The Board of County Commissioners of Brevard County, Florida, met in regular session on December 1, 1998, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Helen Voltz, District 5.

Members of the Sons of the American Revolution led the assembly in the Pledge of Allegiance.

PERSONAL APPEARANCES - BREVARD CHAPTER OF THE SONS OF THE AMERICAN REVOLUTION, JAMES E. WILSON, PRESIDENT, RE: RESOLUTION PROCLAIMING 1999 AS THE GEORGE WASHINGTON BICENTENNIAL YEAR

Commissioner Carlson read aloud a resolution proclaiming 1999 as The George Washington Bicentennial Year.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution proclaiming 1999 as The George Washington Bicentennial Year in Brevard County. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to James Wilson, President of the Brevard Chapter of the Sons of the American Revolution.

PERMISSION TO HOLD EXECUTIVE SESSION, RE: SEVIGNY CASE

County Attorney Scott Knox requested an executive session to discuss the Sevigny case; and suggested it be held after the next daytime meeting.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to hold an executive session to discuss the Sevigny case on December 15, 1998 at the conclusion of the Board meeting. Motion carried and ordered unanimously.

REPORT, RE: YORKE DOLINER FIRE

Commissioner Carlson distributed written materials concerning Yorke Doliner, also known as Trademark Metals, which has a current Contract with the County. She stated on November 9, 1998, there was a scrap metal fire at Yorke Doliner where there was a pollution threat sufficient for people REPORT, RE: YORKE DOLINER FIRE (CONTINUED)

in Viera, especially Heron's Landing homeowners, to be given warnings to stay indoors, although no evacuation order was necessary; and coincidentally an intent to issue a permit was recognized by the Department of Environmental Protection to increase the processing rate of Yorke Doliner from 90 to 150 tons per hour. She stated on November 10, 1998, DEP was contacted; and DEP was onsite on November 13, 1998 to review the situation for air monitoring and waste cleanup. She stated on November 16, 1998 she attended a meeting called by the Heron's Landing homeowners which was also attended by Rich Wilson of the School Board; she invited Chief Bill Farmer to assist in addressing any issues regarding the fire; and the pollution potential has been an ongoing problem for the last three years. She stated on November 17, 1998 there was a letter from the Superintendent of Schools and the President of the Viera Company indicating awareness of the problem; and on November 19, 1998 there was a letter from Ed Curry, Assistant Superintendent of School Facilities Management Services, advising of a commitment by The Viera Company to object to the DEP intent to issue an additional permit to Yorke Doliner until there has been resolution regarding the air pollution issue. She advised Chief Farmer is present if there are any questions; and she will keep the Board apprised of any new developments. She noted the Board is looking at an extension of the Yorke Doliner Contract until February, 1999 so it can go out to bid potentially.

RESOLUTION, RE: SUBDISTRICT 7 HEALTH AND HUMAN SERVICES BOARD

Commissioner Voltz read aloud a resolution supporting formation of a 7B Subdistrict Health and Human Services Board for Brevard County; and stated the County will still be affiliated with District 7, but this will be better for the County.

Commissioner Higgs inquired if the County is trying to get a separate allocation; with Commissioner Voltz responding eventually that is what they would like to do. Commissioner Higgs expressed concern that if the County is separate, it will have less clout.

Chairman Scarborough stated this is an issue that is more substantive than what is usually handled under reports. Commissioner Higgs inquired if it has to be done today; with Commissioner Voltz responding she wanted to do it for the meeting on Thursday. Commissioner Higgs expressed concern that the Board does not know the full impact; and stated while she would like to deal with the issue, she is not sure why it has to be done today. Commissioner Scarborough suggested handling it at the end of the meeting. Commissioner O'Brien stated things like this belong on the Agenda so the public has warning; it is a substantive matter that should not be brought up under reports; and he presumes it came forward today because time is short. Commissioner Voltz stated that was the only reason. Commissioner O'Brien stated one of the problems with the Board is that it gets things on Wednesday that are due on Thursday, and someone knew about this more than 60 to 90 days ago, but did not bring it forward. Commissioner Voltz stated it was only discussed in the office last week, and the Agenda was already out. Commissioner O'Brien inquired what will happen if it is put off until next week; with Commissioner Voltz responding nothing, but there is a meeting on December 3, 1998 to discuss Brevard County issues.

Chairman Scarborough suggested deferring a week so the Board can know any downside risk. The Board reached consensus to postpone the issue to December 15, 1998.

REPORT, RE: FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE CONFERENCE

Commissioner Voltz advised she attended the Florida Association of Counties Legislative Conference, and will bring up the issue when the Board discusses the Legislative Package since a lot of the issues were related to that.

OPINION, RE: CONFLICT OF INTEREST

Commissioner Higgs stated there is an allocation to Keep Brevard Beautiful on the Consent Agenda; she worked on a proposal for a school which was submitted to Keep Brevard Beautiful; and inquired if that creates a conflict. County Attorney Scott Knox responded no, because there is no personal financial gain.

AGREEMENT WITH MARK SIMCOX, RE: IMPACT FEE FINANCING FOR WEST CANAVERAL GROVES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with Mark Simcox to finance impact fees for a mobile home at 6921 Desert Sands Avenue in West Canaveral Groves. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS IN VIERA, TRACT L, PHASE 2, UNIT 3

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing infrastructure improvements for Viera, Tract L, Phase 2, Unit 3. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE 98-43 FROM CITY OF MELBOURNE, RE: ANNEXATION OF PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to acknowledge receipt of Ordinance 98-43 from the City of Melbourne for annexation of .81 acre. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE 98-52 FROM CITY OF MELBOURNE, RE: ANNEXATION OF PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to acknowledge receipt of Ordinance 98-52 from the City of Melbourne for annexation of 5.1 acres. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING PUBLIC WORKS DIRECTOR TO EXECUTE LOCAL AGENCY PROGRAM AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION FOR ENHANCEMENT PROJECTS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution authorizing execution of Local Agency Certification Qualification Agreement with Florida Department of Transportation for enhancement projects. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING PUBLIC WORKS DIRECTOR TO APPLY FOR HIGHWAY BEAUTIFICATION GRANT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution authorizing the Public Works Department to apply for a Highway Beautification Grant from Florida Department of Transportation, and enter into a Highway Landscaping Maintenance Memorandum of Agreement with the Department for landscaping and maintenance of the intersection of SR 405 and U.S. 1. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF COCOA, RE: MAINTENANCE OF TRAFFIC SIGNALS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with the City of Cocoa for maintenance of seven existing traffic signals within the City. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH CLASSIC FIELDSTONE, LTD. FOR IMPROVEMENTS IN SUNTREE ESTATES, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution releasing Contract with Classic Fieldstone, Ltd. dated May 21, 1996, for improvements in Suntree Estates, Phase II. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FOR BIDS, AWARD BID, AND EXECUTE CONTRACT, RE: FLEMING GRANT ROAD POND, TASK 92-002-13

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise for bids, award bid to the lowest qualified responsible bidder, and authorize the Chairman to execute the Contract with the successful bidder for construction of Fleming Grant Road Pond. Motion carried and ordered unanimously.

APPROVAL OF CHANGE ORDER NO. 2 TO AGREEMENT WITH COSTELLO & SONS CORPORATION, RE: WEST MELBOURNE PUBLIC LIBRARY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 2 with Costello & Sons for construction of West Melbourne Public Library, decreasing contract price by $3,375.80 for installation of storm sewer pipes and voice evacuation fire alarm system, and deletion of access road. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOMMENDING RENCO ELECTRONICS, INC. BE APPROVED AS A QUALIFIED TARGET INDUSTRY BUSINESS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution recommending Renco Electronics, Inc. be approved as a Qualified Target Industry business, and requesting necessary commitment of local financial support be waived and matched through the Brevard County Tax Abatement Program. Motion carried and ordered unanimously.

PERMISSION TO SELL, RE: NONIN PORTABLE OXIMETERS TO COASTAL HEALTH SYSTEMS OF BREVARD, INC.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the sale of six Nonin portable oximeters from the Public Safety Department to Coastal Health Systems of Brevard, Inc. in the amount of $100 each. Motion carried and ordered unanimously.

PERMISSION TO PIGGYBACK NASSAU COUNTY BID, RE: AMBULANCES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to granted permission to piggyback the Nassau County bid package for two 1999 Ford 350 XL Type 1 ambulances instead of bidding out the ambulances as approved by the Board on August 4, 1998. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICE COUNCIL OF BREVARD, INC., RE: SCAT SERVICES FOR SENIORS AT LUNCH PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Purchase of Service Agreement with Community Services Council of Brevard, Inc. in the amount of $86,418 for transportation services to Seniors at Lunch Program participants from January 1, 1999 through December 31, 1999. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COMMUNITY COLLEGE, RE: RECORDING AND BROADCASTING COMMISSION MEETINGS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with Brevard Community College for recording and broadcasting of defined County Commission meetings from January 1, 1999 through December 31, 1999. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AGREEMENT AND PLAN OF RESTRUCTURING AND MERGER OF TCI SOUTHEAST, INC. AND AT&T FOR BAREFOOT BAY/SNUG HARBOR CABLE FRANCHISE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise public hearing on December 15, 1998 to consider agreement and plan of restructuring and merger between TCI Southeast, Inc. and AT&T for Barefoot Bay/Snug Harbor Cable System franchise. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION COMMITTEE, AND EXTEND CURRENT CONTRACT WITH TRADEMARK METALS RECYCLING (FORMERLY YORKE-DOLINER), RE: PURCHASE OF SCRAP METAL

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise a request for proposals for purchase of scrap metal recovered from the County's Solid Waste disposal facilities; appoint a Selection Committee consisting of the Solid Waste Operations Director, Recycling Coordinator, Assistant County Manager for Environmental Services, and the Solid Waste Management Director; and extend the current Agreement with Trademark Metals Recycling until a new contract is entered into. Motion carried and ordered unanimously.

ADDENDUM NO. 11 TO AGREEMENT WITH KEEP BREVARD BEAUTIFUL, INC., RE: BEAUTIFICATION, LITTER CONTROL AND RECYCLING PROGRAMS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Addendum No. 11 to Agreement with Keep Brevard Beautiful, Inc. for Beautification, Litter Control, and Recycling Programs in the amount of $90,185. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD PURCHASE ORDER, RE: REPLACEMENT OF ROOFING MATERIAL ON SYKES CREEK REGIONAL WASTEWATER TREATMENT PLANT OPERATIONS/LABORATORY BUILDING

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to bid and award Purchase Order to the lowest responsive bidder for replacement of the roof on the Sykes Creek Regional Wastewater Treatment Plan Operations/Laboratory Building. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: EMPLOYEE HEALTH BENEFIT PLANS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize the County's Employee Benefits Consultant, Wittner Associates, in conjunction with staff, to develop and conduct an RFP process to select vendor(s) to provide employee medical, prescription, and mental health group benefits effective January 1, 2000; direct that the RFP explore all managed care fully-insured and self-insured options, including direct contracting; and approve having Wittner Associates analyze the responses and provide an executive summary of responses received, including a financial analysis to the Board-appointed Insurance Committee, which will act as the Selection Committee to make recommendations to the Board. Motion carried and ordered unanimously.

AUTHORIZE COUNTY MANAGER OR DESIGNEE TO EXECUTE OPTION AGREEMENTS WITH THE NATURE CONSERVANCY, RE: LAND ACQUISITIONS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize the County Manager or designee to execute Amendments to the Option Agreements with The Nature Conservancy for the sole purpose of providing an extension of time for property closings. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF FACILITIES MANAGEMENT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to acknowledge receipt of the internal audit of Facilities Management. Motion carried and ordered unanimously.

APPROVAL, RE: COMMUNITY CULTURAL GRANTS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve payment of grants as recommended by the Brevard County Community Cultural Grants Panel on October 23, 1998 as follows: $7,377 to Surfside Players, Inc., $2,951 to Melbourne Municipal Band, $8,607 for Brevard Symphony Orchestra, $7,377 to Henegar Center for the Arts, $3,688 to Melbourne Art Festival, $5,164 to Very Special Arts Florida-Brevard, $8,607 to Cocoa Village Playhouse, $11,065 to Brevard Museum of Art and Science, $4,918 to Brevard Museum of History and Science, $2,951 to Space Coast Pops, Inc., $4,918 to WFIT-FM, and $7,377 to Titusville Playhouse, Inc. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

ANNOUNCEMENT, RE: PARADE

Commissioner O'Brien announced there will be a parade for the STS mission with Senator John Glenn on Friday, December 11, 1998; described the route; and stated he will be driving one of the Corvettes with the Mission Commander.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Minutes of the September 8, 1998 Special Meeting and September 29, 1998 Regular Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN REPLAT OF SECTION 17, INDIAN RIVER PARK - DWAYNE WHITE

Chairman Scarborough called for the public hearing to consider a resolution vacating right-of-way in Replat of Section 17, Indian River Park as petitioned by Dwayne White.

Chairman Scarborough inquired if there have been any more comments since the last update; with staff responding no.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating right-of-way in Replat of Section 17, Indian River Park as petitioned by Dwayne White. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN FAWN LAKE PUD, PHASE 2 - JERRY M. AND SHERRILL J. HOLLEY

Chairman Scarborough called for the public hearing to consider a resolution to vacate public utility easements in Fawn Lake PUD, Phase 2 as petitioned by Jerry M. and Sherrill J. Holley.

