The Board of County Commissioners of Brevard County, Florida, met in regular session on March 25, 1997, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Father David Scotchie, Holy Name of Jesus Catholic Church, Indialantic, Florida.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve the Minutes of October 1, 3, 8, 15, 22 and 28, 1996 Regular Meetings, and October 8, 10, 10, 24 and 24, 1996 Special/Workshop Meetings. Motion carried and ordered unanimously.

REPORT, RE: EXECUTIVE SESSION ON PINTER CASE

County Attorney Scott Knox requested permission to advertise an executive session to discuss the Pinter Case for April 8, 1997.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorized the County Attorney to advertise an executive session for April 8, 1997, to discuss the Pinter case. Motion carried and ordered unanimously.

REPORT, RE: OFFER TO PURCHASE DUDA PROPERTY FOR DISPOSAL FACILITY

County Attorney Scott Knox advised the Board granted staff, including his office, the authority to offer up to 125% of the estimated value in condemnation cases in order to bring those matters to resolution before proceeding too far; there is a pending case involving Duda's property for a wastewater treatment disposal facility where their sod fields are; and he wants to make sure the Board's authority to offer 125% of the estimated value was still intact so he can do that. He stated $650,000 was the estimated value.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize offers up to 125% of the estimated value for condemnations without bringing it back to the Board, but to bring back to the Board anything over $1,000,000.00. Motion carried and ordered unanimously.

REPORT, RE: ERRONEOUS NEWSPAPER ARTICLES

Commissioner Voltz advised recently there was an article in the newspaper about Donald Dean Davis that was released; the article said the Board was notified; the Board was not notified; Mr. Jenkins looked into it; and the woman from the State needs to know who she is notifying when she does it. She stated if the State does not notify the Board, then she is not notifying the County because it made the Board look bad as if it did not do anything about it. She stated she did not like the way it made the Board look, and the County in general.

Commissioner Cook suggested the County Manager send the State agency a letter notifying her who she is notifying is not the County Commission.

The Board, by lack of objection, directed the County Manager to send a letter to the State Agency advising whoever it is notifying in Brevard County of inmates released by the State is not getting the information to the Board, and whoever she is notifying is not the Board.

Commissioner Voltz advised there were a few articles in the newspaper with erroneous information regarding a decision the Board made; it said the Board did not see the need for school resource officers; and that was not the case. She stated the gentleman from Florida TODAY who sits in the back of the room needs to pay attention to what is going on instead of reading the newspaper.

Commissioner Voltz stated there was another article by a different person that said the Board had five sites it was studying for the juvenile assessment center; it does not have five sites, and she does not know where they got that information; and Florida TODAY needs to get its facts straight before putting anything in the newspaper. Commissioner Cook stated they need to verify information rather than just print what people say; and encouraged the paper to do that.

REPORT, RE: TRAVEL TO TALLAHASSEE

Commissioner Voltz advised she will be going to Tallahassee today, and if anyone wants her to do anything up there, she will be glad to do it.

REPORT, RE: REFINANCING THE GOVERNMENT CENTER

Chairman O'Brien advised everyone received a memo from County Manager Tom Jenkins dated March 3, 1997 concerning A. G. Edwards' proposal for refinancing the Government Center which said, "You will note in the analysis the total present value savings is $1,360,000. In addition, the Board would free up a reserve of $2,000,000." He stated it went to Referendum in 1993 and the public said it did not want the financing to change.

Commissioner Higgs advised the public said it did not want the Board to move, and did not want the Board to refinance the bond with ad valorem taxes at a certain maximum rate, so it said no. She noted the Board needs to be careful of how it interprets referendum questions.

Commissioner Cook stated he has a different interpretation; the public said do not refinance the COP's; it also said to stay in the Government Center because the County was already there; and the only way he could support refinancing is to put it to a referendum.

Commissioner Voltz inquired how the County Attorney interprets it; with Scott Knox responding he did not read the referendum language as it pre-dates his employment, so it would be hard to give an interpretation.

Chairman O'Brien inquired if the Board wants Mr. Knox to report back so it can make a decision whether or not it wants to put it to referendum. He noted there is a possible savings of 1.3 million dollars and the ability to free up 2 million dollars; and it can be done at the General Election.

Chairman O'Brien directed the County Attorney to review the referendum language on refinancing of the COP's for the Government Center; and report back to the Board two months prior to the General Election so it can make a decision whether it wants to put it to referendum or not.

Commissioner Higgs recommended the financial data accompany the report of what the savings will be at that time and what resources are pledgeable. Commissioner Voltz stated the savings may not be the same after the election as they are today. Chairman O'Brien stated if the Board has the total package before it two months before the election, it can make a viable decision whether to put it to referendum or not because the interest rates and financial future could change in the next year.

REPORT, RE: THANK YOU CARD FROM RON CLARK

Chairman O'Brien advised of receipt of a Thank You card from Ron Clark for the recognition the Board bestowed on him and his regret at not being present to receive it.

REPORT, RE: REMOVAL OF NORTH COURTENAY PARKWAY STUDY FROM AGENDA

Chairman O'Brien advised a few years ago the District 2 Commissioner appointed a North Courtenay Parkway Citizen Resource Group; it met sporadically over a couple of years and set out to formulate commercial development standards that the local community could support; its effort resulted in 21 recommendations; and while it was accepted that such a task would be challenging, it was hoped that the recommendations would enjoy approval and support of the community as a whole. He stated at this time the recommendations do not possess the backing of the community; that observation was confirmed by the Local Planning Agency vote on March 10, 1997 to deny 18 of the 21 recommendations; and the majority of the District 2 appointees voted to deny 20 of the 21 recommendations. Chairman O'Brien requested the North Courtenay Parkway Corridor Study be removed from the Board's April 15, 1997 Agenda, so he can continue to work with the residents to assure their ideas will be heard by the Board when consensus is reached.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to remove the North Courtenay Parkway Corridor Study from the April 15, 1997 Board Agenda; and to reschedule it at a future date when consensus is reached by the community. Motion carried and ordered unanimously.

REPORT, RE: TRIP TO TALLAHASSEE

Chairman O'Brien advised of his trip to Tallahassee and meetings with various officials to discuss issues important to Brevard County. He stated he was successful in obtaining State funds of $250,000 for beach renourishment to combine with TDC funds to match federal funds of $500,000 for design and engineering work; and the support of Secretary of State Sandy Mortham, Senator Patsy Kurth, and Representatives Howard Futch and Randy Ball. He stated he discussed grants for libraries with Secretary Mortham, specifically Stone Community Library, located in an economically depressed and minority neighborhood; she said the grant request was low on the list and would not be funded; and recommended the County Manager write a letter for his signature to the Legislative Delegation requesting they use all their influence to raise the library's needs to the top of the list and include members of the Cabinet.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Manager to prepare a letter to the Legislative Delegation to support grants for Stone Community Library. Motion carried and ordered unanimously.

