Posey stated the restructuring of OTED has been favorable; there is an ongoing dialogue; and they are committed to helping with the space program. He stated they were not comfortable initially when the Governor's budget had $159 million of discretionary funding with no specific reference to the space program; but the Governor designated Lt. Governor Brogan as the lead for space, and agreed to more specific proviso language. Commissioner Carlson inquired about changes in the Department of Community Affairs and review of the Comprehensive Plan process; with Representative Posey responding he does not know about that Commissioner Carlson requested Representative Posey's perspective on the potential deregulation of the utility industry as it pertains to merchant power plants, and any action the Legislature can take to keep those companies with pollution credits out of the State. Representative Posey responded he does not think there is going to be any deregulation. Mr. Spearman advised the mere mention of electric deregulation at KSC in the middle of a 64 page bill resulted in his being called to the Senate Majority Leader's office; he was told to remove that language; the House of Representatives was just as excited; and he also received calls from Associated Industries of Florida about it. He stated deregulation will not be passed in the next session, although he will not say it will not happen sometime in the future. Commissioner Carlson stated she is curious about the perception at State level of merchant plants; and inquired if there is any way to address the companies that have pollution credits. Representative Posey responded there is concern about the merchant plants, but does not know of a policy that gives that assurance. Commissioner Carlson inquired how the Board can find out more about that; with Mr. Spearman responding he can check on it. Commissioner Carlson inquired about the effectiveness of having individual Commissioners on the Florida Association of Counties Board and as part of the lobbying effort. Representative Posey stated the Florida Association of Counties is invaluable; and the Board made the right decision in maintaining membership. He commented on the relationship between Legislators and elected officials in other counties, and resources. Mr. Spearman stated the Board's participation in FAC is essential; the FAC has a difficult job in Tallahassee; there are always two sides to every issue; and the Board's participation helps shape what the FAC does. Commissioner Carlson stated she agrees. Representative Posey advised of the Legislature's request to the federal government to not send any more unfunded mandates; and stated on the same day the Legislature passed two unfunded mandates on local governments.

Commissioner Voltz stated there was a statement earlier about the Animal Shelter setting a precedent; and inquired if the Merritt Island stormwater project would be seen the same way. Representative Posey stated sometimes when you ask for things, you get them; and he was surprised that the project is still on the radar screen. Mr. Spearman stated when this started, it was the nose under the tent, but that is no longer the case; several Legislators have the same problem; and Kirby Green of DEP is asking the Governor's Budget Office for $25 to $30 million to start a new program to take care of some of those problems. He stated there are no criteria, and the Governor's Budget Office may indicate it cannot fund this problem; $25 to $30 million is just a start; but the Department is aware of the problem now. Commissioner Voltz advised of flooding on North Merritt Island. Representative Posey stated initially it was perceived as folly to pursue that funding; petroleum cleanup was voluminous, and that program had to start somewhere; and this can become a statewide priority issue. Commissioner Voltz stated at the Florida Association of Counties, Mr. McDonough gave a presentation; the County was going to try to put together a drug summit in the October timeframe; and not enough is being done about this problem.

Chairman Scarborough stated in the past the Chairman of the Board has made a presentation; and inquired if Representative Posey sees any benefit to meeting an hour before the regular session to discuss items of general concern. Representative Posey responded it is something to think about; advised his district includes approximately 18,000 people in Orange County; there is a lot of driving time to service that population; but he expressed preference to not have that section removed from his district because he learned much from being in that Delegation. He advised of beneficial meetings with Juvenile Justice Judges. Discussion ensued on a possible joint meeting between the Commissioners and the Delegation, meetings with Judges, joint meeting with Orange County delegation, and benefits of synergy.

Representative Posey stated in the past the issue was raised that the Board did not specifically authorize him to pursue certain funding; most Legislators will pursue any funding that is available; and requested the Board's approval to pursue any source of funding for the County.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize any member of the Brevard County Legislative Delegation to pursue all possible sources of funding. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize Chairman Scarborough to contact Orange County Chairman Mel Martinez about working with Representative Posey to create a joint package, if it is to the County's advantage. Motion carried and ordered unanimously.

Chairman Scarborough requested Representative Posey also contact Chairman Martinez; with Representative Posey responding he will be glad to. Chairman Scarborough inquired if a motion is needed to pursue a round table discussion instead of the historic concept; with County Manager Tom Jenkins responding it can be worked out.

Commissioner Voltz inquired about the Juvenile Justice funding; with Representative Posey responding when the initial funding was appropriated, part of the budget had already been printed without that in it, and the Speaker of the House insisted it be included; and often the attitude of those on the committees is that their juvenile justice facilities should be funded, but others are turkeys. He stated that issue will have to be addressed every session because there is no vehicle to automatically fund the operation of any juvenile justice center, but that can change. Mr. Spearman stated because Commissioner Voltz has been going to Tallahassee, the Legislature has been funding more than the County's fair share on that issue; and recommended she continue.

Commissioner Higgs inquired about funding being moved around in the Governor's budget for drug court in this current year; with Mr. Spearman responding Pat Bean has that under control. Commissioner Voltz stated the Board should give her all the help it can.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize Lobbyist Guy Spearman to do what he can to assist in securing drug court funding. Motion carried and ordered unanimously.

Commissioner O'Brien inquired about funding for the veterans transitional facility; with Mr. Spearman responding the Legislature did not want to fund it then; and the money last year was different than what the Board will be asking for this year. Mr. Jenkins stated it is key to submit it earlier to get it in the agency budget. Mr. Spearman stated no one disliked the idea, but it was not a high priority for appropriations. Commissioner O'Brien inquired if it is a political issue about people being homeless or is it because it is a veterans facility; with Mr. Spearman responding Mr. Jenkins will be presenting the request for operational dollars next year, and the Legislature may be more amenable to that. Mr. Spearman advised of the benefit of submitting early to the agency. Commissioner O'Brien inquired about Marine Patrol staffing and funding. Mr. Spearman stated the Game and Fish Commission cannot fund anything without authorization from the Legislature; explained past problems in getting funding; and stated it may be different this time. Representative Posey stated every appropriation will have to go through the agency; and explained the process. Commissioner O'Brien expressed concern that Brevard County has a large manatee population; the State has mandated development of a manatee protection plan, and the Board has made a plan; but now the State is not being a partner. He stated it is obvious there is need for more Marine Patrol to protect the manatees; but it is not funded. Representative Posey advised Marine Patrol does more than protect manatees; they are the patrolmen of the waterways; they are trying to protect the lives of citizens; and they need to be given credit for that. He stated it is not unusual for higher levels of government to tell lower levels of government that it needs to do something, and how it is paid for is the lower level's problem; that is called an unfunded mandate; and it is unusual for the higher level of government to be a partner in that process. He stated they are trying to do what they can to make the County and State partners.

Commissioner Voltz stated during Legislative Day through the Florida Association of Counties, the Commissioners have an opportunity to speak with every Legislator, not just the County's Delegation; and recommended all Commissioners go to Tallahassee to let them know the County's needs.

Chairman Scarborough inquired if there are any questions concerning the appropriations list.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the appropriation request list.

Commissioner Voltz stated Juvenile Justice Center funding should be added.

Motion restated by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the appropriation request list, including funding for the Juvenile Justice Center.

Discussion ensued on this year's list and last year's requests.

Commissioner O'Brien inquired about the residential group care daily rate increase; with Commissioner Higgs advising that is for Country Acres. Commissioner O'Brien stated presently they receive $47.61 per day per child which is $333 per week, and they want to double that which would be approximately $700 a week per child; and that is extremely steep. Mr. Jenkins stated he will be happy to break those costs out for the Commissioners; and currently the General Fund is supplementing what is received from the State.

Discussion ensued on Country Acres, shared funding, actual amount spent per child, last funding increase, and community support.

Mr. Jenkins stated nothing was deleted from the list, but a few items were added. Chairman Scarborough called for a vote on the motion, as restated. Motion carried and ordered unanimously.

Commissioner Carlson inquired if there is anything the County is not asking for but should; with Representative Posey responding there are so many things. He advised of issues which were not specific to the requests, but were good for the County; and stated if the Board has someone looking to get the greatest amount of benefit for the County, it needs to tell them exactly that. He stated last year's appropriations list was longer than ever before, but there was nothing on there that was not realistic.

The meeting recessed at 11:56 a.m. and reconvened at 12:46 p.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 62-3204, PROVIDING FOR REVIEW OF HEAVY INDUSTRIAL SITE PLANS AND TIMELINE FOR CONSIDERATION OF PERFORMANCE STANDARDS

Chairman Scarborough called for the public hearing to consider an ordinance amending Section 62-3204, providing for review of heavy industrial site plans.

Assistant County Manager Peggy Busacca stated the Board is presented with several options, but most of them are related to the temporary moratorium on the issuance of development permits for new power plants which will expire on August 12, 1999; and the question is whether the moratorium and the performance standards should be linked together in time or not. She stated the options include considering the performance standards on August 17, 1999, five days after the moratorium expires, and inserting a provision into the ordinance to allow the new standards to be applied to those under review as of August 12, 1999; to extend the moratorium five days to coincide with the August 17, 1999 adoption date; to allow the moratorium to expire on August 12, 1999 and proceed with a performance standard ordinance, or to hold a special meeting which would allow the performance standards to be adopted before the August 12, 1999 deadline. She stated in addition Item IV.A is related to adopting an ordinance which allows for the review and approval of industrial site plans; it has been before the Board several times; and it was originally requested to be put together based upon the fact that the industrial standards were going to be developed; and the Board was concerned that some industrial uses would come in and not have the benefit of the new standards.

Lillian Banks stated the revised language says if she has a property she wants to sell that is currently zoned heavy industrial, before a buyer will know if he can build a facility for which the property is zoned, he must come to the Board for approval. She inquired why anyone would develop a site plan in compliance with the new standards, and furnish data and evidence demonstrating compliance with the review standards only to have the Board disapprove it; and stated it would be a great loss of time and money for the buyer, seller, and real estate agent. She stated the Board's concern for the 5% or more reduction of existing residential property values is laughable considering that several of the Commissioners have no regard for the depreciation of waterfront property that has resulted from the manatee boating restrictions. She suggested every time someone wants something done, they appear before the Board to ask permission; and inquired if zoning can be changed by the will of the Board, why have it. She inquired how much of the rewriting of rules and regulations is being influenced by the free software on sustainable communities the Board ordered from the Department of Community Affairs. She outlined details of the Sustainable Florida proposal. She stated Commissioners Higgs and Carlson expressed interest in implementing Vision 2000 and the importance of clean industry for Brevard County; but the first clean industry by DEP standards to come along, the Oleander plant, was stonewalled. She inquired if the goal for Brevard County is service-related businesses only; and questioned the need for the EDC. She stated the government that governs best is the government that governs least.