Commissioner Voltz stated the item is in Chairman Scarborough's District; and inquired if he has a problem with it. Chairman Scarborough stated he does not have a problem. Commissioner Higgs stated there was an objection from the Water Resources Department to the northwest ten feet from Sparrowhawk Trail. Assistant Public Works Director Ed Washburn advised that has been taken care of.

There being no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution vacating public utility easements in Fawn Lake PUD, Phase 2 as petitioned by Jerry M. and Sherrill J. Holley. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC DRAINAGE EASEMENTS IN FENNER WOODS - S. PHILLIP AND GEORGEANNA L. TURNER

Chairman Scarborough called for the public hearing to consider a resolution to vacate public drainage easements in Fenner Woods as petitioned by S. Phillip and Georgeanna L. Turner.

Motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating public drainage easements in Fenner Woods as petitioned by S. Phillip and Georgeanna L. Turner.

Commissioner Higgs inquired about the objection from Florida Power & Light; with Assistant Public Works Director Ed Washburn responding the vacating is less and except the easterly 20 feet; and the legal description reflects that.

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

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PALMETTO AVENUE - RAYMOND GANOE

Chairman Scarborough called for the public hearing to consider resolution vacating portion of Palmetto Avenue as petitioned by Raymond Ganoe.

Commissioner O'Brien stated the Merritt Island Redevelopment Agency supports this request, and has offered assistance with the landscaping design and permitting process; and inquired if there are any objections. Assistant Public Works Director Ed Washburn requested the vacating include "subject to the necessary easements for Florida Power & Light and City Gas."

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating portion of Palmetto Avenue as petitioned by Raymond Ganoe, subject to necessary easements for Florida Power & Light and City Gas.

Commissioner Higgs stated Land Development objected because of the intersection; Water Resources objected because there is a force main in the right-of-way; and inquired if those have been dealt with. Mr. Washburn stated Water Resources does not have a problem as the water line is not in that location; and FDOT, which has jurisdiction over SR 520 and Courtenay Parkway at the location, does not object. Commissioner O'Brien described the problem with the Ray's Tires property at the corner of SR 520 and SR 3. Commissioner Higgs inquired about the City Gas objection; with Mr. Washburn reiterating his recommendation to approve the vacating subject to the necessary easement. Commissioner Higgs inquired if all objections are covered; with Mr. Washburn responding affirmatively.

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT IN VILLA DE PALMAS, SYKES COVE SECTION II - DALE A. AND LINDA E. BURTON

Chairman Scarborough called for the public hearing to consider resolution vacating public utility and drainage easement in Villa De Palmas, Sykes Cove Section II as petitioned by Dale A. and Linda E. Burton.

Commissioner O'Brien stated the house encroaches into the easement by three inches; and the petitioner is asking to vacate one foot of the easement.

There being no objections, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easement in Villa De Palmas, Sykes Cove Section II as petitioned by Dale A. and Linda E. Burton. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RE-USE WATERLINE EASEMENT IN SECTION 11, TOWNSHIP 26S., RANGE 36E. - WATER RESOURCES DEPARTMENT

Chairman Scarborough called for the public hearing to consider resolution vacating re-use waterline easement in Section 11, Township 26S, Range 36E, as petitioned by the Water Resources Department.

There being no comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating re-use waterline easement in Section 11, Township 26S, Range 36E, as petitioned by the Water Resources Department. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENTS IN HIGHLAND ESTATES - DONALD AND WILMA MANNING AND BENJAMIN AND HELEN SLAUGHTER

Chairman Scarborough called for the public hearing to consider resolution vacating drainage easements in Highland Estates as petitioned by Donald and Wilma Manning and Benjamin and Helen Slaughter.

Commissioner Voltz inquired about waiving the vacating fee; with Assistant Public Works Director Ed Washburn responding the County initiated the action.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating drainage easements in Highland Estates as petitioned by Donald and Wilma Manning and Benjamin and Helen Slaughter. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC DRAINAGE EASEMENT IN RIVER WOOD ESTATES, PHASE 2 - PAUL D. AND LORI D. ABBOTT

Chairman Scarborough called for the public hearing to consider a resolution vacating drainage easement in River Wood Estates, Phase 2 as petitioned by Paul D. and Lori D. Abbott.

There being no comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating drainage easement in River Wood Estates, Phase 2 as petitioned by Paul D. and Lori D. Abbott. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY AND PUBLIC UTILITY AND DRAINAGE EASEMENTS IN VIERA TRACTS SS AND RR, AND VIERA SOUTH PUD, TRACTS MM AND QQ - THE VIERA COMPANY

Chairman Scarborough called for the public hearing to consider a resolution vacating right-of-way and public utility and drainage easements in Viera Tracts SS and RR, and Viera South PUD, Tracts MM and QQ as petitioned by The Viera Company.

Commissioner Carlson inquired if the issues with the City of Cocoa's utilities have been resolved; with Assistant Public Works Director Ed Washburn responding the County has the easement, and it has been reviewed by the County Attorney's Office. Commissioner Carlson inquired if the County has the easement for land acquisition; with Mr. Washburn responding yes. Commissioner Carlson inquired about the objections of Gwen Heller of Land Development; with Mr. Washburn responding it is taken care of by the easement. Commissioner Carlson inquired about the Water Resources Department providing a sanitary sewer easement; with Mr. Washburn responding that is the whole easement.

There being no further comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating right-of-way and public utility and drainage easements in Viera Tracts SS and RR, and Viera South PUD, Tracts MM and QQ as petitioned by The Viera Company. Motion carried and ordered unanimously.

DISCUSSION, RE: UPDATED LIST OF OBJECTIONS

Commissioner Voltz stated if there are objections to vacatings, the Board has to assume they have not been taken care of; and requested staff send information about which objections have been addressed and resolved, so the Board does not have to ask questions. Chairman Scarborough suggested staff provide an updated copy at the meeting. Assistant Public Works Director Ed Washburn responded staff can address that. Commissioner O'Brien stated the Board policy has been that all information should be to the Commissioners by noon on Friday, and hopefully this will not happen again. Chairman Scarborough stated staff is constantly working on getting rid of the objections; and even at 5:00 p.m. on Monday, objections are being deleted which makes it easier on the Board. Commissioner O'Brien stated it could be moved to the next Agenda. Chairman Scarborough stated he does not have a problem. Mr. Washburn advised some are time sensitive, and staff will do its best to get them to the Board in a timely fashion. Chairman Scarborough stated if the objection is still outstanding, he would prefer to continue it; but if the objections are cleared up, staff can indicate that. Commissioner Voltz stated usually there are only one or two in an Agenda package, but she would prefer to know ahead of time whether there are objections.

STAFF DIRECTION, RE: WATERFOWL HUNTING PROGRAM AT PINE ISLAND CONSERVATION AREA

Commissioner O'Brien stated duck hunting has been going on in the Pine Island area for approximately 50 years; some of the duck blinds were built 30 to 40 years ago; and although the newspaper said that bullets were whizzing by houses, duck hunters use shotguns, so the bullets come from large caliber rifles. He advised of the dangers with higher caliber rifles; stated there are some solutions; and one solution being proposed is for a group of the hunters to patrol the area to make sure the unlawful shooters will be removed from the area, making it a safer place. He stated there are three different ways of approaching the problem; one is to let the Friends of the Pines have jurisdiction over the area; the second is to let Florida Fish and Game Commission have jurisdiction over the area; and the third is to leave it as is.

Commissioner Voltz stated she thought there were no homes in that area; with Commissioner O'Brien responding there are some mobile homes on the northern end, and there are homes on the east side of Pine Island, but a lot of it is undeveloped. Commissioner Voltz stated she thought the part they were talking about hunting on was the part the County purchased for the EELs Program; with Commissioner O'Brien responding it is. Commissioner Voltz stated on that property, there are no homes; with Commissioner O'Brien agreeing there are no homes there. Commissioner O'Brien stated the hunting takes place on the far western side of Pine Island; the Board has to look at the kinds of weapons being used; and a shotgun has a very short range versus a bullet that can go for miles and do some major damage.

Ronald Penn inquired if Commissioner O'Brien was going to read the letter from the homeowners association prior to the speakers; with Commissioner O'Brien responding no, the Commissioners do not read letters into the record. Mr. Penn advised of the proximity of his house to Pine Island; and stated he does not represent his entire neighborhood, but some of his neighbors share his views. He stated the country was started as an agrarian society where hunting was a way of supplementing what was grown; so hunting is as American as apple pie. He advised of different kinds of hunting and the weapons used; and stated in general hunters take safety into consideration. He stated he was told there has been waterfowl hunting in the Pine Island area for the last 50 years; his house was built there 13 years ago; and westward and northward from the corner of Briar Oak and Pine Island Road, which is approximately one and one-half miles from the hunting camp, there are 61 houses that can be seen from the road. He stated 50 years ago there probably were not more than two or three houses within a one and one-half mile radius of the hunting camp; but there were approximately 40 houses when he built his house 13 years ago. He stated a single shotgun can be heard easily at a one-half to three-quarters of a mile; twenty shotguns being fired can be heard at one and one-half miles; and advised of the noise problems and problems with lost dogs in the area. He stated there are enough areas open for water fowl hunting, that are not in the vicinity of communities that Pine Island does not need to be added to other public lands for this purpose; and requested the Board disapprove any kind of hunting on the land purchased for the Pine Island Conservation Area.

Roger Dobson stated he has been hunting in the Pine Island area for the past 25 to 30 years with a group of 25 people; and they would like to continue that. He stated they have been working with staff on arrangements where they could provide security and call for arrest of those people using high-powered rifles. He stated they only use shotguns; they are more than a mile from the nearest house; there is going to be hunting in the area; and the issue is whether it is going to be controlled or not controlled. He noted when he was a Commissioner he received a lot of calls concerning the high-powered rifles; and his group is offering to patrol the area on a year-round basis, and maintain the locks and gates to control the dumping and prevent poaching. He stated he has a number of letters from people in the area who support the group; and the group thinks its proposal is the best because the County and the Sheriff cannot supply the manpower due to prohibitive cost. He stated the area is over 800 acres; there is easy access from the river and the mainland; and his group can patrol on a year-round basis. He stated the group knows the property; it provided the service in the past for the previous landowner before the County purchased the property; and part of the proposal is to establish a handicap duck hunt. He requested the group be allowed to provide the service and prove itself; and it is in the best interest of the homeowners. He submitted copies of letters.

Mark Geiger advised of the location of his property; stated for the past ten years the Pine Island area has been going through a transition from people dumping, shooting and using four-wheel drive vehicles; and when Pine Island Road was closed off with a large barricade, it stopped a lot of that activity. He stated after that happened they found out the Board purchased the land for a nature sanctuary which they thought was an excellent idea; they thought the gunfire would stop; the idea of a nature sanctuary is to preserve nature; it is contradictory to have hunting on a nature sanctuary; and he is against any type of hunting on a sanctuary which was paid for by taxpayers.

Michael Matthias, representing the Sheriff's Department and the hunting club, stated the large gate was built in conjunction with the County and the organization; and it is a duplicate of the gate the group provided on the north end of the property. He stated he has worked on Merritt Island for 17 years as a Deputy Sheriff; and whatever is done today will not stop the duck hunting in that area because there is property north that is legally owned which is used for duck hunting, and it is also legal to hunt on the shoreline of the river. He stated the duck blinds where they hunt are less than 50 yards from the river; at a mile distance, there will not be a difference in the noise; and the group is proposing an aggressive effort to get rid of the problem areas such as the high-powered rifle shooting, and gator and hog poaching. He advised in the past he worked with the Agriculture and Marine agents, and they made numerous arrests on the property; but in the past year, this has not been done. He stated he has discussed this with the Sheriff; they do not have the manpower to patrol the property as it should be patrolled without assigning off-duty deputies at a high cost to the County; the organization is made up of many members of law enforcement; and they are willing to patrol the property at their own expense and time. He stated, if this is approved, they will arrest anyone found on the property violating laws; and if there was publicity that this was being aggressively patrolled, it would put a stop to the problems the people are having. He noted he has seen houses hit by high-powered rifle rounds; he knows the problems the people have; and a joint effort between the organization and the County will be the best way to handle the situation. He stated if they pool their resources, it will allow tax dollars to be spent somewhere else rather than paying off-duty deputies to patrol. He stated the groups that duck hunt do so with shotguns; it has been a policy of his group that each year every hunter signs a letter agreeing if they are caught with a rifle, they will be expelled from the club; and they understood the need for this because of the residences.

Jerry Hudepohl stated he has been affiliated with the security of the property on Pine Island through the past two owners going back to the middle 1960's; and advised Mr. Mathias spoke to the Merritt Island Homeowners Association last night, which has given its support to the group. He read aloud a letter from James Black giving a history of the area including traffic problems, attempts to secure the property, and the success of the Pine Island Duck Hunters Association, in collaboration with the County and the Sheriff's Department, in securing the property. He stated the Pine Island Preserve needs many friends to achieve the maximum benefits for all; it is imperative to maintain the proposed services of the Pine Island Duck Hunters Association to control and protect the area; and there are letters from Mrs. Wright, Florida Fish and Game Commission, the Lieutenant in charge of the area, and Sheriff Williams supporting the proposed action. He stated if something is not done to control the property, there will be hunting regardless, but there will also be trespassers and everything else. He stated the Pine Island Duck Hunters Association has developed a reputation for taking care of the property, enforcing the laws, and having violators arrested; if it is not done, it will be like King's Park; and outlined problems at King's Park. He stated the Pine Island Duck Hunters Association can hold up its end of the bargain.

