The Board of County Commissioners of Brevard County, Florida, met in regular session on November 12, 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, and Nancy Higgs, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Scarborough.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

AGENDA CHANGE

County Manager Tom Jenkins requested Item III.B.16 be deleted.

REPORT, RE: MEETING WITH FLORIDA CITIES WATER COMPANY

County Attorney Scott Knox advised of a meeting with Avatar Utilities/Florida Cities Water Company at which the Company indicated it did not wish to sell, and suggested the County move ahead with condemnation. He stated he will provide a written report.

RESOLUTION, RE: COMMENDING DR. ALSTON BROWN

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution commending Dr. Alston Brown for his thirty-five years of service to the community. Motion carried and ordered unanimously.

DISCUSSION, RE: DISTRICT 5 COMMISSIONER

Commissioner Scarborough advised District 5 is not represented today because the Governor failed to appoint; and requested there be some sensitivity to allow District 5 input.

Chairman Cook welcomed Commissioner Helen Voltz; and requested she advise the Board if there is anything that should be deferred.

REPORT, RE: REMOVAL OF CAMPAIGN SIGNS

Commissioner O?Brien expressed appreciation to Florida Department of Transportation, Road and Bridges, and candidates for removing campaign signs quickly. He congratulated Commissioners Scarborough and Higgs on their re-election and Commissioner Voltz on her election.

APPOINTMENT, RE: MEDICAL EXAMINER SELECTION COMMITTEE

Chairman Cook advised the State Attorney has requested an appointee to the Medical Examiner Selection Committee.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Commissioner Mark Cook to the Medical Examiner Selection Committee. Motion carried and ordered unanimously.

REPORT, RE: NOVEMBER 5, 1996 ELECTION

Chairman Cook reported on the problems with the vote counting for the November 5, 1996 election, which were due to human error; and expressed appreciation to Judge Majeed for his input and support.

Commissioner Scarborough requested a memorandum outlining the problems.

FINAL ENGINEERING APPROVAL, RE: CREEKWOOD SUBDIVISION

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant final engineering approval for Creekwood Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: GREEN ACRES SUBDIVISION

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant final engineering approval for Green Acres Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA NORTH, TRACT G-2, PHASE 3

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant final plat approval for Viera North, Tract G-2, Phase 3, subject to minor changes if necessary and receipt of documents required for recording. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: ISLAND CROSSING, PHASE II

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant final plat approval for Island Crossing, Phase II, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH THOMAS PICCIRILLI, RE: JUDY KAY ROAD

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Unpaved Road Agreement with Thomas Piccirilli for a building permit off Judy Kay Road, an existing County right-of-way constructed to the standards of the Unpaved Road Ordinance 96-25. Motion carried and ordered unanimously.

AUTHORIZATION TO INCREASE LOAN, RE: OPERATING CAPITAL FOR BREVARD MPO

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve increasing the revolving general fund loan for Brevard MPO for operating capital from $80,000 to $110,000. Motion carried and ordered unanimously.

APPROVAL TO REMOVE ITEMS, RE: PUBLIC WORKS DEPARTMENT INVENTORY

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve removal of a IBM Quiet Writer 3 Printer PR #A026-0367, Streeter Amet Traffic Counter PR #N890-0303, Streeter Amet Traffic Peak PR #N890-0345, Red Metal Record Browser PR #B093-0164, Blue Metal Record Browser PR #B093-0163, Dictaphone Display Recorder PR #A013-0716, and Motorola Mobile Radio PR #D202-0236 from the Public Works Department property inventory. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SPEED HUMP SURVEY FOR SOUTH TROPICAL TRAIL

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to acknowledge results of survey conducted on South Tropical Trail from Pineda Causeway south to Mathers Bridge, including Point Drive south of Mathers Bridge, to determine whether to keep or remove existing speed humps. Motion carried and ordered unanimously.

REDUCTION OF RETAINAGE FOR SUBCONTRACTORS, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve reduction of retainage for Harry T. and Harriette V. Moore Justice Center to $75,000 in accordance with the Construction Management Agreement, and payment of remaining retainage to subcontractors as each unfinished item is completed. Motion carried and ordered unanimously.

AMENDMENT #3 TO AGREEMENT WITH SKLOW & RUNKEL, RE: RENOVATION OF GOVERNMENT CENTER BUILDINGS B, D, AND E AND ROCKLEDGE COURTHOUSE

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Amendment #3 to Agreement with Sklow & Runkel Consulting Engineers for modifications in the Architect?s basic services for Buildings B, D, and E at the Government Center and Rockledge Courthouse renovations to accommodate the State Attorney, Public Defender and County staff. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CITY OF MELBOURNE, RE: EXPANDED SEWER CAPACITY

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with the City of Melbourne for expanded sewer capacity for the Animal Shelter located at 5100 West Eau Gallie Boulevard, Melbourne. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST MARINE INSTITUTE AID, INC., RE: SEWAGE CAPACITY FOR NEW SCMI FACILITY

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Agreement with Space Coast Marine Institute Aid, Inc. for sewage capacity from existing County facilities to the new SCI facility from November 12, 1996 through November 11, 1999. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH FAMILY COUNSELING CENTER, RE: COUNSELING FOR JUVENILE SEX OFFENDERS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Family Counseling Center, Inc., retroactive to October 1, 1996 through September 30, 1997, for provision of counseling to juvenile sex offenders; and approve reallocation of $5,000 declined by New Life Options, Inc. for a total of $55,000. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-HALL, INC., RE: EXPANSION OF WOMEN?S DORMITORY

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Agreement with Alco-Hall, Inc. for funding in the amount of $24,014 for the expansion of the women?s dormitory, effective October 22, 1996 through July 28, 1997. Motion carried and ordered unanimously.