Charles Moehle, President of Modern, Inc., stated the way things are happening with the performance based standards, more time will be needed to examine the standards. He stated he does not think the standards or the moratorium will prevent the Oleander plant from coming because it will meet the standards; and he is concerned that the County is getting into performance based standards without proper and full consideration of the consequences. He stated there is nothing magical about August; and this should be done right. He read aloud Section H.3, "No proposed use shall be approved if it is established by competent substantial evidence, which may include expert opinion testimony, that the value of one or more existing residential homes in the vicinity of the proposed heavy industrial use is reduced by 5% or more unless the Commission determines that there is a substantial probability that any such affected existing residential homes will transition to a non-residential use in the reasonably foreseeable future"; and stated it is 100% subjective, troublesome, not professional, and should not be included.

B. B. Nelson advised of his experience selling industrial property; stated the Board is talking about heavy industrial uses; and it has allowed one zoning application to create an upheaval of all industrial zoning in the County. He stated the people who own industrial land are paying heavy taxes for no services, then the County does not allow them to use the property; under the new performance based zoning process, industrial zoning is not needed under certain conditions; and the citizens need to know that some things can be put in neighborhoods under this process. He stated the process is wrong; it will create problems for a lot of people; and recommended the Board not listen to the Chicago professional it hired. He stated it says the Board is responsible for review of all site plans of industrial uses; and inquired which of the Commissioners is qualified to review a site plan of an industrial project. He stated staff is qualified, but the Commissioners are not; and recommended that not be passed

Leonard Spielvogel, Attorney representing the Oleander power project, stated the ordinance is a terrible piece of work; and stated when a lawyer uses the word reasonable, it is because they do not know what the standard is. He read aloud Paragraph H.1; and noted it contains the word reasonable four times. He stated Oleander has become a whipping boy; a number of people frightened a lot of people; and as a result a monster has been created. He stated if someone wants to come to the County, they look for stability; the moratorium is temporary; and inquired how temporary is temporary. He stated if the Board adopts something that does not work, its hands will be tied; and suggested looking at the performance standards in a reasonable way, and giving it more time instead of pushing it through just so it will be on the books. He stated the next sentence talks about the reasonable judgment of the director and lists a number of things; but there are no standards; and there will always be a judgment made to send it to the Board. He stated Paragraph 2A says, "The applicant for heavy industrial site plan approval shall demonstrate that it meets or exceeds . . . standards"; and voiced objection. He advised of the practice of blockbusting; stated when there is panic, values drop; and inquired if that means it reasonably should drop.

Mike Stallings, President of the Forest Lakes of Cocoa Condominium Association, stated if more time is needed, the Board should extend the moratorium to meet the time needed. He stated Oleander Power Plant will put out 100 tons of pollution a year; and all of it will have to come down somewhere. He stated at a veterans memorial, Commissioner Voltz said the function of government was to protect and defend, and that sometimes government loses track of that. He requested the Board protect the population from pollution, and defend their property values. He stated he is pro-business, but the right kind of business; and advised of pollution caused by a dry cleaner and need for regulation.

Craig Bock stated he is pro-business; and he does not object to any of the businesses in the County, but he does object to a major source of pollution that does not add much to the welfare, depreciates property values, brings in massive amounts of pollution, and is of no need. He stated the Zoning Director indicated it is his job to implement whatever Mr. Kendig brings; but he thought Mr. Scott was directed to take input from the citizens and then work with Mr. Kendig to make something workable. He stated the Board will either be known as a protector of the people or not; Commissioner Carlson stated people should have public input; but it appears public input is being taken out. He requested the Commissioners represent the interest of their constituents; and stated much material has been presented, but it is being ignored. He commented on misquotes in the newspaper and lack of notice; and stated they are pro-growth in the business base and residential base while protecting resources. He stated at the LPA meeting, the business community was stepping away from an attorney who represented a major polluter; and he was pleased because it meant they understood that there is business that attracts good business, but a major polluting industry only attracts the same. He stated Mr. Scott advised there would be approximately five site plans for review per year, which is not too much for the Board to oversee; and recommended the Board direct the County Attorney and County Manager to direct Mr. Scott to formulate something specific for the heavy industrial businesses. He stated if they cannot define major pollution, they should use the terminology Title 5, major source of pollution; there is a good definition at the State level; and the Board has the opportunity to do that today. He advised of the review process; and stated the decision can be placed in the Board's hands. He stated the interim ordinance will not pass as written; the definitions are vague; and the Board has the ability to finalize it, and direct it to those who can do something about it.

Bob Wellen, Past Chairman of the Brevard County Manufacturers Association, stated his major interest is in looking at existing businesses that are in the process of seeing growth within their industrial development area; and noted they do not necessarily have to be located within the County boundaries. He stated they need to be looked at and considered; and the timeline for performance based zoning needs to be extended. He stated the August 12, 1999 date needs to be changed; they were happy to hear the presentation of Mr. Kendig; many community leaders spoke at that meeting with real interest and concerns; and most of what is being considered for performance based zoning is already part of what is used today. He recommended the timeframe be extended.

Chairman Scarborough inquired how long should it be extended; with Mr. Wellen suggesting a workshop setting so people can discuss the important issues of concern and whether this really needs to be done. He stated no one at the first two meetings where Mr. Kendig was involved had the feeling they were given enough background or time to evaluate the information presented.

Tom Berringer stated he has deep-seated feelings about extending the ability to look into this further; there are no Title 5 polluters in the County; and inquired if the Board will be opening Pandora's box by giving in to more pollution. He stated the Board is trying to do away with pollution; pollution kills; and what is happening to the rivers is a tragedy. He stated the Board should prioritize the things necessary to control the pollution; and inquired why pollution testing was not done near the site where the plant wants to locate. He recommended checking into the past records of heavy industries, especially Title 5 industries.

Ned Buffington requested the Board look at all the consequences of the issue; and stated the Board spent money to hire Mr. Kendig to share what he knows about this subject; but Mr. Kendig does not seem to be able to advise of economic impact or say whether it will be good or bad for the County. He stated at the last meeting Mr. Kendig said there was nowhere else in the United States that had a comprehensive plan such as the one he is proposing; and the Board needs to take the time and spend the money to make sure what the impact will be. He stated the zoning plan has worked fairly well for a number of years; if the rules are changed, there will not be continuity; and other economic development agencies play up this kind of thing. He stated Mr. Kendig was quoted as saying there was nothing in the plan that would keep the power plant out of the County; the performance based zoning got started because of the power plant; and inquired if passing this is not going to affect it, why would the Board want to do this in the proposed timeline. He stated someone said time has become our enemy, and this has to be done by a date certain because the moratorium is going to run out; and inquired what difference does the time make if it does not affect whether the power plant can be or not be. He recommended the Board not create something that will affect so many people without knowing the consequences just because it is in a hurry; and requested the Board not confine this to a certain period of time so all the people who want to do so can research the issue and provide input.

David Armstrong, representing the Homebuilders and Contractors Association, requested the Oleander power plant issue and the performance based zoning ordinance issue be separated. He stated he has asked for a dollar impact on a standard project, but has not been given one; he asked for more specifics, and for two or three meetings he has redundantly heard about cost of lighting for a parking lot, which is not the issue; and the issue is a new zoning base which there is not enough time to put a price on. He stated the Board needs to extend the time; Mr. Kendig was quoted as saying the new zoning proposal would not exclude the Oleander power plant from moving forward; and a dollar figure has not been put with any of the performance based zoning requirements, nor has the Board looked at where the performance based guidelines have been instituted in the United States. He stated this has put a wedge between the Board and the citizens because there is no citizen input; and it has put stress between the Zoning staff and the citizens. He stated this is changing a 40-year old plan in the County; it is taking value away from the citizens; Mr. Kendig's following with businesses is not good; and it will affect the business base of the County. He recommended the Board take four to six months to look at this issue; stated not enough residents have been told what the outcome will be; not enough developers have looked at this to see what it will do to their properties; and all of this power should not be put in one office, to write a new set of rules and change everything. He expressed concern, on behalf of over 700 homebuilders and contractors, about why this is being pushed through so rapidly; and requested this be tabled for the length of time necessary to make a value decision.

Rob Lee, representing the Homebuilders and Contractors Association, expressed concern about performance based zoning; and stated it is going too fast. He advised he has read every Ordinance change that has come along for several years; and commented on the wetland issues with the Comprehensive Plan. He recommended taking the appropriate amount of time to do this right; and stated otherwise there will be a lot of consequences. He stated industrial land takes a long time to develop; residential tends to close in around existing industrial; but industrial will be needed one day. He noted there are resolutions on the Agenda concerning Sea Ray Boats; and inquired where would the County be without Sea Ray Boats, KSC, Harris, etc. He stated the property will be needed to attract new business; and the effect will trickle down to everyone. He stated they spent a lot of time making sure all the Ordinances in the past were clear and concise, with limits to the amount of discretionary powers of staff members; and recommended the Board schedule workshops to go through drafts of the proposed ordinance. He stated the devaluation criteria are not appropriate because residential will tend to close in around the industrial areas; the residential property around industrial is almost always cheaper, which may spur residential development; and it takes a long time for big businesses to come in and set up. He recommended the Board protect the industrial areas and their usefulness.

