The Board of County Commissioners of Brevard County, Florida, met in regular session on April 14, 1998, at 9:08 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 Commissioner Randy O'Brien.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the Minutes of the March 12, 1998 Special/Workshop Meeting. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING VOLUNTEER APPRECIATION DAY

Chairman Voltz read aloud a resolution proclaiming April 14, 1998 as Volunteer Appreciation Day. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution proclaiming April 14, 1998 as Volunteer Appreciation Day and recognizing the volunteers of the BRAVE, Court Alternatives, Country Acres, Emergency Management, Public Safety/Fire Rescue, Parks and Recreation, EEL's, Libraries, Literacy, Volunteers in Motion, Agriculture Extension Service 4-H, Master Gardens and Family Community Educators, Solid Waste, and Court Administration/Guardian Ad Litem Volunteer Programs. Motion carried and ordered unanimously.

Human Resources Director Frank Abbate advised of the value of volunteers; and recognized representatives of each volunteer program. He stated the volunteers have donated over 180,000 hours of their time and talents to County government operations in the last year; volunteers are an integral and indispensable part of County government; and next week is National Volunteer Week.

Donald Ellison, representing County volunteers, presented the Board with a framed poster depicting government and volunteers working together for the good of the citizens; and requested the poster be displayed at a central location.

Paulette Davidson, Volunteer Coordinator, expressed appreciation to the Board for the Resolution.

Chairman Voltz thanked the volunteers; and stated the County could not afford to pay for all the hours the volunteers have donated, and could not function without its dedicated volunteers.

TED MOORHEAD, VICE CHAIR OF F.I.N.D., RE: PRESENTATION OF CHECK FOR ACQUISITION OF DREDGE

Commissioner O'Brien stated the Florida Inland Navigation District (FIND) will present the Board with a check for $100,338.95 which is the first payment for a grant for acquisition of a dredge. He stated the dredge is in operation now at Kiwanis Park; and outlined the dredging program.

Chairman Voltz stated District 5 would like to borrow the dredge. Commissioner Cook stated it is not a District 2 dredge, but was partially paid for by District 2.

Ted Moorhead, Vice Chairman of the Florida Inland Navigation District, stated FIND is responsible for providing dredge material management sites for the Intracoastal Waterway; and advised of the unexpected environmental benefits of dredging. He stated the City of Melbourne has just completed the dredging of Crane Creek, in cooperation with FIND and the St. Johns River Water Management District, which is an environmental project that will also benefit the boaters. He stated FIND is happy to have a partnership with Brevard County in the purchase of the dredge which is currently being used in Sykes Creek, and will continue to be used throughout the County; and presented the Board with a check for $100,338.95, which is the first installment on a total commitment of $155,269.

Commissioner O'Brien expressed appreciation to Mr. Moorhead.

RESOLUTION, RE: COMMENDING MERRITT ISLAND HIGH SCHOOL VARSITY CHEERLEADING SQUAD

Commissioner O'Brien read aloud a resolution outlining the accomplishments of and commending the Merritt Island High School Varsity Cheerleading Squad.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution commending the Merritt Island High School Varsity Cheerleading Squad for its outstanding achievements. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to the team.

Coach Suzanne Elliott thanked the Board for the recognition; and advised of the activities of the Cheerleading Program. She stated Captain Rebecca Brodnan was one of the winners of an essay scholarship for National Cheerleader of the Year, and won a $1,000 scholarship. Captain Rebecca Brodnan thanked the Board, especially Commissioner O'Brien, for the Resolution.

RESOLUTION, RE: COMMENDING COCOA HIGH SCHOOL BOYS VARSITY BASKETBALL TEAM

Commissioner O'Brien advised Emmanuel Clifton was the leading scorer on the team averaging 15 points per game, led the team in rebounds, and made the All Cape Coast Conference Team; Marvin Christian was the second leading scorer averaging 11 points per game, made the All Cape Coast Conference Team and the Lake Mary Christmas Tournament Team, and was selected for the Big Brothers All Star Game; Ronald Richardson was the third leading scorer averaging 10 points per game, and made the All Cape Coast Conference Team, was named to the All Tournament Team in the Gainesville Bucholtz Tournament, and is a third year Varsity letterman; Donald Richardson was named to the All Tournament Team in the Gainesville Bucholtz Tournament, and is a third year Varsity letterman; George Thomas led the team in assists and steals, and has an overall grade point average of 3.38; Johnny Taylor was the teams three-point leader, and was selected to play in the Big Brothers All Star Game; Steve Battle was selected to play in the Big Brothers All Star Game, and won the three-point shoot-out for the North; and Timothy Jace has a 4.0 grade point average, is a third year Varsity letterman, and was selected to play in the Big Brothers All Star Game. Commissioner O'Brien read aloud a resolution commending the Cocoa High School Boys Varsity Basketball Team.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution commending Cocoa High School Boys Varsity Basketball Team, the Tigers, and Head Coach James Rowe for their outstanding achievements. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to the team.

Coach James Rowe thanked the Board for recognizing the team; and stated their hard work paid off.

RESOLUTION, RE: COMMENDING COCOA BEACH HIGH SCHOOL GIRLS BASKETBALL TEAM

Commissioner O'Brien read aloud resolution commending the Cocoa Beach High School Girls Basketball Team, the Minutemen.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution commending the Cocoa Beach High School Girls Basketball Team, the Minutemen, and Coach Mike Gaudy for their outstanding achievements. Motion carried and ordered unanimously.

Coach Gaudy expressed appreciation for the Resolution. He apologized that the whole team could not be present as several are in Orlando getting another award. He congratulated all the other teams, especially Melbourne Central Catholic and Florida Air Academy.

Commissioner O'Brien presented the Resolution to the team.

RESOLUTION, RE: COMMENDING MELBOURNE CENTRAL CATHOLIC HIGH SCHOOL BOYS SOCCER TEAM

Chairman Voltz read aloud a resolution commending Melbourne Central Catholic High School Boys Soccer Team, the Hustlers, for winning the Class 3A State Soccer Championship.

Coach Robin Chan thanked the Board for the Resolution; and advised a lot of the team members could not be present because they are still on Spring break.

Chairman Voltz presented the Resolution to the team.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution commending the Melbourne Central Catholic High School Boys Soccer Team, the Hustlers, for its outstanding achievements. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING FLORIDA AIR ACADEMY BOYS BASKETBALL TEAM

Chairman Voltz read aloud the resolution commending the Florida Air Academy Boys Basketball Team for winning the Boy's Class 3A State Basketball Championship.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Florida Air Academy Boys Basketball Team for its outstanding achievements. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to a representative of Florida Air Academy.

A representative of Florida Air Academy thanked the Board on behalf of Coach Dunne and the team. He advised the team members are returning today from Spring break and that is why they could not be present.

RESOLUTION, RE: PROCLAIMING FARM-CITY WEEK

Phyllis Woodford thanked the Board for its continued support of the Florida Farm Bureau; and explained why the Resolution was delayed.

Chairman Voltz read aloud a resolution proclaiming November 21 through 27, 1997 as Farm-City Week.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming November 21 through 28, 1997 as Farm-City Week. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to Ms. Woodford.

PERSONAL APPEARANCE - SANDY CRAWFORD, CLERK OF COURTS, RE: ACCOUNTS PAYABLE PAYMENTS

Clerk of Courts Sandy Crawford stated it is the duty of elected officials to present honest and accurate information to the public; and he is present to correct statements made at the February 10, 1998 Board meeting concerning turnaround time for payments made by County Finance. He stated the residents of the County who watch the proceedings on television or read newspaper accounts depend on the information coming from the meetings to be correct. He stated County Finance measures turnaround time as the interval from their receipt of an approved invoice until mailing of payment to the vendor; it is difficult for County Information Systems to process payments more than one day a week; that is done on Thursday nights, and checks are sent out on Fridays; and because of the Thursday night only processing, the turnaround time can carry by as much as five working days. He stated there are many instances in which the County's approval process delays the submission on invoices to County Finance; an excessive backlog of unpaid invoices accumulated from October, 1997 to January, 1998; for most of FY 1996-97, the turnaround time was approximately 15 working days; but by December, 1997 the interval extended to 25 working days. He stated when he learned of it in January, 1998, he mandated evening and Saturday work to eliminate the backlog; and the current turnaround time is seven to ten working days. He stated several factors contributed to the recent delay in payments; three experienced accountants resigned in the Fall at a time when they were most needed to prepare the County's annual financial statements; there was an upgrade to a new imaging system on October 1, 1997 because the previous system was no longer supported by the vendor; County Finance lacked Board funding for overtime or a new position; and eliminating the backlog has been expensive. He stated County Finance's overtime expenses up to April 3, 1998 were $46,663.41 which exceeds the Board's budget for overtime of $21,000; and more overtime will be necessary to maintain the current turnaround time. He stated an additional Accounting Specialist position, which was requested last summer to address the Board's concern with late payments, was denied funding; however, despite the Board's refusal to fund that need, he filled the position and will probably have to postpone replacing an accountant who recently resigned. He advised Commissioner Cook stated the Board increased County Finance's budget last year, but that is incorrect; the Board's funding for County Finance this year is 7.4% less than last year; from FY 1993-94 to FY 1997-98, the number of invoices processed annually has increased by 15,217 invoices, or 24.7% while the Board's funding over the same period has declined $17,839, or .9%; and so more services have been provided for less money. Mr. Crawford stated the Board's General and Special Revenue funds this year are 27.6% above what was spent in the 1993-94 fiscal year.

Commissioner Cook stated he was referring to the Clerk's overall budget which includes the Finance Department; there was a budget increase of 1.65%; General Fund support of the Clerk's Office has been increased by 2.45%; and there was a 2.6% increase in charges for services.

Mr. Crawford noted that increase is less than the Consumer Price Index and the inflation rate. He stated last year he only asked for a total increase of $32,000 which does not seem extensive.

Commissioner Scarborough stated he met with Finance Director Steve Burdett and small contractors several times; small contractors may not have the capacity to handle a large bill; so he suggested a methodology based on the capacity of the contractor to carry an account. He stated if a multi-billion dollar company does not get paid right away, it will not mean anything, but it could put stress on a small contractor's business. He stated there was discussion about new software packages and other things, and the whole thing may become streamlined for everyone; and it is unfair to say it is just the Clerk's processing, because before it goes to the Clerk, the County has to process invoices. Mr. Crawford stated he will try and alleviate the problem. Commissioner Scarborough stated Mr. Burdett has been working with him. Mr. Crawford stated a lot of the delays have been due to the computer system; he cannot do any more with the people he has; and he has to have more people or a new computer system. He stated several years ago vendors were brought in to demonstrate systems; but he is still running with an archaic system trying to back it up with people, with no budget to put the people in there. Finance Director Steve Burdett stated the presentations will be in the next couple of weeks.
Chairman Voltz stated once the computer is up and running, it will make a tremendous difference; and her expense checks have been coming in much more quickly.

