The Board of County Commissioners of Brevard County, Florida, met in regular session on April 18, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien of District 2.

Commissioner Cook led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Minutes of January 24/26, 1995 and February 7, 1995 Regular Meetings, and January 26, February 1, February 1, February 8, and February 14, 1995 Special Meetings. Motion carried and ordered unanimously.

DISCUSSION, RE: COLLECTION OF PUBLIC DEFENDER LIENS

Commissioner O'Brien advised of a message from the Clerk of the Circuit and County Courts notifying the Board that he will cease to be the collection agent for uncollected Public Defender liens and enforcement; and inquired what is the solution to that.

County Manager Tom Jenkins advised staff will ask the Board at the next meeting to consider going to a private collection agency, as it can probably increase the level of collection with a private agency.

ACKNOWLEDGE, RE: LETTER ABOUT WALL ON WICKHAM ROAD

Commissioner Cook advised of a letter he received from constituents regarding a dangerous situation with the wall on Wickham Road, and presented it to the County Manager.

RESOLUTION, RE: NAMING CASSEEKEE TRAIL

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution naming a 25-foot wide private access trail as Casseekee Trail located in Section 10, Township 29S., Range 38E. Motion carried and ordered unanimously.

STIPULATED FINAL JUDGMENT, RE: BREVARD COUNTY v. WARDLOW/PARCEL 158/ TROPICAL TREEHOUSE, INC.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Mediation Stipulated Final Judgment as to business damages for Tropical Treehouse, Inc. and attorney's fees and costs. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING ROAD RIGHT-OF-WAY IN TITUSVILLE FRUIT & FARM LANDS COMPANY SUBDIVISION - BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution setting the public hearing for May 16, 1995, to consider vacating road right-of-way in Titusville Fruit & Farm Lands Company Subdivision as petitioned by Brevard County Board of County Commissioners. Motion carried and ordered unanimously.

AGREEMENTS WITH FLORIDA POWER & LIGHT COMPANY, RE: SUBORDINATION OF UTILITY INTERESTS TO BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Subordinations of Utility Agreements with Florida Power & Light Company for properties along Milwaukee Avenue in West Melbourne. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH JULES PINCUS AND JOHN TATAKIS, RE: DAIRY ROAD SOUTH WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract for Sale and Purchase with Jules Pincus and John Tatakis for road rights-of-way, drainage easements, and temporary construction easement for Dairy Road South Widening Project. Motion carried and ordered unanimously.

APPROVAL OF PUBLIC WORKS CONSTRUCTION SERVICES, RE: WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize Public Works Department to perform construction services for Wickham Road Widening Project at a cost of $18,549.60. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: GEOTECHNICAL SERVICES FOR MINTON ROAD WIDENING PROJECT, FROM MALABAR ROAD TO EMERSON DRIVE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to bid geotechnical services for Minton Road Widening Project, from Malabar Road to Emerson Drive. Motion carried and ordered unanimously.

APPROVAL, RE: GRADE CROSSING REHABILITATION AT JONES ROAD (MP 149 + 3219')

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve expenditure of $9,545.80 for grade crossing rehabilitation at Jones Road in District 1, and approve temporary closing of the roadway for repairs upon notification of a date by FEC Railway Company. Motion carried and ordered unanimously.

TASK ORDER NO. 7 WITH GERAGHTY & MILLER, INC., RE: GROUNDWATER CLEANUP AT MOSQUITO CONTROL TICO FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Task Order No. 7 with Geraghty & Miller, Inc. to clean up the groundwater at the Mosquito Control TiCo Facility contaminated during removal of a 10,000 gallon storage tank for $5,075. Motion carried and ordered unanimously.

AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND APPROVE BUDGET CHANGE REQUEST, RE: REHABILITATION OF IMPOUNDED ESTUARINE WETLANDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with St. Johns River Water Management District for $189,300 for rehabilitation of impounded salt marshes; and approve Budget Change Request for the funds. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL AND WAIVERS OF RIGHT-OF-WAY WIDTH AND LOCATION OF CUL-DE-SAC, RE: JOY ROAD SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Joy Road Subdivision, and waive right-of-way width and location of cul-de-sac, subject to minor engineering changes as applicable and Board approval not relieving the developer from obtaining necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: TROPICAL PARADISE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Tropical Paradise Subdivision, subject to minor engineering changes as applicable and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

EXTENSION OF CONSTRUCTION PERMIT, RE: ILLINOIS AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to extend Construction Permit for Illinois Avenue unpaved road, for sixty days, subject to approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

EXTENSION OF CONSTRUCTION PERMIT, RE: JUDY ROAD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to extend Construction Permit for Judy Road unpaved road for sixty days, subject to approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACTS WITH SOUTH ISLAND PROPERTIES, RE: IMPROVEMENTS IN WOODS AT IROQUOIS SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contracts with South Island Properties, guaranteeing infrastructure and sidewalk improvements in Woods at Iroquois Subdivision. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN VIERA TRACT D-3, PHASES 3 AND 4

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera Tract D-3, Phases 3 and 4. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ESTABLISHING SUBDIVISION AND SITE PLAN REGULATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise an ordinance amending Chapter 61-1908, pertaining to removing the requirement of prepayment of taxes of 125% for proposed subdivisions. Motion carried and ordered unanimously.

PERMISSION TO AMEND, RE: SIGN ORDINANCE NO. 91-18

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to amend Ordinance No. 91-18, regulating signs, as amended by Ordinance No. 92-05. Motion carried and ordered unanimously.

RESOLUTION, RE: CREATING COMMUNITY BASED ORGANIZATION FUNDING ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution creating the Community Based Organization Funding Advisory Board. Motion carried and ordered unanimously.

APPROVAL TO CONVERT TEMPORARY OFFICE ASSISTANT II TO PERMANENT STATUS, RE: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve conversion of the current full-time temporary Office Assistant II position to full-time permanent status for the Low Income Home Energy Assistance Program, with the position and benefits to be entirely funded by grant funds. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF PALM BAY, RE: SCAT BEACH PLUS BUS SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with City of Palm Bay for Space Coast Area Transit to provide Beach Plus Bus Service from June 5, 1995 through August 18, 1995 at $20,000. Motion carried and ordered unanimously.

AGREEMENTS WITH SPACE COAST HABITAT FOR HUMANITY, INC., RE: PARCELS FOR LOW INCOME PERSONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreements with Space Coast Habitat for Humanity, Inc. to provide for the purchase of parcels for low income persons from April 18, 1995 through February 29, 1996; and authorize the Chairman to execute any amendments or addenda contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: EASY STREET PAVING AND DRAINAGE IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to bid paving and drainage improvements associated with Easy Street in Merritt Island; and authorize award of bid and the Chairman to sign the Contract with the awarded bidder upon review by the County Attorney. Motion carried and ordered unanimously.

APPROVAL OF CONSULTANT SELECTION COMMITTEE'S RECOMMENDATION, APPOINTMENT OF NEGOTIATING COMMITTEE, AND AUTHORIZATION TO NEGOTIATE, RE: CONTINUING CONSULTANT SERVICES CONTRACT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Consultant Selection Committee's recommendation for continuing consultant services; appoint Bernice Jackson, Kim Brautigam or her designee and Denise Carter to the Negotiating Committee; and authorize negotiations with (1) ICF Kaiser, Inc.; and if not successful, to negotiate with (2) Florida Planning Group, Inc. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: BREVARD VETERANS MEMORIAL PARK ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reappoint George Cipoletti, representing District 1, Raymond Blaquiere, representing District 3, Timothy Joyner, representing District 5, John Brown representing Senator Patsy Kurth, Jonah Britt representing Representative Bill Posey, Peter Dilavore representing Representative Howard Futch, and Lester Rentmeester representing Representative Harry Good for a period of one year effective April 18, 1995. Motion carried and ordered unanimously.

CERTIFICATE OF PARTICIPATION, RE: APPLICATION FOR DRUG CONTROL AND SYSTEM IMPROVEMENT BLOCK GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Certificate of Participation to coordinate preparation of an application for Drug Control and System Improvement Block Grant. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: SPACE WALK OF FAME PICNIC AT SAND POINT PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive provisions of Article IV, Festivals and Article V, Section 18-104(2), Alcoholic Beverages, to allow musical entertainment and sale, possession, donation of alcoholic beverages at the Space Walk of Fame picnic on May 12, 1995 at Sand Point Park., subject to the group providing security and general liability insurance to include liquor liability, and obtaining all state and local regulatory permits as required. Motion carried and ordered unanimously.

