The Board of County Commissioners of Brevard County, Florida, met in regular session on August 22, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Truman Scarborough, District 1.

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

DISCUSSION, RE: ECONOMIC DEVELOPMENT WORKSHOP

County Manager Tom Jenkins stated the Board may want to consider the need to have a workshop on the proposal Commissioner O'Brien raised in terms of economic development and having companies make presentations on contracting out economic development services, specifically going out and recruiting companies to come to Brevard County; and he wanted to verify with the Board the need to have such workshop.

Commissioner Ellis inquired would it be a workshop or a set of presentations; with Mr. Jenkins responding the Board can do it either way. Commissioner Ellis requested it all be done in one meeting.

Commissioner Scarborough stated the visioning program item is on the agenda; there is marketing, advertising, and people who are preparing reports; and inquired how does the big picture come together.

Commissioner Cook stated he has no problem with the workshop and will support it; he has some of the same concerns as Commissioner Scarborough on the visioning program and how it relates to this; and the County is at the point now where money has been set aside for economic development, but it has not been specified where it will go or what form of program it would go to.

Commissioner O'Brien stated the reason he brought the issue up was so that the Board could make a valid decision during the budget process about economic development.

Chairman Higgs stated the workshop's purpose would be to have some people who were familiar with that particular way of doing economic development; they are not the County's sole providers; and they are simply providing it input. She noted the Board would look at three options for economic development, including looking at the current system with whatever modifications it would want, the potential of sending out an RFP and contracting, and pulling this in-house and doing it. Mr. Jenkins stated staff will try to coordinate the workshop with the Commission Offices.

STATUS, RE: EELS DECLARATORY JUDGMENT

County Attorney Scott Knox stated the Board asked him to report back on the EELS litigation; the Motion for Summary Judgment that the County is filing will be heard on October 18, 1995; and it should have a decision on that date.

RESOLUTION, RE: AMENDING RESOLUTION NO. 95-169, PROVIDING NOTICE TO MUNICIPALITIES WHEN THE COUNTY COMMISSION INTENDS TO ADOPT ORDINANCE WHICH SIGNIFICANTLY IMPACTS INCORPORATED AREAS OF BREVARD COUNTY

County Attorney Scott Knox stated Paul Gougelman is preparing an alternative which will be presented to him next week; and requested the Board postpone consideration of this item until such proposal is received.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to remove resolution amending Resolution No. 95-169, providing notice to municipalities when the County Commission intends to adopt an ordinance which significantly impacts incorporated areas of Brevard County, from the agenda. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE, RE: EXECUTIVE SESSION REGARDING BENN VS. BREVARD COUNTY CASE

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant permission to advertise an executive session on August 28, 1995 to discuss any final offers before going to trial regarding Benn vs. Brevard County case. Motion carried and ordered unanimously.

DISCUSSION, RE: WATER ADVISORY BOARD FOR CITY OF COCOA

Commissioner Cook stated according to the State law setting up the Water Advisory Board, two Commissioners should serve on that Board; the Cocoa City Council has taken a position to challenge the law; and inquired what is the status on it.

County Attorney Knox responded he will check on it.

Commissioner O'Brien stated the City Council turned down the request to put three County Commissioners on the Water Advisory Board for Cocoa; Representative Futch sent a letter to the Council requesting it reconsider the idea; and if it does not, there will be a call for an AGO. He noted the City's Attorney, Mr. Amari, is saying the law is unconstitutional; the City Council does not want to challenge the unconstitutionality of the law because of the expense involved; and it can either reduce its rates by 15% outside the City of Cocoa, increase its rates by 22% inside the City, add three advisory board members, mainly three County Commissioners or their designees, or try to fight the law.

Commissioner Cook inquired if the law is in effect currently, how can the City hold the law in abeyance until it decides what court procedure it wants to go into or is it mandated by law to set up this Committee. Attorney Knox responded it is presumed constitutional until a judge declares it otherwise, and the City has to follow the law.

DISCUSSION, RE: REVENUE FOR RECYCLING

Commissioner Cook stated he received a letter from Richard Rabon; it included a breakdown on what the County is currently getting on recycling and its split on the revenue generated with the recycler; and he would like to know what form of documentation staff used to come up with these numbers.

DISCUSSION, RE: ITEMS PULLED FROM CONSENT AGENDA

Commissioner Cook requested items III.A.2, III.B.3, III.D.2, and III.E.3, be pulled from the Consent Agenda.

PERSONAL APPEARANCE - NORMAN CADDELL, JR., RE: COMMENDATION RESOLUTION

Commissioner Ellis read aloud a resolution commending Norman Caddell, Jr. for 32 years of outstanding public service and wishing him well during his retirement.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution recognizing and commending Norman Caddell, Jr. for 32 years of outstanding public service, and wishing him well during his retirement. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - JACK ALLEN, LINDA KEOUGH AND MAJOR JACK PARKER, RE: COMMENDATION RESOLUTIONS

Commissioner O'Brien read aloud a resolution commending Jack Allen, Linda Keough, and Major Jack Parker for their contributions and endeavors in the Patrick McKee Fund Raising Event.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolutions recognizing and commending Code Enforcement Officer Jack Allen as Chairman, and Major Jack Parker as Co-chairman of the Patrick McKee Fund Raising Event, and Administrative Secretary Linda Keough for their endeavors that contributed to a successful fund raising event to assist a fellow employee. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING HCVAS FOR NUMBER ONE PLACEMENT IN ALS AND BLS CLINCON INTERNATIONAL COMPETITION

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution commending HCVAS paramedics Les Williams, John Arnold, Dean White and Andy Eyster, and EMT's Elizabeth Languell, Mike Strickland, Shawn Riggan, and Dawn Martin for their outstanding accomplishments and achievements in placing #1 in the ALS and BLS Clincon International Competition. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VILLAGE OF TRAMORE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Village of Tramore, subject to minor changes if necessary and receipt of all documents required for recording, and approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR VIERA F-1 HERITAGE SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract dated August 2, 1994 for Viera F-1 Heritage Subdivision. Motion carried and ordered unanimously.

CONTRACT WITH VIKTOR RUDNIZKI, RE: GUARANTEEING CONSTRUCTION IMPROVEMENTS FOR TREASURE LANE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with Viktor Rudnizki guaranteeing construction improvements for Treasure Lane, and approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACTS WITH VILLAS AT SUNTREE, INC., RE: GUARANTEEING INFRASTRUCTURE AND SIDEWALK IMPROVEMENTS FOR SUNTREE FOREST HOMES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contracts with Villas at Suntree, Inc. guaranteeing infrastructure and sidewalk improvements for Suntree Forest Homes, and approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

PERMISSION TO HOLD OUTSIDE MUSIC EVENTS, RE: MELBOURNE BEACH HILTON

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve issuance of a single event permit covering sixty (60) individual music events to be held at the Melbourne Beach Hilton from September 3, 1995 through February 28, 1996; and reduce the building permit fee of $100 per day per thousand patrons to $50 per day per thousand. Motion carried and ordered unanimously.

GRANT APPLICATION TO FLORIDA DEPARTMENT OF STATE BUREAU OF HISTORIC PRESERVATION, RE: BREVARD COUNTY HISTORY BOOK PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize Growth Management Department to submit a community education grant application to the Florida Department of State, Bureau of Historic Preservation for funds to assist in printing the second volume of the Brevard History Book. Motion carried and ordered unanimously.

RESOLUTION AND PERMISSION TO ADVERTISE PROPOSALS, RE: LANDSCAPING AND MAINTENANCE OF MEDIANS ON U.S. 1 IN MIMS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution accepting the 1995-1996 Highway Beautification Grant; authorize execution of Agreement with FDOT for U.S. Highway 1 Medians in Mims; and grant permission for Purchasing Department to advertise for proposals on landscaping and maintenance of the Mims Medians. Motion carried and ordered unanimously.

REQUEST FOR INSTALLATION OF SPEED HUMPS, RE: DELESPINE ROAD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve installation of speed humps on Delespine Road located in Section 14, Township 23S., Range 35E. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE CREATING HABITAT ROAD MSBU

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing for September 19, 1995 to consider creating the Habitat Road Municipal Service Benefit Unit in District 3. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING MERRITT ISLAND WOMAN'S CLUB

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution commending the Merritt Island Woman's Club in recognition of its Centennial Celebration and volunteer services to the citizens of Brevard County. Motion carried and ordered unanimously.

AGREEMENTS WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND DESIGNATION OF AUTHORIZED REPRESENTATIVES, RE: LOW INCOME EMERGENCY HOME REPAIR, WEATHERIZATION ASSISTANCE, AND WEATHERIZATION/LOW INCOME HOME ENERGY ASSISTANCE PROGRAMS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreements with Florida Department of Community Affairs for Low Income Emergency Home Repair Program, Weatherization Assistance Program, and Weatherization/Low Income Home Energy Assistance Program; and designate Jasper Trigg, Assistant Department Director and Elizabeth Swanke, Special Projects Coordinator III as the County's authorized representatives to sign, make changes, and execute necessary Program documents on behalf of Brevard County. Motion carried and ordered unanimously.

PERMISSION TO SUBMIT HISTORIC PRESERVATION GRANTS-IN-AID APPLICATION TO FLORIDA DEPARTMENT OF STATE, RE: RENOVATION TO H. S. WILLIAMS HOUSE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize submittal of a $50,000 Historic Preservation Grants-in-Aid application to Florida Department of State for renovation of the H.S. Williams House. Motion carried and ordered unanimously.

WAIVER OF ALCOHOLIC BEVERAGE REGULATIONS, RE: UNITED STATES SLOW-PITCH SOFTBALL ASSOCIATION WORLD SOFTBALL TOURNAMENT AT STRADLEY PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive provisions of Article V, Section 18-104(2), to allow for the sale/possession/donation of alcoholic beverages at the United States Slow-pitch Association World Softball Tournament at Stradley Park on September 1 through 4, 1995. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: SPACE COAST GOSPEL SING AT FOX LAKE PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive provisions of Article IV to allow musical entertainment at the Space Coast Gospel Sing at Fox Lake Park on August 26, 1995, subject to the sponsors providing commercial general liability insurance and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING FIRE FIGHTER'S APPRECIATION WEEK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution proclaiming August 28 through September 4, 1995 as Fire Fighter's Appreciation Week. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION TO FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RE: ANNUAL TRUST/GRANT AWARD FOR EMERGENCY MEDICAL SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution authorizing application for the annual HRS Trust/Grant Award of approximately $123,405. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH WUESTHOFF HEALTH SYSTEMS, INC., RE: LEASE OF BUILDING FOR ROCKLEDGE RESCUE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Lease Agreement with Wuesthoff Health Systems, Inc. for a building to operate Rockledge Rescue at $10.00 a year, from October 1, 1995 to September 30, 1997. Motion carried and ordered unanimously.

RESOLUTIONS AND JOINT PARTICIPATION AGREEMENTS WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: SCAT BLOCK GRANT FUNDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolutions and execute Joint Participation Agreements with Florida Department of Transportation for Space Coast Area Transit Block Grant operating and capital assistance funds for 1996 of $1,207,383. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH SPACE COAST ADVERTISING CONSORTIUM, RE: BUS ADVERTISING FOR SCAT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Space Coast Advertising Consortium, Inc. to renew the current Agreement by exercising the option for an additional three years, from October 1, 1995 through September 30, 1998 for bus advertising for SCAT. Motion carried and ordered unanimously.

AGREEMENT WITH BIBLIA FELLOWSHIP CHURCH, INC., RE: SCAT SERVICES TO BIBLIA CREATIVE CARE ADULT DAY CARE CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Biblia Fellowship Church, Inc. for SCAT services to its Creative Care Adult Care Center from October 1, 1995 through September 30, 1996 at a cost of $19,083.60 to Biblia Creative Adult Care Center. Motion carried and ordered unanimously.

CONTRACT/GRANT REVIEW FORM WITH FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF VOCATIONAL REHABILITATION, AND AUTHORIZATION FOR CHAIRMAN TO EXECUTE AMENDMENTS OR ADDENDUM, RE: SCAT TRANSPORTATION SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract/Grant Review Form with Florida Department of Labor and Employment Security, Division of Vocational Rehabilitation, for SCAT transportation services; and authorize the Chairman to execute any necessary amendments or addenda, contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

AUTHORIZATION FOR CHAIRMAN TO EXECUTE CONTRACT RENEWAL WITH DELTA DENTAL, RE: TWO-YEAR RATE GUARANTEE FOR EXTENSION OF DELTA CARE PRE-PAID DENTAL PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the Chairman to execute Contract renewal with Delta Dental for two-year rate guarantee for extension of Delta Care Pre-paid Dental Program. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-2-5-78, RE: COCOA WEST BALLFIELD LIGHTING

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to award Quote #Q-2-5-78, Cocoa West Ballfield Lighting, to Dixon Electric at $24,950. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT NO. 4 WITH HELLMUTH, OBATA & KASSABAUM ARCHITECTS, INC. FOR DATA AND TELECOMMUNICATION SYSTEM FOR HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement No. 4 with Hellmuth, Obata & Kassabaum in the amount of $17,760 for the design of the data and telecommunication system for the Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

CHANGE ORDER NO. 6 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 6 to Agreement with Brown & Root Building Company for Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

CHANGE ORDER NO. 8 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 8 to Agreement with Brown & Root Building Company, decreasing Guaranteed Maximum Price by $366,875 for construction of the Harry T. and Harriette V. Moore Justice Center; and authorize transfer of those funds to the direct purchase account. Motion carried and ordered unanimously.