Mr. Crawford stated that has been done with overtime; the cost is almost twice as much as was budgeted; and it has to be absorbed from someplace.

ACKNOWLEDGE RECEIPT, RE: ANNUAL FINANCIAL AUDIT OF COUNTY AGENCIES AND BREVARD COUNTY COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FY ENDED SEPTEMBER 30, 1997

Finance Director Steve Burdett stated the Comprehensive Annual Financial Report (CAFR) for FY Ended September 30, 1997 is basically the same as the prior year's reports; but for 1997 the General Fund operating deficit is approximately $4 million, up from $2.5 million the year before. He stated the deficit has continued to grow over the last four years; while it has grown, the cost of public services has grown; in 1997, the Board spent $10 million more just on public safety and culture/recreation than it did in 1995; if the Board can reduce those costs, that will accommodate part of the deficit; however, over the next few years, it is his suggestion and that of the independent auditor that the Board begin aligning the General Fund revenues with the expenditures each year to prevent future credit problems. Mr. Burdett advised he will brief each Commissioner.

Mr. Crawford stated the CAFR is for all agencies in the County; and a synopsis will be put on the Internet for the public in approximately two weeks.

Commissioner Scarborough stated Mr. Burdett briefed him; and requested he explain "deficit." Mr. Burdett stated a deficit is when more is spent than received; counties in the State of Florida have to balance their budgets; a deficit can only be run as long as there is cash in the bank account; and the County has limited resources. He stated the County's General Fund balance is good and is not now a major problem; but if the deficit continues, the General Fund will run out of cash at some point. He suggested the Board look seriously at its General Operating Fund as the County has maintained levels of service not by reducing expenditures, but by depleting the bank account; and the Board needs to align revenues with expenditures for public services to prevent major financial problems.

County Manager Tom Jenkins stated currently the County has in excess of $100 million in reserves; as it relates to the General Fund, the County is carrying between $11 million and $12 million in reserves; and it is not as if the account has been depleted. He stated the Budget Director raised the issue recently, and a number of measures have either been implemented or will be proposed to deal with the issue of sustaining the cash reserves at the $11 million to $12 million range, which is above the national standards for local governments; and he does not want anyone to think that the reserves of the County are being depleted beyond a safe level.

RESOLUTION, RE: PROCLAIMING NATIONAL FAIR HOUSING MONTH

Chairman Voltz read aloud resolution proclaiming the month of April, 1998 as Fair Housing Month.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution proclaiming the month of April, 1998 as Fair Housing Month. Motion carried and ordered unanimously.

David Baade, Executive Director of the Fair Housing Continuum, thanked the Board for recognizing Fair Housing Month; stated this is the 30th year of fair housing activities; and advised of an activity to be held on April 30, 1998. Chairman Voltz presented the Resolution to Mr. Baade.

RESOLUTION, RE: PROCLAIMING NATIONAL LIBRARY WEEK

Chairman Voltz read aloud a resolution proclaiming April 19 through 25, 1998 as National Library Week.

Motion by Commissioner Cook, seconded by Scarborough, to adopt Resolution proclaiming April 19 through 25, 1998 as National Library Week. Motion carried and ordered unanimously.

Deanna Reiter thanked the Board for the Resolution and support of the libraries. Commissioner Cook advised Deanna Reiter is the District 4 representative on the Library Board and does an outstanding job; and Brevard County has a premiere library system.

RESOLUTION, RE: PROCLAIMING NATIONAL TELECOMMUNICATORS WEEK

Chairman Voltz read aloud a resolution proclaiming April 12 through 18, 1998 as National Telecommunicators Week.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming April 12 through 18, 1998 as National Telecommunicators Week. Motion carried and ordered unanimously.

E-911 Systems Manager Steve Latza thanked the Board for recognizing the telecommunicators. Chairman Voltz presented the Resolution to Mr. Latza and the Telecommunicator Supervisors.

RESOLUTION, RE: PROCLAIMING BOYS AND GIRLS CLUB WEEK

Commissioner Higgs read aloud the resolution proclaiming April 19 though 26, 1998 as Boys and Girls Club Week in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming April 19 though 26, 1998 as Boys and Girls Club Week in Brevard County. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Mr. Gonzalez. Rick Gonzalez, representing the Boys and Girls Clubs, thanked the Board for the Resolution; and introduced the Unit Director of the Titusville Unit, the Unit Director of the Palm Bay Unit, and the Site Coordinator of the Melbourne Unit.

Commissioner O'Brien advised of his experience as a volunteer with the Boys Club.

The meeting recessed at 10:14 a.m. and reconvened at 10:24 a.m.

REPORT, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL SUMMIT

Commissioner Scarborough stated each Commissioner should have received notification from the East Central Florida Regional Planning Council of the summit on June 5, 1998; and inquired if the date is a problem with any Commissioner.

Commissioner Higgs stated she prefers the May date because there are no scheduled meetings in June. Chairman Voltz stated she asked for the May date for the same reason. Commissioner O'Brien stated he will be on vacation in June. Commissioner Cook stated he had no preference but the May date may be better. Commissioner Scarborough stated he did not indicate a preference; and inquired how many Commissioners would find it difficult to attend. Chairman Voltz stated she will be there. Commissioner Higgs stated she will try to make it. Commissioner O'Brien stated it will be difficult for him to attend as he has plans. Commissioner Scarborough stated he will communicate that to the East Central Florida Regional Planning Council; and it would probably be a July date now, not a May date. Commissioner Cook stated he and Commissioner Scarborough will attend the meeting tomorrow; the future of the organization is at stake; and the summit will define whether there is benefit to the counties and the areas it is supposed to serve or whether it is duplicating things that take place in the counties. Commissioner Scarborough stated the Commissioners are elected by the people; they are diverse in outlooks; and advised of the value of the summit. He stated the Council needs to be visioning for the future; and advised of the impact of Lucent Technologies coming to Central Florida. Commissioner Cook stated this may or may not be the organization to provide that vision. Commissioner Scarborough stated if it is not, there is a need to opt out and create something new because there is a need to communicate.

Chairman Voltz stated she met with the Chairman of the Orange County Commission in Tallahassee; they discussed the East Central Florida Regional Planning Council; and Orange County already is doing all the things the Council is offering, and sees no reason to pay. She stated the counties do not need the Council; Orange County supports doing away with the East Central Florida Regional Planning Council; but there is a need for the counties to keep in contact on the larger issues.

Commissioner Cook stated the question is whether there is another mechanism, if the East Central Florida Regional Planning Council is not working, where the County will not pay $90,000 for duplicated services. He stated the County is mandated to pay the dues by the State Legislature, although there is a bill pending which would make it voluntary.

Chairman Voltz stated the East Central Florida Regional Planning Council needs the counties, but the question is whether the counties need the Council. She stated she inquired if there would be a difference if the counties just got together and planned without paying; and a representative of the East Central Florida Regional Planning Council responded no.

REPORT, RE: TRIP TO WASHINGTON, D.C.

Commissioner O'Brien stated he went to Washington, D.C. with Port Commissioner Kennedy on March 22 through 24, 1998; and advised of lobbying efforts with numerous Congressmen, Senators, and Committee members for funding of beach restoration and storm damage prevention. He stated the Corps of Engineers indicates it will pay the County 50% of the total cost of the project, but other states have gotten larger shares; it has been proven that the erosion was caused by man because the sand from the beaches keeps flowing into the man-made channel and out to sea; and approximately 300 cubic yards per year is lost. He outlined his lobbying efforts with the Water Board, various Congressmen and Senators and staff; and commented on the turnover and age of staff. He stated he will be unable to attend the March 21, 1998 Board meeting as he will be going to Washington, D.C. to attend a hearing on cost sharing.

ANNOUNCEMENT, RE: STAND DOWN BREVARD

Commissioner O'Brien stated Stand Down Brevard will be held on Saturday, April 18, 1998 at the Cocoa Armory; and outlined the assistance and services that will be provided to veterans. He stated two years ago, they helped one of the veterans to find a job in Tampa; he still has that job; this is the third or fourth Stand Down; and the success rate is getting better.

Chairman Voltz stated this Stand Down includes all the veterans, and not just the homeless veterans.

ANNOUNCEMENT, RE: MOVING WALL

Commissioner O'Brien stated the Moving Wall, which is a miniature replica of the Vietnam Wall in Washington, D.C., will be coming to Wickham Park in Melbourne on April 20, 1998, and it is very impressive. He advised the veterans new website is at www.geocities.com/Pentagon/Quarters/4440.

ITEM MOVED FROM CONSENT AGENDA

Commissioner Higgs requested Items III.A.5 and III.A.6 be pulled from the Agenda for discussion.

DISCUSSION, RE: FLAGS

Commissioner Higgs stated she faxed information to each Commissioner concerning the flag discussion; however, it has been resolved.

Commissioner Cook stated the flags are back with the fringe.

Chairman Voltz stated Tom Porcella would like to thank the County Manager and the Board for putting them back.

DISCUSSION, RE: ORDINANCE REGULATING FENCE HEIGHT

Commissioner Cook stated there is an Ordinance which regulates fence height; there is a six-foot height limitation on fences in yards; someone has built an eight-foot fence and filled the bottom two feet; and in the Code, there is no prohibition against that. He stated it defeats the spirit of the Code; and requested staff investigate whether there could be other wording to address that problem.

Commissioner Scarborough stated he has seen people berm up and do landscape planting for more buffer; and inquired if it is being bermed on both sides. Commissioner Cook stated one side is level, but the other side has been built up. Commissioner Scarborough stated it is mounded on their side, but they are not putting dirt on the neighbor's side. He suggested requiring "on either side it will not exceed six feet." Chairman Voltz stated anytime a law is created, someone tries to get around it. Commissioner Cook recommended staff look at it, as there may be a simple solution.

DISCUSSION, RE: INVITATIONS TO JUVENILE ASSESSMENT CENTER FUNDRAISER

Chairman Voltz stated each Commissioner has been given six invitations to the Juvenile Assessment Center Fundraiser; one is addressed to the Commissioner; and there are five extras. She stated fundraising has been going well so far, and over $60,000 has been raised.

AGREEMENT WITH QUAIL RIDGE AT SUNTREE HOMEOWNERS ASSOCIATION, INC., RE: TRANSFER OF RIDGE LAKE DRIVE, RIDGE WAY, AND QUAIL HOLLOW WAY AS PUBLIC RIGHTS-OF-WAY

County Manager Tom Jenkins withdrew Agreement with Quail Ridge at Suntree Homeowners Association, Inc. for transfer of Ridge Lake Drive, Ridge Way and Quail Hollow Way as public rights-of-way from the Agenda, as requested by the applicant, to allow more time for negotiations.