AGREEMENTS WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, RE: 1996 CDBG PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Agreements with U.S. Department of Housing and Urban Development for 1996 CDBG Program and HOME Investment Partnership Program funds. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: RECEIPT OF INSURANCE PROCEEDS FOR DAMAGED BOOKS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Budget Change Request for insurance proceeds in the amount of $4,437.70 for damaged books at the Port St. John Library. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH TITUSVILLE ROTARY CLUB, INC., RE: DEVELOPMENT OF ROTARY RIVERFRONT PARK

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Titusville Rotary Club, Inc. to include reimbursement for a limited amount of expenses incurred in development of Rotary Riverfront Park. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH BUSSEN-MAYER ENGINEERING GROUP, INC., RE: EXCLUSIONS FOR DEVELOPMENT OF KELLY PARK WEST

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Bussen-Mayer Engineering Group, Inc. for architect/engineering services for the development of Kelly Park West. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: ADDING CITY OF PALM BAY AS COMMISSIONER-GRANTEE AND EXTENDING TIME FOR LAND AND WATER CONSERVATION GRANT FOR CASTAWAYS POINT PARK

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Department of Environmental Protection adding City of Palm Bay as Commissioner-Grantee and extending time for Land and Water Conservation Fund Grant for acquisition of Castaways Point Park. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH SPEEGLE CONSTRUCTION, INC., RE: SCOTTSMOOR LANDING PARK

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with Speegle Construction, Inc. for Scottsmoor Landing Park. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH COMMERCIAL ROOFING, INC., RE: TRAVIS PARK COMMUNITY CENTER RE-ROOFING

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with Commercial Roofing, Inc. for re-roofing Travis Park Community Center increasing time by four days due to rain delays. Motion carried and ordered unanimously.

RESOLUTION AND CONSERVATION EASEMENT TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, AND AMENDMENT TO GRANT AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: MANATEE COVE PARK

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Conservation Easement to St. Johns River Water Management District for preservation of environmentally sensitive lands; and execute Amendment to Grant Agreement with Department of Environmental Protection for development of Manatee Cove Park. Motion carried and ordered unanimously.

ACCEPTANCE OF TERMINATION NOTICE FROM RENKER EICH PARKS, RE: ARCHITECTURAL/ENGINEERING SERVICES FOR H. S. WILLIAMS HOUSE RESTORATION

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to accept termination notice from Renker Eich Parks Architects for architectural and engineering services pertaining to the H. S. Williams House Project. Motion carried and ordered unanimously.

APPROVAL, RE: APPENDIX A, FEDERAL FY 1997 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS, RE: SPACE COAST AREA TRANSIT GRANTS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Appendix A documents containing the Federal Fiscal Year 1997 Certifications and Assurances for the Federal Transit Administration Assistance Programs for the Space Coast Area Transit grants. Motion carried and ordered unanimously.

APPROVAL, RE: RELOCATE OFFICE OF TOURISM DEVELOPMENT, AND EXECUTE LEASE AGREEMENT WITH SHELDON COVE, LTD.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve relocation of the Office of Tourism Development to Sheldon Cove, 8810 Astronaut Boulevard, Cape Canaveral; and execute a five-year Lease Agreement with Sheldon Cove, Ltd. Motion carried and ordered unanimously.

EXTENSION OF AWARDED BID #B-1-6-47, RE: FIVE-TON 4X4 DIESEL TRUCK

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to extend the awarded Bid #B-1-6-47, 1997 Five-ton 4 x 4 Flatbed Diesel Truck for Mosquito Control, to November 15, 1996. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: SWIM GRANT

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Budget Change Request recognizing the full funding of the SWIM grant at $77,799 for Mosquito Control. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: AQUATIC WEED CONTROL GRANT

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve a Budget Change Request amending the Mosquito Control budget to recognize full funding of the Aquatic Weed Control Grant at $42,116. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CITY OF TITUSVILLE, RE: WATER AND SEWER SERVICES

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with City of Titusville to provide water and sewer services to Titusville Transfer Station and North Brevard Yard Trash Mulching and Recycling Facility. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: HEAVY EQUIPMENT FOR REPLACEMENT IN FY 1997

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to solicit bids for two dozers, one landfill compactor, and four truck tractors, and to purchase one John Deere 644G loader off State Contract. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 AND FINAL PAY REQUEST TO STORMWATER & UNDERGROUND, INC., RE: SR 520 SANITARY SEWER PUMPING STATION

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Stormwater & Underground, Inc. for S.R. 520 Sanitary Sewer Pumping Station construction, increasing amount by $20,000 as settlement of the claim for differing site conditions; and authorize final payment to Stormwater & Underground, Inc. Motion carried and ordered unanimously.

FINAL PAY REQUEST NO. 4 AND CLOSEOUT OF CONTRACT WITH MADSEN-BARR, RE: GRAVITY SEWER LINE REHABILITATION PROJECT NO. 4

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize final payment of $6,145.66 and close out of contract with Madsen-Barr for Gravity Sewer Rehabilitation Project No. 4. Motion carried and ordered unanimously.

FIRST RENEWAL TO AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: ARTESIAN WELL PLUGGING PROGRAM

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute First Renewal to Agreement with St. Johns River Water Management District to allow a licensed water well contractor to control abandoned artesian wells in the County. Motion carried and ordered unanimously.

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

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Agreement with Brevard Community College to record and broadcast defined County Commission meetings from January 1, 1997 through December 31, 1997. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 5.5, BREVARD COUNTY CODE, REGULATING ALARM SYSTEMS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing on December 3, 1996 to consider an ordinance amending the Ordinance regulating alarm systems. Motion carried and ordered unanimously.

AGREEMENT WITH ECONOMIC DEVELOPMENT COMMISSION OF FLORIDA?S SPACE COAST, RE: ECONOMIC DEVELOPMENT COMMISSION SERVICES

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Agreement with Economic Development Commission of Florida?s Space Coast to provide economic development services for FY 1996-97 at $325,000. Motion carried and ordered unanimously.

