The Board of County Commissioners of Brevard County, Florida, met in regular session on January 7, 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 Reverend Glen M. Stockton, Calvary Baptist Church, Melbourne, Florida.

Commissioner Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

The Board approved the Minutes of July 24, 1996 workshop as submitted.

REPORT, RE: PRESENTATION TO LEGISLATIVE DELEGATION

Commissioner Scarborough advised on January 16, 1997, the Chairman will make a presentation to the State Legislative Delegation; Mr. Clarence Rowe would like to be recognized for the request of $750,000 for the Moore Homesite project; and he could interface on the Board's behalf.

Chairman O'Brien instructed the County Manager to contact Mr. Rowe and advise him to contact the Chairman prior to the presentation.

REPORT, RE: STATE PARKS

Chairman O'Brien inquired if there are any State parks in Brevard County; with Assistant County Manager Stephen Peffer responding Sebastian Inlet State Park. Chairman O'Brien stated there is no sign saying there is a State park in Brevard County; and Brevard County should be put on the same playing field as Volusia County.

REPORT, RE: MEETING ON U.S. 192

Commissioner Voltz advised there is a meeting in St. Cloud today on U.S. 192 widening project; she would like to attend that meeting; and if this meeting goes past 4:00 p.m., she will leave to attend the meeting in St. Cloud.

REPORT, RE: MINUTES OF BOARD MEETINGS

Chairman O'Brien stated he does not know if the Board noticed how late the minutes are; he just got the minutes for July 24, 1996 which was seven months ago; and suggested the Board complain to the Clerk that the six months delay is unacceptable.

Commissioner Cook stated the Clerk will want to hire more people. Chairman O'Brien stated the Board told the Clerk he could summarize the minutes rather than preparing them word for word. Commissioner Higgs suggested the Chairman call the Clerk. Commissioner Cook suggested Mr. Jenkins contact the Clerk.

The Board instructed the County Manager to contact the Clerk regarding the six months delay in receiving minutes.

CONTRACT MODIFICATION NO. 1 WITH PAVCO CONSTRUCTION, INC., RE: SR A1A EAU GALLIE BOULEVARD TO BICENTENNIAL PARK BIKEPATH PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Contract Modification No. 1 with PAVCO Construction, Inc. for SR A1A, Eau Gallie Boulevard to Bicentennial Park Bikepath Project, and approve final payment of $30,741.02 to PAVCO for the project. Motion carried and ordered unanimously.

EASEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: UNDERGROUND ELECTRICAL UTILITIES AT HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Easement in favor of Florida Power & Light Company for underground electrical utilities at Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH GENCO BUILDING SYSTEMS, INC., RE: GOVERNMENT CENTER BUILDING E OFFICE RENOVATIONS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 1 to Agreement with GENCO Building Systems, Inc. for office renovations to Government Center Building E, increasing contract price by $3,150 for additional exit signs, fire alarm controls, finished drywall, sill repairs, and communication jacks. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 TO AGREEMENT WITH PRIORITY ONE CONSTRUCTION, INC., RE: RENOVATIONS TO CAPE CANAVERAL PUBLIC LIBRARY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 3 to Agreement with Priority One Construction, Inc. for renovations to Cape Canaveral Public Library, decreasing contract price by $877.85 and adding 15 days to contract time. Motion carried and ordered unanimously.

CHANGE ORDER NO. 30 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: FINAL ADJUSTMENT OF OWNER DIRECT PURCHASES FOR CONSTRUCTION OF HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 30 to Agreement with Brown & Root Building Company, for construction of Harry T. and Harriette V. Moore Justice Center, to accommodate final adjustment of owner-direct purchases; and authorize transfer of the funds to the direct purchasing account. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD CONTRACT, RE: CONSTRUCTION OF PORT ST. JOHN SURFACE WATER PROJECT B