FINAL ENGINEERING APPROVAL, RE: MANATEE HARBOR SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Manatee Harbor Subdivision, subject to minor engineering changes as applicable, and with developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: MAGNOLIA POINTE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Magnolia Pointe Subdivision, subject to minor engineering changes as applicable, and with developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS IN VIERA, TRACT 12, PARCELS 1-3, PHASE 2A

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company for infrastructure improvements in Viera, Tract 12, Parcels 1-3, Phase 2A. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22 TO PROVIDE REQUIREMENTS FOR MARINE CONTRACTORS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 22, Article VI, Division 1, Code of Ordinances of Brevard County, to include requirement for a certificate of competency for marine contractors, a grandfather period for marine contractors operating under an occupational license, and licensing fees for marine contractors, and adding Article VII, Seawall Construction, to establish requirement for a construction permit for seawalls on man-made bodies of water within the unincorporated area of the County, construction standards, marine contractor to submit construction drawings for seawalls not exceeding 5 feet in height, and signed and sealed engineering plans when the seawall exceeds 5 feet in height. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22 TO REQUIRE WORKING DRAINAGE SYSTEM BEFORE ISSUANCE OF CERTIFICATE OF OCCUPANCY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 22, Code of Ordinances of Brevard County, Section 22-48, Floor Elevation, to require a working drainage system for new one or two family dwellings; authorize the Building Official to withhold the Certificate of Occupancy until Public Works approves the drainage system, and provide for enforcement in the unincorporated area of the County. Motion carried and ordered unanimously.

AGREEMENT WITH MELBOURNE TILLMAN WATER CONTROL DISTRICT, RE: CONVEY PROPERTY FOR MALABAR ROAD WIDENING PROJECT, FROM CORPORATE PARK CIRCLE TO WEST OF MINTON ROAD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with the Melbourne Tillman Water Control District to convey property to the County for the Malabar Road Widening Project, from Corporate Park Circle to 850 feet west of Minton Road in the City of Palm Bay. Motion carried and ordered unanimously.

APPROVAL OF SOLE SOURCE CONTACT WITH SUBAQUEOUS SERVICES, INC., RE: PUESTA DEL SOL/BROOKSIDE CANAL DREDGING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the establishment of a sole source contract with Subaqueous Services, Inc. for dredging/trucking services in relation to the Puesta Del Sol/Brookside Canal dredging project. Motion carried and ordered unanimously.

APPROVAL OF REPORT AND CONCEPTS, AND AUTHORIZATION TO APPLY FOR PERMITS AND NEGOTIATE RIGHTS-OF-WAY ACQUISITIONS, RE: NORTH MERRITT ISLAND STORMWATER MASTER PLAN DESIGN REPORT AND CONCEPTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the North Merritt Island Stormwater Master Plan Design Report and Concepts as prepared by Post, Buckley, Schuh & Jernigan, Inc.; authorize staff to apply for permit approvals; and authorize staff to negotiate necessary rights-of-way acquisitions to complete the project. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT TO M.D. UTILITY CONTRACTORS, RE: HUNTINGTON AVENUE DETENTION POND PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve final payment of $25,624.42 to M.D. Utility Contractors for the Huntington Avenue Detention Pond. Motion carried and ordered unanimously.

RESOLUTION AND UTILITY EASEMENT WITH FLORIDA POWER& LIGHT COMPANY, RE: COCOA BEACH PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute Utility Easement with the Florida Power & Light Company for underground electrical utilities at the Cocoa Beach Public Library. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH SPACE COAST ARCHITECTS, P.A., RE: DR. MARTIN LUTHER KING, JR. PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 1 to Agreement with Space Coast Architects, P.A. for Dr. Martin Luther King, Jr. Public Library for additional services in the amount of $8,465. Motion carried and ordered unanimously.

APPROVAL TO SUBMIT NOMINEES TO GOVERNOR, RE: CHILDREN'S SERVICES COUNCIL

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize submittal of three nominees, Jewel Collins, E. Jean Sharpe, and Reginald T. Stone, to the Governor for consideration to fill the appointment currently held by Jewel Collins on the Children's services Council. Motion carried and ordered unanimously.

AUTHORIZE COUNTY MANAGER TO EXECUTE RENEWAL APPLICATION TO OPERATE CHILD CARE AGENCY, RE: COUNTRY ACRES PARENTAL HOME

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the County Manager to execute annual Renewal Application for license to operate a child care agency for Country Acres Parental Home; and authorize the County Manager to execute yearly renewal applications as necessary to maintain proper licensure or any amendments, contingent upon approval of the County Attorney and/or Risk Management. Motion carried and ordered unanimously.

AUTHORIZE APPLICATION AND EXECUTE FOLLOW UP AGREEMENTS, RE: UNITED STATES ENVIRONMENTAL PROTECTION AGENCY EJP2 GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Application for the U.S. Environmental Protection Agency's EJP2 grant; and authorize the Chairman to execute follow-up grant agreements contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

APPROVAL, RE: SUNTREE/VIERA PUBLIC LIBRARY ADVISORY BOARD BY-LAWS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Suntree/Viera Public Library Advisory Board By-Laws. Motion carried and ordered unanimously.

AGREEMENT TO AMEND AND EXTEND LEASE AGREEMENT WITH TITUSVILLE-COCOA AIRPORT AUTHORITY, RE: NORTH AREA PARKS OPERATIONS OFFICE AND MAINTENANCE COMPOUND

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement to Amend and Extend Lease Agreement with Titusville-Cocoa Airport Authority for the North Area Parks Operations office and maintenance compound, increasing the rental rate to $248 per month, subject to an annual adjustment on April 1 for each subsequent year at a rate established by the Airport Authority, but not to exceed the annual variation in the CPI for the local area. Motion carried and ordered unanimously.

APPROVAL OF REQUEST, RE: ANNEX MAX K. RODES PARK INTO CITY OF WEST MELBOURNE, WAIVE ASSOCIATED FEES, AND AUTHORIZE PARKS AND RECREATION DIRECTOR TO EXECUTE REQUIRED DOCUMENTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Parks and Recreation Director to execute all necessary paperwork to apply for the annexation of Max K. Rodes Park into the City limits of West Melbourne, and request that associated fees be waived. Motion carried and ordered unanimously.

EXTENSION OF AGREEMENT WITH ADVANCED DATA PROCESSING, RE: EMS AMBULANCE BILLING SERVICE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize a one-year extension of Agreement with Advanced Data Processing for EMS ambulance billing service. Motion carried and ordered unanimously.

WAIVER OF AMBULANCE STAND-BY FEES, RE: AZAN SHRINE CIRCUS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive ambulance stand-by fees for the Azan Shrine Circus from 7:00 p.m. to 9:00 p.m. on May 15, 1998; 10:00 a.m. to 12:00 noon, 2:00 p.m. to 4:00 p.m., and 7:00 p.m. to 9:00 p.m. on May 16, 1998; and 2:00 p.m. to 4:00 p.m. and 7:00 p.m. to 9:00 p.m. on May 17, 1998. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING ISSUANCE AND DELIVERY OF DUPLICATE SOLID WASTE DISPOSAL SYSTEM REFUNDING BONDS, SERIES 1977

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution authorizing issuance and delivery of duplicate Solid Waste Disposal System Refunding Bonds, Series 1977, numbered 895, 959, and 960 with attached coupons to replace lost bonds and coupons. Motion carried and ordered unanimously.

AGREEMENT WITH VIZCAYA DEVELOPMENT, INC., RE: EASEMENT ENCROACHMENT FOR MASONRY WALL

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Vizcaya Development, Inc. for easement encroachment of a masonry wall in a sanitary sewer easement. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING CHILD ABUSE PREVENTION MONTH

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution proclaiming the month of April, 1998 as Child Abuse Prevention Month. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF REVENUE, RE: CHILD SUPPORT ENFORCEMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with the Florida Department of Revenue for Child Support Enforcement personnel and expenses. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge the Annual Financial Audits of the Board of County Commissioners and each County Officer for the fiscal year ended September 30, 1997 and the Brevard County Comprehensive Annual Financial Report for the same reporting period. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ANNUAL FINANCIAL AUDIT AND LOCAL GOVERNMENT FINANCIAL REPORT FOR FISCAL YEAR 1996-97

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of the St. Johns River Water Management District Annual Financial Audit and Local Government Financial Report for FY 1996-97. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint the following: Donnie Legg and Lewis C. Webb to the Community Action Agency Advisory Committee, Tibby Parker to the Parks and Recreation Department South Service Sector Advisory Board, and Larry Swaton to the North Brevard Medical Support, Inc. Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

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

PUBLIC HEARING, RE: RESOLUTION AND EASEMENT VACATING PORTION OF RIGHT-OF- WAY IN WILLIAMS POINT COMPLEX - GLEN T. SUNDIN, ESQUIRE

Chairman Voltz called for the public hearing to consider a resolution and easement vacating portion of right-of-way in Williams Point Complex as petitioned by Glen T. Sundin, Esquire.

Commissioner Scarborough inquired if there are any problems; with County Surveyor Beverly Sutphin responding all problems have been addressed.

There being no further comments, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution vacating portion of right-of-way in Williams Point Complex; and accept Easement for ingress and egress for the existing drainage facilities. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - MADELEINE B. COCHRANE AND CONSTANTINE FARO

Chairman Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Madeleine B. Cochrane and Constantine Faro.

There being no comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Madeleine B. Cochrane and Constantine Faro. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF RIGHT-OF-WAY IN MELBOURNE HEIGHTS, SECTION C - L. STEVEN AND DONNA S. COOK

Chairman Voltz called for the public hearing to consider a resolution vacating portion of right-of-[way in Melbourne Heights, Section C as petitioned by L. Steven and Donna S. Cook.

Commissioner Higgs stated she has no problem with this vacating; but advised the Board did a series of vacatings some months ago in the section across from the property in question; staff suggested waiting to see how those work out; and a pattern is developing. She stated this vacating is across the road, and will develop patterns for the way the old patted subdivisions will go; and the Board needs to be aware that it will begin to set a precedent.

There being no further comments, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt a Resolution vacating portion of right-of-way in Melbourne Heights, Section C as petitioned by L. Steven and Donna S. Cook. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF RIGHT-OF-WAY AND EASEMENTS IN PLAT OF VIERA, PARCEL KK, PHASE II AND REPLAT OF A PORTION OF LOT 3, PLAT OF VIERA, TRACT JJ, PHASE I - WUESTHOFF HEALTH SYSTEMS, INC

Chairman Voltz called for the public hearing to consider a resolution vacating portion of right-of-way and easements in Plat of Viera, Parcel KK, Phase II and Replat of a portion of Lot 3, Plat of Viera, Tract JJ, Phase I as petitioned by Wuesthoff Health Systems, Inc.

County Survey Beverly Sutphin stated the applicant requested the public hearing be continued to May 4, 1998 to allow additional time for notification of adjoining property owners. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to continue the public hearing to consider resolution vacating portion of right-of-way and easements in Plat of Viera, Parcel KK, Phase II and Replat of a portion of Lot 3, Plat of Viera, Tract JJ, Phase I as petitioned by Wuesthoff Health Systems, Inc. to May 4, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF MILWAUKEE AVENUE RIGHT- OF-WAY IN JUNE PARK - ELIZABETH R. PULLIAM

Chairman Voltz called for the public hearing to consider a resolution vacating portion of Milwaukee Avenue right-of-way in June Park as petitioned by Elizabeth R. Pulliam.

