The Board of County Commissioners of Brevard County, Florida, met in regular session on August 20, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Samuel Murrell, Tabernacle Church of Melbourne, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Minutes of March 8, 1996 Special Meeting and April 16, 1996 Regular Meeting. Motion carried and ordered unanimously.

REQUEST FOR EXECUTIVE SESSION, RE: MIORELLI ENGINEERING LAWSUIT

County Attorney Scott Knox requested permission to hold an executive session to discuss the Miorelli Engineering lawsuit.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize an executive session on the Miorelli lawsuit on August 29, 1996. Motion carried and ordered unanimously.

REPORT, RE: DONATION FROM GENESIS CABLE

Commissioner Scarborough advised the County will receive a donation of $2,500 from Genesis Cable for the television equipment used to televise Commission meetings; and expressed appreciation to the company.

REPORT, RE: ADDITIONAL FUNDS FOR ECONOMIC DEVELOPMENT COMMISSION

Commissioner Scarborough advised he read in the newspaper about the downsizing of Kennedy Space Center; the Board has been working with Economic Development Commission and gave it additional funding; there is an item on the Agenda today about revenue analysis; and it looks like there may be three to four million dollars more than anticipated. He stated Finance indicated some of it had been anticipated as cash forward, but there may be a couple hundred thousand dollars extra; and recommended the Board direct staff to do a more current revenue analysis. Commissioner Scarborough stated he would like to have the analysis in a timely fashion so the Board can consider including it in the budgetary discussions. He stated it would be nice to put another $100,000 into Economic Development Commission?s budget if there is extra money.

By consensus the Board instructed the County Manager to ensure it receives a current budget analysis prior to the budget hearings.

REPORT, RE: LUNCH FOR COMMUNITY BASED ORGANIZATION CITIZENS ADVISORY BOARD MEMBERS

Commissioner O?Brien advised of a letter from Bay Fowler, his appointed to the Community Based Organization Citizens Advisory Board, advising of the long days spent reviewing proposals, listening to 28 oral presentations, and completing their recommendations, and her suggestion that the County give the funds to United Way which is in the business and pay for lunches when they work all day.

Commissioner Ellis recommended they limit the presentations to 10 minutes so it can be done in one day.

Chairman Cook recommended the County Manager look into the possibility of providing lunches, and return with an answer on that.

REPORT, RE: TRIP TO WASHINGTON, D.C. ON BEACH RENOURISHMENT ISSUES

Commissioner O?Brien advised of his trip to Washington, D.C., various meetings with Congressman Weldon?s staff, Senators and other personnel, and with Corps of Engineers officials on funding for the sand bypass project, and House Bill 3592 and Senate Bill 640 which included $500,000 for preliminary engineering and design for Brevard County Storm Damage Prevention Project.

Commissioner O?Brien advised the newspaper said clammers were pulling up grass and destroying the river bottom; he received numerous calls and faxes on the issue; and Mr. Robert Day and Marty Smithson are here to address the issue. Robert Day with the Indian River Lagoon National Estuary, advised Department of Environmental Protection recently opened the area south of SR 528 on Merritt Island for clamming; residents have expressed concern about clammers working with rakes; their staff observed several people working in the seagrass beds with rakes, and floating mats of grass all over the place; so they have concerns about what is going on.

Marty Smithson advised St. Johns River Water Management District opened dialog with Department of Environmental Protection regarding opening of areas north of Nasa Causeway, and found there was no consideration of seagrass bed distribution. He stated the District maps all the grass beds and keeps track of seagrass bed distribution; and they requested Department of Environmental Protection get with them to simplify the process, and when a new area is open, the District be allowed to outline the area that may not be appropriate for shellfish harvesting.

Commissioner Higgs inquired if there is existing regulations the Marine Patrol can enforce; with Mr. Smithson responding the Florida Administrative Code prohibits mechanical harvesting in grassbeds; the law is vague on the definition of a seagrass bed; and that is where the District wants to offer its resources and define those areas.

Motion by Commissioner O?Brien, to authorize the Chairman to send a letter to Florida Marine Patrol locally and in Tallahassee stipulating the concern for the Indian River, that the Board endorsed the Indian River Lagoon Comprehensive Management Plan, and that it wants the Marine Patrol to protect the grass bottoms; and ask the Marine Resources Council to find volunteers to give the real science of the area they are clamming in right now to determine the truth.

Commissioner Higgs stated St. Johns District and the National Estuary have the science on where the actual beds are, but Marine Resources Council could be of assistance. Mr. Day stated the maps were done in 1994, but aerial photography of the entire river is being done this summer which will give a good idea where the beds are presently.

Discussion ensued on use of the GIS system, and cooperation with Florida Marine Patrol.

Commissioner Scarborough seconded the motion with an amendment that a draft of the letter be reviewed by Marty Smithson. Commissioner O?Brien accepted the amendment.