Rick Wolfinger, Project Manager of the Oleander Power project, stated there were a lot of conversations earlier about funding needs; industrial development provides a great deal of tax base with very little services; and in the case of the Oleander project, it would be $3.4 million. He stated there will be some impact; all development has impact; if 300 new cars were a point source, they would be a Title 5; this has been used as a scare tactic; but the Board is not going to say it does not want to register 300 new cars in the County. He stated Sea Ray Boats is a Title 5 industry; it produces over 450 tons of organic compounds that create ozone; but they work well within the guidelines of the State and federal governments. He stated a comment was made earlier that government is here to protect and defend; and that is what the EPA and Florida Department of Environmental Protection do; they come up with and refine standards to make sure new industry meets standards that are clean and healthy and have no impact on the health and welfare of the community. He stated the power plant will emit; every development emits; every development uses water and sewer; and if the Board continues to say one industry is clean and the other is not, it is going to be hard to figure out what the impacts are. He stated they did an alternative analysis that said $200 million worth of business parks in research and development has no air emissions, but it used 20 times the amount of water the power plant will use, and created over 30 times the amount of effluent; and inquired if that is the right industry or not. He stated people are confusing the issues and the impacts; he has a clean project; State standards are important; and the Department of Environmental Protection maintains very close standards. He stated there was a question about deregulation; but the legislation was about retail deregulation not wholesale deregulation; and wholesale deregulation is allowed by the State and federal government. He stated there is a concern about retail deregulation; but merchant plants are allowed by federal law and the Interstate Commerce Commission. He stated Harris relocated a large facility into Pennsylvania because it had lower electric prices; so it does have an effect. He stated they support zoning; zoning is important; he lives in Columbia, Maryland which is a planned community; there is industrial all through the community, but it cannot be seen; and they use many of the techniques Mr. Kendig talked about in terms of buffering, noise control, and lighting. He stated more people commute into Columbia, Maryland than commute out of it because of the jobs; and industry can co-exist effectively.

Mike Moehle, President of Citizens for Constitutional Property Rights of Brevard, stated the Board and the people have a right to know when employees and representatives of Florida Power & Light are addressing the Board on this issue; that has happened at least once today; and he would hope those people will be as adamant about pollution when the Board takes up the subject of emissions from the FP&L Port St. John plant. He stated the Board is taking an Ordinance which property owners can understand and changing it so they can never know their status until after they go before the Board and get a decision based on a myriad of subjective standards. He stated to find out whether something is permitted or not permitted will require the expenditure of tens of thousands of dollars on the part of the property owner or the buyer. He stated one of the primary functions of a business manager is to eliminate risk; and by changing the Ordinance so there are subjective standards, businesses will decide to go somewhere where they will be assured that after they go down the path, they will not be denied. He stated the injection of subjective standards hurts property owners who pay substantial taxes, and it may restrict growth.

Jeff Peters stated the BCMA has taken great interest in this process, primarily as it impacts the existing business base; the proposed standards do not address what would happen to a current business attempting to expand; and that is one of the main issues. He stated no one is performing a cost-benefit analysis on what the impact of the standard will be; and no one has compared the existing Ordinance against the proposed ordinance to show what it will cost the taxpayers, the Board, businesses coming in, existing businesses, people who own property for industrial development and the benefit the community will derive. He requested the Board take the time to seriously consider all the issues. He stated perception has gotten the Board into this issue; if someone says power plants, people see smokestacks with smoke spewing out the top and bad air; and the perception is if there is a very stringent zoning requirement, businesses will not consider the County a good place to locate. He stated everyone wants services and a stable tax rate; and an industrial base is needed to do that.

Anita Cragg, First Vice President of the Homebuilders and Contractors Association of Brevard, stated she owns a small homebuilding company, and has developed residential and commercial properties in the County for a number of years. She stated she attended one of the meetings to learn more about the proposed performance based zoning; and when she left the meeting on June 22, 1999, she felt not only had she learned very little in terms of specifics, but that the consultant, staff and the Board appeared to be rushing the process. She stated there are already performance based standards in the Zoning Code; when they build multi-family next to single family, there are buffer zones, height limitations, setbacks, etc.; and those are all performance based, even though they are not labeled that way. She stated adopting performance standards could allow flexibility in locating certain businesses, shorten the time needed for the review process, and eliminate rezoning; however, cost evaluations should be done to study the impact the new zoning standards will have on new and existing businesses. She stated a concern is making current businesses nonconforming which will hinder their ability to obtain financing for expansion or sell their businesses; this happened when the Comprehensive Plan was amended for the South Beaches; and those issues need to be addressed. She stated the key to performance based zoning is in the details, and the people have not been able to get information on what the standards will be or how they will be enforced; to be effective, the standards have to be specific, measurable, and enforceable; and even if everyone agrees that adopting performance based zoning will be an improvement to the current system, the process of writing the standards should not be rushed. She stated there are currently Codes that cannot or are not enforced due to lack of equipment or manpower; inquired why write new standards that cannot be enforced; and advised of the need for evaluation of equipment and manpower to enforce noise and emission standards and commitment of the Board to fund Code Enforcement. She stated changes to the Zoning Code should not be a knee-jerk reaction to the Oleander plant; the process should allow sufficient time for taxpayer input; and an August 12, 1999 deadline does not allow sufficient time for staff to draft zoning performance standards that are specific, measurable, and enforceable, and allow time for taxpayer review or input.

Chairman Scarborough stated he appreciates the comment about the details.

Marlene Waters stated the Board has lost sight of what it originally intended to accomplish when the moratorium was first initiated; the Zoning Code has been in place for 40 years, but did not anticipate a power plant; it has always been regulated by the State; and there were no provisions for public input or protection of the health, welfare and safety of the residents. She stated the intent was to try to work those things into the Codes and make sure the tradeoff is okay. She stated someone mentioned Harris, Sea Ray Boats and KSC; she imagines they are polluters; but they are the employment base. She commented on the comparison of cars and power plants. She stated she faxed the Commissioners suggestions on the site plan review ordinance; the words "reasonable" and "unreasonable" are difficult to understand; staff and the Board would have to make that determination; and it would be difficult. She stated the ordinance should not be a temporary thing, but should be permanent; a major polluting industry wants to locate in the County; and the Board needs to make sure the benefits, etc. will worth the tradeoff to the pollution. She stated the site for any large major polluting facility needs to be consistent and compatible with surrounding uses; the Zoning Code is 40 years old, and long overdue for a major overhaul; but the Board should not rush into it. She stated when the County hired Mr. Kendig, staff was directed to hire him to get advice on performance thresholds; now it has changed into a new way of zoning; and that takes time to insure it will work for the County. She recommended the Board do what it intended in nailing down some thresholds, determining what everyone wants the County to look like, and deciding whether major polluters are wanted here or high tech industry with a lot of jobs. She advised even the State recognizes that any power plant will have a significant impact on the welfare of the population; that is why there are State rules; but some of the merchant plants do not have to follow those rules. Bart Powell, member of the Brevard County Manufacturers Association, stated he is employed by the Florida Manufacturing Technology Center which provides consulting services to small and medium manufacturers, funded by the federal government and by Enterprise Florida; and its mission is to help small and medium manufacturers grow, become more profitable, and employ more people. He expressed concern that if the process is rushed, it can hurt the growth of employment in the County; and requested the process be slowed down. He stated it is not possible to do a decent, objective cost-benefit analysis between now and August 12, 1999; if the Board takes the proper number of months, it will find out who is going to pay the cost and who is going to receive the benefits; and then equitable judgments can be made for all of the people of the County.

Bob Jensen, representing the Melbourne-Palm Bay Chamber of Commerce, stated he has written each of the Commissioners a letter about the impact performance based zoning will have on the County in terms of economic development; and recommended the Board take more time. Chairman Scarborough stated the Commissioners are at a disadvantage; they are trying to see what Mr. Kendig is giving them; the ordinance is for the County; and just taking something and rubber stamping it would be a disservice to everybody. Mr. Jensen suggested taking whatever time is necessary to look at the details and research those areas where Mr. Kendig's performance based zoning standards have been implemented. He stated Mr. Kendig has a website; most of the areas where Mr. Kendig's ideas have been implemented are exclusively residential, smaller, upscale communities; none of them are counties; nowhere has a county implemented these standards; and some communities have not welcomed Mr. Kendig back and have reversed the decisions they made. He stated it is possible to research, given appropriate time frames, to determine the value; cost-benefit values need to be done, but they would only be estimates; and it is possible to look at areas where only part of Mr. Kendig's plan was implemented and see that it was a failure, and the communities have backed away from it. He suggested appointing someone neither for nor against the issue to do the homework to see how others have reacted to these things. He stated it would probably take a good while to do that; to be bound by the August 12 date is inappropriate; and the speakers have agreed that the process should be slowed down.

Pat Hartman stated one of the previous speakers said three to five businesses would be affected each year by the ordinance; and inquired if there has been any analysis to see if that is how many would be affected. She stated the number of businesses affected would be part of an overall cost-benefit analysis; and suggested looking at that. She inquired if this would not affect businesses such as the Oleander power plant. She read aloud from the Agenda Report, "The Board authorized preparation of an ordinance that would allow the Commission to review heavy industrial site plans under general performance standards and Comprehensive Plan policies pending preparation of a final performance standards zoning ordinance"; and advised the ordinance does not contain a sunset provision. She stated having more public input into the process would be useful; the history of zoning in Florida was that elected bodies listened to the public and developed criteria; and there was no general standard to go by. She stated over time zoning seems to be based more on rational decision making and objective criteria; and the proposed ordinance is subjective and vague. She stated the Board needs to look at making the ordinance tighter if it is going to use it; and it seems to be taking a step backward to the subjective past of zoning, which is not something the County should do.

Chairman Scarborough advised the Board is discussing two things; the first is an interim measure which people are saying is subjective; and the other is the performance standards which could remove the public from the comments because it is much more objective.

Sandy Pfrimmer, representing Melbourne-Palm Bay Chamber of Commerce, advised surveys of the almost 2,000 businesses the Chamber represents indicate they want undue regulations eliminated; and requested the process be slowed down so everyone can take a good look at what is being done. She stated the Board is rushing into doing something based on an August 12, 1999 deadline; the people need more details to be able to say yes or no about this; they need information on the financial impact and grandfathering in of existing businesses; and letters outlining concerns were sent to the Commissioners on Friday. She stated research shows that no other area in the country has implemented performance based zoning successfully; and requested the Board look into that as well as Mr. Kendig's background. She stated the Board funds the EDC which is capable and successful; and even the perception of having this zoning will hinder the EDC's job in recruiting industry.