Commissioner Cook stated there have been some objections and concerns; with County Surveyor Beverly Sutphin responding that is correct. Ms. Sutphin stated staff has been working to take care of the objection, but two could not be resolved. She advised one has been partially resolved in that the applicant agreed to relocate the well if the vacating is approved. Commissioner Cook suggested continuing the public hearing until staff can get that in writing. Ms. Sutphin advised she has it in writing. Commissioner Cook stated it does not resolve the other problem; with Ms. Sutphin advising the other problem is an objection from the Right-of-way Section that it will create a precedent for irregular-shaped rights-of-ways in the area.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing to consider resolution vacating portion of Milwaukee Avenue right-of-way in June Park as petitioned by Elizabeth R. Pulliam to April 28, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING FINAL ASSESSMENT ROLL FOR FLORA AND FAUNA WATER MSBU

Chairman Voltz called for the public hearing to consider a resolution accepting improvements and adopting final assessment roll for Flora and Fauna Water MSBU.

Commissioner Cook advised this was previously approved; it has been built; and the final assessment was $81.03 less than what was projected.

There being no further comments, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution accepting improvements and adopting final assessment roll for Flora and Fauna Water MSBU. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO AIRCRAFT TUBULAR COMPONENTS, INC.

Chairman Voltz called for the public hearing to consider ordinance granting economic development ad valorem exemption to Aircraft Tubular Components, Inc. She stated ATC is constructing a 23,000-square foot manufacturing facility valued at $1.7 million; tangible personal property valued at approximately $420,000 is planned to be added prior to May, 1998; and when fully operational, ATC will employ 25 to 30 employees averaging $18 per hour.

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt an Ordinance granting economic development ad valorem exemption to Aircraft Tubular Components, Inc.

Commissioner O'Brien stated this is the work of the Economic Development Council; and it may be only 25 to 30 jobs, but it is 30 jobs the County did not have last year.

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

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO TEC CELLULAR

Chairman Voltz called for the public hearing to consider an ordinance granting economic development ad valorem exemption to TEC Cellular.

Economic Development Director Greg Lugar requested the item be continued until April 28, 1998.
Motion by Commissioner Cook, seconded by Commissioner O'Brien, to continue the public hearing to consider an ordinance granting economic development ad valorem exemption to TEC Cellular to April 28, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO SUPPORT SYSTEMS ASSOCIATES, INC.

Chairman Voltz called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Support Systems Associates, Inc. She stated the company plans to relocate 15 employees from New York and anticipates hiring 85 new employees averaging $58,500 per employee annually.

There being no further comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt an Ordinance granting economic development ad valorem exemption to Support Systems Associates, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO GRAYWATER INVESTMENTS II LTD. ON BEHALF OF DEMACO DIVISION OF HOWDEN FOOD EQUIPMENT, INC.

Chairman Voltz called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Graywater Investments II Ltd. on behalf of Demaco Division of Howden Food Equipment, Inc. She advised of construction of a 48,750-square foot manufacturing facility and related offices and lease of facility to Demaco; stated Demaco will increase its employment base by December, 1998 by 97 workers at an average wage of $35,466 annually; and new construction and tangible persona property are valued at $3,625,000.

There being no comments or objections, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt an Ordinance granting economic development ad valorem exemption to Graywater Investments II Ltd. on behalf of Demaco Division of Howden Food Equipment. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TEMPORARY USE AGREEMENT WITH COLETTE TAHAN DICHRISTOPHER FOR USE OF PROPERTY AS SPOIL SITE DURING CANAL DREDGING

Chairman Voltz called for the public hearing to consider temporary use agreement with Colette Tahan DiChristopher for use of property as spoil site during canal dredging.

Chairman Voltz called for comment from Rose Gunn, but Ms. Gunn did not respond.

Commissioner O'Brien stated he had no calls on this item.

There being no comments or objections, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Temporary Use Agreement with Colette Tahan DiChristopher to allow property zoned residential to be utilized as a spoil site in conjunction with the dredging of nearby residential canals and the channels leading to them adjacent to North Banana River Drive. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE FOR COUNTY COMMISSION SALARIES

Chairman Voltz called for the public hearing to consider an ordinance setting County Commission salaries.

Commissioner O'Brien stated he received a notice yesterday from Mr. Abbate advising the Commission salaries were going to $61,000; he was under the impression they were going to approximately $58,000; and expressed concern about the size of the increase.

Chairman Voltz advised the Commissioners have been making $58,300 for the past year.

Commissioner Cook stated he has never seen anything as mishandled as this; the Ordinance was sloppily drafted; and this needs to be put to rest. He stated the County Attorney advised the State Constitution requires the salary to go to the State level which would give an increase; all of the Constitutional Officers have gotten increases, and some make $105,000 a year; and that is significantly different from what Commissioners make. He reiterated the County Attorney said the salaries have to go to the State rate to comply with the State Constitution, and that the Commissioners are entitled to retroactive pay from October, 1997 in accordance with the 1995 Ordinance. He stated he was not aware they should have gotten an increase in October, 1997; the change of pay notice was not implemented; and the Commissioners are still at the current level. He stated the Board received a valid question from the League of Women Voters about the misdrafting of the Ordinance, advising the implementation date of the raise should be January 1, 1999. He stated the important thing is the credibility of the Commission; it is important that the public have confidence in the decisions of the Board; but there has been a series of errors in advice the Board received. He stated the County Attorney says the Board is entitled to an increase and has to have it; the Charter people are saying the Board can set its own rate and does not have to use the State rate; and the Board has requested an Attorney General Opinion. He stated the County Attorney used a prior AGO which indicates Commissioners have to be paid uniformly throughout the State; but he is going to recommend that the Board freeze its salaries at the current level.

Commissioner Scarborough stated when the Commission previously did not want to take a raise, it could not legally do it; and the only thing it could do was give a gift to the County each payday. He stated the County Attorney advised the reason for this raise is the action taken by the Board in 1995; and the dispute with the League of Women Voters has been over how to create a methodology where Commissioners and perhaps Constitutional Officers getting 5% when County employees get 2%. He stated mechanically it is difficult to accomplish; and an Attorney General Opinion is needed because the County Attorney is saying the only way to do it is for it to be part of the Charter. He stated the Charter cannot delegate authority to the Board, but can mandate; and the other option is for the Charter to be amended this year by the electorate to make it a mechanical process as opposed to being something the Board undertakes. He inquired why should a Clerk earning $105,000 get a 5% increase when someone who is doing the billing gets $6 an hour. He stated that is what the Board has to reach out for; the County Attorney has rendered an opinion that there are some differences; it can be resolved in the Charter; but the Board cannot just amend the Ordinance and not take a pay increase. He advised of a memorandum from Assistant County Attorney Eden Bentley which advised that the

Commissioners can give the County a gift every time they get a paycheck which is how it was done a number of years ago.

County Attorney Scott Knox stated if the Board does not want a pay increase, it has the option of giving it back to the County. He stated his opinion is that the Board cannot be delegated the authority to set its own salaries by Ordinance under the Constitution; the issue will be resolved by the Attorney General of the Fifth District Court of Appeals; and the other argument is that the County Commission can set its salaries by Ordinance. He stated in Orange County there is a case involving Commission salaries where the Commission set its own salaries by Ordinance, and was challenged; it was argued before a Circuit Judge who ruled they could in fact set their salaries; but they were not privy to any of the case law he found when he was researching the issue, and that is being raised in the Fifth District Court of Appeals.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to not accept the salary increase this year, and freeze salaries at the current level for 1999 and 2000.

Commissioner O'Brien stated he did not realize how much the increase was.

Commissioner Scarborough inquired what are the ramifications of voting for this and what will happen next. Mr. Knox responded the Board will have to revise the Ordinance to reflect its action; and any time an ordinance is passed, it is presumed valid until someone determines it is not. Commissioner Scarborough inquired if nobody challenges it, will it stand; with Mr. Knox responding affirmatively. Commissioner Higgs inquired when will the Fifth District rule; with Mr. Knox responding sometime in the Fall. Chairman Voltz stated this sounds like political crap; and two people who are running for office are saying to not get a raise for the next three years. She called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.

County Manager Tom Jenkins inquired if that includes authorizing the Chairman and Clerk to sign the Ordinance and file it in Tallahassee; with Mr. Knox advising the Ordinance title will cover what was done today, and it does not have to be re-advertised.

Commissioner Cook stated this freezes the Commissioners salaries the same as the Board did in 1995; and it freezes them for this year and the next two years.

Commissioner Scarborough stated the effectiveness of the Board is keyed into how it is judged by the people it works with; and if the Board is not in tune with them, it will hurt the County. He stated if the action can be done in this manner, it is much easier than writing a check to the Clerk and then figuring how to reflect it on your taxes; and he hopes this works. He stated there are intangible results as well as monetary results; and having a good rapport with the employees is worth the personal sacrifice.

JOB TRAINING PARTNERSHIP ACT AGREEMENT WITH BREVARD WORKFORCE DEVELOPMENT BOARD, INC., JTPA TITLE III EDWAA SUBSTATE AGREEMENT, APPOINTMENTS TO WORKFORCE DEVELOPMENT BOARD AND LOCAL TWO-YEAR JOB TRAINING PLAN FY 1998-1999, RE: BREVARD COUNTY WORKFORCE DEVELOPMENT

Linda South, Executive Director of the Brevard Workforce Development Board, stated a major part of the Workforce Board's mission is the federal Job Training Partnership Act, which is the federal money directed toward training people in need of retaining after economic dislocation from layoffs or for people who have economic and other barriers to employment; and there are four items before the Board.

Chairman Voltz outlined the request.

Ms. South advised of corrections to two typographical errors in the Two-Year Job Training Plan.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Job Training Partnership Act Agreement with Brevard Workforce Development Board, Inc. and JTPA Title III Economic Disadvantaged Workers Adjustment Act Substate Agreement; appoint Sandra Nixon Jones, William Hoskinson, Rob Rains, Dr. Michael Kaliszeski, Dr. Andy Revay, Jr., Dr. David Sawyer, Darlene Wohl, Lynda Weatherman, Lois Scott, Mark Cook, Fran Baer, Amos Stevens-Singleton, Karl Thompson, Dennis Sweeney, Ken Aguilar, James Shalls, Ronald Anderson, Sharon Andre, Douglas Barclay, Bruce Buggs, Judy Cleland, James Dwight, Pamela Fitzgerald, Ann Ford, Sam Kumar, Mike Menyhart, Karla Micka, Judy Molitor, Jerry Phillips, Kenneth Pinson, Lisa Rice, Jeffrey Schiff, Judy Spencer, Art Thompson, Rose Thron, and Harold L. Wilson to the Brevard Workforce Development Board for staggered three-year terms effective July 1, 1998; and approve the Local Two-Year Job Training Plan for FY 1998-99, as corrected.