Commissioner O'Brien stated Pine Island is on North Merritt Island; it is one of the best purchases made under the EELs Program; and it was a joint venture with the St. Johns River Water Management District to preserve the environmentally sensitive lands. He stated 61 homes are within one and one-half miles; the range of a shotgun is probably not more than a quarter-mile; duck hunting is a very limited season; and he does not know why anyone would let a hunting dog run wild, so the dogs in the area probably do not belong to the hunters. He stated the locks into Pine Island must be controlled; there are people who willfully cut the locks; and the County does not have the manpower to replace the locks, fix the gate, etc.; but the Pine Island Duck Hunters Association is volunteering to do that. He stated most of the members of the group are law enforcement officers; they have the authority to control poaching of alligators, wild pigs, and ducks; and the poachers are using high-powered rifles which must be controlled for public safety. He stated the use of high-powered rifles could be severely curtailed; this is a safety issue; and the Pine Island Preserve needs friends at this time to achieve the maximum results. He stated it is necessary to change the ways things are done to make things work; ongoing problems can be curtailed; and this is a way of pooling resources. He stated Fish and Game does not have the manpower required to do the job; but it provided suggestions for promoting a high quality, safe hunt, if the County decides to allow hunting this year; and the Duck Hunters Association can meet with Fish and Game to come up with a plan which can be instituted and supervised. He stated the group can eliminate target shooters, illegal dumpers, and poachers because many of the members are law enforcement officers; and requested the Board try an experiment for one year. He stated the North Merritt Island Homeowners Association said it had no particular objection to duck hunting as long as it is controlled and limited, and if a special arrangement with a private organization is agreed upon, it should be for a specific trial period not to exceed one year. He stated the group will be a positive measure for the entire area; and he would like to try it for a one-year period.

Commissioner Carlson inquired how security would be handled; and will the County being giving over security responsibility to this group. Mr. Mathias responded the proposal is to patrol the property 365 days a year; during the hunting season members will be up there in force; the rest of the time two to three members will be assigned to it; and there will be written reports. He reiterated the plan is to patrol year-round, not just during the 60-day duck season. Commissioner Carlson inquired if the area will be open to the public at large; with Assistant Parks and Recreation Director Jack Masson responding yes. Commissioner Carlson inquired if this will set a precedent for other hunting groups to ask for hunting privileges on other EEL properties; with EEL Coordinator Ann Birch responding it is always an issue, but it has not been raised yet.

Commissioner Higgs stated her initial reaction of hunting on EEL property was negative; but in thinking about the diversity of use on many EEL properties, she is willing to consider the possibility of a limited hunting option on this property on a trial basis. She stated she can only support it if it is very controlled and available to all citizens in a lottery type program; and expressed concern about the appearance of fairness in allowing a particular group to have a right not enjoyed by everyone. She recommended a lottery system, a two-day a week hunt, and maximum of 20 people; stated the $10 fee is too low and should be approximately $50 a day; and it would only be from the period when it could be fairly implemented through January 19, and for duck hunting only. She stated the Board cannot open a County area and not have it available to everyone; and by having a substantial fee, those who want to hunt may submit, and the revenues from the fees could support adequate enforcement. She stated there should be a shotgun only process on the property; and inquired if the Board can enact that by law or are there additional enforcement provisions that could be done.

Commissioner O'Brien stated $50 is not fair because there is a three-duck limit per day; and the same people volunteered many hours to protect the area. Commissioner Higgs stated she cannot agree to having it only open to a special group, but could agree to it being open at a reasonable fee; and $50 may be high, but $10 is ridiculous.

Commissioner Voltz inquired if the Board approves Option 1, will no one else be allowed to hunt except the group. Mr. Dobson responded in order to maintain year-round security, 25 to 30 people have to be involved; they are proposing that their group be allowed to use Pine Island Creek at the north end of the property, which is approximately 55 acres out of 800 acres, and the south end be opened to the general public; and they have offered to maintain the lottery system. He stated that kind of manpower is needed to provide the service on a year-round basis; otherwise, the group is not willing to do it. He stated the group is spending money and volunteering hours; they do not want to pay $10; and he is sure they will not pay $50. He stated they are proposing to open the south end of the property to the public; and the group will maintain the gates when the people come in on a lottery basis. Commissioner Voltz inquired if the group will be able to hunt all year long; with Mr. Dobson responding it is just a 60-day season. Commissioner Voltz stated $50 is outrageous; $10 a day is fine; right now there is a problem with enforcement; and if this group is willing to do it, she does not know why the Board would not support it for a one-year trial.

Commissioner O'Brien stated during the year, there may be a need to tweak it a bit to make it more accessible to the public; but unless the Board tries it, there will be no way to know if it will work; and the problems in the area are so severe they endanger the lives of people around the property due to lack of enforcement. He stated this is a method to get good enforcement. make the lives of people in the area safer, and open the park to the public; and this is a way of preserving a way of life in the County while protecting the lives and property of people.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Option 1, to allow the Pine Island Wildlife Refuge Association to incorporate as a non-profit organization to provide year-round security on site at the Pine Island Conservation Area and maintenance of the existing duck blinds in the north ponds, the boat ramp and road to the boat ramp; and allow the organization members to continue hunting on site with certain scheduling considerations, with the site to be open to the public for hunting.

Commissioner Higgs stated she cannot support Option 1 which would give an exclusive right to one group of citizens and does not give the same right to other citizens; and she cannot support the County delegating the enforcement to a private group. She stated the County has a responsibility and liability to insure that safety is the first priority on the land; and she cannot agree with Option 1, but is willing to discuss the land being used for hunting, without exclusive agreement with a group of citizens.

Commissioner Carlson stated there is nothing that would preclude people from joining the organization; and suggested having a formal contract with the people who would be providing security to allow them to hunt without a fee, and the rest would be put into a lottery. Mr. Dobson stated it would be acceptable that those who are providing the services on a year-round basis would be allowed to hunt free, and those who are applying under the lottery system would pay a fee. Commissioner Carlson stated she agrees $10 may be too low, and $50 is too high, but $25 is right in the middle.

Commissioner O'Brien amended his motion to provide for a $25 fee. Commissioner Voltz suggested it be amended to $20. Commissioner O'Brien amended his motion to provide for a $20 fee; and Commissioner Voltz accepted the amendment.

Commissioner Voltz inquired if there is another group willing to do what the Pine Island Wildlife Refuge Association has pledged to do; with Mr. Dobson responding no. Commissioner Voltz inquired about the arresting powers; with County Manager Tom Jenkins advising the law enforcement officers who belong to the club would have arresting powers.

Chairman Scarborough stated he will be voting against the motion because it violates the law and the spirit of EELs acquisition. Commissioner Higgs inquired if Chairman Scarborough is concerned about any hunting. Chairman Scarborough responded there is hunting out there; but what the Board is entering into with an organization is dangerous; all of the dangers have not been addressed; and outlined potential dangers. He stated this is government-owned property under exclusive control; and the group will have off-duty law enforcement officers arresting and monitoring which scares him. He stated the Board needs to extract itself from any arrangements with any organizations and talk about hunting as an item alone.

Commissioner Voltz stated people will hunt illegally anyway. Chairman Scarborough stated as soon as government enters into these arrangements, it will assume certain liabilities and responsibilities; there are agreements with the State and with the Bond Counsel as well as understanding with the public; and the Board should not take this risk. Commissioner Voltz suggested the County Attorney address this. Chairman Scarborough stated there can be hunting, but not with a private club being the monitor. County Attorney Scott Knox stated this is a gray area legally; the EELs covenants and bond issue require public participation which could be covered by having a lottery system to allow the public; the Statutes allow lease to non-profit organizations to provide a service which seems to be covered, in his opinion; but the Bond Counsel does not agree with his opinion. He stated his major concern is the liability issue; a group of off-duty law enforcement officers will be enforcing the laws; if something goes wrong, the County has a $100,000 cap on its liability under the General Law, but no cap under the Civil Rights Act; and that is something everyone has to think about including the State and the Sheriff's Department. Chairman Scarborough suggested discussing whether there should be hunting in the area independent of any agreement with a private non-profit club; and stated the more he listened to the discussion, the more frightened he became. Commissioner O'Brien stated one of the positive aspects will be good community control of the property; too many houses have been shot; the Sheriff does not patrol the area; and Fish and Game is not the one to do it. He stated he is trying to find a solution; and something like this will change the way the County does business and open the southern part of the property. Chairman Scarborough stated an example is a young person died in a swimming pool in his District this summer; and inquired if Commissioner O'Brien would be comfortable having pool lifeguard services provided by a private club; with Commissioner O'Brien responding if the County privatized the pool. Chairman Scarborough stated for what the County would be acquiring, it is biting off so much liability that it is unthinkable. Commissioner O'Brien inquired what would happen if there was a contract with the association giving it $1 a year; with Chairman Scarborough responding he does not want them involved at all. Chairman Scarborough stated the liability is there; the County should have the best patrol it can; and if the County gets burnt by this, that amount will far exceed any savings. He inquired how will they know the deputies are out there; and stated it is not going to work, and will have the potential of being one of the most dangerous things the County has entered into.

Commissioner Voltz stated the issue is safety for the homeowners. Chairman Scarborough stated it goes beyond that. Commissioner Voltz stated people are going to hunt; and the County is going to have to do something about it. She stated she does not know that the Sheriff will patrol; but the Board needs to address whatever is necessary to take care of that problem. She stated the Agenda item does not address that issue; it only addresses the potential contract; and the Board should address the safety issue under another Agenda item. Chairman Scarborough outlined the three options; stated he is not concerned with the hunting issue, but the County has a greater responsibility than to turn it over to a non-profit organization; and if the Board decides to proceed, he will meet with Ron Hight to see how he would staff and manage. He stated the Board needs to look at another option; with Commissioner Voltz advising after listening to the legal ramifications, she agrees.

Commissioner O'Brien withdrew the motion at the request of the Chairman.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to table consideration of waterfowl hunting program at the Pine Island Conservation Area; and direct staff to report to the Board, after discussion with Ron Hight of the Merritt Island Wildlife Refuge, on how such hunting program can be administered by the County, including costs of similar operations and adequate security.

Commissioner Higgs stated she can support that motion; and inquired if staff is ready to report now. Ms. Birch stated she does not have any formal recommendations from Ron Hight; but she has recommendations from the Game and Fish Commission, and policies and procedures have been established which mirror what the Game and Fish Commission has on its sites. Chairman Scarborough expressed desire to talk to Mr. Hight.

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

Mr. Jenkins stated the report can come to the Board on January 15, 1999.

The meeting recessed at 10:24 a.m. and reconvened at 10:34 a.m.

DISCUSSION AND APPROVAL, RE: MELBOURNE BEACH LIBRARY

Melbourne Beach Mayor Bob Wille introduced Town Attorney Paul Gougelman, Commissioners Brad Betton and Bill Stacey, and Town Manager Nancy Ciummo. He stated the Town held a public hearing to discuss the library issue; the Board is aware of the history of the location where the library is proposed; and there is an opportunity for the Town of Melbourne Beach and the County to resolve the need for a library in the community. He stated Melbourne Beach is the oldest beach community in the County; the residents have been paying library taxes; and it is their turn to have a library in the Melbourne Beach area. He stated they recognize there are fiscal responsibilities for the Town and the County; the property is expensive; and proposed working with the Board to share the financial burden for acquisition of the land. He suggested having staff work together on an interlocal agreement where the Town and County could jointly acquire the land for a future library.

Chairman Scarborough inquired if the Town would go to referendum on the matching money; with Mr. Wille responding affirmatively.

Commissioner O'Brien stated if he can help get grant funding, he would be willing to work with the Town on that; and advised of his experience with grants. Mr. Wille advised Commissioner Higgs has made inquiries. Commissioner Higgs stated in order to apply for the grant funding for the building, it is necessary to have the property and initial drawings that give an indication of what is going to be done; this is the first step; and the Friends of the Library will aggressively raise money for the project.

Commissioner Voltz stated Cocoa Beach raised a lot of money for its library; and if it can do it, then Melbourne Beach can do the same thing.

Amy Adams, representing the Friends of the Library, spoke in support of the Melbourne Beach Library, and advised of support of Melbourne Beach Jaycees and Gemini PTA.

Debi Raymond, representing Friends of Melbourne Beach, advised petitions have been submitted; and the Town is ready to move on this issue.

Sue Simoes, representing BIPPA, stated they are totally committed to helping the Town of Melbourne Beach and the County in support of the library; and the funding will be there.

Howard Doane expressed opposition to the proposed site due to traffic congestion, children having to cross in heavy traffic with no traffic light, and high noise. He stated operational costs for the library will be borne by the County; he paid $250 in library tax this year; the best possible site should be chosen; and there are better sites in Melbourne Beach than the one proposed.

Nick Telemachos stated he is the owner of the land being considered for the library; he purchased the land over a period of ten years from 1970 to 1980; and he developed it at a cost of $1.5 million. He stated governmental buildings such as public libraries should be centrally located; and there is no better location for a library on the South Beaches than the proposed location. He state 100% of the population that lives south of Ocean Avenue, if they go north, must pass the location; and advised of various calls urging him to only sell the property for a library.