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize advertising for bids and award of contract to the lowest responsible bidder for construction of Port St. John Surface Water Project B. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD CONTRACT, RE: SR 46, OLD DIXIE HIGHWAY, AND HOLLYWOOD BOULEVARD PEDWAY FACILITIES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize advertising for bids and award of contract to the lowest responsible bidder for construction of SR 46 Pedway Facilities, from Hammock Trail to Holder Road; Old Dixie Highway Pedway Facilities, from Brockett Road to Lionel Road; and Hollywood Boulevard Pedway Facilities, from Windgate Boulevard to Fell Road. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE RIGHT-OF-WAY AND EASEMENTS, RE: PAVING AND DRAINAGE IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize staff to expend Community Development Block Grant (CDBG) funds to purchase right-of-way and easements for paving and drainage improvements on West Railroad and Devoe Avenues in Sharpes, and Clarence Court and Lean Street on Merritt Island. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, RE: ROOF REPAIRS FOR SENATOR H. S. WILLIAMS HOUSE PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Amendment No. 1 to Agreement with Department of State, Division of Historical Resources, to include roof repairs for Senator H. S. Williams House in the Historic Preservation Grant Award. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH SSE & ASSOCIATES, INC., RE: COCOA WEST COMMUNITY CENTER GYMNASIUM FLOOR INSTALLATION

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 1 to Agreement with SSE & Associates, Inc. for Cocoa West Community Center Gymnasium Floor Installation, increasing contract price by $15,500 for unanticipated corrections to prepare the concrete slab for proper installation of the new floor, and increasing the time by 21 days. Motion carried and ordered unanimously.

AGREEMENT WITH JOHN R. McPHERSON, M.D., RE: MEDICAL DIRECTOR SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with John R. McPherson, M.D., P.A. for Medical Director Services at $35,000 annually from January 7, 1997 through December 31, 1997, including two one-year renewal options. Motion carried and ordered unanimously.

PERMISSION TO PIGGY BACK BID NO. B-1-7-08, RE: ENGINE REMOUNT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize Public Safety Department to piggy back Bid #B-1-7-08, Engine Remount, awarded to E-ONE on December 18, 1996, to remount three engines. Motion carried and ordered unanimously.

APPROVAL, RE: FIRE STATION MILEAGE CHART

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve the use of a fire station mileage chart when submitting Class C travel for reimbursement. Motion carried and ordered unanimously.

AGREEMENT WITH HAMER ENTERPRISES, RE: RENEWAL OF SOFTWARE MAINTENANCE AND SUPPORT SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with Hamer Enterprises to renew software maintenance and support services at annual cost of $12,600 from January 7, 1997 through January 6, 1998. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN, RE: COURT ALTERNATIVES DEPARTMENT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve temporary loan of $80,000 to provide Court Alternatives Department with cash flow to be reimbursed by grants. Motion carried and ordered unanimously.

RATIFY APPLICATION FOR GRANT, RE: ALTERNATIVE WATER SUPPLY CONSTRUCTION COST SHARING PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Cook, to ratify application for matching funds grant under the St. Johns River Water Management District's Alternative Water Supply Construction Cost Sharing Program, for certain sections of the expansion of the South Central Regional Wastewater Treatment Facility. Motion carried and ordered unanimously.

AGREEMENT WITH JAMES RUSSO, PUBLIC DEFENDER, RE: VICTIM WITNESS COORDINATION PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with Public Defender James Russo, for the Victim Witness Coordination Program. Motion carried and ordered unanimously.

CONTRACT WITH COMMUNICATIONS INTERNATIONAL, INC., RE: 800 MHZ RADIO EQUIPMENT MAINTENANCE FOR BOARD AGENCIES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Contract with Communications International, Inc. for 800 MHZ radio equipment maintenance for nine months with four one-year renewal options. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH PHYMATRIX, RE: SOUTH/ CENTRAL AREA FIRE FIGHTER, ASBESTOS AND RESPIRATORY PHYSICALS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement to Extend Existing Contract with Phymatrix, operating as Osler Medical Center, to provide South/Central area fire fighter, asbestos and respiratory physicals, at estimated cost of $30,000 annually. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE, RE: AMENDMENT TO MERIT SYSTEM POLICY II, PAY PLAN

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to advertise a public hearing to consider an amendment to the Merit System Policy II, Pay Plan, to provide the same shift differential pay for non-bargaining unit employees. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE EXECUTIVE SESSION, RE: KATE PALLATT-MOYERS v. BREVARD COUNTY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize advertising and scheduling an executive session to discuss negotiations and strategy related to litigation expenditures in Kate Pallatt-Moyers v. Brevard County. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FLORIDA CONTRABAND FORFEITURE SEMI-ANNUAL REPORT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to acknowledge receipt of the Florida Contraband Forfeiture Semi-annual Report for the period April 1, 1996 through September 30, 1996. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: STATE AUDIT OF BREVARD COMMUNITY COLLEGE