PERMISSION TO EXTEND BID AWARD WITH HARBOR CITY OFFICE SUPPLY D/B/A CAPITAL OFFICE EQUIPMENT, RE: BID #3-6-05, OFFICE SUPPLIES

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to exercise the second year option with Harbor City Office Supply d/b/a Capital Office Equipment, for Bid #B-3-6-05, Office Supplies. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-27 AND CONTRACT, RE: PARADISE BEACH PARK FOOD CONCESSION

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to award Proposal #P-3-6-27, Paradise Beach Park Concession, to Tom Campagna at $575 per month from April through August and $175 per month from September through March; and authorize the Chairman to execute a Contract with the concessionaire. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF STAFF?S RESPONSE, RE: CITIZEN BUDGET REVIEW COMMITTEE?S REPORT

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to acknowledge receipt of staff?s response to the Citizen Budget Review Committee?s Report on the FY 1996-97 preliminary budget. Motion carried and ordered unanimously.

PERMISSION TO ISSUE PURCHASE ORDER TO SOFTWARE AG OF NORTH AMERICA, INC., RE: ANNUAL MAINTENANCE PAYMENT

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize issuance of a purchase order in the amount of $91,920 as payment to Software AG of North America, Inc. for service and maintenance of software products. Motion carried and ordered unanimously.

APPROVAL OF POLICY, RE: COUNTY INTERNET

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve a Policy for use of the County?s Internet. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING TUITION REIMBURSEMENT ORDINANCE

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance amending the tuition reimbursement Ordinance. Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT, RE: WORKERS? COMPENSATION CLAIM OF CARL PRIEST

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize settlement of attorney?s fees in the amount of $95,000, as authorized in executive session on September 24, 1996, for the workers? compensation claim of Carl Priest. Motion carried and ordered unanimously.

APPROVAL OF PUBLIC OFFICIAL BONDS, RE: TAX COLLECTOR AND PROPERTY APPRAISER

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve the Public Official Bonds for Rod Northcutt as Tax Collector and Jim Ford as Property Appraiser. Motion carried and ordered unanimously.

APPROVAL, RE: CULTURAL GRANT AWARD RECOMMENDATIONS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve the Cultural Grant awards recommended by the Brevard County Cultural Grants Review Panel, as follows: $4,880 to Very Special Arts-Brevard, $10,846 to Brevard Museum of Arts and Science, $4,067 to Melbourne Municipal Band, $8,135 to Surfside Players, $3,389 to Melbourne Art Festival, $6,779 to The Brevard Museum of History and Natural Science, $6,779 to The Henegar Center, $2,766 to Florida Space Coast Philharmonic, $8,135 to Brevard Symphony Orchestra, $8,135 to Cocoa Village Playhouse, $5,423 to WFIT 89.5/Artist Showcase, $5,423 to Titusville Playhouse, and $243 to Melbourne Civic Theater. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING ISSUANCE OF TITUSVILLE-COCOA AIRPORT AUTHORITY REVENUE BOND, SERIES 1996A

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve the Resolution amending and clarifying the Resolution dated June 17, 1996; and authorize issuance of a $286,000 Titusville-Cocoa Airport Authority Revenue Bond, Series 1996A, providing for construction and financing of temporary storage facilities for use by the general public at Merritt Island Airport. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: AUDIT OF PUBLIC DEFENDER?S OFFICE

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to acknowledge receipt of the Auditor General?s Audit Report of the Office of the Public Defender for the period from June 1, 1995 through May 31, 1996. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to appoint Bert Francis, P. O. Box 267, Cape Canaveral and Sandee Natowich, 110 North Tropical Trail, Merritt Island to the Merritt Island Redevelopment Agency; Dan Adovasio, 410 Rio Vista Lane, Merritt Island to the Economic Development Commission; Eugene Sterling, 10620 South Tropical Trail, Merritt Island to the Citizen Budget Review Committee; Richard Wallace, 560 Ruth Circle, West Melbourne to the Melbourne-Tillman Water Control District; and Ron Story, 728 East Palmetto Avenue, Melbourne to the Code Enforcement Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

PERSONAL APPEARANCE - GEORGE ZAHM, RE: COMMENDATION RESOLUTION

Emergency Management Director Mark McMichael advised of the contributions of Volunteer Community Awareness Coordinator George Zahm.

Chairman Cook read aloud a resolution recognizing and commending George Zahm.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution commending George Zahm and recognizing his outstanding public service. Motion carried and ordered unanimously.

RESOLUTION, RE: DECLARING WORLD AIDS DAY IN BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution declaring December 1, 1996 as World AIDS Day in Brevard County. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN CAMBRIDGE PARK, PHASE 3 - HAROLD L. MCDONALD

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easement in Cambridge Park, Phase 3 as petitioned by Harold L. McDonald.

County Surveyor Beverly Sutphin advised the applicant wants to combine two lots into one building site.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution vacating public utilities and drainage easement in Cambridge Park, Phase 3 as petitioned by Harold L. McDonald. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN PINE HILL MANOR, PHASE II - DAVID AND PATRICIA MCFEATERS

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easements in Pine Hill Manor, Phase II as petitioned by David and Patricia McFeaters.

County Surveyor Beverly Sutphin advised the applicant wants to combine two lots into one building site.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution vacating public utilities and drainage easements in Pine Hill Manor, Phase II as petitioned by David and Patricia McFeaters. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN DOW CENTRAL PARK - GEORGE KRIZEK, PERSONAL REPRESENTATIVE OF THE ESTATE OF STANLEY A. DOWIAT, DECEASED

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easements in Dow Central Park as petitioned by George Krizek, Personal Representative of the Estate of Stanley A. Dowiat, Deceased.

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution vacating public utilities and drainage easements in Dow Central Park as petitioned by George Krizek, Personal Representative of the Estate of Stanley A. Dowiat, Deceased. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING RANCHWOOD COURT WATER MSBU

Chairman Cook called for the public hearing to consider an ordinance creating Ranchwood Court Water MSBU.

Chairman Cook inquired how much of Ranchwood would the MSBU take in. Public Works Finance Director Jim Helmer responded the entire subdivision; and advised of the results of the survey.