Commissioner Voltz advised if the letter is written today, she could deliver it tonight.

Chairman O'Brien advised he met with Senator Charlie Bronson and expressed the Board's strong opposition to his bill relieving counties of their right to provide input regarding aquaculture leasing; he also discussed the bill with two other Senators who sit on three subcommittees who will review the matter; and he notified them that the residents of Brevard County opposed Senator Bronson's view on this issue. He stated they will relay the Board's concerns to the other Senators on the subcommittees; and Senator Dyer's Administry of Aide said it was unusual to have a county commission chairman appear to oppose an issue brought forth by that area's Senator. He stated he also asked Secretary Mortham to relay the Board's opposition to Senator Bronson's bill to the Cabinet if the bill gets that far; and Representative Futch said he will oppose it in the House.

Chairman O'Brien advised last year Brevard County spent 15.3 million dollars over and above what the State was to pay to operate the State Courts; he spoke before the Senate Ways and Means Criminal Justice Subcommittee at its workshop on this issue and pointed out that the County spent more than 15.3 million dollars of local property taxes on State court costs and has no control over those costs; and they asked him to appear before the Committee with judges Silvernail and Jacobus who also feel the State should fund its courts. He stated there is a sufficient amount of support for changes to take place, but exactly what they will be he does not know.

Chairman O'Brien advised he met with Secretary of the Department of Labor Doug Jamison to discuss funding for the Workforce Program which was designed to help unemployed Space workers to obtain new job opportunities; Frank Kinney, Executive Director of Technical Research and Development Authority in Brevard County joined them; Mr. Jamison said he would support further funding of the effort; and indicated he likes to see local representatives show up in Tallahassee rather than lobbyists.

Chairman O'Brien advised the full Legislative Delegation said it supports the juvenile assessment center; Representative Futch said he is looking for ways to get funding; he met with Jack Eckert and officials who run his Family Youth Alternative Foundation; and they appeared to take a great interest in what Brevard County has planned. He stated hopefully that connection will allow the Board to obtain a grant for construction. He stated the Delegation reviewed the legislative package without objections and will bring the Board's requests forward.

Commissioner Cook thanked Chairman O'Brien for his efforts; encouraged all Commissioners to go to Tallahassee which is more effective than paid lobbyists; and inquired if the letter on aquaculture went to the entire Senate Committee; with Chairman O'Brien responding yes, and he made copies to send to all members of the subcommittees and the Delegation.

Commissioner Higgs stated if the County does not collect a fee for aquaculture leases, that is fine, but it should be a reasonable fee. Chairman O'Brien stated it should be a minimum fee to cover the County's costs. He noted Senator Bronson felt he was not treated well before the Board. Commissioner Voltz stated he was not treated like a senator; and inquired if other counties charge fees for their costs. Chairman O'Brien asked Assistant County Manager Stephen Peffer to check into whether other counties charge fees for aquaculture leases to cover local costs. Commissioner Cook stated it is not a big thing whether the State or County gets the money from leases. Commissioner Scarborough stated a lot of time was spent on aquaculture leases by the Board and staff as well as law enforcement.

PERSONAL APPEARANCE - MARK McMICHAEL, RE: COMMENDATION RESOLUTION

Commissioner Cook read aloud a Resolution commending Chief Mark McMichael, for 25 years of outstanding public service and wishing him good health and happiness during his retirement.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution commending Chief Mark McMichael for 25 years of outstanding public service. Motion carried and ordered unanimously.

Chief McMichael thanked the Board for the recognition; stated he has enjoyed working for Brevard County and the people he worked with; most of it was a learning experience; and he will take all of that with him.

AGREEMENT WITH LEONARD LaBOMBARD, RE: CANAVERAL GROVES SECTION 20 IMPACT FEE FINANCING

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreement with Leonard LaBombard to finance Canaveral Groves Section 20 impact fees. Motion carried and ordered unanimously.

REQUEST FROM ALAN AND CLORINDA KELEHARD, RE: WAIVER OF EASEMENT WIDTH REQUIREMENT

Motion by Commissioner Cook, seconded by Commissioner Higgs, to waive easement width requirement of Ordinance No. 97-02, reducing width from 20 feet to 19.74 feet, for Alan and Clorinda Kelehard to obtain a building permit. Motion carried and ordered unanimously.

REQUEST FROM EARL AND MARIE WILLIAMS, RE: WAIVER OF EASEMENT WIDTH REQUIREMENT AND EXCLUSIVITY

Motion by Commissioner Cook, seconded by Commissioner Higgs, to waive easement width requirement of Ordinance No. 97-02, reducing width from 20 feet to 15 feet, for Earl and Marie Williams to obtain a building permit. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH PAVCO CONSTRUCTION, INC., RE: PINEHURST AVENUE PEDWAY PROJECT

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Contract Modification #1 with PAVCO Construction, Inc., for Pinehurst Avenue Pedway Project, decreasing contract price by $3,025.29 to reflect the actual quantities of material purchased; and authorize final payment of $8,325.41 to the contractor. Motion carried and ordered unanimously.

AUTHORIZE USE OF FILL DIRT, RE: OAK RIDGE COMMUNITY CEMETERY

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize the use of approximately 1,500 cubic yards of fill dirt at Oak Ridge Community Cemetery on DeLeon Avenue in Titusville for its expansion. Motion carried and ordered unanimously.

RESOLUTION, RE: INITIAL ASSESSMENT FOR VALLY ROAD PAVING MSBU II

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution ordering the acquisition and construction of assessable improvements consisting of paving and drainage improvements including all pertinent facilities; all within the unincorporated area of Brevard County,

RESOLUTION, RE: INITIAL ASSESSMENT FOR VALLY ROAD PAVING MSBU II (CONTINUED)

Florida, District 3, known as the Vally Road Paving Municipal Service Benefit Unit II; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; notice of the Board's intent to impose the assessments; determining real property abutting upon or adjacent to said assessable improvements that will be specifically benefited by the construction of said improvements and the portion to be assessed against specially benefited abutting or adjacent real property; determining ad providing for the manner and method of computing such special assessments; providing for the publication of this resolution; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING MARY ANDERSON

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution commending Mary Anderson for more than 17 years of outstanding public service with the Road and Bridge Division, and wishing her well during her retirement. Motion carried and ordered unanimously.