Roger Heinig stated he shares the concern expressed by many others that the development of a broad ordinance is being driven by the construction schedule of a single proposed project; and stated a solution can be fast or high quality and economically effective. He stated if speed limit laws applied to all cars except those that get less than 15 miles per gallon, anyone who wanted to drive recklessly would buy a gas hog; that would be a dumb law; but in Florida there is a law for power plant siting which is an anomaly. He advised technology exists today to build combined cycle power plants that are highly efficient and low polluting; they can burn clean natural gas in a gas turbine, then use the exhaust heat from that process to power a steam turbine; and such plants are much more efficient than simple cycle gas turbines that dump their high temperature exhaust into the atmosphere as waste heat. He stated because they are so inefficient, simple cycle gas turbines can be operated economically only as peakers to supply power only when the price is very high; lacking long-term gas supply contracts based on steady demand, they often are forced to burn oil; and this produces many times the pollution levels associated with natural gas. He inquired why with all those disadvantages anyone would want to build such a plant; and explained the answer lies in the Florida Power Plant Siting Act, which requires "balancing the increasing demands for electrical power plant location and operation with the broad interest of the public," but it applies only to steam or solar electrical generating facilities. He stated if someone wants to build a power plant that is not consistent with public interest, he would be well advised to select an inefficient high pollution simple cycle gas turbine design because by doing so, he would not need to comply with the requirements of the Florida Power Plant Siting Act. He stated some would argue that the Board has no power to protect the citizens of the County from this sort of opportunism; but in Section 403510 of the Siting Act, the State pre-empts the regulation and certification of electrical power plant sites and electrical power plants as defined in the Act; and it is defined as meaning any steam or solar generating facility; so it is clear that the State has not pre-empted the Board's authority to regulate electrical generating facilities other than steam or solar. He urged the Board to exercise its authority to insure that all large electrical generating facilities in the County are built and operated consistent with the public interest; and stated this can be accomplished by amending the Zoning Ordinance to provide that "all electrical generating facilities that are not subject to the provisions of the Siting Act must demonstrate that the location and operation of the facility meets the broad interests of the citizens, and certification as a result of elective application according to Section 403506 of the Florida Power Plant Siting Act shall constitute sufficient demonstration that the public interests have been satisfied, and in the event the agencies identified in the Act are unable or unwilling to accept and process an elective application, County staff shall perform the evaluation of public interest following as closely as possible the standards and procedures of the Siting Act." He stated he was pleased to hear Mr. Wolfinger speak favorably about the State standards because the Department of Environmental Protection is the agency responsible for administering the Siting Act; and he hopes Constellation welcomes the proposal as a fair way to assess the public benefit of its proposed plant as well as other electrical generating facilities that may want to locate in the County.

Douglas Sphar submitted paperwork; and stated a lot of people from the business community have been reacting to the performance zoning proposal. He stated a lot of people are expressing a common human trait which is comfort in the status quo and fear of sailing into new waters; and some are protesting without even hearing the details. He stated no other County is like Brevard; it has special needs which require a special plan; and the power plant was the catalyst that brought forth the idea that the current Code is obsolete. He stated he hopes the Board has the courage to continue to rise to the challenge; Mr. Kendig's code may not be the right one; but everyone recognizes that something new is needed to continue the economic growth. He stated the Research Triangle has performance site zoning; and it is one of the most successful places in the country in attracting the kind of high tech industry the County would like to have. He stated there are a lot of deficiencies in the interim ordinance; commented on the Title 5 issue; advised tons per year is a reasonable criteria; and Title 5 performance standards are a good place to start. He stated the word reasonable appears many times; Blacks Law Dictionary defines the word as "fit and appropriate to the end in view" and "suitable under the circumstances"; and in looking at the interim code, someone should be looking at the heavy uses to determine whether they are fit, appropriate and suitable for the characteristics of the surrounding community and compatible with the future direction of the County. He requested the Board continue to come up with new codes and put in place an interim industrial use filter to keep out possible polluting industries or any other industry not compatible with the long term vision until a permanent code is in place.

Chairman Scarborough stated another card was submitted with comments; the Board normally does not read comments; and passed the card down to the other Commissioners.

The meeting recessed at 2:10 p.m. and reconvened at 2:30 p.m.

Gary Cunningham stated his experience with over a million square feet of industrial buildings is that it is necessary to annex into a city every time they buy a piece of County land because they cannot get financed if they do not have sewer. He stated he has been here 18 years, built over a million square feet for 127 industries, and he has never had a phone call from anyone complaining about any of this. He stated they are not having problems, and things have been worked out in the past.

Commissioner Carlson stated she agrees the process should not be pushed unnecessarily; and the moratorium should die a normal death. She stated the August 12, 1999 date should not have anything to do with the effort the Board is trying to deal with on the performance based zoning side; the Board does not have all the details or the ordinance in front of it; it does not know how it is laid out; and it may be that performance based zoning is not needed, but existing standards need to be beefed up. She stated when Oleander first started the real issue was there were no safeguards in the Code, and the Code needed to be reviewed; and the Board is stuck in this position because it did not have standards that could have been applied to a power plant. She stated Oleander came in, and all the Board did was make them do some homework for the good of the public. She stated the Board needs to beef up the standards; she is not sure how to do that; and the Board needs to have a workshop with Mr. Kendig to get to the details and have all the questions from all the concerned organizations and business entities. She stated she would like the Board to direct staff to compile a list of questions and concerns from all parties, and provide those to the Commissioners prior to the workshop so the Board will know what the people are thinking and be able to handle the issue in a more proactive way to try to reduce the panic that has set into the business community due to a lack of information. She stated she wants to insure everyone is educated enough so this can be approached sensibly and slowly no matter how long it takes. Commissioner Carlson stated there were specific questions that were brought up with Mr. Kendig which were not answered; and recommended going through the effort slowly and methodically with no premature deadline based on a moratorium. She stated her preference today would be to go with option 1 which is to consider performance standard ordinance on August 17 or somewhere thereafter, and insert provisions into the ordinance allowing the new standards to be applied to industrial site plans under review as of August 12, 1999. She stated after review of the Oleander information, because the Board did not have the level of standards, it cannot do anything about Oleander building; and Oleander has bent over backwards to exceed existing standards. She stated she asked Mr. Kendig how Oleander compared with any performance based zoning standards he might come up with, and he said there was no question Oleander would go in under those standards. She stated Ms. Cragg said if it was not going to make a difference, she could not see why the Board would hold up the works for the moratorium; when August 12, 1999 gets here, the moratorium will be lifted; and discussion on August 17, 1999 will be about the binding development plan for that site to make sure everything is correct. She stated in considering the performance based zoning and heavy industrial site plans, she discussed with the County Attorney whether there is another way, other than a temporary ordinance, to direct staff to include language in the site plan for an approval process so if there is public concern people have an ability to come forward. She noted there are two other projects in her District other than Oleander that have people concerned, but they feel they have no ability to come forward to talk about it; and if the Board can avoid the perception of micromanagement the ordinance might imply, that may do everyone a favor.

County Attorney Scott Knox stated provisions governing performance standards as they apply to industrial are interpreted and ruled upon by the Zoning Official and the people who review the site plans; and since there is one standard in the performance standard area that is very broad, if there is any problem in interpretation or in applying the standard to a particular application for development approval in the industrial area, the site plan could be brought before the Board for interpretation of that standard as it applies to the site plan. He suggested the specific language, "If the staff reviewing a site plan is in doubt about interpretation or application of any performance standards set forth in this section the staff shall seek interpretation from the County Commission at a duly noticed public meeting"; and that would take the interpretation authority out of the hands of the Zoning Official and put in the hands of the Board.

Commissioner Carlson stated that would allow public input if there were any concerns in a particular Commissioner's District. She stated the reason the Board could not adopt the Florida Power Plant Siting Act is because the County did not have the standards in its Zoning Code when Oleander came to be; that leaves the Board in a difficult legal scenario; but there is nothing to say the Board cannot adopt the Power Plant Siting Act standards in a performance based scenario. She stated in terms of the public interest, the Board should not allow anything but the best possible technological advances in terms of power generation; and if the Board can insure that is part of the efforts, the general population will be pleased with the end result.

Commissioner Voltz stated she agrees with Commissioner Carlson in terms of the August 12, 1999 deadline; the Board should let the moratorium die; and it is a separate issue. She stated she disagrees with option 1 because it is far too aggressive; it is pushing things too quickly for the community; she cannot say performance based zoning is horrible because she does not know; the Board has not been given any information; but she does know there are many questions. She stated the string that ran through everybody's conversation was the time line, and why this is being done so quickly; and there is no reason for it. She stated the Board still does not have a sign ordinance even though it was dealing with it before she was elected; and to do this ordinance in a couple of weeks is incredible. She stated no one knows how this will affect the community, especially economic development; and indicated her lack of qualification to review site plans. She stated she likes option 3, to allow the temporary moratorium to expire on August 12, 1999 and proceed with the performance standards ordinance irrespective of said moratorium; the Board should take whatever time necessary to figure this out; and in the end, the Board may decide performance standards are good or bad, but at least it will have the benefit of everyone's input. Commissioner Carlson agreed with option 3; noted it should proceed slowly and methodically. Commissioner Voltz recommended not putting a time line on it, but taking whatever time is necessary to do it right.

Commissioner O'Brien stated the concept of performance based zoning is beautiful; he likes the entire idea; and advised of a small family business on Merritt Island which the Zoning Code insists must be in an industrial zone. He stated three or four years ago, the Board said it should be able to allow certain industries to go into closed grocery stores and be able to do manufacturing rather than allowing them to stand empty; and he wants the Board to go through the thought process at all levels Countywide, not just heavy industrial. He stated he does not want the Board micromanaging zoning; he is not a zoning expert; that is what the Board pays staff to do; and the Board has to let staff do its job. He stated if staff comes back to the Board with seven out of nine items that it does not want to handle on its own, he may go to the County Manager to get new people in Zoning because otherwise the Board is going to be looking at site plans, environmental law, etc; and he does not want to travel that route. He stated he wants this kind of zoning to be clear and the powers of staff to be clearly delineated; he does not want to strip the Board of its obligation to the public; but he does not want to get deeply involved in little parts of the site plans. He stated he is not in a hurry; he can think of several ordinances that go back four years, and the Board is still talking about them; so the Board should not be rushing through this. He stated he supports option 3; the Board should give staff a goal; and suggested an interim report by December, 1999. He stated he is concerned about the Oleander plant; the Board has expended a great deal of energy in supporting the wants and needs of the adjacent property owners; and he is not satisfied that this has come to that conclusion yet. He stated he cannot support a motion to let the moratorium expire.

Commissioner Voltz stated this issue came up because there was no public hearing process to deal with what was happening; through the performance based zoning there is still no public hearing process; and that is what she has a problem with because if something is going up in your back yard, you have no say in it. She stated there is not much the Board can do; Oleander has the correct zoning; and it is incumbent upon the people buying homes to look at what the zoning is around the home. She stated if there are issues that can be addressed by a binding development plan, it would bring all that into play; and the issue she has with performance based zoning is that for the most part it does away with the public hearing process, and ends up like the CUP's which the Board has problems with now.