Commissioner Higgs stated she has a conflict of interest as a company in which she is a stockholder and in which her husband is involved does work through those agencies.

Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioner Higgs abstained.

STAFF DIRECTION, RE: PLAN AMENDMENT 95B4, FUTURE LAND USE AMENDMENT ADJACENT TO VALKARIA AIRPORT

Commissioner Higgs stated they have been working on the Plan Amendment since 1996; there have been discussions with Nancy Houston of FDOT; and there seems to be some movement to a position the Board and DOT could be comfortable with, but she is not comfortable with the cost given for a noise contour study. She requested the Board allow additional time for staff to get a solid cost figure on the noise contour study.

Chairman Voltz stated she would like to know why the County would spend $95,000 of taxpayer money and what the study would show. She stated what it showed before was there was no noise issue, but the residents still complained.

Commissioner Higgs stated the previous noise contour study showed what Chairman Voltz is talking about; she does not think $95,000 is a realistic figure; and the study is part of any master plan. She stated it is in the current plan; it could be updated; and it may be valuable to demonstrate some of the noise levels in that area.

Chairman Voltz stated the study will probably show what the previous study did, that noise levels will not be a problem; and inquired since there have still been complaints, what purpose would the new study serve.

Commissioner Higgs stated the purpose of the study is to demonstrate to FDOT that the property the Board wanted to rezone residential is not impacted by the noise contours; FDOT is concerned about the property going from PIP to residential; and if the FDOT and FAA standards show that the noise is not there, and the FAA circulars show that noise levels are compatible with residential property, then it is appropriate for the zoning which the Board supported in 1995 to go forward.

Chairman Voltz stated her concern is there is residential down there now, and it shows there is no noise problem, but there are still complaints. She stated if the Board allows more people to move there, there will be more complaints about the airport; it will expand the problem; and taxpayer money will be spent on a study that will not really show anything.

Commissioner Cook stated this was originally a 3-2 vote; and there was some concern about putting houses at the end of an airport.

Commissioner O'Brien stated he voted against it consistently; a residential neighborhood should never be put at the end of a runway; and FDOT concurs. He read aloud from the letter of April 7 from FDOT advising both agencies believe the Statute applies, and DCA has recognized that the proposed amendment is inconsistent with the adopted Master Plan for the Valkaria Airport. He stated the Airport is saying it does not want it; FDOT is saying it should not be done; and he cannot support it. Chairman Voltz stated she does not support it.

Commissioner Higgs stated when the Comprehensive Plan and zoning changes were suggested, there was discussion about what was in existence in the area; and there are residential neighborhoods on all sides of the property except where it abuts the Airport on the other side of the highway. She stated it is completely surrounded on the north, east and west by land that is designated as residential; in the case of the residents' input in regard to the Small Area Plan, the industrial development of the area was an issue; and the enhancement of industrial anywhere but on the Airport is inconsistent with the way the neighborhood has developed. She stated the concern of FDOT is in regard to the location, but the noise contours do not show the impacts on the property that would make it inconsistent with residential development. She stated the previous Master Plan talks about 77,000 operations per year from propellers and 141,000 operations with jets; that is totally inaccurate today; and to reference the Master Plan in regard to the Comprehensive Plan amendments is way off base. She stated there have been a number of discussions about the status of the Master Plan; and an amendment to the Airport Layout Plan that is consistent with what the Airport is going to be will be coming forward. Commissioner Higgs stated the citizens support allowing the area to go residential; and there have been people who wanted to build in that area. She stated both runways have been in operation; the major problems with noise have been at the end of the runway which was temporarily closed and reopened; and those same issues do not exist with this one. She urged the Board to continue the item for a couple of weeks to allow time to work out the issues with the noise contours.

Chairman Voltz stated on page 2 it says the subject area contains approximately 20% wetlands, approximately 15% of the site lies within the 100-year floodplain, it contains approximately 10% Florida Scrub Jay habitat, and it is vegetated on approximately 80% of its area by Xeric Oak Scrub community. She stated approximately 10% of the land is located in the area of aquifer recharge soils; impervious surface restrictions will apply to any future development; she does not think anything will go on the property; and suggested withdrawing the amendment.

Commissioner O'Brien stated years ago no one dreamed that a personal watercraft would be such a noisy nuisance in a lot of places; as things evolve with aircraft, someone could invent something that would be used at this Airport that would create a similar nuisance on the subject property; and he is not holding out because of what is happening now, but what may happen in the future. He noted the differences in noise levels of various aircraft.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue discussion of Plan Amendment 95B4, Future Land Use Amendment adjacent to Valkaria Airport for two weeks. Motion did not carry. Commissioners Scarborough and Higgs voted aye; Commissioners O'Brien, Cook, and Voltz voted nay.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to withdraw Plan Amendment 95B4, Future Land Use Amendment adjacent to Valkaria Airport from consideration. Motion carried and ordered. Commissioner Higgs voted nay.

County Attorney Scott Knox inquired if the Board is withdrawing the amendment; with Chairman Voltz responding affirmatively.

APPROVAL, RE: LIBRARY SERVICES SYSTEM COLLECTION DEVELOPMENT PLAN

Commissioner Scarborough stated he is pleased to see the delineation of books which get heavy usage by the public; when the Law Library was in the Titusville Courthouse, there was more public utilization than attorney utilization; and he assumes the utilization has continued to be of that nature. Staff advised the public mostly uses the popular titles. Commissioner Scarborough stated 90% of them are "how to" books; the Board may want to eliminate the other volumes immediately because they have diminished value as they become more outdated; attorneys are doing more research through the Internet; but the citizen still needs the capacity to do research at the public library. He suggested eliminating the volumes quickly so any value can be captured.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Library Services System Collection Development Plan as addressed and presented by the County Library Board. Motion carried and ordered unanimously.

Library Services Director Kathryn Stewart suggested if the Board wishes to have any of the volumes in the public library, it authorize staff to put them on microfilm, microfiche, or CD-Rom.

Commissioner Scarborough stated some of that is very accessible to the average attorney; attorneys may come to the Harry T. and Harriette V. Moore Justice Center for the more exotic works; and inquired if the Law Library is only open during daylight hours. Ms. Stewart responded there are keys available for attorneys. Commissioner Scarborough stated his concern is the public access to the law; there is a methodology of maintaining that through filing fees; there is not the same obligation to attorneys who can acquire information as a cost of doing business as there is to the citizen who has a right to certain basic information on all subjects including the law; and he is happy with what has been done.

DISCUSSION, RE: OFFER OF SETTLEMENT WITH USTLER/FAGAN, INC. FOR DON OLSON TIRE STORE

Attorney Ken Crooks, representing Ustler/Fagan, Inc., stated on March 24, 1998 the Board directed the County Attorney to attempt to settle with his client prior to litigation; Mr. Knox requested certain information; and he provided the information and a settlement offer. He stated if the matter is not resolved today on the basis of the settlement offer, he does not have much option but to file several actions; and this is the best time to resolve the matter. He stated the County admitted it issued two development orders; the County did not present evidence or witnesses at the last hearing; and four of the Commissioners made a decision to not allow the vested rights based on whatever reasons they came up with. He stated his clients have lost the business opportunity of operating the tire center; they have terminated their contract which has financial impacts; and they have lost the value of the property and the lease agreement. He stated if this goes to court, the upside for his clients and downside for the County is substantial; his clients have already expended the money, and the only downside for them is his cost; and if it is settled, it is a plus for the County.

Commissioner Cook stated he has concerns; there is no doubt the County made a mistake in authorizing a curb cut for this particular property; he understands the concerns of the applicant; and the County wants to do something to compensate for legitimate costs that may have been incurred. He stated no building permit was issued; there was no closing on the property; and he does not think the County is liable for the amount indicated. He stated he does not object to the Board making an offer of some sort; some of the items appear to be documented; but he cannot support the amount indicated by Ustler/Fagan.

Commissioner Scarborough stated he thought the Board was not going to compensate for speculative business profits and things like that; some businesses which open in prime locations are out of business in 18 months; and the Board could consider actual out-of-pocket expenses. He inquired if there has been an analysis of what are actual expenses. County Attorney Scott Knox responded Ustler/Fagan made an offer of $75,000 which appears to include hard costs and some overhead expense for the home office; and those are the things for which they would seek compensation in court. He stated there is a chance they could lose the case; Mr. Crooks did not present that option; and the Board should make its decision accordingly.

Commissioner Cook stated the two areas of concern are attorney's fees not associated with acquisition of the property and the pre-construction developer cost; and he does not know if the County would really be liable for that.

Chairman Voltz inquired if there is a figure the Board wants to offer; with Commissioner Cook responding he would entertain something along the lines of deducting items 6 and 7 from the cost. Chairman Voltz stated that would be approximately $33,000. Commissioner Higgs inquired if it brings it down to $35,000; with Commissioner Cook responding it is deducting $40,000.

Mr. Crooks stated the items listed are not speculative; they are items that have been incurred or would have been received two to three days after action was taken by the County; the contract was going to be closed in several days; and upon closing his client would have received a fee of $43,000. He stated his client had already received $7,000 of rental income which had to be returned; and those are the income figures which have been lost as a result of the Board's action. He stated the Board should put his clients back to where they were before they signed the real estate Contract; Mr. Fagan spent eight months developing the project and going through site plan approval, and if the Board does not pay him for that, he has lost that income and is worse off now than before the Board took its action.

Chairman Voltz inquired if Mr. Crooks is saying he is not going to accept the offer; with Mr. Crooks responding if the action is to offer $30,000 to $40,000, his client is not going to accept that.

Commissioner Cook inquired if Mr. Crooks has to present the offer to his client before turning it down; with Mr. Crooks advising he has already been given his instructions. Commissioner Cook stated the Board is looking at reimbursing the architectural fees, engineering survey fees, geotechnical testing fees, appraisal fees, permit and impact fees and the non-refundable deposit; and that is a good faith effort on the part of the County. He stated a mistake was made, but a building permit had not been issued; the property had not closed; in any real estate transaction, there is some risk; and he has bought enough homes to know that he has never been to a closing where something unexpected did not come up. He stated the County should be reasonable and fair with regard to this incident; it is unfortunate that it happened; but it was caught in time to prevent something that was not appropriate. He stated the County making a good faith offer to reimburse some of the costs is a reasonable solution.

Motion by Commissioner Cook, to authorize an offer to settle with Ustler/Fagan to avoid going through extended litigation, setting the costs that are listed minus items 6 and 7.

Mr. Crooks inquired about the figure; with Commissioner Cook responding it is $33,464, which can be rounded off to $35,000 on the recommendation of the County Attorney.

Commissioner O'Brien seconded the motion.