Motion by Commissioner Voltz, seconded by Commissioner Cook, to acknowledge receipt of Auditor General's Audit No. 12851 of the Financial Statements of the District Board of Trustees of Brevard Community College for fiscal year ending June 30, 1996. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

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

Rotary Park at Suntree Community Committee
Allen Scales, James Williamson, James Peterman, Charles Manning, Harrison Rhame, Brian Murtha, Audrey Nassen, Warren Price, Gerald Jagrowski, Mike Malone, Neil Jackson, Gwen Heller, and Daniel Frazee, with terms expiring December 31, 1997.

Cocoa West Community Center Advisory Committee
Jimmy Jackson, Reverend Melvin Chatman, Alma Battle, Betty Wells, Curbie Wynn, Luwani James, and Izeal Battle, with terms expiring December 31, 1997.

Planning and Zoning Board
George Smollen, and Jim Mixson, with terms expiring December 31, 1997.

Historical Commission
Gil Carlson, with term expiring December 31, 1997.

Extension Advisory Council
Gerald Lafferty, with term expiring December 31, 1997.

Valkaria Airport Advisory Board
Mark W. Beard, replacing Linn Walters, with term expiring December 31, 1997. Tom Ward, replacing Ken Fulton, with term expiring December 31, 1997.

Melbourne-Tillman Water Control District
Roland Bollman, replacing Kenneth Carah, with term expiring December 31, 1997.

Onsite Sewage Disposal Variance Board
Richard Hawkes, replacing William DiMarzo, with term expiring December 31, 1997.

Community Based Organization Funding Advisory Board Norma Savell, replacing Kenneth J. Carah, with term expiring December 31, 1997.

Art in Public Places Advisory Committee Gil Carlson, replacing Beverly Cachilli, with term expiring December 31, 1997. Barbara Arnoult, with term expiring December 31, 1997.

Animal Control Dangerous Dog Hearing Council Stephen W. Grigsby, with term expiring December 31, 1997. Linda Madyda, with term expiring December 31, 1997.

Employee Benefits Advisory Committee Les Foresberg, with term expiring December 31, 1997.

Affordable Housing Council
David Paterno, replacing Kim Gabriel, with term expiring December 31, 1997.

Affordable Housing Council
Ed Clark with term expiring December 31, 1997.

Zoning Board of Adjustment Timothy C. Jelus, with term expiring December 31, 1997.

Veterans Memorial Park Advisory Board
Clement Schmitt, with term expiring December 31, 1997.

Building and Construction Advisory Committee
David Wickham, with term expiring December 31, 1997.

Brevard County Commission on the Status of Women
Mary Jane Nail, replacing Patricia A. McEwen, with term expiring December 31, 1997. Jewell Collins, with term expiring December 31, 1997.

Titusville-Cocoa Airport Authority
William Sawyer, with term expiring December 31, 1999.

MPO Citizens Advisory Committee
Phillip Borsik, with term expiring December 31, 1997. Clarence H. Mills, with term expiring December 31, 1997.

Meadowlane Community Library Board
Larry Hughes, with term expiring December 31, 1997. Elizabeth L. George, replacing Richard Hood, with term expiring December 31, 1998.

Central Brevard Library and Reference Center Advisory Board
Carolyn Kenaston, with term expiring December 31, 1997. Janet Williams, with term expiring December 31, 1997.

Library Board
Deanna Reiter, with term expiring December 31, 1997.

Medical Services Review Committee
Mike McCullers, with term expiring December 31, 1997. Robert H. Cunningham, with term expiring December 31, 1997.

Access to Government Information Committee
Nick White, with term expiring December 31, 1997. Richard Higgins, replacing David Szulczewski, with term expiring December 31, 1997.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

DISCUSSION AND STAFF DIRECTION, RE: AMENDMENTS TO FENCE REGULATIONS

B. J. Wittbold advised he complained to Code Enforcement; the fence should be lowered to four feet; and it obstructs the view and makes it difficult to get onto the highway. He presented pictures to the Board of front and backyards; and requested no change in the Code.