AGREEMENT WITH ISLAND ROWING CLUB, RE: USE OF KIWANIS ISLAND PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Island Rowing Club for use of Kiwanis Island Park from May 17, 1995 through May 16, 1996. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH RKT CONSTRUCTORS, RE: KELLY PARK BOAT RAMP

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with RKT Constructors, Inc. for Kelly Park Boat Ramp, increasing contract amount by $3,683 to remove and replace 40 feet of concrete bulkhead on either side of the new ramp. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: PURCHASE OF CASTAWAYS POINT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Florida Department of Environmental Protection for reimbursement of $91,480 for purchase of Castaways Point. Motion carried and ordered unanimously.

REVISED POLICY BCC-16, RE: LIBRARY MATERIAL SELECTION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve revised Policy BCC-16, Library Material Selection. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: EMERGENCY MANAGEMENT ASSISTANCE GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Florida Department of Community Affairs for $56,759 Emergency Management Assistance Grant; and designate Assistant Public Safety Director Mark McMichael as the authorized agent for grant administration. Motion carried and ordered unanimously.

OPTION AGREEMENTS WITH THE NATURE CONSERVANCY, RE: PROPERTIES CONTIGUOUS TO NORTH INDIAN RIVER LAGOON CARL PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize execution of Option Agreements with The Nature Conservancy to purchase 50.6? acres from B. Schmahl, D. Schmahl, and R. Schmahl, 9.7? acres from T. Steimel and H. Sconn, and 19.3? acres from I. Sconn, E. Jacobs, and K. and H. Sconn within the North Indian River Lagoon CARL Project; and authorize the Chairman to accept assignment of the Options pursuant to the Option Agreements. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH STAR BASE DEVELOPMENT COMPANY, RE: PORT ST. JOHN EXFILTRATION SYSTEM Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 1 with Star Base Development Company for Port St. John Exfiltration System, increasing contract amount by $1,193.75 for one additional monitoring well and two piezometers. Motion carried and ordered unanimously.

AGREEMENT WITH WILLIAM AND SUELLE SWARTZ, RE: HYDROGEOLOGICAL TESTING FOR NORTH BREVARD WATER SYSTEM WELL FIELD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Consent to Entry Agreement with William P. and Suelle Swartz authorizing the County to enter the property to perform hydrogeological testing for North Brevard Water System Well Field. Motion carried and ordered unanimously.

ACCEPT QUIT CLAIM DEED AND EXECUTE RELEASE, RE: SUNTREE WATER PLANT SITE FROM CITY OF COCOA

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept Quit Claim Deed from City of Cocoa for land donated to the City for construction of a water tower, and execute Release to waive any claims the County may have to other two-thirds of the property. Motion carried and ordered unanimously.

APPROVAL OF GOVERNOR'S APPOINTMENT, RE: BREVARD COUNTY HOUSING AUTHORITY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Governor Chiles' reappointment of Dr. Harry K. Nyquist to the Brevard County Housing Authority with term expiring January 3, 1999. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING SJR 2576, REQUIRING REIMBURSEMENTS FOR CRIMINAL AND/OR CIVIL JUSTICE SYSTEMS EXPENSES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution supporting SJR 2576 requiring the Florida Legislature to appropriate funds to reimburse counties for criminal and/or civil justice systems expenses. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM TOWN OF MELBOURNE BEACH, RE: SUPPORTING WIDENING OF U.S. 192

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of Resolution from Town of Melbourne Beach supporting the widening of U.S. 192 between I-95 in Brevard County and St. Cloud in Osceola County via a special Congressional and State Legislative Appropriation. Motion carried and ordered unanimously.

AUTHORIZE RENEWAL OF CONTRACT WITH ARM/TECH, INC., RE: ACTUARIAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to renew Contract with Arm/Tech, Inc. for actuarial services at $5,250. Motion carried and ordered unanimously.

REVISED POLICY BCC-36, RE: DRUG AND ALCOHOL TESTING

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve revised Policy BCC-36, Drug and Alcohol Testing, to expand covered employee to include all safety sensitive positions. Motion carried and ordered unanimously.

REJECT BIDS AND AUTHORIZE RE-BID, RE: BID #B-5-5-63, AUTO PARTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reject all bids for Bid #B-5-5-63, Auto Parts, as only two bids complied with specifications; and authorize re-bid with revised specifications to include a more expansive list of acceptable parts and greater clarification of the value given to percentage off jobber price. Motion carried and ordered unanimously.

REJECT QUOTE AND AUTHORIZE RE-QUOTE, RE: QUOTE #Q-4-5-69, MOBILE DIESEL DRIVEN PUMP

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reject sole quote of Couch Pump for Quote #Q-4-5-69, Mobile Diesel Driven Pump for Mosquito Control Division, and grant permission to re-quote under revised specifications. Motion carried and ordered unanimously.

AGREEMENT WITH BELL SOUTH TELECOMMUNICATIONS, INC., RE: FRAME RELAY SERVICE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Special Services Arrangement Agreement with Bell South Telecommunications, Inc. for frame relay service with fast packet exchange line to provide greater network flexibility, efficiency, and increased resiliency for 36 months at $66,164. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT TO SOUTHERN COMFORT BUILDERS, RE: LANDSCAPING AND IRRIGATION AT WATERWAY PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve final payment of $4,371 to Southern Comfort Builders for completion of the landscaping and irrigation at Waterway Park. Motion carried and ordered unanimously.

APPROVAL TO REPLACE LOST BOND, RE: RENAISSANCE RETIREMENT, LTD. PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve replacement of lost bond for Renaissance Retirement, Ltd. as requested by Union Planter's Bank, bond trustee. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM CANAVERAL PORT AUTHORITY AND AUTHORIZE LETTER OF SUPPORT, RE: BEACH RESTORATION AND FLOOD CONTROL PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of Resolution from Canaveral Port Authority, and authorize a letter of support from the Board requesting the Florida Legislative Delegation oppose the federal government's proposal to remove from the Corps of Engineers Civil Works Mission federal participation in Beach Restoration and Flood Control Projects which are not considered nationally significant. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint the following:

Planning and Zoning Board
Mike Brady, 6630 Arequipa Road, Cocoa 32927 replacing Shawn Ryan with term expiring December 31, 1995.

Lake Washington Park Citizen Committee
Melissa Thorn, 2725 St. Johns Street, Building C, Melbourne 32940, replacing Linda Read-Baz with term expiring April 15, 1996. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

PERSONAL APPEARANCE - FRANK ABBATE, HUMAN RESOURCES DIRECTOR, RE: RESOLUTIONS RECOGNIZING BRAVE PARTICIPANTS

Chairman Higgs recognized Mary Ingram, Project Director of AARP/Senior Community Service Employment Program, Roger Henry, Director of BCC Center for Service Learning and Executive Director of Florida Campus Compact, Lynette Kearns, Project Coordinator of BCC Center for Service Learning, and Daniela Mittoo, Coordinator of BCC Women in Transition Program; and expressed appreciation for everything they do for the County. She stated without volunteers the County could not do what it does for the citizens, and asked all the BRAVE volunteers to stand and be recognized as she called their names.

Chairman Higgs read the Resolutions expressing gratitude to Roger Henry, Mary Ingram, Lynette Kearns, Daniela Mittoo, and Jose Abarquez for their volunteer efforts, support and promotion of the volunteer program.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolutions commending BRAVE participants for their outstanding contributions to Brevard County. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - PATRICIA BEAN, COURT ALTERNATIVES DIRECTOR, RE: RESOLUTION RECOGNIZING SEARCH AND RESCUE VOLUNTEERS

Court Alternatives Director Patricia Bean advised the Search and Rescue Response Force is an all volunteer nonprofit military structured organization working within Brevard County with law enforcement agencies, medical, paramedical agencies, and other organizations such as Boy Scouts of America and Red Cross. She stated the Search and Rescue Response Force has been operational in Brevard County since November 22, 1989; they have many activities that assist Brevard County in searching for missing persons, rescue operations, recovery operations, and law enforcement operations; and introduced General Mark Lewis, General Deborah Lewis and Major Orlando Ramirez who will be accepting the resolution.

Chairman Higgs read the Resolution commending the Search and Rescue Response Force volunteers for their exemplary dedication and service to the community.