Commissioner Scarborough stated there would have been some attorney's fees associated with this moving forward. Commissioner Cook stated that is why he rounded it off to $35,000 to add a buffer. He stated the County is trying to be fair and reasonable and do the right thing; it was an unfortunate circumstance; mistakes were made which happens in an organization as large as the County; and things have been taking place to see that it does not happen again. He stated he would like to avoid an extended legal incident; there may be other associated costs; there are risks associated with real estate transactions; and the offer is fair.

Commissioner O'Brien stated the County never determined a tire store could not be there, but just that it could not have the driveway cut; with Mr. Knox advising that is correct.

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

Mr. Knox requested authorization to file the amount as an offer of judgment in the case, if Mr. Crooks goes forward with a lawsuit.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the County Attorney to file $35,000 as an offer of judgment, if Mr. Crooks goes forward with a lawsuit. Motion carried and ordered unanimously.

County Manager Tom Jenkins inquired if the offer is accepted, is the liability insurance fund the appropriate funding source, and does staff have permission to go ahead and settle it; with Chairman Voltz responding yes.

LETTER OF INTENT TO CITY OF SATELLITE BEACH, RE: CITY GRANT APPLICATION TO PURCHASE LANDS IMMEDIATELY NORTH OF HIGHTOWER BEACH PARK

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize the Chairman to send a letter of intent to the City of Satellite Beach agreeing to cooperate with the City if it is awarded a grant to purchase seven acres of land located immediately north of Hightower Beach Park off A1A, and stating the County is agreeable to the lands being annexed by the City, if purchased, or the lands could be managed by the City through a Joint Use Agreement. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ADVANCED ELECTRICAL INSTALLATIONS, INC., RE: SPACEPORT COMMERCE PARK PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize execution of a Contract for Sale and Purchase and Addendum with Advanced Electrical Installations, Inc. for 2.67 acres of property located in Spaceport Commerce Park at $40,050. Motion carried and ordered unanimously.

Commissioner Scarborough stated there is a bad situation on Grissom Road; it looks trashy; but the City of Titusville will vote tonight to run its reuse water line to Grissom Road; and he would like to improve the appearance of the area in order to sell more property.

Commissioner Higgs inquired about the status of the payments. Commissioner Scarborough stated the County is paying approximately $200,000 a year; the problem is the property is in terrible condition; and if the money is applied to the debt, it will not help in the long run in moving the property. He stated having reuse water at someone else's expense is a unique opportunity; and it will allow the property to be spruced up by putting plant material in. Commissioner Higgs stated it may be a good idea, but this is the first she has heard of it.

Economic Development Director Greg Lugar requested the Board approve the Contract subject to the County Attorney's minor adjustments.

Chairman Voltz inquired if the landscape issue was settled; with Mr. Lugar responding affirmatively. Commissioner Scarborough and Commissioner O'Brien accepted the amendment to the motion to allow the minor adjustments of the County Attorney. The Board reached consensus to allow the adjustments.

Commissioner Higgs inquired if details will come back. Commissioner Scarborough stated there are no details; it will be the end of the year before there is reuse water there; but there is money coming in, and the Board has the ability to use it for the Industrial Park. He stated the County Manager will put something together for the Board. Commissioner Higgs stated she heard that landscaping was an issue, but did not know how it would evolve; and if there are problems with the Industrial Park that the Board needs to be aware of, she would like to see the bigger picture. Commissioner Scarborough stated there was a problem; this is the first sale, other than to the EEL's Program, in approximately ten years; it looks like abandoned property; and there is an opportunity, with the reuse water, to improve it. Commissioner Higgs stated she can be supportive, but needs to understand it more.

The meeting recessed at 11:48 a.m. and reconvened at 12:47 p.m.

REQUEST FROM SCREAMING EAGLE INVESTMENTS, INC., RE: WAIVER OF FEES FOR REZONING AND VARIANCE FOR APACHE COURT MOBILE HOME PARK

Commissioner Cook stated Mr. Lovell has been making an effort to correct the problems at Apache Court Mobile Home Park; and rezoning will help improve the conditions for the residents at the park. Chairman Voltz inquired how will it improve the conditions.

Ron Lovell, President of Screaming Eagle Investments, Inc., stated presently the location of the units on the park with the non-conforming use does not utilize the entire property; the units are 1960 units which are only 40 feet long; in accordance with the non-conforming provision, it is necessary to put a trailer back at the same place it is at this point; and it is impossible to buy a 40-foot trailer any more. He stated there is no way to put units in the same spot without it carrying 15 feet into another unit; by utilizing the rest of the property, it would be possible to spread out the density; that will make it better for everyone involved; and it will help with the infrastructure because there is no room to make corrections. He stated the drainfields and septic tanks are underneath trailers; he has no idea where they are running; and after the zoning change, he wants to make the next step into sewer to resolve the other problems.

Commissioner O'Brien inquired if Screaming Eagle Investments is a non-profit corporation; with Mr. Lovell responding no. Commissioner O'Brien inquired where does the money from the rents go; with Mr. Lovell responding it goes back into the park. Commissioner O'Brien inquired how many units are there; with Mr. Lovell responding there are 32 allotted spaces, and right now there are 20 units, at $300 each, if he can collect. Commissioner O'Brien stated that is $6,000 per month; with Mr. Lovell advising in a good month he may collect $3,800; the debt service is $3,500; and the repairs eat up the rest of the money. He stated they have put $7,000 to $8,000 in; there is a lot more to go before they can correct the Code violations; they are doing everything they can; and the taxes on the property are $8,500 a year. Commissioner O'Brien stated this is a business to rent properties to people; unfortunately most of the people are poor; and Mr. Lovell is operating a ghetto and a slum which is a black eye in the community. He stated the Board is being asked to waive fees, while Mr. Lovell is collecting rent as a for-profit organization; and it is a non-conforming mobile home park. Mr. Lovell responded if it went to TR-3 status, it would be conforming; they are trying to upgrade the facilities; and until they get through that, they cannot do it. He stated he will be happy to open his books to the Board. Commissioner O'Brien stated he does not care about the books because this is a profit making company; and if Mr. Lovell cannot collect rents, that is his problem to solve. He stated there is another non-conforming trailer park on A1A; if the Board does this for Mr. Lovell, it will have to do it for the other park; and people would like to see that trailer park close because it is an eyesore. Commissioner Cook inquired where would the people go; with Commissioner O'Brien responding the County has affordable housing throughout the County. Commissioner Cook expressed concern about putting people in government housing rather than leaving them in private housing. Commissioner O'Brien stated what he saw he would not even term as housing; and this is a ghetto. Commissioner Cook stated Mr. Lovell is trying to comply with the conditions put on him by the County; moving people into government housing is not necessary; the people do not want to move; they think Mr. Lovell is trying to improve the conditions; and he has to improve those conditions because the County demands he do so. He stated the Coalition for the Hungry and Homeless have come to Mr. Lovell's defense because he allows people to move in without down payments; he allows them to stay if they cannot make their payments on time; these are very poor people; and he does not want to displace these people if he does not have to.

Commissioner Higgs stated the issue is not zoning or whether this is the way for people to be housed; the issue is waiver of fees; and she has not been presented with any evidence that warrants waiver of fees. She stated this is a private, for-profit business; it is operating in Brevard County; and it should pay the fees like anyone else.

Commissioner Scarborough stated the Board has taken a stand that it would prefer to look at helping those in need, rather than helping entrepreneurs; he understands most businesses lose money in the first three years; and because someone has opted to go into business, government does not need to insure their profitability, unless the government is going into partnership with them. He stated if government becomes a partner, it should be able to obtain a reasonable profit like any shareholder; with Commissioner Cook advising the owners are not getting a great deal of reward out of this. Commissioner Cook stated Commissioner Scarborough presents a persuasive argument; and Mr. Lovell has not indicated why it would be a hardship to come up with the filing fee.

Mr. Lovell stated $1,052 may not sound like a lot of money to the Board, but it is a lot of money to him; what they are trying to accomplish is to know that they have the approval to go into sewer; the impact fees that go with that are $47,000; and he does not know where they will come up with the financing to pay for that as well as a lift station. He stated they cannot justify putting up $1,052 without knowing they will get the okay.

Commissioner Cook stated the County does not want to drive Mr. Lovell out of business; even though he is for-profit, he is supplying a community need for housing; but there are significant problems at this trailer park. He stated he has been told by staff and others that the owners are attempting to correct the situation; the residents say the owners are making a good faith effort to correct the problems; they do not want to be displaced; but there does not seem to be support to do this.

Chairman Voltz stated she would vote to waive the fees because the $1,052 could be spent to fix up the trailer park; and if government truly wants to help the people who need help, that is what it needs to look at. She stated she does not think the Board will have everyone asking for waiver of zoning fees, but this is a true need in the community.

Commissioner Scarborough stated this is a corporation; he has no idea if the corporation has other assets or the value of the corporation; and the question is if the corporation is sold, will the Board get its money back. He stated the problem is not the money, but the manner in which each item is approached sets precedent for subsequent items.

Chairman Voltz stated there are Code problems which the owner is trying to address; and Mr. Lovell would not be before the Board if the County was not in his face. She stated the Board is not here to talk about Mr. Lovell or the people who live in the trailer park.

Commissioner O'Brien stated when Mr. Lovell bought the park, he speculated that he may be able to make some money off it; otherwise, why would someone buy something like that; and that is the chance someone takes in business. Commissioner O'Brien stated people are affected when they buy any housing; there are homeless living in tents in County parks or on the beaches; and the Board should not be participating in this manner with a for-profit corporation which is essentially a slumlord.

Chairman Voltz stated the County is not giving Mr. Lovell any money; it is not losing anything; and suggested going through the rezoning and putting off the fee. Commissioner Cook stated he does not think the Board can do that. Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to deny the waiver of fees for rezoning and variance for Screaming Eagle Investments, Inc.

Commissioner Scarborough suggested Mr. Lovell could agree to pay the fees within a certain amount of time. Commissioner Cook stated the Board has done that before, allowing a year or so to pay the fees. Commissioner Scarborough suggested 24 months. Commissioner Cook stated that is a better solution.

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

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize Ron Lovell, President of Screaming Eagle Investments, Inc., to pay the $1,052 fees for variance, rezoning and Natural Resources review of Apache Court Mobile Home Park over a period of 24 months.

Commissioner Scarborough inquired if staff will immediately process as if the fees were paid; with Commissioner Cook responding affirmatively.

Commissioner O'Brien inquired what happens if the Board does not rezone. Commissioner Cook stated he would still owe the money. Commissioner Higgs inquired who will the County get its money from if he sells or goes out of business; and stated the County will already have expended the money to advertise.

Commissioner Scarborough restated the motion is for Mr. Lovell and his wife, if he is married, to sign a note agreeing to pay the $,1052 fees for variance, rezoning and Natural Resource review of Apache Court Mobile Home Park over a 24-month period. Commissioner Cook accepted the motion as restated; and stated there is no guarantee on the zoning.