Commissioner Cook expressed concern about raising the front yard fence to six feet as it will obstruct view of traffic; and stated he has no problem providing for commercial and industrial going to ten feet, especially where they abut residential. Commissioner Higgs agreed with Commissioner Cook.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to amend the Code to provide for administrative waiver procedure with criteria to allow the eight-foot fence height limitation in commercial and industrial zoning classifications to be increased to ten feet, and no change to residential fence heights.

Commissioner Voltz inquired if the Board is going to address Bradley Sinclair's problem; with Commissioner Cook responding at some point the Board had to decide what the Code will be, and it decided on no alteration for residential in front yards, so the Code will stay the way it is.

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

DISCUSSION, RE: STIPULATIONS ON VACATING FAIRCHILD DRIVE IN INDIAN RIVER GROVES AND GARDENS - TERESA SPIEGEL

Allen Smith advised of a problem with a 25-foot right-of-way deeded to the Spiegels and not cleared for eight to nine years. He stated the growth was not mowed and there is no landscaping without water. He stated they want someone to clean it off because it is a fire hazard.

Commissioner Cook advised he looked at the property; the concern is not landscaping, but there should be a mechanism to mow it and cut the limbs from Fairchild Drive that are leaning against Mr. Smith's wooden fence. Beverly Sutphin stated a survey showed the majority of the property is in the wetland and cannot be cleaned until a site plan is approved. She stated she does not know if they can cut the branches, but they cannot clean it. County Manager Tom Jenkins advised he will explore the option of trimming the branches against the fence. Commissioner Cook stated it was stipulated that they clear it and landscape it, but that cannot be done until the site plan goes through, so he wants an extension on the landscaping condition.

Mr. Jenkins advised Mr. Spiegel is willing to cooperate with the County. Assistant to the County Manager Peggy Busacca advised staff asked Division of Forestry to see if it is a fire hazard; and she has a memo saying it is not more than any other place; however, she is not saying it is not an issue with Mr. Smith.

Commissioner Higgs stated the person to whom the property was vacated is willing to work with the County; and suggested the Board stipulate if Mr. Spiegel is willing to take care of the issues next to the fence, he be given twelve months to get it landscaped.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to amend the conditions of the May 21, 1996 vacating of Fairchild Drive in Indian River Groves and Gardens, as petitioned by Teresa Spiegel, to allow a 12-month extension of time for landscaping and maintenance of the revegetated buffer, on the condition the Spiegels work with the County to clean up potential fire hazards within the buffer in 30 days. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF TASK FORCE RECOMMENDATIONS, AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING SIGN ORDINANCE

Barbara Jagrowski, President of League of Women Voters of the Space Coast, advised the Board received a letter dated January 6, 1997 from the North Brevard Beautification Commission supporting no change to the Ordinance, and opposing enlarging billboards.

Scott Polinek, representing Lamar Outdoor Signs, stated they have looked at the Ordinance for over a year; it has gone to committees, task forces, and a number of establishments; and now he understands there may be a workshop on it. He stated he would like to see it advertised as submitted by the Task Force; large signs on interstates help bring people into Brevard County; and they would like to see it passed.

The Board discussed Port Orange's sign regulations, aesthetic appeal, effectiveness of current Ordinance, size of billboards, wasted efforts of staff and the Task Force, Board's prerogative to accept or reject recommendations, loss of revenue by not permitting signs, enforcement problems, signs in the rights-of-way, sizes of signs, what other communities are doing with signs, public response, and input to staff.

Bob Wille, member of the Sign Ordinance Task Force, advised about two years ago the Board asked staff to look into the Sign Ordinance; then it went to the Building and Construction Advisory Board and Local Planning Agency for their input. He stated the Board balanced the Task Force with different interests and goals; they did a good job coming up with a compromise; the process took into consideration all concerns and interests; and the Board got as much public input as it could expect. He stated there were a lot of things in the Ordinance that were reasonable; they did what they were charged with, and that was to find a common goal they could all live with; and inquired if the Board already knew what it wanted, why did it form the Task Force.

Commissioner Voltz requested comments from staff.