Motion by Commissioner Ellis, seconded by Commissioners O'Brien, to adopt Resolution commending the Search and Rescue Response Force volunteers. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - PATRICIA BEAN, COURT ALTERNATIVES DIRECTOR, RE: RESOLUTIONS RECOGNIZING COURT ALTERNATIVES VOLUNTEERS

Court Alternatives Director Patricia Bean advised of the 35 volunteers in the Court Alternatives Department, there are five representing the group, Eleanor Brown, Christine Lawlis, Arthur Lamar, Richard Burbank and Donald Ellison; the group represents 40% of the Court Alternatives staff; and their combined efforts and dedication signifies a $552,970 cost avoidance in salary and benefits for full-time employees. She stated the three major areas of the Department where their impact is mostly felt are Community Service with cost avoidance of free labor to 120 nonprofit agencies of $689,248.00; the Alternatives Dispute Resolution cost avoidance of litigation and trials have no numbers, but it is quite significant; and Pre-trial Release Program has jail cost avoidance of $1,720,480 for FY 1994. Ms. Bean advised she is very proud of the volunteers; they could not begin to touch the work they do without the assistance of the volunteers; therefore she joins the Board in thanking them for all the work and dedication they have provided to Brevard County and the Court Alternatives Department. She read the names of all the volunteers.

Chairman Higgs read the Resolution commending the Court Alternatives volunteers for their efforts and contributions to public service.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution commending the Court Alternatives volunteers for their outstanding contributions. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - RICHARD RENAUD, MARKETING DIRECTOR OF SPACEPORT USA, RE: RESOLUTION RECOGNIZING TW RECREATIONAL SERVICES

Commissioner Scarborough read the Resolution recognizing TW Recreational Services for 29 years of promoting Spaceport USA, and presented it to Richard Renaud, Marketing Director.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution recognizing TW Recreational Services for its promotion of Spaceport USA. Motion carried and ordered unanimously.

Tourism Development Director Rob Varley advised TDC thanks the Board for the Resolution; TW has been a great partner; and it wishes them success in their other ventures in the country, and looks forward to working with the new company coming in and a continued relationship with Spaceport USA.

Commissioner Scarborough suggested a meeting so the Board can meet with the new agency replacing TW to talk about their individual ideas with them. Mr. Varley stated they have a reception planned for May 8, 1995 at Astronaut Hall of Fame, and the Board will be invited and have an opportunity to meet with them.

PERSONAL APPEARANCE - RON HIGHT, MERRITT ISLAND WILDLIFE REFUGE MANAGER, RE: PRESENTATION OF REVENUE SHARING CHECK

Merritt Island Wildlife Refuge Manager Ron Hight thanked the Board for its support of the project at Haulover Canal; and stated there were 50 boat trailers there last night, so it was a great improvement to the site; and without the Board's support and acting as their agent to apply for a grant, it would not have happened.

Commissioner Scarborough stated congratulations belong to Mr. Hight because it was his idea and ability to put funding together to make it work. He stated the launch site accesses Mosquito Lagoon and the north end of the Indian River; and he appreciates all they did. Mr. Hight stated it was a partnership; and they have an appropriate sign that identifies the partners that made it happen.

Mr. Hight advised the check has increased to $42,300 plus dollars and represents approximately 77% of what the County would be eligible for under the program; the Congress has to appropriate any deficiencies to bring it up to 100%; and it did appropriate some funds but not the full amount. He stated it is based on the revenue sharing that occurs within their agency; it is the only agency within the federal government that actually does revenue sharing; and it is based on 3/4 of 1% of the appraised value of the lands the Fish & Wildlife Service actually owns, including lands purchased for the Archie Carr Refuge and the St. Johns Refuge. He presented the check to Chairman Higgs.

Chairman Higgs thanked Mr. Hight, and stated the Board appreciates the money.

PERSONAL APPEARANCE - J. PETER SCHARDIEN AND BILL BAKER, 19TH LANCERS ORGANIZATION, RE: EXPLANATION OF ORGANIZATION

J. Peter Schardien advised he is a member of the 19th Lancers Regiment of Brevard County Militia which is part of the Florida Militia, and supports the objectives (1) to guarantee freedom, safeguard the Constitutional right to keep and bear arms, resist all efforts to deprive American citizens of arms that they presently own or restrict their right to own or acquire and possess arms, ammunition and related items of their own choosing, and to use such items for protection of life, defense of liberty, and other legitimate purposes including hunting, competitive shooting, marksmanship, training and target practice; (2) to promote public understanding, appreciation, and support of the individual right to keep and bear arms and its critical importance to the maintenance of human freedom; (3) to provide a means whereby private citizens can train and prepare for service in militia and/or Florida State Guard, specifically to include training in firearms safety and marksmanship; (4) to provide a training nucleus of militia personnel capable of immediate service in the Florida State Guard if the Florida National Guard is placed in active federal service; (5) to provide emergency backup support to civil authorities, including local police and emergency management forces, but only when such authorities and/or forces are engaged in activities that are in accordance with the U.S. Constitution and Florida Constitution; (6) to support and participate in local neighborhood watch activities; (7) to deter criminal activity by encouraging and assisting with the acquisition of effective defensive training and armament by honest citizens; (8) to provide civil defense and emergency management instruction and training; and (9) to promote emergency preparedness and provide trained emergency management support personnel capable of effectively assisting disaster relief efforts. Mr. Schardien stated the Brevard County Militia encourages participation by all honest patriotic Americans of good character regardless of race, sex, age, religion, or national origin. He read two quotes as follows: "A well regulated militia composed of the body of the people trained in arms is the best and most natural defense of a free country," James Madison, Father of the Constitution and Fourth President of the United States; and "The militia is the natural defense of a free country against foreign invasions, domestic insurrections and domestic usurpations of power by rulers," Joseph Story, U.S. Supreme Court Justice.

William Baker advised for some years now throughout America they have witnessed ever increasing outbreaks of localized anarchy; but Brevard County has been most fortunate because local cities and County law enforcement agencies have been able to stem the encroachment of most of those lawless groups. He stated they live in an era which harbors a growing disrespect for Constitutional law; that has given rise nationwide to the militia movement; and in Brevard County they wish to be on record, if ever a need should arise for assistance such as search and rescue, or neighborhood watch bolstering, or any support deemed helpful by law enforcement, the19th Regiment of men and women are physically and mentally trained to fill in those positions that would be requested. Mr. Baker stated above all they support the Constitution of the United States, as it is the foundation of the American way of life; and thanked the Board for allowing them to present their position.

Chairman Higgs thanked Mr. Schardien and Mr. Baker for their presentation.

Commissioner Ellis advised staff needs to keep track of all organizations that give assistance, because in terms of a hurricane emergency a number of people are going to have to be located; if the beaches are evacuated, they have to go to the beaches and make sure they have everybody; and every hand helps in that situation because the County does not have enough employees, sheriff deputies or policemen to go through and search the homes to get people out, and the buses cannot run fast enough.

PERSONAL APPEARANCE - WILLIAM CATAMBAY, EAST COAST ZOOLOGICAL SOCIETY PRESIDENT, RE: STATUS REPORT ON BREVARD COUNTY ZOO

East Coast Zoological Society President William Catambay introduced Executive Director Bob Bean and Board members Johnnie Swann and Harvey Marron. He thanked the Board for its continued support; and advised they opened March 26, 1994 with the Paws-on Exhibit and Latin America Loop completed; they opened the Florida Loop in November, 1994; and they received a 1863 Huntington Miniature Train from Michigan. He stated 19 businesses took the engine and three cars and using volunteer labor completely refurbished them; they have the engine at the entranceway; and the three cars will be coming in the next month. Mr. Catambay advised attendance for the first year exceeded their expectations with over 240,000 people who crossed the turnstiles into the zoo; 20,000 were school children, and there is not a day when buses do not arrive at the zoo which makes one wonder where were they taking the children before. He stated the membership is about 8,000 in the County; 20% of the 240,000 visitors were from out of state; so not only is it helping locally, but it is also helping the overall tourist activities; and they continue to have significant volunteer support from the community. Mr. Catambay advised in the next year they plan to open a few more exhibits; they do not have enough animals there, and intend to have the red wolf and eagle exhibits completed, and possibly start a panther exhibit; and in the next six months they expect to have the train operational. He stated they are working with Disney on a donation of all their tracks that are unused; they will send a volunteer group to Disney to pick up the tracks, bring them here, get them refurbished, and get the train operational; and it should be running no later than October, 1995; however, they have not reached a total agreement on getting the tracks because it is in the hands of the legal people, but they hope it will be worked out. He advised they hope to open Australia and maybe parts of Asia exhibits this year; they are also working with St. Johns River Water Management District, as part of their mitigation, to do a St. Johns walkway; and they are also working with them on the Indian River Lagoon exhibit of the ecosystem. Mr. Catambay advised they hope in the next year to have the conceptual design and will take about three years before construction, but it will probably be one of the most fabulous exhibits around; and it will demonstrate everything that exists in the Indian River as they walk through it, including species and marshes. He stated things look good; they are not here asking for anything, just giving a status report; and encouraged Commissioners who have not been out there to give him a call and he will give them a tour of the zoo.