Chairman Scarborough stated if a site is chosen that is not popular, it will put an additional burden on the referendum passing; and encouraged the Town to give consideration to all possible sites; with Mr. Wille agreeing. Mr. Wille stated Melbourne Beach is a small, mature community, and there are few other sites other than parks that could accommodate such a facility. Chairman Scarborough suggested entering into an interlocal agreement for a non-site specific and matching funds for acquisition up to $495,000; and stated if something else comes along, it will not have to come back to be readdressed. Commissioner Higgs stated they spent a lot of time looking at other sites and talking about other possibilities; it is the intent of the Town Commission to talk to the citizens to request concurrence or non-concurrence on the proposed site through a referendum; and part of the discussion will be about the other option. She stated if the decision is that this is not what the people want to do, then it would come back to the Board; and it will have to be an informed decision based on what options are available.

Commissioner Voltz stated when the library is built, there will need to be a traffic light so people will be able to cross the road.

Commissioner Higgs stated how the traffic will be accommodated will have to be looked at in the preliminary site designs; dealing with that issue has been a key concern; and whether the best way to handle it is with a light is a decision for the County, Town, and DOT to deal with. Mr. Wille stated there is an ongoing mobility study; and they are cognizant of the issues Mr. Doane has shown concern about. He stated whatever is done will be fully discussed by the community to address the specific needs for the children; Melbourne Beach is a pedestrian community; and the Town wants to protect that.

Commissioner Voltz stated this issue came up because there was intent to put a 7-Eleven store on the site; and rather than have a convenience store, a library will be there; and she does not have a problem with that. Mr. Wille stated there was a linkage, but it is gone. Commissioner Voltz expressed concern about safety at the intersection; with Mr. Wille responding they have hired professional traffic engineers and designers to help with traffic. Commissioner Voltz inquired if that was with the understanding there would be a library there; with Mr. Wille responding affirmatively.

Chairman Scarborough inquired if this will impact Suntree Library; with Interim Library Director Cathy Schweinsberg responding no.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve an allocation of $495,000 in Library funding, for a library in Melbourne Beach, contingent upon a match from the Town of Melbourne Beach. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to work with the Town of Melbourne Beach on an interlocal agreement and to meet with the owner of the property to obtain an appropriate contract. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN INDIAN RIVER GROVES AND GARDENS - HUGH EVANS, JR.

Chairman Scarborough called for the public hearing to consider a resolution vacating rights-of-way in Indian River Groves and Gardens as petitioned by Hugh Evans, Jr.

Commissioner Voltz stated she spoke to the owner about allowing the County to have the frontage for when John Rodes Boulevard is widened; and inquired if staff has worked out anything with Mr. Evans. Assistant Public Works Director Ed Washburn responded Mr. Evans would like to continue the public hearing to December 15, 1998 to obtain additional information.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to continue the public hearing to consider resolution vacating rights-of-way in Indian River Groves and Gardens as petitioned by Hugh Evans, Jr. to December 15, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING JUDY KAY ROAD PAVING MUNICIPAL SERVICE BENEFIT UNIT (MSBU)

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt an ordinance of Brevard County, Florida; creating the Judy Kay Road Paving Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 21, Article Iv, and Ordinance 97-07, entitled "Municipal Service Benefit Units"; to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date.

Stephen Fowler and Wayne Mellish expressed opposition to the paving of Judy Kay Road.

Commissioner Higgs stated she had not heard objections to this paving, although there were objections to the Farnsworth Avenue paving; staff has set up a meeting with the people on Farnsworth Avenue; and she has no problem continuing this item to allow a chance to meet with the people. She stated there are some issues that the Board will have to look at if the ordinances are not adopted, because building permits were issued based on the MSBU; all the residents have signed; but she is willing to talk to people to hear their issues.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue the public hearing to consider an ordinance creating the Judy Kay Avenue Road Paving MSBU to December 15, 1998. Motion carried and ordered unanimously.

Commissioner Higgs stated she would set up a meeting to go over this with the Judy Kay Road residents to give them an opportunity to air their concerns.

PUBLIC HEARING, RE: ORDINANCE CREATING FARNSWORTH AVENUE ROAD PAVING MUNICIPAL SERVICE BENEFIT UNIT (MSBU)

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue the public hearing to consider an ordinance creating the Farnsworth Avenue Road Paving MSBU to December 15, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 210-1, LIGHTING OF TOWERS AND ANTENNAS

Chairman Scarborough called for the public hearing to consider an ordinance amending Section 210-10, Lighting of Towers and Antennas.

Denis Kermicle expressed concern about the environmental impact of the proposed ordinance and the number of artificially lighted structures that are becoming part of the landscape. He stated the ordinance represents a compromise involving competing interests; on one hand Mosquito Control is trying to serve the interests of the County residents; and on the other side are environmental interests involving all the citizens of the County. He stated the Mosquito Control Department is attempting to take the benefit and pass the cost to the community; it would be justifiable if the added environmental costs were outweighed by the benefits; but in this case it is not justifiable. He stated it is incumbent on the Mosquito Control Department to insure the ordinance meets the criteria, that the problem is real enough to justify the intended action, that the proposed ordinance imposes the minimum cost to the community consistent with obtaining a solution to the problem, and that the solution in the ordinance is workable and solves the problem; and elaborated on each issue. He stated a false sense of safety is often worse than working with the full knowledge of the dangers involved; and when a tower height drops from 200 feet to 60 feet, the capital expense drops as well as the reliability of ancillary equipment and its maintenance. He stated the proposed ordinance falls short of meeting the three criteria; and urged the Board to send the ordinance back to the Mosquito Control Department for further consideration.

Curt Lorenc stated years ago the FCC realized that some of the counties and municipalities were enacting restrictive ordinances against amateur radio towers and satellite dishes; it came out with a ruling that pre-empted local zoning and ruling; and most of the states put into effect the same ruling as the federal government which provides that things can be done for health, safety, and aesthetics, but the amateur radio operators must be reasonably accommodated. He stated asking an amateur radio operator to spend $2,000 to $5,000 to light his tower will not pass the test to reasonably accommodate; and commented on problems brought about by lighting in residential neighborhoods. He noted there are four species of trees that are in excess of 100 feet, but the County is not requiring them to be lighted; and advised of case law where federal law pre-empted local law. He requested the Board work something out to exempt amateur radio operators; and stated typically other counties have provided that exemption.

Mosquito Control Director Jim Hunt stated the ordinance is proposed for the safety of the Mosquito Control pilots; there have already been three near misses with towers; and he is talking about communication towers for cellular phones, beepers, etc. He stated they are trying to minimize danger to the pilots by requiring towers to have lights.

Chairman Scarborough stated the issue was not amateur radios; with Mr. Hunt responding they can be exempted as they are no problem.

Commissioner Higgs inquired if radar or other equipment could be put into the planes which could take care of the problem of identifying where towers are; with Mr. Hunt responding radar will not work at 200 feet and below, and he knows of no infrared system.

Commissioner Voltz inquired about other towers; and stated if the purpose is the safety of the pilots, everything should be addressed. Mr. Hunt stated 99% of all towers that are going to be constructed are going to be communication towers, which is what the ordinance designates. Commissioner Voltz inquired what is the difference between the two towers if they are both the same height; with Mr. Hunt responding HAM radio operators have their towers right next to their houses, and operations will not be over the houses; but communication towers are away from residential areas where Mosquito Control does a lot of its low level work. Commissioner Voltz inquired how are trees addressed; with Mr. Hunt responding the low-level activities are done during the day. Assistant County Manager Peggy Busacca stated trees grow slowly, and people become accustomed to where they are; however, towers suddenly appear and pilots suddenly have a new obstacle.

Commissioner O'Brien commented on the number of towers visible as you leave the Government Center; and stated more towers are coming. He stated he understands the safety part of it, but he is concerned the County is losing the battle as far as aesthetics; and advised of towers with blinking white lights. He stated he does not want to see lights on every 60-foot tower although he understands why it has to be done; but to put double lights on towers over 100 feet is not necessary. He stated if something is not done to slow the process down, within ten years, Brevard County is going to look like a big red blinking Christmas tree all year long; and it is going to be terrible.

County Attorney Scott Knox stated he does not have a problem with exempting HAM radio operators. Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Ordinance of Brevard County, Florida amending Section 210-1, Code of Ordinances of Brevard County, Florida relating to structures sixty (60) feet or greater in height; providing for antenna and tower lighting on any antenna or tower, except where specifically exempted; providing for violations and enforcement; providing for conflicting provisions; providing for severability; providing for an effective date as amended to exempt HAM radio operators' towers.

Commissioner Voltz stated if a new HAM radio tower goes up near a residential area, the pilots would still not be used to see it; and inquired if that would be a problem. Mr. Hunt responded it would be a problem, but most residential areas are in incorporated areas, and staff is working with the municipalities. Commissioner Voltz requested staff address the issue that came up at the zoning meeting concerning lighting. Ms. Busacca stated the first sentence on page two say, "when lighting on a tower which is less than 200 feet tall is required by this Section, the tower shall be considered as if it were an unlighted tower for the purposes of Section 62-1953"; and that is the section which was discussed at the zoning meeting. She stated that means there are certain requirements that determine when a conditional use permit is required and when it is not; and they are saying that if the FAA requires the tower to be lighted, it will fall under one provision of Chapter 62, and if it is required to be lighted only by the ordinance, then it will fall under another provision, and the County will consider it to be unlighted in the case of the Zoning Code. Mr. Jenkins stated the change is less demanding than the current language which requires all structures 60 feet or greater in height to obtain a permit from the Mosquito Control Director; and the new language limits it to towers; so it is less restrictive.

Vice Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously. (See page for Ordinance No. 98-60.) Vice Chairman Higgs passed the gavel to Chairman Scarborough.

PUBLIC HEARING, RE: REQUEST OF ROBERT AND THERESA MOWRY FOR VARIANCE TO COASTAL SETBACK LINE IN SOUTH BEACHES

Chairman Scarborough called for the public hearing to consider request of Robert and Theresa Mowry for variance to Coastal Setback Line in South Beaches.

Commissioner Higgs stated there is existing concrete; and inquired what is on the property. Robert Mowry stated the existing concrete is rubble; the existing home went across the Coastal Construction Line; and there is no intention of building on the existing foundation. Commissioner Higgs inquired if there is 1.8 acres; with Mr. Mowry responding affirmatively. Commissioner Higgs inquired if Mr. Mowry is not going to use the concrete, why would he have to move forward of the Coastal Construction Line when he has 1.8 acres; with Mr. Mowry responding there is an existing structure on the property that did not burn down; it is a garage; and they would like to keep it. He stated they also have two existing wells; they want to build to the Coastal Construction Line, but not cross it; and there is a home on the north which is 12 to 15 feet seaward of the Coastal Construction Line. Commissioner Higgs stated in looking at the property, she does not see any compelling reason to permit the variance; there is sufficient property; and the applicant has asked for the full 25 feet.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to deny request of Robert and Theresa Mowry for a variance to Coastal Setback Line in South Beaches. Motion carried and ordered. Commissioners Scarborough, Carlson, and Higgs voted aye; Commissioners O'Brien and Voltz voted nay.

PUBLIC HEARING, RE: REQUEST OF PRESTON AND TOBY MARKS FOR VARIANCE TO COASTAL SETBACK LINE IN SOUTH BEACHES

Chairman Scarborough called for the public hearing to consider request of Preston and Toby Marks for variance to Coastal Setback Line in South Beaches.

Preston Marks stated he understands there is a question about his ability to get water elsewhere. Commissioner Higgs stated the property is across from the South Brevard Water Co-op facility; the request is for a variance for a well; and inquired if he intends to hook up to the Co-op's water. Mr. Marks stated he is here due to necessity, not convenience; he has attempted on three occasions to get water from South Brevard Water Co-op; but since they are private organization, their bids are a minimum of $28,000, and the price keeps going up. He stated since only two of the ten lots the Co-op is offering services to are occupied, it would be prohibitive for he and the other lot owner to pay a minimum of $15,000 each; and he would like to have an arrangement where the Co-op would put the pipes in and then they would pay it off, but the Co-op is not able to do that. Commissioner Higgs inquired if there is no other place on the property to put a well; with Mr. Marks responding not to be within State regulations concerning distance from septic tanks. He stated he has had the property for two years; the DEP permits have been in existence in Tallahassee since last November; but the permit will not be issued unless the County allows a variance for the well. Commissioner Higgs inquired if all Mr. Marks is asking for is the two-inch pipe; with Mr. Marks responding yes. Mr. Marks stated there are many structures which are more intrusive to the dunes including crossovers and decks, and all he is asking for is a well so he can have water at his house. Commissioner Higgs inquired if this is the only location where the well can be placed; with Mr. Marks responding yes, to be 75 feet from a septic tank. Mr. Marks stated it used to be the policy of Natural Resources that when someone went for permitting for a septic tank, if the individual did not disclose where the well was, they did not ask any questions; but his engineer put where the well location was, and that is why he needs a variance.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to grant the request of Preston and Toby Marks for a variance of 25 feet to the Brevard County Coastal Setback Line got a well. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPROVAL OF PORTION OF 1998B COMPREHENSIVE PLAN AMENDMENT PACKAGE

Chairman Scarborough called for the public hearing to consider approval of a portion of the 1998B Comprehensive Plan Amendment package.