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

REPORT, RE: U.S. 192 IMPROVEMENTS

Chairman Cook advised he drafted a letter to the Chairman of the Osceola Board of County Commissioners regarding U.S. 192 improvements.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize the Chairman to send a letter to Osceola County supporting improvements to U.S. 192. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - FRANK HUNTER, RE: PROBLEMS IN LAKE WASHINGTON ACRES SUBDIVISION

Frank Hunter, representing the people of Lake Washington Subdivision, advised of problems with reckless discharging of firearms in the area of Lake Washington Acres, and speeding of boats in the canals which are hazardous to human life; and requested no wake zones in the canals.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to direct the County Manager to look into the possibility of posting no wake signs in canals adjacent to Lake Washington Acres Subdivision, and request a response from the Sheriff concerning random and reckless discharge of firearms in the Subdivision. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - COUNTY EMPLOYEES, RE: LONGEVITY AWARDS

The Board acknowledged presentations of longevity awards to Joseph Ameigh, Oscar Harris, William Whaley, Edward Denese, and Roger Williams for 25 years, and Ella Brown, Kathryn Stewart, Virginia Yuhr, Marsha Cantrell, Jan McLarty, and Emmett Ferrell for 20 years of service with Brevard County.

PERSONAL APPEARANCE - KAREN ANDERSON, RE: RESOLUTION PROCLAIMING AMERICAN BUSINESS WOMEN?S DAY

Commissioner Ellis read aloud a Resolution proclaiming August 24, 1996, as American Business Women?s Day in Brevard County, and presented the Resolution to Karen Anderson of Space Port Chapter of the American Business Women?s Association.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution proclaiming August 24, 1996 as American Business Women?s Day in Brevard County. Motion carried and ordered unanimously.

Karen Anderson thanked the Board for the Resolution and advised that a luncheon will be held at the Melbourne Airport Hilton with the guest speaker being Senator Patsy Kurth.

EASEMENT WAIVER, RE: TARA PLANTATION STABLES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive easement requirements, and approve the use of a 25-foot access easement for Tara Plantation Stables Site Plan SP#96-06-004. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH THE CLOISTERS DEVELOPMENT GROUP, LTD. AND FIFTH THIRD BANK OF NORTHWESTERN OHIO, RE: IMPROVEMENTS IN THE CLOISTERS, PHASE III B

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Escrow Agreement with The Cloisters Development Group, Ltd. and Fifth Third Bank of Northwestern Ohio, guaranteeing maintenance for The Cloisters, Phase III B. Motion carried and ordered unanimously.

GRANT AWARD AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORIC PRESERVATION, RE: BREVARD COUNTY HISTORY BOOK, VOLUME II

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Grant Award Agreement with Florida Department of State, Division of Historic Preservation, in the amount of $11,855 for the Brevard County History Book, Volume II; and authorize the County Manager or his designee to execute payment requests. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: AMENDING BREVARD MPO BUDGET

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Budget Change Request, amending the Brevard MPO budget Fund 0360. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH CONTINENTAL ACREAGE DEVELOPMENT CO., INC., RE: CARPENTER ROAD BIKEPATH

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Contract Modification #1 with Continental Acreage Development Co., Inc., increasing contract amount and time for Carpenter Road Bikepath project; and approve final payment to the Co. in the amount of $38,520.67. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: 800 MHZ RADIOS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the purchase of 800 MHZ radios, accessories and associated programming for Road and Bridge at $60,053 from Ericson Equipment for the radios and Communications International for installation of new equipment, programming, and removal of old equipment at $17,890. Motion carried and ordered unanimously.

RIGHT-OF-WAY USE AGREEMENT WITH HOLIDAY SPRINGS AT SUNTREE PROPERTY OWNERS ASSOCIATION, INC., RE: LANDSCAPE IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Right-of-way Use Agreement with Holiday Springs at Suntree Property Owners Association, Inc. for landscape improvements for a period of ten years. Motion carried and ordered unanimously.

APPROVAL OF PURCHASE, RE: SEA PARK STORMWATER POND SITE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the purchase of 3.46 acres at Sea Park by Surface Water Improvement from Water Resources Department for a regional stormwater detention pond, at a cost of $1,730. Motion carried and ordered unanimously.

AGREEMENT WITH THE SOUTH BREVARD WOMEN?S CENTER, INC., RE: COUNSELING SESSIONS TO INDIVIDUALS AND FAMILIES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with the South Brevard Women?s Center, Inc. to provide counseling services from October 1, 1996 through September 30, 1997 at $4,000.00. Motion carried and ordered unanimously.