There being no further comments or objections, motion was made by Commissioner Higgs, seconded Commissioner O?Brien, to adopt Ordinance of Brevard County, Florida; creating the Ranchwood Court Water Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Brevard County Code, entitled ?Municipal Service Benefit Unit?, to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non-ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE APPROVING TAX EXEMPTION FOR MARSHALL MANUFACTURING CORPORATION

Chairman Cook called for the public hearing to consider an ordinance approving tax exemption for Marshall Manufacturing Corporation.

There being no comments or objections, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt an Ordinance granting an economic development ad valorem exemption to Marshall Manufacturing Corporation, 8880 Astronaut Boulevard, Cape Canaveral, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012(16); providing for proof of eligibility for exemption; providing for an annual report by Marshall Manufacturing Corporation; providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE UPDATING SCHEDULE OF IMPROVEMENTS IN CAPITAL IMPROVEMENTS ELEMENT

Chairman Cook called for the public hearing to consider an ordinance updating schedule of improvements in Capital Improvements Element.

Commissioner O?Brien requested $400,000 be removed from Project 16 and used on the Tropical Trail Elementary School project on Courtenay Parkway.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article III, Code of Ordinances of Brevard County, Florida, relating to the Comprehensive Plan; specifically amending Section 62-501, Contents, Part XV, Capital Improvements and Programs Element, to update the Schedule of Traffic Circulation Improvements and the Schedule of Improvements and funding for mass transit, potable water, sanitary sewer, solid waste, surface water management, community facilities, and parks and recreation facilities; providing for severability; and providing for an effective date, as amended to move $400,000 from Project 16 to Tropical Trail Elementary School Project. Motion carried and ordered unanimously. (Rescinded later in meeting.)

DISCUSSION, RE: CAPITAL IMPROVEMENTS PROGRAM

Planner Steve Swanke distributed a list of projects with funding sources.

Commissioner O?Brien inquired if most of the projects were funded through the budget process; with Mr. Swanke responding affirmatively, and outlining the contents of the handout. Commissioner O?Brien inquired which projects would result in increased taxes; with Mr. Swanke outlining millage increases that would be necessary as a result of public safety projects. Commissioner O?Brien stated the opening of the Viera fire stations will be a driving force to increase millage, but impact fees are building the stations and putting in the trucks. Mr. Swanke advised The Viera Company, through the Development Order for the DRI, will fund construction of the station, dedication of the property, and all equipment needed to make the station operational, and will receive impact fee credits for doing so. Commissioner O?Brien inquired why sufficient taxes are not generated from the increased growth in Viera to pay for the operational expenses; with Mr. Swanke explaining how the program as a whole drives up the operational costs.

Chairman Cook requested the issue be deferred until there is a full Board. Commissioner O?Brien noted if some projects which create a need for more funds are allowed to go forward, it may create a budget battle later. Commissioner Scarborough commented on the impact of the Viera station on the quality of service from other stations; and advised the question is where is service being upgraded without an associated increase in the tax base.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to rescind adoption of Ordinance Updating Schedule of Improvements in Capital Improvements Element, continue the public hearing to consider the Ordinance, and table consideration of the Capital Improvements Program to the November 26, 1996 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: CHANGE TO MERIT SYSTEM POLICIES FOR EMPLOYEE PERFORMANCE EVALUATIONS

Chairman Cook called for the public hearing to consider change to the Merit System Policies for employee performance evaluations.

Human Resources Director Frank Abbate outlined two additional options for employee performance evaluations providing for termination after three consecutive evaluations with ratings below ?meets expectations? or the same scenario with the rating ?does not meet expectations?; and advised of the number of employees fitting each alternative.

Chairman Cook advised the Board?s intent is met by alternative 1.

There being no further comments or objections, motion was made by Commissioner O?Brien, seconded by Commissioner Higgs, to approve a change to Merit System Policies providing for mandatory termination of an employee who receives three consecutive employee evaluations, including special evaluations, with ratings of below the ?meets expectations? level. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION OF LEGAL ACTION IN ROSEBERRY v. BREVARD COUNTY

Chairman Cook called for the public hearing to consider resolution of legal action in Roseberry v. Brevard County.

County Attorney Scott Knox advised this was discussed at the last executive session.

There being no further comments or objections, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize settlement of all claims for a total of $12,500, including attorneys? fees and costs, for Roseberry v. Brevard County. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION OF LEGAL ACTION IN PRINCE CONTRACTING COMPANY, INC. v. BREVARD COUNTY

Chairman Cook called for the public hearing to consider resolution of legal action in Prince Contracting Company, Inc. v. Brevard County.

Commissioner Scarborough advised this will be at no loss to the County.

Chairman Cook stated he cannot support it because the attorneys? fees are excessive.

There being no further comments or objections, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve settlement of Prince Contracting Company, Inc. v. Brevard County, with final payment of $61,944.95, release of retainage of $276.859, and Change Order No. 2 to Agreement with Prince Contracting Company, Inc. in the amount of $359,196.05 for the Sarno Road Class III Landfill Site Improvements. Motion carried and ordered; Commissioner Cook voted nay.

DISCUSSION, RE: LEASE OF OFFICE SPACE FOR DISTRICT 29 HOUSE REPRESENTATIVE

State Representative Randy Ball advised of his intent to reimburse to the State any money saved by moving into the North Brevard Service Complex.

Bea Polk expressed concern about reimbursement to the State; and recommended the rent be set at $1,100. She noted the County provides space to Congressman Dave Weldon; and inquired how much he gets from the federal government for office expenses.

Ida Blickley advised the purpose of building the Government Center was to consolidate; 20 free spaces are provided; eight County offices are in leased space for which the County pays $393,160.92 annually; and inquired why space is being given away if the County is still leasing space.

