The Board of County Commissioners of Brevard County, Florida, met in regular session on July 7, 1998, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Steve Brown, Bowe Gardens Baptist Church, Melbourne.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

Julia Stone, First Baptist Church of Aurantia, Mims, advised she and her husband were evacuees during the firestorm last week; and it has given her a new perspective on what is valuable in life; and expressed appreciation to the firefighters. She stated on Thursday after the Governor asked the citizens to join in prayer, the tide began to turn; and people can be given direction by God politically and morally. She sang "God Bless America" accompanied by her husband.

Commissioner Scarborough thanked Ms. Stone for sharing the song with the Board. He stated Ms. Stone?s father is the minister at Aurantia Baptist Church; it had the most parishioners who were affected by the fire; and the Board?s prayers go out to all in the congregation.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of the April 28 and 30, 1998 Regular meetings, May 5 and 12, 1998 Regular meetings, and May 14, 1998 Special meeting. Motion carried and ordered unanimously.

Congressman Dave Weldon stated his office has been working closely with FEMA and the Governor?s Office to insure that Brevard County will get the necessary resources to offset the costs of dealing with the fires; and Sheriff Williams and Fire Rescue Director Don Boykin will be reporting on the additional costs. He stated in the last Congressional session FEMA was funded in the amount of approximately $2 billion; so there are resources to help the County. He stated he will be touring the fire damaged areas, and will meet with the Governor today; and his office is available 24 hours a day if anyone has any problems. He stated FEMA has set up an office at Pinewood Elementary; people can also call 1-800-462-7585; even if someone only has minor damage to their home, they should still notify FEMA as they may be eligible for some reimbursement; and low interest

loans, grants, and counseling services are available. He stated he is thankful to Emergency Management Director Bob Lay and the Emergency Management officials in Tallahassee, Fire Chief Don Boykin and those firefighters who were on the line. He visited the area as the fire jumped I-95; and described the heroic activities of the firefighters. He stated the loss would have been much greater were it not for the heroism of the firefighters; and he is pleased to wear a blue ribbon in honor of the firefighters. He stated in this time of challenge, everyone has come together, crossing all lines and barriers to try to beat the fires; and he is thankful to the Lord for the rains.

Commissioner Scarborough expressed appreciation to Congressman Weldon.

County Manager Tom Jenkins described the massive deployment to respond to the fires in North Brevard; stated there was a short time frame; and the coordination effort was the largest firefighting response ever undertaken in the County. He stated all of the Command Officers worked around the clock; and Sheriff Phil Williams, Public Safety Director Jack Parker, Fire Chief Don Boykin, and Emergency Management Director Bob Lay are present to give reports.

Fire Chief Don Boykin recognized Chiefs Jeff Money and Bill Farmer and the command staff for their leadership in the operation. He recognized Dan Rocque, President of the Space Coast Fire Chief?s Association and Rick Talbert, Regional Coordinator for the Disaster Response Plan for Florida Fire Chiefs; and described their coordination efforts.

Rick Talbert, Titusville Fire Department, stated the situation resulted in the largest mobilization of fire resources within the State since Hurricane Andrew in 1992; approximately 800 firefighters and 200 apparatus responded from other agencies, not counting the hundreds of firefighters and equipment that responded in-County. He stated the State responded in accordance with the Statewide Mutual Aid Agreement coordinated through the Florida Fire Chiefs? Disaster Response Plan which was developed after Hurricane Andrew in an effort to more efficiently and effectively manage large scale fire response deployments; and advised of other deployments due to El Nino. He described the coordination of the response team; and stated the system worked. He thanked County Manager Tom Jenkins, Fire Chief Don Boykin, Public Safety Director Jack Parker and the Fire Rescue staff.

Dan Rocque stated a week ago Fire Chief Don Boykin requested he attend a preliminary planning and strategy session; and described the subsequent events and the role of the Space Coast Fire Fighters Association. He stated all 13 municipalities and volunteer fire departments indicated willingness to provide anything necessary; and the resources put together were phenomenal. He expressed pride in the firefighters; and stated his City Manager advised the City Council would support anything he needed. Chief Rocque stated the coordination and unification was the largest ever seen in the County; and now they know that things do work.

Chief Boykin advised of the participation of the Kennedy Space Center, Cape Canaveral Air Force Station, Titusville, Cocoa, Rockledge, Cape Canaveral, Cocoa Beach, Patrick Air Force Base,

Melbourne, Palm Bay, Malabar, Satellite Beach, Indian Harbour Beach, Indialantic, and Melbourne Beach Fire Departments, Solid Waste Department, Mosquito Control Department, Road and Bridge, Brevard County Volunteer Force, Sheriff?s Office, Florida Highway Patrol, Seminole County Public Safety, Orange County Fire Rescue, City of Orlando, Clermont, Leesburg, East Naples, Pinellas County, Spring Hill, Hillsborough County, City of Miami, Metro Dade, Broward County, Palm Beach, Jacksonville, Hollywood, Plantation, Polk County, Tarpon Springs, and Hilton Head Fire Departments, and the National Guard. He stated there have been firefighters who flew in at their own expense who offered their assistance; and expressed appreciation to all firefighters. He read a list of those injured fighting the fires, as follows: Anthony Berg, Gregory Caulfield, Richard Couey, Charles Crisafulli, Steve Deatherage, Christopher Hitt, Charles Jean, Sr., Shawna Moos, Daniel Weathersbee, Jean M. Weathersbee, Michael Woodward, Donald Buckley, Timothy Dempsey, James Harris, Daniel Hubbs, Edward Inman, Charles Jean, Jr., Patrick Joyce, Phillip Ribbe, Danny Scott, John Mitchell, Edison Boyiddle, Gerald Merrick, Ronald Carnes, John Ramos, Malcolm Poppell, Jeffrey Welsh, Sarah Otto and Adam Porter. He advised of the support and appreciation of the people for the firefighters.

Sheriff Phil Williams thanked the citizens for their support and appreciation, and the members of the Brevard County Sheriff?s Office for their performance in the last week. He thanked the firefighters; commented on their coordinated efforts with the Sheriff?s Department; and stated some of the homes were those of Sheriff?s Deputies who felt good knowing the firefighters were watching out for their houses. He recognized Commander Earl Petty, Commander George Douglas, Major Curtis Dorman, and Major Joe Crosby for their efforts. He complimented Mims Elementary School; stated the municipal police departments unselfishly responded to calls for assistance; and the Florida Department of Law Enforcement sent a contingent of five agents and one supervisor to handle any criminal investigations that were the result of the fire. He stated the Florida Sheriff?s Association had as many as 100 deputies standing by to respond if needed; but the County was able to handle it. He stated Trooper Timothy Eri, Deputy Edward Hatten, and Deputy Alex Herrera are home and convalescing from their injuries. He stated there were tremendous acts of heroism by everyone involved; and he appreciates the support of the County Departments and the Board. He urged everyone not let their guard down.

Emergency Management Director Bob Lay stated this is the third activation of the EOC in less than one year; the first was for the Cassini launch; the second was for the El Nino events of January through May for which there was a Presidential declaration, and there was $6.5 million in damage to the County; and the third activation was for the wildfires. He stated the third activation includes several declarations; and outlined the grants and assistance for reimbursement. Mr. Lay stated two of the activations included evacuations, damage and loss; and all of them involved the citizens of the County. He stated the Comprehensive Emergency Management Plan works; and expressed thanks to Space Coast Area Transit, Coastal Ambulance, the Sheriff?s Department, the firefighters, Court Alternatives, and Library Services for their assistance with the evacuation. He advised of the effectiveness of the communications element; stated County employees manned the citizen information lines, and provided fuel and other commodities. He stated Fire Rescue did a fantastic job; there was coordination within the EOC; and all members of the Information Management and Planning Team did an excellent job in preparing situation reports so it was possible to know the number of homes in the area, the number of evacuees, and the dollar values. He stated Red Cross,

Salvation Army, Housing and Human Services, Purchasing, Public Health, and Water Resources Departments did an outstanding job; the Florida National Guard had over 151 people involved; and there was a liaison within the EOC. He advised of the contributions of Commander Petty of the Sheriff?s Office, TDC, Brevard County School Board, Melbourne Police Department, and Patrick Air Force Base. He stated the Human Resources Department was involved with volunteers and donations along with the volunteer organizations assisting in disasters; and it was a tremendous effort to coordinate the resources. He stated an individual offered to put together trailers on a temporary basis for those people who may need living accommodations in North Brevard; and he will be meeting with the individual at a United Way luncheon tomorrow which is being held to address unmet needs and ways to get the resources to victims. He advised of the efforts of Florida Department of Law Enforcement, the Sheriff, and the Highway Patrol in the EOC to coordinate road closings and openings with FDOT. He stated Animal Services did a fantastic job of evacuating over 500 animals in the area, and were able to make sure that the necessary food, etc. was provided to those animals. He stated 5,330 homes were saved in the evacuation area, and 36 were lost; 663 businesses were saved, and 3 lost; and there are three shelters still open, one for victims and two for firefighters, as well as a shelter for animals. He stated the EOC is currently at Level 2 activation; it is still operating 24 hours a day; and the other EOC?s have closed. He stated a comfort station has been established through the Salvation Army in the Scottsmoor area for victims and workers; and there is an information center at Pinewood Elementary School.

Public Safety Director Jack Parker recognized the Board for having the foresight and strength to declare an emergency state and prohibit the use of fireworks; thanked Chairman Helen Voltz for her guidance and assistance during the emergency; and thanked County Manager Tom Jenkins who was a key part to the success of the operation. He thanked the members of the Space Coast Fire Chief?s Association and Chief Boykin for having the foresight to start putting together task forces and strike teams well before the event started; and as a result, there was ample staffing even before outside resources came in. He stated that decision prevented the fire from getting worse than it could have. He thanked the Brevard County Fire Rescue Division along with the other firefighters from the municipalities; and stated now the whole world knows they are the best in the business. He expressed appreciation to the Division of Forestry which mobilized 300 firefighting personnel; and stated without them it would have been a completely different operation.

Commissioner O?Brien advised of his experiences during the wildfires. He read aloud a resolution commending the personnel of the Federal Emergency Management Agency, State Division of Forestry, Brevard County Fire Rescue, Brevard County Emergency Management, Brevard County Sheriff?s Office, Red Cross, Brevard Amateur Radio Services, Brevard County Road and Bridge, Mosquito Control, Central Fleet, and all employee and civilian volunteers at the Emergency and Fire Operation Centers, the Municipal Fire Departments, Volunteer Firefighting Departments, and all firefighters from other counties and states who traveled to Florida and Brevard County to offer their assistance and support in fighting the wildfires.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution commending Agencies, Departments and firefighters for their courage, dedication and stamina in fighting the recent wildfires. Motion carried and ordered unanimously.

Commissioner O?Brien presented the Resolution to Emergency Management Director Bob Lay.

Commissioner Scarborough stated when he was at the Mims radio station yesterday, he heard the Glenn family sing for the first time; and introduced Joelle, Jonathan, Elise, Joanna, Amy, Timothy and Kathy Glenn. The Glenn family sang a special song thanking the firefighters.

Commissioner Scarborough stated the Commissioners already are wearing blue ribbons to indicate thanks to the firefighters; and it is something the community wants to do.

Commissioner Scarborough read aloud a resolution asking the citizens of the County to fly blue ribbons on their car antennas to show appreciation to the firefighters.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution asking citizens of the County to fly blue ribbons on their car antennas to show appreciation to the firefighters for their consistent bravery and perseverance during the recent fires. Motion carried and ordered unanimously.

Commissioner Scarborough stated Sharon Luba has prepared blue ribbons; and encouraged everyone to pick up a ribbon if they wish to put them on their antennas.

County Manager Tom Jenkins advised Governor Chiles will be coming back to Brevard County; he will be at the Mims Methodist Church at 12:15 p.m. and at the Emergency Operations Center at 1:45 p.m.; and if the Board is still in session, staff will provide the briefing.