CONTRACTUAL SERVICES PURCHASE ORDER ACCEPTANCE AGREEMENT WITH FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, AND FOLLOW-UP BUDGET AMENDMENTS, RE: AFTER SCHOOL ACTIVITIES PROGRAM AT COUNTRY ACRES PARENTAL HOME

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Contractual Services Purchase Order Acceptance Agreement with Florida Department of Health and Rehabilitative Services, Mental Health Program Office, for reimbursement of services provided in the After School Activities Program at Country Acres Parental Home; and authorize the Chairman to execute follow-up amendments to the budget. Motion carried and ordered unanimously.

APPLICATION AND AGREEMENT WITH FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RE: DONATED COMMODITIES FOR COUNTRY ACRES PARENTAL HOME

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Application and Agreement with Florida Department of Health and Rehabilitative Services to allow Country Acres Parental Home to receive donated USDA commodity items, from July 1, 1996 through June 30, 1997. Motion carried and ordered unanimously.

AUTHORIZATION TO UPDATE APPRAISALS AND NEGOTIATE PURCHASE, RE: COCHRAN PROPERTY IN INDIAN RIVER ISLES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize staff to obtain updates to two appraisals, and authorize Parks and Recreation Director to negotiate purchase of the Cochran property in Indian River Isles. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH GENCO BUILDING SYSTEMS, RE: ROTARY RIVERFRONT PARK CONSTRUCTION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 1 to Agreement with Genco Building Systems for construction of Rotary Riverfront Park, extending time by 11 days due to inclement weather. Motion carried and ordered unanimously.

AGREEMENTS WITH ARTHRITIS FOUNDATION, RE: GOLF CARD MEMBERSHIPS AT SAVANNAHS, SPESSARD HOLLAND AND HABITAT GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreements with Arthritis Foundation to allow the use of golf card memberships at Savannahs at Sykes Creek, Spessard Holland, and Habitat at Valkaria Golf Courses from May 1, 1997 through November 30, 1997. Motion carried and ordered unanimously.

APPOINTMENT, RE: BREVARD COUNTY PUBLIC GOLF ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Cecil Wilson, 175 Sea Dunes Drive, Melbourne Beach 32951, to the Brevard County Public Golf Advisory Board, representing the Habitat Golf Course. Motion carried and ordered unanimously.

RESOLUTION AND APPLICATION, RE: HRS TRUST GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution authorizing application for the annual HRS Trust Grant, and authorize the Chairman to sign the application and Resolution. Motion carried and ordered unanimously.

APPROVAL OF TRANSFER AND ACCEPTANCE WITH CITY OF ROCKLEDGE, RE: VEHICLES FOR FIRE RESCUE DIVISION Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the transfer of a 1986 step van, PR #F329-0250-000 to the City of Rockledge, and accept donation of a 1974 Ford delivery truck, VIN #N81EVT45945 from the City for Fire Rescue Division. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: CONTRACTED SERVICES OF MEDICAL DIRECTOR

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise request for proposals for contracted services of a medical director. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND PURCHASE, RE: AIR PAKS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise request for proposals for air paks, and authorize the purchase of 26 Scott air paks. Motion carried and ordered unanimously.

MEDICAID PROVIDER AGREEMENT WITH AGENCY FOR HEALTH CARE ADMINISTRATION, RE: SCAT RE-ENROLLMENT AS MEDICAID PROVIDER

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Medicaid Provider Agreement with Agency for Health Care Administration for Space Coast Area Transit to provide transportation for Medicaid recipients. Motion carried and ordered unanimously.

APPROVAL OF AIRFARE EXPENSES, RE: FOUR BRITISH TRAVEL MEDIA TO PARTICIPATE IN TOURIST DEVELOPMENT COUNCIL FAMILIARIZATION TOUR

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve funding for up to four airline tickets from London, England to Melbourne, Florida, for British travel media to participate in a familiarization tour organized by the Tourist Development Council?s public relations agency, at an estimated total cost of $4,200. Motion carried and ordered unanimously.

TASK ORDER NO. 7 TO AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: GROUND WATER MONITORING SYSTEM AT SARNO LANDFILL

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Task Order No. 7 to Agreement with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering services associated with design and installation of the ground water monitoring system at Sarno Landfill at not to exceed $157,500. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENTS WITH CITIES, RE: HURRICANE DEBRIS CLEAN UP

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Interlocal Agreements with Cities of Cape Canaveral, Cocoa, Cocoa Beach, Indian Harbour Beach, Palm Bay, Rockledge, Satellite Beach, Titusville, Melbourne, West Melbourne, and Towns of Palm Shores, Melbourne Beach, Malabar, Indialantic, and Melbourne Village, for debris clean up following a natural disaster. Motion carried and ordered unanimously.

OPTION AGREEMENT WITH THE NATURE CONSERVANCY, RE: PURCHASE OF PROPERTY WITHIN MARITIME HAMMOCK CARL PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Option Agreement with The Nature Conservancy for purchase of 10.21? acres within the Maritime Hammock CARL project; and authorize the Chairman to sign the Option Agreements. Motion carried and ordered unanimously.