Commissioner Higgs stated the Board is getting confused about site plan review standards and performance zoning standards; the only issues before the Board today are setting a time frame and whether the Board wants to do site plan review at this level; and she would not support item 4A which would be the Board assuming responsibility for site plan review. She stated if the Board goes fast, people think it is going too fast; and if it goes slow, people think the Board is dragging its feet. She stated sometimes it is necessary to build a momentum to make a change; the Board has built up some momentum for looking at a change; and the Ordinance needs to be changed because it has been sitting around for at least 40 years. She stated some changes are needed in site plan review standards and in zoning standards review; the standards the Board is looking at came before the Snyder and Jennings cases which impacted the Board; and it is time to look at those. She stated the Board will not know how fast it needs to move until it has the workshop on July 12, 1999 when it really starts looking at the ordinance and decides whether it is too dramatic a change to move forward quickly; and she likes a schedule that is consistent with option 4. She stated if the Board moves forward under option 4, it can choose to have some things in place prior to the expiration of the moratorium, and she will vote no on the ordinance to bring the industrial site plans back to the Board. She stated definite standards are needed; they need to be clear enough for staff to do the reviews; and for the Board to review the site plans is not the right way for government to work. She stated she supports option 4, moving forward to look at the standards with the information before the Board and an opportunity to discuss it on July 12, 1999.

Commissioner Voltz stated she could support option 4, if the Board did away with the July 19 and 27, 1999 meetings because the Board will not know anything until the July 12, 1999 workshop; but she does not favor adding the other two meetings when the Board does not know what will happen. Commissioner Carlson stated the Board could set the time line on July 12, 1999. Chairman Scarborough stated the Board does not know enough at this time to make a time line; and he does like the provision in option 4 for a separate Board meeting.

Commissioner O'Brien stated the Board is having a workshop on Monday; and inquired how that happened; with Commissioner Voltz responding she is going to be out of town. Discussion ensued on the date of the meeting and whether the workshop is necessary.

Motion by Commissioner O'Brien, to reschedule the July 12, 1999 workshop later in the month. Motion died for lack of a second.

Chairman Scarborough inquired if the Board will be ready for a workshop by July 12, 1999. County Manager Tom Jenkins advised the Board will not have the ordinance then, but will have the data. Assistant County Manager Peggy Busacca advised she has a report from Mr. Kendig that just arrived; it is not in the form of an ordinance; but it is Mr. Kendig's recommendations in a memo format; and it will take several weeks to get it into an ordinance format.

Discussion ensued on having options instead of a finalized ordinance, forming an informational advisory board, the visioning process, adding the workshop to the Budget workshop on July 22, 1999, and looking at data on July 12, 1999.

Chairman Scarborough inquired if the Board goes ahead with the July 12, 1999 workshop, is it possible to get the information out to the interested parties in a timely manner; with Ms. Busacca responding staff can mail it today. Ms. Busacca inquired if Chairman Scarborough means the 300 people who were notified for the first meeting, or the people at the meeting today; with Chairman Scarborough responding the 300. Ms. Busacca stated the data is approximately 20 pages; and staff probably cannot get 300 copies in the mail in two hours. Chairman Scarborough inquired if they could be mailed tomorrow; with Ms. Busacca responding affirmatively.

Discussion ensued on people reviewing the document, time for research, and workload of the Board.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to take no action on the ordinance providing for review and approval of industrial site plans by the Board. Motion carried and ordered. Commissioners Scarborough, Higgs, Carlson, and Voltz voted aye; Commissioner O'Brien voted nay.

Chairman Scarborough inquired if there would be enough time to do the workshop on July 22, 1999; with Mr. Jenkins responding he would not recommend that. Mr. Jenkins stated staff will give the Commissioners the budget later this week; there are two workshops scheduled to discuss the budget; and it will be rushing the Board to try and hold another workshop on the same day as a budget workshop, particularly on an issue of this magnitude. Chairman Scarborough inquired about holding the performance standards workshop first, and then going to the budget workshop; with Mr. Jenkins responding the Board can do that, but there are only two workshops scheduled on the budget. Commissioner Scarborough stated the meeting could run into the evening on the budget if necessary. Mr. Jenkins stated there is a deadline for the budget; the millage has to be set in late July; and the Board needs to consider at what point its productivity declines after so many hours in session.

Commissioner Higgs inquired if the Board made the decision to go forward with the July 12, 1999 workshop today, it could then determine if it wanted to go into the advertisement of any kind of ordinance; there have to be two public hearings, with one meeting after 5:00 p.m.; and inquired about the advertisement requirement; with Mr. Knox advising ten days in advance. She stated some of the fear of the ordinance is that they do not know anything definite; there are no details; but rather than backing off, the Board should go forward with the scheduled workshop. Commissioner Voltz stated she cannot support that. Commissioner Carlson stated she will support meeting to get the information and possibly setting a time line at that point. Commissioner O'Brien stated he is opposed; and the Board is on a freight train flailing away down the rails, for no good reason. He stated he does not hear a tremendous public outcry or a big fear; the fear is lack of information; the public is not afraid of trying something different; but the desire is to take one step at a time and do it right. Commissioner Higgs stated if the Board meets on July 12, 1999 to get the initial information at least people will be dealing with the real details. She stated in some people's eyes these kinds of performance standards are better for the business community; they define the standards; and there are positive things for the quality of life of the community and the business community. Commissioner O'Brien stated he would like the public to have a copy of the paperwork; they can call his office to talk about it; and the Board can meet on July 22. Chairman Scarborough stated the July 22 date is presenting a problem; and inquired if there is another date the Board could look at. Commissioner Carlson stated the Board could look at the July 12, 1999 meeting as being an information gathering meeting; and that way they would not have to mail out all the paperwork, but could present it on Monday. Chairman Scarborough, and Commissioners Higgs and O'Brien indicated desire to have the paperwork mailed out. Commissioner Carlson stated the advantage is to get the information out to the public, and the sooner the better.

Discussion ensued on a date for a workshop.

Ms. Busacca advised the intent of the July 12, 1999 workshop was to allow Lane Kendig to make a presentation and answer questions; and if the Board wants Mr. Kendig to attend the workshops, staff will have to check with him on his schedule. Chairman Scarborough inquired if the public would be able to participate and ask questions; with Ms. Busacca responding affirmatively. Chairman Scarborough stated he does not see what is wrong with July 12, 1999 if it is already scheduled; if the Board has to come back for another workshop, it will make the secondary workshop easier; and inquired if it would be helpful for the Board to have more than one workshop. Commissioner O'Brien stated the people have not even seen the initial presentation. Chairman Scarborough stated Mr. Kendig is going to make a presentation.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to affirm the scheduling of the July 12, 1999 workshop to hear comments from Consultant Lane Kendig to get the details on the performance standards.

Commissioner Voltz stated if the workshop is only to get the details and the Board is not making any decisions, it is all right.

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

Commissioner Voltz inquired if the Board is doing option 3; with Commissioner Higgs responding the Board is waiting until July 12, 1999 to get more information.

Motion by Commissioner O'Brien, to approve option 3, to allow the temporary moratorium to expire on August 12, 1999 and proceed with performance standards irrespective of said moratorium. Motion died for lack of a second.

Commissioner Voltz stated option 4 with the July 12, 1999 workshop date is fine; and if the temporary moratorium expires on August 12, 1999, then that is the way it should be. She stated it says to add a new Board date and adopt the performance standards ordinance, which the Board is not going to do. Commissioner Higgs stated the Board did not say it was not going to do that; it said it was going to have a workshop on July 12, 1999. Mr. Jenkins advised the Board is not limited to those options.

Ms. Busacca requested clarification on whether the Board wants the staff to mail out Mr. Kendig's material or simply have it available; with Chairman Scarborough responding mail it out.

Commissioner Voltz stated she liked Commissioner O'Brien's motion, but it is not going anywhere. Chairman Scarborough stated the Board can reconsider his motion on Monday, and see how the community is or is not coming together.

Mike Stallings inquired if the Board is not going to tighten up the Ordinance on heavy industry or do anything about Oleander power plant. Commissioner Higgs stated the Board has not made a decision; but it is going to meet on July 12, 1999 to see what the standards are and what the Board can do to proceed. Mr. Stallings stated Mr. Kendig's standards will not have any impact on Oleander Power; alternate motions have been presented today; and inquired if there is to be no consideration of those motions. Chairman Scarborough inquired which motion is Mr. Stallings referring to; with Mr. Stallings responding Marlene Waters and Roger Heinig each made one, and he is not sure whether Craig Bock made one or not. Mr. Stallings stated the suggestions were about site planning and the fact that the Board has the authority from the State to do site planning on power plants. Commissioner Carlson stated she does not know if the Board wants to consider adopting Florida Power Plant Siting Act on a temporary basis until it gets through the performance based zoning effort for anybody who comes down the road; that is what the ordinance was supposed to do; and that would alleviate any kind of micromanagement by the Board, but would provide some standards. Mr. Stallings stated the reason for the moratorium was to give the Board an opportunity to adopt some zoning standards; and inquired if the Board is doing that. Commissioner Carlson stated the Board is in the process. Commissioner Higgs stated the Board will see on July 12, 1999 where it is with the information that will be presented to it; the Board does not know the details; but it will receive paperwork today, and have a presentation on July 12, 1999. Mr. Stalling expressed concern that the Oleander issue is being lost in the whole zoning thing.

DISCUSSION OF BEST AND FINAL OFFERS FOR PROPOSAL #P-1-9-17R-, RE: VOTER TABULATION OPTICAL SCAN SYSTEM

Supervisor of Elections Fred Galey stated the vendors have the equipment set up at his office. Chairman Scarborough inquired if the Board should recess the meeting or stay in session to go and look at the equipment in Mr. Galey's office. Discussion ensued on the proper procedure.

The meeting recessed at 3:20 p.m. to allow the Commissioners to view the election equipment; and reconvened at 4:08 p.m.

Mr. Galey advised the machines are from Global Elections, Sequoia Pacific, and ES&S; but the ES&S equipment is not and has never been certified in the State of Florida. Commissioner Higgs inquired if Mr. Galey is referring to the counters; with Mr. Galey responding the precinct counter and the central counter.