RELEASE OF RETAINAGE AND FINAL PAYMENT TO HEARD CONSTRUCTION, INC., RE: SCAT CENTRAL TRANSIT FACILITY ADDITIONS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve release of retainage and final payment of $17,847.44 to Heard Construction, Inc. for SCAT Central Transit Facility additions. Motion carried and ordered unanimously.

PETITION, RE: REQUESTING VACATION OF PRIVATE EASEMENTS ON PROPERTY ADJOINING CENTRAL DISPOSAL FACILITY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve petition requesting vacation of private easements on property adjoining Central Disposal Facility. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint Charles Maxwell, 140 Minna Lane, Merritt Island, Florida 32953, to the Merritt Island Redevelopment Agency replacing Alfred Cantwell, with term of appointment expiring November 16, 1996. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ESTABLISHING RATES FOR EMERGENCY MEDICAL SERVICES ASSESSMENT

Chairman Higgs called for the public hearing to consider a resolution establishing rates for Emergency Medical Services Assessment.

County Manager Tom Jenkins advised this is a continuation of the same rates the County has currently; during the next year, it will be looking at the whole rate structure; but for this year, staff is recommending the Board keep the same rates in place.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution establishing rates for Emergency Medical Services Assessment; providing a specified service area; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING ANNUAL SOLID WASTE DISPOSAL, COLLECTION AND RECYCLING SPECIAL ASSESSMENT, SOLID WASTE IMPACT FEE, AND ANNUAL DISPOSAL, COLLECTION AND RECYCLING SPECIAL ASSESSMENT ROLLS

Chairman Higgs called for the public hearing to consider resolutions adopting annual solid waste disposal, collection and recycling special assessment, solid waste impact fee, and annual disposal, collection and recycling special assessment rolls.

Commissioner O'Brien inquired if there is no increase recommended by staff, can there be a decrease; with Solid Waste Management Director Richard Rabon responding affirmatively.

County Manager Tom Jenkins stated the County cannot reduce the collection because staff just reported last week that it is hardly going to have enough money to pay the collection.

Mr. Rabon advised there are three different resolutions, including collection, recycling and disposal; the collection MSBU rates cannot be reduced; the County is currently at $84.25; and based on a meeting last Tuesday to discuss a loan from the disposal program to the collection program, the County may want to consider supplementing that to provide for removal of the Hurricane Erin debris. He stated the disposal rate which is currently $61.00 per single family home does include a percentage that is used to fund the Capital Improvement Program with cash rather than through debt which had been the case in past years; and if the Board wants to reduce the reserve fund, it can do so. He noted the recycling program is a $15.00 per year fee which has been the same for the past five or six years; it is sufficient to support the program; there is some small reserve there; however, that rate is dependent upon the County continuing to receive grant funds from the State; should it not, then that rate would not be sufficient; and recommended that rate not be reduced either.

Commissioner O'Brien stated disposal assessments and charges could be reduced; with Mr. Rabon responding yes. Commissioner O'Brien noted the waste collection assessments cannot be reduced; with Mr. Rabon responding that is correct and the Board may want to consider an increase to pay for hurricane damage. Commissioner O'Brien stated waste impact fees cannot be reduced; with Mr. Rabon responding it is up to the Board. Mr. Rabon advised the impact fee has been in existence since 1987; currently, that impact fee is $160 per home; and it is used to fund a portion of the Capital Improvement Program as well. Commissioner O'Brien noted staff is not recommending the waste recycling assessment be reduced; with Mr. Rabon responding that is correct.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to accept staff's recommendations for Items 2, 3 and 4, and continue Item 1 until Mr. Rabon can report back to the Board with a solid number for reduction in solid waste disposal assessments.

Commissioner Ellis stated he does not support Item 3; he has been through it the last couple of years; and the impact fees for solid waste are too high. Commissioner Cook noted the Board can table Items 1 and 3 if there are concerns.

Commissioner Cook withdrew the second to the motion.

Commissioner Scarborough stated the Board should consider continuing all the resolutions for its discussion after Mr. Rabon provides the requested additional information.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue public hearing to consider resolutions adopting annual solid waste disposal, collection and recycling special assessment, solid waste impact fee, and annual disposal, collection and recycling special assessment rolls until September 12, 1995.

Andrea Dinkins, 2021 Johns Road, Apopka, stated she is the property manager for Demetree Enterprises; it is Atlantic Plaza Shopping Center; the fees increased from $4,900 in 1993 to $16,000 in 1994 due to the change made last October in the collection of the dump fee for the 40-yard compactors that a lot of the supermarkets have; she has talked to Solid Waste staff which has given her the breakdown on how it arrived at the increase in taxes; and requested the Board go back to the previous rate. She noted if that is not possible, perhaps the County can include in the ordinance that the actual generator of the garbage is the one who gets the bill eventually; and as it is now, it comes to the property owner.

Chairman Higgs requested Ms. Dinkins send a brief letter to the Board citing what happened, what the County did, and the results of it.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 94-05, CABLE TELEVISION TO DELETE F.C.C. CERTIFICATION RULES AND REGULATIONS CONCERNING BASIC TIER RATE REGULATION

Chairman Higgs called for the public hearing to consider an ordinance amending Ordinance No. 94-05, Cable Television, to delete F.C.C. Certification Rules and Regulations concerning basic tier rate regulation.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Ordinance amending Chapter 30 of the Brevard County Code entitled "Cable Communications"; specifically amending Chapter 30, Section 30-3, to delete language regarding rate regulation, Chapter 30, Section 30-24, to delete those portions regarding rate regulations; and providing for an effective date. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

COMMENCEMENT OF MINIMUM SECURITY FACILITY EXPANSION PROJECT, PERMISSION TO BID CONSTRUCTION, AND TASK ORDER NO. 2 WITH STOTTLER STAGG CORRECTIONS GROUP, INC., RE: DETENTION CENTER

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve commencement of the 120-bed minimum security facility expansion project, utilizing correctional impact fee revenues and approved expenditures by the Sheriff's Office to complete facility expansion of the storage and laundry warehouses; grant permission to bid construction for the build out and interior improvements; and execute Task Order No. 2 with Stottler Stagg Corrections Group, Inc. for the Detention Center. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to prepare an agenda item for October 10, 1995 to discuss jail expansion. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: NEW ZONING CLASSIFICATION FOR WEST CANAVERAL GROVES

Commissioner Scarborough stated there are several different options on how to proceed; it has been his preference to create an entirely new zoning classification and put a lot of "whereas" clauses up front indicating this is a unique situation, there are some economic hardships that could occur, and if individuals are displaced they are put in public housing; and there are a number of issues involved.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Option A.1, to direct staff to develop a new zoning classification for West Canaveral Groves incorporating actions taken by the Board regarding said classification. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Option B.2, minimum living area of 400 square feet to permit park trailers, under minimum living area of structure category for specific zoning requirements for new zoning classification. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Option B.1, no limit to maximum size of attached additions to mobile homes, under attached additions category for specific zoning requirements for new zoning classification. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Option B.1, permit agricultural uses, including grazing of animals, as an accessory use, under farm animals category for specific zoning requirements for new zoning classification. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Option B.1.A, no limit to maximum size of accessory structures, under accessory structures category for specific zoning requirements for new zoning classification. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to permit a 25-foot setback to be utilized when the accessory structure is utilized for housing animals. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Option B.1, permit accessory-type structures, such as sheds, as principle structures, under accessory-type structures without principle structure category for specific zoning requirements for new zoning classification.

Chairman Higgs stated she is not going to support the motion; and she is interested in accommodating the people who live there and this being a place for people to live.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to report back to the Board with the appropriate ordinances to be considered before advertising; and re-evaluate Ordinance No. 94-26 and return to the Board with recommendations before proceeding further.

Chairman Higgs inquired does the Board need to act on the administrative rezoning today; with Ms. Busacca responding negatively. Ms. Busacca recommended the Board also not take action on the rezoning fee waiver today.

PERSONAL APPEARANCE OF MALCOLM MCLOUTH, CHAIRMAN OF CANAVERAL PORT AUTHORITY COMMISSION, RE: PLANNED BEACH IMPROVEMENT PROJECT

Malcolm McLouth, Chairman of the Canaveral Port Authority Commission, stated the first issue relates to the Port Authority's success in obtaining a 75% matching fund grant for various beach improvement projects; the Authority received a grant from the State of Florida approximately one month ago for $647,500; it has been working with the TDC; and it included some monies for the County in its evaluation of this grant. He noted since the Corps of Engineers is performing a three-year study and the TDC has been funding the County's portion of this, the Authority was successful in using that as part of its application to the State; and it is going to transfer to the TDC $142,500 which it can put back into its beach sinking fund for correction of erosion on the beaches. Mr. McLouth stated one of the reasons the Authority was successful with the State is due to the leverage it has in all of its projects as far as federal and Port grants; the grant is a fairly complex one; included is the Brevard County feasibility study; and there are other small grants. He advised the Authority was successful in doing this; and it wanted to tell the County that it will be transferring this money which will come from the State. He noted every year there are a number of grants that are authorized by the State; the Legislature put in approximately twice as many; the Governor vetoed a number of them; but the Authority's grant was not one of those; and it was successful.

Bob Lawton, member of the TDC Beach Improvement Committee and Chairman of the Beach Erosion Control Advisory Committee, stated both Committees have been working very hard over the past several years toward getting beach sand to restore the beaches; it is a long process; there are a lot of Corps of Engineer studies that have to be done; and the money they are talking about this morning was part of the funds that were spent in conjunction with the federal government on a 50-50 match to conduct an approximately $900,000 series of studies. He noted this year the TDC put in $190,000; the 75% return of $142,000 is a state match, through cooperation of the Port; and it is a credit to the County and the Port that there is this kind of cooperation which will bring the state and federal funds back in to help support the project. Mr. Lawton stated they are nearing the final phases and hope to continue to return this kind of money to the TDC funding so when the time comes the project will be approved for putting sand on the beach; that is going to be a very large project of approximately $50 million; and hopefully, 50% will come from the federal government, 75% of the remaining 50% will come from the state government through grants such as this, and the remainder will come from TDC funds. He noted the funding concept is in place; but it is only through the cooperative efforts with the Port and others that they are going to be able to get this accomplished.

Mr. McLouth stated the second issue he wanted to discuss was the Port's relationship with the County in regard to the three parks in Port Canaveral which are currently leased to Brevard County; the problem started about a year and a half ago when the Jaycees did a study which included Jetty Park; the facilities had deteriorated to the point where the Jaycees were concerned that people would not get the full benefit of one of the nicest locations in the State of Florida; and the Port took the information and met with County staff. He noted the Port did its own study; it had a consultant do a detailed study of the facilities in all three parks; the Port did some upgrade to one of the parks; and Jetty Park continues to be a problem and has deteriorated. Mr. McLouth stated County staff indicated it did not know where it would get the funds to refurbish such Park; the Board inquired if the Port would like to take the parks back and do something with them; the Port indicated its interest in refurbishing the parks, particularly Jetty Park; and the Port Commission agreed to start negotiations with the County to take the parks back and upgrade them. He advised the Port Commission authorized him to offer to the County to buy back this Park; the monies could be used to pay back some of the investment the County has made in Jetty Park subsequent to the leases; the Port has put approximately $2 million into the other two Parks; the County has an investment in Jetty Park; and the Port is willing to offer to the County $75,000 to transfer the Park back. Mr. McLouth explained the planned beach improvement projects and requested approval from the Board for the Port to purchase three County-operated parks in Port Canaveral. He advised the Port Authority proposes, assuming it can work out an agreement with Brevard County, to start its master planning the first of October, 1995; it has a consultant on board; the Authority would develop and advertise an RFP; such RFP would be for a company to privatize the three parks; and a selection would be made in June, 1996. He requested the County continue operation of the parks during the 10-month period. He stated in August, 1996, the Port would have a contractor on board; the final construction plans would then be done; and the Port is dedicated to spend whatever is necessary to bring Jetty Park up to standards. Mr. McLouth stated this is a win-win situation for the public; the money returned to the County could go back to the District 2 recreation people who spent that money; they could take this money and develop other parks in the area; and the Port does not have a problem returning these monies for development of other parks in the area.

Commissioner O'Brien stated the County also owns a 12.73 acres south of Jetty Park which was purchased for $862,000; and it would like to include that in a lease agreement with Port Canaveral. Mr. McLouth stated the Port would like to have that and include it in its park planning. Commissioner O'Brien stated his biggest concern was public access to the beach and the jetty; and he is hoping the Parks and Recreation staff, and the Port Commission can work out the details so the public has complete and good access to the beach.

Commissioner Cook stated he would be happy to look at any agreement; the specifics would be important to him; this is probably the best location in Florida; and he knows the Port will do a good job with it. He noted he does not know why the Park ended up in such disrepair and whether the County should invest the money to upgrade the Park and recoup its money through Jetty Park or give it to the Port to go out to RFP; he is happy to look at the Port's proposal; but there would have to be certain specifics with public access and so forth. He noted the Board has to decide whether it wants to invest the money to upgrade the Park and keep it as a County park, and meet the criteria that the Port is requesting the County meet. He noted those are two things that have to be decided before the Board takes any position.

Commissioner O'Brien stated here is an opportunity for the Port to spend some money mainly for public access to one of the best beaches in the County; and it can make a great contribution to its community at large by expending its funds which will probably be in excess of $3.5 million.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to begin negotiations with the Port to return three County-operated parks at Port Canaveral to the ownership and authority of Port Canaveral, accept $75,000 for improvements made by the County at Jetty Park, and report back to the Board on September 12, 1995 on the possibility of leasing 12.73 acres of County-owned property south of Jetty Park to Port Canaveral. Motion carried and ordered unanimously.

The meeting recessed at 10:41 a.m.

The meeting reconvened at 10:56 a.m.