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

APPROVAL OF ITEMS, RE: PORT ST. JOHN EAST CONNECTOR ROAD

Commissioner Scarborough stated Doug Robertson's client authorized him to send a letter to advise that in addition to what is set forth in the staff report, they will contribute half of the landscaping in the median in front of the East Connector Road.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize execution of Agreement with Cape Canaveral Heights, Jacob Aaron Corporation, BDM Financial Corporation, and Allstate Environments, Inc. for exchange of property and payment of additional funding, in conjunction with the Port St. John East Connector Road; authorize the Chairman to execute Agreement, Budget Change Requests, and Deeds, etc. necessary for the exchange upon completion of the Agreement; authorize Amendment to Agreement with Bussen Mayer Engineering Group, Inc. for the design, redesign and surveying services; authorize staff to proceed with purchase of the remaining parcels needed for the project, at up to 100% of the appraised value, and authorize the Chairman to execute necessary Contracts for Sale and Purchase; and adopt Resolution of Necessity for condemnation of parcels, if right-of-way acquisition is not successful. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE RELATING TO DEVELOPMENT IN WEST CANAVERAL GROVES

Commissioner Higgs advised the item is simply to advertise a public hearing and is not consideration of the ordinance.

Chairman Voltz stated the Board will not be considering any particulars of the ordinance.

Dick Gregory stated in Section 1 it says a portion of Section 8, Township 24, Range 35, lying north of SR 528; but Section 8 ends at SR 528. Chairman Voltz stated hers says south of SR 528. Community Development Administrator Peggy Busacca explained the discrepancy; and stated according to the maps there is a small portion of Section 8 which lies north of SR 528. Mr. Gregory disagreed; and stated the portion that lies north of SR 528 would be Section 5. Ms. Busacca stated she will verify it. Mr. Gregory stated a portion of Section 8 is maintained to Palmetto Avenue.

Thomas Perkinson stated the idea of putting a moratorium on people coming into West Canaveral Groves is a good idea; he will be able to come up to compliance this year; and it will cost $6,000 to do it. He stated as long as someone is making a reasonable effort to come into compliance, it would be good to go along with them; and if someone can show financial responsibility or bank the money, it would be fair for them to come onto Satellite Boulevard, which is partially maintained.

Joe Stadnik stated he read the development plan of West Canaveral Groves; many speculators are buying the land, some of it unbuildable; in a few years the price of the land went from $1,000 to $8,000 per acre which has caused problems for the low income families who live there; and it has increased the cost of the basic needs of life, City water, electric, and sewage systems. He addressed the issue of road rights-of-way. He stated there are a few families in Canaveral Groves who are needy; they cannot come up with the money for the sewage system and water; and requested the Board look into grants and the workfare program for needy people.

Terry Rosenberger stated he is a property owner in Section 8; his property was rezoned in 1995 to RRMH-1; and encouraged the Board to advertise the public hearing, but change the draft ordinance. He recommended the Board amend the description of the subject area; stated as a property owner within 700 feet of Section 9, which is well developed, with infrastructure, and high property values, he feels that McGee Drive could potentially connect with the water lines and the services from Section 9; and requested McGee Drive be exempted from further changes, and from the ordinance.

Chairman Voltz inquired where is Section 9 on the map; with Mr. Rosenberger responding to the east of the canal. He stated Palmetto Avenue which is a short piece in Section 8 is not maintained by the County; however, the road has been improved to Satellite Boulevard. He advised of correspondence with other owners on McGee Drive. He stated Section 2 of the ordinance amends the date for designation of existing permanent structures to June 1, 1998; that invites owners to put a junky trailer on the property before the deadline; the area has the potential for $50,000 to $80,000 homes; and it is still subject to impacting wetlands and the other types of regulations that other parts of West Canaveral Groves do not have to deal with. He stated Section 6 of the ordinance deletes acceptance of the roads; it is saying to owners their properties will no longer be buildable without coming into compliance with the private road agreement or getting their neighbors to dedicate their road; and every owner should receive notice, because out-of-state owners will not have any idea if there is only a newspaper notice. He stated he bought his acre at a low value; he would like to see it increase; and he would like to develop it, but would also like to preserve the pristine area. He encouraged the Board to consider those changes in its advertising. He stated as the word gets out that things are changing, the Board will have to deal with other input. He stated he does not want to be part of the problem, but wants to be part of the solution.

Commissioner Scarborough inquired if Mr. Rosenberger has spoken with Ms. Busacca about some of those things; with Mr. Rosenberger responding not his specific issues. Commissioner Scarborough stated it would be helpful to communicate before the public hearing.

Commissioner O'Brien suggested leaving the wording of the advertisement loose so the Board can include other areas if it decides to do so without having to re-advertise.

Commissioner Cook stated he likes the idea of notifying the property owners; a lot of the owners are out-of-state; other owners may not get the newspaper; the Board sent out many notices for the Palm Bay Transportation Study; and since this could potentially change the Ordinance, it would have a direct impact on the properties. Commissioner Higgs inquired if the County noticed them all when the Ordinance was changed in 1994 to allow building on non-County maintained roads; with Ms. Busacca responding no. Commissioner Higgs stated the proposed Ordinance will take it back to the way it was in 1994 in regard to the conditions under which someone could build.

Commissioner Cook stated since it is a change and there will be a public hearing, it would not hurt to provide notification. Commissioner Scarborough inquired how easy will it be to get the addresses and mail out cards. Ms. Busacca stated staff can do that; it does it routinely for Comprehensive Plan amendments; and there is a continuing contract with an entity to do the mail processing. Commissioner Scarborough requested a price for the mailing. Commissioner O'Brien stated notices are difficult to read; and suggested keeping the notice simple. Chairman Voltz suggested staff put something together and send it to the Commissioners. Ms. Busacca explained how the notices are routinely done. Commissioner Scarborough stated if the question of doing the mailing is coming back to the Board next week, it is necessary to insure there is adequate time to advertise and get the notices out so they are received at least ten days in advance. Ms. Busacca stated on April 21, 1998, she will provide the Board with a copy of the letter, cost for the mailing, and time to get the mailing out.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise a public hearing to consider an ordinance regulating development in West Canaveral Groves; and direct staff to provide the Board on April 21 1998 with a copy of the notice and costs of mailing to provide notice at least ten days in advance of the hearing. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, RE: EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE COMPETITIVE GRANT

Chairman Voltz stated the grant is to expand and renovate the Emergency Operations Center.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Grant Agreement with Department of Community Affairs for Emergency Management Preparedness and Assistance Competitive Grant in the amount of $360,250; and authorize the Chairman to execute follow-up documents necessary to secure and administer the grant award. Motion carried and ordered unanimously.

Commissioner O'Brien commended the County Manager for going after the grant and acquiring it.

APPROVAL, RE: OUTSIDE MUSIC CONCERT AT SPACE COAST STADIUM

Commissioner Cook inquired if a musical event has been held before at the Stadium; with County Manager Tom Jenkins responding affirmatively. Commissioner Cook inquired what the proceeds are used for; with staff responding they will be donated to the Muscular Dystrophy Association.

Mr. Jenkins stated the reason this is before the Board is because it is an outdoor event, not because it is at the Stadium.

Commissioner Cook inquired if all proceeds go to charity; with staff responding yes, after expenses are deducted. Commissioner O'Brien advised it is the Charlie Daniels Band, and it will be fabulous.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to grant permission to issue a special event permit to Space Coast Professional Fire Fighters to hold an outside musical concert at the Space Coast Stadium on April 19, 1998 from 3:00 p.m. to 6:00 p.m. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING PASSAGE OF SENATE BILL 1478 AND HOUSE BILL 3827, ACCESS TO AFFORDABLE PRIVATE INSURANCE COVERAGE

Commissioner O'Brien stated everything always looks good at first blush, but he has gotten more information since he asked the Board to look at it; and there is a large amount of controversy surrounding it.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table consideration of resolution supporting passage of Senate Bill 1478 and House Bill 3827 to April 28, 1998. Motion carried and ordered unanimously.

DISCUSSION, RE: U.S. SENATE BILL S.1350, PRESERVING STATE AND LOCAL AUTHORITY TO REGULATE TELECOMMUNICATIONS FACILITIES

Commissioner Cook stated the FCC is in final rule making that would have significant impact whether local boards would have the ability to have siting regulation, or any input or authority over the placement or construction of certain telecommunication facilities; and some of them are large and have an impact on local property values.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Chairman to send letters of support for Senate Bill 1350, preserving State and local authority to regulate telecommunications facilities, to the bill's sponsors Senator Patrick Leahy and Senator James Jeffords, U.S. Senators Bob Graham and Connie Mack, U.S. Congressman Dave Weldon, Florida League of Cities, Florida Association of Counties, and National Association of Counties.

Chairman Voltz stated it says the placement of towers can greatly reduce the value of each home; that has never been proven; and the Board has been given the opposite opinion. Commissioner Cook stated if there is a 300 to 400-foot antenna in your back yard, it will devalue your property. Chairman Voltz stated it has never been proven, but she agrees local government should have more control. Commissioner Cook stated the FCC, which is an appointive body, can void a local elected body's authority to have any sort of zoning or siting criteria for towers and antennas; and some of them can be as high as 2,000 feet. He stated the Senate Bill is trying to preserve local authority, because the Board does not need some bureaucrat in Washington, D.C. making local siting or zoning decisions. Commissioner Scarborough stated it is one of the most dangerous precedents he has ever seen. Commissioner Cook stated it is the FCC becoming a national zoning board; and the issue is of immense significance. Commissioner Scarborough stated it is denying the people an opportunity to participate in the process. Commissioner O'Brien stated this is the same FCC that allows local hearings on cable television rates; however, nothing can be done about them. He stated government being run by an agency was not the thought of the founding fathers; and it is ending up to be a non-representative government.

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

PERSONAL APPEARANCE - NELLY STRICKLAND, RE: PARRISH MEDICAL CENTER

Nelly Strickland stated on November 4, 1997 she started her quest for an opinion poll taken by the consultants to Parrish Medical Center; and outlined her efforts to get a copy of the poll. She stated she got a sheet with a few numbers on it from Parrish Medical Center; it was a fake poll; last Monday, someone faxed a copy of the real poll to her; and the real poll shows shyster tricks. She stated after she received the fax copy, she called the hospital to request a formal copy, and was told the hospital sent what it had, which was the one-page poll. She stated County Attorney Scott Knox, with the Board's permission, helped; she got the Attorney General's Office involved; she had a mediation offer; and the minutes were turned loose. She stated the deal was based on no choice; Florida Hospital got 72% on the poll; the others came in rather low; and Health First was the lowest with 1%. She stated pushing a deal like that through while withholding documentation that might be detrimental to the deal has to be a crime; and requested the Board bring suit against Parrish Medical Center. She stated there are 66,000 people who have paid taxes on the hospital for many years; their health care is taken care of there normally unless the problem is too big; and it is a crime that this deal almost went through against the will of the people. She stated she asked the Legislative Delegation for a copy of the legislation to amend the Enabling Act that would have prevented a referendum, but no one had it; and she has Harry Jones' telephone bills which show calls to the Elections Office and members of the Delegation. She stated this is a big fraud; everyone has been telling tales and denying information; it violates public records laws and the Sunshine Law; and she wants to see something done. She reiterated her request for the Board to bring suit against Parrish Medical Center; and stated the CEO needs to get it through his head that this is not to be repeated. She commented on the CEO, his salary, pension fund, and moral code. She stated if the Board cannot do something, she will take it elsewhere; she is ready for drastic measures; and the people who live in North Brevard and have provided the community with the hospital should not put up with this. She stated the plans are for the money to be put into the Foundation; the side-by-side board owns the MRI; and the members of that board have conflicts of interest. She commented on high medical bills, double billing, Medicare fraud, and hypocrites.