Jim Statlick advised staff did research for the Task Force on signs without permits, permitted signs, occupational licenses, etc.; and there are 844 licenses and 131 permitted signs, so 713 businesses may or may not have signs. He stated there are a lot of illegal signs because staff has not been enforcing the Ordinance; the proposed ordinance was to make it easier to interpret; there was input from the public, staff, and industry; and staff needs an ordinance it can work with. Commissioner Voltz inquired if there is sufficient staff for enforcement; with Mr. Statlick responding no.

Commissioner Higgs stated there are some things that could make it a better process; there are waiver conditions; and she has no problem with the structure of the new ordinance, but does not want to increase the size of billboards. Commissioner Voltz stated staff needs clear direction on what the Board wants and does not want. Commissioner Cook suggested the County Attorney make changes to make the ordinance more enforceable. Commissioner Voltz expressed concern for the business people who are affected by the Ordinance; and stated she wants legal issues listed to know what she needs to address.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of recommendations from the Sign Ordinance Task Force; express appreciation for the work it did; instruct each Commissioner to provide the County Manager with desired changes to the Ordinance; direct the County Attorney to provide the Board with suggested amendments to deal with specific issues legally considered to be unenforceable; and direct staff to return to the Board within 60 days with recommendations to amend the Ordinance to facilitate smoother enforcement and a streamlined permitting process. Motion carried and ordered unanimously.

The meeting recessed at 10:14 a.m., and reconvened at 10:31 a.m.

DISCUSSION, RE: EXTENSION OF LEASE AGREEMENT WITH TEMPORARY LIVING FACILITY

William Kendrick, Johnnie Wimpee of VARIA, Joseph Stadnik, Ken Woods, Tom Denson, Edward and Susan Coburn, Frank and Maria Costello, and Nicki Kisner of Canaveral Groves Homeowners, Inc. (CGH), Barbara Dillabough, Eric Jones and Kathy Turner of Temporary Living Center (TLC), Chris Gast, Mary Tees, Maureen Rupe, Ernest and Barbara Voegtlin, and Roy and Patricia Stevens of Port St. John Homeowners Association, Walter Butler of North Cocoa Civic League/AARP, George Emr and Bill Hurst of Port St. John Seniors, Miriam Fisher, Curt Lorenc, Janis Walters, Ann Clayton, and Rose Gainey, addressed the Board in support and/or opposition to extending the Lease Agreement with Temporary Living Facility (Broken Glass, Inc.).

The Board discussed the need for the temporary living facility, extension of the lease, sensitivity to other people's property values, fear, safety, change from Broken Glass to TLC, and change in funding source.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve 60-day extension of the Lease Agreement with Temporary Living Facility, with no further extensions. Motion carried and ordered unanimously.

Discussion continued on property in Sharpes, moving the facility, the sales contract, site acquired for expansion of the Detention Center, and where this type of facility can be located.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to deny contract on County property in Sharpes. Motion carried and ordered; Commissioners Scarborough, O'Brien, and Cook voted aye, and Commissioners Higgs and Voltz voted nay.

The meeting recessed at 11:50 a.m. and reconvened at 12:00 noon.

DISCUSSION, RE: JUVENILE ASSESSMENT CENTER COMMITTEE AND ORDINANCE IMPOSING FEE

Commissioner Voltz advised she toured the Juvenile Assessment Center last week and the video explains how it works in Orange County. Commissioner Higgs stated the Board is aware of what the function is, and she is ready to form the committee.

Judge Larry Johnston advised he is here to present a Juvenile Assessment Center Partnership Agreement with Sheriff Williams and Department of Juvenile Justice, which allows the Board to adopt an ordinance to impose a $3.00 tax on felony and misdemeanor offenders to fund the Center.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize establishment of the Juvenile Assessment Center Committee.

Chairman O'Brien inquired if all participants will request increases in their budgets next year; stated it will cost $1,000,000 for the facility; and the Board cannot look at $1,000,000 for a building at this time. Judge Johnston stated one key is increased efficiency; the six or seven centers that have been established are noted for increased efficiency and reduced budgets after the initial start-up costs; and it will have many agencies under one roof to provide services. He stated if they get the business community involved, they could possibly get contributions, as shoplifting costs a lot and the program could reduce shoplifting. He noted it is a long-term investment; and by the time the juvenile is an adult, there could be less problems and thereby less cost to the community.