PERMISSION TO ADVERTISE, RE: ORDINANCE RELATING TO FENCE HEIGHT RESTRICTIONS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise a public hearing for September 26, 1995, to consider an ordinance increasing fence heights for agricultural and industrial properties. Motion carried and ordered unanimously.

CHANGE ORDER NO. 13 TO AGREEMENT WITH MACASPHALT, INC., RE: WICKHAM ROAD WIDENING PROJECT, PINEDA CAUSEWAY TO I-95

Commissioner Cook stated he has no problem except with the reduction in retainage; and he will move the item with reduction in retainage being removed.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Change Order No. 13 to Agreement with Macasphalt, Inc. for Wickham Road Widening Project, from Pineda Causeway to I-95, increasing cost by $10,603 and time by five days for irrigation power drops, Pinehurst South sidewalk elevation, Suntree HOA sign relocation, reuse main upgrade, steel casing overrun, irrigation valves, and modifications to Structures D-173 and D-63; and deny reduction on contract retainage. Motion carried and ordered unanimously.

REQUEST FOR FUNDING, RE: COUNTYWIDE VISIONING PROGRAM

Pat Tweed, 904 Wavecrest Avenue, Indialantic, representing Melbourne-Palm Area Chamber of Commerce, urged the Board's support for participating in the visioning process; stated as part of any planning process, you must have a vision of where you are going in order to plan; and she understands the County needs to do something along these lines as part of the Comprehensive Plan. She advised this process was started by the Council of Chambers, but has grown and is now a community-based, broad based group; and it would like to include County government.

Commissioner Scarborough inquired how does this correlate with doing the EDC report. Legislative and Community Affairs Director Greg Lugar responded the visioning process is for an extended period of time and is a comprehensive look-see at Brevard County's assets and liabilities that should look into the industrial business base, however, not to the detail that a marketing strategy plan would do. He noted the marketing plan is looking at the assets and liabilities of the industry to try and expand on as well as relocate into Brevard County; and it would want to look at specific assets such as the labor market. Commissioner Scarborough inquired is there a duplication; and if the County does the visioning, should it incorporate some of the data that is going to produced from the economic development side to these individuals so it will not have to be done twice.

Chairman Higgs stated she does not see it as a duplication; she sees one as a community planning effort; there are spin-offs in the economic effort that the County needs to vision what kinds of businesses are most likely to succeed here and what kinds of businesses does it want; and that is also important.

Commissioner Scarborough stated he hopes when it is all over that the County has something that is real and has not bought a lot of stuff that it is not going to use.

Commissioner Cook stated he has the same concerns and would like to consider this as part of the economic development workshop; a lot of these issues are interrelated; sometimes this type of information is used as a catalyst for all sorts of new government programs; and that is not the direction he wants to go. Chairman Higgs reiterated she does not believe it is a duplication, and it will not be used to push programs.

Commissioner Ellis stated the Board voted to set aside $300,000 for economic development; and that is where the $15,000 should come from.

Commissioner O'Brien stated he cannot support that; the Board made a good faith motion which passed concerning this; if it is going to discuss it at this time, then it needs to discuss the whole thing at the workshop; and suggested the Board table the item until said workshop.

County Manager Tom Jenkins stated while there would be this visioning process going on in total, what the County is going to get from it would be a specific hard product which tells it what the community's position is on a number of these spending issues.

Commissioner Cook stated the County gets direct community input every two years at election time; his concern is not that this is a bad process, but that it could be another book on the shelf and not have much relationship to what the County may do for the future; however, he is willing to consider it.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table request for funding for Countywide Visioning Program until the September 19, 1995 Economic Development Workshop at 3:00 p.m. Motion carried and ordered; Commissioner Higgs voted nay.

PERMISSION TO ADVERTISE, RE: ORDINANCE RELATING TO PRE-EXISTING USE

Chairman Higgs stated this is in regard to the pre-existing use change of definition which would allow the three existing hotels/motels that fell outside of the existing pre-existing use possibilities to be considered.

Assistant Growth Management Director Peggy Busacca advised Chairman Higgs is correct; and the other changes are all housekeeping in nature.

Chairman Higgs advised she has no problem with this as it is currently drafted.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to grant permission to advertise public hearing for September 26, 1995 to consider ordinance relating to pre-existing use. Motion carried and ordered unanimously.

CLARIFICATION OF INTENT, RE: RESOLUTION NO. Z-9448, DRIVEWAY ACCESS TO WICKHAM ROAD

Zoning Official Rick Enos stated the Board approved an amendment to a stipulation that limited access to Wickham Road; the amendment allowed the extension of Cabot Court which now terminates north of Wickham Road to connect to Wickham Road with a right-in/right-out access; there has been a question as to the intent of that stipulation; and the effort here is to clarify that. He noted the County has a site plan that an applicant has submitted that rather than extending Cabot Court entirely through to Wickham Road, provides for a private driveway to Wickham Road; it is still a single access point and a right-in/right-out, but it is not an extension of Cabot Court; the parcel would still access Cabot Court to the north, so there is a connection, but it is not exactly the same as what the stipulation was.

Commissioner O'Brien stated he spoke with Messrs. Enos and Osborne; part of the problem is if the County takes the road from Cabot Court to Wickham Road, it has created a street between the parking for the restaurant and the restaurant itself; if they come from the east along the south side of the building, they would have direct access into the parking lot for the restaurant without affecting traffic on Wickham Road; and the Board passed the action back then so there would be fewer encumberances upon traffic flow on Wickham Road. He noted he is concerned about the safety issue if that street is taken to Wickham Road from Cabot Court.

Commissioner Cook stated the safety issue was one of the primary concerns; he does not have a problem making it a driveway from the properties, but apparently there is continual concern among staff and others on having it a straight through street; the restaurant customers would have to cross the parking area in order to get to the restaurant; and Mr. Osborne has suggested that the parking could be included to cut it off as a straight through route.

Traffic Engineering Director Billy Osborne stated this is his concern; and he had addressed the issue of redesigning or modifying the parking lot in some manner to provide an access to Cabot Court, but still allowing the parking lot to be on the same side of the driveway as a restaurant.

Mason Blake stated the previous zoning classification limited access of this parcel to Wickham Road; they asked for removal of that restriction and presented staff with data and analysis concerning the most intense ramification of removing that restriction which was to bring Cabot Court all the way to Wickham Road; they did not intend to have as a requirement of the removal of the restriction that they shall bring Cabot Court to Wickham Road as a public road; and they simply intended to remove the restriction saying they would not have any connection to Wickham Road. He advised the resolution refers to a memorandum from Mr. Osborne regarding the conceptual plan they gave staff which indicated the most intensive ramification of this change which included Cabot Court being extended as a public road; and Mr. Osborne's memorandum includes a stipulation which was included in the resolution which was that given this conceptual plan, they will internally access Cabot Court. He stated there will only be one connection to Wickham Road from this parcel of property; that is essentially what this site plan does; and it simply provides for one connection from this piece of property to Wickham Road. Mr. Blake stated as to the safety issue, different people can disagree about what is safe or not safe; his staff believes the site plan, which was submitted by a contract purchaser from his company, makes the most sense and is the safest because there will be some local traffic not using the restaurant which will utilize that as a short cut; and it will make them weave around the parking lot which is less safe than going straight through. He noted neither his company nor the contract purchaser would object to staff's recommendation as to moving the parking, although they believe the plan as submitted is the safest.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to clarify the intent of Resolution Z-9448 to include right-in/right-out driveway access to Wickham Road. Motion carried and ordered unanimously.

DISCUSSION, RE: LAW LIBRARY

Chairman Higgs requested Joan Madden summarize what the Law Library is recommending and then what staff is recommending.

Assistant County Manager Joan Madden responded the staff recommendation is not necessarily different from the Law Library's recommendation which is to make possible and offer an efficient well-equipped and adequately staffed Central Law Library, and offer adequate law library services in each location. She noted the decision of the Law Library Board of Trustees was that it needed to sacrifice convenience for the few in order to provide the type of comprehensive law library service from a new central courthouse that it has desired to offer; generally, that coincides with what staff had proposed; and the law libraries would be consolidated at the new Harry T. Moore Justice Center and some collections of law books would be housed at both the North Brevard Library and the Melbourne Library. She noted there is a very small collection at the Central Reference Library, but it could be expanded; and it would include some training of reference librarians in the public library to help patrons.

Commissioner Cook stated this makes sense; and it is what the Bar Association is requesting.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve staff recommendation to consolidate the law libraries at the new Harry T. and Harriette V. Moore Justice Center, house collection of law books at the North Brevard and Melbourne Libraries, expand collection of law books at the Central Reference Library, and train reference libraries in the public libraries to help patrons.

Commissioner Ellis stated if the County is going to have one law library, then it does not need more law librarians; and it does not make sense to him why there needs to be additional staff.

Ms. Madden stated there was one additional staff position requested in this year's budget; and it was an unfunded staff position.

Commissioner Ellis inquired how many funded positions will there be in the law library if there is one library. Ms. Madden responded there are three and a half law librarian positions and a half time clerical backup; so there are essentially four positions and one of those is split into one half time professional and one half time clerical. Commissioner Ellis stated if the County is consolidating, then it should not need that many employees; and that would be the benefit of consolidation. Ms. Madden noted it is something that can be reviewed. Ms. Madden stated the law librarian, who also serves as the administrator of this project, works full time on the floor of the library; as the County moves to consolidate and everyone comes into the Central Library, staff is projecting it is going to need two people up front at all times; and some additional hours have been proposed which may mean closing on Monday and opening on Saturday. She noted those have not been nailed down until staff gets direction from the Board as to how it should proceed.

Chairman Higgs stated if the Board approves this plan today, it still has to approve the budget; the extension of hours and the personnel issues could be clarified prior to the final budget hearing; and she wants to see additional hours, which are non-traditional work hours, for this library.

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

AGREEMENT WITH COUGAR RIDGE PROPERTIES, INC., RE: WATER SUPPLY AND WELLFIELD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Cougar Ridge Properties, Inc. for water supply and wellfield at estimated cost of $375,000. Motion carried and ordered unanimously.

CHANGE ORDER NO. 7 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Commissioner O'Brien expressed concern with increasing the thickness of the parking base to accommodate future bus traffic; and stated in the original planning, these little details were overlooked. Facilities Construction Director Joseph Vislay stated this is just an option to the Board to consider should traffic patterns change and future development dictate there be a bus stop; it may make sense to have bus traffic through the Justice Center as opposed to where staff planned it on the adjacent boulevards; this change is not mandatory and is strictly an option for the Board to consider should there be a need; and the facility is designed adequately and will function without any problems.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to deny Change Order No. 7 to Agreement with Brown & Root Building Company to increase thickness of parking base to accommodate future bus traffic at the Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

PERMISSION TO PREPARE LEGAL DOCUMENTS, RE: REFINANCING UTILITY SYSTEM REVENUE BONDS, SERIES 1986

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize staff to prepare the necessary legal documents to refinance, in whole or in part, the Utility System Revenue Bonds, Series 1986, and to market the refinancing at such time as the amount of savings to the County is sufficient under County refunding guidelines to proceed. Motion carried and ordered unanimously.

AUTHORIZATION TO PUBLISH REQUEST FOR PROPOSALS, RE: PPO/INDEMNITY DENTAL PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize Office of Human Resources to publish Request For Proposal for voluntary dental program permitting participants to select any dentist; and appoint a Selection Committee of Chairman Nancy Higgs, Tom Jenkins, Kathy Wall, C. W. "Jake" Miller, Sandy Crawford, Jim Ford, Rod Northcutt, Fred Galey, the Port Canaveral Director of Administration and Finance, and Frank Abbate to review submitted proposals and make a recommendation to the Board. Motion carried and ordered unanimously.

PERSONAL APPEARANCE OF GERALDINE WALLACE, RE: ALLEGED ZONING VIOLATIONS OF THE SOD DEPOT

Geraldine Wallace, 42 Katherine Boulevard, Melbourne, stated she represents residents of Katherine Boulevard; and they feel that The Sod Depot is in the wrong area as it operates heavy equipment. She presented pictures to the Board for its review. She noted the sod is stacked against the fence which is 15 feet from her house; the heavy equipment goes in and out of Katherine Boulevard continuously; The Sod Depot is there under BU-1 zoning; but under BU-1 zoning, someone can only temporarily use heavy equipment; and such equipment is used all the time by the company. She advised the neighbors should not have to put up with this; and there are other locations for this kind of business. She stated the Board should review and revoke the license for The Sod Depot to operate on that corner.

Commissioner Cook inquired is there a Code violation on this; with Ron Burch, Code Enforcement, responding not at this time. Mr. Burch stated the complaint went to the Code Enforcement Board in January, 1995; The Sod Depot was brought into compliance in February, 1995; and since that time, Brevard County has received one complaint. He noted Code Enforcement is doing random monitoring of it to insure compliance; and that is for parking of heavy equipment overnight. Ms. Wallace stated this says The Sod Depot cannot use heavy equipment; and such business is using the equipment.

Chairman Higgs stated the Code reads, "Commercial motor vehicles and heavy equipment shall not be permitted to be parked or stored in any BU-1-A or BU-1"; and she does not see the word "used."

Chairman Higgs inquired is this going to the Code Board; with Zoning Official Rick Enos responding it has already been to the Code Board, but he does not know what the status of that issue is now. Mr. Enos stated it is true that commercial motor vehicles and heavy equipment cannot be parked or stored on this site; but it further states that they can be temporarily utilized on the site in conjunction with a lawful or permitted activity or in the process of expeditiously loading or unloading goods or merchandise; the use of the property is certainly permitted; and the question is the operational aspects of this and whether they meet the performance standards, noise requirements, and the section on parking and storing motor vehicles. Chairman Higgs stated she is of the same opinion as Mrs. Wallace that the Zoning Director's interpretation would not be consistent with what she reads; in reading the intent under the performance standards, she believes there are applicable terms there that should be applied in this situation; and the County should waive the Board of Adjustment fee for Mrs. Wallace and allow her to bring this forward to such Board. She noted the proper thing to do is to get this before the Board of Adjustment to review it and the County can see if there is still a problem.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to acknowledge comments by Geraldine Wallace regarding alleged zoning violations of The Sod Depot; and waive the Board of Adjustment fee for Mrs. Wallace. Motion carried and ordered unanimously.