County Manager Tom Jenkins stated after the Barefoot Bay tornado, the Board waived the electrical connection permit fee for people to have their power turned back on.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to waive electrical connection permit fees when required by victims of recent fires to restore power, subject to an affidavit signed by a certified electrical contractor that electrical services may be safely restored. Motion carried and ordered unanimously.

County Manager Tom Jenkins stated Housing and Community Development staff prepared a memorandum about assistance to Mims area fire victims; and inquired if the Board would like to consider those recommendation.

Commissioner Cook inquired if those are in addition to private insurance; with Mr. Jenkins responding it would be in tandem with private insurance, but would represent some minor deviations to the plan.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the County Manager or designee to suspend Board approved housing policy restrictions, which are not mandated by federal or State regulations, in order that repair, rehabilitation and re-building assistance be made available to low income homeowners who are fire victims. Motion carried and ordered unanimously.

State Representative Bill Posey stated for over a decade funds have been needed to improve the North Brevard Public Health Department building; through the efforts of Dr. Manuel Garcia, it has made the list every year; and advised of the contributions of Dr. Garcia to the community. He stated if Dr. Garcia had not had the funding on the list for so long, they could not have gotten it through last year; and suggested naming the North Brevard Public Health Department building after Dr. Garcia.

Commissioner Cook stated Dr. Garcia is, in large part, responsible for Representative Posey getting the funding for the Public Health Department; Dr. Garcia was a fine public servant who served the County, and on his days off served those who are less fortunate; and it is appropriate to name the building after him.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to waive provisions of Policy BCC-4 and approve renaming the North Brevard Public Health Department building on Singleton Avenue in Titusville after former Health Department Director Dr. Manuel J. Garcia, as requested by State Representative Bill Posey. Motion carried and ordered unanimously.

Commissioner Scarborough thanked State Representative Posey and his colleagues for their help in obtaining funding from the Legislature. Representative Posey stated they got funding last year for the Juvenile Assessment Center; and advised of the efforts of Judge Johnson to get the funding. He suggested honoring Judge Johnson for his contributions to the Juvenile Assessment Center.

County Manager Tom Jenkins stated at the recent meeting of the Florida Association of Counties Representative Posey was honored as the most supportive Representative of local government in the State.

County Attorney Scott Knox requested permission to hold an executive session on July 14, 1998 to discuss A. Duda and Sons v. Brevard County, Farm and Grove Realty v. Brevard County, and Brevard County v. Republican Executive Committee.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize holding an executive session on July 14, 1998 as requested by the County Attorney. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Chairman to send letters of appreciation to each municipality and agency for their assistance during the fires, and to those persons injured while providing services during the fires. Motion carried and ordered unanimously.

Commissioner O?Brien noted the military?s tradition of presenting medals for battles; and stated it would be nice to develop a medal for all of the firefighters, guests, and volunteers who assisted with the fires. Chairman Voltz inquired who would design it; with Mr. Jenkins responding staff will work on it. Commissioner O?Brien suggested it could be white and gold with the letters "BC" on it; and all the firefighters could wear it on their uniforms.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize staff to develop medals for the great fire of 1998 to be given to firefighters and other personnel who contributed to saving lives and properties in Brevard County. Motion carried and ordered unanimously.

Commissioner Higgs stated yesterday she saw two crews from California in Micco; and the County is fortunate to have people from around the country helping it. She stated the County is still in a state of emergency, and everyone needs to be sensitive to anything that can be done to prevent fires.

Commissioner Cook stated he is appreciative that everyone pulled together to address the fires; it was a terrific effort; and it makes everyone proud to live in Brevard County.

Commissioner O?Brien stated there was a poster in Florida TODAY this morning; and suggested directing the County Manager to send a letter to the newspaper asking if it would print up 100 or more posters so the firefighters can put them in the stations, etc. Chairman Voltz suggested sending them to out-of-County agencies. Mr. Jenkins stated he will ask.

Chairman Voltz stated this was her first emergency situation, and it went very well. She suggested holding a picnic or barbeque so the firefighters and homeowners can get together; and stated the County cannot thank the firefighters enough. She noted at that time, the Commissioners could present the badges Commissioner O?Brien suggested. She stated it may be possible to get things

donated; and she is sure the community will be happy to come out and thank the firefighters. Commissioner O?Brien suggested Fox Lake Park might be the most appropriate place. Commissioner Scarborough stated a number of people have come to him with a number of different ideas; and suggested establishing a steering committee to consider the various ideas with a designated staff coordinator. Commissioner Higgs stated the firefighters have been referenced, but she hopes all County employees who responded to the emergency are included.

Chairman Voltz moved Items III.A.11 and III.E.4 to Section VII for discussion.

The meeting recessed at 10:18 a.m. and reconvened at 10:29 a.m.

Commissioner Cook stated there have been inquiries about his position on the Charter proposals; and requested information from the County Attorney on concerns from a legal standpoint.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Attorney to provide the Commissioners with information on the proposed revisions to the Charter and if there are any legal concerns. Motion carried and ordered unanimously.

Commissioner Cook stated Skip Johns was an employee of the Property Appraiser and spent many years serving the people of Brevard County. He read aloud a resolution commending Mr. Johns.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt resolution posthumously commending Frank B. "Skip" Johns for his contributions to Brevard County. Motion carried and ordered unanimously.

Commissioner Cook presented the Resolution to Mr. Johns? wife and son.

Mark Johns, on behalf of his mother and family, thanked the Board for the Resolution.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt resolution proclaiming July 31, 1998 as Military Sealift Command Appreciation Day. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: INDIAN RIVER COLONY CLUB, TRACT H, PHASE I, UNIT 3

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final plat approval for Indian River Colony Club, Tract H, Phase I, Unit 3, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final plat approval for Sunset Lakes Subdivision, Phase 4A, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final plat approval for Sunset Lakes Subdivision, Phase 4B, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final plat approval for Ocean Estates Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Contract with The Suntree Partners guaranteeing infrastructure improvements in Magnolia Pointe, Unit 1. Motion carried and ordered unanimously.

ACCEPTANCE OF UNCONSTRUCTED COUNTY RIGHT-OF-WAY MORNINGSIDE DRIVE FOR UNPAVED ROAD APPLICATION, RE: JOHN ADDINGTON

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept a portion of the unconstructed right-of-way known as Morningside Drive in Morningside Heights as a public road, to be constructed by John Addington under the provisions of the Unpaved Road Ordinance. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive the exclusivity requirement for an access easement under Ordinance 97-02 making Lot 2.03 owned by Walter L. Bryan eligible for a building permit. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive the exclusivity requirement for an access easement under Ordinance 97-02 making Lots 11, 11.02, 11.08, and 11.09 owned by Lynda Hilliard eligible for a building permit. Motion carried and ordered unanimously.

PROJECT FUNDING RECOMMENDATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve project funding recommendations of the Transportation Impact Fee Technical Advisory Committees for Benefit Districts 2, 4, and 8, and Budget Change Requests, and execute Transportation Impact Fee

Disbursement Agreements needed to implement the approvals. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Annual Certification of Local Option Gas Tax Formula. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Interlocal Agreement with City of Palm Bay for relocation of Pond B; grant permission to bid, award bid to the lowest responsible and responsive bidder, and execute contract; approve Amendment to Contract with Professional Engineering Consultants, Inc. (PEC) for Construction Management Services, for the Malabar Road widening project from Corporate Park Circle to Minton Road; and authorize the Chairman to sign all agreements/contracts and budget change requests as needed for the project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize expenditure of an amount not to exceed $50,000 from Fund 140, Account 4102-4, District 4 Municipal Service Taxing Unit, for the resurfacing of Murrell Road from Fire Station 3, South to Barnes Boulevard, including environmental curbing and thermoplastic striping; and authorize the Chairman to execute a Quit Claim Deed conveying the County?s section of Murrell Road to the City of Rockledge. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt resolution canceling taxes on properties acquired for road rights-of-way. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt resolution acknowledging preparation of the Preliminary Assessment Roll for Shellwood Drive Water MSBU, and granting permission to hold a public hearing on July 28, 1998 to consider confirmation of the roll. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution acknowledging preparation of Preliminary Assessment roll for Sellers Lane Water MSBU, and granting permission to hold a public hearing on July 28, 1998 to consider confirmation of the roll. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Lease Agreement with Prevent of Brevard, Inc. for space at the Gibson Community Center. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Lease Agreement with Association for Retarded Citizens of Brevard, Inc. adjusting prorated share of utilities to $101.75 per month for use of Gibson Community Center. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with George E. and Cheryl D. Johnson to provide caretaker security services at the Gibson Community Center. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 1 with National Roofing, Inc. increasing contract price by $582.15 for the Joe Lee Smith Park re-roofing project; and authorize release of retainage and final payment of $5,104.15 to the contractor for the project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 2 to Agreement with Tuscany, Inc. increasing contract price by $2,699.98 and 13 days for Fire Station #42, Merritt Island; and authorize Release of Retainage and Final Payment in the amount of $12,629.41 to the contractor for the project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 3 with PAVCO Construction, Inc. increasing contract price by $5,797.81 and 21 days for the Cocoa Beach Public Library. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 3 with PAVCO Construction, Inc. decreasing contract price by $12,002.19 for construction of Eau Gallie Public Library. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Right-of-way Use Agreement with City of Melbourne for additional parking on Shull Street extension to benefit Dr. Martin Luther King., Jr. Library. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with City of Cocoa Beach for stormwater management and landscape maintenance for Cocoa Beach Public Library. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Selection Committee?s ranking of MAI Architects, Inc. for architectural and engineering services for additions and alterations to the Emergency Operations Center in Rockledge; and authorize the Chairman to execute Agreement with the Architect for the project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Selection Committee?s ranking of A. D. Morgan Corporation for construction management services for South Mainland Community Center in Micco; approve negotiated fee of $4,873 for the pre-construction phase of the project; and authorize the Chairman to execute Agreement with the Corporation for the project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreements with Tilden Lobnitz and Cooper, Sklow and Runkel Consulting Engineers, Stottler Stagg and Associates, Architects in Association Rood & Zwick, Inc., Starmer Ranaldi, Inc., and Thaddeus Cohen Architects for mechanical/electrical/plumbing, and architectural/engineering continuing consulting services. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the revised Tourist Development Council Category E Cultural Events Grant Application Handbook which includes eligibility requirements, types of grants available, criteria for evaluation, instructions, and application forms. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to terminate Agreement with Central Brevard Sharing Center in the amount of $12,000 for family sheltering services from October 1, 1997 to September 30, 1998; execute Amendment to Agreement with Alco-Rest, Inc. for an additional $12,000; and approve a carryover of CBO set aside funds for services in the amount of $8,000 for FY 1997-98 to FY 1998-99. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Community Action Plan; and execute Contract with Florida Department of Community Affairs for a grant of $74,134 for Community Action Agency. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Mims/Scottsmoor Public Library Advisory Board By-laws in accordance with Resolution No. 97-250. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept donation of a combination TV/VCR for the Mims/Scottsmoor Public Library from Genesis Cable. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve donation of 24 units of used shelving to the Housing Authorities of Brevard County to promote adult literacy and the value of reading to the youth in the community. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Interlocal Agreement with Central Florida Library Cooperative for reciprocal borrowing. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve positions and Budget Change Requests for Management Specialist I positions for Suntree/Viera and Mims/Scottsmoor Libraries, and Operation Specialist I position for Palm Bay Library. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Interlocal Agreement with City of Titusville for annexation of Parrish Park. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve renewal of Certificates of Public Convenience and Necessity for the Public Safety Department, Cape Canaveral Volunteer Fire Department, Harbor City Volunteer Ambulance Squad, Inc., Coastal Health Systems of Brevard, Inc., Kennedy Space Center, City of Palm Bay, Health First-Holmes Regional Medical Center-First Flight, and City of Satellite Beach, to provide BLS and/or ALS services. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize execution of Local Law Enforcement Block Grant Application for the Drug Court Program for FY 1998-99 and all follow-up agreements and documents. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Town of Indialantic and Space Coast Emergency Medical Services, P.A. (John R. McPherson, M.D.) for the utilization of the County?s Medical Director. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with City of Melbourne for automatic aid for fire protection. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Mosquito Control Department?s Tentative Detailed Work Plan Budget for FY 1998-1999. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Third Amendment to S.W.I.M. Contract with St. Johns River Water Management District for rehabilitation of impounded salt marshes. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement with ARCADIS/Geraghty & Miller to provide consultant services for remediation of old Mosquito Control Complexes. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Grant #AP135 Agreement with Department of Environmental Protection for the Aquatic Week Control Program in the amount of $31,351 for total grant of $81,637; and approve Budget Change Request for the program. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Contract for Sale and Purchase with James N. Sauer and Margie A. Deaton for residential property at 2370 Adamson Road located adjacent to the Central Disposal Facility at $111,600. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Public Works Department to excavate pond and ditch, perform final site work, install culverts, and pave parking and driveways at the Central Disposal Facility. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Lease Agreement with Department of Agriculture & Consumer Services, Division of Plant Industry for office space for two inspectors at the Agriculture Center in Cocoa. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise public hearing to consider amendments to Merit System Policy IX, Leave, and Merit System Policy XII, Disciplinary Actions. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to award Proposal #P-5-8-02 and execute Agreement with Atlantic Orthopaedic Group, P.A. for physical examinations for the South/Central area at an estimated cost between $40,000 and $60,000 annually based on prior year?s usage. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize possible overnight trip by the County Attorney?s Office to Region 4 Environmental Protection Agency Headquarters to participate in a common defense concerning contamination of the Florida Petroleum Reprocessors Site. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement for Sale and Purchase with Board of Trustees of the Internal Improvement Trust Fund, County Deed, and Environmental Affidavit to change legal description of the Enchanted Forest. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Motion and Stipulated Final Judgment for Sparky?s Oil Company, Inc./Parcels 100 and 700 in Brevard County v. John N. Fountain, Individually and as trustee, and Bill Cleve, et al. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge the Florida Contraband Semi-Annual Report for the period of October 1, 1997 through March 31, 1998. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept the Revenue Monitoring Report for the Quarter ending March 31, 1998. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of the State of Florida Office of the Auditor General?s Audit for Offices of the State Attorney and Public Defender Eighteenth Judicial Circuit for the period January 1, 1997 through December 31, 1997 pursuant to Section 11.45(8), Florida Statutes. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint/reappoint the following:

Michelle "Shelly" Armstrong, to July 6, 1999.

Evon Jackson, to July 6, 1999.

Kathy Jarrell, to July 6, 1999.

Albert Thomas, replacing Molly Mercer, to July 6, 1999

Tom Kreuzinger, replacing Durwood (Doc) Clingenpeel, to December 31, 1998.

Ray Schenck, to December 31, 2000.

Myron Stevens, replacing Mark Amos, to December 31, 1998.

Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approved bills and budget changes as submitted. Motion carried and ordered unanimously.

Kevin Ryan, representing Friends of the Melbourne Beach Library and the South Beaches Jaycees, requested the Board?s support for a library for the Town of Melbourne Beach; noted recent efforts to site a 7-Eleven at the corner of Ocean Avenue and Oak; and stated the community would like to have a library at that site. He stated Micah Savell who owns the site has consented to consider the issue; and they plan to submit proposals to the Board on July 14, 1998. He requested the Board direct the County Manager to work with Mr. Savell, and if they are unable to come to terms, to have a straw ballot for a municipal taxing unit for vote by the residents of Melbourne Beach on September 1, 1998, specifically asking for $400,000 to build a library in the Town of Melbourne Beach. He stated the Jaycees will donate all of their fundraising activities until the task is completed; outlined planned activities; and advised there are other community organizations working to raise funds for the activity.

Howard Doane stated he has no objection to a library in Melbourne Beach, but objects to the location because of the traffic. He stated the proposed site is the wrong site for a library; the same organizations which are proposing the library also oppose a traffic light at that location although a study done by the Department of Transportation recommended a traffic light to alleviate the congestion; and the organizations think that siting a library at that intersection will prevent the building of a 7-Eleven. He stated if the library becomes a Brevard County Public Library in the future, it may not be big enough; and unless a traffic light is installed, it does not make any sense to put a library at this location. He requested the County study it.

Commissioner Higgs stated the issue of the traffic signal has been wrapped with the issue of the library and the 7-Eleven inappropriately, as they are separate issues. She stated for the past year a number of people have talked about a library for the South Beaches; and the Library System has recognized that the County would want to see a library for the South Beaches in the future. She stated what is before the Board is a request to ask staff to come up with definitive proposals for the Board?s consideration on July 14, 1998. Commissioner Higgs stated the site is a potential 7-Eleven; Mr. Savell is the developer; and she and Mr. Savell are working to see if it can come together at this site. She stated it is an expensive site; and there are a number of different proposals, including the possibility of the citizens being asked to demonstrate their support in an MSTU if it moves forward with an acquisition. She requested the Board direct staff to develop specific proposals for the Board?s consideration on July 14, 1998 for either acquisition or potential lease of a facility at that location, and direct the County Attorney to develop ballot language to see what the citizens want to do. She noted the time frame, due to contractual obligations of the developer; and stated the Board has a report concerning the financing. She stated Commissioner Cook is concerned about the Suntree/Viera Library; she is not trying to do anything to the detriment of that project; and there are indications it may be possible to move forward with both libraries. She stated the Suntree/Viera Library was started in a rented facility; due to the donation of the land, the construction of a permanent building is beginning to move forward; so some precedent was set with the Suntree/Viera lease. She stated the other possibility, if the site is acquired, is to have citizen participation as there was in Cocoa Beach; and the Melbourne Beach residents are saying they are ready to step forward, recognizing this is an expensive proposition. She stated the information is not there for a decision today, but she would like to get the information for next week.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to come back to the Board with specific proposals for acquisition or lease of library facilities for a South Beaches Library; and direct the County Attorney to draft ballot language for a possible referendum for a Library MSTU for the South Beaches.

Commissioner Cook stated the Suntree/Viera Library is in the pipeline; there has been a $550,000 donation of land; the funding will be within the system for the permanent facility; and if the requested action has no impact on that, then he has no objection.

Commissioner O?Brien stated according to the Charter, the MSTU would have to go to referendum. Commissioner Higgs stated at this point, it would not have to go to referendum, but the Board would be reluctant to move forward without asking the citizens. Commissioner O?Brien expressed concern that the movement toward the library would take place because the people of the community do not want a 7-Eleven built on the site; and it is not common for the Board to look at the most expensive property versus the least expensive. Commissioner Scarborough advised the Board bowed to the desires of the community in Cocoa Beach, and spent more money than necessary because the community wanted a certain location. Commissioner Higgs stated prior to the 7-Eleven discussion, she met with the owner of the parcel as a possible library site; and there is limited commercial property in the Melbourne Beach area. Commissioner O?Brien inquired where is the location; with

Commissioner Higgs responding it is at the intersection of A1A and Ocean Avenue on the northeast corner. Commissioner O?Brien noted it is a small site.

Commissioner Cook suggested an analysis be done of the traffic; and inquired where would the funds come from for the acquisition; with County Manager Tom Jenkins responding it would be a combination of reserves on hand, participation by the Town of Melbourne Beach through an MSTU, and possibly a short-term borrowing in order to do both libraries. Commissioner Cook inquired if it would have any impact on Suntree/Viera Library; with Mr. Jenkins responding it would not, if the Board is willing to entertain short-term borrowing to build both at the same time. Commissioner Higgs stated the critical issue timewise would be the property because of the contractual relationships; but this library would be in line behind the Suntree/Viera Library.

Commissioner O?Brien stated this year the Sheriff wants to give all the deputies a raise; the Board wants to give all the firefighters their step plan; and library expansions could cause the Board to have to raise taxes. He stated the Board has to be careful about how fast it moves on the libraries and the cost.

Commissioner Higgs referred to the letter of June 29, 1998 from the Financial Specialist with Library Services; and stated there are ways of moving forward within the restraints of the finances. She stated she would not bring this issue to the Board if she did not think there was the ability to begin to move on it. Commissioner O?Brien stated if there are resources to expand the library, and the library is not expanded, the budget should be cut accordingly. Commissioner Cook stated there have been some reductions. Commissioner Higgs stated the library millage has gone down below the rollback rate for three years in a row. Commissioner O?Brien stated if the resources are available now, then those resources are surplus if not used.

Commissioner Cook stated part of the formula is the possibility of an MSTU in the South Beaches as a funding mechanism; and that would require the approval of the citizens. Commissioner Scarborough stated that is an unusual and additional commitment that has not been undertaken with the expansion of any other library; and to have the people vote to put a tax on themselves indicates the strongest commitment to the library. Commissioner O?Brien stated they have not voted for it yet; and on Merritt Island there has been an MSTU since 1963. Commissioner Scarborough suggested the Board discuss why there is an inequity in one library having a tax. Commissioner O?Brien stated he has been working on it.

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

Chairman Voltz called for the public hearing to consider approval of Certificates of Public Convenience and Necessity for Cities of Titusville, Cocoa Beach, and Melbourne ALS Non-transport Services.

Public Safety Director Jack Parker advised in accordance with Chapter 401, Florida Statutes, and Chapter 64E of the Florida Administrative Code, first responders providing advanced life support level of service must possess a Certificate of Public Convenience and Necessity (COPCN); the Cities of Titusville, Cocoa Beach, and Melbourne applied for the ALS Non-transport COPCN; and the EMS Review Committee unanimously approved having the cities approach the Board for the COPCN for Non-transport ALS provision. He stated they would like to start putting paramedic firefighters on their fire trucks; and Public Safety would like to encourage that.

County Manager Tom Jenkins stated this is part of the first responder program to get ALS treatment on the scene as quickly as possible.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Certificates of Convenience and Necessity for Advanced Life Support Non-transport by the Cities of Titusville, Cocoa Beach and Melbourne.

Commissioner O?Brien stated the people of Cocoa Beach want to make their firefighter trucks ALS as well; the nearest ambulance is in Cape Canaveral; and once they get past Ron Jons it is F level of service road all the way down. He stated there are many senior citizens in Snug Harbor; and he has asked Mr. Parker to see if an ALS ambulance is available to move into Cocoa Beach. He advised of traffic problems on A1A.

Chairman Voltz stated it is important that all first responders be ALS. She called for a vote on the motion. Motion carried and ordered unanimously.

Chairman Voltz stated the Board is being asked to accept and approve the 20 selected not-for-profit organizations to receive funding for FY 1998-99 as recommended by the Community Based Organizations Funding Program Citizens Advisory Board; and the total amount is $373,000.

Assistant Housing and Human Services Director Jasper Trigg stated the $373,000 represents 26 proposals from 20 organizations; the CBO Advisory Board came up with a recommended list after hearing presentations; and it also includes a $10,000 set aside in addition to the $373,000.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve the $10,000 set aside for organizations needing emergency services during FY 1998-99; and to accept and approve the 20 selected not-for-profit organizations recommended by the Brevard County Community Based Organizations Funding Program Citizens Advisory Board to receive funding for FY 1998-99 as follows: $7,000 to Alco-Hall, Inc., $12,500 to Alco-Rest (P1), $25,000 to Alco-Rest (P2), $5,500 to ARC of Brevard, Inc., $8,000 to Boys & Girls Club of Brevard, $23,000 to Brevard Achievement Center, $10,000 to Brevard Alzheimer?s (P1), $12,000 to Brevard Alzheimer?s (P2), $10,000 to Brevard Alzheimer?s (P3), $5,000 to Brevard Guardian Services, $6,000 to Child Protection Team, $5,500 to Coalition for the Hungry/Homeless, $13,000 to the Community Services Council (P1), $75,000 to Community Services Council (P2), $15,000 to Community Services Council (P3), $10,500 to Crisis Services of Brevard, Inc., $10,000 to Crosswinds Youth Services, Inc., $30,000 to Family Counseling Center, $8,000 to Happy Landings Home, Inc., $9,000 to Hidden Potentials, Inc., $33,000 to HOW House, Inc., $2,000 to Pregnancy Resources, $4,000 to South Brevard Women?s Center, Inc., $20,000 to Salvation Army (P1), $4,000 to Salvation Army (P2), and $10,000 to Space Coast Early Intervention. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider resolution vacating public utilities and drainage easements in Fortenberry Place as petitioned by Eugenia H. Pope.