Commissioner Cook advised the ordinance to impose an additional $3.00 court cost in juvenile cases to fund a juvenile assessment center is premature and a separate issue; the committee needs to work on funding options and return to the Board; and the motion is only to form the committee to look at options and State participation.

Commissioner Voltz advised the building her office is in is centrally located; and when the State Attorney moves out, it will be vacant. She stated it has a jail and elevator; and she could move her office into the corner of the building if the Juvenile Assessment Center wants to move in. She requested to be on the committee. Commissioner Cook suggested giving the facility and the rest of the funding come from the State.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to amend the motion to appoint Commissioner Helen Voltz as a member of the Juvenile Assessment Center Committee, representing the Board.

Commissioner Higgs amended the motion to include Phil Penley and Ray Berry of the Department of Children and Family Services on the Committee, as well as a Juvenile Justice Board representative. Commissioner Cook accepted the amendment.

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

ANNOUNCEMENT, RE: EXECUTIVE SESSION

Chairman O'Brien announced the Board will meet in executive session at 1:30 p.m., after which it will reconvene this meeting.

The meeting recessed at 12:17 p.m. and reconvened at 1:57 p.m.

STAFF DIRECTION, RE: APPLICATION TO MODIFY STORMWATER MANAGEMENT PERMIT FOR CENTRAL DISPOSAL FACILITY'S WETLAND MITIGATION SITE

Commissioner Voltz advised she and Henry Minneboo met with the homeowners and will go to the Homeowners Association meeting. She noted they want to see portable pumps.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to table consideration of continuation or withdrawal of the modification of the Stormwater Management Permit for the Central Disposal Facility's wetlands mitigation site, to allow Commissioner Voltz and staff to meet with homeowners for inspection of the portable pumps. Motion carried and ordered unanimously.

APPROVAL, RE: BAD DEBT WRITE OFFS, AND RESOLUTION REVISING FINES AND FEES FOR LIBRARY SERVICES DEPARTMENT

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution revising the fines and fees to charge $10.00 processing fee for all accounts turned over to a collection agency. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to revise LS-3 Circulation and Loan Rules to delete the overdue threshold, meaning library privileges will be revoked for any patron who owes a fine until the fine is paid. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Library Services Department to purge the accounts receivables prior to January 1, 1990 from the computer system in the amount of $167,720.38. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to solicit request for proposals for collection agencies. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-28, DIGITAL LOGGING RECORDERS; PERMISSION TO PURCHASE TIMING DEVICES, APPROVAL OF BUDGET CHANGE REQUESTS, AND EXTENSION OF AGREEMENT WITH DICTAPHONE, RE: E-911 SYSTEM

Pat Smith, representing Dictaphone Corporation, stated staff was fair in gathering facts; and described in detail the process used to get the best system and price for the recorders.

Commissioner Cook inquired if the bid specifications were changed; with Communications Network Director Joe Lamers responding they extracted what they needed from other counties and changed in the process of writing the specifications.

Commissioner Voltz advised she wanted the item brought back because a lady came to the Board and insinuated collusion; and she did not want the public to think the Board did not do anything about it. She stated she supports award of the bid to Dictaphone.

David Coote, representing Lanier Worldwide and Harris Corporation, expressed concern about the award to Dictaphone, indicating specifications Dictaphone could not address; and stated if they knew they could be 32 channels instead of 48, their bid would be less than Dictaphone's bid. He requested the Board rebid the recorders to give others a chance to meet the reduced specifications. Commissioner Scarborough inquired if Mr. Coote is saying the specifications required 48 channels; with Mr. Coote responding that is correct. Mr. Lamers read the specifications, and stated Dictaphone bid another chassis and no down time. Mr. Coote stated the machines are required to run for a period of time; they provided uninterrupted power supply to do that; Dictaphone will run ten to fifteen minutes without power supply; and the bid called for one hour, so they do not meet that specification. Mr. Lamers advised Dictaphone addressed it as part of the system. Ms. Smith stated every system Dictaphone has delivered in two years has the power battery. Mr. Coote advised their supplier is more proficient in that area and could explain it to the Board.