CHANGE ORDERS 1 AND 2 WITH PRIORITY ONE CONSTRUCTION, RE: CAPE CANAVERAL PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Orders 1 and 2 to Agreement with Priority One Construction for Cape Canaveral Public Library renovations and additions, reducing contract price by $3,676.15 as the City waived the building permit fees, and increasing contract price by $19,735.86 for five split heat pump systems. Motion carried and ordered unanimously.

PERMISSION TO ISSUE, RE: ANNUAL SUPPLY BIDS, QUOTES, AND PROPOSALS FOR FY 1997

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Purchasing Division to proceed with issuing and awarding supply bids, quotations, and proposals for commodities, and renewal of options as needed for the items listed. Motion carried and ordered unanimously.

COUNTY DEED TO BARNETT BANK, RE: TAX DEED FORECLOSURE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute County Deed conveying Lot 6 of Indian Oaks, to Barnett Bank of Palm Beach County which was part of a tax deed sale. Motion carried and ordered unanimously.

STIPULATED FINAL JUDGMENT, RE: DAIRY ROAD LITIGATION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Stipulated Final Judgment for attorneys? fees and costs for Dairy Road litigation, involving Chung, Belcher, Hendricksen, Reich, Story and Wells parcels at a total cost of $34,070.08. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept the Investment Activity Report as of June 30, 1996. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

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

Sign Ordinance Task Force
Jarvis Olson, 248 Via Havarre, Merritt Island 32952
Duane Watson, 335 S. Plumosa, Merritt Island 32952

Merritt Island Redevelopment Agency
Mike Erdman, 445 E. Merritt Island Causeway, Merritt Island 32952

Merritt Island/Beaches Service Sector Advisory Board
Shantenese Williams, 730 Buttonwood Drive, Merritt Island 32953

Commission on the Status of Women
Gayle Cannon, 529 Southern Hills Court, Melbourne 32940
Ella Edwards, 580 Arcadia Avenue NE, Palm Bay 32907
Cathy Stanton, 1976 Tyler Avenue, Melbourne 32935

South Mainland Library Advisory Board
Marie Bergamini, 7660 Great Bear Lake Drive, Snug Harbor 32976

Building and Construction Advisory Committee
Ed Fleis, 280 Sea Dunes Drive, Melbourne Beach 32951

Extension Advisory Council
Cameron Donaldson, 2112 Helen Street, Melbourne 32901

Art in Public Places Advisory Committee
Mary Herzig, 535 Cinnamon Drive, Satellite Beach 32937

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve bills and budget transfers as presented. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING CONSERVATION EASEMENT IN ISLAND CROSSINGS, PHASE 1 - PULTE HOME CORPORATION

Chairman Cook called for the public hearing to consider a resolution vacating a conservation easement in Island Crossings, Phase 1, as petitioned by Pulte Home Corporation.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution vacating a conservation easement in Island Crossings, Phase 1, as petition by Pulte Home Corporation. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN ATLANTIC GARDENS - JAMES C. AND MELISSA P. BAUM

Chairman Cook called for the public hearing to consider a resolution vacating a public utility easement in Atlantic Gardens, as petitioned by James C. and Melissa P. Baum.

There being no objections heard, motion was made by Commissioner Ellis, seconded by Commissioner O?Brien, to adopt Resolution vacating a public utility easement in Atlantic Gardens, as petitioned by James C. and Melissa P. Baum. Motion carried and ordered unanimously.

TRANSFER OF NON-EXCLUSIVE CABLE TELEVISION FRANCHISE AGREEMENT, RE: BREVARD SPACECOAST CABLEVISION, LTD. d/b/a DISCOVERY CABLE TO GENESIS CABLE COMMUNICATIONS, L.L.C.

Chairman Cook called for the public hearing to consider the transfer of a non-exclusive cable television franchise from Brevard Spacecoast Cablevision, Ltd. d/b/a Discovery Cable, to Genesis Cable Communications, L.L.C.

Commissioner Scarborough advised Genesis Cable will serve the Mims and Scottsmoor areas.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the transfer of a non-exclusive cable television franchise agreement from Brevard Spacecoast Cablevision, Ltd. d/b/a Discovery Cable, to Genesis Cable Communications, L.L.C. to provide cable service to the Mims and Scottsmoor areas; and execute the Consent to Transfer Agreement. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE EXPANDING CONTRACTORS LICENSING BOARD TO HEAR APPEALS TO FIRE CODE

Chairman Cook called for the public hearing to consider an ordinance expanding the Contractors Licensing Board to hear appeals to the Fire Code.

Commissioner Ellis inquired if two of the ten members have expertise in the Fire Code; with Chief Michael Taggart responding the Board could draw from retired fire marshals or residents with fire safety experience. A staff member stated they would only be in attendance when there is an appeal before the Board regarding the Fire Code.