There being no comments or objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt resolution vacating public utilities and drainage easements in Fortenberry Place as petitioned by Eugenia H. Pope. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider resolution vacating public utilities and drainage easement in Tropical Gardens Subdivisions as petitioned by Bill and Lisa Harrison.

There being no comments or objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt resolution vacating public utilities and drainage easement in Tropical Gardens Subdivision as petitioned by Bill and Lisa Harrison. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider resolution vacating public utilities and drainage easements in Wingate Reserve as petitioned by Edward P. Harrison.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utilities and drainage easements in Wingate Circle as petitioned by Edward P. Harrison. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider resolution vacating public utilities and drainage easement in Silver Pines Estates, No. 2 as petitioned by Linda K. Adams.

Commissioner Cook inquired if there is anything that needs to be changed; with Assistant Public Works Director Ed Washburn responding staff would like to do without the hold harmless agreement.

There being no further comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt resolution vacating public utilities and drainage easement in Silver Pines Estates, No. 2 as petitioned by Linda K. Adams, with no hold harmless agreement required. Motion carried and ordered unanimously. 146.)

TOWNSHIP 24S., RANGE 36E - LAKE POINSETT SHORES, INC.

Chairman Voltz called for the public hearing to consider resolution vacating drainage ditch in Section 31, Township 24 South, Range 35 East as petitioned by Lake Poinsett Shores, Inc.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt resolution vacating drainage ditch in Section 31, Township 24 South, Range 35 East as petitioned by Lake Poinsett Shores, Inc. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider an ordinance regulating the use of vessels along the Atlantic Ocean.

Jacky Echols advised on June 16, 1998, at the Sebastian Inlet, her daughter was involved in a jet ski accident; described her daughter?s injuries; and stated it is important for the Board to pass the Ordinance.

Tim Buffaloe stated he is in full agreement with the laws the Board put together on personal watercraft in the Atlantic Ocean.

Jan Hall, representing Bombardier Recreational Products and the Personal Watercraft Industry Association, thanked the Board for directing staff to address the issue of boating safety and protection of people who use the beaches; stated Assistant County Attorney Christine Lepore worked hard to make the ordinance fair and reasonable; and requested the Board support the ordinance.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt an ordinance amending Chapter 122, Article II, Code of Ordinances of Brevard County, Florida; specifically creating Sections 122-130 regulating the use of vessels along the beaches fronting the Atlantic Ocean; providing for area encompassed; providing for conflicting provisions; providing for severability; and providing an effective date.

Commissioner O?Brien stated he received telephone calls, and discussed the issue with some of the distributors of personal watercraft; they were not in favor of the ordinance; however, with Bombardier?s help to recognize the danger, he is able to support the ordinance. He advised of the Monroe County Ordinance. Commissioner Scarborough stated in Monroe County, the distance is 1,200 feet.

Ms. Hall stated the Monroe County only applies to 2% of the County area; and it is being challenged by the Personal Watercraft Industry Association.

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

Chairman Voltz called for the public hearing to consider an ordinance providing for competitive bidding, prequalifying, and debarring of construction contractors.

Chairman Voltz inquired if the ordinance would be retroactive; with County Attorney Scott Knox responding no.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt an Ordinance amending Chapter 2 of the Brevard County Code to create Article VII, a procedure for prequalifying construction contractors, for competitive bidding criteria and for debarment of construction contractors and sureties; providing for alternative construction delivery methods; providing for prequalification and competitive bidding criteria and procedure; providing for debarment criteria, procedure, and for a standard of proof; providing for editing of the ordinance for inclusion within the Brevard County Code; providing for severability; and providing an effective date.

Commissioner Cook inquired if all contracts in excess of $50,000 would still come back to the Board; with County Manager Tom Jenkins advising it is over $35,000. Commissioner Cook stated on page 4, the bonding requirements are eliminated for projects under $100,000 in order to encourage economically disadvantaged businesses to participate in the County process because some of the bonding requirements were stringent and eliminated the smaller businesses from participating. He stated 4(b) says, "other evidence of financial capacity as identified in the bid documents"; and expressed concern that this will go back to the same problem. He stated the Board wants to encourage small businesses to have a chance at County business, and wants them to be economically solvent; but at the same time, they do not have to be the Boeing Corporation to bid on smaller projects; and inquired if there is any way to better state that in the ordinance. Assistant County Attorney Katherine Harasz advised the Board could be more specific about what financial criteria would be required; and the downside of eliminating the financial criteria is there would be no evaluation of a firm?s financial ability; and if a subcontractor does not get paid as a result, there would be no payment bond to look to for recourse. She stated the upside of eliminating a financial evaluation is it would allow small firms to participate; if something happens, the ordinance provides for an evaluation system where that will be noted; and if a firm comes up for another job, whether their payment practices have improved would be considered. She advised the Committee struggled with how to evaluate financial criteria short of requiring a bond.

County Manager Tom Jenkins stated the primary interest was that the smaller companies would probably not have a formal financial statement so it would be an extra cost to them; and staff was looking for some indication of financial stability, which could be bank accounts, credit reports, number of years in business, etc.

Commissioner Cook stated the County has done huge renovations with start-up businesses; and he would not want to use number of years in business as a sole criteria. Mr. Jenkins stated it would be one of several criteria.

Commissioner Scarborough stated he is happy with the current wording; and described the problems with a fire station built in Mims. He stated some of the subcontractors were going bankrupt; and the County let another contract to the same contractor because it did not have criteria. He stated with this criteria, the County will not be stuck with the State law; and frequently the contractor and bond agency are out of State, and it is the local subcontractors who get hurt. Commissioner Cook stated if the Board is happy with the wording, he is happy to leave it in, but wanted to be sure the Board was not reversing itself.

Commissioner O?Brien stated it is for contracts of $100,000 and under; and inquired if the percentage of the job given to subcontractors could be limited. He suggested 30% of the work could be done by subcontractors and the contractor would have to do all the rest; and stated that is one way of controlling how badly the subcontractors are hurt.

Commissioner Cook stated 5(c) says, "an individual may be temporarily debarred for a period up to three years upon suspicion of involvement of any of the causes cited in paragraph (b)"; and inquired how that works, and who would determine if there is suspicion of doing a violation of offense. Ms. Harasz stated a lot of times there might be an investigation conducted which will not result in conviction, but staff will have reason to believe something occurred which is inappropriate under the contract; the decisions will be evaluated closely by a committee of the people and will be appealable to the Board; so there is a lot of due process in the ordinance to act as a check on that. Commissioner Cook stated "suspicion" is too broad; and if the County is going to debar someone from doing business with the County for up to three years, it should be stronger than a suspicion.

County Attorney Scott Knox suggested it be changed to, "substantial evidence of" instead of "suspicion." Commissioner Scarborough stated that wording change is acceptable.

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

Chairman Voltz called for the public hearing to consider request from Boykin Hotel Properties. L.P. for variance from Brevard County Coastal Setback Line as petitioned by Melbourne Beach Hilton.

John Payne stated Boykin Hotel Enterprises has been in Brevard County since 1986; it owns two hotels; and it is asking to put a spa on the existing pool deck at the Melbourne Beach Hilton. He displayed drawings of the project; stated Florida Department of Environmental Protection has approved a permit; and Brevard County staff has looked at it and backs it. He stated it is an existing concrete deck; the encroachment would only be because of the 1986 25-foot setback rule; and he does not see a problem with it. He stated it is over an existing drainage system; no environmental impact would happen; and it is an improvement of an existing deck.

Chairman Voltz inquired if it is part of the overall plan to improve the hotel; with Mr. Payne responding yes. Commissioner Cook stated there is concrete there now. Mr. Payne responded they

are not moving any closer to the ocean with anything; it is right next to the existing pool on the existing pool deck; and because of the setback laws, they need a variance.

Nelly Strickland stated she has seen the beaches wash away over the past 42 years; if the Board approves the variance, it will set a precedent which is not good; and requested the Board use long-term thinking. She stated if the beaches are not protected, the inlands are not protected.

Chairman Voltz stated this is an existing structure; and the plan is to open up part of it to set the spa in. She noted there was no coastal erosion from 1972 to 1986 in this area.

Commissioner Higgs stated she has not supported most variances; however, in this case the applicant is going to put a hole in an existing slab to insert a jacuzzi; while it would be better to not have anything encroaching, the deck is already there; and she will support the variance.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant a variance of 15 feet to the Brevard County Coastal Setback as allowed for in Section 8 of Ordinance 85-17 or Chapter 62, of the Brevard County Code.

Commissioner Scarborough inquired if it would increase the probability of more damage if there is heavy surf. Debbie Coles stated the reason staff brought this forward was because of the

excavation; the Ordinance has a specific section that deals with hollowing, scooping, excavating, etc. within the area of the setback; she would assume that was included to address the fact that it could possibly cause an increase in damage if it was hollowed out; and rather than just breaking the deck, it could break more costly structures. Commissioner Scarborough inquired if it would lead to further erosion of surrounding properties; and to what extent would that affect properties in proximity; with Ms. Coles responding it would not have much effect, if any. Ms. Coles stated there would be minimal damage; and described the topography of the site.

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

Chairman Voltz called for the public hearing to consider request for Conditional Use Permit for Towers and Antennas for Orlando Utilities Commission.

Jack Kirschenbaum, representing Sprint, stated this is a request on behalf of the Orlando Utilities Commission to allow a conditional use permit to erect a cellular tower on property on Grissom Road, just north of the intersection with King?s Highway on the west side at the very back of a large retention area. He stated he addressed the Board a month ago; at that time the outstanding issue was that the tower would be in general proximity to Space Coast Executive Airport; and the report from the FAA states that proposed construction would not exceed FAA obstruction standards, would not be a hazard to air navigation, and that marking and lighting are not necessary. He stated the FAA is saying the tower up to 160 feet is of no concern.

Commissioner Cook inquired if the Commissioners received a copy of the report from the FAA; with Zoning Official Rick Enos advising it was faxed to each Commissioner.

Commissioner Scarborough stated when there was a tower siting in the Micco area, the Board was shown various scenarios and locations; and Mr. Kirschenbaum presented information only for the one lot, and not alternatives for other locations.

Brian Borgiet, representing Sprint PCS, stated he is a radio frequency engineer responsible for the design of the PCS digital network in Brevard County; and explained the search ring area, revised search area, and why the ring became smaller. He stated due to FAA conditions and the lower height of the tower, he was forced to put the site along the Canaveral Groves area.

Commissioner Scarborough stated there was another tower before the Board; B. B. Nelson indicated his site near the interchange was an acceptable area for the tower; and inquired if the whole area is open where it could be placed anywhere within the area. Mr. Kirschenbaum advised it does not work with the existing co-locations and the other tower sites in the system; and that is why the blue circle excludes Mr. Nelson?s and other towers. Commissioner Scarborough inquired if the tower has

to be located within the blue area; with Mr. Kirschenbaum responding affirmatively. Mr. Borgiet pointed out the major transportation corridors on the map. Mr. Kirschenbaum inquired what the diagram represents; with Mr. Borgiet responding each color indicates a signal strength; along I-95 there is questionable coverage; and Port St. John is not covered at all. He displayed a diagram showing coverage with the proposed tower. Commissioner Scarborough inquired if moving the tower to the southwest would adversely affect the coverage; with Mr. Borgiet responding yes, there would be interference problems. Commissioner Scarborough inquired why would there be interference problems; with Mr. Borgiet explaining about the proximity of the towers, the signal at a high level, noise floor of the cell, and decreased coverage. Commissioner Scarborough stated there are tradeoffs; and one of the things to be considered is air safety.