Commissioner O'Brien inquired about the request of Richard Torpy on behalf of the Melbourne Beach Hilton for a text change to Policy 4.10(d) in the Future Land Use Element. Commissioner Voltz stated the Board has already passed that; and it was an increase in the height to allow the Melbourne Beach Hilton to add floors.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve a portion of the 1998B Comprehensive Plan Amendment Package, specifically the Evaluation & Appraisal Report based on amendments to the Recreation And Open Space Element, Historic Preservation Element, Housing Element and the Intergovernmental Coordination Element.

Commissioner Higgs stated in the Housing Element, the Board removed language regarding Policy 3.2 which is that the Board should consider a fair housing ordinance; and read aloud the language.

Commissioner Higgs suggested the Board consider adopting and implementing a Fair Housing ordinance. County Manager Tom Jenkins stated because the Board had not taken action on it, staff deleted the item. Commissioner Higgs stated she would like to include Policy 3.2 regarding a local fair housing ordinance, leaving it in the Comprehensive Plan and then approving it consistent with Commissioner O'Brien's motion.

Chairman Scarborough inquired if Commissioner O'Brien accepts that as part of the motion; with Commissioner O'Brien responding no.

Motion by Commissioner Higgs, to include Policy 3.2 regarding a local fair housing ordinance in the Comprehensive Plan. Motion died for lack of a second.

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

AMENDMENT TO AGREEMENT WITH HARBOR CITY VOLUNTEER AMBULANCE SQUAD, INC., RE: ADDITIONAL FUNDS FOR EMPLOYEE INCREASES

Commissioner Voltz inquired if this originally came before the Board at budget time; with Public Safety Director Jack Parker responding affirmatively. Mr. Parker stated on August 4, 1998 Harbor City approached the Board to request $62,000 for increases for employees. Commissioner Voltz advised she met with the Harbor City Volunteer Ambulance Squad; she has no problem with the people getting a raise; but it was disheartening that it could not show where it would be making money over the next several years. She inquired if the Board keeps giving money to the organization, what is it doing; and stated Harbor City Volunteer Ambulance Squad does a good job, but financially is not as stable as it should be. Mr. Parker stated Harbor City Volunteer Ambulance Squad has made several requests for additional funding, and has had difficulty with operating. He noted Alan Escoffery is present to provide a more detailed response; and Harbor City Volunteer Ambulance Squad recently had very good news from Medicare concerning the return of an amount of money that was previously owed. County Manager Tom Jenkins inquired if an audit is being done; with Mr. Parker responding it is in the process now.

Commissioner Higgs inquired if there is audit information available; with Mr. Parker responding not at this time.

Commissioner O'Brien inquired when is the last time a study was prepared that compared cost to operate Harbor City Volunteer Ambulance Squad as opposed to the County operating the ambulances in that area. Mr. Parker stated approximately eight or nine months ago staff looked at that cost, and they have the rough figures; but there have been changes to the Brevard County Fire Rescue since that time; and requested time to re-prepare the document, if the Board wants it. Commissioner O'Brien inquired if the raises being proposed will put the Harbor City Volunteer Ambulance Squad on a par with County personnel; with Mr. Parker responding Harbor City Volunteer Ambulance Squad has a completely separate pay structure than Fire Rescue; and the answer would be no. Commissioner O'Brien inquired if Harbor City Volunteer Ambulance Squad employees make less or more; with Mr. Parker deferring to Mr. Escoffery.

Alan Escoffery, CEO of Harbor City Volunteer Ambulance Squad, stated he does not have the answer to the question; employees of Fire Rescue are fire certified and EMT certified or fire certified and paramedic certified while the employees of Harbor City Volunteer Ambulance Squad are either EMT's and paramedics and are not given increases for fire certification. He stated with the increase he believes employees of Harbor City Volunteer Ambulance Squad would be about the same as the County.

Chairman Scarborough stated the Board needs more information before proceeding; and inquired if the issue can be deferred until the audit is complete.

Commissioner Voltz stated it is great that Medicare paid Harbor City Volunteer Ambulance Squad its money back; a local hospital paid approximately $30,000 towards that; and inquired if the hospital will be paid back; with Mr. Escoffery responding no. Commissioner Voltz stated according to the newspaper, a hospital gave Harbor City Volunteer Ambulance Squad $30,000; with Mr. Escoffery advising Harbor City Volunteer Ambulance Squad did not get any money from the hospital; but it does have an Agreement with Holmes Regional Medical Center for interfacility transports. Commissioner Voltz advised of the details of the newspaper article.

Chairman Scarborough recommended the Board get a full report.

Motion by Commissioner Higgs, to direct staff to provide additional information on Harbor City Volunteer Ambulance Squad's request for additional funding, including comparative salary figures for Harbor City Volunteer Ambulance Squad employees and County employees, comparative staff delivery levels, and audit information.

Commissioner O'Brien stated he would like to have Commissioner Voltz's question answered; and inquired if it was Holmes Regional Hospital Board, Holmes Regional Health First Board, or Health First. Commissioner Higgs stated that should be a part of the audit.

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

The meeting recessed at 11:34 a.m. and reconvened at 11:45 a.m.

RESOLUTION, RE: CONSIDER TAX ABATEMENT APPLICATION FOR OLEANDER POWER PROJECT, L.P.

Commissioner Carlson stated she has been in contact with the people who are proposing the power plant as well as those who object, including Gwendolyn DeCort, Elliot Loyless, the Constellation Group, Craig Bock, Robert Knodel, and Fred Blanton; and distributed handouts to the Board. Commissioner Carlson stated the issue before the Board is for tax abatement; from her perspective the real issue is having the power plant in the County; and it is premature to address the tax abatement issue without learning more about the determination of public interest involved. She requested comment from staff on the zoning which is for industrial usage and temporary conditional use which is part of the current Code; and recommended staff do whatever needs to be done to upgrade the temporary conditional use status to a permanent status so if the development goes in, it will be in compliance with the Code. Assistant County Manager Peggy Busacca stated currently the Zoning Code has a conditional use permit for power plants in both IU and IU-1, but it only describes temporary uses; the current plants are in IU; and Commissioner Carlson would like to see all power plants be a conditional use in the applicable Zoning Codes. Commissioner Carlson requested the Board adopt a moratorium ordinance on the development of any power plants at the December 15, 1998 meeting so that a CUP can be added to the Code.

Chairman Scarborough inquired if Commissioner Carlson is asking for an immediate moratorium; with Commissioner Carlson responding affirmatively. County Attorney Scott Knox stated a moratorium would not be out of line; the Board can do that with a timeframe of 120 days; but the Board will need to authorize advertisement of an ordinance. Chairman Scarborough stated the Board cannot adopt a moratorium at this time, but at the next meeting, it can adopt a moratorium if today it authorizes staff to advertise. Mr. Knox advised it could also start the advertisement process on the CUP.

Motion by Commissioner Carlson, seconded for discussion by Commissioner Higgs, to authorize advertisement of a public hearing to consider an ordinance imposing a moratorium on power plants, and ordinance amending the Zoning Code to provide that all power plants require a conditional use permit in the applicable zoning classifications.

Commissioner Higgs inquired if Commissioner Carlson wants to amend the current Code to require power plants to obtain a conditional use permit. Commissioner Carlson responded this is a method to have power plants be compatible with the Code as well as provide for public input on the issue. Commissioner Higgs inquired if the property the Constellation Group is proposing to use has a CUP already; with Commissioner Carlson responding no.

Chairman Scarborough noted the only thing before the Board is the tax abatement; the Board is moving into an area that is beyond the scope of the discussion; and it should be discussed at the next meeting. Commissioner Higgs inquired if the discussion at the next meeting will be to amend the Zoning Code to create the CUP; with Commissioner Carlson responding yes, and to postpone discussion on the tax abatement until that occurs. Members of the audience expressed dissatisfaction with the postponement. Commissioner Carlson stated everyone will have an opportunity to speak; and there will be an additional opportunity at a public hearing. Chairman Scarborough stated the issue of tax abatement is on the Agenda; but even if the Board denies the tax abatement, they have the legal right to proceed with the building; and what Commissioner Carlson has suggested is having teeth in the law to stop the power plant cold.

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

Chairman Scarborough stated there are some restrictions on where the Board can use tax abatement; and inquired if he can accept a motion or will he be violating the law. He stated some people have raised the issue of whether it is in the better interest of the County, pollution, etc. Mr. Knox advised the Board can decide whether this is in the best interest of the County; the legal issue which came up was whether it was possible to apply for a power plant exemption under the Statute; and he has seen a Statute which defines tangible personal property as electric power. Chairman Scarborough inquired if the Board can make a determination that it is in the greater public interest. Mr. Knox advised ad valorem tax exemptions are strictly within the Board's discretion; and the Board does not have to make any findings if it does not want to. Chairman Scarborough inquired if the Board could elect to do that; with Mr. Knox responding affirmatively. Chairman Scarborough stated pollution would be an issue because the Board is not supposed to do things that are not to the public's benefit. Mr. Knox stated the Board can look at all kinds of factors. Chairman Scarborough suggested a motion for finding of fact whether the power plant is in the best interest of the County, and based upon that, the Board will move forward with a legal determination.

Commissioner Higgs stated the County Ordinance addresses tangible personal property as the Statute does, but includes "and comprises an industrial or manufacturing plant"; the Code does not define that term; and inquired if industrial or manufacturing plant would be an apt description of a power plant. Mr. Knox stated from a legal standpoint, yes. Commissioner Higgs stated the Statute specifically references power plants under tangible personal property, but in the County Code there is language about manufacturing and industrial; the Statute signifies a power plant as a different kind of industry; and inquired if the Board has to define the power plant as an industrial or manufacturing use. Mr. Knox stated legally the Board can do so; but the Board has complete discretion as to whether the exemption is granted or not; and if that is an ambiguity the Board would like to resolve against the applicant, that can be done. Commissioner Higgs stated when the County gets an application, it sends it to the Property Appraiser for comment and information; and that would be the first step today, prior to the Board making a decision. She inquired if the process of getting the information from the Property Appraiser is something the Board should be careful about. Mr. Knox stated the way it was structured originally was to allow the Board to decide if it had an interest in granting an exemption; and if the Board does not have an interest, it would not refer it to the Property Appraiser. Commissioner Higgs stated it would not make any difference in the long run if the Board did not go ahead with that step; with Mr. Knox advising that is right.

Chairman Scarborough stated this is the first step; and the Board should make some determination today because if the majority of the Board does not feel this meets the requirements, it would be better to do away with it, rather than have three public hearings. Mr. Knox stated if the Board decides it is not in the public interest to proceed with the ad valorem tax exemption, it does not have to defer it.

Tracey Risley and Sandra Moran spoke in opposition to the power plant.

Leonard Spielvogel, representing Constellation Power, withdrew the application. He stated they have been remiss; they did not spend time with the people in the community; and apologized for it. He stated they have a good project; and the only way they will be able to construct the project at the location is to satisfy the concerns of the people who live in the County and have an interest in knowing this is a good facility which will not pollute and will be a clean industry. He stated it does not accomplish anything to take the Board's time and get people upset; they are prepared to meet with the community; and requested the Board provide the names of those who submitted speaker cards so they may be contacted to attend meetings. He stated they bring a good business operation to the County, and if they do not, they will not come back.

Commissioner Voltz stated a meeting has been arranged at the Agriculture Center on Wednesday, December 10, 1998 at 5:30 p.m.; and invited everyone present to attend.

Chairman Scarborough clarified there is nothing before the Board at this time.

Craig Bock, representing Homeowners of Lake Poinsett Shores, submitted a list of 35 questions.

Fred Blanton stated regardless of the tax abatement issue, the Board wanted to hear whether the people wanted the facility; with Chairman Scarborough advising that will be discussed at the next meeting. Chairman Scarborough noted even if the tax abatement is denied, the Constellation Group can do the project anyway because it is properly zoned; Commissioner Carlson suggested changing the rules so there is a higher level of rules to be met; and that and the possibility of a moratorium will be discussed at the next meeting. He explained how the moratorium would work.

Robert Colvin commended staff; and stated if this issue comes up again, he will be calling the Commissioners. Chairman Scarborough stated this is coming up again on December 15, 1998 to consider changing the rules. Mr. Colvin inquired if the Board had approved the tax abatement, would it be saying it approved the plant. Chairman Scarborough responded when a tax abatement issue comes to the Board it is referred to the Economic Development Commission, which reports with a recommendation; the Board could have opted to not refer it forward for discussion, which appeared to be the way it was going; but when the applicant saw there were not going to be enough votes to pass it, he withdrew the application. He advised the Constellation Group does not need to get tax abatement to build the plant; but Commissioner Carlson has said the Board will strengthen the rules on December 15, 1998; and that is why the people need to come back on December 15, 1998.

Mike Stallings stated he lives in Forest Lakes community which is close to the proposed site; and thanked Commissioner Carlson for her involvement.

Leroy Wright, representing Save the St. Johns River Group and the Florida Wildlife Federation, stated he will be at all the meetings subsequent to this; and thanked the applicant for withdrawing the request.

Janice Eide stated there are already two power plants in Central Brevard County; and inquired why they need another one.

Rod McGowen stated two power plants is enough, and three is a cloud.