Facilities Management Director Hugh Muller explained why some spaces are being provided free or with reduced rent. Commissioner Scarborough requested a list of the rental spaces. Discussion ensued on the location of rental spaces, available space in the North Brevard Government Center, rental costs for Representative Ball, public benefit of having the State Representative in a County facility, and rental costs for Congressman Weldon.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize the Chairman to execute Lease Agreement with State Representative Randy Ball for 1,000 square feet of office space at the Brevard County Government Complex-North at a rate of $580.68 per month. Motion carried and ordered unanimously.

Commissioner Scarborough requested a follow-up report on the status of the rentals.

PUBLIC HEARING, RE: RESOLUTION AUTHORIZING INDUSTRIAL DEVELOPMENT REVENUE BOND FOR GRAYWATER INVESTMENTS

Chairman Cook called for the public hearing to consider a resolution authorizing Industrial Development Revenue Bond for Graywater Investments.

There being no comments or objections, motion was made by Commissioner O?Brien, seconded by Commissioner Higgs, to adopt Resolution approving issuance of Industrial Revenue Bond for Graywater Investments; and authorize execution of Application for Bond allocation to the State Division of Bond Financing. Motion carried and ordered unanimously.

APPROVAL OF RECOMMENDATION AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE 96-25, UNPAVED ROADS

Commissioner O?Brien advised only two applicants have requested a distance beyond a quarter-mile since the Ordinance was enacted in 1991; and commented on the taxpayer burden to maintain the dirt roads. He suggested other options such as imposing an annual fee from people living on the dirt road for maintenance or paving the first quarter mile.

Assistant Engineering Review and Design Director Mahmoud Najda advised of the stormwater requirements for extending unpaved roads.

Commissioner Higgs advised of the need for a mechanism to allow people to use their properties.

Discussion ensued on extending a dirt road a reasonable distance, dirt roads not enhancing the County, need for flexibility in the Ordinance, ability to go out 100% if the engineering is satisfactory, current waiver ability, strict waiver criteria, capacity for additional extensions, concerns about lack of drainage systems in old platted subdivisions, and 20% flexibility if criteria are met.

Chairman Cook expressed concern about maintenance costs.

County Attorney Scott Knox advised staff was assigned the task of reviewing the possibility of a pro rata reimbursement ordinance for improvements such as roads; and there may be a need to coordinate the ordinances. Commissioner Higgs advised the Board did not want to proceed with the pro rata issue. Commissioner Scarborough suggested a mechanism similar to an MSBU where the majority of the people would agree to the extension, the road would be built to County standards, and a lien, which would be part of the public record, would have to be satisfied before a building permit could be issued. Discussion ensued on lack of control over construction, concern about the costs, how costs could be audited, and need for additional input. Commissioner Higgs requested the issue come back with 20% staff waiver for properties where the project and stormwater system will not adversely impact adjoining private or public interests and other options. Commissioner O?Brien explained the correlation between adding more dirt roads and adverse impact to the rivers; compared the cost of maintenance of dirt and paved roads; and stated the County should not accept any more maintenance of dirt roads.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to refer the Unpaved Road Ordinance amendments to staff with direction to come to the Board with additional options including providing flexibility on the waiver by staff in the 20% range, providing that the 20% only deals with those properties where the project and stormwater system will not adversely impact adjoining public and private interests, and recommendations regarding the maintenance issue.

Commissioner O?Brien explained why he cannot support going beyond the current Ordinance.

Mr. Knox inquired about continued research of the pro rata approach. Commissioner Scarborough expressed interest in the issue. Chairman Cook requested staff come back to the Board with ideas on the pro rata issue. Commissioner Higgs explained the intent of the motion is to address the cost issue on existing and future dirt roads as well as some flexibility to go beyond 1,320 feet.

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

APPROVAL OF RECOMMENDATION AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE 96-25, UNPAVED ROADS (CONTINUED)

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct staff to report back on the advantages, disadvantages, and problems associated with the pro rata reimbursement approach. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MITCH BARLOW, RE: BAREFOOT BAY RECREATION DISTRICT

Mitch Barlow, Attorney for the Barefoot Bay Recreation District, advised of a Resolution adopted by the Board in July, 1996, reaffirming the County?s rights to approve the purchase of the common areas under the 1970 Agreement and a referendum approving the purchase of common areas; and requested the Board adopt a resolution approving the purchase, and specifying the County will not be responsible for repayment of any of the bonded indebtedness and the District will have to maintain the common areas and recreation facilities as required by the 1970 Agreement. He advised of the need for a curative ordinance clarifying an ambiguity in the original Ordinance.

Discussion ensued on funding for the purchase and costs for recreation facility to be borne by the Recreation District.

Commissioner Higgs inquired if the County Attorney sees any problem with the requested change to the Ordinance; with County Attorney Scott Knox responding no.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution approving purchase of the common areas, open spaces and recreational facilities in the Barefoot Bay Community by the Barefoot Bay Recreation District. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to direct the County Attorney to draft an ordinance amending Ordinance 84-05 to allow the purchase of common areas, open spaces and recreational facilities by the Barefoot Bay Recreation District, advertise it appropriately, and bring it back to the Board on November 26, 1996. Motion carried and ordered unanimously.

The meeting recessed at 10:19 a.m. and reconvened at 10:32 a.m.

DISCUSSION, RE: NO DISCHARGE OF FIREARMS SIGNAGE IN LAKE WASHINGTON ACRES SUBDIVISION

Frank Hunter advised of the petitions requesting no discharge of firearms and no wake signs in Lake Washington Acres Subdivision; and explained the problems in the neighborhood.

Discussion ensued on problems with the Florida Statutes, language suggested by Major Fielding, and funding mechanisms.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to work with the Sheriff?s Office on language for signs prohibiting discharge of firearms, and post smaller signs along rights-of-way in Lake Washington Acres Subdivision.

Discussion ensued on posting of a banner and funding mechanisms.

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

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: BICYCLE HELMET ORDINANCE

Commissioner O?Brien advised advertisement of a bicycle helmet ordinance is premature until comments are received from the municipalities.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to table consideration of request to advertise a public hearing to consider the proposed bicycle helmet ordinance until responses have been received from the municipalities. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: PARADISE ISLES

County Manager Tom Jenkins advised the item has been deleted from the Agenda as staff needs additional work on it.