APPROVAL, RE: ESTABLISHMENT OF NANCY STUEBEN VOLUNTEER'S MEMORIAL MINIPARK AT MERRITT ISLAND GOVERNMENT COMPLEX

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve establishment of Nancy Stueben Volunteer's Memorial Minipark at Merritt Island Government Complex, effective 12 months after Ms. Stueben's demise. Motion carried and ordered unanimously.

TRANSITION POLICY, RE: ADMINISTRATION OF TRANSFER OF OFFICE BETWEEN OUTGOING AND INCOMING COUNTY COMMISSIONERS

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct the County Manager to prepare a draft transition policy for consideration by the Board to cover the administration of transfer of office between outgoing and incoming County Commissioners. Motion carried and ordered unanimously.

PERSONAL APPEARANCE OF KEN FRIEDLAND, RE: NOISE ORDINANCE

Motion by Commissioner Cook, seconded by Commissioner Ellis, to allow the Personal Appearance of Ken Friedland regarding the Noise Ordinance to be heard at this time. Motion carried and ordered unanimously.

Attorney Ken Friedland, 509 Palm Avenue, Titusville, stated he represents the Wenzels; they have a problem with the Noise Ordinance; they have a dog kennel in the Palm Shores area that has been in operation since 1987, and is properly permitted and in industrial zoning. He advised several years ago, a residential area was developed nearby which resulted in a complaint recently from a homeowner because they could hear the dogs barking at the dog kennel; this was not brought before Code Enforcement; instead, a deputy sheriff cited Mr. Wenzel with a violation of the County Noise Ordinance which is a criminal misdemeanor; and it is now pending in County Court. He stated he has reviewed the Ordinance and spoke with Commissioner Ellis about it briefly; there is an exception which the Board passed with regard to industrial zoning, but it only applies to equipment and machinery noise; it does not cover this type of situation; the Wenzels have invested their life savings in this business; and they are looking for some type of relief. He noted the only thing he can think of would be an exception to the Noise Ordinance to include the noise generated in the normal course of business for a business that has been lawfully permitted, properly zoned, etc. Attorney Friedland stated this is an on-going business; it is a very nice one; they provide a valuable service; the person who complained moved to the area and should have known the business was already there; and the Wenzels are looking for the Board's guidance as to whether it agrees that they need some type of relief and if the County can draft something along those lines.

Commissioner Ellis stated the whole thing is absurd; the kennel has been there 10 years; and for such kennel to be cited under the Noise Ordinance is ludicrous. He noted if it was Code Enforcement, the County could hold it in abeyance; but it is a citation from the deputy sheriff.

Attorney Friedland advised the State Attorney is willing to work with him and hold it off until the problem can be resolved; and the business could be cited every day with a new criminal violation.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct the County Attorney to prepare an ordinance amending Ordinance No. 93-09, regulating noise, as amended by Ordinances No. 94-01 and 95-14, to allow exemptions for noise generated in the normal course of a business that has been lawfully permitted and properly zoned, particularly exempting animals in IU zoning classifications; and advertise same for a public hearing. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to include allowing kennels to operate in AU zoning classification. Motion carried and ordered unanimously.

The meeting recessed at 12:13 p.m.

The meeting reconvened at 1:16 p.m.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING RIGHTS-OF-WAY IN PLAT OF SHORES HOLDING - CANAVERAL PORT AUTHORITY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution setting public hearing for September 12, 1995 to consider vacating rights-of-way in Plat of Shores Holding as petitioned by Canaveral Port Authority.

Commissioner Cook stated he does not see what the rush is; the item was continued to a public hearing in October, 1995 and did not require readvertising; it will cost money to readvertise the public hearing for September, 1995; and he cannot support the motion.

Commissioner O'Brien advised the Canaveral Port Authority is in a hurry to take care of this as it has plans.

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

PERSONAL APPEARANCE OF KEN HOLLIFIELD, RE: REVIEW OF DANGEROUS DOG ORDINANCE

Ken Hollifield, 2739 Burke Court, Cocoa, stated what he would like to see is an amendment to the Brevard County Codes which would afford the dog owner an avenue by which a dangerous classification could be lifted after a certain time period and under certain stipulations; and currently there is no provision to do this. He stated his reasons for this amendment would be as follows: (1) a dog was declared dangerous as determined by the Animal Control officer or supervisor. He noted the dog may not deserve this harsh of a judgment; in his case, the incident occurred on his property, in his garage, and the victim had entered uninvited through a latched gate with a "beware of dog" sign posted on it. He noted other reasons include: (2) dogs declared dangerous must be neutered, and in most cases, will not be as aggressive after that; (3) a dog generally becomes less aggressive with age; (4) the owner themselves become more educated about the responsibilities as a dog owner; and (5) an extreme hardship is imposed on the dog owner in the event he or she is forced to leave the state for employment reasons. Mr. Hollifield stated in his particular case, he was offered a position in Atlanta, Georgia which would have been a career advancement, but was unable to accept it due to the restrictions imposed by the present codes; after two years, if the dog has had no further incidents and the owner has complied with all the regulations, consideration should be given to lifting the dangerous classification; other less restrictive regulations could be imposed at that time and the owner would be expected to continue handling the animal in a responsible manner; and requested the Board address this deficiency in the current codes as soon as possible.

Commissioner Ellis stated Mr. Hollifield should have a way to appeal later on; and it does not make sense to him why the dog would be considered dangerous if he bit somebody on his property.

Mr. Hollifield stated that is determined by the Animal Control officer and also if there is a sworn affidavit by the person that was bitten that the dog should be declared dangerous. He requested there be a subsequent review process.

Commissioner Ellis stated there should also be some kind of appeal process that if a dog is classified as dangerous and there are extenuating circumstances such as this one, the owner should be able to appeal that classification as dangerous.

Mr. Hollifield stated he did that and went to court as they confiscated the animal; he was sent a notice saying within 10 days, the animal was going to be destroyed if he did not go to court; he had a lawyer to try and stop that action which the judge did; he has the animal; however, the dangerous classification is set down by the Board.

Commissioner Ellis noted if an animal is declared dangerous, that is the County Ordinance, not Florida Statute.

County Attorney Scott Knox responded Florida Statutes set out the definition of the term "dangerous dogs"; the County has an Ordinance which implements that Statute; there is an appeal process; and right now, there is no mechanism in the State law which allows the County to undo the classification once it has been given to dogs.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to direct staff to review the Ordinance and report back to the Board on ways the Ordinance might be strengthened to have a better appeal process and include a time span when the dangerous dog category would apply. Motion carried and ordered unanimously.

PERSONAL APPEARANCE OF BUD CRISAFULLI, RE: AGRICULTURE LAND USE AND RELATED EXEMPTIONS

Bud Crisafulli stated he is present on behalf of the agricultural community; after the freeze, a lot of citrus groves were totally wiped out and there was a canker problem; many people started finding alternate uses for their land; on part of his property he went to palm trees, fish farming, etc.; and now he has decided to pursue the cattle industry. He noted there is a law that says if someone converts the agricultural use, which would be citrus to cattle, they lose their non-conforming status and have to rezone back to agricultural. He advised a lot of properties are zoned different things and have been zoned for approximately 15 years; and when he went from palms to cattle, he was denied agricultural exemption because he changed to a non-conforming agricultural use. Mr. Crisafulli stated he has to appeal to the Board of Adjustment in October, 1995; he has until September 8, 1995 to rezone or forget about it; he does not want to be forced to rezone or develop; he is a farmer; and farmers in Brevard County are faced with some real problems through weather occurrences. He requested changes to the Zoning Code to provide that property being used for any agricultural purpose will not require rezoning to qualify for agricultural exemption.

Assistant Growth Management Director Peggy Busacca stated she has a suggestion about ways to handle this; one is that agriculture is the only use which is not presently being considered as a pre-existing use; Mr. Crisafulli might be able to work with staff and work out language that the Board would consider under that; and the County could consider all agriculture as the same definition. She noted regardless of what the agricultural use was, if it was non-conforming, it could continue regardless of whether it was citrus, cattle, or ornamental plants; and a third option would be to allow agricultural uses as permitted uses within various zoning categories.

Commissioner Cook stated he would like to receive an explanation from Property Appraiser Jim Ford on how he views the zoning; and he is happy to look at addressing the issue and perhaps making some sort of exception in that area.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to direct staff to report back to the Board with changes or options that would allow agricultural exemption on land being used for agricultural purposes regardless of what the agricultural use is. Motion carried and ordered unanimously.

POLICY, RE: REQUIRING CONTRACTORS TO DISPLAY CERTAIN INFORMATION ON VEHICLE SIDES

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to direct staff to report back to the Board on possible ways the County can require all contractors related to construction, home improvement, landscaping, etc. to display certain identifying information on their vehicle sides. Motion carried and ordered unanimously.

PERMISSION TO ADOPT AND SEND RESOLUTION, RE: CONDEMNING CATHOLIC BASHING ON CHANNEL 52

Commissioner O'Brien requested the Board write a letter to Ken Mikesell, Program Manager of WTGL-Channel 52, as follows: "The Brevard County Commission would like to congratulate Channel 52 for removing from its programming the blatantly bigoted program, The Jack Osborne Show. Under the guise of "Christian" programming, Osborne regularly unleashes long, untrue, vicious diatribes against the Catholic religion. This hatemonger seeks to use the public airways to incite and exploit anti-Catholic sentiment in a most un-Christian manner. This Commission stands ready to aggressively oppose prejudice wherever it exists on our community based on the principle that our community standards exclude bigotry. It is in this spirit that we commend you for your action."

Chairman Higgs stated she will stand with anyone who is standing up for fair treatment of all people and against discrimination for race, sex, religion, or ethnic background; she has not heard the individual on the program, so she cannot speak from any kind of personnel knowledge or awareness, and comment on what may have gone on; she would be happy and more than willing to endorse a resolution by the Board to stand up for fair treatment of all people and against discrimination for race, sex, religion and ethnic background; but she cannot attack a particular instance because she has not personally heard it, experienced it or seen it.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to direct the County Manager to draft a resolution for the Board's consideration to be sent to Channel 52 expressing the Board's desire to have fair treatment given to all people through its programming regardless of race, sex, religion and ethnic background. Motion carried and ordered unanimously.

APPROVAL, RE: TENTATIVE BUDGET SUPPLEMENT TO PURCHASE EQUIPMENT FOR ROAD AND BRIDGE PROGRAM

Commissioner Cook stated the County has some serious problems; and if it needs the equipment to do the job right, then it needs to pursue it.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve line item transfer of $500,000 from Insurance Reserves to supplement the County Transportation Trust Fund to purchase critical Road and Bridge equipment to be used in flood control, reducing proposed transfer to Port St. John MSBU by $249,247, and to the Clerk of the Circuit and County Courts by $162,590, and distributing the Road and Bridge Program's portion of the Health Insurance Reserves of $88,163; approve Budget Change Requests for Tentative Budget Supplements; authorize the use of those funds to purchase a Gradall; and waive bid requirements to purchase pumps from Complete Dewatering, and Kobelco Long-neck Trackhoe from local distributor for standardization with existing equipment. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING RESOLUTION NO. 95-199, LANDSCAPE AND LAND CLEARING ORDINANCE TASK FORCE

Mason Blake, 7380 Murrell Road, Melbourne, stated he is present on the request of Roger Metcalf who was elected Chairman of the Landscaping Task Force; the Task Force has now met two times; and it is in the process of reviewing the Landscape Ordinance. He noted several members of the Task Force strongly felt that because the Landscape Ordinance and the Land Clearing Ordinance worked in tandem in many aspects, it would like to review that Ordinance as well; and that is part of the resolution before the Board today. He stated by the time the Task Force was organized, it did not feel 60 days was enough time to do the kind of job it felt the Board wanted it to do; and requested additional time to come back to the Board with a report.

Margaret Hames, 667 Acacia Avenue, Melbourne Village, stated the Brevard County Comprehensive Plan clearly states a policy of conservation and the importance of natural resources, including vegetation; the goals and objectives to implement this policy include two important Ordinances--Landscaping and Land Clearing, with associated tree protection, which are in place; and this is consistent with regulations of the municipalities that all address landscaping, land clearing and tree protection in one way or another. She noted as a former member of the Blue Ribbon Committee that recommended these existing Ordinances to the Board, she can speak of the deliberation and depth of study it undertook during this formulation; it reviewed Ordinances from all over the State rather than relying on limited local experience; it was seeking to do what was best both now and in the future for Brevard County; and this was a broad based Committee with representation from such interest groups as the Home Builders Association, consultants, engineers, nurserymen, Keep Brevard Beautiful, Florida Native Plant Society, League of Women Voters, agriculture, land clearing/landscaping architect, Division of Forestry, Chamber of Commerce and banking, and homeowners association. Ms. Hames advised public input was encouraged and public hearings were held; if the Ordinances need to be revised, then the County needs to do so; but it should not weaken them; the Task Force and some staff are mistaken if they think the market will take care of landscaping; and the indiscriminate land clearing prior to the Ordinances refutes this. She stated if the Board feels the need to address land clearing, it is recommended that the sitting Task Force be enlarged to include people with knowledge of native plants and natural communities; and it is unfair to ask the sitting Task Force to do a job by which it is not qualified.