Discussion ensued on whether siting the tower in various areas would create interference and loss over coverage on U.S. 1.

Gregory Popp, Chairman of the Titusville-Cocoa Airport Authority, stated one of the things notably absent from the depiction that has been presented to the Board is the presence of the airport; and that is a glaring oversight.

Chairman Voltz inquired who did Mr. Popp?s map; with Mr. Popp responding it is the applicant?s map. He stated the airport is depicted with a small dot which is not an accurate depiction. He stated what the FAA looked at and authorized is an evaluation based on a perfect world environment; it looked at the prospect that pilots would fly their aircraft precisely in coordination with the approaches and other aspects of coming and going from the airport; but in the real world that does not happen. He stated there is a safety risk in erecting tall structures in proximity of the airport; the airport is already suffering from a decision to allow a cellular tower southeast of the airport toward the Orlando Utility plant; there was an endangerment to the safety of flight occasioned by another pilot failing to operate his aircraft correctly; and described the situation. He stated he was at the airport this week observing the activities associated with the fire efforts, and witnessed a near accident at the same tower; and described the conditions and situation. He stated the proposed tower is going to be sited in an area close to the final approach course for the instrument landing system (ILS) to Runway 36; the ILS facilitates the airport being an all-weather airport which maximizes its utility; and if the tower is erected, it will be a hazard to aircraft approaching on ILS. He stated the conditions that take this out of the FAA perfect world are bad weather, turbulence, wind shear, aircraft approaching fuel critical situation, fatigue, and poor visibility; those conditions result in aircraft descending not precisely on the approach course; and the tower will be a safety issue. He stated a pattern is setting up where the airport is being encased by towers; its utility will be adversely affected; and his mission is to maximize the utility and financial benefit of the airport. He stated an expansion is contemplated to include a new runway, the alignment of which would be very close to the tower location; and if the tower is placed as proposed, it may prevent that from occurring or adversely affect the ability to expand. He stated it will be a safety hazard; he is in disbelief that Mr. Kirschenbaum has represented that the FAA will not require a marking or lighting on the tower; and a 165-foot structure within a mile or less of the runway within the pattern the aircraft fly to land on that runway is inconceivable. He stated a lot of operations are at night; and requested the Board consider the results if a pilot lost an engine and was forced into landing at night, and the tower was unlighted. He stated the location is a poor choice; he has no objection to Sprint improving its cellular service, but that benefit should not be at the expense of safety; and there is a lot of the public that would be impacted by that consideration. He requested the Board deny the request, and the applicant look elsewhere.

Commissioner Scarborough inquired if Mr. Popp was talking about the proposed tower or another tower when he was talking about the difficulties the planes had during the fires. Mr. Popp responded it is an existing tower, and the visibility was marginal; but if the proposed tower was in place, there would have been an equally great or even greater risk. He stated the airport worked hard to make the firefighters? efforts as seamless as possible, but there was a near tragedy because of the presence of the tower. He stated if applicants continue to erect obstacles to aviation in proximity to the airport, the Authority may have to consider condemnation to take those sites away because it cannot risk the safety of the users of the facility or the public that lives nearby by allowing an antenna farm to grow up around the airport.

Chairman Voltz stated in the letter from the FAA it said obstruction marking and lighting are not necessary, although that does not mean the applicant would not put it in. Mr. Kirschenbaum stated the Board was looking to the FAA to tell it the tower was safe; and the applicant intends to light and mark the tower. He stated if the FAA says it is okay to not light or mark the tower, he assumes that means the federal government thinks it is okay to put the tower at that location up to 160 feet. He noted the tower site is in the middle of two power lines that run east and west which are on poles 100 feet high. He stated he was instructed by the Board to wait one month to discuss the search rings and propagation maps, and to get FAA approval. He stated he understands the airport?s concerns; and he assumes the airport expressed the concerns to the FAA.

Bill Hutto, Executive Director of Space Coast Executive Airport, displayed a map, and pointed out the existing towers and the site of the proposed tower. He stated he explained at the Planning and Zoning meeting the concern over the safety of the aerial tower being sited, and received a 5-5 vote; and the FAA in this case required lighting at night and strobe during the day. He stated many people use cellular phones, but having the towers close to the airport causes serious concern. He stated Federal Aviation Administration Regulation 77 was written as a general guideline; it applies to airports the size of Valkaria, Space Coast Regional, and Orlando International; and it does not take into account the type of aircraft that uses the airport, weather conditions, runway orientations, or the number of operations. Mr. Hutto stated the FAA provides the guidelines, and it is up to local government to enforce it and come up with its own rules and regulations. He stated the tower is a serious concern; he watched the large airplane carrying 2,000 gallons of fire retardant plus fuel come in; and described the landing. He stated the last thing aircraft coming in on instrument approaches need is another obstacle, and there are various flight schools and a lot of foreign students. He stated when all of the things are combined with human error, it does not make good sense to allow another obstacle that could cause serious safety concerns at the airport; and urged the Board to oppose the tower based on safety.

Richard Hutchcraft, pilot and controller at Space Coast Executive Airport, advised of the use of the airport by student pilots; expressed concern about the wall of towers going up on the south side of the field; and stated eventually someone will hit one of the towers. He explained why the tower is unsafe in the event of various approaches; and stated he was the controller when the P2 got messed up with the retardant, and only missed the antenna by the length of a desk. He advised the pilot was a professional who fights fires for a living; and described the incident. Commissioner Scarborough inquired about altitude; with Mr. Hutchcraft responding the approach starts at 2,000 feet, six to eight miles south of the field, with a continuous descent based on certain parameters. Mr. Hutchcraft advised of the possibilities of problems with student pilots; and stated the landing and takeoff are critical. Commissioner Higgs inquired how long has Mr. Hutchcraft been an air traffic controller; with Mr. Hutchcraft responding 16 to 17 years, and in Titusville for five years. Commissioner Scarborough inquired if Mr. Hutchcraft is employed by the FAA; with Mr. Hutchcraft responding no, he works for RVA which has the contract with the federal government. Commissioner Higgs inquired how many operations are there; with Mr. Hutchcraft responding between 125,000 and 130,000 per year, and growing.

Mr. Kirschenbaum stated he is not a pilot or air traffic controller, and was relying on the FAA to advise if the tower was safe; they intend to put lights and markings on the tower; it is between two lines of high tension power poles that are almost 100 feet high; and if a plane is in trouble this far from the airport, the tower will not be its biggest problem. He asserted the tower is not a danger; the technical requirements dictate the tower?s location; and if the Board turns the request down, it may see the applicant again for several other towers.

Commissioner Scarborough stated the power lines are already out there; and inquired if it would be possible to put multiple lower signals on the power poles and keep it at the power pole height; with Mr. Kirschenbaum responding that was investigated, and they cannot get the breakthrough with OUC to do that. Commissioner Scarborough inquired if the Board could work with Mr. Kirschenbaum and OUC; with Mr. Kirschenbaum responding he would prefer the Board consider the request first, but if the Board does not approve it, he will work with the County on every issue. Commissioner Scarborough stated if there is a methodology where signalization could be placed on existing structures, that would be idea. Mr. Kirschenbaum stated the best information they have says this is not a safety concern.

Commissioner Cook stated Mr. Hutto tried to contact him yesterday, but he did not get a chance to talk to him. He stated Mr. Nelson also expressed opposition.

Commissioner Scarborough stated he and Mr. Hutto were at the airport recently talking to the Forestry Service, and he mentioned he would be in opposition although they did not get into substantive matters.

Commissioner Higgs stated the Board received written advice from the FAA as well as advice from the local experts; and there is conflicting testimony. She stated the Board gets different advice and interpretations from different offices of the FAA; and she has confidence in the local aviation people.

Commissioner Scarborough stated Commissioner Higgs has interfaced with OUC in the past; and suggested she work to get concessions from OUC to avoid new structures. Commissioner Higgs stated she will be happy to do that, but she does not know if it will be successful.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to deny request for a Conditional Use Permit for Towers and Antennas at the corner of Grissom Boulevard and Kings Highway on property owned by Orlando Utilities Commission.

Zoning Official Rick Enos suggested the Board consider waiving time for reapplication.

Commissioner Scarborough amended the motion to include a waiver of time for reapplication; with Commissioner Higgs accepting the amendment.

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

The meeting recessed at 12:07 p.m. and reconvened at 1:03 p.m.

Chairman Voltz stated there has been a request to postpone discussion on the Sheriff?s 1998-99 budget for a week.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of the Sheriff?s proposed budget for FY 1998-99 to July 14, 1998. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Interlocal Agreement with Brevard County School Board for implementation of the Polystyrene Recycling Program.

Commissioner Cook inquired if the County will be donating the machines to the School Board; with Solid Waste Management Director Richard Rabon responding that is correct. Chairman Voltz stated there are 55 machines.

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

Bill DiMarzo advised of Palm Bay?s track record in developing its own utility system. He stated there are 10,000 to 15,000 property owners in the central part of the City who are in dire need of water mains and are being deprived of their legal right to sell and/or develop their properties; and explained how the County regulations compound the problem. He inquired where were Melbourne and West Melbourne in January, 1994 when the owner of the Lakes of Melbourne Subdivision whose treatment plant was failing went to Palm Bay to bail him out; advised of opposition to the plan at the January 16, 1994 meeting; and stated several weeks later Palm Bay made the connection and agreed to a charge of approximately $300,000 a year. He inquired about complaints to the County about high water rates in the Police Foundation area. He stated Richard Jacobs, Utility Director of Palm Bay, mentioned to property owners on a few occasions that if the City plans are not accepted, the State would declare a moratorium on new construction in their area. He stated he would welcome the State?s involvement because it would have to substantiate the assertion of polluting the Indian River Lagoon and contaminating the ground. He stated the only solution to the problem is for the County to initiate an independent County water and sewer authority to professionally manage, direct, administer, plan and construct all necessary treatment plants and place the services, for a fee, at the disposal of the municipalities that need them. He advised of the success of the City of Indianapolis in privatizing its utility system, but stated he is not saying this type of authority should be privatized. He stated the Board needs to make major decisions for the future development of the County; the County can exhibit leadership for a sound and sensible solution to stabilize many of the problems facing the cities; and the County has to get more involved in these matters.

Mary Tees, President of the Port St. John Homeowners Association, stated Palm Bay presents its position of extending its water and sewer area into Melbourne or West Melbourne; and this places all residents in the unincorporated areas of Brevard County in jeopardy of any other water service area being extended without the approval of the residents or an interlocal agreement. She stated the County Commissioners must take definite action to protect the citizens of Brevard County from actions of this kind occurring in other parts of the County, specifically Cocoa or Titusville taking this same position. She stated a lot of the homes in Palm Bay are being forced to go onto an aerobic system; and inquired why is Palm Bay not taking care of its own residents before going into another area.

Carole Thompson, representing the Board of Directors and membership of Carriage Gate Homeowners Association, requested the Board join in the proposed litigation against the City of Palm Bay regarding Ordinance 98-13. She stated at the County Commission meeting on June 16, 1998, the Board voted to request the City Council rescind Ordinance 98-13, and approved a letter of objection to the Ordinance, but Ordinance 98-13 still stands. She stated Ordinance 98-16 does not go far enough to rescind the entire Ordinance; and there has been another amendment, ordinance 98-21, which had its first reading on July 2, 1998 regarding Section 7 of Ordinance 98-13. She stated Carriage Gate has been repeatedly told by the City of Palm Bay that the subdivision is not in the proposed reserve area; but referred to the language of Section 4 which refers to the five miles, which can be amended from time to time. She stated Carriage Gate is within the five-mile limit; and expressed concern that the Ordinance can be amended and has been amended. She stated Chapter 180, Florida Statutes has never been used the way Palm Bay is using it; and the precedent is for the entire State. She stated residents of unincorporated properties have filed objection; the City of Palm Bay has listened, but gone ahead with its intentions; and the only obstacle that can stop Palm Bay is intervention by the Board.