PERMISSION TO EXERCISE BUY-BACK PROVISION, AND APPROVAL OF BUDGET CHANGE REQUEST, RE: HYDRAULIC EXCAVATOR

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve exchange of an MDI/Yutani 240C hydraulic excavator for a Kobelco Mark IV hydraulic excavator from Great Southern Construction Equipment Company for Countywide drainage projects; and approve Budget Change Request recognizing income and appropriating funds for replacement of equipment. Motion carried and ordered unanimously.

APPROVAL, RE: TEMPORARY CLOSING OF CANAVERAL GROVES BOULEVARD, FIRST STREET, AND ANSIN ROAD

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to temporarily close Canaveral Groves Boulevard, First Street and Ansin Road to allow Florida East Coast Railway Company to schedule rehabilitation of the grade crossings within the next six months. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH GENCO SYSTEMS, INC., RE: GOVERNMENT CENTER BUILDING E RENOVATIONS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Change Order No. 2 to Agreement with GENCO Systems, Inc., for Government Center Building E Renovations, increasing contract price by $910.41 to provide key locksets for four doors. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH P. W. HEARN, INC., RE: MERRITT ISLAND PUBLIC LIBRARY

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Change Order No. 2 to Agreement with P. W. Hearn, Inc., for Merritt Island Public Library, increasing contract price by $5,022.04 for payment and performance bonds for subcontractor, and extension of masonry wall to meet requirements. Motion carried and ordered unanimously.

CHANGE ORDER NO. 4 WITH PRIORITY ONE CONSTRUCTION, INC., RE: CAPE CANAVERAL PUBLIC LIBRARY

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Change Order No. 4 to Agreement with Priority One Construction, Inc., for Cape Canaveral Public Library, increasing contract price by $8,211.17 and time by 11 days, for two new roof drains, metal roofing, wall covering, fire-rated door and frame, security control panel, key pad, and fire alarm and power to exit doors. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH NATIONAL TECHNICAL ASSOCIATION, RE: PROJECT STAR

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Amendment to Agreement with National Technical Association for Project STAR, to provide technical and educational activities for low and moderate income persons at Cocoa West Community Center, to carry forward $5,154 to the current fiscal year. Motion carried and ordered unanimously.

TERMINATE AGREEMENT WITH TEMPORARY LIVING CENTER, AND AUTHORIZE APPEAL, RE: EMERGENCY SHELTER GRANT

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Termination of Agreement Notice to Temporary Living Center (TLC) dated April 16, 1997, and afford TLC an opportunity to be heard on appeal under the provisions of CFR 85.43. Motion carried and ordered unanimously.

EXTENSION OF INTERIM AGREEMENT WITH SPACE COAST PATHOLOGISTS, RE: AUTOPSIES AND OTHER FORENSIC SERVICES

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreement to Extend Existing Contract with Space Coast Pathologists, P.A. for performance of autopsies and other forensic services at $19,391.73 per month until May 31, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF PALM BAY, RE: JOINT WATER LINE PROJECT AT PALM BAY REGIONAL PARK

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreement with City of Palm Bay to install water line and related amenities for Palm Bay Regional Park, with the County reimbursing the City for reasonable costs up to $63,000. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF PALM BAY, RE: JOINT ROAD PAVING PROJECT AT PALM BAY REGIONAL PARK

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreement with City of Palm Bay to pave the entrance road to Palm Bay Regional Park, with the County reimbursing the City for reasonable costs up to $50,000. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH THE GREAT TITUSVILLE JAYCEES, USE OF PROPERTY ON SINGLETON AVENUE

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution and execute Lease Agreement with The Great Titusville Jaycees for use of County property on Singleton Avenue to provide community services and recreational activities from April 1, 1997 through March 31, 2007, with all maintenance and operating expenses for the building and grounds being the responsibility of the Jaycees. Motion carried and ordered unanimously.

RIGHT-OF-WAY CONSENT AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: STOSBERG PARK

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Right-of-way Consent Agreement with Florida Power & Light Company for development of a portion of Stosberg Park within the Florida Power & Light Company's right-of-way. Motion carried and ordered unanimously.

AGREEMENTS TO EXTEND EXISTING CONTRACTS WITH ALBERT W. KOETHER, PAUL C. FRIDDLER, AND BRIAN FLUGEL, RE: CONCESSION SERVICES AT SPESSARD HOLLAND, SAVANNAHS, AND HABITAT GOLF COURSES

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreements to Extend Existing Contracts with Albert Keother, Paul Friddler, and Brian Flugel, to provide concession services at Spessard Holland, Savannahs, and Habitat Golf Courses until March 31, 1998. Motion carried and ordered unanimously.

AGREEMENTS WITH MUNICIPALITIES AND JOHNSON CONTROL WORLD SERVICES, RE: FUNDING FOR LIFEGUARD SERVICES

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreements with Cities of Cape Canaveral and Cocoa Beach, Towns of Indialantic and Melbourne Beach, and Johnson Control World Services, providing $7,245, $18,104, $10,305, $7,245, and $40,314 respectively for lifeguard services, from March 29, 1997 through September 1, 1997. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: ADDITIONAL SCHOOL CROSSING GUARD AT LEWIS CARROLL ELEMENTARY SCHOOL

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Budget Change Request, transferring $1,423 from General Fund to Public Safety for an additional school crossing guard at Lewis Carroll Elementary School. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSAL, APPOINT SELECTION COMMITTEE, AND ACCEPT AND NEGOTIATE PROPOSAL, RE: VEHICLE FLEET MAINTENANCE AND REPAIR MANAGEMENT SERVICE FOR SCAT

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to advertise request for proposals for vehicle fleet maintenance and repair management service for SCAT; appoint the County Manager or his designee, SCAT Maintenance Superintendent, School District Transportation Representative, SCAT Operations Supervisor, and Purchasing Manager or her designee as a non-voting member, to the Selection Committee; and authorize the Committee to select and negotiate proposals with qualified firms. Motion carried and ordered unanimously.

INCENTIVE PAY, RE: NON-LIUNA MAINTENANCE SUPERVISORS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize incentive pay for non-LIUNA Water Resources Department Maintenance Supervisors, effective April 5, 1997, consistent with the LIUNA Labor Agreement. Motion carried and ordered unanimously.

APPROVE BUDGET CHANGE REQUEST, RE: GRANT FROM FLORIDA YARDS AND NEIGHBORHOODS PROGRAM

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Budget Change Request appropriating grant funds from Florida Yards and Neighborhoods Program as approved by the Board on September 24, 1996. Motion carried and ordered unanimously.

ACCEPT OPTION TO RENEW BID #B-5-6-117, RE: JANITORIAL SUPPLIES

Motion by Commissioner Cook, seconded by Commissioner Higgs, to renew Bid #B-5-6-117, Janitorial Supplies, with Janitorial Depot for an additional six months under the same prices, terms and conditions. Motion carried and ordered unanimously.