John Loschiavo explained the bid specifications, the 32 channels versus 48 channels, UPS, and battery issues; and stated the Board was misled by Dictaphone. He requested they be allowed to bid the same thing; and assured the Board it would be $24,000 less than Dictaphone's bid. He stated he can prove they cannot do what they say they can; and requested a rebid. Mr. Lamers advised the specifications is only one performance criteria for the system; the County is not naive in accepting the bid from Dictaphone; it had people on the committee from operational sites who understand the equipment and capabilities; and they spent eight months getting through the process. He stated they have a solid system and he is comfortable going with Dictaphone.

Commissioner Cook inquired how long will the battery last; with Ms. Smith responding two hours. Mr. Lamers advised the requirement was one hour, and there is surge and lightning protection in addition to UPS. Ms. Smith stated the UPS is designed to work with the battery. Commissioner Voltz stated in the future staff needs to be more specific with specifications. Commissioner Higgs stated the selection by the Committee is the product the Board should approve.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to award Proposal #P-3-6-28, Digital Logging Recorders, to Dictaphone Corporation at $271,052.56 for 11 digital logging recorders for the E-911 System; approve the purchase of timing devices from Spectracom Corporation at $25,865; approve Budget Change Request for capital improvements to the E-911 System; and extend existing Maintenance Agreement with Dictaphone Corporation through September 30, 1997.

Commissioner Scarborough inquired if the County Attorney feels comfortable with the motion; with County Attorney Scott Knox responding based upon what he heard, he does not see a problem. Commissioner Higgs stated it was a proposal; and proposals are evaluated on a number of criteria and not on one line in the bid specifications.

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

APPROVAL, RE: SPEED HUMPS ON JAMAICA ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve installation of speed humps on Jamaica Road in Port St. John. Motion carried and ordered unanimously.

APPROVAL, RE: SPEED HUMPS ON CALAIS AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table the request for speed humps on Calais Avenue in Port St. John to January 21, 1997, to allow time to get more justification for the request. Motion carried and ordered unanimously.

PERMISSION TO FILE PETITION WITH FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, RE: UNIT CLARIFICATION FOR SHIFT CAPTAINS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize filing a petition with the Florida Public Employees Relations Commission for unit clarification for shift captains. Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING TAX ABATEMENT APPLICATION FROM HYDRO ALUMINUM - ROCKLEDGE

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution stating that Hydro Aluminum is a qualified existing business planning to expand in Brevard County; requesting the Property Appraiser to provide the Board with the necessary report; requesting the Economic Development Commission conduct an economic analysis and provide the Board with a recommendation of Hydro Aluminum's tax abatement application; and authorizing publication of a public hearing notice to consider adopting an exemption ordinance. Motion carried and ordered unanimously.

NEGOTIATED WORKERS' COMPENSATION SETTLEMENT, RE: JOHN FERRIER

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve negotiated Workers' Compensation settlement with John Ferrier at $25,000 plus legal fees and expenses. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - TONI BLIZARD, RE: POLICY OF SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF NORTH BREVARD

Toni Blizard advised on December 15, 1996, her dog got off her porch and was taken to the Animal Shelter; they did not check the Shelter because they live next to Six Mile Creek and assumed the worst happened; but when she did go to the Shelter on December 23, 1996, she was informed the dog was adopted and had to be spayed. She stated she wanted to speak to the people who adopted her dog, but was told she was not able to do that. Ms. Blizard advised the dog is 13 years old; her daughter cried and wanted her dog back for Christmas; it has been spayed and gone home with the family; and she was treated by SPCA as if she did not deserve to have her dog back.

Commissioner Cook inquired why SPCA could not dial the number of the people who adopted the dog and let Ms. Blizard talk to them; with Sherri Wanda responding they felt it was not appropriate; however, she called and explained the story to the people and asked them if they were willing to relinquish the adoption. She stated she wants to apologize to Ms. Blizard for the situation but not for their policies and procedures, because to run the shelter efficiently, they must have rules and guidelines. Commissioner Cook inquired if they are required to give out names of adopters; with County Attorney Scott Knox responding they have a contract to perform County service on County property.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Attorney to research State laws on whether names of people who adopt animals from the SPCA of North Brevard are public record because SPCA is in a County facility providing a service for the County, and report to Toni Blizard, SPCA, and the Board.