Helen Steinberg inquired why did she not hear anything about this plant until last Friday. Chairman Scarborough stated the item is on the Agenda; the paper opted to let the people know about the tax abatement; the County provides notification on zoning issues; however, on tax abatement issues there is no notice given. County Manager Tom Jenkins stated there is a public hearing on a tax abatement ordinance as the second step, and it would be advertised. Chairman Scarborough stated if this becomes a zoning issue, it will require mailing of notices.

PERSONAL APPEARANCE - MAUREEN RUPE, RE: ORDINANCE TO ADDRESS TRUCK TRAFFIC ON RESIDENTIAL STREETS TO SERVICE BUSINESSES

Maureen Rupe, representing the homeowners of Haverhill Road, stated trucks use residential streets to service businesses that are on a main artery; American First Bank, McDonald's and Discount Auto are all located on U.S. 1, but are accessed by Haverhill Road and a private road; the residents of Haverhill already have increased traffic due to patrons of the businesses using Haverhill Road instead of U.S. 1; and people in Port St. John use the private road and Haverhill Road to avoid the lights at Fay Boulevard. She stated the residents have resigned themselves to the increased activity; but the frequent 18-wheel delivery trucks on the 20-foot road are dangerous and not acceptable. She stated there is a possibility of increased truck delivery as the property north of the bank, when sold, will be offered access to the private road; it is a problem that is affecting the residents' quality of life; and many people in the County could find themselves in the same situation as commercial continues to encroach on residential development.

She requested the Board consider an ordinance that would prohibit a residential street being used for commercial delivery when there is a primary artery available; and stated the residents would like a stop sign at the private road and speed signs on Haverhill Road, so they can request the Sheriff's office to enforce the speed limit.

Leonard Spielvogel, representing the Wauchovia Bank, stated after listening to the concerns of the speaker, he appreciates the problem; and he sees nothing wrong with a stop sign and slow speed zone on Haverhill Road; but he is concerned that Haverhill Road not be denied to those using the private road because the bank and other businesses use that to their advantage. He stated he does not know about commercial traffic or tractor-trailers going through the area; but if there are controls that can be placed on Haverhill Road, that would be good traffic control. He stated his client's concern is that nothing be done to close the private street that services the strip mall; the service road which services all the businesses leads out to the private street that leads to Haverhill Road; and while they try to accommodate the concerns of the neighbors, they do not want to go to an extreme where it interferes with the flow of traffic.

Mary Tees, representing Port St. John Homeowners Association, stated at the time the bank was built, it acquired the easement for a 20-foot right-of-way behind it; since then McDonalds and Auto Zone have been built; and they are using the same easement. She stated at the time of construction of the bank, the bank promised the easement would not be used for anything but access to the back of its property; then Surface Water Management had to put retention areas in, and an access road was added to get to the ponds; and a landscaped wall was supposed to be put in. She stated there is no landscaping; the only people using the road are the ones who want to beat the light at Fay Boulevard; 18-wheel trucks are using the 20-foot residential road; and there are children in the area. She stated they have not asked for cars or panel trucks not to be allowed to use the road; but they would like to stop the commercial vehicles or close the road altogether.

Chairman Scarborough stated this is site specific; but when site plans are done for commercial development abutting residential, there is an ability to plan the project bringing trucks in on a single-family street; the City of Titusville prohibits doing a site plan that way; and recommended asking staff to look at the big picture. He requested staff to report to the Board on possible solutions; and stated he would like the Board to look at the utilization of single-family residential streets for entrances into buildings that are fronting on U.S. 1. Commissioner Voltz stated it is a problem; and inquired if there are weight signs that could be put up to not allow 18-wheelers on the road. Chairman Scarborough stated there are problems in restricting all truck traffic because of garbage trucks, etc.; but at a certain planning stage the County can stop the project from being designed in such a way. Commissioner Voltz inquired if anyone has talked to McDonalds about the issue. Chairman Scarborough stated Haverhill Road is just one issue; but if the Board wants to address something Countywide in the way site plans are done, it should tell staff it wants to look at the bigger issue.

Commissioner O'Brien stated the problem is heavy commercial traffic; signage is one way of doing it; but another way of doing it might be a speed hump. Chairman Scarborough stated if the County lets projects be designed for the trucks to come in, the trucks will be coming that way.

Commissioner O'Brien stated there is supposed to be a buffer between commercial and residential which is obviously missing. Chairman Scarborough stated the truck is using the residential street to enter the commercial zone, and it may be through a properly buffered area. Commissioner O'Brien inquired what would happen if the street between the retention ponds was taken out. Chairman Scarborough stated that is site specific; and he was asking the Board whether it wanted Countywide regulations on how truck traffic is allowed to travel through single-family residential areas to access the back of commercial properties; but he does not want to ask staff to spend time on the issue unless the Board directs it to provide a report. Commissioner O'Brien stated this has been an ongoing problem; and he would like to see a report. Commissioner Higgs stated she wants to see a report on preventing it from happening in the future, but she would also like to see a report from the County Attorney and Traffic Management what the Board's abilities are to regulate truck traffic.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to provide a report on how to prevent a recurrence of the situation in Port St. John where truck traffic goes through a single-family residential area to access the rear of commercial development, and on the County's abilities to regulate truck traffic. Motion carried and ordered unanimously.

DISCUSSION, RE: 1999 BREVARD LEGISLATIVE PROPOSALS

Harold Koenig advised of his and other parents' presence at the November 10, 1998 meeting in support of two funding legislative proposals involving drug treatment; and stated he understands Lobbyist Guy Spearman viewed the meeting on tape. He advised of a meeting with Judge Moxley; and stated Judge Moxley is supportive of the parent-based initiative to place young, first-time, non-violent felony drug addict offenders into treatment rather than incarceration. He stated Judge Moxley pointed out two areas where judges are currently constrained relative to the treatment initiative; and recommended items be added to the Legislative Package to (1) restore mitigating judgment to judges in substance abuse cases, and (2) empower judges to order random drug testing on all probation cases involving substance abuse regardless of the specific charges. He stated the other two items relate to the legislative proposals.

Chairman Scarborough advised the Board is discussing the package it will be taking to the Legislative Delegation; and if Mr. Koenig has a problem with anything they are presenting, he should be specific. Mr. Koenig requested the two proposals he just mentioned be included in the Legislative Package, and the Drug Court proposal and the Brevard Partnership Prototype proposal be put before the Legislative Delegation.

Lillian Banks stated Preservation 2000 is a plan to continue borrowing money to buy Florida's best remaining natural land; the Resolution implies the citizens approve of the Plan; and it has been said it is what the citizens want as though governmental purchase of land is a mandate from the citizens. She stated the EEL program was defeated in the general election of 1988 only to be brought back in a special election in 1990; it passed by a vote that represented only 21% of the eligible voters; and most people thought it was costing $55 million instead of the actual cost of $110 million. She stated in January, 1997, the percentage of taxable property owned by State, federal or local governments in Brevard County was 41.3%; however, in Indian River County only 5.4% is owned by the government; and inquired if the difference has anything to do with the Indian River County's elected officials taking care of the taxpayers. She stated 32% of the eligible voters of the County voted for the Fifth Amendment revision; and probably half of them were unaware of what it meant. She stated the Board is interested in serving the desires of one-third of the citizens; according to Senator Bronson's research, revenues lost to land preservation cost local governments $935 million; and recommended leaving the item out of the Legislative Package, or at least adding language to protect the landowners, which was submitted by Mr. Moehle. She stated the Board is asking the Legislature to amend Section 373.4137, that requires FDOT to pay $75,000 an acres for wetlands; and expressed concerns about the proposal. She suggested the Board request the $75,000 be reduced to a more reasonable amount and have it apply to the property owner as well as FDOT; and inquired if the Board does not want to challenge the out-of-control environmental organizations such as St. Johns River Water Management District or the Department of Environmental Protection. She stated the widening of Highway 192 is estimated to cost $100 million; $20 million will go to the Department of Environmental Protection; and if the $75,000 was cut in half, it would save millions and reduce the cost of the road. She requested everyone contact their Commissioners to tell them to stop their grandiose ideas of saving the birds, snakes and land; get their hands out of the taxpayers' pocket; and get rid of the ever growing bureaucracy that affects every aspect of the taxpayers' lives.

Floyd Merckle advised of the history and services of the Vietnam Veterans Transitional Housing Facility. He stated the goal is to assist veterans or their families to permanently resolve their situations and become contributing members of their community. He stated since 1992, they have assisted more than 700 veterans and their family members; of that number approximately two thirds have successfully used the facility to resolve their crisis situations; and they are the only such facility to provide services without cost to the veteran. He stated having the State include the operational costs in its budget is not only equitable and fair, but insuring the operation of the facility provides an invaluable resource to the veterans in the State.

Paul Good, Director of the Embers Adult Day Care Facility, introduced Nurse Manager Traci Woods; stated the Embers has been operating since January, 1997 without assistance from organizations, grants, major donors or the United Way; however, they do have minimal assistance from government agencies. He stated families seek out adult day care centers for respite and support; many of the caregivers are stressed, burdened, and financially destitute; care centers provide respite, support groups, counseling, monthly newsletters and free education; and to date there are five adult day care facilities in the County providing such services. He stated limited funding requires family members to ultimately pay out for institutional supplies earlier than need be; with the average age of people getting higher every year, it requires more care to sustain the same quality of life; and the limited funding for CCE makes it difficult to continue the services to support the kind of care that is needed, and also makes it difficult for families to afford the needed services. He urged the Board's consideration of a resolution to be added to the Legislative Packet supporting the equitable funding among all five day care facilities in the County.

Angela Abbott stated the proposal in the Legislative Package regards splitting the regions for allocation purposes; and Brevard and Volusia Counties would form a separate region.

Patricia Hartman expressed support for the beach management program funding and the election of Water Management Districts.

Chairman Scarborough stated the first item is the $75,000 as a means of establishing just compensation in eminent domain cases; and inquired if there is support elsewhere in the State. Commissioner Voltz stated there has already been a lawsuit where they had to pay $75,000. Lobbyist Guy Spearman stated he does not know whether there is support, but it sounds equitable; and he will be glad to try to work it in Tallahassee. Chairman Scarborough inquired if it would be helpful for the Board to communicate its concerns to other counties throughout the State; with Mr. Spearman responding affirmatively. Commissioner Voltz stated it should be left at $75,000; if the wetlands are really that important, then government should be willing to pay for them; and she will bring it up at the Florida Association of Counties Conference to find its position. Chairman Scarborough stated that is not his position, and he does not want that expressed as the Board's position; with Commissioner Voltz responding she would not express that as the Board's position, but would ask what the Florida Association of Counties position is. Chairman Scarborough stated it is arbitrary to say that $75,000 is a reasonable price for wetlands because there is usable land that does not sell for $75,000; with Commissioner Voltz advising $1,000 is also arbitrary. Chairman Scarborough inquired why someone with wetlands should be compensated a multiple of someone who is having an orange grove taken. Commissioner Voltz responded it is possible to alter an orange grove without being put in jail or fined $10,000 a day for it; wetlands are important to the vitality of Florida; and it is not necessary to protect an orange grove. Chairman Scarborough stated the County will be building the roads, and will be the one fined. Commissioner Voltz stated the County needs to be willing to pay. Commissioner Higgs if the issue is that DOT is required by Statute to set aside $75,000 in its budget process; with County Attorney Scott Knox responding that is what the Statute says, but it is not the way it has been interpreted. Commissioner Higgs stated changing the Statute does not change what someone would be paid for their property because that is determined by the court; so changing the Statute takes out the $75,000 as far as how DOT has to budget. Mr. Knox stated the $75,000 budget figure cannot be used as a basis for claiming that an individual is entitled to $75,000 an acre for wetlands. Commissioner Higgs noted they could claim $200,000, but the court will establish the value. Commissioner Voltz stated there has been a case where this Statute was looked at and the people were paid according to the $75,000 figure. Commissioner Higgs stated that is just one court case. Chairman Scarborough stated the $75,000 stands, but it cannot be taken to court; and he does not have a problem with it.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Legislative Proposal eliminating use of the referenced cost per acre of $75,000 an acre as a means of establishing just compensation in eminent domain cases. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Carlson voted aye; Commissioner Voltz voted nay.

Chairman Scarborough stated the next issue is the Regional Planning Council membership; he has been going to those meetings and the issue is more complex than membership; the trouble is the relevancy; and he would like to withdraw this from the package. He stated this is sending the wrong signal; it is talking about money as opposed to the real issue which is making the Regional Planning Council something that is going to work for Brevard County; and to do that it will be necessary to revitalize the whole concept.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to withdraw the item concerning Regional Planning Councils; and request Lobbyist Guy Spearman report back on the Governor's position so the Board can take a subsequent position. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Legislative Proposal for an amendment to Section 180.2 (3), Florida Statutes, limiting the use of Municipal Utility Reserve Areas to those instances where a municipality is extending water or sewer services into an unincorporated area. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Legislative Proposal to amend Sections 373.073 and 373.079, Florida Statutes, providing for election rather than appointment of board members of Water Management Districts. Motion carried and ordered unanimously.

Mr. Spearman stated the chances of getting that through are slim. Chairman Scarborough stated this is a popular local issue as people like to elect the people who spend their money.

Chairman Scarborough advised Angela Abbott is present for questions on the next item.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Legislative Proposal to amend Florida Statute 159.804 to allow Brevard and Volusia Counties to form a separate region for housing bond allocations. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Legislative Proposal for appropriation for Beach Management Program funding. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Legislative Proposal for appropriation for Florida Marine Patrol staffing. Motion carried and ordered unanimously.