Commissioner Ellis inquired if the zoo is in the red or the black; with Mr. Catambay responding in the black.

Chairman Higgs thanked Mr. Catambay for the report and good news, and stated the zoo has a remarkable volunteer effort, so it is appropriate for him to be here today because of volunteer week. She stated the volunteers made the zoo happen and built it hands on; and the Board appreciates what they have done, as it is a fine contribution to Brevard County.

PERSONAL APPEARANCE - CHILD CARE ASSOCIATION, RE: RESOLUTION PROCLAIMING NATIONAL VOLUNTEER WEEK

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming April 23 through 29, 1995 as National Volunteer Week in Brevard County, and commending all volunteers for their exemplary dedication and service to the community. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JIM BOOKER, DEPARTMENT OF JUVENILE JUSTICE, RE: RESOLUTION PROCLAIMING JUVENILE JUSTICE WEEK

Commissioner O'Brien read aloud a resolution proclaiming April 17 through 21, 1995 as Juvenile Justice Week in Brevard County, and encouraging all citizens to take part in stopping or preventing juvenile delinquency and join in the fight against crime.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming April 17 through 21, 1995 as Juvenile Justice Week in Brevard County. Motion carried and ordered unanimously.

Jim Booker advised Beverly Barry Nichols is the County Chairperson of the Juvenile Council; they unveiled the new "Save Our Children" tag this week in Tallahassee; he has not heard the results of the award winners of the Juvenile Justice Prevention Programs, but is fairly certain Brevard County will receive two of the $60,000 grants; and the Programs will kick off on July 1, 1995. He stated the Juvenile Justice Department was split from HRS; its main objective is public safety through prevention, intervention, and commitment programs; and they hope to work in partnership with the County's law enforcement and schools because they cannot do it alone. He stated he had the privilege of working with one of the finest groups he has ever worked with and that is the Juvenile Justice Council in Brevard County which has dedicated hard working people.

Chairman Higgs presented the Resolution to Mr. Booker and thanked him for coming.

RECOGNITION, RE: PALM BAY HIGH SCHOOL STUDENTS

Chairman Higgs recognized and welcomed Palm Bay High School students; and stated the Board appreciates their being here to observe, and perhaps they can learn something today and give the Board their input on issues that are affecting them.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN SUNTREE PUD, STAGE 5, TRACT 55 - GARY AND LINDA GENTRY

Chairman Higgs called for the public hearing to consider a resolution vacating a public utilities and drainage easement in Suntree PUD, Stage 5, Tract 55, as petitioned by Gary and Linda Gentry.

Assistant Public Works Director Ron Jones advised the petitioner requested to vacate 2-1/2 feet of a 10-foot easement; and staff has no objections.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to adopt Resolution vacating a public utilities and drainage easement in Suntree PUD, Stage 5, Tract 55 as petitioned by Gary and Linda Gentry.

Commissioner O'Brien stated he has a serious concern that it will become County policy for everyone and anyone who wants to oversize their pool or house; traditionally they come to the Board after the fact; he does not mean to punish someone who comes before the fact; but he has problems vacating even two and a half feet when everyone else built so they would not get into the easement.

Commissioner Cook stated these come up occasionally; all the agencies and property owners have been notified; and the County received no objections. He stated in this case they want to put in a pool; so he supports it.

Commissioner O'Brien stated they are vacating from the street to the pool area; they should vacate only that area required; it is a utility easement; and if they have to work from Spring Lake Drive to the house, that is 110 feet the County is giving up for no good reason and it makes no sense to him. He stated he can see vacating from the 110-foot mark for the length of the pool, but not the rest of it. Commissioner Cook inquired if the utilities were notified; with Mr. Jones responding yes, and no comments or objections were received. Commissioner O'Brien stated then the Board should vacate Lots 6, 7 and 8 because it is vacating one so it should do them all. Chairman Higgs stated they cannot do that because it has not been advertised; and inquired if the easements are not in use; with Mr. Jones responding that is correct.

Commissioner Scarborough advised the Board basically does vacatings if there are no objections; they are scheduled as public hearings; it comes on the agenda and the Board agrees to advertise it for a public hearing; and perhaps the Board needs to talk about the policy and how it goes about doing it; he would hate to think someone would take advantage of the situation; but if the County needs the easement, it could deny the vacating and have the person remove the encroachment. He inquired if a public hearing is required; with County Attorney Scott Knox responding yes, Florida Statutes require public hearings.

Commissioner O'Brien stated it is like little pieces of a jigsaw puzzle, and he would prefer having only two meetings a year just for vacating property so the Board can see the big picture. He stated all it sees is a tiny piece of each plat map that comes to the Board every week; and unless it seeks a big map on the wall or something, it will not see the little dots showing what it did last year and this year. Commissioner Scarborough stated the problem is some people have something out there and they go to close or refinance and a survey is required, and there is an encroachment on an easement and they refuse to close; and if they did it once a year, it could hurt people in refinancing or selling of their properties. He stated it does impact some people's financial well being. Commissioner Ellis stated a lot of these show up when people go to refinance or sell their homes and they get the surveys. Commissioner O'Brien suggested the Board could instruct staff that the next time it does this it should go down the line and notify all the adjacent property owners, and take care of all lots in one shot rather than one lot at a time which is nuts.

Chairman Higgs inquired if staff knows where the water drains, etc. so that system is not being impacted; with Mr. Jones responding yes, a field visit is made on every vacating petition.

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

PUBLIC HEARING, RE: ORDINANCE INCORPORATING CHARTER PROVISIONS

Chairman Higgs called for the public hearing to consider an ordinance amending Ordinances 86-11, 88-29, and 89-37, and Articles II through V, Code of Ordinances, to incorporate Charter provisions and eliminate duplicate and outdated items.

County Manager Tom Jenkins advised there are several typographical errors where administrator should be manager.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Ordinance amending Articles II through V, Code of Ordinances of Brevard County, Florida, specifically amending Sections 2-26, 2-27, 2-28, 2-51, 2-52, 2-66, 2-67, 2-68, 2-69, 2-70, 2-71, 2-72, 2-73, 2-74, 2-75, 2-76, 2-106, 2-107, 2-131, 2-133, and 2-134 to provide for incorporating the provisions of the Brevard County Charter, eliminating unnecessary Sections, and identifying departments and offices, as amended to correct typographical errors. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: ANNUAL FINANCIAL AUDITS AND COMPREHENSIVE ANNUAL REPORTS FOR FY ENDING SEPTEMBER 30, 1994

Clerk of the Circuit and County Courts Sandy Crawford advised the Comprehensive Annual Financial Reports, CAFR, and the Annual Financial Audits are documents prepared by the County Finance Department which reports to the Clerk of the Circuit Court; and the enclosed data is accurate in all material respects, and is presented in a manner designed to fairly set forth the financial position and results of operations of the various funds and account groups of the County. He stated all disclosures necessary to enable the reader to gain an understanding of the County's financial activities have been included. Mr. Crawford advised his office is pleased to present the document to the Board and proud to say that for 13 consecutive years County Finance has received a Certificate of Excellence in Financial Reporting from the Government Financial Officers Association for the Comprehensive Annual Financial Reports. He stated Finance Director Steve Burdett will address the reports in greater detail.

Finance Director Stephen Burdett advised a major change in the report is that it includes component units of the County; and that section on financial information of individual units, such as the Max Brewer Law Library, Titusville-Cocoa Airport Authority, and the Merritt Island Redevelopment Agency, are also audited as part of the County as a whole. He stated the fiscal operations of the County for 1994, show the Board's General Fund, which funds services such as Public Safety, Welfare, and Conservation Management, spent almost a million dollars more than it received in revenues; the reason this occurred is basically the Board budgeted for it to happen; during the last six years the Board has followed good fiscal policies by balancing its resources and disbursements and built up some reserves to handle unforeseen events such as a hurricane; and encouraged the Board to continue following that policy and budget for and spend the resources it receives.