RATIFICATION, RE: LABOR AGREEMENT WITH LABORER'S INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 678

Motion by Commissioner Cook, seconded by Commissioner Higgs, to ratify Labor Agreement with the Laborer's International Union of North America, Local 678, pursuant to Section 447.309, Florida Statutes, and authorize the Chairman to execute the Agreement. Motion carried and ordered unanimously.

AUTHORIZE AGREEMENT WITH FLORIDA DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, RE: PROJECT INDEPENDENCE COMMUNITY WORK EXPERIENCE PROGRAM

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize the County Manager to enter into a host agency agreement with Florida Department of Labor and Employment Security for Project Independence, Region 5, Community Work Experience Program, to provide referred participants with non-paid job training experience. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: CANAVERAL PORT AUTHORITY AUDIT

Motion by Commissioner Cook, seconded by Commissioner Higgs, to acknowledge receipt of the Canaveral Port Authority Audit for year ending September 30, 1996. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

PUBLIC HEARING, RE: RESOLUTION RE-AUTHORIZING INDUSTRIAL DEVELOPMENT REVENUE BOND FOR GRAYWATER INVESTMENTS II (DEMACO, INC.)

Chairman O'Brien called for the public hearing to consider a resolution re-authorizing industrial development revenue bond for Graywater Investments II (Demaco, Inc.)

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution re-authorizing an Industrial Development Revenue Bond project on behalf of DEMACO, Inc.; acknowledge public input of the TEFRA hearing; and authorize the Chairman to sign an application for bond allocation to the State Division of Bond Financing. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FROM GUY M. SPEARMAN III FOR VARIANCE FROM COUNTY COASTAL SETBACK LINE

Chairman O'Brien called for the public hearing to consider the request from Guy M. Spearman III for a variance from the County Coastal Setback Line.

Commissioner Higgs advised both properties are on the line, so it is only fair to grant the request.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to grant a variance from the County Coastal Setback Line for Guy M. Spearman III, not to exceed 11 feet, 4 inches, for a single-family residence, pursuant to Chapter 62, Article XII, Section 62-4209, and to complete a dune restoration project on his property; and accept an offer to extend the restoration to the County park parcel to the south at no cost to the County. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ON EXEMPTION FROM BICYCLE HELMET LAW

Chairman O'Brien called for the public hearing to consider an ordinance exempting Brevard County from the State Bicycle Helmet Law.

Carol Ann Horner, William Daniels, Reginald Belle, and Patricia Stevens addressed the Board in favor of the Bicycle Helmet law, and requested the Board not opt out of the State law.

Commissioner Cook advised he is in favor of helmets for children and adults, but not government intrusion; it is unenforceable; education is the key; and laws cannot be passed for everybody who use skateboards, line skates, etc. He stated it could sentence a seven-year old child to community service; it is a bad law; and the majority of the local Delegation voted against.

Motion by Cook, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 106, Article I, Code of Ordinances of Brevard County, Florida, exempting Brevard County from the provisions of Section 316.2065(3)(d) and 316.2065(16), Florida Statutes; providing for a public hearing; providing for severability; and providing for an effective date.

Commissioner Higgs stated she is in favor of remaining under the State law; it is enforceable; it is a good public policy and a wise way to protect children; so she will not support the motion.

Commissioner Volt stated it does not say children should stop wearing helmets; parents should have the authority to require helmets, not government; and education is the key.

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

PUBLIC HEARING, RE: ORDINANCE AND FEE RESOLUTION FOR ANIMAL CONTROL

Chairman O'Brien called for the public hearing to consider an ordinance amending the Animal Control Regulations, and resolution revising the fee schedule for animal control services.

Clara Gunde, Executive Director of Central Brevard Humane Society, thanked the Board for the differential license fee; and stated it is a major step to government recognition of spay and neuter to lower surplus animals.

Chairman O'Brien advised of a letter from Marcia Ely of Young's Indian River Animal Hospital.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Ordinance amending Chapter 14, Article II, Animal Control, Code of Ordinances of Brevard County, Florida; amending Section 14-36 to redefine a hazardous dog; amending Section 14-47 eliminating the exclusion of carcass disposal fees for veterinarians participating in the County rabies license certificate and tag program; amending Section 14-49 to include additional provisions for owners of dogs designated as hazardous; establishing an annual hazardous dog certificate of registration; creating violations for hazardous dogs involved in unprovoked bite situations or allowed to roam at large; providing for a severability clause; and providing for an effective date; and to adopt Resolution relating to animal control; establishing fees for impounding, boarding, and feeding animals, impounding, serving notice, care and feeding, advertising, and disposing of livestock, disposal of domestic dead animals from private property, quarantine of animals, sale of certificates identifying dangerous and hazardous animals, and issuance of license certificates and license tags; establishing civil penalties for civil infractions; superseding previous resolutions; and providing an effective date. Motion carried and ordered; Commissioner Voltz voted nay.

PUBLIC HEARING, RE: ORDINANCE REGULATING TOWERS AND ANTENNAS

Chairman O'Brien called for the public hearing to consider an ordinance regulating towers and antennas.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 5, Subdivision III, Conditional Uses; specifically amending Section 62-1953 Towers and Antennas, providing additional conditions; providing for circumstances where a conditional use permit is not required; providing for location of antennas on existing structures; providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code; and providing an effective date.

Commissioner Higgs recommended page 2, paragraph 3(b), "Towers and antennas over 35 feet in height are permitted as a conditional use in any residential zoning classification on lots of one acre or more." be deleted. Chairman O'Brien inquired if they are permitted automatically without a conditional use permit; with Tom Myers responding it is from the finished development grade of the site. Commissioner Cook stated they would have to come to the Board for a conditional use permit for towers over 35 feet. County Attorney Scott Knox advised any request for 35 feet and above will come back to the Board to determine compatibility issues.

Commissioner Cook amended the motion to revised page 2, paragraph 1(b) to read: "The antenna elements shall not exceed the height of the structure upon which they will be located by more than ten (10) feet." Motion died for lack of a second.

Commissioner Cook inquired if the motion is to adopt the ordinance as presented; with Commissioner Voltz responding yes.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

RESOLUTION AND GRANT AGREEMENT WITH F.I.N.D., RE: KENNEDY POINT PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution authorizing application to Florida Inland Navigation District (F.I.N.D.) for $227,000 grant for development of Kennedy Point Park; and authorize the Chairman to execute the grant agreement if the project is funded.