Commissioner Scarborough stated Ms. Strickland brought the issue of public records up approximately six weeks ago; the County Attorney referred to the right to withhold certain documents; and that has been resolved now. He requested the County Attorney bring the Board up to date. County Attorney Scott Knox stated the law provided certain exceptions to the public records laws for negotiations, strategic planning, and things like that; it provides that once a negotiation is terminated, everything becomes public record; and those things should be available for anybody to look at now. Ms. Strickland inquired why things are still being withheld. Mr. Knox responded he does not understand why they would still be withholding. Ms. Strickland stated it is being withheld because it shows the truth.

Commissioner Scarborough stated at that time there was a difference of opinion between Mr. Knox and Mr. Jones; he thought that was resolved in Mr. Knox's favor; and inquired if there are documents that should have been released. Ms. Strickland stated when the minutes were released in February, 1998, all the records of the meetings should have become public information. Commissioner Scarborough stated that was Mr. Knox's opinion. Ms. Strickland stated that needs to be pursued because if it can be done this time, it can be done the next time; and reiterated her request for the Board to bring suit against the Parrish Medical Center. Commissioner Scarborough suggested Mr. Knox meet with Ms. Strickland concerning the documentation that has not been released; and stated it is not prudent for a government agency to sue another government agency if it can be resolved with a phone call from the attorney. He stated if there is a problem with records not being released to the public, they will enforce the law, but this matter can be handled through the County Attorney. Ms. Strickland stated that is not the right way to go because it leaves it open for that much more; and she was denied a formal copy of the poll when she asked for it last Monday. Commissioner Scarborough requested the County Attorney report at the next meeting whether there are any violations which would lead to a cause of action.

Mr. Knox stated in order for the Board to get involved in any kind of lawsuit, it would have to make a request for the documents and be denied; and he is not sure which documents Ms. Strickland is talking about.

Commissioner Scarborough stated he would like Mr. Knox to find out from Ms. Strickland what is wanted; the Board has an obligation to assure the public that there is complete disclosure of all documents they have a right to see; it is part of the Board's fiduciary responsibility; and while he does not have a problem proceeding, he would like to proceed under the advice of counsel.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Attorney to report to the Board on April 21, 1998 on whether Parrish Medical Center is violating law requiring complete disclosure of all documents, as alleged by Nelly Strickland.

Commissioner O'Brien inquired if this is the action the Board would take if it was Port Canaveral, the Melbourne Airport, or the School Board; with Chairman Voltz responding those are all elected bodies, whereas Parrish is not. Commissioner Cook stated the only elected body Ms. Strickland can go to is the Board; with Commissioner O'Brien advising she could also go to the Titusville City Council. Chairman Voltz advised it is considered a County hospital. Commissioner Cook stated the Board of County Commissioners and the Titusville City Council appoint people to the Hospital Board; and Ms. Strickland is going to the City Council tonight. He stated the withholding of public records is a serious allegation and it needs to be resolved. Commissioner Scarborough stated the County Attorney needs to look into it. Chairman Voltz suggested Ms. Strickland keep in touch with the County Attorney. Ms. Strickland inquired if that is all the Board is going to do; with Commissioner Scarborough responding Mr. Knox will report to the Board next week. Chairman Voltz stated the Board has to get the information it needs; and there is not enough information to do what Ms. Strickland is suggesting.

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

PERSONAL APPEARANCE - BEA POLK, RE: PARRISH MEDICAL CENTER

Chairman Voltz stated Bea Polk was supposed to make a presentation, but is not present. Nelly Strickland advised Ms. Polk had a death in the family, and is out of town.

REQUEST FOR CONDITIONAL REDUCTIONS OF FINE AND PARTIAL RELEASES OF CODE ENFORCEMENT LIENS, RE: GEORGE GLOVER AND WOLF FAMILY PARTNERSHIP

Commissioner Higgs stated the Board is heading down the wrong path in regard to the handling of liens. She stated the Wolf Family Partnership acquired the property through a tax deed sale; at that time they were not aware of the liens on the property; the intent is to sell the property; and what the Board will do is help them make a profit, which is inappropriate, by reducing the $4,844 lien. She stated the other case is a property which was out of compliance since 1995; and the Board is being asked to resolve an $11,000 fine. She stated the Board has to find other alternatives in handling the liens; in the case of the Wolf Family Partnership, it is improper to reduce the lien.

Commissioner Cook stated both cases went to the Special Master who made the recommendations. He stated in the Glover case the violation has been corrected, so he can support the reduction; however, in the case of the Wolf Family Partnership, the violations have not been corrected, and he would be inclined to not go forward. He noted the Special Master did hear both cases and recommended a penalty on the Glover case of $933; but in the case of the Wolf Family Partnership, the reduction is more suspect because the violation has not been corrected.

Commissioner O'Brien stated he agrees with Commissioner Higgs, particularly in the case of the Wolf Family Partnership; it is unfortunate that the Wolf Family purchased the property at a tax deed sale in September, 1997, and did not notice the lien on the deed; but they knew what they were getting into when they bought the property.

Commissioner Cook stated it is possible they did not know what they were getting into; and inquired if the violation has not been corrected by the Wolf Family Partnership; with Code Enforcement Director Bobby Bowen responding it has not.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny the request for conditional reduction of fine and partial release of Code Enforcement Lien for the Wolf Family Partnership. Motion carried and ordered unanimously.

Commissioner Higgs stated she is concerned that the County is assessing fines, it is taking years to come into compliance, and then the County absolves all of the fine except for approximately 10%. She stated in the Glover case, the conditions persisted for three years; and it affected the conditions of the neighborhood. She stated the Board needs to come up with a better way to do this because what the Board is saying is don't bother coming into compliance because later you can come and plead your case, and the Board will almost absolve the whole fine; and that is a poor message.

Chairman Voltz inquired if the Board is not going to take the Special Master's recommendation, why bother spending all the money to have a Special Master.

Commissioner Cook stated this is why he was not in favor of the Special Master; and expressed preference for a Code Enforcement Board made up of citizens. He stated the Special Master listens to all the cases and makes a recommendation; and expressed concern if the Board is not going to accept the judgment of the Special Master. He stated he would rather have the property in compliance and back on the tax rolls; in many of the cases the fines exceed the value of the property; and if the fines are left as is, there is no incentive to come into compliance.

Commissioner Higgs stated the Special Master was appointed in place of the Code Board to make the initial hearing; the actual release of the lien has to come before the Board; and the Special Master is asked to present the facts to the Board. She stated the opportunity to do it in a more efficient way than the Code Board was what the Board looked at with the Special Master; and the Special Master has two functions. She stated if there is a violation, it can go either to the Code Board or the Special Master. Commissioner Cook advised there is no Code Board. Commissioner Higgs inquired if someone can ask for a Code Board hearing; with Commissioner Cook responding no, it was disbanded. Code Compliance Director Billy Osborne advised the Code Board is inactive. Discussion ensued on the status of the Code Board. Commissioner Higgs inquired if someone has the option to go to the Code Board; with Mr. Osborne responding not at this time. Commissioner Cook stated he would like to go back to at least having that option. Commissioner Higgs stated she thought individuals had that option. Community Development Administrator Peggy Busacca stated the Board approved the Special Master as a trial period, and that is why the Code Enforcement has not been disbanded; and the Board direction was that all of the cases go to the Special Master during the trial period. Commissioner Cook stated he would like the Board to reassess that because individuals should have the option of going to the Code Board or the Special Master; with Chairman Voltz agreeing.

Commissioner Higgs stated in this case, the decision whether to alter someone's fine has to come before the Board; and the Board just asks for advice from the Special Master, and does not have to take it.

Commissioner O'Brien stated the Board made a motion almost a year ago to have Special Masters as an experimental option only; there was a time limit on it; and it should be coming back to the Board very soon for a decision on whether to disband the Code Board. He stated in the Glover case, he would go along with a reduction because the gentleman has a financial hardship; he had a stroke; he is a victim of circumstances; and is a victim of the system. Commissioner Higgs advised those are Mr. Glover's comments. Commissioner O'Brien stated there should be a disclaimer at the bottom of the form advising the form is filled out by the applicant because the assumption is it is the Special Master's form. Commissioner O'Brien stated the man's house did burn down; and he has gotten calls asking that it be fixed up.

Commissioner Scarborough stated if the Board overturns the Special Master's recommendation, it needs to make statements supporting the decision. He stated the Wolf Family Trust acquired the property in August, 1997; but in March, 1997 the liens were filed; anyone can access the public records and determine the property had liens on it; and a prudent person making a purchase should have done that. He stated he does not want to retry each case; the facts are checked by the Special Master; and unless the Special Master indicates the person is a liar, he assumes the Special Master concurs with the statements.

Commissioner Cook stated he would prefer that individuals had the option of going to the Code Board or the Special Master. He stated in this finding, the Special Master indicates the factors which favor a reduction of penalty and the mitigating factors against the reduction; and the Board cannot hear every case, and has to rely on the Special Master's decision.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve reduction of accrued Code Enforcement fine for George Glover, 410 Baker Road, Merritt Island to $933; and direct staff to prepare and execute a Partial Release and Satisfaction of Lien, upon payment of the reduced fine.

Commissioner Higgs stated she will not support the motion; the findings indicate that it took a long time for the individual to comply; and the actual violation goes back to 1994.

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

LETTER, RE: DWIGHT SPENCER

Chairman Voltz stated Dwight Spencer left a letter for the Board; and she will provide copies to each Commissioner.

DISCUSSION, RE: LANDSCAPE AND LAND CLEARING WORKSHOP

Chairman Voltz stated the Landscape Workshop was originally scheduled for May 14, 1998; she had a request from some people to move it up a week as they would be out of town; but the following week is Memorial Day weekend.

Commissioner Higgs inquired if a Commissioner wanted to move it; with Chairman Voltz responding it was a request from citizens.

Discussion ensued on when to hold the workshop. The Board reached consensus to hold the workshop as presently scheduled on May 14, 1998.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 2:09 p.m.

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
( C L E R K )