Commissioner Ellis inquired how is the fee side separated from the budget side in the Clerk's Budget; with Chief Deputy Clerk Jim Giles responding they separate what is funded by the Board as to what the law provides which is the Finance function, the Minutes and Records for Clerk to the Board, Internal Audit, and County Court by identifying the individuals that perform those duties; to that they add the expense they have in doing the bookkeeping, data processing, and general management for those people; and that is presented on May 1st of each year. He stated in those areas they are subsidized by the Board, and for the rest of the operations, funds are not requested from the Board and the fees of the office support those functions. Commissioner Ellis inquired if the breakdown will be in the May budget and not in this book; with Mr. Giles responding it will be in the May budget which differentiates that. Mr. Crawford advised all the fees from the County Court operations go straight into the County fund also.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge receipt of the Annual Financial Audits and Comprehensive Annual Report for fiscal year ending September 30, 1994. Motion carried and ordered unanimously.

Chairman Higgs congratulated the Clerk on the recognition for the two Reports.

ACKNOWLEDGE RESOLUTION FROM CANAVERAL PORT AUTHORITY AND AUTHORIZE LETTER OF SUPPORT, RE: BEACH RESTORATION AND FLOOD CONTROL PROJECTS

Commissioner O'Brien recommended reconsideration of Item III.E.3.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to reconsider acknowledgement of Resolution from Canaveral Port Authority and authorize letter of support regarding beach restoration and flood control projects. Motion carried and ordered unanimously.

Chairman Higgs advised the item will be added to the New Business section of the Agenda.

PUBLIC HEARING, RE: 1995A COMPREHENSIVE PLAN AMENDMENT TRANSMITTAL PACKAGE

Chairman Higgs called for the public hearing on the 1995A Comprehensive Plan Amendment Transmittal Package which was continued from April 11, 1995.

Growth Management Director Susan Hann advised she has a recommended motion for the Board when it is ready.

Chairman Higgs inquired what would that motion be; with Ms. Hann responding the recommended motion is to transmit the Comprehensive Plan Amendment 1995A as discussed and based upon thorough review of supporting data and analysis, careful consideration of the recommendations of staff, citizen resource groups, Local Planning Agency and written and oral public comments received; specifically Comprehensive Plan Amendment 1995A as transmitted including Future Land Use Map amendments, amendments to the Future Land Use, Sanitary Sewer, Capital Improvements and Programs, and Traffic Circulation Elements, provisions which require amendment to maintain internal consistency with these amendments, and amendments as a result of the annual monitoring and evaluation report.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the motion as read by Susan Hann.

Chairman Higgs advised the Board previously passed all the items with the exception of the CIE and associated amendments to that.

Commissioner Ellis stated he wants all Commissioners to look in the annual monitoring and evaluation report, pages 28 and 29, library projects; it helps to put it more in perspective; they can look at each project individually and the cost; for example, Meadowlane Library is 1.6 million dollars, Eau Gallie Library at 1.4 million dollars, but the Eau Gallie Library is 5,000 square feet larger. He stated the Board can get a cost estimate of where the additions are; and it is a good document that provides an overall picture rather than a piecemeal picture the Board normally sees on a meeting by meeting basis.

Commissioner Scarborough inquired if the Board is discussing libraries at the next meeting; with Commissioner Ellis responding no, not until May. Assistant County Manager for Community Services Joan Madden advised it is scheduled for May 9, 1995.

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

PUBLIC HEARING, RE: RESOLUTION VACATING PLAT IN COCOA INDIAN RIVER PROPERTIES - RICHARD E. BEYER, JR.

Chairman Higgs called for the public hearing to consider a resolution vacating plat in Cocoa Indian River Properties as petitioned by Richard E. Beyer, Jr.

Assistant Public Works Director Ron Jones recommended continuing the public hearing until May 2, 1995, as the applicant was to provide for the signature of the joinder to the vacation; and the applicant has not done so at this time.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to continue the public hearing to consider a resolution vacating plat in Cocoa Indian River Properties as petitioned by Richard E. Beyer, Jr. until May 2, 1995. Motion carried and ordered unanimously.

DISCUSSION, RE: VIDEO TAPING OF COMMISSION MEETINGS

Commissioner Cook advised he brought up video taping the meetings and perhaps having them available at the libraries; he does not know whether staff could get quotes on what it would cost or if there is equipment that they can look into with regard to doing that; and Commissioner Scarborough and others are looking at working something out with BCC to televise the meeting. He stated televising and video taping could be a real asset to the community because a lot of people cannot make it to the meeting, are shut in, or otherwise cannot travel; and it would be good if they had an opportunity to review that. He stated taping is good because they could go right to a particular item they were interested in and review the action the Board had taken or what the reasoning was; so he would like the Board to look into it further and get some prices and quotes on used and new equipment. He noted sometimes the equipment can be picked up when people change out their facilities.

Commissioner O'Brien stated he usually does not disagree so readily, but if the Board is going to televise the meetings, they should be televised live; and he does not like the extra expense to make tapes for all libraries, have a library of Commission meetings someplace, and the cost of the tapes and having to put them in file boxes, etc. He stated the Clerk's office maintains an audio tape as well as written record; he knows what Commissioner Cook wants to do with the visual record, but the first point is most important, tie the County together with communication so they see what the Commissioners are like and the people in Mims and Valkaria see the same thing and become involved in the process; but as for making tapes and putting them in libraries, it is a waste of taxpayers' money.

Commissioner Scarborough stated there may be equipment for live or partially live broadcasts; there are problems and decisions the Board has to make on the type of equipment to use; the report indicates a fixed camera; the Titusville City Council has upgraded tremendously; they fade in and out, documents are flashed up there, they split the screen, etc.; and it is all run by high school students at Astronaut. He stated it is a beautiful production at no charge; and tapes could be in some libraries and not all libraries, but have them available because years later they may want to go back and watch that meeting because something important happened. He stated he is impressed where Titusville has come with a minimum amount of professional help.

Commissioner Cook inquired if the efforts with BCC could be expedited. He stated one reason he brought this up is because the Clerk is no longer doing verbatim transcripts of the meetings; that is something that is important; there are elderly people who cannot make it to the meetings; they are not being televised yet and he hopes they will be; but if they are televised live, that will happen during the day; and he would rather they watch the meetings at their leisure and fast forward to what item they are interested in and find out what the Board did and what its reasoning was. He stated that is important from a public service standpoint and from the Board's responsibility to the public.

Commissioner Scarborough stated the Board could decide whether it wants three copies for each area or four to make it available to people; the Clerk has tapes of the meetings, but it would be nice to have videos available through Stockton Whitten; and the Commissioners could get copies for people who want to see it; so he supports it.

County Manager Tom Jenkins advised he had a follow up meeting yesterday; he and Commissioner Scarborough had several in the past; and yesterday the BCC technicians came here to look at the facilities. He stated in terms of live broadcasting, they talked to Time Warner, and in the next several years Time Warner is going to be expanding its current number of channels; and the County would be able to have a government access channel it could run them on. He stated he and Commissioner O'Brien had discussions about talking to Time Warner; with Commissioner O'Brien responding he called them. Mr. Jenkins advised BCC offered to do a demo tape of a meeting and show the Board what it could be like; they believe the Board may want to consider a level of quality just one step above what the City of Titusville is currently doing; and they want to show the Board what they can do. He stated the current proposal from the BCC television station would be to run it uninterrupted at 10:00 p.m.; if a person had a VCR, he could tape it; and that is probably the best live coverage or continuous coverage the Board will get for the time being unless it can get Time Warner to change its current position on availability of channels. Mr. Jenkins advised if the Board is going to initially start off with taping, it may want to buy the equipment that has the capacity to go to live transmission if and when a channel becomes available. He stated the estimate on the cost of the equipment would be about $50,000; Commissioner Cook asked about used equipment; and that is a possibility worth exploring. He stated in terms of staffing, they offered to provide students; or train County personnel; but they recommend, for a level of quality in terms of information that is provided with the taping, that part-time professional people be used; and they would be willing to do it on a cost reimbursement basis using students and any part-time expenses they would incur. He stated they believe they would get a higher quality of production if they used part-time professionals. Mr. Jenkins advised they estimated the cost to be, if they were to use students and part-time people, approximately $30,000 a year; and that was just a rough estimate.