Discussion ensued on the number of members on the Contractors Licensing Board, and the need to have at least two members with experience in fire safety.

There being no further comments or objections heard, motion was made by Commissioner Ellis, seconded by Commissioner O?Brien, to adopt Ordinance amending Chapter 22, Division 2, Brevard County Code of Ordinances, relating to the Contractors Licensing Board; specifically amending Section 22-501(A), Creation, Composition, providing for expansion of membership; specifically amending Section 22-502(C), Powers and Duties, providing for inclusion of Fire Code; specifically amending Section 22-503, Secretary, providing for inclusion of Fire Code; specifically amending Section 22-505, Appeals, providing for inclusion of Fire Code; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code; and providing for an effective date, as amended to establish a 12-member board with two members having expertise in fire safety codes, and those two members only serve at hearings regarding the Fire Codes. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT 96A

Chairman Cook called for the public hearing to consider an ordinance adopting the Comprehensive Plan Amendment 96A.

Larry Harrell advised he agrees with the amendments.

Mel Scott explained Request 96A.1, Valkaria, changing density from urban fringe four units per acre to suburban one unit per acre.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Request 96A.1. Motion carried and ordered unanimously.

Mr. Scott explained Request 96A.2, Valkaria, changing from mixed use district to residential.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Request 96A.2. Motion carried and ordered unanimously.

Mr. Scott explained Request 96A.3, Valkaria, changing from public facilities to recreation.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Request 96A.3. Motion carried and ordered unanimously.

Mr. Scott explained Request 96A.4, Valkaria, changing from mixed use district to residential.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Request 96A.4. Motion carried and ordered unanimously.

Mr. Scott explained Request 96A.5, Valkaria, changing from agricultural to residential.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Request 96A.5. Motion carried and ordered; Commissioner O?Brien voted nay.

Mr. Scott explained Request 96A. Ports, Aviation, and Related Facilities Element, to eliminate acreage requirements applicable to the Valkaria Airport in light of the Valkaria Airport Master Plan.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve Request 96A, Ports, Aviation and Related Facilities Element change. Motion carried and ordered unanimously.

Mr. Scott explained Request 96.A.1, Grissom Parkway, changing land use from residential to mixed use district on 200 acres.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Request 96A.1, Grissom Parkway.

Commissioner Higgs inquired if comments were received from Department of Community Affairs on the cumulative effect it will have on the roadway; with Mr. Scott responding Department of Community Affairs wants to make sure the County goes through the proper mechanisms and addresses problems as they arise and concurrency mandates when it reaches a certain level of service. Commissioner Higgs stated the character of the land is 21% wetlands and 36% floodplain; and it is inconsistent with the Comprehensive Plan, so she cannot support the amendment.

Commissioner Scarborough stated it encompasses a large area and requires property owners to do wise planning to handle those problems, but there are so few interchanges with I-95, so it is compelling to move forward. Commissioner Higgs stated she supports the interchange but not changing 200 acres into mixed use district.

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

Mr. Scott advised Request 96A.2, Grissom Parkway, changes residential land use to planned industrial park on 10 acres.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Request 96A.2, Grissom Parkway. Motion carried and ordered unanimously.

Mr. Scott advised Request 96A.4, Grissom Parkway, changes land use from residential to mixed use district on 1.25 acres.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Request 96A.4, Grissom Parkway. Motion carried and ordered unanimously.

Mr. Scott advised Request 96A.5, Grissom Parkway, changes residential land use to mixed use district on 15 acres.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Request 96A.5, Grissom Parkway. Motion carried and ordered unanimously.

Mr. Scott advised Request 96A, Data, Inventory and Analysis Deletions, deletes the introductory datum, inventories, and analyses which were adopted as part of the original Comprehensive Plan, but not updated since September, 1988. He stated the proposal is consistent with Chapter 163.3177(8), Florida Statutes.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Request 96A, Data, Inventory and Analysis Deletions. Motion carried and ordered unanimously.

Mr. Scott advised Request 96A, Amendment to Historic Preservation Element, allows greater flexibility to the Board in appointing members to serve on the Historical Commission.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Request 96A, Amendment to Historic Preservation Element. Motion carried and ordered unanimously.