Dave Wise, 12 Forrell Avenue, Titusville, stated at the meeting the Task Force was suggested, the motion was made for the review to be of the Landscaping Ordinance only; trying to increase the scope of review and having it put on a Consent Agenda, strongly appears to be one or more individuals pursuing self-serving interests and not what is best for the County; he does not believe some of the Commissioners would have made the same appointments to the Task Force it made, had it known at the time it was going to review land clearing as well as landscaping; and it is different criteria and involves a different set of knowledge. He stated this was a good idea the way the Board went about it; and requested it not complicate it.

Margaret Broussard, 3660 North Riverside Drive, Indialantic, stated she is worried about what might happen under a rewritten Comprehensive Plan and Ordinances; there is always room for improvement and simplification; perhaps a better ordinance can be made by combining two Ordinances; and she is not the only person who is going to be concerned if there is not the continued protection given to the native plant and animal ecosystems.

Don Garretson, 4975 Citrus Boulevard, Cocoa, stated the Landscaping and Land Clearing Ordinances were passed because they were needed; there was demonstrated abuse by some people which produced bad affects for the environment and quality of life; and the existing Ordinances were crafted by a broad based group representing a lot of responsible constituencies who are affected by them and includes some that were knowledgeable about many factors involved. He noted if there is a need to fine tune the Ordinances, then the study committee that created the original Ordinances should perhaps review this rather than the existing Committee. He stated if the Board decides the Ordinances require some modification, it needs to look at the group that is going to be doing the re-examination to make sure it represents all of the people in the community who should have a voice in the matter.

Ora Paine, 5145 Vacaro Avenue, Cocoa, Florida Native Plant Society, stated she is watching the Country turn into concrete; there is no reason for developers to come in and destroy for money something that grandchildren and great-grandchildren will never see, except in a picture or history book; and there is no amount of money in the world worth losing what the County stands to lose if someone is not put on the Task Force who realizes when they look at a plant what they are looking at. She noted there are enough endangered plants and animals right now in the State of Florida that in 20 years it could be completely wiped out; people need housing and shopping, but not at the expense of tearing out and carte blanche concreting in; and the land clearing that is done should be done judiciously. She stated hopefully when the Task Force is reseated, the Board will go to somebody that knows and saves the Florida and Brevard County that the citizens chose to live in.

Commissioner Cook stated the Board made the decision to appoint a Task Force to consider the Landscaping Ordinance; it made appointments to that particular Committee; he does not know what it is going to come back with; everyone will have adequate opportunity for their input; at the Board's last meeting, it drafted a policy for public input to committees appointed by the Commission; and he sat through all of the original hearings which was some years ago. He noted the Board had extensive hearings when it came up with the original Ordinance; it has a Committee which it appointed; said Committee came back unanimously requesting to look at both the Land Clearing and Landscaping Ordinances as they are intertwined to a degree; and he does not have a problem with allowing it to look at both Ordinances and coming back with recommendations.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution No. 95-221 amending Resolution No. 95-199, to include the Land Clearing Ordinance in conjunction with the Landscaping Task Force's review of the Landscaping Ordinance.

Commissioner Scarborough stated he had this removed from the Consent Agenda; he has some real profound problems; perhaps when he voted on this initially he did not understand where this was headed; but he has always been uncomfortable with a point number system; and he has never not wanted a comprehensive Land Clearing and Landscaping Ordinance. He noted the community the County creates is totally in its hands; it can end up with one beautiful community or end up with one terrible mess; and at the heart of some of this stuff is land clearing and landscaping. He noted his appointee, Gary Nelson, was appointed specifically for the purpose that he had knowledge of landscape materials and plants; he feels very uncomfortable with this; he cannot support the motion; and he believes it is a very dangerous step for the County to take at this time.

Chairman Higgs stated she cannot support the motion; she would support a time extension request, but not a request to also look at the Land Clearing Ordinance; she feels the Landscape Ordinance can be improved; the County needs to keep it; and the need to have a Land Clearing Ordinance is extremely important.

Commissioner Ellis stated he supports the change; and there needs to be flexibility to remove trees, which can fall over every time there is a high wind, if people do not want them surrounding their home.

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

Chairman Higgs stated if the Board is going to look at the Land Clearing Ordinance, she would suggest it include additional members on the Committee who have expertise in those areas that are relevant.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to restructure a Blue Ribbon Committee and have a balance in the community for all the affected people involved to review the Landscaping and Land Clearing Ordinances.

Commissioner Scarborough stated that does not mean the existing people could not stay on; but they would represent particular interest groups.

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

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve five additional members to the Task Force with one appointment from each Commissioner; and authorize time extension until November, 1995 for said Task Force to present a final report to the Board. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: NOTIFICATION TO SURROUNDING PROPERTY OWNERS OF ADMINISTRATIVE REZONING

Micah Savell, 1370 Sarno Road, Suite A, Melbourne, stated he believes in notification to all property owners within the 1000-foot radius; and all zoning changes need to come back before the Board.

Chairman Higgs stated she believes in the notice to the maximum number of people; staff's recommendation is to notify property owners only when the proposed zoning is more intense than the existing zoning; and she does not support staff's recommendation.

Commissioner Cook concurred with Chairman Higgs; and stated everyone should be noticed.

County Manager Tom Jenkins stated the reason staff put this on the agenda is because several citizens had complained about the County spending their tax dollars to tell them something was becoming less intense.

Commissioner Cook noted those same citizens would be up in arms if something happened and they did not know about it.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to make no change to the current Board direction to direct staff to notify property owners within 1000 feet of the subject property for all administrative rezonings. Motion carried and ordered; Commissioner Ellis voted nay.

PERMISSION TO INITIATE FORECLOSURE PROCEEDINGS, RE: PROPERTY IN CANAVERAL GROVES WATER MSBU WITH DELINQUENT SPECIAL ASSESSMENT LIENS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to send letters to property owners in Canaveral Groves Water MSBU with delinquent special assessment liens, advising them that approximately $296 in excess funds will be applied to the accounts if such owners pay their liens in 60 days, and foreclosure proceedings will commence on those owners that have not paid in full within the time limit. Motion carried and ordered unanimously.

The meeting recessed at 2:31 p.m.

The meeting reconvened at 2:47 p.m.

APPROVAL, RE: COMMUNITY BASED ORGANIZATIONS FUNDING PROGRAM CITIZENS ADVISORY BOARD RECOMMENDATIONS FOR FY 1996 FUNDING TO SELECTED NOT-FOR-PROFIT ORGANIZATIONS

Ray Olinger, 2954 Chipper Drive, N.E., Palm Bay, Chairman of Community Based Organizations Funding Program Citizens Advisory Board, stated such Board met three times; and based on the criteria laid out for it, it came up with its recommendations which the Commissioners have. He urged those community based organizations that did not receive funding or full funding to reach out into the community for additional funds, including community churches.

Kathy Casey, 583 Dixon Road, N.W., Palm Bay, Founder of New Life Options, stated the Agency has served 60 clients with needs that they could not access in the current community or within the State of Florida; it has offered intense services to seven clients at the present time; it has a waiting list of 28 Brevard citizens who cannot access this type of service in Brevard County or anywhere in the State; and it has referrals coming in continuously from Holmes Regional, Wuesthoff, Cape Canaveral, Jess Parrish and Sea Pines Hospitals. She noted she is a survivor herself; she knew a lot of the needs that were required by a survivor; the adult population, in most cases, are of the working class; they are trying to get back to work; but if they do not know to set their alarm, they will never be able to get to their employment. Ms. Casey advised there are many factors and variables that play within this with their care givers and families; there have been some high-profile people in the County who have not been able to access services until New Life Options came about; it is an Agency that believes in networking; it also believes in doing referrals and not duplicating tax dollars; and it believes in not giving any cost to the survivor. She noted in most cases, the person has gone from $50,000 down to SSI or SSDI; and it is very difficult financially, but more so, emotionally. She stated she is representing the Head Injury Survivors of Brevard County; the Agency is working very diligently with Tallahassee to get a helmet law passed and to offer services to the School Board for children; and most of the Agency's services are in-kind.

Janice Wiese, 520 Eleuthera Lane, Indian Harbour Beach, Project Director for Meals on Wheels and Senior Nutritional Aid Program (S.N.A.P.); stated they serve over 3,000 seniors a year; the major part of these program funds come from the Older Americans Act; and in order to qualify for those funds, the Older Americans Act Program must provide 10% local match; and they are grateful for the support the Board has given the Program over the years. She requested it support the Senior Assistance Program; such Program is also funded through the Older Americans Act; the loss of County funds for 1995-1996 would mean this Program cannot meet the 10% local match and all Older American Act Title III-B funds could be lost; this also means the loss of important services that could greatly impact the lives of the elderly clients they serve. She noted what this means for many seniors is a loss of services; one of the most important services the Senior Assistance Program provides for her Program is transportation through a contract with the Space Coast Area Transit bus service; approximately 338 S.N.A.P. seniors depend on this service to get to the sites for a hot meal; the local match that the County could provide to the Senior Assistance Program would bring in $355,500 in Federal Older Americans Act Title III-B funds to Brevard County; and it makes good economical sense to fund a program that can bring in so many dollars to the County and provide such an important service as well.

Kay Heimer, 1948 Pineapple Avenue, Melbourne, representing Prevent of Brevard, expressed concern regarding the new allocation process; stated each agency selected for funding is a very worthy agency and deserves County support. She noted when Prevent of Brevard first learned about the change in the process, it was excited and very enthusiastic that finally it was going to get an opportunity to share its services with the decision makers and achieve some equity for funding in what it does for Brevard County; however, the process in actuality has been greatly flawed. She stated she has a long list of issues and concerns from listening to tapes of the meetings; under the area of notification, two times in writing and two times verbally, Prevent of Brevard was advised that it would have the opportunity to make presentations to this panel; and its proposals would have varied had it known that was its one shot for being able to inform this panel of what it does. Ms. Heimmer stated she has one letter from the County that says Prevent of Brevard would be notified as soon as the dates were set for the meetings; she waited for notification and found out the meetings were already taking place; and two of three meetings were over. She further expressed concern with the makeup of the panel; stated Prevent of Brevard was told there would be five members; it was concerned about that because of the huge task involved; and in the first meeting there were only four members. She stated in the second meeting there were five members, but the District 2 representative had not read the proposals and would not vote; and in the third and final meeting there were only three members which finalized the list of the organizations and designated funding amounts. Ms. Heimmer noted there was no consistency in the way the points were assigned; that also is of great concern; and urged the Board to review this closely to see what can be done to do it more fairly.

Andrea Niemira, 1011 Wymore Road, Suite 207, Winter Park, representing Area Agency on Aging of Central Florida, Inc., stated the Agency is designated through the Older Americans Act and the State Department of Elder Affairs to award state and federal grants which provide social and nutrition services for the elderly in a four-county service area which includes Brevard County; and part of its mission is to also monitor all of the programs it funds for compliance with both federal and state service standards as well as fiscal accountability. She stated the Senior Assistance Program of the Brevard Community Services Council receives approximately $350,000 through a federal grant titled III-B of the Older Americans Act; one of the stipulations of this grant is that they come up with 10% match in uncommitted dollars which have to be raised from the community at large; and this funding has been raised through the awards that have been made by Brevard County to meet the matching requirements and has drawn down an additional $9.00 of federal monies for every dollar of local match. Ms. Niemira advised this is a tremendous return on investment; the monitoring her Agency does is done every year; it monitors the Programs for compliance with all of the service standards; the monitoring reports that are available at the Brevard Community Services Council indicate that they do comply with all of the federal and state service standards. She stated the services are provided to senior citizens in Brevard County who are age 60 and over; the high priority services that have been noted by the Agency as particularly important in Brevard County are transportation, homemaker, RESPITE, housing repair, and various other services such as CHORE. She noted this enables senior citizens to maintain independence and dignity while residing in the community in their homes for as long as possible; withdrawing the funds that are used as local match jeopardizes the availability of these services to seniors in Brevard County; and requested the Board look upon this as an investment that will generate returns in the quality of life for senior citizens in Brevard County.

Joe Steckler, 1250 S. Harbor City Boulevard, Melbourne, Executive Director of Alzheimer's Program, expressed appreciation to the County for putting such Program in the budget for the first time last year and hopefully continuing it in the budget this year with a slight increase. He stated the Alzheimer's Association is one of 214 national chapters; it is one of the largest and best in providing services in the United States; there are very few chapters that are providing the range of services that this Chapter does in Brevard County; right now it is providing services to 750 people in support groups, there is a 15-person day care that operates five days a week, and it has also started an in-home RESPITE Program. He advised such Program will receive part of the County money to fund that Program Director's job; that group will serve 10,000 hours of RESPITE services in this coming year through 100 volunteers; and four training classes have been conducted and there are seven churches involved in that Program. He noted there are over 31,000 people in Brevard County who are age 75 or older; and statistically, over 18% of those people will develop Alzheimer's disease. Mr. Steckler emphasized that his Agency is the only one in Brevard County that works with the Alzheimer's patients seven days a week; it is very important; and thanked the Board for its support.

Bill Hoskinson, 1149 Lake Drive, Cocoa, President of Community Services Council, stated he has some concerns about the allocations process that was used; the agencies never had an opportunity to present to anyone program information which would have explained what the programs do in the community, or any budget information; and it is difficult to compare the way different programs are structured because they are so complicated and different. He noted the Council did not have an opportunity to explain any relationships between funding processes and how funding its programs affects other programs, and how money it gets from the County goes back to the County in other ways; and it did not have any opportunity to explain how these programs affect the lives of senior citizens and what happens to them and who pays for what happens to them if the Council does not get funded for the programs it submitted RFP's for. Mr. Hoskinson stated the Council also did not get an opportunity to answer questions about its programs or how they operate; it appreciates the job the panel had to do; he understands how complicated it was; and this community probably has the best inter-related system of social services programs in Florida. He advised the Community Services Council is funded from federal, state and County funds, from three cities, private contributions, United Way and churches, and gets over $300,000 a year back from its own clients for services they receive; and all these inter-relations affect the quality of services the Council is able to provide in the community.