Chairman Higgs inquired if it would be $30,000 plus $50,000; with Mr. Jenkins responding the $50,000 is a one-time expenditure for equipment that the County would own; and if the Board wants BCC to provide the part-time people, etc. they are estimating the cost at $30,000 a year; or they are willing to train County people and let them do it. He stated a gentleman with BCC Television Station has done this in other parts of the country and initiated televising local government meetings in other areas; and having a third party do it provides total objectivity where the government is not directly involved in the handling of it even though they are not talking about any editing, and just strictly running it as it occurs. He stated at this time the Board could proceed with BCC bringing their equipment in one time and doing a demonstration, taping it, and showing the Board what it looks like; then the Board can decide how it wants to approach it, whether it wants to buy equipment, and how it wants to staff it, etc.

Commissioner Cook stated that sounds fine to him; and with regard to equipment, staff can look at used equipment and also donations from television stations when they upgrade their equipment.

Commissioner Scarborough stated he will get some tapes of Titusville City Council meetings; he is impressed with the quality; the Board will be criticized if a County employee is running the camera; but if a BCC student is doing it, they cannot say that and it could be done at zero cost.

Commissioner O'Brien stated a lot of the high schools have systems in place; and the Board may want to bring in Merritt Island one meeting and Satellite Beach the next meeting; and that will give the teachers an opportunity to bring students in for a full day and apply all their skills. He stated they want to do that; at Merritt Island High they even tape the morning announcements on Channel 1 for all the students in the school , and every classroom has a television; they interviewed him once; the quality is fantastic; and the Board may want to consider a high school program.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to encourage the County Manager to proceed with the programming and keep in mind the thought that they can have a residual product for use in libraries as a tapes archives, and include in his discussion the concept of creating a by-product of a film library and live broadcasting.

Chairman Higgs stated perhaps there are a lot of people who want to watch it, but she does not see the demand. Commissioner Scarborough stated sometimes in Titusville the most watched show in all of the city is the Titusville City Council meetings; the Board is even further removed from the people; and people would love to be able to see the meetings and not have it filtered by the press. Commissioner Cook stated that is the key. Chairman Higgs stated she has not had one person ask her for a tape of this action and she has not seen the demand.

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

The meeting recessed at 10:21 a.m. and reconvened at 10:36 a.m.

DISCUSSION, RE: SPEED HUMP ON SOUTH BANANA RIVER DRIVE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to table request for speed hump on South Banana River Drive until May 2, 1995. Motion carried and ordered unanimously.

DISCUSSION AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE RELATING TO SECURITY TRAILERS

Commissioner Scarborough advised the Board needs to recognize there are certain occasions where security trailers are probably acceptable, otherwise there could be problems with some of the parks and the School Board could have problems with its properties; the Board needs to encompass that; when it does, it will raise the question in what areas it should not be allowed because it would deteriorate the value of adjoining properties; and that would take a whole criteria of setbacks, the types of properties, etc.

Commissioner Ellis stated he supports it; the schools are in neighborhoods and have security trailers, parks have the same thing; and he does not see what the problem is with security trailers. Commissioner Scarborough stated in most school sites the trailers are substantially set back from the road and sometimes hidden from view and nicely landscaped; but if there is a nice piece of commercial property and the person next door dumped a security trailer visibly in front of it, it may deteriorate commercial property values. Commissioner Ellis stated there is provisions for screening. Commissioner Scarborough stated if it is to be permanent, it needs to be scrutinized to a greater extent.

Commissioner O'Brien stated the trailers are not necessarily only on school properties and parks; there was one at a church on Merritt Island; the biggest concern was the trailers were allowed to sit there and deteriorate to the point where there was junk all over the place; and he has concerns about that.

Commissioner Cook inquired if it applies to school properties; with Commissioner Scarborough responding the County does not have control over school properties; but if the Board allows trailers in commercial areas on a permanent basis, it could be a problem.

Chairman Higgs inquired if the Board wants more information; with Commissioner Scarborough responding staff should come back with recommendations on how to create an ordinance to allow for permanent security trailers with more aesthetically pleasing, sufficient setbacks, and limited in certain uses. Assistant Growth Management Director Peggy Busacca advised staff could give the Board alternatives to consider for permanent security trailers.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to provide additional information regarding permanent security trailers, including screening requirements, setbacks, and limited in certain uses. Motion carried and ordered unanimously.

AGREEMENT WITH VIKTOR RUDNIZKI, RE: CONSTRUCTION OF TREASURE LANE AS UNPAVED ROAD

Viktor Rudnizki advised he is the applicant for Treasure Lane; he should have the same right to get his road that he paid for; he has a nice neighbor who always complains; it was dry land, then it was wetland, then endangered species, and he has to prove and prove and prove; 500 yards from where he wants to put in a road is a road built by Mr. Tietig who spent about $2,000 for the whole product; and he spent $8,000 and got nothing. He stated Mr. Scott always said it was only wetland out there; however, he got his building permit in two days and filled about 40 loads of dirt on his property; Mr. Scott's property is two and a half feet lower than his property; and he got the DER people out there to say they have no wetlands at all; and inquired where is his wetland which is three feet higher. Mr. Rudnizki stated he has neighbors who do not like him, and he does not know why; Mr. Reese is one of the neighbors who is happy because he has his house; but he cannot build there because Mr. Reese does not want neighbors. He stated they are not alone in America; everyone has to live together; he had to change his map 14 times; 2/3rds of his property will be a big lake; and he hopes today it will be the last change and everybody will be happy.

Lisa Lombardi, Engineer of Record for Treasure Lane, advised in January they brought this project before the Board, and there were concerns about off-site runoff and conversation about coordinating with the Water Management District regarding a stormwater master study in that area; since the last meeting they have worked with the District to come up with a new design for the site; the site includes 1,300 linear feet of a 50-foot right-of-way on which they are proposing to construct an unpaved road; Mr. Rudnizki owns approximately ten acres on the east and west side of the road; that could be four lots on each side of the road; the design they came up with is a wet detention system in which Mr. Rudnizki will lose 2 acres of his property, which is about 20% of his buildable property, for stormwater retention; and that design was approved by the St. Johns River Water Management District governing board last Wednesday, April 12; so they have approval of the stormwater permit from the District; and Carol Senne and Carla Palmer with the District indicated they will continue to work with Brevard County to come up with some type of stormwater master study to look at the overall area.

Robert Reese, 3635 Grant Road, Grant, advised it is his property that the road is going to enter the wetlands through; obviously he has a vested interest; but he feels like a voice crying in the wilderness. He stated when Mr. Rudnizki submitted his plan it was woefully deficient; and the St. Johns engineers took it upon themselves as an engineering challenge to come up with the ninth engineering wonder of the world and show that this project would drain properly; however it has not addressed the fact that all the County engineers have stated the Grant Road drainage ditch cannot handle any more water; it does not address the fact that Trout Creek is being impacted adversely by the water coming off the surrounding areas; and it does not address the fact that all the silt is now accumulating in the Indian River Lagoon and making an island where the water enters. He stated those concerns are seemingly overlooked; the fact that the District people have given their stamp of approval is not valid because they did not have any choice in the matter once their engineers began work and expended public money to do Mr. Rudnizki's engineering for him; and they could not do anything but give their approval. He requested the Board not look at it in isolation but look at the total impact of the wetlands and development; it is not a master drainage study; the initial program was for a master drainage plan; and there is no master drainage plan. he stated the County is going ahead without using any real vision; that is what the County Engineer said when he told the Board Grant Road was put in without any concern for future development; there was no vision or foresight exercised then; and he is requesting the Board exercise vision and foresight now with regard to damage that is going to be done to the environment and Indian River Lagoon.

Commissioner O'Brien advised he noticed there were two requests for unpaved road agreements in the same area; and inquired if that is true. He stated on the map he thought there was one to the north and west. Chairman Higgs stated there were two on the consent agenda that were extensions of 60 days for construction.

County Development Engineer Mahmoud Najda advised there were two projects, Judy Road and Illinois Avenue which were already approved and were requesting extension of time to finish construction.

Commissioner O'Brien inquired if there are any significant problems with this request; with Mr. Najda responding no.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Unpaved Road Agreement with Viktor Rudnizki for Treasure Lane.