Commissioner Voltz inquired why is the Board wasting its time; with Mr. Galey responding because the demonstrators did not listen. Mr. Galey stated what ES&S bid was equipment that is nearly identical to Sequoia Pacific's, but they bid it as buy this and we'll switch if we ever get it certified. Commissioner Voltz stated the Board does not need to look at it; with Mr. Galey advising he agrees. Keith McGinnis, representing Election Systems and Software (ES&S), stated since the last meeting he sent out two different pieces of information to each Commissioner with copies to the Purchasing Manager and Mr. Galey; there is not a system being considered that is certified in the State; Global Elections has been selling uncertified equipment for the last two years; three out of the last four customers received uncertified equipment; and the Division of Elections has written a letter advising if these issues are not straightened out by August 31, 1999, Global Elections will be decertified in the State from selling anything. He stated ES&S had the Eagle system already certified; they applied for certification on the ES&S 100 and 550 models; and they are asking for the same playing field that the Board is allowing Global and Sequoia Pacific. He noted none of the three systems is Y2K compliant.

Commissioner Voltz inquired how can some of the systems be used in Orange County. Purchasing Manager Joellen Moore stated she asked the State which systems were compliant since she received conflicting information from the vendors; a letter dated July 2, 1999 from Paul Craft, Division of Elections said all systems had previously received certification and are all undergoing current certification again; the system that is proposed today by ES&S is not the one the company originally proposed; and what the Board is seeing, whether certified or not, is not what was proposed and not what the County would be buying.

Mr. McGinnis stated in their first response to the RFP, they proposed that if the Models 100 and 550 were not certified, the County accept the Eagle, and it would be replaced at no cost with the Models 100 and 550, when certified. He stated this is the latest and greatest technology; it is two years old versus ten and twelve years old; the County wants the latest and greatest; and that is what ES&S brought forward. He requested the County give ES&S two months; and if they are not certified in two months, the County can tell them good-bye. He advised ES&S is still $250,000 lower than either of the other systems.

Chairman Scarborough inquired when will the systems be certified; with Mr. McGinness stating they have applied, and scheduling for acceptance testing will begin on July 12, 1999. Ms. Moore noted the information does not indicate whether it is the system ES&S has today that is being applied for certification; it could be an upgrade of the current system ES&S is selling; and she has requested clarification, but has not heard back yet. Commissioner Higgs inquired if the system ES&S proposed is currently certified; with Ms. Moore responding all of the systems are going through certification review at the current time. Commissioner Higgs inquired as of today were they all certified, but their certification expires on various dates; with Ms. Moore responding that is correct. Commissioner Higgs inquired if the system they proposed is the older system that was certified, and not the one they have today; with Ms. Moore responding yes. Commissioner Higgs inquired if in their best and final offer, ES&S substituted the system they are showing today. Ms. Moore responded ES&S said it would give the same consideration and price for the new system once it is certified; but she does not know if that has been accepted for testing; and as of June 17, 1999, they had not applied for testing according to the State. Chairman Scarborough inquired when ES&S anticipates the system being certified; with Mr. McGinnis responding the system has been through the Wyle Laboratory; it is sitting at Nichols Laboratory because software changes were made; Nichols certifies only software; and according to Mr. Craft, once it comes out of Nichols Laboratory, it is nothing but a formality for the system to be certified; and it will not have to go through any additional testing. Chairman Scarborough inquired when will that happen; with Mr. McGinnis responding he cannot give an exact date; and that is why he will ask to extend the date. Mr. McGinnis stated the testing starts on July 12, 1999; and he does not know how long it will take. Commissioner Voltz inquired if Ms. Moore said the testing does not say it will be on the displayed machine; with Ms. Moore responding that is correct. Chairman Scarborough noted it did not say it was not the machine either. Mr. McGinnis inquired why spend an extra $250,000 for old technology when the County can wait a couple of months for the newest technology on the market for $250,000 less; and advised of a sale of 2,000 units by ES&S to Toronto which is in Global's back yard. He stated it is not based on price, but on service and product; and Toronto had an independent testing authority do the whole works. Ms. Moore advised she contacted Mr. Craft on June 17, 1999, and ES&S had no testing scheduled at that time; and that is the second round of testing. Chairman Scarborough inquired if there is someone else who should be contacted. Commissioner Higgs stated the letter from Mr. Craft says that ES&S has applied for certification of new configurations of all products with upgrades to software, firmware, and compliance with Y2K, and certification testing is scheduled to begin on July 12, 1999 and should be completed this summer. Ms. Moore stated she requested clarification but has not gotten a response back, so she does not know if it refers to the current product or the product being shown today which was not bid in the original bid. Commissioner Voltz stated she is not sure it is fair for someone to come in with a new product; it was not the original proposal; and she does not see how the Board could accept something outside the original proposal. Commissioner Higgs advised she is not arguing for anybody's product, but the last meeting allowed each vendor to come back with a best and final offer; and the offer of ES&S is to go to the newer product at the price specified for the original product. Commissioner Voltz stated she would have thought the best and final financial offer. Commissioner Higgs advised there is some alteration in the other bids in terms of the equipment provided and some other things; so ES&S is not the only one submitting something different; and even though the Board did not conceive that it would get a different product, it opened the door. Chairman Scarborough stated in the past the Board has rejected all bids and gone back out when it felt there may be something better out there; the Board has always tried to get the lowest and best; and the Board can go out for a new RFP until the point where it is contractually bound.

Commissioner O'Brien stated another vendor is Global Election Systems; and read aloud from a letter dated May 18, 1999 indicating the only way Global will avoid revocation of its certifications is to certify the new configuration of the Accuvote system. He stated there are obviously some problems; it appears the Secretary of State is getting ready to revoke the certification due to changes in the machine; and the Board has serious problems here. Commissioner Higgs stated the letter from Mr. Craft advises all certifications will expire on December 31, 1999 so she is concerned about all of them. Chairman Scarborough stated Mr. Galey wants a decision, but this is an expensive decision. Mr. Galey stated all the systems have to be recertified for Y2K compliance as of December 31, 1999. Commissioner O'Brien stated according to the letter to Global Elections, the State found assemblies which were not the same as those that were certified in the Accuvote units. Robert Pickett, Global Election Systems, stated Global first certified its visible light readers in 1997; the present reader is the same as was certified, but the parts look different because different vendors are assembling them; and when Mr. Craft audited the system, it appeared there was a different assembly. He stated to satisfy Mr. Craft the reader heads in question have been sent to Wyle Lab which is in the process of writing the report; Lucent Technologies, which is the vendor, certifies it is the same; and when it comes back, Global will be vindicated.

Chairman Scarborough stated he will not vote in favor of anything today because he does not have enough information until things come back from Wyle Lab.

Commissioner Voltz commented on the competition among the vendors and comments made concerning Mr. Galey.

Chairman Scarborough inquired if any of the Commissioners are comfortable making a decision today.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to table award of Proposal #P-1-9-17R, Voter Tabulation Optical Scan System, until further reports are received from Supervisor of Elections Fred Galey and Purchasing Manager Joellen Moore. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE IX, SECTIONS 62- 3309 AND 62-3318, PROHIBITING OFF-PREMISES COMMERCIAL SIGNS (BILLBOARDS)

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article IX, Sections 62-3309 and 62-3318 prohibiting off-premises commercial signs (billboards). He advised this is the first of two public hearings.

Jack Kirschenbaum, Attorney representing Eller Media, stated someone said the Board has been working on the billboard and sign ordinances for years; and advised of the tradition of Burma Shave billboards as an advertising medium. He stated billboards have provided information to travelers and citizens for years; and now the County is considering an ordinance to make billboards illegal. He stated he is not sure the ordinance is constitutional or can withstand legal challenges; and commented on the process. He stated there is a moratorium in place; and if the Board perceives a public danger, the public is protected by the moratorium. He stated on April 13, 1999 the Board directed the County Attorney to draft an ordinance; it went back to the LPA for review on June 21, 1999 with no staff involved other than the Attorney; changes were made at the LPA meeting; and now it is before the Board. He stated there has been no public input; none of the billboard companies were advised that an ordinance had been drafted or of the LPA meeting; and there has been no input from industry, the public, or tourism; and recommended the processed be slowed down. He stated everyone is affected by the ordinance; and outlined various effects to certain individuals.

B. B. Nelson, Nelson Advertising Agency, advised of the history of Stuckey's billboards; stated the least expensive way to advertise is billboards; and he cannot afford television and newspaper advertising. He stated Commissioner Carlson in the last campaign did not buy a single ad, but she had signs all over the rights-of-way; the proposed ordinance does not mention political signs; and recommended addressing all signs. He advised in Lucas vs. South Carolina, the ban on construction deprived Lucas of all economic value and cost the State of South Carolina $1.2 million; so the Board is treading on thin ice as far as lawsuits. He stated some Commissioners do not like private property rights at all, but the Constitution was written to protect the people; and if they have to use it to gain that protection right, they ban together to jointly file lawsuits. He stated he would prefer to solve the problem in some other way because in a lawsuit, nobody wins. He stated If people want to control the environment around them, they can buy the land around them; but they should not buy a quarter-acre and expect to control the world. He stated the law provides the Board with the right to write rules and regulations; but the Constitution does not permit taking of property without just compensation. He recommended the Board not totally eliminate billboards because it will end up with lawsuits.

Mike Moehle advised the ordinance states there are 374 commercial billboards in the County and 85% are nonconforming to the existing Ordinance; and even if the new ordinance makes all signs nonconforming, it still will not eliminate them. He inquired if the 85% of the signs that are nonconforming were brought into compliance, would that solve the problem, and is it necessary to eliminate all billboards within the County. He stated a lot of businesses within the County depend on outdoor advertising and a lot of property owners, including the County, derive benefit from the rent of their property to billboard companies or from use of signs that they may own. He inquired if anyone has a number on how much revenue the County generates annually from rent of billboards.

Aileen Reilly, Attorney representing Chancellor Media, requested more time to work with staff on an ordinance to benefit the County, provide for effective control, and still allow local businesses to advertise. She stated the billboard industry and local advertisers are the groups that will be greatly affected by the proposed ordinance, which is, in effect, a ban, but they have not been included in any workshops; the Board has been working on this issue for two and one-half years; and a lot of things have changed in the billboard industry in the past two years. She stated there have been a lot of consolidations; there are three major players; and they are all present today, willing and ready to work with staff and the Board to create an ordinance to achieve the Board's goals, allow the industry to use new technology to improve the aesthetic appearance of the County, and provide local businesses with an opportunity to advertise. She advised of the cost effectiveness of billboard advertising compared to other media; and stated tourist-related industries thrive because of outdoor advertising. She stated there has been a decrease in the number of billboards in the County over the years; a moratorium is in effect until September, 1999; and no harm will result in tabling this item to give time to work out an ordinance that will not result in a ban. She stated the industry wants to work with government to make a change.