Commissioner Higgs inquired if the County can move forward with dredging with FIND grant funds; with Chairman O'Brien responding not quite. Staff advised there is enough funds to get through this funding cycle but will need more funds next time. Commissioner Higgs inquired once the County starts the project and gets money from FIND she wants to be sure it finishes before it gets competing projects. Commissioner Scarborough stated the Kennedy Point Project has been set for ten years, and boat launch facilities are critical.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

PERMISSION TO CALL LETTER OF CREDIT, RE: AIR CURTAIN, INC.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize staff to call the Air Curtain Inc.'s Letter of Credit; appoint the Solid Waste Management Director as the County's representative in doing so; and authorize said Director to execute the draft on behalf of the Board if he deems it necessary. Motion carried and ordered unanimously.

DISCUSSION, RE: BOARD OPERATING PROCEDURES

County Manager Tom Jenkins advised the Agenda as written this morning is based on Option 1, where personal appearances and public comments are in one section.

Commissioner Scarborough advised one individual did not submit information and it was difficult for Stockton Whitten to determine where on the Agenda the item should be scheduled; the Personal Appearance Request form is filled out by the person who wishes to address the Board; and it would be nice to identify where the item would be scheduled on the form so that person knows. He stated there is always the opportunity to anyone to speak to any subject at the end of the meeting; so on the form there should be a statement saying they do not have to fill out the form and could speak at the end of the meeting. He stated people would not feel they were treated unfairly because everyone would follow the same format. Chairman O'Brien stated if the County tries to cover all bases on a form, it could take half an hour to read it and several minutes to fill it in; when it would be just as easy to tell someone who comes into the office that they do not have to fill out a form and can speak at the end of the meeting. Commissioner Scarborough stated they have told people that but it has not been adequate. Chairman O'Brien stated it could create a Section IX on the Agenda and say only pink cards are necessary for that section, but personal appearances require a form be filled out. Commissioner Scarborough advised of past experiences with people coming at the beginning of the meeting with new agendas requiring a lot of discussion, so the Board moved those to later on the Agenda. He recommended adding a statement that people do not have to fill out the form if they want to appear at the end of the Agenda.

Commissioner Cook stated the form says a written summary with appropriate supporting background material must be submitted; and it could request, but not require, they submit their comments prior to the meeting. Commissioner Scarborough suggested saying backup material is recommended; and Commissioner Cook agreed. Commissioner Voltz stated if a person makes a personal appearance or public comment, that person should be able to say what he or she wants, whether material is submitted or not; however, if the Board needs to make a decision on the item, it needs to be under New or Unfinished Business.

Mr. Jenkins advised people need to understand if they want the Board to take action on something, they need to provide the information in advance; but they will reword it.

Chairman O'Brien stated in general the Board does not take action on personal appearance and public comments items, but put them on the agenda for the next meeting. Commissioner Voltz stated people do not know that and think the Board can do it right now if they need something done immediately.

Discussion ensued on encouraging people to provide information in advance, staff involvement, hearing items twice without sufficient information provided the first time, action items under New Business, and Option 2.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Option 2, with Resolutions and Awards as VII; 7.1 to read: "Requests for presentation of resolutions and/or awards must be made with a Commission Office or the County Manager and scheduled as part of the agenda under the heading of Resolutions and Awards. Requests should be directed to a Commission Office or County Manager on the Personal Appearance form. A written summary, with appropriate supporting or background material, is requested to be included"; 8.1 to read: "Requests for personal appearances, which require action of the Board, must be made with a Commission Office or the County Manager and scheduled as part of the agenda under the heading of New or Unfinished Business. Requests will be made via the Board approved Personal Appearance request form. A written summary with appropriate supporting or background material, must be submitted with the request form"; as amended to include a statement on the Personal Appearance form that recommends submittal of backup material and not require it; identify the section of the agenda the item will be scheduled under; a statement that they do not have to fill out the form if they want to appear at the end of the agenda; and if they are asking for action, they provide sufficient information so the matter can be handled at one meeting. Motion carried and ordered unanimously.

Chairman O'Brien inquired about video tape presentations limited to no longer than five minutes and must be reviewed by production staff 30 minutes prior to the meeting to ensure the Board that live and broadcast audiences are not subjected to unsuitable videos which could contain material considered in conflict with accepted community standards.

Commissioner Scarborough inquired who would censor it; with Commissioner Cook suggesting the County Manager, but he is unsure whether a policy is needed. Mr. Jenkins stated it is not intended to stop someone from expressing an opinion, but to stop someone from showing something that is generally offensive to the community. Chairman O'Brien indicated the tapes should be reviewed before shown by Sharon Luba. Mr. Knox recommended adding "regarding obscenity and pornography" after "community standards,".

Motion by Commissioner Cook, seconded by Commissioner Voltz, to add "regarding obscenity and pornography" after "community standards, and reviewed by the production staff and County Manager."

Commissioner Voltz inquired if the Board wants to give 30 or 60 days before implementing the policy, because someone may come to the next meeting and not know the Board adopted a policy today; with Chairman O'Brien responding if someone comes in with a tape, the item can be moved to later in the meeting so it can be reviewed and still be heard.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

The meeting recessed at 10:30 a.m. and reconvened at 10:44 a.m.

RESOLUTION, RE: QUALIFYING DEMACO AS STATE QUALIFIED TARGETED INDUSTRY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution qualifying DEMACO as a State-qualified targeted industry and requests the State waive local cash match requirement in lieu of DEMACO utilizing potential property tax abatement that it may acquire from Brevard County in the near future as its local match. Motion carried and ordered unanimously.

PERMISSION TO PREPARE AND ADVERTISE REQUEST FOR PROPOSALS, RE: COUNTYWIDE DATABASE

Clerk of the Circuit and County Courts Sandy Crawford advised the Information Systems Steering Committee (ISSC) was established by the Board to advise it on where to go with computing in the County; the Committee set up a Technical Advisory Committee which recommended advertising a request for proposals (RFP) for a Countywide Database because of cost and technology advantages; so the Steering Committee is requesting authorization to advertise an RFP to find out what the cost would be to the County. He stated after receipt of the results from the RFP's, the Board can decide whether or not to proceed with a Countywide Database.

Commissioner Cook stated he has no problem going out for RFP to determine what the cost will be; however, it does not indicate his support for or against what happens to come back. Mr. Crawford stated the Committee is not recommending one way or another. Commissioner Cook questioned why only two companies would receive the RFP; with Mr. Crawford responding the analysis of database technologies available revealed those two companies were the only companies that could meet the County's requirements. Commissioner Cook inquired if there are other companies that could submit proposals; with Mr. Crawford responding they were the only two from seven vendors that can do what the County needs.