Mr. Scott read the final motion adopting the 1996A Comprehensive Plan Amendment including Valkaria 1 through 5, Grissom Parkway 1, 2, 4 and 5, Data, Inventory, and Analysis Element changes, and amendment to the Historic Preservation Element.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the final motion and adopt Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled The 1988 Comprehensive Plan, setting forth Plan Amendment 96A of the Comprehensive Plan; amending Section 62-501 entitled Contacts of the Plan; specifically amending the Future Land Use Map Series, Future Land Use Element, Conservation Element, Traffic Circulation Element, Recreation and Open Space Element, Historic Preservation Element, Surface Water Management Element, Housing Element, Potable Water Element, Sanitary Sewer Element, Solid Waste and Hazardous Materials Element, Mass Transit Element, Ports, Aviation, and Related Facilities Element, Coastal Management Element, Intergovernmental Coordination Element, and Capital Improvements and Programs Element, and the Data, Inventory, and Analysis portions of the Comprehensive Plan; and provisions which require amendment to maintain internal consistency with the amendments; providing legal status; providing severability clause; and providing an effective date. Motion carried and ordered unanimously. PUBLIC HEARING, RE: RESOLUTION VACATING TRACT A AND PU&DE IN WATERWAY ESTATES, 4TH AND 5TH ADDITIONS - CARL F. AND INGE HUNTER

Chairman Cook called for the public hearing to consider a resolution vacating Tract A and public utilities and drainage easement in Waterway Estates, 4th and 5th Additions, as petitioned by Carl F. and Inge Hunter.

There being no objections heard, motion was made by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution vacating Tract A and public utility and drainage easement in Waterway Estates, 4th and 5th Additions, as petitioned by Carl F. and Inge Hunter. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF REPORT, RE: ALLEGATIONS ON AWARDING OF HYDRAULIC PARTS AND SERVICES PURCHASE ORDERS

County Manager Tom Jenkins explained the allegations made by Charles Monk of Hydraulic Equipment Sales & Services regarding award of hydraulic parts and services at the June 4, 1996 meeting, and the facts relating to each allegation. He stated the County Attorney sent the allegations to the State Attorney for investigation; Mr. Monk said there was no wrongdoing by County staff and no proof for his allegations; and the State Attorney?s response states, "Based on Mr. Monk?s inability to provide any facts that a crime has or is being committed by anyone, there is not a good faith basis to conduct a criminal investigation."

Commissioner Scarborough stated he hopes Mr. Monk extends an apology to County staff; and unless people can substantiate allegations, the Board should be cautious when handling those things. Commissioner Ellis stated Mr. Monk was given the figure of $350,000 instead of $3,500 by Finance; and that was the source of the conflict. Mr. Jenkins stated he can appreciate that, but Mr. Monk went far beyond it and accused staff of bid tampering which staff did not deserve. Commissioner O?Brien stated there was disparity on a Central Fleet item of what he was told and what was in the books; the numbers did not match up; but the allegations of bid tampering bothered him, and this report exonerates those parties involved. Chairman Cook stated the Board has an obligation to take allegations seriously, but they need to be substantiated before allowing people to come up and say those things. Commissioner Higgs stated the report is thorough and she appreciates that; and those who make allegations need to substantiate them and investigate them and bring facts that the Board can act on, and not just allegations to damage people.

The Board acknowledged receipt of a report responding to allegations regarding award of hydraulic parts and services brought forth by Charles Monk.

ACKNOWLEDGE RECEIPT OF REPORT, RE: JANITORIAL SUPPLY BID

County Manager Tom Jenkins explained the allegations made by Melbourne Janitorial Supply Company regarding the Janitorial Supply Bid at the May 7, 1996 meeting, and the summary of facts, dispute over price increases, and procedural changes to prevent bid items being purchased from other than the awarded vendor.

The Board acknowledged receipt of a report responding to allegations regarding the janitorial supply bid, but took no official action.

RESOLUTION, RE: AUTHORIZING REFINANCING OF EXISTING DEBT OF MERRITT ISLAND REDEVELOPMENT AGENCY

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to adopt Resolution authorizing Merritt Island Redevelopment Agency (MIRA), pursuant to Section 163.385, Florida Statutes, to refund certain outstanding obligations of the Agency by issuance of its Special Obligation Revenue Bond, Series 1996; and providing an effective date. Motion carried and ordered unanimously.

WAIVER OF MAXIMUM CONSTRUCTION DISTANCE, RE: SERNA AVENUE EXTENSION

Buzz Tietig, representing Farm and Grove Realty, advised of the need for the waiver to improve his five lots and five lots owned by other people on Serna Avenue. He stated he checked every Florida Statutes and Ordinance to make sure the lots were saleable before he purchased them, but over time the County changed its regulations, and out of 675 lots, only 25 are saleable. He stated it will put his company out of business and exhaust his revenues.

The Board discussed the 1,320 feet maximum extension, provisions for waiver, conditions required to grant waivers, and provisions of the Dirt Road Ordinance.

Commissioner Higgs stated there are specific conditions that do not exist for this situation. Gwen Heller advised there are five exact requirements; and if they are met, staff can grant the waiver without bringing it to the Board; however, this item did not meet all five requirements.

Chairman Cook stated staff recommended approval. Mr. Jenkins advised staff does not have the authority to approve it because it does not meet all the criteria, but they recommended the Board approve it since it can waive the criteria.

County Attorney Scott Knox advised staff has criteria to make decisions to administratively grant waivers; and staff denied this request, so the issue is before the Board as an appeal because Mr. Tietig said he qualifies.