Chairman Scarborough stated the next issue is appropriation for Merritt Park Place sewer and stormwater drainage installation. Commissioner Higgs expressed concern that the County is asking for something that does not have much of a chance; and stated the County could ask for funding for Palm Bay or Canaveral Groves; but she does not see that happening. Chairman Scarborough stated he does not have a problem asking for it. Commissioner Higgs stated she has a problem with the County asking for things it knows it will not get, and then maybe not getting other things that had a good chance. Chairman Scarborough advised how the Fay Lake Park was funded; and stated the County should have its wish list. Commissioner Voltz stated Canaveral Groves is a much more deserving issue than MIRA because MIRA has money coming in, and Canaveral Groves has no money coming in. Chairman Scarborough stated Canaveral Groves can be added; he has no problem with the MIRA project; and a lot of times the County will not get what it wants, but if they are not in the package, the Legislature does not even think about them.

Doug Robertson stated it is a major urban retrofit project; the big part of it is the stormwater retrofit; and the drainage basin that would be diverted and treated is much larger than the Merritt Park Place portion of the project. He stated Titusville and Cocoa have gotten hundreds of thousands of dollars for urban retrofit stormwater projects; and advised of the possibility of getting money from the EPA Clean Water Initiative.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Legislative Proposal for appropriation for Merritt Park Place sewer and stormwater drainage installation. Motion carried and ordered. Commissioners Scarborough, O'Brien, and Carlson voted aye; Commissioners Higgs and Voltz voted nay.

Chairman Scarborough stated the next item is a request for funding to dredge the Sykes Creek "S" curve. Commissioner O'Brien stated this can probably be done with the grant application to FIND, but Mr. Spearman will have to go to FIND to see if the process can be speeded up.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct staff to provide funding for the dredging the Sykes Creek "S" curve, and immediately apply for a FIND grant. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Legislative Proposal for permanent State funding support for the Veterans Transitional Facility. Motion carried and ordered unanimously.

Chairman Scarborough stated the next issue is funding for the Drug Court; and the Board wants to be sure to include Mr. Koenig's comments relating to mitigating judgment on drug abuse cases and random drug testing on probation cases.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Legislative Proposal for funding for Brevard County Drug Court, including the recommendation of mitigating judgment on drug abuse cases and random drug testing on probation cases. Motion carried and ordered unanimously.

Chairman Scarborough stated it is important that the people who are interested in the items go to the Delegation meeting which will be on December 10, 1998 at 1:30 p.m.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Legislative Proposal for funding for an anti-drug addiction prototype project. Motion carried and ordered unanimously.

Chairman Scarborough stated the next issue is animal shelter acquisition and construction. Commissioner Higgs inquired if the State has ever funded animal control shelters; with Mr. Spearman responding not to his knowledge; and he gives it little hope, but it is worth trying. Chairman Scarborough stated the Shelter may be polluting Titusville's water.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Legislative Proposal for funding for the North Brevard Animal Shelter land acquisition and construction. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Legislative Proposal for residential group home care daily rate increase. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Legislative Proposal for special appropriation for Country Acres Parental Home.

Commissioner Voltz inquired why this is only for one time support when it deals with food and clothing. Commissioner Higgs stated if this is a big need, she wants to see a report from the staff because if more food or clothes are needed for the children, they are needed now.

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution supporting equitable funding for District VII Children and Families, Alcohol, Drug and Mental Health funding. Motion carried and ordered unanimously.

Chairman Scarborough stated the next issue is the request for continued appropriation for Preservation 2000 and creation of a successor program.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution supporting continued appropriation for Preservation 2000 and creation of a successor program.

Commissioner Voltz stated new Preservation 2000 program will be looking less at land acquisition and more at maintenance of property already owned; opening up public access of the properties; and cleaning up the environment, including the septic tank issue. She read aloud the position of the Florida Association of Counties; and noted last minute changes. She stated the Governor is going to be focusing on things other than land acquisition; and to support something other than what the Governor is going to support would be a moot point. Commissioner Higgs stated the Board can support something that may come out of the Legislature; and the Governor does not always get what he may want. Commissioner Voltz stated the majority of the Commissioners at the FAC meeting realized there is already too much land off their tax rolls. Commissioner Higgs stated the voters on November 3, 1998 indicated support for P2000; and read aloud from the proposed resolution.

Commissioner O'Brien stated Mike Moehle and Carl Signorelli submitted suggestions; and suggested adding the language from Mr. Moehle's letter regarding just compensation. Commissioner Higgs stated people should receive just compensation, but she does not always agree that owners are often deprived.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to amend the motion to include "whereas, owners of environmentally sensitive lands should receive just compensation for their property." Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Legislative Proposal for continued appropriation for Preservation 2000 and creation of a successor program, as amended. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Carlson voted aye; Commissioner Voltz voted nay. (See page for Resolution No. 98-292.)

Commissioner Carlson noted there was a motion on the floor. Chairman Scarborough inquired if she wants to reconsider; with Commissioner Carlson responding no.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution supporting Alzheimer Respite Adult Day Care funding. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution requesting the State to share land titles with local governments.

Commissioner O'Brien stated this is good; inquired if it muddies the water; and noted the ramifications of such change. Commissioner Voltz stated right now the State has all the power. Chairman Scarborough stated people who are not elected make the decisions. Commissioner O'Brien inquired if it will cause future problems by making it more complex. Chairman Scarborough stated the decisions affect the residents, but they cannot input the decisions.

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

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Legislative Proposal to request Rule change to exempt temporary employees from Florida Retirement System participation.

Commissioner Voltz advised of the position of the Florida Association of Counties on the Florida Retirement System.

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

Motion by Commissioner Voltz, to approve Legislative Proposal to require posting of rip current warning signs on Florida's public beaches and public crossovers.

Commissioner O'Brien inquired if the Board wants to spend its lobbyist's time to do something that people along the beaches may want to do on their own. Commissioner Voltz stated instead of putting this in the package, she can bring this forward to the Florida Association of Counties. Commissioner Higgs stated it is fine to support the motion; and Representative Futch is going to bring it forward for consideration. Commissioner O'Brien inquired if Representative Futch is already going to do it, why should Mr. Spearman be asked to spend his time and effort. Chairman Scarborough suggested directing Mr. Spearman not to spend a lot of time on this issue.

Commissioner Carlson seconded the motion. Motion carried and ordered. Commissioners Scarborough, Higgs, Carlson, and Voltz voted aye; Commissioner O'Brien voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Legislative Proposal to amend Florida Administrative Code 14-73.001 to set time for rewrite of Transit Development Plan from every three years to every five to ten years. Motion carried and ordered unanimously.

Chairman Scarborough stated the next issue is objecting to Administrative Code Rule 18-2, Administrative Fees. Commissioner Voltz stated the County is supposed to be paying the fees, but is not. Commissioner Higgs stated until the Rule is changed, the County should take care of its obligations. Commissioner Voltz commented on the current level of the obligation.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution objecting to Florida Administrative Code Rule 18-2; and direct that Administrative Fees be paid until there is a Rule change. Motion carried and ordered unanimously.

Commissioner Voltz inquired where will the Board get the money; with Commissioner Higgs responding Mr. Nelson's budget.

Chairman Scarborough stated the next issue is implementation of Revision 7 closing the loophole in Florida law for the Legislature to pay a greater share of the costs to run the State court system. Commissioner Voltz advised the Governor will create a Commission; and some Legislators are upset about money being taken. She advised of her expectation that a funding source will be found, the legislation written, and then it will be dealt with.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution supporting development of a plan on full implementation of Revision 7. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Legislative Proposal requesting protection of Emergency Medical Services, Local Government, and Volunteer Communications from radio interference through amendment or creation of a Statute. Motion carried and ordered unanimously.

Staff Specialist III Sharon Luba advised there are two additional items that were added by Commissioner Voltz, the Juvenile Assessment Center funding, and the pawnshop brokers.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution supporting the continued funding of the Juvenile Assessment Center. Motion carried and ordered unanimously.

Commissioner Voltz stated the pawnshop issue came from Palm Beach County; the pawnshops have a powerful lobby; and requested Ms. Luba advise the Board of the concerns.

Ms. Luba stated the current Statute fails to require pawnshop owners to divulge all the transactions to the general public; and people who have property stolen are not able to retrieve that property.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution in support of request by Palm Beach County calling for more stringent pawnshop regulations. Motion carried and ordered unanimously.

Chairman Scarborough stated the Board makes the presentation, it goes to Tallahassee, and the dynamics take place there; the Legislative Delegation deals with the same constituents as the Board; but the Board is lost in the process. He suggested having the Chairman of the Legislative Delegation and the Lobbyist come to the Board to refocus on the real world; and stated he wants to get feedback on the regional planning council issue. Lobbyist Guy Spearman stated he will be glad to do so; and he will also meet with the members of the Delegation to see who specifically will sponsor what in the Legislative Package so when December 10, 1998 comes, the Board will know where the Delegation stands and what it wants to do. He noted some of the issues are bigger than just Brevard County. Chairman Scarborough stated if it is possible to change the whole State and make it more reasonable, it is money well spent.

Commissioner Voltz stated the FAC brought up two other issues it was going to support; and one was the issue of eminent domain and the other was behavioral health care.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: FISKE BOULEVARD/I-95 AREA POND

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to authorize advertising for bids, award of bid to the lowest qualified responsible bidder, and execution of contract with the successful bidder for construction of Fiske Boulevard/I-95 Area Pond. Motion carried and ordered unanimously.

AMENDMENT TO LEASE AGREEMENT WITH LOGAN VENTURES, INC., RE: OPERATION OF SNACK BAR (MASH HOAGIES) AT GOVERNMENT CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Option 1, to execute Amendment to Lease Agreement with Logan Ventures, inc. d/b/a MASH Hoagies for the snack bar at the Government Center with a 105 CPI increase for a total monthly rent of $330 and $300 for utilities from June 7, 1998 through June 6, 2000. Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING ISSUANCE BY BREVARD COUNTY HOUSING FINANCE AUTHORITY OF SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1999

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution authorizing the Brevard County Housing Finance Authority to apply for an allocation from the Florida Division of Bond Finance, and authorizing issuance of Single Family Mortgage Revenue Bonds, Series 1999 during the first 90 days of 1999.

Commissioner Higgs stated all this is doing is allowing them to apply for the allocation; and expressed concern that some of the bonds are not being competitively bid.

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

Commissioner O'Brien stated he has been receiving complaints about lack of cleanliness at Baxley Manor in Merritt Island. Angela Abbott, Brevard County Housing Finance Authority, stated that is not under the Housing Finance Authority.

DETERMINATION OF PUBLIC INTEREST, RE: TAYLOR COMMERCE PARK

Leonard Spielvogel, representing Ronald and Ivy Vance Taylor, stated his clients own a 24-acre parcel in North Merritt Island, north of the County Sewage Treatment Plant on the east side of North Courtenay Parkway; the parcel has been in the Ramsey-Vance-Taylor family since 1914; and with him today are Mr. Taylor, Robert Lee of Lee Engineering, and Environmental Consultant Charles Turner of Consolidated Environmental Engineering. He stated the Natural Resources Management Office has determined that his client's project appears to meet the environmental qualifiers as found in the Comprehensive Plan; and his task is to respond to the public interest requirement of Conservation Element Policy 5.2.f.2. Mr. Spielvogel stated of the 24 acres owned by Mr. and Mrs. Taylor, only six acres are intended to be developed in accordance with the BU-1, BU-2 and BU-1-A zoning; and the balance will be encumbered with a perpetual conservation easement which will run in favor of the County. He stated of the six acres, only 1.94 acres are intended to impact wetland areas; of the 1.94 acres only 1.6 acres are semi-functional wetlands; they will be eliminating invasive species and will be mitigating 1.94 acres with 17.96 acres of onsite forest and habitat which is adjacent to the Sykes Creek Basin. He stated they will also provide retention and water treatment on the six-acre parcel; they will be adding to the tax base by increasing the assessed value of the property by $2.8 million in improvements; and they will also be providing job opportunities for residents. He stated they intend to build 13,900 square feet of convenience-retail, 21,760 square feet of office-warehouse, 5,800 square feet of mini-office warehouse, and 13,920 square feet of air conditioned mini-storage. He stated since 1990, the Ramsey-Vance-Taylor family has paid $32,243 in County taxes on the parcel; and displayed a sketch of the property. He stated if the Board does not see fit to grant the request to find this is in the public interest, there would be no use for the property; and in addition to meeting the requirements, there is a hardship factor.

Debbie Coles, Office of Natural Resources Management, stated there have been updates since the package was presented to the Board; and there has also been a redesign on the way the water flow will come out from the retention area. Chairman Scarborough inquired if that increases staff concerns; with Ms. Coles responding it diminished her concerns.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve a determination that the Taylor Commerce Park meets the overriding public interest criteria, as required by the Brevard County Comprehensive Land Use Plan's Conservation Element, Wetland Policy 5.2.f.2. Motion carried and ordered. Commissioners Scarborough, O'Brien, Carlson, and Voltz voted aye; Commissioner Higgs voted nay.

Commissioner Higgs stated she understands that have been worked out on the project, but still finds it inconsistent with the Comprehensive Plan; and inquired when the Board will see that discussion again. County Attorney Scott Knox advised he will confer with Assistant County Attorney Christine Lepore on the status. Chairman Scarborough requested Mr. Knox send each Commissioner a memo on the status.