Michael Martin, Chair of the Technical Advisory Committee, a subcommittee of the ISSC, advised a major criterion was a database that would interact with the GIS package used by the County and Property Appraiser's Office; and of the seven vendors that were sent the preliminary questionnaire, only four could be used in the GIS package. He stated of those four, only two met further criteria; and that is why those two companies, Oracle and Informix, were selected to receive the entire RFP.

Commissioner Cook advised occasionally there is controversy on bidding, quoting, and requesting proposals; and he wants to make sure any vendor that believes he can submit a proposal that meets the County's needs, have an opportunity to do so; and inquired if that would be acceptable; with Mr. Crawford responding it would not be a problem.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize the Information System Steering Committee to prepare a request for proposal and advertise it for a Countywide Database, with the proviso that it be open to all companies. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - LYNN HANSEL, VICE PRESIDENT OF THE GREAT OUTDOORS, INC., RE: FILING FEE FOR DRI SUBSTANTIAL DEVIATION APPLICATION

Lynn Hansel, Vice President of The Great Outdoors, Inc., advised he gave staff a $25,000 filing fee for the DRI substantial deviation application; under the present Resolution, he could submit one acre and would have to pay a filing fee of $25,000; his application will impact 72 acres of the 1,069-acre DRI; and requested the Board base the fee on that amount rather than the full $25,000.

Chairman O'Brien stated it looks reasonable to base the fee on the acreage being impacted. Commissioner Scarborough stated Mr. Hansel paid East Central Florida Regional Planning Council $35,000 and made no request to adjust that fee; and it is a comprehensive DRI that will need staff time which could cost more than $25,000. Mr. Hansel advised the $35,000 is a deposit with the Planning Council; and it will credit its staff time to that deposit and return the unused portion. Commissioner Scarborough suggested the Board consider a similar situation rather than reduce the fee up-front.

Commissioner Voltz inquired how much will it cost; with Planning Section Director Mel Scott responding it is hard to determine how involved it will be because various departments review it. Commissioner Higgs inquired if there are provisions to waive the fee; with Mr. Scott responding the fee was established by Resolution of the Board. County Attorney Scott Knox noted the Board has waived fees in the past. Commissioner Higgs stated she has a problem waiving fees; however, if the law is wrong or unfair, it should be changed.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to return with options on how to handle the application fees for DRI substantial deviation applications.

Commissioner Cook stated he supports the motion and policy change. Mr. Hansel stated the Resolution is not clear; and he appreciates the Board's attention to it, as some changes may be warranted.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously. PERSONAL APPEARANCE - CONGRESSMAN DAVE WELDON, RE: SPACE PROGRAM, UPDATE ON U.S. 192, AND ITEMS BEFORE THE 105TH CONGRESS

Congressman Dave Weldon advised FEMA approved 1.5 million dollars to be reimbursed to Brevard County for expenses of hurricane Erin; he is trying to work through the details; it is not clear if there is State matching funds; but it will go from the federal government to the State, then to the County.
He advised there was a setback on the sand bypass because of the recent Delta Rocket explosion which sprayed unspent rocket fuel so the area cannot be declared as safe and the operation had to be suspended. He stated the 3.5 million dollars will be spent somewhere else, and he will have to fight again in 1998 to get that funding. Congressman Weldon advised of muck build up in the Indian River Lagoon and his efforts to get funds to dredge the lagoon to allow manatees to feed there and to deal with freshwater runoff. He stated he requested in ISTEA funds for widening of U.S. 192; Susan Hann, Bob Kamm, and Bob Lay came to Washington and gave testimony on the importance of the project; and he met with Nancy Houston of Florida Department of Transportation. He stated FDOT is about complete with the project development and environmental study; the next phase is the engineering and design work; it is not programmed to begin until January, 1998; it will take 1.5 years to complete; so the ground breaking will not be until 1999 or 2000 which is not acceptable. He stated he met with Ms. Hann to re-program money to begin engineering work this year and have ground breaking in 1998 or early 1999; the good news is the right-of-way acquisition is about complete in Brevard County; but it will be necessary to do the project in phases. He noted Oscula County's section falls under Orlando MPO which has not made it a #1 priority; he is working on a meeting of the minds; and it would be helpful if the Board would get involved with Orlando MPO. He stated there are 12 lanes of traffic going east and west in North and Central Brevard, and only two lanes in South Brevard, so it should be the #1 priority.

Congressman Weldon advised of his trip to Russia regarding the components for the International Space Station which bears on Brevard County's employment base; one subcontract is with Boeing and is going well; the quality is excellent; but it is supposed to be paid for with Russian tax dollars; however, the money has not gone into the program. He advised of meetings with Vice President Gore and the Prime Minister of Russia, meeting of President Clinton and Boris Yeltsin, and meeting with the Russian Space Agency, and the unfortunate situation of not having the funds even after being reassured it would flow into the program. He stated he will remain a committed supporter of the Space Station and keep the Russians involved because Brevard County's work force is dependent on Russian expenditures; and there are spinoffs and opportunities to be gained.

Commissioner Voltz advised she is glad Congressman Weldon is here after the incident of the airplane; with Congressman Weldon responding Delta officials handled it well.

Chairman O'Brien stated he is disappointed with the loss of funding for the sand bypass project and is afraid of what may happen if there are bad storms this year. Congressman Weldon stated he is concerned because he as to fight again for something he fought for last year, but safety is important and the sea turtle nesting takes precedent with EPA. Congressman Weldon stated he is working on the beach mitigation issue to put sand back on the beach and on the jetty and other issues to keep the beaches renourished, and he will continue to do that for the County. Chairman O'Brien thanked Congressman Weldon for all he has done for Brevard County.

PERSONAL APPEARANCE - WES HOAGLUND, CITY OF TITUSVILLE, RE: RESOLUTION SUPPORTING APPLICATION FOR DESIGNATION AS A WATERFRONT COMMUNITY

Wes Hoaglund, Redevelopment Specialist with the City of Titusville, advised it is a new program developed by Department of Community Affairs to select three communities as waterfront Florida communities; and requested the Board's support of the City's application.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize a Resolution supporting the City of Titusville's application for designation as a waterfront Florida community. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE SETTLEMENT, RE: WORKERS' COMPENSATION CLAIM OF RICHARD GRIFFIN

Commissioner Cook inquired if there are limits on the settlement; with Human Resources Director Frank Abbate responding he will bring it back for an executive session.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize Risk Management, through Alexsis, to negotiate a settlement of the workers' compensation claim of Richard Griffin. Motion carried and ordered unanimously.

REQUEST FROM SHERIFF PHIL WILLIAMS, RE: BUDGET TRANSFER AND SUPPLEMENTAL EXPENDITURE FOR RESOURCE OFFICERS AND CORRECTIONAL OFFICERS

Sheriff Phil Williams requested budget increases for implementation of the non-sworn employee merit raises, correction of a budgetary error, incidental costs with the transition of the new administration, supplemental maintenance cost, aviation dealing specifically with the helicopters, and computer operator training. He requested the transfer from the Sheriff's Office Earned Revenue Account.