Discussion continued on paving the road, Farnsworth Avenue being on the list for paving, the five criteria, the MSBU Ordinance, hardship, increased value of lots after road is put in, and setting a precedent with this road if approved.

Chairman Cook inquired what was the reason for making the distance of a dirt road 1,320 feet; with Ms. Heller responding the intent was to allow access to unbuildable lots, and the quarter mile was to control the number of lots and the access in that area. Mr. Jenkins stated maintenance was also associated with it.

Mr. Tietig stated he would need a surveyor, engineer, two permits from the County and two permits from St. Johns River Water Management District; and if all the costs to pave the road is put on his five lots, he would be paying 100% instead of 50%. Commissioner Higgs stated she is not trying to do any harm to Mr. Tietig; however, the Board should stick to its Ordinance. Mr. Tietig stated people should pay their fair share; with Commissioner Higgs responding an MSBU would make the situation equitable.

Motion by Commissioner Ellis, to approve the waiver of the maximum construction distance for Serna Avenue extension. Motion died for lack of a second.

Commissioner Higgs inquired if there is an alternative for paving Farnsworth and Serna; with Code Compliance Director Ralph Brescia responding at this time the only alternative is to pave it.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to deny the waiver of the maximum construction distance for Serna Avenue extension. Motion carried and ordered; Commissioner Ellis voted nay.

The meeting recessed at 10:55 a.m. and reconvened at 11:10 a.m.

USE AGREEMENT AND CONTRACT FOR SALE AND PURCHASE WITH CITY OF SATELLITE BEACH, RE: INDIAN HARBOUR BEACH WASTEWATER TREATMENT PLANT PROPERTY

Parks and Recreation Director Charles Nelson advised the property is surplus to the County?s needs, and staff worked with the City of Satellite Beach to purchase the property.

David Schechter, Mayor of Satellite Beach, advised they were looking for space and became aware of the Indian Harbour Beach plant; and they approached Commissioner Cook to work out some way to use it for recreation. He stated it is a win/win situation; and they will develop it in the future.

Jim Theriac, representing Tortoise Island Homeowners, advised there are 300 homes in Tortoise Island and most have children and use Satellite Beach facilities; they need a place for children; the land is perfect; and if the Board agrees, it will help the citizens.

Tony Boob, Satellite Beach Recreation Board Chairman, advised acquisition of the land is crucial to the facility needs in Satellite Beach; top law enforcement officials have gone to prevention versus incarceration; and he hopes the Board will give them the opportunity to do something positive for the children and families in Satellite Beach, and reduce the number of at-risk children.

Chairman Cook stated it is a win/win situation and will serve the needs of the City and County.

Commissioner Scarborough inquired about the bond; with County Attorney Scott Knox responding it expires in the year 2016.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to declare portions of the Indian Harbour Beach Wastewater Treatment Plant property as surplus to County needs; execute Use Agreement and Contract for Sale and Purchase with City of Satellite Beach for the property at a cost of $100, with language that closing will not be before December 31, 2016. Motion carried and ordered unanimously.

DISCUSSION, RE: SHERIFF?S REQUEST FOR USE OF TENTS

Commander Jack Parker request the Board authorize tents adjacent to the main jail for weekenders to assist with the overcrowding situation at the jail. He stated it will also reduce contraband problems in the main jail.

The Board discussed opening of additional facilities for more capacity, use of tents instead of building additional facilities, classification of inmates, the current capacity and population of the jail, security, double bunking, sales tax referendum, and tents as a short-term solution.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the Sheriff to use tents adjacent to the Minimum Security Building to house inmates sentenced to jail on weekends. Motion carried and ordered unanimously.

DISCUSSION, RE: SUPERVISOR OF ELECTIONS FY 1997 BUDGET REQUEST

Supervisor of Elections Fred Galey advised the October 2, 1996 Primary will not be held; the $144,000 he submitted to the Board is fair; and any further reductions will impinge on his ability to do his job.

Chairman Cook inquired why the Board was charged $200,000 for the referendum and $144,000 for the Primary Election; with Mr. Galey responding it depends on the rental of equipment, number of workers, and election costs.

Discussion ensued on rental charges, card readers, increase in voters, cost of ballots, security, spreading costs over three elections, cellular phones, petition verification, changes in Election Budget each year due to cyclical activity of elections, and shortfall of $51,000. Mr. Galey advised in 1993 the budget was $558,000; in 1994 it was $352,000; in 1995 it was $577,000; in 1996 it was $784,000; and in 1997 it is proposed at $398,000. Discussion continued on proposed reductions to the budget. Commissioner O?Brien stated Mr. Galey is the only constitutional officer who offered to reduce his budget.

The Board took no action to reduce the Supervisor of Elections FY 1997 budget at this time.