Chairman Higgs inquired if staff reviewed this and does it meet all County standards for a road; with Mr. Najda responding this project is unique in nature; it exceeds the requirements set forth by the Unpaved Road Ordinance because it is providing a wet stormwater retention which other unpaved roads are not required to do; and it was designed as if it was a subdivision. Chairman Higgs inquired, based on the revised Plan approved by St. Johns District, will the project provide adverse impact to adjoining properties; with Mr. Najda responding no, it will not, but at the same time this area has experienced extensive flooding in the past, and this project will not eliminate the flooding in the area, but it will reduce the flooding. Chairman Higgs inquired what is the function of Grant Road ditch; and is it to drain the entire basin or a roadway; with Mr. Najda responding it is a conveyance system for a certain basin area which does not only include Grant Road but surrounding lands that by nature slope toward that ditch. Chairman Higgs inquired if Grant Road system has capacity to handle what is proposed in this development; with Mr. Najda responding at this time it can because of the previous maintenance that was conducted by the County; so it will handle the additional water coming from this project. Chairman Higgs inquired if the indication is such from the Department of Environmental Protection that the County will be able to maintain what is happening at Trout Creek; with Assistant Public Works Director Ron Jones responding staff completed the initial survey and is in the process of preparing a site plan for submittal to the Department of Environmental Protection; he cannot give an absolute guarantee; however, the preliminary indications by Department of Environmental Protection are that they will allow the County to continue to maintain the cross section as it currently exists. Chairman Higgs inquired what will working with St. Johns on a master plan or basin study give the County; with Mr. Jones responding upon completion of that plan the County will have sufficient modeling on the main body of the Grant Road ditch system to make determinations as to which point and time inadequate capacity will exist for additional development without some type of additional requirements such as those which the Water Management District put forth on this particular project.

Commissioner Higgs inquired if staff believes by approving this today the County would limit its ability to work with that plan and come up with a plan that would be suitable for the entire area; with Mr. Jones responding no. Chairman Higgs stated she will support the motion based on the information she received and the plan that has been submitted.

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

REVISED STAFF REPORT, RE: COMPREHENSIVE PLAN POLICIES FOR WETLANDS

Dick Thompson, 630 Heron Drive, Merritt Island, advised he is an engineer, concerned citizen and member and representative of Citizens for Constitutional Property Rights; he practiced engineering in Brevard County for almost 38 years; and he is an environmental engineer concerned about the definition of wetlands and how they are implemented. He stated the Board needs to take a look at what has been going on and what is going on today; DCA rules make wetlands a consideration in determining what land uses people can make of their properties; and that is the wrong place to consider wetlands. He stated when a person comes forward with a plan to the County that is well worked out, that is when the consideration of wetlands should be taken up rather than as a growth control mechanism that is established by the DCA at the state level. Mr. Thompson advised he wants the Board to consider if there are too many agencies trying to control wetlands; there are a lot of questionable imposed restrictions on the use of wetlands; and the definition of wetlands is out of control to a large degree. He stated to get a permit in Brevard County they have to go through three agencies for practically identical permits--County Natural Resources, St. Johns River Water Management District and Corps of Engineers; and Fish and Wildlife gets concerned with elements of wetlands which is purely overkill and restricting taxpayers from using their lands which they have paid taxes on for a long time. He stated it is time to take a hard look at this and revise our thinking.

Micah Savell advised he reviewed the proposal on wetlands policy; they have outlined two options, to continue with the program and address whether or not there would be a fiscal impact; and inquired if Natural Resources is revisited, how much money would be saved. He stated they have to go through St. Johns River Water Management District, Corps of Engineers, and Department of Environmental Protection; there is one watchdog watching another; and it causes a tremendous amount of time and cost to work through it. Mr. Savell stated basically St. Johns District criteria supersedes the County's rules and regulations; and suggested the Board do away with its Natural Resources Management Division and allow them to work with St. Johns and Department of Environmental Protection or whatever state agency has control. He stated he is a developer, landowner, and Vice President of the Citizens for Constitutional Property Rights; they are tired of all the rules and regulations and added expense; and they need some relief, and would appreciate the Board's help.

Norma Savell stated people are fed up with strangling regulations; government is wasting hard-earned taxes; taxes are too high; and government is too big to be efficient, and needs to cut back.

She stated government seems to be about taxes, impact fees, permits for what should be none of government's business, regulations, scrub jays, turtles, and too much control over people's lives; and a good question asked by a local attorney is why would anyone want to come to Brevard County to do anything. Ms. Savell advised a report said income is not as high as it was 20 years ago; people are working harder today to make ends meet; the President said his Administration produced several hundred thousand new jobs; however, those jobs for the most part are low in pay and many people are working two of those jobs which still do not provide the income one job did in the past. She stated regulations that consume so much time, energy, and money are to blame for much of the problem; large and small companies have fallen, and the rest struggle with low productivity, higher costs, and deflated hopes; and requested the Board do away with the Natural Resources Management Division. She stated that would be the best decision the Board could make; it would relieve the County of legal concerns; and since their work is redundant, it will cut fat from the budget which would please the taxpayers. She stated it would be one less agency for businesses to deal with making life more bearable for them; and it would be a step in the right direction which the voters will applaud.

Deanna Reiter, advised she attends the Citizens for Constitutional Property Rights group to get more information; government is too large and into too many areas of their lives; many elected officials have promised to downsize government; and it is time to keep those promises. She requested the Board remove the wetlands from the Land Use requirements, as state mandate under land use is wrong and results in over-regulating, and it can start by eliminating the Natural Resources Division.

Harry Fuller, 424 Dorsett Drive, Cocoa Beach, representing Space Coast Builders Association, advised they have dual permitting and multiple permitting in the wetlands area with the federal, state and local governments; there is nothing that kills business faster than a multitude of government agencies all doing the same function to preserve the same environment; and that kills business, not only in time but in money and permits. He requested the Board get them out of the multiple permitting business and give them one agency, whether it is the County, state or federal government. Mr. Fuller stated the Department of Environmental Protection has an inspection agency; the Water Management District has inspection agencies; and even the Game and Fish Commission has a group that inspects for the environmental pollution. He stated they are all doing the same thing; every time another government agency can get control of permitting or inspections of the environment, that is what they want to do and it does not matter if someone else is doing it, because their agency is growing; and that is what they come up with in the area of wetlands. He requested the Board eliminate some of the multiplicity in government and get them down to one agency if there has to be control, and it does not matter who it is.

Ray Smyth advised the wetlands definition is money; Arizona and New Mexico do not have wetlands; Georgia does not have water retention areas and all the rules and regulations Florida has; and Florida should be given to the environmentalists and all the people who like property rights should move to Georgia. He stated the only permit required to build a motel in Tennessee is a septic tank permit; the reason they have that one is because it involves health considerations; Brevard County is too sophisticated; and urged the Board to do away with government and start with the Natural Resources Division. Mr. Smyth advised Brevard County takes up two full pages and part of a third page in the phone book; that much bureaucracy is not necessary; and his concern for his country is that elected officials are no longer in charge and the bureaucrats are running everything. He stated anyone who has anything good to say about the St. Johns Water Management District has not dealt with them; the Governor said all he does is appoint the District Board; elected officials say they have no control because the Governor appoints the Board; and the only solution is to dissolve it. He stated the Board can start dissolving departments in Brevard County and no one will know it; and requested the Board start some place; and take the country back from the bureaucrats and give it to the elected officials.

Commissioner Cook advised 48 counties defer to state and federal standards regarding wetlands; and inquired if that is correct; with Natural Resources Management Director Lisa Barr responding just for the permitting side, but there is a land use side. She stated 48 counties do not duplicate the permitting responsibilities of the state or federal government and Brevard County does not duplicate the permitting either. Commissioner Cook inquired what does the County do in addition to what St. Johns District does; with Ms. Barr responding the County makes sure the development is consistent with the land use restrictions and the no net loss policy; if St. Johns District or Department of Environmental Protection claims jurisdiction over the wetland for permitting, the County yields jurisdiction to the State as long as it meets the County's Land Use Policy of no more than one unit per five acres for residential development and commercial/industrial prohibitions. She stated as part of the site plan review, they review the permit to make sure there is no net loss, but they do not issue another permit; they have the St. Johns District conceptual permit or actual permit when they come in; and staff verifies they have met the land use criteria and the no net loss criteria. Commissioner Cook inquired if staff goes out to check the wetlands and see how much is there; with Ms. Barr responding they try and coordinate that with the Sstate as well; if the State goes out and does the jurisdictional line, staff does not do a jurisdictional determination on the site; and if staff does the jurisdictional determination, the State accepts the same jurisdictional line. She stated they use the same definition as the State does for wetlands. Commissioner Cook inquired if the County determines what are wetlands and inspects the site; with Ms. Barr responding yes, but not always. Commissioner Cook stated his concern is the duplication; the St. Johns District is about as thorough as it can get; he is not sure why the County is participating in any sort of review regarding wetlands; and inquired how much more thorough is staff going to get than the St. Johns River Water Management District.