Commissioner Higgs inquired if the civilian merit increase was 40 cents an hour in December, 1995; with Sheriff Williams responding to the best of his knowledge that is correct.

Gary Shiffrin, Principal of Jefferson Jr. High School, Larry Gravies, Principal of Space Coast Middle School, Maureen Rupe, President of Port St. John Homeowners Association, Christine Schnitzer, member of Hoover Jr. High PTO Board of Directors, Wayne Torpy, Captain with Melbourne Police Department, Dr. Daniel Scheuerer, representing Superintendent David Sawyer, and Doug Muldoon, Palm Bay Police Department, addressed the Board in support of the school resource officers (SRO's) as very important to the safety of the schools and communities; explained the duties and benefits of SRO's; and requested approval of the Sheriff's plan.

Chairman O'Brien advised the SRO guidelines do not allow arrests unless other exigent circumstances exist, requires the SRO to report incidents to the school administration and follow school administrative procedures, and the principal can dismiss the SRO.

Commissioner Cook explained his concern not about the need for SRO's, but the request for budget increases after the budget process and the impact of such request; and stated the Sheriff can allocate his resources where he sees fit, and can hire SRO's without the Board's approval.

Commissioner Voltz requested Sheriff Williams address the issues.

Sheriff Williams advised $807,436 of the $1.2 million is something the Board obligated itself to pay next year, so that should be deducted from the $1.2 million; the money for SRO's would come from three sources, two of which the Board controls; one is a federal grant which will fund a large portion and then a declining portion of the SRO's; and the other money is in the bank as MSTU Reserve Account which should take it through 1999. He stated to say the SRO program has an impact on the MSTU Account next year is not true; and it depletes it, but it does not require the Board to provide additional monies. He stated the merit increase is requested to be transferred from the Earned Income Account of the Sheriff's Office; they were asked to delay that request until this time; so to say it is mid-budget year and he is bringing things up when the Board asked him to bring it up then is inconsistent in his mind. Sheriff Williams stated the County's non-sworn employees received a raise in November, 1996; the Sheriff's Office employees are still waiting; that is what the money is for; it is retroactive to November, 1996. He stated he would like to first address the Earned Income Account which is money already in the bank, for pay raises, correction of budgetary error made in 1996, incidental costs, aviation supplement, and computer operator training.

Commissioner Higgs stated she would prefer to go the other way; the MSTU Reserve Account and use of COPS grant for the SRO's are acceptable expenditures that she can support.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve funds from the MSTU Reserve Account and COPS Grant for the school resource officers.

Chairman O'Brien inquired if they still need $118,000 with the COPS grant; with Sheriff Williams responding they need the matching funds which will increase each year because it starts low and ends high. Budget Director Kathy Wall advised the COPS grant is a three-year grant; and there is enough funding from the growth of the MSTU and Reserves to carry it through September 30, 1999.

Commissioner Higgs inquired how much would need to be transferred from the MSTU Reserve Account to the Sheriff's Budget to fund it this year; with Ms. Wall responding $174,126 to pay for the COPS deputies; and the K-nine unit would be another $30,250 to purchase dogs. Commissioner Higgs advised the motion was to fund the SRO's from the COPS grant and MSTU Reserve; and inquired what is the dollar figure for that; with Ms. Wall responding $168,126, and $76,364 will come from the federal grant, so it would be approximately $100,000.

Commissioner Cook reiterated his concerns about increasing the Sheriff's budget which increased 18% in three years, reduction of the anticipated receipt from the Sheriff's Office of $590,000 to $150,000, and major impacts to the County budget that was adopted in October, 1996.

Commissioner Voltz inquired why the School Board is only paying 20% of the SRO's costs; with Sheriff Williams responding they figured the average salary at $27,000 and estimated expenditure of $198,000 with the School Board paying $93,000 which is more than 20%. He stated the School Board will not pay for the three months when the officers will not be in the schools. Commissioner Voltz inquired why Sheriff Williams does not want the School Board to fund it 100%; with Sheriff Williams responding in detail that the SRO will perform law enforcement functions, and he does not want to relinquish control to an educational body. Commissioner Voltz requested the Sheriff address part-time retired police officers and why he wants someone who is really experienced; with Sheriff Williams responding SRO's have to deal with search and seizures, 4th Amendment Constitutional issues, etc. every day; if the individual makes a wrong call, his Department gets sued; there are different standards and requirements; and he does not know a part-time individual or older retired police officers who is on the cutting edge of those issues. He stated he does not know an older officer who would want to wrestle a 45 caliber semi-automatic pistol from some 14 and 15-year olds; and size, dexterity, and training are extremely important because those people are put next to the children so he wants the very best, and would be very careful in the selection process. Commissioner Voltz stated the Board spends millions of dollars for land acquisition to protect the environment; it needs to reset its priorities and protect children; so she supports the motion.

Commissioner Cook advised the money spent to buy land was approved by the citizens as a referendum; millions of dollars are spent on law enforcement to protect children and their homes and communities; and he does not see why the School Board will not pay 50%, as 20% is not stepping up to the plate. Commissioner Voltz inquired if the cities pay 20%. Sheriff Williams stated if there was a deal out there, he would go after it. Commissioner Higgs stated Sheriff Williams is asking for 50% of the nine months they are in the schools. Chairman O'Brien stated that is 25% of the annual cost of a full-time deputy. Commissioner Cook stated the School Board should pay the entire cost for 9 months and the County pay the entire cost for 3 months.

Discussion ensued on sharing the cost of SRO's, benefits, negotiated contract, COPS grant, and budget impacts.

Chairman O'Brien advised the Board approved the five deputies under the COPS grant which is already budgeted for the Sheriff to use them; he cannot see the Sheriff asking the Board for five more deputies to cover the 5 COPS grant positions put in the schools; he has a budget approved last year; he has been in office 60 days and came to the Board for supplemental changes; it is not an emergency; and as guardians of tax dollars the Board has a job to do also. He stated if the Sheriff feels he wants SRO's in the schools, he could have that done without coming to the Board; so to bring it to the Board and try to hold its feet to the fire is not proper. Sheriff Williams stated he is not trying to burn the Board's feet, but cannot spend those monies unless the Board approves. Chairman O'Brien stated Sheriff Williams can put five SRO's in the schools any time he wants to; with Sheriff Williams responding that is correct, but he has to replace them, and that is what he wants to do here. Chairman O'Brien stated retired officers being elderly and not able to handle a 14-year old child with a 45 caliber handgun is not always true; some retired police officers are 45 years old and can handle themselves well especially in a one-on-one situation with children; some are extremely strong; the Sheriff needs five officers and not 105; and there is a large pool of retired officers. Chairman O'Brien stated if the Board is going to approve the SRO's, it does not need to expand the Sheriff's force by five full-time deputies; and he cannot financially agree with that. Sheriff Williams stated a part-time officer is a non-workable solution because it is a not a part-time job. Chairman O'Brien stated they could hire SRO's for school time and not from 8:00 a.m. to 5:00 p.m. Sheriff Williams stated they will work on Department business and patrol neighborhoods when not at schools; and their day starts before students arrive and ends after they leave. He stated he wants to put the five COPS grant officers in the schools and not take five officers off the streets.