FINAL PLAT APPROVAL, RE: ST. ANDREWS ISLE SUBDIVISION

County Manager Tom Jenkins advised the item was accidentally deleted from the Agenda. County Attorney Scott Knox advised the item should come back at a future meeting.

Chairman Cook announced the item will be considered at the November 26, 1996 meeting.

AUTHORIZE AMENDMENT TO PURCHASE OF SERVICE AGREEMENT WITH COASTAL HEALTH SYSTEMS OF BREVARD, INC., EXTENSION OF TERM, DETERMINATION OF OPTIONS, AND APPROVAL TO SOLICIT PROPOSALS, RE: MEDICAID NON-EMERGENCY TRANSPORTATION IN COORDINATED SYSTEM

Transit Services Director Don Lusk outlined the service provided by Coastal Health Systems for non-emergency Medicaid transportation; and advised of the expiration of the Agreement with Coastal Health Systems and the need to provide the service. He advised of legislative debate over the funding for this component, funding reductions and service changes, and a letter advising the Agency for Health Care Administration no longer wishes to be a part of the three-party Agreement with Coastal. He requested the Board extend the current Agreement with Coastal Health Systems for a one-year period, provide direction to staff on the service options available, and authorize staff to advertise a request for proposals based on the direction of the Board. He noted the Board can defer the last two requests.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Amendment to Purchase of Service Agreement with Coastal Health Systems of Brevard, Inc. for non-emergency Medicaid transportation for a one-year period.

Commissioner Higgs advised clarification may come as a result of the Legislative Session; and recommended extending for a longer period.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to amend the motion providing for transportation for an 18-month period to allow time for Legislative clarification of the issue. Chairman Cook called for a vote on the motion, as amended. Motion carried and ordered unanimously.

The Board discussed development of the RFP and whether the RFP will be necessary, but took no action.

DETERMINATION OF OVERRIDING PUBLIC INTEREST, RE: OPM-USA, INC. CELLULAR PHONE TOWERS

Chairman Cook inquired where are the towers; with John Mortellite, representing OPM-USA, Inc., advising of the location on the Shriner?s property.

Discussion ensued on an FDOT tower at U.S. 192 and I-95 for the emergency call boxes, lack of feasible alternative to location in a wetland, how towers are sited, location of second tower, criteria for tower siting, and seminar on tower regulations.

Assistant County Manager Stephen Peffer advised the applicant has met the essential requirements in terms of avoiding, minimizing and mitigating the impacts; and the issue before the Board is determination of public interest.

Chairman Cook inquired about the wetlands agreement which was sent to DCA; with Mr. Peffer providing an update.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to determine that OPM-USA, Inc. meets the overriding public interest criteria as required by the Brevard County Comprehensive Plan. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ZONING RECOMMENDATION OF OCTOBER 7, 1996, ITEM 1, H. KUGEL

Chairman Cook called for the public hearing to consider a zoning recommendation of the Planning and Zoning Board made at its October 7, 1996 meeting, as follows:

Item 1. Harold Kugel?s request for a CUP for Towers and Antennae (one 320-foot structure) in a BU-1 zone on 5 acres located ? mile west of I-95, approximately 660 feet south of S.R. 50.

Mary Hansen, Attorney representing the applicant, advised of questions which were posed by Lynn Hansel; and stated they have been answered, and copies were sent to the County Attorney.

B. B. Nelson, representing the applicant, provided background information on the applicant and the property; and described the advantages of the proposed location of the tower.

Discussion ensued on cellular phones and CB radios.

Lynn Hansel expressed concerns and opposition to the proposed tower; and suggested it be moved closer to I-95.

Mary Hansen addressed the issue of aesthetics; noted the tower would be 800 feet from the closest development, heavily buffered, and not visible to the developed area; and advised the exposure would be approximately 20 seconds per day as individuals enter or leave The Great Outdoors. She advised of the lack of damage to and use of towers after Hurricane Andrew; and addressed the public safety concerns. She stated the requirements have been met; they have done everything to address the concerns of The Great Outdoors; and although many of the residents at The Great Outdoors received notice, only Mr. Hansel is present to protest.

Ms. Hansen stated OPM-USA, Inc. will maintain the buffer between the edge of the parcel and the tower; and elaborated on what will be done in terms of maintenance. She expressed willingness to have white strobe lights during the day and shift to a red flashing signal at night. She advised the tower will require clearing of approximately 8,000 square feet; no other development will occur on the five-acre tract; and expressed willingness to subject it to a conservation easement for the period of time the tower is in existence. Mr. Mortellite described how the vegetation will be preserved, the modular buildings which will be on the property, the two-stage lighting system, and the distance to the nearest residence.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Item 1, Harold Kugel?s request for CUP for Towers and Antenna on five acres located one-half mile west of I-95, approximately 660 feet south of S.R. 50, with the applicant voluntarily agreeing to maintain the vegetative buffer and use of white strobe light in daylight hours only and red light after dark. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING ISSUANCE OF BREVARD COUNTY HOUSING FINANCE AUTHORITY SINGLE FAMILY MORTGAGE REVENUE BONDS, SERIES 1997

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution authorizing issuance of Brevard County Housing Finance Authority Single Family Mortgage Revenue Bonds, Series 1997. Motion carried and ordered unanimously.

The meeting recessed at 11:16 a.m. and reconvened at 1:03 p.m.

SECOND AMENDMENT TO OPTION AGREEMENT WITH ROSE RUSNAK TRUST, RE: PURCHASE OF PROPERTY

Dr. Duane DeFreese, EEL Program Coordinator, described the requested action and the property location.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute the Second Amendment to Option Agreement for sale and purchase of property from the Rose Rusnak Trust. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - SARAH JANE WILGIS AYRES, RE: FORGIVING PARTIAL WATER ASSESSMENT ON PARCEL 6, ALLEN HILL AVENUE

Assistant to County Manager Peggy Busacca explained the problem with the special assessment for the North Pineda Water MSBU on Ms. Ayres? lots; advised there is a balance on the assessment which is unpaid; and described the confusion caused by the configuration of the lots.