Carol Johannessen stated Palm Bay has declared a five-mile area surrounding the City for the purpose of water and sewer reserve; the City did not ask the residents whether they needed this assistance; she is not permitted to participate in any type of voting on the issues as she is not a resident of Palm Bay; and it is unconstitutional. She stated Chapter 180, Florida Statutes, may allow for more than water and sewer services by Palm Bay; and the City may also clean and improve streets, channels, regulate the flow of streams, provide for the collection and disposal of garbage, and construct, maintain and operate airports, hospitals, jails, and golf courses. She stated the Board is the body of government which represents her and the other residents in the unincorporated area; and requested the Board join Melbourne and West Melbourne in filing a Notice of Intent to Litigate under Chapter 164, Florida Statutes.

Mark Ryan, City Manager of City of West Melbourne, requested the Board join West Melbourne and Melbourne in the litigation as it is a Countywide issue. He stated no entity should have a reserve area; government should protect its citizens; and they should have participatory rights.

Commissioner Higgs stated the Board took a position opposing the reserve area, and asked the City to withdraw the Ordinance. She stated the County Attorney has provided a map; while she appreciates the area that was deleted, it did not go to the full extent the Board requested; and recommended maintaining the objection. She stated there are fundamental issues about the rights of citizens in unincorporated areas to have the representatives they elect to make those kinds of decisions. Chairman Voltz inquired if that means getting involved in the litigation; with Commissioner Higgs responding the County Attorney advises this is the Board?s last opportunity to join in that. County Attorney Scott Knox advised the Statute requires 45-day notice to the City if the Board wants to get involved in the litigation; the City has to hold a public hearing with the Board and the City Council to iron the problem out; and if the City does not do that, the County can join the suit. He stated one of the issues the Board faces is the issue of standing which Melbourne and West Melbourne do not have a problem with as they provide utility services; and the County may or may not provide the services in the areas that are affected. He stated one of the ways to get standing is to have a competing interest with the City of Palm Bay; and that can be done by creating a water and sewer district under Chapter 153, Florida Statutes. Commissioner Higgs stated the Board should move forward to preserve its ability to object at all levels; and the establishment of a water and sewer district under Chapter 153 is something the Board should do. Commissioner Scarborough stated it is critical to move forward, understanding there may be standing questions that could remove the County from the action. He stated if the Board does not move forward, the people may understand it as less than a full commitment; and he will support a motion to proceed with litigation.

Commissioner Cook stated the Board needs to maintain its standing because it affects the unincorporated area; and as the people being impacted do not elect the people who are expanding the area, it creates a standing issue, although he does not know if the courts would recognize that. He stated it creates a vested interest, so the Board should go forward. He inquired about designating an area retroactively. Mr. Knox stated in two instances it would not be suspect; in Port St. John a study is being undertaken now; and the same thing may be true in South Brevard where there are discussions on the acquisition of Avatar Utilities. Commissioner Cook stated he has no problem looking into it, but the Board has standing regardless of whether it creates a water and sewer reserve district; and he supports going forward with litigation.

Chairman Voltz stated she supports going forward with litigation; there are a lot of people who have no representation; and she is hearing requests for help. She stated the Board has to represent the people before the City of Palm Bay.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Attorney to represent the position of the Board before the City Council objecting to the Ordinance, and putting the City on notice of the Board?s intent to join the litigation.

Commissioner O?Brien inquired what is the difference between what is occurring and the Cocoa Water Utility which provides water to the unincorporated areas. Mr. Knox stated in this case the City of Palm Bay is declaring the area which it is not providing service to as the City?s area, and no one else can come into it; whereas the City of Cocoa extends its service to those areas. He stated if Palm Bay was ready to provide the service in the area which it is declaring as its reserve area, it would probably be all right under the Statute, but it is not ready to do that; and Cocoa has been expanding its system as it goes. Commissioner O?Brien inquired how did the provision of water to Cocoa Beach by the City of Cocoa work. Mr. Knox stated the difference is the City said it was going to provide service, and did it; but in the case of Palm Bay, the City is not ready to provide the service. Commissioner Cook explained how the City of Cocoa came to provide water for Cocoa Beach. Commissioner Higgs stated negotiations have taken place between the major providers and those who want water; in going into the unincorporated area, those kinds of negotiations have occurred; and she is not sure the County wants to be a water or sewer provider in every situation, but it has a responsibility to those who live there to participate in the decisions.

Chairman Voltz stated Palm Bay?s contention is that the County has nothing to do with it; and she disagrees with that as the residents are represented by the Board. She expressed concern about the right of first refusal.

Commissioner Scarborough stated he has concerns about the right of first refusal; Cocoa provides water in Port St. John; and outlined the notification process and how the two governments worked together. He stated this is not intergovernmental coordination, but government by decree; and that is not the way things should be done in Brevard County. Chairman Voltz stated if Palm Bay wanted to set a reserve area, it could have worked it out with Melbourne and the County.

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Manager and County Attorney to work together to develop a proposal for the Board to consider in the next 30 days on the establishment of a water and sewer district, and to advise of the implications of such an action. Motion carried and ordered unanimously.

Chairman Voltz stated there was a question about whether the County could have told Palm Bay it could not designate the reserve area; with Mr. Knox responding no, the County could not have told Palm Bay not to do it. He advised Palm Bay has the authority to do what it did, but only under certain circumstances; and he does not think those circumstances exist. Chairman Voltz stated she read through ordinance 98-21, and did not see anything stating what specific areas are not encompassed.

DISCUSSION, RE: EFFECTS OF CRYPTOPERIDINIOPSIS ON INDIAN RIVER LAGOON

Commissioner Scarborough stated Walter Pine addressed the Board about cryptoperidiniopsis; in the interim, there was a meeting at Florida TODAY which staff attended and meetings held in his office; and expressed reservations about the instruction to Mr. Jenkins and Mr. Peffer to have a forum. He stated the Board needs to be informed, but there are a lot of things which are over its head; and suggested not having a forum at this time.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to reverse the Board?s previous instruction to the County Manager concerning conducting a public meeting at Viera to obtain additional information concerning the effects of cryptoperidiniopsis on the Indian River Lagoon. Motion carried and ordered unanimously.

Commissioner Cook inquired if all of the costs will be reimbursed to the District 4 Road and Bridge MSTU; with Assistant Public Works Director Ed Washburn responding the VA will make a contribution of $500,000; and at the end of the project, the costs are audited, and what is not used is returned to the Veterans Administration. Commissioner Cook inquired what fund does the money go into; with Mr. Washburn responding he does not know. Commissioner Cook requested that information be provided.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Agreement with the Department of Veterans Affairs for construction of access road and waterline to serve the VA Outpatient Clinic; and accept the Right-of-way Deed for the access road from The Viera Company. Motion carried and ordered unanimously.

Ruth Wallen and Patricia Hobby described the community before and after the Winn Dixie came in; and advised of dangerous situations, near accidents, and what has been done to plan the traffic to no avail.

Chairman Voltz stated the staff information says that 2% of the vehicles were speeding in the morning and 1% in the afternoon. Ms. Wallen stated there were 450 people speeding over a 24-hour period. Ms. Hobby stated the cars slow down when they see the speed counters. Mr. Wallen advised another survey was done, but he does not know the results. He stated it is only one-tenth of a mile from Riviera to Boskind Road; it is like a drag strip; and the cars do not obey the stop signs. He advised of the "work safe" concept; stated all they are trying to do is to get things back to being safe. He stated his children could ride their bikes anywhere in the neighborhood; but Ms. Hobby?s children will never be able to do that. He stated they need speed humps to slow the traffic down.

Chairman Voltz requested staff address the 1% and 2% issue. Assistant Public Works Director Ed Washburn advised 60% of the vehicles are exceeding the speed limit by at least 10 miles an hour during the morning and afternoon peak periods; and there were 774 vehicles in a 24-hour period; and approximately 450 vehicles were exceeding the 20 miles per hour speed limit. He stated they put an additional stop sign at the end of the street which did not do any good; they had the Sheriff there on several occasions; and staff has been there looking at it. He stated there are softball and soccer games at the Junior High School, and they use Shannon Avenue to leave the games. He stated it is an extremely high number of vehicles on the street.

Maureen Rupe stated the Port St. John Homeowners Association has been studying this; the speeding is the biggest complaint; and it is escalating throughout the County. She stated speed humps are a quick solution, but not a long-term solution because they send traffic onto other streets, and emergency vehicles do not like them. She stated they have been studying other County?s traffic counting.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the installation of speed humps on Shannon Avenue, located north of Indialantic in Section 25, Township 27 South, Range 37 East. Motion carried and ordered unanimously.

Chairman Voltz stated the purchase price for 98 acres is $525,000. Commissioner Cook stated it is a 50-50 acquisition.

Leonard Spielvogel stated he is attorney for the property owner; and he is available to respond to questions.

Commissioner Cook inquired if this meets the criteria of the appraisals; with Parks and Recreation Director Charles Nelson responding it is a continuation of the acquisition of the Pine Island properties. Commissioner Cook stated this is another acquisition under the EEL Program; and it will be leveraging the money with the St. Johns River Water Management District. Mr. Nelson advised this is a 50% undivided interest which is different from the other issues related to State ownership, and the State is working to change that policy.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to execute Amendment to Participation and Interim Management Agreement with St. Johns River Water Management District for acquisition of the Milliken property adjacent to the Pine Island Conservation Area.

Chairman Voltz stated she spoke with Val Steele yesterday; the owners are satisfied with the price; and they would like to get this over with. Commissioner Cook stated the property is below appraised value. Commissioner O?Brien inquired if the Millikens were landlocked. Mr. Spielvogel stated there is access; and they could always access by boat. Parks and Recreation Director Charles Nelson advised the access was an undeveloped right-of-way. Commissioner O?Brien stated this finishes the entire purchase for North Merritt Island; and it is a win/win situation for the County, for Surface Water Management, and St. Johns River Water Management District. He stated it is a good mix of properties; he wants to see it used; and the Friends of Pine Island are looking at how to help manage and preserve the property.

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

J. Curtin advised of his attendance at a Valkaria Airport Advisory Board meeting where the first matter of business was to rescind all actions taken at the previous meeting. He stated it was an organization dedicated to the destruction of Valkaria Airport and not to its preservation as a valuable County asset. He stated the VAAB lasted until July 15, 1997 when Commissioner Helen Voltz set the record straight by presenting the facts about Valkaria Airport; and from that moment on, the Advisory Board sank of its own weight, eliminating a platform for lies and information. He stated Brevard County and Valkaria Airport do not need another advisory board; it accomplished nothing in the 12 months he monitored it; it has never been a functional entity; and it is time for the Board to admit it acted in haste when it proposed a resolution to resurrect it. He stated the Valkaria Airport Advisory Board is not a viable or worthwhile addition to Brevard County government; and urged the Board to act prudently and set aside six months or more to conduct a thorough study to determine if the advisory board is necessary. He stated if the Board rushes to reform the Advisory Board, he will recommend the Valkaria Aviation Association circulate a petition to the nearly 2,000 voter pilots in the County to seek action on the part of the federal government to reassert ownership of Valkaria Airport on the grounds that the County is not discharging its obligation to operate the airport as a viable recreational aviation facility. He advised of harassment of pilots; stated other airports in the County operate without difficulties; and Commissioner Voltz, County Manager Tom Jenkins and Airport Manager Bill Plutt know what the real problems are, and that a rebirth of VAAB will do nothing to alleviate the maladies.