Discussion continued on requested increases, vehicles and equipment, COPS grant, and ROPES Program. Commissioner Higgs called a question on the motion.

Chairman O'Brien called for a vote on the motion to approve the SRO's. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the request from the MSTU Revenue Account for the K-nine reinstatement, and five requests under the Special Law Enforcement Trust Fund.

Commissioner Cook requested the motion be separated.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to withdraw the original motion and approve the reinstatement of the K-nine unit from the MSTU Revenue Account.

Commissioner Cook asked Ms. Wall to explain the Special Law Enforcement Trust Fund; with Ms. Wall responding it is money set aside from drug seizures and is required by Florida Statutes to fund the drug program and capital non-recurring expenditures. Commissioner Cook inquired if 15% goes to the DARE program; with Sheriff Williams responding there are two part-time and three full-time DARE officers who make a circuit and interact with cities; and there is a mandate of at least 15% for the drug program, but they expend more than that for drug abuse education in the schools.

Chairman O'Brien advised the motion is to reinstate the K-nine unit from the MSTU Reserve Account. Commissioner Higgs stated it is the MSTU Revenue Account. Chairman O'Brien stated his report says Reserve Account; with Ms. Wall responding they want to fund it from the Reserve Account. Commissioner Higgs accepted the correction. Chairman O'Brien stated the K-nine unit was disbanded last year and the money not returned; with Sheriff Williams responding it was abolished in December, 1994; and the funds he is requesting are to replace dogs leased to the Department. Chairman O'Brien inquired how many dogs will be purchased; with Sheriff Williams responding five.

Commissioner Cook stated it is a new program; it is out of the budget process cycle; and to be fair to all other constitutional officers who have programs they may want to initiate, it should come to the Board in October as a program the Sheriff wants to fund. Sheriff Williams stated it is not a start-up program; the people who handled the canines still work for the Department; the car boxes are clean and ready for installation; and nothing but the dogs were eliminated from the program. He stated he wants to replace the dogs and add car alarms for the summer in case the cars overheat and the officers are away from the cars, so the animals will not perish.

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

Commissioner Higgs advised there are five difficult items in the Earned Revenue Expenditure category; aviation maintenance supplement is important; the Board has to fund the workers compensation error; although it is called incidental cost of transition, it is cost that has occurred; and the computer operator training is essential. She suggested using Contingency rather than wipe out the Earned Revenue Account. Commissioner Higgs advised regarding civilian merit increases, they received their last raise in December, 1995; it was 40 cents an hour which was not consistent with the County; the proposal makes it retroactive to November, 1996; and she cannot support that. She recommended merit increases effective May 1, 1997 which would not deplete the contingency fund. She stated it has not been the policy of the Sheriff's Office to have pay raises consistent with the County's; their pay raise received in December, 1995 was more than the average County employee received; the raise the Sheriff is recommending is not consistent with the rest of the County personnel; and being effective May 1, 1997 is a fair increase.

Mr. Jenkins advised the contingency is for emergencies that may arise during the course of the year; if the Board uses $250,000 it would leave about $100,000; and if the contingency goes unspent, it is rolled forward into cash reserve at the end of the year. He stated unless there is an emergency in the County, there is no difference between taking it from the earned revenue of the Sheriff or contingency as it relates to impact on reserves at the end of the year; however, if there is an emergency, there would be no dedicated appropriation for it.

Commissioner Cook inquired why not take it from the earned revenue account; with Commissioner Higgs responding the contingency is budgeted to be used; the earned revenue has been budgeted as revenue; and it is more appropriate to use the contingency which is a budgeted item expected to be spent.

Commissioner Voltz advised she cannot support not giving those employees raises retroactive to November; the Board has given fire fighters retroactive pay increases; it has nothing to do with the 40 cents given before; and it was only recently that the Board decided everybody should get the same raises and constitutional officers should not pay more than County employees.

Commissioner Cook stated the Board approved a huge budget for the Sheriff; it is not giving his employees raises; it is up to the Sheriff to do that; and all other constitutional officers fund their raises through savings after their budgets were approved. He stated if the Board approves all that has been requested, it will be in excess of a million dollars increase over last year; and it has committed to an $800,000 increase next year.

Commissioner Voltz requested the Sheriff address the reason for the raises; with Sheriff Williams responding they were asked to wait until now to ask for the increase; they never had the same merit evaluation system but will have; the Board asked them to wait and now it is telling them no, which is outrageous; and waiting six months to get a raise is all he is willing to do to the morale of his Department. He stated he reduced the 40 cents to 35 cents; the difference between the 31.25 and 35 cents is $20,000; that means a lot to those people; and they have waited six months, not by their choosing. Commissioner Cook stated the question is not whether they deserve raises or not, there is no question that they do; however, the question is whether the Board should grant raises in excess of what is given to its employees.

Discussion ensued on waiting for raises, no retroactive pay raise, merit system, conformity by constitutional officers, workers compensation credit, aviation expenses, tax increase, cutting government to find additional funds for the Sheriff, cash carry forward, and wage package.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to appropriate $255,000 earned revenue to the Sheriff, and allow him to allocate those funds as he sees fit.

Commissioner Scarborough recommended retroactive pay of 32 cents instead of 35 cents; with Commissioner Higgs responding the $255,000 will not cover it. Sheriff Williams stated it is not fair to give him money to fix a budget error that was not his error; and requested the Board appropriate 31.25 cents per employee retroactive to November, and he would fund the rest of it. Mr. Jenkins stated 31 cents to November, 1996 is about $200,000; and the error is $52,440, which totals $252,000. He inquired if the aviation supplement was included in the budget error.

Motion by Commissioner Scarborough, to amend the motion and approve 31.25 cents retroactive pay increase for non-sworn employees of the Sheriff's Department retroactive to November, 1996 through the rest of this fiscal year.

Chairman O'Brien called for second to the motion to amend. Motion died for lack of a second.

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

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 1:40 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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