Charles Moehle, President of Modern, Inc., stated billboards are needed by commerce; but there may also be a need to control them. He stated the Billboard Ordinance protects a lot of scenic highways, but there are violations; and if this was cleared up, there would be no drastic problem. He suggested cleaning up illegal and nonconforming signs, and allowing for local commerce, particularly on I-95, to get people off I-95 and into the community. He stated if there is to be an elimination of billboards on all highways, there should at least be billboards on I-95; commented on distance requirements, the LPA recommendation, making more signs nonconforming, and creating bigger problems.

Sally Mallow stated she has personal experience dealing with the billboard issues; and no one should ever have to experience what she has gone through, and continues to go through. She stated she thought her problem would go away after ten years, but her struggle continues even though the lease has expired; and the billboard remains in her residential neighborhood. She stated the billboard industry has been too loosely regulated for too long; the State and County have had very little control over the industry making it almost impossible to eliminate or remove billboards; and billboards are unsightly clutter on the roadways, decreasing property values and causing a loss of trees and vegetation. She noted one gentleman commented about loss of revenue to landowners; but that is nothing compared to what someone must spend to try to have a billboard removed; and inquired about the rights of property owners. She stated the billboard industry is out of control; the County needs to take control of this issue; and she would be happy to work on an ordinance, if that is what is necessary. She urged the Board to regulate and enforce the billboard industry in the County.

Larry McIntyre, representing Eller Media, stated they have not been able to work as an industry with staff to come up with a solution for this; there are programs that would reduce the amount of locations in the County; there has been a reduction in billboards over the years; and they have taken down more signs in the County than they have built in the last five years. He recommended allowing the industry to work with staff to build an ordinance that would be good for the County.

Nelly Strickland advised of her reaction to billboards when she arrived in the United States from Europe; and stated she was used to not have billboards because they spoil the landscape and make driving a hassle. She stated informative signs are acceptable, but she ignores advertising; and recommended same size signs in dedicated places. She stated she has always been able to find her way around in Europe; and if the County intends to go for ecotourism, then the signs need to come down. She recommended making it equal for all and making the County a pretty place.

Chairman Scarborough inquired what changes are being made to the ordinance and what other ordinances the Board will be considering in the future. County Attorney Scott Knox stated some time ago the Board decided to embark upon a three-step program; one was elimination of illegal signs; the second was prohibition of any future billboards, which is the phase the Board is considering today; and the third was consideration of amortization of non-conforming billboards, which the Board has yet to embark upon. He stated the ordinance the Board is considering today would prohibit any new billboards from being constructed in the County, but would not eliminate existing billboards although it would make them nonconforming; and certain billboards would be permitted along I-95 within a certain distance of the intersections.

Chairman Scarborough stated the thought is the I-95 market is less informed and needs some knowledge that they are coming to a place where they may be able to find accommodations, restaurants, etc.; but within the community there is less need for the larger signage. He stated independently the Board will also be looking at signage on premises. Assistant County Manager Peggy Busacca stated staff has been directed by the Board to bring that back and give 60 days to allow the municipalities, Chambers of Commerce, and other interested people to look at the signage; she has seen a draft of that document; and staff hopes to get it to the Board on July 27, 1999. Chairman Scarborough stated it will be a separate ordinance. He stated he is open to the participation of the industry if it is just three companies; each Commissioner will have comments; billboards is a limited issue; and he does not know if anyone has any problem proceeding with it on July 20, 1999. He stated if there are a lot of changes to be made, it can be tabled at that time.

Commissioner Voltz stated she is not against billboards, but is against billboard pollution like in Merritt Island. She stated if she does not like the color of a house in her neighborhood or the design of a business, that is not her business; and looks are not a good enough reason to eliminate something. She stated Ms. Mallow is a perfect example of why the billboard ordinance needs to be looked at and why stricter guidelines are needed. She stated there are three billboard companies, but Ms. Mallow should also be involved.

Chairman Scarborough stated the three people from the companies can come to the individual Commissioners' offices in the next two weeks and comment. Commissioner Voltz noted she will be out of town on July 20, 1999. Chairman Scarborough advised the Board can continue it on July 20th. He stated high rent districts have high quality signage; the County is competing for a high tax base; and if the Board does not set standards, then everybody suffers. Commissioner Voltz stated she agrees with that, but the billboard companies were left out of the loop. Discussion ensued on the complexity of the issue and a date for the second public hearing.

Commissioner Voltz suggested if the ordinance is going to be moved to the second hearing, the bill billboard companies can meet with staff and Ms. Mallow, who is a representative of the citizens.

Commissioner Higgs stated there was some comment about there only being a few major players in the industry; but there is nothing to preclude others from entering into the industry. Commissioner Voltz stated she does not think another company would come to the County knowing where the Board is headed. Commissioner Higgs stated the Board needs to develop an effective law, and not necessarily cater or design the ordinance for the three major players; and she would like to move the ordinance to the second public hearing.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue the public hearing to consider an ordinance prohibiting off-premises signs to August 27, 1999.

Commissioner Carlson stated there was a comment about getting with staff and the various billboard folks, and she thought that was supposed to happen before this meeting.

County Manager Tom Jenkins inquired if one of the hearings has to be in the evening; with County Attorney Scott Knox responding yes. Discussion ensued on a date for the meeting.

Commissioner Carlson reiterated her question. Commissioner Higgs stated there were discussions before the first ordinance came to the Board. Chairman Scarborough stated if this is continued to August 31, 1999, there is more than adequate time for discussion.

Commissioner Higgs stated the provision about three miles from entrances and exits is not a given; with Chairman Scarborough advising nothing is a given.

Commissioner Voltz stated she will support going forward because the Board does need to make some changes to the Ordinance.

Chairman Scarborough advised the League of Women Voters is interested in this item and had a representative present this morning.

County Manager Tom Jenkins inquired if the Board wants staff to meet with the billboard industry; with Commissioner Voltz responding yes. Chairman Scarborough stated the billboard industry needs to comment directly to the Commissioners on the ordinance; and there is now a product to comment on. Discussion ensued on comments about new technology, lobbying Commissioners, comments submitted by letter, whether Ms. Mallow needs to come to the Commissioners' offices, and parties meeting with staff.

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

DIRECTION, RE: WATERFOWL HUNT PROGRAM FOR PINE ISLAND CONSERVATION AREA

Ronald Penn stated he lives in the Pine Island area; there was a meeting between the homeowners, duck hunters and staff; and they came up with a draft proposal.

Commissioner O'Brien commended everyone for their hard work; stated it is a complicated issue because it involves public access to EEL property; but it is a part of the public use of that property as well. He stated he does not want a $75 permit because it is to high; and he would like to develop an agreement with the Game and Fresh Water Fish Commission and a permit with a $15 fee.

Motion by Commissioner O'Brien, to authorize staff to develop an agreement with Florida Game and Fresh Water Fish Commission to establish a waterfowl hunting program at Pine Island Conservation Area for a term of five years with a termination clause, and establish the permit fee at $15.

Commissioner Carlson stated she does not agree with the program; EELs was founded on preservation and protection of habitat and its wildlife; and the hunt goes against everything the program stands for as well as blatantly disregarding the Comprehensive Plan. She advised of language in Policy 9.4 in the Conservation Element which explicitly states what the EELs Program is about, and it talks about being appropriate for passive recreation and environmental education; and stated the proposal is not consistent with the intent of the referendum. She stated the EELs Program has a successful record to date; she would like to keep it that way; the Board is always under public scrutiny; and there will always be a level of public distrust of government. She inquired why the Board wants to put itself in a position to jeopardize the public's trust. She stated going against the trust of the public could hinder future initiatives; and if the St. Johns River Water Management District is involved in this property, it is the one that should come forward with the program.

Chairman Scarborough inquired where is the referendum language.

Commissioner Voltz seconded the motion.

EEL Director Ann Birch stated she does not have the language with her, but it was for acquisition of lands for conservation, passive recreation, and environmental education, the three directives.

Commissioner Higgs inquired did the Management or Selection Committees took a position on this issue; with Ms. Birch responding they approved it as an activity for this property alone because of the historic use of it and the desire of the residents to continue the use, and because it's in partnership with the St. Johns River Water Management District. Commissioner Carlson inquired why the St. Johns River Water Management District is not taking the initiative to do the program. Ms. Birch responded when the County purchased the property with the St. Johns River Water Management District, the County was designated as the primary manager for the property; and the District is providing assistance with the management. Commissioner Higgs inquired does the Board have to approve a five-year commitment; with Ms. Birch responding no. Ms. Birch advised it is up to the Game and Fresh Water Fish Commission whether it would accept a lower commitment; and representatives of the Game and Fresh Water Fish Commission and the St. Johns River Water Management District are present.

Chairman Scarborough inquired if waterfowl hunting is passive recreation; with Alan Alshouse, Land Use Coordinator with the St. Johns River Water Management District, responding technically it is not. Commissioner Carlson stated therefore it does not qualify to be used or have EEL Program money associated with it. Mr. Alshouse advised the County has lead management over the property; it came to the District and asked if this would be an activity the District would approve for the area; and the District agrees with what County staff would like to provide as one of the aspects of recreational activity for the property. Commissioner Higgs inquired whose definition of passive recreation is being used. Commissioner Carlson requested further elaboration on the issue of passive and active recreation. Chairman Scarborough inquired what would be said if the desire was to include water fowl hunting in the general term active recreation. Mr. Alshouse advised as biologists, they consider hunting to be a consumptive use. Commissioner Higgs stated that makes it active recreation. Mr. Alshouse stated on other water management lands, the term passive recreation is used for hiking, biking, birdwatching, swimming and horseback riding. Chairman Scarborough inquired if the voters had voted on a referendum saying consumptive use would that include hunting.

Commissioner Carlson stated another issue is maintenance of the property; and inquired if the County needs to maintain the duck population as part of maintenance. She stated to kill wildlife when the County is supposed to be preserving the habitat goes against the nature of the referendum; with Mr. Alshouse advising he is not familiar with the referendum.

Parks and Recreation Director Charles Nelson stated the dilemma goes back to the original discussions when the property was being considered for purchase; the discussions concerned waterfowl hunting continuing; and he does not believe the representatives from St. Johns River Water Management District or Florida Game and Fresh Water Fish Commission proposed that.