PERSONAL APPEARANCE - DICK GREGORY, RE: ARR ZONING

Chairman Scarborough stated Mr. Gregory is asking the Board to direct staff to prepare an ordinance increasing minimum square footage from 400 square feet to 700 square feet in ARR zoning; with Mr. Gregory responding yes. Chairman Scarborough stated the Board has already discussed the issues; and inquired if the Board wants staff to work on the change.

Commissioner Higgs stated ARR allows some manufactured housing along with stick built homes, and she is not opposed to that; but the provision in ARR that allows RV's to be used as homes is not good; and what Mr. Gregory is bringing forward today would rectify that problem.

Dick Gregory stated 400 square feet is nothing but a travel trailer; and this is a step forward to begin to upgrade the Canaveral Groves area; and requested an increase of the minimum dwelling size to 700 square feet.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to direct staff to work on a change from 400 square feet to 700 square feet as a minimum square footage for dwellings in ARR zoning classifications. Motion carried and ordered unanimously.

Chairman Scarborough stated the County needs to advise the people as the Board works through this; and when there are several things coming forward with the same community, the County needs to let them know.

PERSONAL APPEARANCE - Z. CLIFF SINGLETON, RE: COUNTY FUNDING SUPPORT FOR SENIOR AFFORDABLE HOUSING

Cliff Singleton stated he met with Commissioners individually to show a model of the project being proposed to be built in Melbourne; it is a senior housing facility for active senior retirees; and stated the project has been designed to cater to low and moderate income seniors. He noted the facility will be for those nor rich enough to stay in the Fountains or who have too much money for Trinity Towers; and those facilities have a two-year waiting list, so it is difficult to get in. He commented on the Board's policy regarding support of rental housing projects and the State's targeting of senior housing. He stated they have a great project; the State has left it up to local government as to who will get funds because putting SHIP funds and funds from the State into the project scores a lot of points; and if they can get support from the County and the City of Melbourne, they will get the $5 to $6 million in funding. He presented a chart showing the funding would not be coming to the developer; explained the restrictions on use of SHIP funds; and stated the funding would offset the cost of reducing the rents. He stated if the Board spends this money, it will help people for 50 years; the amount of funding would parlay itself into approximately $3.4 million over the 50-year period when there would be deed restrictions to reduce the rents to help senior citizens; and 20% of the County population today is senior citizens. He stated they have addressed the major issues concerning seniors; and they have designed the facility so that it could be used by seniors other than the ones living in the facility, so they would be interactive with other seniors in the community.

Commissioner Higgs inquired what does Mr. Singleton want the Board to do. Mr. Singleton requested the County reevaluate its policy as far as supporting rental housing projects with SHIP funds; and stated it is possible to direct staff to make necessary advertisements. He presented a time line; and stated it is possible, but will take an effort by the Board.

Commissioner Voltz stated the Affordable Housing Council recommends not considering implementation of an affordable housing project request cycle during the month of December; the recommendation is based on the review of the Plan Amendment and RFP process that would need to be completed by January 6, 1999; and she is sure Mr. Singleton's project is the one referenced. She inquired if Mr. Singleton has done other projects in the County; with Mr. Singleton responding no, but they have done them in other states and have been working on this project for three years.

Commissioner Voltz inquired if they have done any type of projects in the County; with Mr. Singleton responding he has been working as a builder in Brevard County for the last 35 years. Commissioner Voltz inquired if he has done any projects; with Mr. Singleton responding no.

Commissioner O'Brien requested staff investigate to see what is going on; and stated Mr. Singleton is the third person in as many months to come forward with an identical kind of project. He advised of other proposed projects in Merritt Island; and stated he does not know the driving force behind this but in the last four years, no one has come in with this kind of project.

Commissioner Carlson stated she served on the Planning and Zoning Board when this project came before it three years ago; and they have rearranged the project on the property significantly to abide by the environmental issues and concerns. Mr. Singleton stated they have been working on the project for three years; the first couple of years the State rules were against them; they have been lobbying the State Housing Agency to change the scoring; and they were successful in the last year in getting them to not penalize for not building certain types of projects. He stated they finally got the State to recognize that senior projects are a priority; they can score all the points except for local government contribution; and so who will get the funding will be up to the local governments. He inquired how willing is the Board to participate in the funding process; it is minor funding considering that it is a $5 to $6 million project; it is not funding that is absolutely needed to make the project work; but it is funding needed to make sure they get the funds from the State.

Commissioner O'Brien stated he does not think it is a funding discussion; it is a discussion about building an apartment house which will increase the intensity or density in a neighborhood; that will have a direct impact on roads, sidewalks, sewer, water, etc.; and while people are asking to slow down growth in the County, these projects not only increase growth but severely increase density. Mr. Singleton stated they have been working for three years on this project because they have been working with the surrounding neighborhood; they have the support of all the individuals living around the project; and they have worked with the environmentally sensitive issues. He stated part of the property is a 10.1 acre piece that borders on Crane Creek; they have rearranged the plan to leave 8 acres vacant, so it will never be able to be built on; they chose the downtown Melbourne area because of the facilities and conveniences for seniors; and they have worked hard over the years to address what Commissioner O'Brien is addressing.

Commissioner Voltz stated as a nurse, she deals with the elderly; there is a shortage of housing for elderly people; and some of the facilities have a two to three year waiting list to get in. She stated at this point the Affordable Housing Council makes all of the recommendations on funding issues; and the Council has requested the Board to not consider implementing it.

Commissioner Carlson stated the Affordable Housing Council denied this due to the aggressive time line which it did not think was doable. She inquired what will happen if Mr. Singleton does not get the County's blessing; with Mr. Singleton responding they will go through with the project and apply to the State, but they will not have a perfect application. He stated the application will be close to perfect, but it is a very competitive process, and they will drop down in the scoring mechanism.

Commissioner Higgs stated she is willing to look at multi-family housing; and a Housing Workshop is coming up. She stated looking at it in terms of meeting the time line is not a good public policy; next year, if the project is still in application mode, that can be considered; and the County is analyzing where the housing program is going, and not just making a decision on one thing. County Manager Tom Jenkins stated it was a matter of timing with the Affordable Housing Council, not the project.

Commissioner Scarborough stated society will have to look at housing projects for this particular market; people are living longer; and how the County deals with these things is more than a financing issue. He stated it is a human issue which society has not addressed; it is a big issue which needs discussion; and in the long run, there may be good things happening.

Commissioner O'Brien stated Cape Canaveral Hospital, as well as Wuesthoff and Holmes Regional Hospitals, were built for a certain capacity of patients; and now they are taking whole floors and making them nursing homes. He stated ten or twenty years from now the proposed residential unit could be made into regular apartments, not for seniors any more; and the Board has to be careful to look into the future to see what changes may occur.

PERSONAL APPEARANCE - BISHOP & BUTTREY, INC. (BILL KERR), RE: LAND ALTERATION DEPTHS

Bill Kerr, representing Bishop & Buttrey, Inc., introduced Ed Chesney Staff Engineer from Bishop & Buttrey, Inc.; and stated an August 24, 1998 memorandum from Debbie Coles through Steve Peffer gives three options for deepening the borrow pit below 30 feet and suggested Ordinance language changes. He stated his recommendation is Option 2, to exceed 35 feet in depth at the mean water level, no portion of the lake shall exceed 35 feet in depth below mean water level unless a permit allowing additional depth is obtained from the St. Johns River Water Management District; another option is for the County to permit it; but he does not believe double layering of permits is a reasonable method; and suggested going by the stringent St. Johns River Water Management District permitting with the County amending its Ordinance to allow that.

Chairman Scarborough inquired if Mr. Kerr is requesting advertisement for a public hearing; with Mr. Kerr responding the memo requested staff be allowed to put forth the changes. Chairman Scarborough explained the changes will have to proceed to public hearing, which will require advertisement. Mr. Kerr recommended Option 2 be selected.

Assistant County Manager Steve Peffer stated this is a report to the Board; several options were provided with no recommendation; and staff is looking for direction.

Chairman Scarborough inquired how broadly can it be advertised; with County Attorney Scott Knox responding it will be tailored so it is broad enough. Chairman Scarborough stated that would be good because sometimes when things come up at the end of the meeting, the Board does not get input from everyone; and there may be other people interested in it.

Commissioner Higgs stated she is willing to look at it, but is not comfortable giving it up to the St. Johns River Water Management District without some review by the County; and requested the advertisement include potential for the Board to have review criteria.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to broadly advertise a public hearing to consider an amendment to the Ordinance dealing with land alteration depth, including providing the Board with possible review criteria. Motion carried and ordered unanimously.

Mr. Peffer stated staff will bring back a draft including Options 1 and 2 for the Board's consideration. Chairman Scarborough stated he does not want to have to re-advertise.

PERSONAL APPEARANCE - JIM CULBERSON, BREVARD COUNTY HISTORICAL COMMISSION, RE: DONATION OF OLD SCHOOL HOUSE AT BOVINE TO HISTORICAL COMMISSION

Jim Culberson, representing the Brevard County Historical Commission, stated he would like to address the issue of a historical museum in Brevard County; and advised of the opportunity to get an old school house at Bovine. He stated Katie Nail lives in the school house now; and described the location of the property. He stated Ms. Nail wants to donate the school house, which will be 100 years old in March, 1999, to the Brevard County Historical Commission with the stipulation that it will be moved from its current location. He stated it is not a very large building; it is a basic one-room school house; and there are funds available for moving and restoration through the Bureau of Historic Preservation in Tallahassee if they can come up with matching funds to complete the project. He stated the school house appears to be in good shape; but it would have to be inspected and appraised. He stated he does not think it will be difficult to move it from its present location to a site nearby; and he was hoping to be able to use space at Viera. He advised the building can be restored to its former glory and turned into a museum.

Chairman Scarborough stated the School Board is adjacent to the Government Center; it may be of more historical significance to the School Board; and if the Board approves the move, Mr. Culberson may want to talk to the School Board. Mr. Culberson responded he would like to see the building preserved because there are not too many one-room school houses in the County. He noted there are other possibilities for a museum for the Brevard County Historical Commission; one is the H. S. Williams House, which was purchased by the County in 1989 with an assessed value of $156,420; the current assessed value is $241,340; and as of January 26, 1998, the County had spent over $500,000 on the property which is still in bad shape. He noted an estimate of cost to restore the property and turn it into a museum is $439,000; and he does not know if that is a good idea. He stated the Bovine School House is the best bet; and a parcel could be located at Viera, it would be great; and he will address the School Board if the Board thinks that is a better idea.

Chairman Scarborough stated the County will participate with the Historical Commission in the expense of the move; and the School Board could utilize it as an example of how far we have come in 100 years in Brevard County.

Commissioner Higgs suggested directing staff to look at potentials on County property, while at the same time making contact with the School Board; stated Mr. Culberson could also talk to the School Board to see if there is some way to work this out; and a report can come back to the Board.

Commissioner Voltz inquired about putting it in the Legislative Package; and stated last year the Board requested funds for the Moore home site. She stated the Board will have to find a place to put the structure. Chairman Scarborough stated it may be easier to get grant money for the structure than it was for raw land; and suggested going through the grant process first because the Legislature will not get involved unless it is demonstrated that it is impossible to get grant money. Commissioner Voltz stated funding the moving and restoration are the two things that need to be addressed. County Manager Tom Jenkins stated he was wondering if some could be done in-house with the match. Commissioner Higgs suggested letting Mr. Jenkins work on it. Commissioner Voltz stated Mr. Culberson can work with Mr. Jenkins to see about getting a grant, work with the School Board, and do whatever is needed to preserve the school house.

Commissioner O'Brien stated there is already a museum in Cocoa; with Mr. Culberson advising it is not specifically a history museum. Commissioner O'Brien enumerated various museums in the County; and inquired how many museums are there in the County. Mr. Culberson responded he knows of four museums, but none dedicated to history; and St. Lucie and Indian River Counties have spectacular historical museums as well as a number of additional museums. Commissioner O'Brien suggested centralizing the museums in the County. Chairman Scarborough stated the people would argue against that because of the difficulty in transporting children. Commissioner O'Brien stated he pictures something similar to the Visitor's Center at KFC. Mr. Culberson stated Cocoa Museum is a natural science museum; and there are occasionally some historical items, but the main thrust is natural science. Commissioner O'Brien stated there are also four conservation centers; and there is a lot of money out there. Mr. Culberson reiterated there are funds available through the Bureau of Historic Preservation to move and restore the building; matching funds can be found through other grant programs; and his main concern now is finding a place to move the structure.

Commissioner Voltz stated Mr. Culberson noted the County has spent $500,000 on the H. S. Williams House, and it is a shambles; and inquired what did the County spend the $500,000 on. Mr. Jenkins stated Parks and Recreation began to renovate the house which is an older home; he is not sure shambles is a fair description; and he does not think any money has been invested recently. He stated Mr. Nelson can report to the Board; with Chairman Scarborough advising it would be appropriate to get a report to all Commissioners on what is happening. Commissioner Voltz requested Mr. Culberson work with the County Manager to make it all work.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to report to the Board on potential locations for the Bovine School House on County property and possible funding sources, and concurrently contact the School Board about participation. Motion carried and ordered unanimously.

WARRANT LISTS

By motion and vote, the meeting adjourned at 1:55 p.m.

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

SANDY CRAWFORD, CLERK
(S E A L)