Commissioner Voltz expressed displeasure with SPCA insinuating the dog was not taken care of because it was not spayed; and stated Ms. Blizard deserves an apology. Debra Copeland advised they have no control over articles people write in the newspapers, and many things that were in the article were not as stated to the reporter.

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

APPROVAL OF PRELIMINARY ENGINEERING REPORT, AND AUTHORIZATION TO ISSUE NOTICE TO PROCEED, RE: CROTON ROAD WIDENING PROJECT

Commissioner Higgs expressed concern about proceeding with appraisals, title search, and preliminary engineering when they do not have the money to do the project; and stated it would be ill advised to go forward with design of the road when the Board does not know when it will be built. She stated the Board has a workshop on the gas tax; and unless it knows how it will pay for the project, it is not wise to proceed.

Commissioner Cook stated if the final engineering is done, they could proceed much faster with the project when funds are available; and inquired how long would it take to do the report; with Assistant Public Works Director Mike Miller responding about six months.

Discussion ensued on safety concerns, construction costs, impact fees, funding, saving money by not providing project books to Commissioners unless requested, and putting projects on disks.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Preliminary Engineering Report and authorize Notice to Proceed for Croton Road Widening Project.

Discussion continued on gas tax extension, other funding sources, and options for immediate improvements.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table the Preliminary Engineering Report and authorization to provide Notice to Proceed for Croton Road Widening Project until after the Gas Tax Workshop. Motion carried and ordered; Commissioners O'Brien and Cook voted nay.

PERMISSION TO PREPARE ORDINANCE, RE: HIGH-WATER RECHARGE PROTECTION TAX ASSESSMENT PROGRAM

Commissioner Scarborough requested additional information prior to preparing an ordinance on a high-water recharge protection tax assessment program. He stated there is only one corner of Brevard County where it would be found. Assistant to County Manager Peggy Busacca advised she looked at the St. Johns Technical Publication, and the highest is north of SR 46 in Mims.

The Board declined to take action on preparation of an ordinance regarding a high-water recharge protection tax assessment program.

AMENDMENTS TO CONTRACT WITH DELTA DENTAL INSURANCE COMPANY, RE: CORRECTING SCHEDULE OF BENEFITS

Chuck Maxwell, member of the Insurance Committee, advised of problems with Delta Dental; asked the Board to insist every vendor include all five hospitals in the health program; and requested the Board's guidance on the RFP for the dental program, and (1) Human Resources conduct search for responders to the RFP to hear from all 12 plans; (2) provide clear performance guidelines; (3) require clear explanation of benefits; and (4) complaint resolution for the dental program.

Human Resources Director Frank Abbate advised the Board adopted Orange County's performance standards, but the one Mr. Maxwell talked about Orange County did not have and neither does Brevard County. He stated they could accomplish that in the RFP process for the dental program.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct Human Resources staff to conduct search for responder to the RFP; require clear performance guidelines and clear explanation of benefits; and provide complaint resolution mechanism for the dental program. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendments to Applications for Deltacare Group Dental Service Policies for Plans 219 and 220. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - BEA POLK, RE: NORTH BREVARD HOSPITAL BOARD

Bea Polk advised the residents of North Brevard would like to have a say in their Hospital; Commissioner Scarborough does not attend the Hospital Board meetings; a new bill will allow the District 1 Commissioner to make six appointments to the Hospital Board; and inquired if Brevard County is one County or five Districts. She stated the people voted for Districts so it would be less expensive to run for office not for dictators in each District; and inquired how many petitions will she need to change it to Countywide election of County Commissioners. She made statements about the North Brevard Hospital Board's activities such as moving money out of the District and building side-by-side corporations, the profit made by the Hospital, salaries of directors, and unfairness of not giving others a chance to be on the Hospital Board.

Commissioner Cook advised the Board requested information on nonprofits, and inquired if it was received; with County Manager Tom Jenkins responding staff is in the process of accumulating that information.

Commissioner Scarborough advised if any Commissioner objects to his nominations for appointments to the Hospital Board, they should feel free to do whatever is appropriate. He stated he understands they do not have to come from District 1, but he brings them forward because the Hospital District is in District 1.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 3:48 p.m.

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

ATTEST:
SANDY CRAWFORD, CLERK
(SEAL)