Mary Grace Murphy, 1441 Donna Marie, Melbourne, Director of Big Brothers/Big Sisters, stated the Agency was not selected to be allocated any funds this year; it is in great need of money; and she hopes next year it will be given the opportunity to speak or have an inside visit. She noted the Agency makes great matches between adults and children; and no one else provides that service in Brevard County.

Betsy Farmer, 3661 S. Babcock Street, Melbourne, Director of Space Coast Early Intervention Center in Melbourne, stated the Center is one agency not recommended for funding; and expressed her concern about the process. She requested all agencies have the opportunity next year to present their proposals to the committee; recommended site visits be done as it is very important; and stated she would be willing to be part of a committee to give the Board suggestions in the future. She thanked the Board for its support over the years.

Commissioner Cook stated the Committee did an excellent job; it is a very difficult task; there is $654,000 that was made available for funding these projects; and he cannot think of anyone that has not stood up today and talked that did not have a valid need in the community and an important role to play. He noted this is the first time this particular Committee had been constituted; it intends to meet again and make recommendations back to the Board on how the process can be improved for next year if the same procedure is followed; if you have a limited amount of money and you try to make decisions, it becomes a very difficult task when there are so many deserving organizations; and expressed his personal appreciation to those members on the Committee who tried to do a good job. Commissioner Cook stated he is sure there are areas that need to be improved; and hopefully such improvements can be made.

Housing and Human Services Assistant Director Jasper Trigg stated during the pre-proposal meeting it was indicated to those that were present that they would more than likely be in a position to make a presentation; however, the Advisory Board decided that it preferred not to go that route, and the proposals presented, if they were complete, would have adequate information in order for it to make a decision. He noted in reference to notification for meeting dates that the Advisory Board met, there were notices posted throughout the County in public places one week prior to the meeting date for the Advisory Board; this is required under Florida Statutes; so staff complied with that requirement.

Motion by Commissioner Ellis, to accept and approve selected not-for-profit organizations to receive funding for FY 1995-96 for total amount of $654,784, as follows: Circles of Care, Inc. at $288,000; Community Services Council S.N.A.P. at $100,398; Community Services Council S.A.P. at $25,000; Hacienda Girls Ranch, Inc. at $39,921; A.R.C. Brevard, Inc. at $25,570; Salvation Army Domestic Violence at $26,551; Alzheimer's Association at $32,758; Community Services Council C.C.E. at $21,703; Brevard Achievement Center at $75,037; New Life Options, Inc. at $15,626; and South Brevard Women's Center at $4,220.

Commissioner Cook stated the Board did not listen to the presentations; and he is leery of divvying up things as it goes. Commissioner Ellis stated even with the cuts in the six organizations, each one is still receiving more money than it did last year. Commissioner Cook stated he does not like going back and doing the Committee's job again; and the Board is not in a position to do that. Commissioner Ellis noted he understands; this is the first year the Committee has been formed; he expects it would iron out things; hopefully, next year the County will stay with its same Committee appointments; and they will be more familiar with the process and things will work smoother next year.

Commissioner Scarborough stated he had several organizations touch base with him; he believes the Board needs to do what Commissioner Ellis is saying and get involved with this; he is not satisfied with the way the process proceeded; this is going to be horrendous; this is not final until the Board does the budget on September 20, 1995; and he does not know to what extent this is a legal action today to budget when this is not the budgetary period. He noted he would like the item deferred until September 20, 1995 for staff to provide additional information. He stated if the Board does what Commissioner Ellis is suggesting, it is going to have to open this up to all 27 agencies to have the ability to communicate.

Commissioner Cook stated he understands what Commissioner Scarborough is saying, but then there is no reason to have a Committee. Commissioner Scarborough stated it is very technical in what happened and perhaps the County is to blame because it did not structure the Committee correctly; but just because there is a problem does not necessarily mean at this point the Board can handle a couple things Commissioner Ellis is suggesting without opening it up and reviewing everything.

Chairman Higgs stated she reviewed the Committee minutes last night; there were three people there; as the round of voting went, there was many times a 2:1 vote; therefore, two people basically made the decisions; and if there was a flaw, perhaps it was that there were only five people as opposed to a larger number. She noted there were a number of people who gave tremendous service and she appreciates it; and inquired is there a possibility that the full Committee can meet again and include a couple of staff members. She stated she does not feel comfortable with two people making the decision. Commissioner Ellis stated he does not believe the Committee failed at all; and it did a good job.

Commissioner Ellis reiterated his motion; and stated each of the organizations still has more money than it did last year even though there is a cut in their amount of money. He noted the total amount spent still remains the same; no organization of these six is getting less than they did last year; and S.N.A.P. and S.A.P. are fully funded to meet their matching requirements.

Commissioner Scarborough stated he will second the motion.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table approval of Community Based Organizations Funding Program Citizens Advisory Board Recommendations for FY 1996 funding to selected not-for-profit organizations until September 20, 1995 budget hearing. Motion did not carry; Commissioners Scarborough and Higgs voted aye, Commissioners O'Brien, Cook and Ellis voted nay.

Chairman Higgs stated there is a motion on the floor which was made by Commissioner Ellis and seconded by Commissioner Scarborough.

Commissioner Scarborough stated he needs additional time before he can vote on this; and even though he seconded Commissioner Ellis' motion, he is not prepared to vote for it today until he receives more information.

Commissioner Ellis stated he believes the process will be better next year.

Ray Olinger stated the Advisory Board intends to meet, starting this Fall, to discuss process and make recommendations to the County Commission for changes in the process.

Chairman Higgs stated she is not going to support the motion; she is not against the moving of the money; however, she wants to get the process so that organizations feel they have been fairly dealt with.

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

Commissioner Scarborough stated legally the Board can discuss this again at the September 20, 1995 budget hearing; and everyone that is here can come back at the budget hearing as the action may change again.

Commissioner Cook reiterated the Committee did a fine job; and he is sure there will be improvements in the process next year.

Assistant County Manager Joan Madden stated one of the things that is missing from this process is an appeals process; there should be a process whereby agencies could appeal without coming directly to the Board; and staff can insert that for next year.

PERMISSION TO FILL SECRETARY POSITION, RE: PARKS CONSTRUCTION SECTION

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to grant permission to fill the budgeted, full time, permanent secretary position for Parks Construction Section. Motion carried and ordered; Commissioner Ellis voted nay.

AMENDMENTS TO AGREEMENTS WITH THE ZIMMERMAN AGENCY AND GREENSTONE ROBERTS ADVERTISING, INC., RE: TDC ADVERTISING PROGRAM

Chairman Higgs stated there are two Agreements involved; the Greenstone Agreement was first approved in 1992 with two one-year options; both of those options have been extended; the third option is not an option for the Contract; so it would take a contractual amendment and not just an extension. She stated the Zimmerman Agreement was initially in 1993 with a one-year renewal; it is time to do that one also, although it could go another year; but the Agreement with Greenstone needs to go this year and does not qualify for another extension.

Commissioner Cook inquired is Chairman Higgs suggesting the Board approve one additional year for the Zimmerman Agreement, but not for the Greenstone Agreement.

Chairman Higgs stated she does not have a problem going another year on the Agreement with the Zimmerman Agency; however, she has a problem on the Agreement with Greenstone Roberts Advertising, Inc. as this would be its fourth year; and she does not philosophically believe the County should go beyond that.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to deny Amendment to Agreement with Greenstone Roberts Advertising, Inc.; and provide TDC the option on whether or not it desires to renew the Agreement with The Zimmerman Agency or put both items out to bid at the same time. Motion carried and ordered unanimously.

FINAL ENGINEERING AND FINAL PLAT APPROVALS, RE: SABAL HAMMOCKS DEVELOPMENT, PHASE 1

Attorney Leonard Spielvogel, representing the applicant, stated they are here for plat approval and construction plan approval; as a layman, he would assume these are technical matters; as long as they meet the technical requirements of the Code and Brevard County, this is something that would be on the Consent Agenda; and he understands from conversations with staff that the County concurs that his client has complied with the Code requirements. He noted with him today are John Allen, Robert M. Salmon, Peter J. Singkofen, David Smith, and Bram Canter; and they are prepared to put on testimony that the request before the Board today complies with the County Code. He noted if that is the direction of the Chair that they do that then they are prepared to do that; inquired is that what is being discussed today and is the concern with the item on the agenda, which is does Phase 1 of Sabal Hammocks meet Code requirements; and is that the burden he has today to prove or does he have to go beyond and prove something else that is beyond the scope of today's hearing.

Chairman Higgs stated the final engineering and final plat approvals are the actions the Board must take; it is not an action that can be taken by staff; and it is the Board's prerogative to make this decision today.

John Richardson, 838 Mallard Road, Cocoa, stated he has been before the Board before speaking on the Sabal Hammocks project; he has no objections to Phase 1 of the project only; but this same group is the group that has sold this County over 900 acres of sovereign land out of an 1,100-acre purchase. He stated looking at the present situation on Sabal Hammocks, Phase 1 and the things that are to be approved, it is his understanding the changes have not been made to exclude the golf course; and his concern is if the Board approves Phase 1, that the necessary wording be inserted in the approval so that the developer cannot come back at a later stage and say the Board approved one-third of his golf course so what can I do with the rest of it. He stated the entire problem with Sabal Hammocks is the sovereign lands issue; there are over 270 acres of this project that have been shown to be sovereign lands; his biggest concern is to make sure the Board has the necessary wording in its approval that this in no way gives final approval to everything that takes place at Sabal Hammocks; and Phase 1 is fine.

Leroy Wright, 4045 Edgewood Place, Cocoa, provided an information packet to the Board about the sovereign lands issue on this project; and reiterated Mr. Richardson's comments. He advised he has no personal objections to the Phase 1 development; the question is that the State has laid claim to the 270 acres of this 720-acre project; that is not decided and final; but it is the position of the Attorney General for the State of Florida and a number of people in Tallahassee that it is going to go forward; and he has not heard anything to the contrary since he talked with the Attorney General's Office this past Friday. He stated he would like to make sure that in the County's process of approving Phase 1, the County Attorney contact the Attorney General's Office to make sure from a legal standpoint that the Board is made fully aware of the potential for complications further down the road; that is to say that regardless of the applicant's intention to pursue the claim of sovereignty, if in the end they lose through whatever litigation they have to go through, Phase 1 of this project will have to be redesigned before construction can start; and they are dependent upon the use of the system that is in place and the stormwater management system for the runoff and treatment process for Phase 1 as well as the other four phases of the project. Mr. Wright stated the message that needs to be sent back to Tallahassee is one that the County took a position on in March, 1993, by letter to the State Department of Environmental Protection, that Brevard County was opposed to any private development on sovereign lands; so it knows it cannot develop it until the issue of the sovereignty is completed. He noted he does not understand the urgency for the engineering approval at this point when the sovereign lands issue and the ultimate redesign of Phase 1 may have to happen somewhere downstream; if the State of Florida would relinquish, after spending thousands of dollars to get this property surveyed, certified and a conservation element put into that survey, that can be defended in court; and Save the St. Johns believes that is where this possibly may wind up; but he cannot conceive of the State overturning its finding and relinquishing this property back for private development. Mr. Wright stated many cases have been handled in such a way where land located near water has been deeded back for such things as a boat ramp; but the overriding thing is that the Florida Statutes are quite clear on sovereign lands and it has to be in the public interest; and putting a public golf course in a 1,100-home residential subdivision will not qualify for that type of thing; and he is convinced of that. He noted should the applicant be able to get this done, Save the St. Johns is going to call upon the National Wildlife Foundation to file suit against the State; so Sabal Hammocks is a long way from being completed if there is any opposition to the eventual State claim of this property; and it will not end there. He noted if the County Attorney has not spoken with the State at this point, he would recommend the Board postpone this issue for a couple of weeks to make sure it understands what the legal situation is.

Chairman Higgs inquired has County Attorney Scott Knox had any conversations with the Deputy Attorney General; with Attorney Knox responding no. Chairman Higgs inquired is the Board approving anything in Phase 1 that is on disputed lands on the sovereignty issue; with County Development Engineer Mahmoud Najda responding no. Mr. Najda stated Phase 1 is entirely outside the claimed sovereign land. Chairman Higgs inquired does it depend for later stormwater treatment on any of the sovereign land. Mr. Najda responded some of the stormwater system can be constructed in Phase 1 to handle Phase 1; and the stormwater system proposed for Phase 1 will deem Phase 1 completely dependent on that stormwater system. Chairman Higgs inquired is any of the golf course in this Phase 1 approval; with Mr. Najda responding the applicant was informed that there will be no golf course; and it is not part of Phase 1.

Attorney Spielvogel stated in listening to those who have voiced objections to this request, both gentlemen have said they have no objection to Phase 1; what the applicant brings to the Board today is Phase 1; and maybe that is where one should rest his case. He noted he does not agree; he is not looking for any special language; there have been many instances where projects have been brought before the Board that were phases; it approves a phase and then the next phase is brought in; there was a statement that part of his client's property is sovereign lands; and that is not an issue today. He noted his client takes the position that none of his land is sovereign land; if the State is going to challenge that, then that is its prerogative; but that is not something that needs to come to the Board because his client is not asking for relief in that area; there is nothing the Board can do that is going to prejudice the State's right; and this is a permitting agency. Attorney Spielvogel stated his client has a permit from St. Johns River Water Management District; that was challenged by Mr. Wright and his organization; it took several years to resolve; and, in every instance, it was in favor of this project and his client. He noted when this matter was before the State Cabinet in January, 1992, a statement was made that an issue had been raised before it as to whether any of the permitted project is on State-owned land; and it directed the Division of State Lands and the Department of Natural Resources as staff to the Board of Trustees to investigate the case and take appropriate action, including if necessary, the institution of quiet title suit. He stated there is a sense of urgency; his client has certain clocks running on the project; he needs to move forward; and that is what brings him before the Board today. Attorney Spielvogel stated the request is simply plat approval for Phase 1; and should the State decide to take any action and if it turns out the State is successful and his client has to make revisions, that is his problem and not the County's; and he would like to present his witness at this time.