Martin Hadley stated he was before the Board four years ago as the founding President of the Valkaria Aviation Association, seeking a position on the Valkaria Airport Advisory Board; since then a group of individuals claimed the Advisory Board was ineffective, and requested a single manager; but the manager did not perform the way they wanted him to, so now the Board is back to discuss another advisory board. He stated an advisory board is the way to go; the Board has many advisory boards; if they are staffed with knowledgeable, reasonable individuals, they will provide the Board with the necessary background the Board needs to make an informed decision; but if the advisory boards have biased individuals and convoluted information, they become ineffective. He stated he would like to see the advisory board come back, and be staffed with knowledgeable individuals with first-hand information. He stated the establishment of an advisory board for an airport where the minority is aviation oriented is inconceivable; area residents and businesses should have a position on the advisory board; but he hopes the Board does not allow the advisory board to be overtaken by individuals who do not participate in the aviation system, and are not knowledgeable about the aviation industry. He urged the Board to support the reformation of the advisory board, provided it is properly structured.

Dewey Leidal stated he is the oldest resident in the Valkaria area; and advised of problems in the early years. He stated the Airport became a more viable and useful asset to the community; it is a recreational facility as there is a golf course there; and he supported the golf course. He advised of discord at the Advisory Board meetings; stated most problems were caused by a minority of the people; and an advisory board is needed because it lets citizens, pilots and anyone having an interest to speak their piece. He stated a lawsuit against the County might have been prevented; it cost the County a lot of money; and if the issue had come before the Board, the Advisory Board would have intercepted it. He stated advisory boards bring the issues forward for discussion, and it may be possible to miss out on things that should not take place; and suggested the advisory board meet every two months. He noted he is not an expert on aircraft and has never applied for a position on the Advisory Board.

Jim Soldini stated in some cases the Board may need background information, but not from an advisory board; in the past the advisory board members dealt in opinions rather than facts; and the Board is competent enough to make decisions without an advisory board. He stated it will not be possible to get six people on the advisory board as competent as the Valkaria Airport Manager; and the advisory board will be a drag rather than a help.

Al Marshall stated he moved to Valkaria because of the airport; and he is President of Valkaria Aviation Association, representing approximately 100 flyers. He stated last year it was agreed that the Valkaria Airport needed professional management; the manager did a good job when he was not being harassed by the warring factions; but it was a waste of money because nothing got done. He explained the only way an advisory board will work is to have seven honest, unbiased individuals who have positive input for the airport and the surrounding community in mind. He stated Airport Manager Bill Plutt found a better job which was not hard to do; and advised of the conditions and harassment under which Mr. Plutt worked. He suggested the Board hire a manager who knows what he is doing and let him run the airport.

Chairman Voltz stated she does not support having an advisory board because the previous advisory board did nothing. She stated she previously said she would not appoint anyone to the advisory board; hopefully there will be no advisory board; Mr. Plutt is now gone; and inquired if there has been response from FIT; with County Manager Tom Jenkins responding not yet, but he will call them. Chairman Voltz stated she would like to see FIT manage the airport if it is willing; then there would be no need for an advisory board; and if anyone had a problem, they could go to Commissioner Higgs or one of the other Commissioners. She commented on illegal and irresponsible recommendations and the composition of advisory boards.

Commissioner Higgs stated she supported the suspension of the Advisory Board to see if it was possible to find a way for the situation to be more rational; and she would like to go forward with the advisory board as it was established under the Ordinance with seven members. She advised currently one member is appointed by the Town of Malabar, one is from South Brevard Parks and Recreation Board, one is a resident, and there are four at-large positions; and advised of the background of current appointees. She stated she tried to find people who were representative of the community as a whole, and not only of the pilot community. She stated the information staff has given in regard to the potential resolution to establish the advisory board is good; it limits the issues; and the advisory board could meet quarterly which would allow the information to get out, but would not be overly demanding.

Commissioner Cook stated he does not necessarily object to the advisory board under the current formula, but suggested waiting for a response from FIT. Commissioner Higgs stated prior to the Board hiring a professional manager, she met with the head of the training operation as well as the Dean of FIT; and while they may have changed their position, she is not overly optimistic. She stated the County Manager needs to get appropriate management for this facility in the same way he has every other facility.

Chairman Voltz stated there is no purpose of having an airport manager if the Board does not let him do the things an airport manager does; a handful of residents in the area still control what goes on; and they waste a lot of staff time. She stated every several months the Board is going to be looking for a new manager for the airport, and it will go on and on until the Board decides to do something.

Commissioner Higgs stated the Board decided to hire someone to do the job; the Board voted on the rules, some of which Mr. Plutt recommended and some which he did not; the Board looked at recommendations on the facilities, and agreed to part of it; and the Board has made decisions. She stated the Board just voted on the rules a few months ago, and it needs to allow time for the process to work. She stated one of the speakers said things have not happened; but in the past six years, 24 t-hangars were built, one runway has been totally refurbished, and another runway is ready to be done; and the Board has agreed to do the maintenance on the infield. She stated the Board has moved forward in a reasonable way and should continue the course; it agreed to hire a professional to manage the airport; and although it did not work out, it does not mean that the course of action is less than reasonable. She recommended leaving the rules in place and moving forward with the agreement made to do the runway. She stated the Board made a good decision in the past; it is not looking at other alternatives; and the County Manager needs to hire someone to manage the airport.

Discussion ensued on a manager not being able to do what needs to be done, contact with FIT, decision to have a manager, funding of the airport and manager, and make-up of an advisory board. Commissioner O?Brien suggested an 11-member board, with each Commissioner appointing two individuals, and the eleventh appointment made by one of the Commissioners close to the airport which will put some distance from the neighborhood that surrounds the airport.

Commissioner Higgs stated she does not oppose that; but there is only one current appointee who lives in the Valkaria area; and she made an effort to get people from outside. She stated they are not part of the pilot mentality, but retired pilots would have prejudice towards aviation and airports.

Chairman Voltz inquired if there is anyone who absolutely has to be appointed; with Commissioner Higgs outlining the previous requirements. Chairman Voltz stated three of the appointees are specific. Commissioner O?Brien suggested each Commissioner appoint two individuals. Chairman Voltz inquired who will make the eleventh appointment, and the appointments mandated by the Ordinance. Commissioner Higgs suggested the eleventh appointment be from the Town of Malabar. Commissioner Cook suggested it be made by the Chairman. Commissioner Scarborough stated if FIT steps in, it needs to be part of the formula; and the Board should defer making appointments until it gets a response from FIT. He stated if the Board makes appointments, FIT may read something different into it.

Commissioner Scarborough stated if the Board gets a positive response from FIT, there will have to be some contract which will come back to the Board to be addressed; and at that time the Board could make the appointments. Chairman Voltz stated she does not necessarily think that FIT would have a seat on the advisory board. Commissioner Scarborough stated they may not want an advisory board. Commissioner Cook stated FIT would not be subject to the advisory board. Commissioner Scarborough stated FIT needs to be involved in the thought process.

Chairman Voltz inquired about Flight Safety managing the airport. Commissioner Higgs stated Flight Safety is a flight school out of Vero Beach; and FIT is an aviation college which teaches all aspects of aviation and aviation management including a flight program.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution establishing a Valkaria Airport Advisory Board consisting of 11 members, 2 appointments per Commissioner and one appointment by the Town of Malabar, effective in 90 days unless the Board enters into a contractual relationship that might require the Board to do something different.

Commissioner O?Brien inquired what power would the advisory board have; with Commissioner Higgs responding the responsibilities are outlined in the Resolution. Commissioner O?Brien stated the advisory board can give the County Manager or the airport manager advice, but not authorize actions.

Discussion ensued on the role of advisory boards in the budget process.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table consideration of resolution establishing the Valkaria Airport Advisory Board until after response from FIT.

Commissioner O?Brien stated he would like to get the issue over with. Commissioner Higgs stated the Board keeps putting off the Valkaria issues, and that is why there are some of the problems.

Chairman Voltz called for a vote on the motion to table. Motion did not carry. Commissioners Scarborough and Voltz voted aye; and Commissioners O?Brien, Higgs, and Cook voted nay.

Commissioner Cook stated he is comfortable with the motion as it is; it can be rescinded; nothing will be done for 90 days; and it creates a structure to go forward.

Chairman Voltz inquired if this would be a problem with FIT if it sees there is an advisory board; and stated she would like FIT to know there does not have to be an advisory board. Mr. Jenkins responded he can communicate that the Board left the flexibility to reconsider if necessary.

Discussion ensued on advisory boards, FIT, and maintaining the County?s investment in the Valkaria Airport.

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

Community Development Administrator Peggy Busacca inquired if it was the Board?s intent for the members to be appointed for one year, and since this will not start until later in the year, will it be acceptable that the next appointment would terminate on December 31, 1999, so initial appointments would be approximately 15 months.

Commissioner O?Brien stated there is a policy about this; and if he is not re-elected, for instance, the next Commissioner has the choice to replace all his appointments. Mr. Jenkins stated these appointments will come so late in the year that the person would serve two or three months and then be replaced.

Chairman Voltz inquired if the advisory board will have quarterly meetings; with Commissioner Higgs expressing preference for quarterly meetings.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to include in the Resolution that the Valkaria Airport Advisory Board meet quarterly. Motion carried and ordered unanimously.

The Board reached consensus for the original appointments to expire on December 31, 1999, and subsequent appointments to be for one year.

Commissioner Higgs stated if there is not positive confirmation from the FIT group, she assumes that Mr. Jenkins is to go forward to hire appropriate management.

AWARD OF BID #B-2-8-60, RE: AGRICULTURAL AND AQUATIC CHEMICALS

Motion by Commissioner Higgs, seconded by discussion by Commissioner Cook, to grant permission to reject the low line item bids and award bids as outlined in the Award Evaluation for Bid #B-2-8-60, for Agricultural and Aquatic Chemicals, for use by the Parks and Recreation and Mosquito Control Departments.

Commissioner Cook requested some overview of the procurement process. Management Services Director Stockton Whitten stated this was approved as part of the annual bid list, but because the estimate for the purchase of the chemical is above $250,000, it is being brought to the Board for approval. County Manager Tom Jenkins inquired were the items bid out; with Mr. Whitten responding the bids were received on March 16, 1998.

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

Mary Tees, President of the Port St. John Homeowners Association, stated the community requests the Board to convene an ad hoc committee to study the area west of the future I-95 interchange.

Nikki Kisner, President of the Canaveral Groves Homeowners, Inc., stated the group endorses the request.

Planning Manager Mel Scott stated construction is about to commence on a new I-95 interchange that will link into a newly proposed Grissom East West connector; and the communities of Port St. John and Canaveral Groves are hoping the study west of the interchange will weave into the efforts that have occurred on the east portion.

Commissioner Scarborough stated there has been a small area plan just for Grissom Road which indicated desire for not many curb cuts and concentration of commercial in an area near I-95, and on the other side of I-95 as well. He stated the second phase is how it will merge into the adjoining streets; and a lot of people have opinions on how it should connect. He stated Mr. Scott wants to deal with a plan to make sure that the same type of planning has been done as was done on the east side; and this will allow property owners and residents to become involved.

Chairman Voltz inquired who would appoint the ad hoc committee; with Commissioner Scarborough responding the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to proceed to bring back plans for the I-95/West Connector area for the Board?s discussion. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the County Attorney to file a Petition for Injunctive Relief in the event Turning Point, Inc. does not cease current operations contrary to Brevard County Codes by July 9, 1998. Motion carried and ordered unanimously.

Commissioner O?Brien stated on Merritt Island in Newfound Harbor, there is a house that is terrible; three years ago, nine truck loads of junk were carted away; the owner has been in a hospital or residential facility; and the County Attorney?s Office got permission to demolish the shack, haul away all of the garbage, and do whatever is necessary to clean it up.