Steve Rockwood, Florida Game and Fresh Water Fish Commission, stated one of the underlying purposes was to purchase lands for conservation. Chairman Scarborough inquired if waterfowl hunting would be conservation; with Mr. Rockwood responding it would. Mr. Alshouse stated he concurs. Commissioner Carlson inquired how is that defined under conservation. Mr. Rockwood stated hunters were the first conservationists; and the monies used to purchase ammunition, licenses and stamp fees have always been used by the government to purchase lands for conservation of resources. Chairman Scarborough stated conservation includes water fowl hunting; with Commissioner Carlson responding she does not agree that was the intent of the referendum. Mr. Rockwood stated he was approached by the County to look at the idea of water fowl hunting opportunities at Pine Island; it is a unique situation; the area will lend itself well to water fowl hunting if it is on a limited basis and is a controlled use; and that is something for the Board to decide.

Commissioner O'Brien inquired if hunters were sent out to take, for example, 150 deer because they were overpopulated, would that be considered conservation of the deer herd; with Mr. Rockwell responding yes. Commissioner O'Brien inquired about fishing as passive recreation; with Mr. Rockwell responding fishing is considered a consumptive use. Commissioner O'Brien stated he hopes he has support of the majority of the Board, because the deal made when the property was purchased was that the County would make every effort to preserve the traditional and historic use of the land for duck hunting specifically; it is a method of conservation; and conservation does not mean buying a piece of property and never touching it. He stated if that was the case, the County should not be cutting down trees or building pathways; and advised of the need to burn to provide scrub jay habitat. He stated duck hunting on this property should be considered by the Board as conservation.

Commissioner Higgs stated there are a lot of things that have been done to manage land and to be consistent with the conservation purpose; and she is willing to try this on a trial basis. She stated there are a variety of conservation purposes on EEL properties, and management plans have outlined them; some are very passive; but for others it is appropriate to allow other activities. She stated this usage may not be appropriate; but she would like to see it done on a trial basis for one year; and she will support the motion for a one-year commitment. Discussion ensued on the number of years for the trial period.

Mr. Alshouse stated the St. Johns River Water Management District has several wildlife management areas where there are agreements with the Florida Fish and Wildlife Conservation Commission; and they are a standard five years with a termination clause.

Ron Penn stated he appreciates Commissioner Carlson's stand on this because it is the stand the homeowners were taking all along; they did have a good meeting with the duck hunters, staff and Mr. Alshouse and Mr. Rockwood; during that meeting it was discussed as a one-year trial period; and they all came to a mutual agreement on that. Commissioner Voltz stated the Board can still address this after one year if there is a five-year contract.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to amend the motion to provide for a one-year trial period. Motion did not carry; Commissioners Scarborough and Higgs voted aye; Commissioners O'Brien, Carlson, and Voltz voted nay.

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

FEASIBILITY REPORT, RE: MOBILE NEUTERING CLINIC FOR FERAL CATS

Commissioner Higgs stated the only issue before the Board today is the mobile unit.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize staff to proceed with renting the mobile neutering clinic from Orange County at approximately $15,000 a year. Motion carried and ordered unanimously.

WAIVER OF REQUIREMENTS, RE: USE OF NON-MAINTAINED COUNTY RIGHT-OF-WAY FOR ACCESS TO APT'S PROPOSED TOWER SITE

Mary Doty, representing APT, stated if the Board is inclined to grant this, she does not need to make a presentation.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant waiver of requirements to allow usage of a non-maintained County right-of-way as access for APT's proposed tower site.

Commissioner O'Brien stated this proves that it is possible to put antennas on top of power poles. Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Higgs inquired if the Board has seen the technical necessity information before; with Commissioner O'Brien responding yes. Ms. Doty stated a conditional use application was pending when the Board amended the Ordinance to make antenna locations on power line easements permitted uses.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: A AND E SERVICES FOR HARRY T. AND HARRIETTE V MOORE MEMORIAL PARK

Commissioner Voltz inquired if this involves grant funds; with Commissioner O'Brien responding yes. Commissioner O'Brien stated he has been working with Congressman Weldon to have the park made part of the federal park system; and he talked to Representative Futch as well about making it a State park.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize staff to advertise Request for Proposals from qualified architectural and engineering firms for design services for the Harry T. and Harriette V. Moore Memorial Park; appoint Samuel Stanton, Bill Clifton, Charles Nelson and Stockton Whitten or their designees, and Ronald Barton to the Selection Committee; appoint Samuel Stanton , Bill Clifton, and Charles Nelson or their designees to the Negotiating Committee; and authorize the Chairman to sign a contract with the number one-ranked firm for the services. Motion carried and ordered unanimously.

RESOLUTION, RE; RECOMMENDING SEA RAY BOATS, INC. BE APPROVED AS A STATE QUALIFIED TARGET INDUSTRY

Commissioner O'Brien stated Sea Ray Boats, Inc. plans to construct a $16.1 million manufacturing complex with 400 jobs averaging approximately $33,000 annually.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt a Resolution recommending Sea Ray Boats, Inc. be approved as a State qualified target industry. Motion carried and ordered unanimously.

Commissioner Voltz inquired if the industrial impact will be analyzed a Title 5 company; with Commissioner O'Brien responding this is really for research and development.

RESOLUTION, RE: QUALIFYING SEA RAY BOATS, INC. AS AN ELIGIBLE BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution qualifying Sea Ray Boats, Inc. as an eligible business under the County's Tax Abatement Program, and authorizing the advertisement of a public hearing to consider adopting an exemption ordinance. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: CONSTRUCTION OF ARTIFICIAL WETLANDS FOR SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to bid and award to lowest, most responsive bidder for construction of artificial wetlands for the South Central Regional Wastewater Treatment Facility. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: MULCHING, SCREENING, HAULING, AND DISPOSAL OF YARD TRASH DELIVERED TO THE COUNTY'S YARD TRASH DISPOSAL FACILITIES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to bid and award to the low bidder the mulching, screening, hauling and disposal of yard trash delivered to the County's yard trash disposal facilities.

Commissioner Carlson stated there was discussion earlier in the year concerning taking low bids all of the time; and inquired if staff looked into that. County Manager Tom Jenkins stated that is being done in some of the areas; but staff is comfortable taking low bids on this item and the last one. Commissioner Voltz inquired about onsite mulching. Solid Waste Management Director Richard Rabon stated the County has a permitting procedure for those types of facilities in the unincorporated portions of the County; but in cities, that is separate. Commissioner Voltz inquired if there is any reason mulching should not be required onsite: with Mr. Rabon responding this is yard trash from households that is brought to the County facilities. Commissioner Voltz inquired what is the benefit of onsite mulching; with Mr. Rabon responding it is a benefit to the County as it does not have to go through the expense of processing all the yard waste; and those programs are encouraged. Commissioner Voltz inquired if it would be more cost effective to the person doing the site work; with Mr. Rabon responding land clearers do a lot of it onsite, but there is no ordinance requiring it.

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

PERSONAL APPEARANCE - ROCHELLE LAWANDALES, RE: WAIVER OF TIME AND PARTIAL FEE FOR RESUBMITTAL OF REZONING APPLICATION ON MAZZAFERRO PROPERTIES

Rochelle Lawandales stated the Mazzaferros and Ron Golding of the Mattress Barn request a waiver of the six-month waiting period for reapplication for rezoning of property on US 192, on which the Board denied rezoning in May, 1999. She stated they have modified the request; they have divided the property; instead of BU-1 and BU-2 with an expansion of the Mixed Use District to the rear, they are proposing RU-2-10 for approximately 500 feet to the back; and in order to preserve the sale and protect the investments that have been made, she is appealing to the Board to allow them to come back before it. She advised of the history with the Planning and Zoning Board; and requested the Board waive the time period and consider a partial waiver of fees.

Commissioner Voltz stated Commissioner Higgs suggested she table this; instead she denied it in response to a comment from the Zoning Official; and she should have tabled it.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant waiver of the six-month waiting period for resubmittal of rezoning application for the Mazzaferro properties. Motion carried and ordered unanimously.

Chairman Scarborough expressed desire to wait and hear what the applicant presents before considering any waiver of fees. Commissioner Voltz stated the application is substantially different. Commissioner Higgs stated the Board can deal with that when it deals with the rezoning.

PERSONAL APPEARANCE - NELLY STRICKLAND, RE: PARRISH MEDICAL CENTER

Chairman Scarborough stated Nelly Strickland sent a note saying she was not feeling well, and could not address the Board this afternoon.

Commissioner O'Brien stated Ms. Strickland said the President of Parrish Medical Center is accepting a new job as President of the side-by-side corporation; that is good business; but since Parrish is a public hospital, unless the public is informed of the totality of what is occurring, the hospital may be slipping out of the public's fingers. He inquired if there is any action the Board should take.

Commissioner Voltz stated the Board needs to check into it; and inquired what happened to the joint meeting; with Chairman Scarborough responding it could not be scheduled due to conflicts. County Manager Tom Jenkins stated the hospital did schedule an evening meeting with the City of Titusville. Commissioner Higgs suggested the County Attorney get an explanation from the hospital's attorney.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct the County Attorney to get an explanation or elaboration on the current Parrish Medical Director's acceptance of a new job as President of the Side-by-side Corporation. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - TROY YATES, RE: SPEED HUMPS ON LAKEMOORE BOULEVARD

Chairman Scarborough called for Troy Yates, but Mr. Yates was not present.

ACQUISITION OF EASEMENTS, RE: BEACH RENOURISHMENT PROJECT

Commissioner O'Brien stated the acquisition of easements for beach renourishment projects is very important; and requested Virginia Barker address the Board.

Commissioner Higgs inquired if Commissioner O'Brien supports this.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to accept easements secured by the Offices of Stromire, Bistline, Miniclier, McDermott & Griffith pursuant to an interlocal Agreement between the Canaveral Port Authority and the Board regarding Beach Project Consulting Services; waive application of Brevard County Land Acquisition Procedure BC-47 to allow the acquisition of the easements; approve execution of Contract with Attorney Harold Bistline to continue voluntary acquisition of easements and to certify title to the easements, on behalf of the County, to the Army Corps of Engineers; and authorize staff to obtain MAI appraisals of all easements. Motion carried and ordered unanimously.

APPROVAL, RE: TAX COLLECTOR'S PROPOSED COST FOR ADMINISTRATION OF OCCUPATIONAL LICENSES FOR FY 1999-2000

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the Tax Collector's proposed cost for administration of occupational licenses in the amount of $203,115, from August 1, 1999 through July 31, 2000. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting was adjourned at 5:41 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)