Sarah Ayres advised of discrepancies in the measurement of her lots and triple assessment; and outlined additional costs necessary to hook into the water. She described her actions to get the situation clarified; and advised of failure of the County to respond under the Freedom of Information Act. She noted there are two Allen Hill Avenues which has led to confusion.

Water Resources Finance Director Jim Helmer advised at the time the assessment was done, the 85-foot minimum was done to make things as fair as possible; and even though the subject property is 52.15 feet, it was charged at the minimum.

Discussion ensued on how many families were assessed at the minimum, assessment for U.S. 1 frontage, description of the properties which are used by one family in one house, legal right to object, ability of each parcel to be used for single family residence, and use of flag lots.

Commissioner Scarborough suggested considering the two lots as one if Ms. Ayres agrees to not build on the second lot; with Ms. Ayres advising she already built a small gatehouse on the second lot. Ms. Ayres advised no one lives in the gatehouse and there is no water to it at this time. Chairman Cook advised the Board could consider forgiving the second assessment if Ms. Ayres is willing to enter into an agreement with the County that no other residences would be built on the property, nor would the gatehouse be used as a residence. Discussion ensued on the proposal. Ms. Ayres requested computer information be corrected.

Chairman Cook advised action will be delayed while Ms. Ayres considers an agreement with the County; and outlined other options.

RESOLUTION, RE: AMENDING SERVICE FEE FOR DISHONORED CHECKS

Chairman Cook commented on the amount of the service fee; with Commissioner Higgs advising of the expense of collecting on checks which are not good.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution amending the service fee for dishonored checks.

Discussion ensued on the change in the service fee.

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

ACCEPTANCE, RE: INVESTMENT ACTIVITY REPORT AS OF SEPTEMBER 30,1996

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to accept the Investment Activity Report as of September 30, 1996. Motion carried and ordered unanimously.

DISCUSSION, RE: INVESTIGATE GRANT FUNDING FROM FLORIDA BOATING IMPROVEMENT PROGRAM AND/OR MOTORBOAT REVOLVING TRUST FUND

Commissioner O?Brien advised of action taken by the State to change the Florida Boating Improvement Program.

County Manager Tom Jenkins advised the County has the ability to expand existing applications.

Parks and Recreation Director Charles Nelson advised the Legislature will address the transition during session; and the change will make it easier in the long run to get access to the money without going through a grant process; but the State did not address existing reserves.

Commissioner Higgs inquired if a request for clarification should be included in the Legislative Package; with Mr. Nelson advising it would be helpful.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to direct staff to draft a resolution for inclusion in the 1997 Legislative Package requesting restoration of grant funding from the Florida Boating Improvement Program and/or the Motorboat Revolving Trust Fund. Motion carried and ordered unanimously.

RECOMMENDATION, RE: INCREASE PERCENTAGE SET-ASIDE FOR CANAL DREDGING AND MAINTENANCE IN DISTRICT 2

Commissioner O?Brien advised of the history of the percentage set-aside for canal dredging and maintenance in District 2 and the insufficiency of the present 5% set-aside; and advised an ordinance will be required to make a change to 15%.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance amending the District 2 Road and bridge MSTU to allow a 15% set-aside for canal dredging projects within the District. Motion carried and ordered unanimously.

Commissioner Higgs recommended advertising in the Merritt Island newspapers.

DISCUSSION, RE: REQUEST FROM SHERIFF FOR THE BOARD TO SEND LETTER OF INQUIRY ABOUT USE OF SEIZED XANADU PROPERTY AS PARK

Chairman Cook advised of the seizure of the Xanadu property and the possibility of the County obtaining the property at no cost for use as a park or for some other civic purpose; and stated Palm Shores is in favor of it.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to send a letter to the Department of Justice and the Bureau of Alcohol, Tobacco and Firearms inquiring about using the seized Xanadu property for a County park. Motion carried and ordered unanimously.

APPROVAL, RE: MANATEE PROTECTION RESOLUTION

Commissioner O?Brien expressed concern about the intentional killing of a manatee in South Brevard; advised of the current penalty; and recommended asking the Legislature to increase the fine for purposely killing any endangered species.

Discussion ensued on current penalties, proposed penalties, and pertinent Florida Statutes.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to adopt Resolution requesting the Legislature increase the penalty for intentional injury to a manatee to a third degree felony punishable by a fine not to exceed $5,000 and/or five years in prison, and direct staff to include backup materials with the Resolution. Motion carried and ordered unanimously.

APPROVAL, RE: RENAMING CENTRAL BREVARD LIBRARY MEETING ROOM AS MRS. MARIE HOLDERMAN ROOM

Dennis Fitzgerald expressed concern about lack of recognition for veterans; and recommended one of the meeting rooms at the Merritt Island Library be renamed in honor of a veteran, such as former POW Morgan Donahue.

Commissioner O?Brien expressed support for naming County facilities after those who have made outstanding public sacrifices; and suggested a policy requiring veterans? groups to be contacted to submit names to the Historical Commission when the County names public structures.

Discussion ensued on the suggested policy.

Motion by Commissioner O?Brien, to deny renaming the meeting room at the Central Brevard Library as ?The Mrs. Marie Holderman Room? and recommend naming such room after a veteran. Motion died for lack of a second.

Library Services Director Kathryn Stewart advised the Merritt Island Library does not belong to the County.

Discussion ensued on naming the Marie Holderman Room and renaming the Central Brevard Reference Library after a veteran.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to approve renaming a meeting room at the Central Brevard Reference Library as ?The Mrs. Marie Holderman Room?; and direct the Library Board to work with the veterans of Brevard County to recommend a name for the Central Brevard Reference Library which honors a veteran.

Commissioner Higgs suggested the Historical Commission provide a systematic way to consider people to be honored from various groups.

Discussion ensued on policy to name public facilities and development of a prioritized list.