Chairman Higgs stated before proceeding with witnesses, the Board may have questions.

Commissioner Cook stated this particular project has been in the works for some time; his concern would be if the Board delayed the project at this point, that the new Statute coming down from the State Legislature might put an undue burden on the applicant; he concurs with many of the comments that were made; and staff recommends approval of the item. He stated it appears the applicant has met all the criteria to move forward; he would put a caveat with the approval that such approval in no way constitutes approval for the entire project and has no affect on the sovereign lands claim; and that is an entirely separate issue. He advised by approving this portion of the project, the Board is approving this portion only; it does not imply approval of any further extension of the project; Mr. Najda has mentioned that stormwater concerns and such are retained on site; it appears this is self-contained; and with those stipulations, he will move approval.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to grant final engineering and final plat approvals for Sabal Hammocks Development, Phase 1 only, subject to minor engineering changes as applicable, and approval of this project not relieving the developer from obtaining all other necessary jurisdictional permits.

Chairman Higgs inquired does Attorney Spielvogel understand that the Board is not approving anything other than Phase 1; with Attorney Spielvogel responding yes, and they have no objections.

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

Chairman Higgs passed the gavel to Vice Chairman Ellis.

SUBORDINATION AGREEMENT WITH FLEET FINANCE & MORTGAGE, INC. AND MAMIE E. BOOTH, AND AUTHORIZATION FOR CHAIRMAN TO EXECUTE LEGAL DOCUMENTS, RE: VOLUNTARY REPLACEMENT HOUSING PROGRAM

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to execute Subordination Agreement with Fleet Finance & Mortgage, Inc. and Mamie E. Booth for the Voluntary Replacement Housing Program; and authorize the Chairman to execute other legal documents that may be required for the five homes previously approved by the Board. Motion carried and ordered unanimously.

Vice Chairman Ellis passed the gavel to Chairman Higgs.

AWARD OF BID #B-2-5-89 AND AGREEMENT, RE: MELBOURNE RIVERVIEW PARK DEVELOPMENT

Commissioner Cook stated the permission to solicit bids was in May, 1993, and yet it was not advertised until May, 1995; and inquired why was there a two-year span.

Parks and Recreation Director Charles Nelson stated staff did a lumping of a variety of projects at one time to minimize the times it had to come back to the Board; different projects in different stages all got approval at the same time; however, the construction plans rolled out were what generated the timing.

Commissioner Cook inquired where is the funding coming from; with Mr. Nelson responding it is a combination of sources, including beach and riverfront, a donation, and a grant. Mr. Nelson advised the primary funding is beach and riverfront and the grant. Commissioner Cook stated another concern is there was a problem with the original bid package; and inquired has it been solved and where does the County stand on that.

Attorney Dan McDermott, 1970 Michigan Avenue, Building E, Cocoa, representing Grady Strickland, advised his presentation is the nature of a bid protest; after the bids were opened, protest letters were filed by Saturn Builders, who is Grady Strickland, and Canaveral Construction who is suggested as being recipient of the bid award. He stated the reason they filed the bid protest is because they feel that Saturn Builders was put in a competitive disadvantage as a result of the decision of the Selection Committee and also that Canaveral Construction did not comply with the bid specs. He stated the bid specs were prepared by the County through its A&E; those specs went through a number of reviews; they were established so that the bidding process is a level, even, fair playing field; and their problem with this is at that level. Attorney McDermott stated they do not feel this bid process as it turned out was even, level or fair; there is no question that the bid specs required the submission of a manufacturer's warranty for the metal roof on this building; and there is no question that Canaveral Construction did not submit that warranty with the bid package. He noted there is another issue in the bid package itself; it listed 12 different suppliers of metal buildings; such suppliers were placed on the list by the County's A&E; Canaveral Construction is looking to use United Structures of America; and that Company is not on the approved list of building manufacturers. He stated the sealed opening of the bids was at 2:00 p.m. on June 20, 1995; at that time, Saturn Builders submitted its bid with the warranty; its bid amount was $507,400; Canaveral Construction submitted its bid without the warranty; and its amount was $507,000. He noted there was a bid tally sheet that was used by Facilities and Parks and Recreation to go through the bids as they were opened; there were seven items on the tally sheet to be checked off; one of those seven items was the warranty for the roof; Saturn Builders was informed shortly after the bid opening that it was the apparent low bidder because Canaveral Construction did not submit a warranty; and the C&D bulletin lists Saturn Builders as the apparent low bidder. Attorney McDermott advised the next day, Canaveral Construction was given the job; two weeks after the opening of the sealed bids is when Canaveral Construction provided its warranty which was supposed to be submitted when the bids were opened; at that time, Canaveral Construction gave to the County and represented to it that the manufacturer was PASCO Buildings; Marty Gordon is the exclusive distributor for PASCO Buildings in this area. He stated three weeks after Canaveral Construction submitted such warranty, Canaveral Construction submitted a new warranty to the County; and that is for United Structures of America which is one of the companies that is not listed on the 12 approved builders. He advised since the Selection Committee met and since the opening bid, they have learned several things; two week after the bid opening, Canaveral Construction submitted to the County a PASCO warranty; PASCO never had a quote with Canaveral Construction; it never authorized a warranty to be given to the County by it for this building; and Marty Gordon's name was on the bottom of a letter that he never authorized be given to the County as a warranty. Attorney McDermott stated Mr. Gordon is present and will support that; he is the exclusive distributor of PASCO; so Canaveral Construction could not have received this warranty from anyone else other than Mr. Gordon; and it was misrepresented to the County at that time that it had a warranty. He noted the day following the opening of the bids, Canaveral Construction called Mr. Gordon and begged him to sell them a building with a warranty; the County is under the impression that when this job was bid, Canaveral Construction had a warranty but forgot to submit it; and inquired why did Canaveral Construction call the next day asking for a building with a warranty.

Motion by Commissioner Scarborough, seconded by Commissioner, Ellis, to allow Attorney McDermott additional time. Motion carried and ordered unanimously.

Attorney McDermott stated on July 5, 1995, a couple of weeks after the bid opening, the warranty was provided to the County; also on that day, Canaveral Construction provided to the County a listing of major subcontractors and suppliers for the job; the metal building contractor was missing from the list; and his guess is such Company did not have one yet. He advised part of the bid documents indicate that if someone is going to erect a steel building, they have to have five years experience; the first page of the Executive Summary, which Canaveral Construction provided to the County, indicates the Company is a year old; it cannot have five years building experience nor can it have five years of putting metal buildings up. He stated the erector qualifications are that the pre-engineered building shall be erected by a firm that has not less than five years successful experience in the erection of a pre-engineered building. Attorney McDermott noted almost three weeks later, Canaveral Construction provided a new warranty and supplier, United Structures of America; that is not on the approved list put together by the County's A&E; at the time the County had the Selection Committee convened, it did not know any of this information; he assumes it was represented to such Committee that Canaveral Construction had a supplier and warranty; the Committee and bid process are designed to have a fair and even playing field; and that is all it is there for. He stated it is their position that having a warranty at the time of the bid, as the bid specs required, is a material issue; one can ask the School Board how material a roof warranty is; and the County can ask itself how material it is to have a warranty for windows. He stated Canaveral Construction did not comply with the bid specs; it has provided the County a building supplier that is not on the approved list; the warranty that is provided with United Structures of America is an indemnity agreement; and in his opinion, it does not meet the $50 per square-foot requirement of the County's warranty specs. Attorney McDermott stated the issue today is whether or not the bid process was fair and impartial; the issue is not what the County is getting at this point; Canaveral Construction is going to say it is going to give the County a building and warranty; but the problem is the bid process has been contaminated and violated. He noted if the County was to say to Saturn Builders at this time to eat $500 of its construction bid and it can have the job, it would do it in a heartbeat; Canaveral Construction bid this job without a warranty and with a building without a warranty; everyone knows that a building with a warranty is going to cost more than a building without; so there is a competitive disadvantage to the bidders who complied with the bid specs. He noted Saturn Builders complied; it gave the County a building with a warranty; because of that, its building was more expensive; Canaveral Construction gave the County a building without a warranty; it is apparently going to enjoy the advantage of not complying with the bid specs; and that is what the whole process is about. Attorney McDermott advised he provided to the Board a number of documents by letter; he assumes it has the information; the attachments to the letter included a tally sheet, warranty information which was provided to Parks and Recreation on July 5, 1995, which never existed, the list of major subcontractors and suppliers which fails to list a building manufacturer or supplier, and a cost breakdown which was provided to the County by Canaveral Construction; and such breakdown adds up to $507,000. He noted if it had bid a building with a warranty and if such warranty had cost it $2,000, it would not be the low bidder; Saturn Builders would have this job and probably be under way; it is not right to allow the bidding process to be violated and then award that Contract because that Company had a competitive economic advantage; and that is what the whole bid process is about.

Marty Gordon, 2023 N. Carpenter Road, Titusville, Brevard Constructors, stated his Company supplies and erects PASCO metal buildings; it is the sole supplier for this area; it has been in Brevard County since 1981; it has been supplying and erecting PASCO buildings for 25 years; and it is their oldest dealer. He stated in Canaveral Construction's protest, it stated PASCO was the only supplier who was capable of supplying this building out of the 12 manufacturers listed; that is not true because Butler buildings also supplied prices on this job which was one of the 12; actually any one of the 12 would be able to provide it if contacted ahead of time; but if they are called on the morning of the bid and no one has sent them prints ahead of time, then they will not have a bid. He advised the day after the bid, he was contacted by Canaveral Construction and asked to give it a bid; he refused to give it a bid the day after the bid; he was not contacted beforehand; and Canaveral Construction listed in its protest that it was refused, but it did not list that it was the day afterwards when it asked for it. Mr. Gordon stated it cost more to get a warranty with the building; his documents were submitted at one time by Canaveral Construction as the metal building it was using; he does not know where it achieved these documents from; he did not give them to it; he would like to know where it got them from; and he does not know if that was done for the time being so Parks and Recreation would think the Company had a building that was on the list until it was able to get another warranty which it received from United Structures of America. He noted right now Brevard Constructors is adding on to another job for Parks and Recreation which is Cocoa West Community Center; it is doing that with PASCO buildings; the building it is adding onto is a United Structures of America building; it has been asked to look at that building and give it an estimate on fixing the problems it has for leaks; the building was built in 1991; it is only three or four years old; and it had no warranties on it.

Arthur Lloyd, 125 Brookside Drive, Daytona Beach, Canaveral Construction, stated his Company received a commitment from the PASCO representative Sam Robinson, who was on vacation at the time, to give it a price upon his return; since the warranty itself was public record, it determined that it would be best to send the warranty in since it was the only warranty that was sent in by any of the bidders; and it thought it was best to submit that warranty since Mr. Robinson had guaranteed it a price. He noted upon Mr. Robinson's return, he refused to bid Canaveral Construction; he suspects that may have been due to Mr. Gordon's relationship with PASCO and being a local representative; but for whatever reason, Mr. Robinson then indicated to Canaveral Construction that he would not be able to bid the project to it which is why it then turned around and gave the County the United Structures of American building manufacturer's warranty. Mr. Lloyd stated the requirement for a warranty was not underneath the building spec; PASCO was listed as a part of the pre-engineered metal building specification; it was mentioned as one of the approved suppliers of the pre-engineered building; but the roofing and siding itself was covered underneath a roofing and siding spec, an entirely separate spec, which was only incorporated by reference; and the actual warranty was supposed to have been submitted by someone from the roofing and siding specification. He noted there was no one who bid the project who complied with that; when looking at the recommendations given by County staff, it will indicate that warranty was supposed to be issued to the County one week prior to the bid which no one did; and further evidence is given that at bid time, out of 10 bidders, four were not able to provide a warranty. Mr. Lloyd stated his Company has not investigated the reasons why they were not able to provide the warranty, but they were; it is interesting to note that PASCO is not listed as a supplier of the materials that require the warranty; in Section 070-400, it is not listed either as one of those approved manufacturer's; this brings up an interesting question; the question is whether or not this has materially affected Canaveral Construction's bid; and he would have to say no, it has not. He noted his Company is aware of the requirement; it is fully able and intends to comply with the requirements of warranties; but the clauses of the Contract also allow for open competition which means that anybody who is specified is solely specified to provide a basis for design; his Company is able to come in with any kind of open competition and comply with the substitution clauses of the Contract at any time subsequent to the bid and as long as it can prove compliance with those bid documents; and those substitutions need to be reviewed by the architect and approved as long as his Company can prove compliance. Mr. Lloyd stated the basis of his Company's explanation as to why a warranty was not submitted with the bid is clear; it could not get the one supplier who supplied a warranty to any of the bidders; it could not get a warranty from them prior to bid; and Canaveral Construction's intention is to completely comply with every bit of the specifications, including this warranty. He noted knowing his Company had to comply with this, it bid the building just that way to include the warranty; all of this information has been assimilated by Parks and Recreation staff and the Pre-qualification Committee which included the Assistant County Attorney Shannon Wilson, Chuck Nelson, Jo Malota, and Marsha Cantrell; every one of them looked at his Company's financials and experience; and the recommendation came back to award the bid to Canaveral Construction. Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to allow Mr. Lloyd additional time. Motion carried and ordered unanimously.