DISCUSSION, RE: WAIVER OF FEES FOR SPACE COAST MARINE INSTITUTE

Assistant County Manager Joan Madden advised of the types of County fees that can be waived for the Space Coast Marine Institute; and noted Solid Waste impact fees cannot be waived.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to waive zoning, site plan review, concurrency, building permit fees, and any fees that can be legally waived for the Space Coast Marine Institute. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: HARTVILLE AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve installation of speed humps on Hartville Avenue at approximate cost of $3,125. Motion carried and ordered; Commissioner Ellis voted nay.

RESOLUTION, RE: GOVERNOR?S APPOINTMENTS TO MARINE FISHERIES COMMISSION

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to adopt Resolution requesting appointment of commercial fishermen to the Marine Fisheries Commission. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE NO. 96-19 FROM CITY OF WEST MELBOURNE, RE: VOLUNTARY ANNEXATION

Commissioner Scarborough advised it would be advantageous to work out an agreement with the City of West Melbourne for joint maintenance and cost sharing to maintain the canal between the property and Dike Road. Commissioner Ellis stated it will hold up the property owner involved in the annexation. Planner Todd Corwin advised the County has 30 days to acknowledge the Ordinance, or take it to court under Chapter 171. Commissioner Ellis stated the canal is part of Crane Creek.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table the Ordinance from City of West Melbourne on voluntary annexation, and direct staff to bring back an agreement with the City for shared maintenance costs for the existing Crane Creek lateral canal system on August 27, 1996. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF GOLF COURSE OPERATIONS

Parks and Recreation Director Charles Nelson advised of changes to provide control and monitoring, and a new manager of the Golf Course Operations.

Commissioner Scarborough stated the Board will get a follow-up report if the findings have not been corrected.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of Internal Audit conducted of the Golf Course Operations for the period October 1, 1991 through June 30, 1994. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF PALM BAY AND DISTRICT BOARD OF TRUSTEES FOR BREVARD COMMUNITY COLLEGE, RE: COMMUNITY SWIMMING POOL

Commissioner O?Brien stated the contract should include that it will be fully funded by fees. Chairman Cook stated he concurs, but it can be done without amending the agreement.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to include a policy that the pool is to be fee supported. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to execute Agreement with City of Palm Bay and District Board of Trustees for Brevard Community College for construction, maintenance, and operation of a community swimming pool at Palm Bay Campus of Brevard Community College. Motion carried and ordered unanimously.

PUBLIC COMMENTS - HELEN THOMAS, RE: REFERRALS TO FDLE

Helen Thomas advised on July 2, 1996, she came before the Board and asked where citizens go for justice when law enforcement will not enforce the laws; Commissioner O?Brien recommended Mr. Jenkins put her in touch with FDLE; Mr. Jenkins called Wayne Holmes, Assistant State Attorney, who called Chief Chandler of the Melbourne Police Department, who then called her on July 8, and said he heard about her statement that the police reports were inaccurate. She gave a detailed account of her conversations with Chief Chandler of Melbourne Police Department and Mr. McMann of Florida Department of Law Enforcement; and indicated nobody was concerned about the stalking and break-ins she experienced for a period of ten years. She described some of the problems she encountered with her neighbors; quoted from the police report; and stated Mr. McMann called her on August 9, to tell her he found no fault with the Melbourne Police Department and the investigation was closed.

County Manager Tom Jenkins advised the Board asked him to find out what Agency could investigate Ms. Thomas? problems; he called Wayne Holmes, Chief Assistant State Attorney, who indicated those matters are normally handled by the Internal Affairs Section of the Police Department involved; Mr. Holmes did not call Chief Chandler, he did; and Chief Chandler offered to contact Ms. Thomas to discuss it with her. He stated Chief Chandler called him and said it was not successful, and indicated the next step would be to go to the FDLE; and he initiated contact with FDLE and asked them to contact Ms. Thomas. Mr. Jenkins advised he contacted Ms. Thomas to inform her; she asked where she could go to next; and he indicated the FDLE had a larger office in Orlando, and that would probably be the next logical step. Ms. Thomas stated that is incorrect; she contacted the Orlando FDLE Office by looking in her Orlando phone book; and made comments about Mr. McMann, Mr. Jenkins, and Chief Chandler.

Commissioner Scarborough advised Chief Chandler, the State Attorney, and FDLE do not report to the Board; they are independent agencies under other jurisdictions; there may have been some confusion, but Mr. Jenkins acted as the Board instructed; and it is unfortunate things did not work out, but the Board does not have jurisdiction to mandate anything for Melbourne, the State, or the State Attorney.

Commissioner O?Brien inquired if Ms. Thomas addressed the Melbourne City Council; with Ms. Thomas responding no. Commissioner O?Brien suggested that would be her best bet as the City Council has jurisdiction over the police department, and it is beyond this Board?s capability.

Upon motion and vote, the meeting adjourned at 12:35 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(SEAL)