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to request the Historical Commission recommend a system or procedure for renaming of County roads, structures, and buildings, with veterans given special consideration. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS IN VIERA CENTRAL, TRACT 12

Chairman Cook inquired if the conditions in the Contract are standard; with Land Development Specialist Gwen Heller responding affirmatively. He inquired about maintenance of dedicated roads; with Ms. Heller advising of the policy for maintenance of dedicated roads.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract with The Viera Company for infrastructure improvements in Viera Central, Tract 12. Motion carried and ordered unanimously.

PERMISSION TO CLOSE ROAD DURING CONSTRUCTION, RE: DAIRY ROAD SOUTH, FROM EDGEWOOD DRIVE TO FLORIDA AVENUE

Commissioner Higgs expressed interest in seeing the savings quantified from closing the road and the bid developed in such a way that the alternatives are clear. County Manager Tom Jenkins suggested including a minimum savings from closing the road. Staff advised the base bid could be the original concept of partial closing, and the alternative could be with full traffic.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to direct staff to bid the Dairy Road South widening project, from Palm Bay Road to U.S. 192, with a base bid allowing partial closing of Dairy Road South, from Edgewood Drive to Florida Avenue, and an alternate bid allowing for maintenance of full traffic; and direct staff to use its best judgment to insure there is a fair price. Motion carried and ordered unanimously.

CHANGE ORDER NO. 29 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Chairman Cook inquired what drove the Change Order. Facilities Construction Director Joseph Vislay advised it is the result of the construction management process; and explained the elements of the Change Order. Chairman Cook inquired about the fee for the Contract Manager; with Mr. Vislay explaining how the fee is set.

Commissioner Higgs expressed concern about the increased percentage; with Mr. Vislay responding it is the same fee that was negotiated in the Contract.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Change Order No. 29 to Agreement with Brown & Root Building Company for the Harry T. and Harriette V. Moore Justice Center increasing the Contract total by $65,518.19. Motion carried and ordered unanimously.

APPROVE INCOME ELIGIBILITY GUIDELINES, FINANCIAL SERVICE LEVELS, AND REPAYMENT AGREEMENT, AND AUTHORIZE COUNTY MANAGER OR DESIGNEE TO UPDATE GUIDELINES ANNUALLY, RE: EMERGENCY WELFARE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize use of income eligibility guidelines, financial service levels, and repayment agreement effective November 1, 1996, to assist County residents through the Family & Children?s Services Emergency Welfare Program.

Commissioner Higgs inquired about Exhibit A concerning proof of intent to reside; and suggested an amendment to provide for a three-month residency period.

Commissioner Scarborough stated the requirement that applicants be a County resident for at least three months is included as part of the original motion; with Commissioner O?Brien indicating it is acceptable. Motion carried and ordered unanimously.

Commissioner O?Brien inquired about income and payments; with Housing and Human Services Director Bernice Jackson explaining the income requirements.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct that updates of the eligibility guidelines as revised Federal Poverty Income Guidelines issued by the Department of Health and Human Services come to the Board for approval. Motion carried and ordered unanimously.

Commissioner Higgs inquired about consequences of failure to repay the loans; with Ms. Jackson explaining the lack of ability to enforce other than denial of future assistance. Commissioner Higgs requested the County Manager and County Attorney provide a memorandum on other consequences of failure to repay.

Discussion ensued on repayment of the loans.

CHANGE ORDER NO. 1 TO AGREEMENT WITH RKT CONSTRUCTORS, RE: CUYLER PARK COMMUNITY CENTER

Chairman Cook inquired why the fire alarm annunciator was not required in the pre-review of the plans. Parks and Recreation Director Charles Nelson advised the plans only received a cursory review; and explained how the issue has been resolved.

Discussion ensued on the voltage change, the requirement for a step-down transformer and rewiring to move the annunciator, the voltage requirements, the reviewing entities, and fault of the architectural and engineering firm.

Motion by Commissioner O?Brien, to table consideration of Change Order No. 1 to Agreement with RKT Constructors for the Cuyler Park Community Center. Motion died for lack of a second.

Commissioner Higgs inquired about the consequences of tabling; with Mr. Nelson advising the project is almost complete; there is no alternative to the annunciator; and it may delay the certificate of occupancy by two weeks.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to approve Change Order No. 1 to Agreement with RKT Constructors for Cuyler Park Community Center Improvements increasing amount by $3,281.72 for range wiring design modifications and fire detection system; and direct staff to check on the electrical issue and report to the Commissioners. Motion carried and ordered unanimously.

PERMISSION TO OBTAIN APPRAISALS AND NEGOTIATE PURCHASE, RE: REMAINING PARCELS ON ADAMSON ROAD CONTIGUOUS TO CENTRAL DISPOSAL FACILITY

Chairman Cook inquired if the contracts for the remaining parcels on Adamson Road will come to the Board; with Solid Waste Management Director Richard Rabon responding affirmatively.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to obtain appraisals and negotiate purchase of the remaining improved and unimproved parcels of property fronting Adamson Road and contiguous to the Central Disposal Facility. Motion carried and ordered unanimously.

PUBLIC COMMENT

Bea Polk requested information on the salaries of directors of organizations in County facilities and how much money is returned to the State by State representatives.

Commissioner Scarborough advised Representative Ball has made a commitment that he will not send money back to the State.

County Attorney Scott Knox advised provisions for recapture of surplus can be included in the leases. Discussion ensued on recapture of the surplus and the intent of the Board to not subsidize the State or federal government.

Motion by Commissioner Scarborough, to direct the County Attorney to structure the Lease so there will be no refunding to the State. Motion died for lack of a second.

Ms. Polk expressed concern about what the money will be used for. Chairman Cook stated the County Manager can provide the information to Ms. Polk.

Commissioner O?Brien expressed agreement with Ms. Polk. Commissioner Higgs requested a financial statement from those organizations which receive County space.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:21 p.m.

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

ATTEST:
SANDY CRAWFORD, CLERK
( S E A L )