Mr. Lloyd advised there was an inter-office memorandum that was given to the Board from the Assistant County Attorney; it is dated August 15, 1995; the recommendations of the pre-qualification staff and these comments by the Assistant County Attorney have well addressed the issue as to whether or not there was a bid advantage by not turning in a warranty on bid day; and their opinions indicate there was no bid advantage. He stated Canaveral Construction stands by its commitment to provide to Brevard County a complete job, per the specifications, with all the warranties just exactly as it has been specified; and requested the Board follow County staff and Counsel recommendations to waive this minor informality in the bid. He noted as to the charge about five years experience with building erection, Canaveral Construction has subcontractors who fill the bill there; it would be the same thing if the County asked for an electrician or a mechanical contractor with certain experience factor; and his Company would comply in the same way as it intends to do on this particular project.

Chairman Higgs requested Mr. Nelson address the issues; and inquired what is staff's recommendation.

Mr. Nelson stated this is the first project on which the County has had a request for warranty information up front; he was not aware it was doing that; typically it receives that at the submittal stage; it does not have it become part of the bid package; one of the reasons it does that is because products may not be available and there may be changes that occur; and such information is received before the actual construction starts. He noted the County's A&E placed it in there; it is a part of the package; one of the bidders met the week in advance requirement; none of them had warranties for the specified roofing systems; and staff addressed that issue. He stated staff is not recommending a building be built without the associated warranties; that is not at question here; it wants the warranties; the issue was did the failure to provide that warranty at the time of the bid opening affect the bid; the Committee felt it did not as it was not a typical requirement and can be provided at any point up to the submittal stage; and that was the basis of staff's recommendation.

County Attorney Scott Knox stated the only thing he heard today that he was not aware of before was the possibility that the first roofing warranty that was submitted by the apparent low bidder was done without the knowledge of the representative who supposedly has exclusive jurisdiction over this territory; and he is not sure that it ultimately creates a legal problem so much as a problem of ethical concerns that maybe the Board needs to take into account. He noted the standard for award of this bid is the lowest responsible responsive and best bidder; the Board is entitled under those standards to look at any number of factors, including the process that has been gone through to get to this point, whether or not the dollars are in fact the lowest dollars, whether or not the warranty is sufficient, or whether or not there is a warranty at all; and he does not think that the fact that the warranty was omitted initially makes any difference in the long run. Attorney Knox stated it is not a material condition; the Board can waive that irregularity as being immaterial at this point since the warranty now has been provided and since the bid stands with the warranty provided; and it is up to the Board's discretion as to what it wants to do with this.

Commissioner Cook noted it would not be non-responsive not to have that originally; with Attorney Knox responding he does not believe it is. Attorney Knox stated if the bid had changed and the Company had wanted to add $300 or something to the bid because the warranty came in late, that would be non-responsive; that did not change; and the Company substituted a contractor which it is entitled to do under the bid documents.

Assistant County Attorney Shannon Wilson stated in Mr. McDermott's presentation to the Board, he referenced the fact that the pre-qualification Committee did not have information about the warranty; that is basically incorrect; the Committee had not received the written submission from Canaveral Construction, but it had assured the County for the purpose of the Pre-qualification Committee that it understood the requirement to provide the warranty and was going to provide it; and that was covered in its bid price. She noted for the purposes of what the Pre-qualification Committee considered, it was the Committee's understanding that it did have the warranty, that it understood the contract documents require the warranty; and that it was going to provide it for the bid price it made.

Commissioner Ellis stated Canaveral Construction started off with PASCO and now it has United Structures of America; and it has a warranty on this building; with Mr. Nelson responding yes. Mr. Nelson stated prior to the actual submittal, that could change again to another approved contractor; in other words, the County is not locking the Company into that decision and would not do that with any vendor; prior to the actual submittal, it has some flexibility to deal with that issue based on supply, timing, and those kinds of issues; and it could be a third or a fourth by the time the Company actually gets to that construction segment. Commissioner Ellis noted no matter who the Company comes in with, it has to have the warranty; with Mr. Nelson responding yes. Commissioner Ellis inquired about the case with Cocoa West Community Center and was it done without a warranty back then. Mr. Nelson responded there was an installation problem; it was not a building problem and was an installation of the materials that were provided; there is a channel that apparently installed backwards which allows water to come down the inside wall instead of the outside wall; and staff is addressing it. He noted in terms of was there one required on that building, he is not aware of it; and staff cannot find any indication that it was the warranty. Commissioner Ellis inquired who does the County expect to honor the warranty; stated it has had some problems with the library roofs; if there is a faulty installation, the manufacturer will say the warranty is voided because of a faulty installation; and inquired where does the County go if it has a faulty installation and is there a bond posted by the installer. Mr. Nelson responded the bond is only one year; typical installation is just a one-year warranty; so one has to identify and address those problems in that first year; and beyond that there may be some late defects that, under law, could be addressed, but typically it is just one year. Commissioner Ellis stated if the County were to find out three years later that a roof or a building fails because of installation and not materials, then it is out of luck; with Mr. Nelson responding unless it required some kind of long-term performance or maintenance bond.

Ms. Wilson stated the situation Commissioner Ellis addressed is like any other construction project; the County's Contract is with the contractor; so if for some reason the manufacturer of the warranty did not hold and there was an issue of installation versus actual defect in the materials or the building itself, it would go against the contractor because that is who it has the Contract with. Attorney Knox stated there are also some cases out there saying one might be able to go against the surety, even though it is after the year that the bond normally runs.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to award Bid #B-2-5-89, Melbourne Riverview Park Development, to Canaveral Construction Corporation at $507,000; and authorize the Chairman to execute an Agreement with the vendor. Motion carried and ordered; Commissioner Ellis voted nay.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner Cook stated in the Bills and Budget Transfers, it is still showing the purchase of the trailers for cots at the Red Cross as a transfer from Contingency; and inquired what is the status.

Assistant County Manager Joan Madden advised that money is still sitting there; the Red Cross has not expended it; however, staff had a meeting with Red Cross last week; and it is going to move ahead, not only to do the trailer, but to bring the cots that were purchased with the Emergency Management Grant to Brevard County; and that money is still there.

Commissioner Cook stated on Page 18, the County's assessment for the East Central Florida Regional Planning Council is $91,000, and inquired is it something that all the adjacent communities pay; with County Manager Tom Jenkins responding yes. Mr. Jenkins advised it is based on population. Commissioner Cook inquired does the County receive Council services for that $91,000; with Mr. Jenkins responding the County's participation is mandated by State law. Commissioner Cook noted the County has no choice but to pay whatever the Council assesses. Mr. Jenkins responded the members get to vote on the budget and assessment; but he has never served.

Commissioner Ellis noted Brevard County gets ripped off basically; it does not do any good to vote against such budget and assessment; individuals are railroaded over there; last year the vote was 19:1; they are essentially over there serving as the Orlando MPO; they are billing it off to Volusia and Brevard Counties; and this year, at least one-third, if not one-half, of the meetings are canceled because there is nothing to do. Commissioner Cook inquired is the County mandated by State law to pay this; with Chairman Higgs responding yes. Commissioner Cook inquired can the Board send something with this under protest. Commissioner Ellis stated the Board needs to request the Governor abolish this. Commissioner Cook stated $91,000 is a lot of money. Commissioner Ellis stated either they should be abolished or Brevard County should have one with Volusia and Indian River Counties; the problem is this dual function the Council serves as Orlando MPO; that is why it keeps putting on staff; it added staff last year; and yet it only meets half as often. Mr. Jenkins stated Brevard County would be better off to have an internal planning organization within the County to deal with city and County issues than it would with county to county; Brevard County has very minimal interface with Indian River and Volusia Counties; and what it needs is local planning within Brevard County.

Commissioner Ellis stated with the Regional Planning Council, all the cities join from Orange and Seminole Counties because this is an MPO function; there were 10 cities with populations under 10,000 that were paying $1,000; and they joined and have a vote. Commissioner Cook suggested the Board defer paying the bill until it receives additional information.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to remove East Central Florida Regional Planning Council's bill of $91,630 from Bills and Budget Transfers, to receive additional information from the County Attorney. Motion carried and ordered unanimously.

Commissioner Cook stated on Page 33, American Tire Recyclers charged the County $75 an hour per tractor in order to unload; apparently it had to use its own forklift and the County was subjected to a $75 per tractor trailer charge; and inquired is that a normal thing if the County does not unload.

Commissioner O'Brien stated the Company had to hold the truck up for almost a full day until the right kind of forklift was in to do the work; and it is a common practice that if someone holds a truck and a driver up until the problem is resolved, they can charge for it.

Mr. Jenkins stated the County had its forklifts there; but they were too large and did not work. Commissioner Cook inquired is that standard for a trucking company to charge the County; with Mr. Jenkins responding staff can verify it.

Commissioner Cook stated on Page 38, professional services, this is an area the Board has brought up time and time again; it is from an M.D. for evaluations; these are part of the court-ordered payments; and the hours spent for review of records, interviews with family, consultation with attorney and travel is all lumped together at 15 hours on June 24, 1995, 13 1/2 hours on June 25, 1995, and 14 hours on June 26, 1995. He noted all of this is combined together at $150 an hour; he does not believe the County pays travel time at $150 an hour; and requested more justification.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to remove court-related payment for Dorothy O. Lewis, M.D., in the amount of $6,937.50 for additional justification. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Bills and Budget Transfers, minus payments to East Central Florida Regional Planning Council and Dorothy O. Lewis M.D. Motion carried and ordered unanimously.

ESTABLISHMENT, RE: BOARD POLICY REGARDING ALCOHOLIC BEVERAGES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to establish Board policy that it does not buy alcoholic beverages with County funds, such as those included in travel expenses. Motion carried and ordered unanimously.

PUBLIC COMMENTS

Bea Polk, 101 River Park Boulevard, Titusville, stated she is being flooded out; there is a speed hump on her street that was built up during the hurricane; and the water is running down her driveway. She noted the County Manager is working on it; but there are two more hurricanes coming; and September 12, 1995 is when staff has set the date to assist with her problem. She inquired what can the Board do between now and then; stated yesterday afternoon, the yard was flooded again; and if there is something the County can do before September 12, 1995, she would appreciate it.

County Manager Tom Jenkins stated he has put on the September 12, 1995 agenda an item to remove the bump that is in the road and a couple of other minor issues; part of the thought process was that both neighbors would get noticed and get copies of the item before it came before the Board; and the only thing he can think of as a temporary measure is to talk to Public Works Department about putting some sand bags out there to stop the water from running.

Commissioner Ellis stated he has been going through flooded neighborhoods with water two feet up in the houses; he does not know what kind of hump this is; but he cannot believe it is so high that it is going to flood the home. He noted he understands if there is a problem, it needs to be corrected; but is it that urgent that the County is going to put all its resources on it; and perhaps staff can notch it. Ms. Polk stated she is not going to have a driveway at all; the County did it the day of the storm; and all she is asking is to put something there to keep this water from running. She noted the water comes from U.S. 1 down her street; she is the last house; and relief is needed, even if it is only temporary.

Commissioner Scarborough stated Mr. Jenkins is having this analyzed by staff; he is going to bring the information to the Board; there is a desire by Helen Smith and Bea Polk to bring this thing to conclusion; he would like to believe that the County is not going to let anyone have County drainage run into somebody's property in the interim; but it is scheduled on the agenda and it is appropriate to proceed with that. He noted hopefully at that time the Board will hear and know everything, and dispose of it.

Ida Blickley, 4475 Swift Avenue, Titusville, stated she is mad because this is going to be the second time she has paid for that hump; and she does not appreciate it. She requested the Board make the public comments at 9:00 a.m. so she can be home by 10:00 a.m. She stated she obtained the proposed budget for the City of Titusville; she is very upset; she is paying taxes in the County and the City; and inquired why is the County paying the Community Redevelopment Agency in Titusville $83,000.

Commissioner Scarborough stated when a redevelopment agency is created, as the value of the property increases, the additional tax revenue that comes in moves over to that particular entity; Merritt Island also has a Redevelopment Agency; Titusville is moving revenue in; it is not merely City revenue; and since the County collects County taxes on that property as well, it is taxing. County Attorney Scott Knox stated it is a State law.

Commissioner Ellis stated he does not like the redevelopment districts; the way they are set up on an incremental basis is as tax values increase in those areas, the tax increment goes to the redevelopment agency.

Ms. Blickley stated she and Ms. Polk helped TiCo keep half its money; and inquired what is it doing taking the monies the County is giving it and handing them to the Community Redevelopment Agency. Commissioner Ellis responded that is not correct; every taxing agency in that District, by Statute, is not allowed to collect that money; TiCo has no choice; and the money does not get to TiCo. Attorney Knox stated it is all the taxing agencies. Commissioner Ellis noted the thing to do is abolish the redevelopment agencies and abolish districts. Ms. Blickley stated the taxpayers' money is being wasted in Titusville to the Community Redevelopment Agency; it is ridiculous; the Agency is collecting $157,778; and she cannot see what it is doing with the money.

Commissioner Scarborough concurred with Attorney Knox's comments. Commissioner Ellis inquired why the City Council does not dissolve the District; stated he questions Merritt Island Redevelopment Agency every year which is the only one that is formed by the County; and he asks when it is going to be done so it can be dissolved.

Ms. Blickley stated as long as there are special interest groups as part of the Community Redevelopment Agency, they are never going to cancel it because it is all downtown business people. Commissioner Ellis stated the dissolution has to come from the City; with Ms. Blickley responding it will never happen.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 5:13 p.m.

ATTEST:

SANDY CRAWFORD, CLERK

(S E A L)

NANCY N. HIGGS, CHAIRMAN

BREVARD COUNTY, FLORIDA