Chairman Voltz stated it appears the County made a mistake, and the Board should give the benefit of the doubt; if Mr. Hambel wins at the Board of Adjustment, the County should waive his fee; otherwise, he should pay his fee up-front and be reimbursed.

Commissioner Cook stated Mr. Hambel would have to pay the fee up-front. County Manager Tom Jenkins advised Mr. Hambel has already paid the fee and wants to be reimbursed. Chairman Voltz inquired if the reimbursement would be before or after he goes to the Board of Adjustment. Commissioner Cook stated it is a wild interpretation, and would allow a person to build a fence 35 feet high.

Doug Hambel stated he hopes the County will read the Code and enforce it; the reason for the judgment is because Code Enforcement does not want to enforce the 6-foot fence Code; and someone could build a fence 42 feet high by their ruling because Zoning is saying someone can haul in six feet of fill dirt. He stated the damage to his property was not caused by the fence, but by all of the dirt that was hauled in to hold the fence up higher than the six-feet.

Commissioner Cook stated he is happy to waive the fee; there should be some review of zoning opinions beyond the Zoning Official; some of them can go back many years; and if it is a bad opinion, the Board should look at whether it is still valid. He stated the Board asked the County Manager to come back with some ideas.

Deanna Davis stated she is not prepared to defend herself; however, if her neighbor is appealing the County?s decision, he should pay for the appeal.

Commissioner Cook stated he will, but if he prevails in his opinion, then the County has made a mistake and should reimburse him. Commissioner Higgs stated she thought that the waiver was for the application fee; and she supports that. Chairman Voltz stated she has no problem waiving the fees, but wants it to be contingent on the outcome of the case.

Motion by Commissioner Scarborough, to waive the application fee of $345 for Doug Hambel if he prevails. Motion died for lack of a second.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to waive the application fee of $345 for Doug Hambel to appeal an administrative interpretation of the Zoning Code to the Board of Adjustment. Motion carried and ordered. Commissioner Scarborough, O?Brien, Higgs, and Cook voted aye; Commissioner Voltz voted nay.

Chairman Voltz stated the Board did not get any new information; the Board?s decision was overturned by the Circuit Court on the basis that there was no competent substantial evidence to support the Board?s decision; and inquired what competent substantial evidence the Board has now that it did not have previous to this. Assistant County Attorney Eden Bentley stated there would have to be a new hearing to deal with the competent substantial evidence issue; when the Board lost zoning appeals in the past, it had to hold a new hearing on the item; and the question in this case is whether the Board wishes to appeal to the Fifth District Court of Appeal. She stated due to the time frame, it was necessary to file the appeal during the Board?s vacation period; and if the Board does not wish to pursue it, it does not have to. She stated the decision is strongly worded at the Circuit Court level; and the chances on appeal are not especially high. Chairman Voltz stated the chances are the County will not win; with Ms. Bentley responding that is true, but if the Board wishes to pursue it, staff has drafted the best petition it can, and developed good arguments.

Commissioner Higgs stated she read the ruling; there were some factual errors in the ruling; and the Board should not allow them to stand. She stated she remembers the situation and the surrounding properties, and thought the Board made a good decision and should appeal. Chairman Voltz stated if the Attorney does not think it will win, she cannot see spending the money to appeal.

Commissioner Scarborough stated it says that witnesses? testimony is irrelevant to the issue; and the Board is going to have to advise people not to come to Board meetings because the Board has no authority. He stated normally the person who knows the situation the best is the person who lives closest to the problem; the court is saying they are irrelevant; and that is harsh language. Commissioner Higgs stated it is not only harsh, it is wrong; and advised of factual errors in the ruling. She stated it implies the County does not have any ability based on a map to determine what is compatible; and there are fundamental issues that should be appealed. Commissioner Scarborough stated sometimes you fight battles and you lose them; but when something is fundamentally wrong, the people want the Board to stand up and say it is wrong. Commissioner Higgs noted the court does not feel bad about telling the County it is wrong.

Commissioner Cook stated part of the opinion was that the two witnesses who spoke in oppositions did not have expert witnesses to validate their opinions; but people who live in the area are experts because they live there. He stated he is puzzled that representation from people coming before the Board to advise the impact will be detrimental to quality of life is not given much consideration on appeal.

Commissioner Scarborough stated the applicants bring the same professional witnesses in under contract, and some experts habitually testify and become jokes.

Chairman Voltz inquired what will the County be presenting on appeal; with Ms. Bentley responding the court will be looking at the written record that was produced by the Board?s hearings, the zoning map, the staff comments, the P&Z minutes, the Board minutes, and briefs and case law which staff has prepared. Chairman Voltz inquired if that was not done the first time; with Ms. Bentley responding it was done the first time. Ms. Bentley stated the local courts interpret the Snyder decision very rigidly, and feel that the Board should deal with the shifting burden through expert witness testimony. Commissioner Higgs inquired if the shifting burden is the law; with Ms. Bentley responding yes, if it is consistent with the Comprehensive Plan. She stated there are staff comments indicating the item is consistent with the Comprehensive Plan; staff advises the Board it is consistent with the Future Land Use Map, not necessarily with all of the policies which require compatibility; and that is what has been argued to the Circuit Court. Commissioner Higgs stated the Comprehensive Plan is two volumes; and inquired if that is being submitted; with Ms. Bentley responding the policies that affect the rezoning are being submitted at the circuit court level and have been submitted at the appellate court level. Commissioner Higgs stated something that is consistent with the Comprehensive Plan as RP might also be consistent as an RR-1. Ms. Bentley stated the matrix showing the zoning classifications was submitted. Chairman Voltz stated everything that was submitted the first time will be submitted the second time; and inquired if there is any additional information; with Ms. Bentley responding it is purely record review. Chairman Voltz stated it is not prudent to use the taxpayer money when the Board will probably lose.

Commissioner Scarborough stated any time you go into court, you take chances; and the people are asking the Board to challenge the law. He stated the City of Orlando has won against the East Central Florida Regional Planning Council; everyone at the East Central Florida Regional Planning Council thought Orlando would lose, but they won; and if they had said they did not have a chance, they would have never gone to court. He stated the people who originally thought about Snyder thought it did not make sense, but it is now the law of Florida. Chairman Voltz stated she does not have a problem doing that the first time, but when it appears the County will lose again, she is against it.

Commissioner Cook stated the Order says no evidence was received showing the existence of a legitimate public purpose in maintaining the RU-2-10 zoning; but the two speakers were the abutting property owners who assumed there was a public purpose because changing the zoning to a more commercial zoning would have a negative impact on their properties. He stated he would support moving forward.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Attorney to appeal the Circuit Court decision in Kokoszka v. Brevard County to the Fifth District Court of Appeal. Motion carried and ordered unanimously.

Commissioner Scarborough requested Mr. Knox report to the Board on the Orange County decision. County Attorney Scott Knox stated the County prevailed on a motion for summary judgment from the Circuit Court Judge; both sides were allowed to submit proposed orders; and the Judge indicated he would sign the order given to him by Orange County. He stated he has a copy of the proposed order but not a copy of the signed order, so he does not know if the Judge changed anything. He stated it was the judge?s opinion that there was nothing in the Statute that mandated the County to provide funding to the Regional Planning Council, and it was no public purpose; however, the order will be appealed.

Commissioner Cook stated the Board has to decide what it wants to do in the interim, and he wants a copy of the order when it is done. He stated the County is on hold as far as paying any dues.

Chairman Voltz stated she has not gotten a summary of the June 5, 1998 meeting. Commissioner Higgs advised she has one. Commissioner Scarborough stated if the Board wants to maintain itself as a part of the Planning Council, the Board needs to come forth and indicate it wants to see the Planning Council become certain things, because if it is not spelled out, it will be more fluff than substance. He stated he would prefer to do that than just not pay the dues; and he is distressed that Brevard County is going to be part of the process without Orange County being at the table. Commissioner Cook stated Orange County has won its case; it is out of the process; and now the largest County in the area will not be part of the Planning Council, so what is the point of everyone

else being involved and paying $120,000 for the privilege when the County receives very little back.

Commissioner Scarborough stated the Board may want to say it wants Orange County be part of the process, and if Orange County is not a part, it diminishes the benefit for Brevard County. Commissioner Cook stated there was discussion about having regional meetings of elected officials in the affected counties, and negate the need to pay substantial amounts of money to be part of the organization which duplicates a lot of what the counties do already. Chairman Voltz stated the other counties will be planning around Orange County which does not make sense; and this can be put on next week?s agenda.

Nelly Strickland commented on the polystyrene recycling program, and amendment to the Special Act for libraries. She advised of her efforts to get a library in Mims; outlined the libraries in each District; and requested a new library for North Brevard.

Commissioner Higgs stated North Brevard got a library. Commissioner Scarborough stated there are three libraries; the one in Mims will be open in approximately one month; and there is also the North Brevard and Port St. John libraries.

Ms. Strickland commented on the incorporation of Port St. John. She thanked the firefighters; and stated it made it clear that there are measures to be taken. She stated with the overuse of water, there will be more hazards; and suggested a waterline be built to the Mims/Scottsmoor area. She stated some of the fires were set by arsonists; and inquired if that is being pursued. Commissioner Scarborough stated it would be best for the Sheriff and Fire Rescue staff to define the problems. Ms. Strickland advised of fire trucks leaving a burning scene and going to a more expensive development nearby; stated those who stayed with their houses to defend their properties fared better than those who did not; and it is amazing that so few people got burned out, but it is still too many. She advised of the report of an out-of-state crew that was not allowed to work, people misusing their power, and need for better planning and management. She stated there were fire trucks sitting, not being used.

Commissioner Scarborough stated it was a complex issue with multiple agencies; some of the people did not have 800 mgh, and were calling information through Deland; people who are unfamiliar with the area were brought in; and he is amazed it worked as well as it did. He advised of the efforts of the County Manager and Mosquito Control. Commissioner Scarborough stated the County Manager has directed staff to do a critique; and anyone who has evidence that trucks were moved improperly should call that in to the County Manager.

Ms. Strickland inquired if the County has enough water in the area; with County Manager Tom Jenkins responding there is a public utility water system in some parts of Mims, but much of Mims and Scottsmoor is sparsely populated. He stated they had to develop a number of water supplies; there was never a shortage of water; however, it had to be moved around. Ms. Strickland stated the North Brevard Treatment Plant on Buffalo Road would be a source of water.

Chairman Voltz explained why some trucks were idle; and stated the firefighters know what they are doing. She stated they would never let a less expensive home burn at the cost of more expensive home. Ms. Strickland stated it should be critiqued; and the Board should get sources to tell it what happened to them. Commissioner Scarborough stated the critique will be available to the public; and things that are missing from it can be readdressed through the County Manager.

Commissioner Higgs stated there probably were some imperfections because it was a human activity; however, overall it was a tremendous effort. She stated the Board will look at the critique; there are always things that can be done better; but she would hate for anyone to leave the meeting thinking that it was less than an excellent effort by all.

Commissioner Cook stated he was at Hog Valley; he saw the firefighters trying to save mobile homes; and it was never based on the cost of the homes. He stated the effort was not perfect, but it was heroic.

Mr. Jenkins stated if anyone in the public saw a fire truck down, it may have been that the crew had been working for 24 hours straight and was taking a mandated break; and the firefighters had no place to go to rest from the physical exertion. He stated the Forestry Division was primarily involved in putting out the wild forest fires; and the County and municipal firefighters were preoccupied with saving structures. He stated if they saw flames in certain areas of Mims or Scottsmoor, they would go to the home and wait to protect it. Chairman Voltz stated it is not always what it appears; and the firefighters know what they are doing.

Upon motion and vote, the meeting adjourned at 3:21 p.m.

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HELEN VOLTZ, CHAIRMAN

__________________________ BOARD OF COUNTY COMMISSIONERS

SANDY CRAWFORD, CLERK BREVARD COUNTY, FLORIDA

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