Chairman Higgs inquired if Commissioner Cook is talking about permitting or the Comprehensive Plan issues; with Commissioner Cook responding the whole process. Ms. Barr advised the difference between what the County and St. Johns District does is the land use issues, defining what Brevard County believes is appropriate land uses for wetlands; the St. Johns District does not do anything on land use issues when it does its review, and just determines what the total wetland impact is and the most appropriate way to mitigate that; and the County defines what its land uses are. Commissioner Cook stated his concern is the Board can tinker with the Policy, change a few words, and not accomplish anything as far as reducing regulation.

Commissioner Ellis stated if 4.2.f.1 and 2 are deleted, those are the Comprehensive Plan issues that deal with land uses; and those two paragraphs are where the authority comes from over land uses. He stated the Plan addresses floodplain issues elsewhere; and he does not want to confuse wetlands with floodplains because they are different. He stated if a person has a 20-acre parcel with a 1/4-acre wetland in the center, he has to work around it and cannot go through site permitting process with St. Johns District because the County is not going to let him use that for commercial use; and if a person has GU property, he cannot get commercial zoning if he has wetlands present according to the letter of the Comprehensive Plan. Commissioner Ellis advised according to the letter of the Comprehensive Plan 5.2.f.2, "Commercial/industrial land uses shall be prohibited"; somewhere along the line some Commission may administratively review every piece of commercial and industrial property in Brevard County, determine if it has a wetland, undo the commercial/industrial land use, and put it back into a residential category because that is the letter of the Comprehensive Plan; and right now that is not done, but that does not preclude it from being done in the future.

Commissioner Cook inquired why the Board cannot defer all wetland policies to federal, state and regional jurisdictions and not be involved; with Commissioner Ellis responding the only thing the County is involved in is the land use issues; so if those two paragraphs are deleted, that removes the land use issues. Commissioner Cook inquired why the County cannot have a policy that it refers all of it to federal, state and regional agencies; with Chairman Higgs responding the Board can consider the County taking responsibility and negotiating with St. Johns District to apply those policies for the District if what the Board is trying to do is avoid duplication; and that would do it and maintain local control. She stated the County could negotiate with St. Johns District to become the responsible agency and delegated the responsibility of enforcing those items.

Commissioner Ellis advised paragraphs f.1 and f.2 are not dictated by the St. Johns District or Department of Environmental Protection; and those are strictly promulgated by Brevard County. Chairman Higgs stated she understands that, but what Commissioner Cook is saying is defer all issues to the state and federal governments, and she is saying if local government is what the Board wants and if local government has the greatest control, then the Board should negotiate to become the agency responsible. She stated she made that motion several weeks ago. Commissioner Ellis inquired if St. Johns District would pass that authority to the County and not overrule the County; with Chairman Higgs responding the Board could negotiate with St. Johns District to do that; the County would be delegated certain responsibilities and laws; and if the issue is duplication, then the Board has the opportunity to solve that part of the problem. Commissioner Ellis stated the District will still have veto powers over what the County does. Chairman Higgs stated they would negotiate a contract to do certain things; and there are other water management districts in other parts of the State that delegate responsibility with certain criteria to counties. Commissioner Ellis stated that would be a separate issue from dealing with the land use issue; with Chairman Higgs stating it would be, but that was not the issue Commissioner Cook was talking about; he was talking about delegating all of those to state and federal governments; and she is saying the County should take control here.

Commissioner Cook stated his concern would be that the County would be encumbered to do so much; the St. Johns District would be happy to let the County do its job; but he would think it would maintain the ability to oversee whatever the County does. Chairman Higgs stated the County would have certain standards it has to live to, but if the Board wants to avoid duplication as Mr. Fuller said, it has the opportunity to enter into negotiations with St. Johns District to do that. Commissioner Cook stated instead of the County taking on the burden of doing that, it would be simpler to defer all wetlands policy to federal, state and regional authority and get out of it because the County does not need to be in it. Chairman Higgs stated then the Board would be giving away potential control that local government could have; local government is closest to the people; and that seems to be what people want; and the Board would be ignoring that possibility. Commissioner Cook stated he cannot see negotiating with the St. Johns District; the County would have to have additional staff and additional budget; and the St. Johns District budget would not decrease because the County took its responsibility. Chairman Higgs stated part of the negotiations could be that revenues would be passed on to the County. Commissioner Cook stated what he foresees is the County doing the District's job and it sitting back controlling the strings; the County would still have to meet all their standards and criteria; so instead of the County's budget ballooning to take care of that, the County could get out to it and just let the St. Johns District do what it does. Chairman Higgs inquired why would the Board not want to get local control when it has an opportunity; with Commissioner Cook responding it would not be local control because the St. Johns District would be controlling it and the County would be supplying the manpower.

Chairman Higgs stated the Board has the opportunity and does not want to take it; with Commissioner Ellis responding he would be glad to take it, but the Board should address assuming the roll of St. Johns District at another meeting. Chairman Higgs advised the Board would have to negotiate with St. Johns District to determine under what conditions and how it might work; with Commissioner Ellis responding he is not closing the door to that issue, but for now the issue is the County is driving land use based on wetlands and St. Johns District does not do that; the last clause in Policy 5.1 states, "Brevard County shall not be limited by threshold or connection requirement utilized by these agencies"; so since there are no threshold requirements, the County is not limited. He repeated a 20-acre parcel with 1/4-acre wetland in the center cannot have commercial use on that 1/4 acre and if they cannot draw a site plan around that, they would have to pack it up. Chairman Higgs inquired if only a small percentage of a commercial parcel is wetlands, does the County exclude that as a potential commercial site; with Ms. Barr responding no, not under its current policy; the wetland is excluded from having commercial activities; and if it is in the center of the property, the applicant would have to design the site plan around the wetland to not permit commercial activity in the wetland itself, but the rest of the site, all the upland portions, are permitted to have commercial and industrial activity. Chairman Higgs stated off Dairy Road with the golf course driving range, staff recommended the Board waive the policy and allow the commercial use; and the Board passed it. Ms. Barr advised in order to get commercial use, they have to comply with the Comprehensive Plan policy which says commercial/industrial land uses are prohibited unless they meet certain criteria. Chairman Higgs inquired what criteria; with Ms. Barr responding they must have a special reason or need to locate within the wetland, there is an overriding public interest, the activity has no feasible alternative location, and the activity will result in minimum feasible alteration and will not impair the functionality of the wetland. Chairman Higgs inquired what percentage of a parcel has to be wetland in order for staff to recommend it not be commercial land use; with Ms. Barr responding there is no written policy on that; normally the Zoning staff notifies the applicant what percentage of the property is wetlands; and they have to address that during the site plan/subdivision review. She stated once staff recommended not changing the zoning to commercial/industrial because over 90% of the property was wetlands and they did not feel there was an opportunity to design around the wetlands. Chairman Higgs inquired if that is the only property Ms. Barr can recall being removed from consideration as a commercial site because of the presence of wetlands; with Ms. Barr responding that is the only one she can recall since she has been with the County.

Commissioner Ellis stated that is Ms. Barr's policy as she has implemented it and not as it is written in the Comprehensive Plan, because to the letter of the Comprehensive Plan, theoretically she could deny a commercial land use if it had 1% wetlands. Ms. Barr stated it would be a violation of the policy as it is written in the Comprehensive Plan, if even the smallest portion of the property is wetland and is given a commercial/industrial use; they would have to out parcel it or put a binding site plan on it; and perhaps the simplest resolution to that problem is to change the wording from "commercial/industrial land uses" to "commercial/industrial development activities" shall be prohibited in wetlands. She stated in that case the parcel could have any land use associated with it, but the activity could not occur in the wetlands; and that would be consistent with how they are implementing it now. Commissioner Ellis advised paragraph 4.2.f.2 has an "and" clause not an "or" clause which means they have to meet all of the criteria and not just one; with Ms. Barr responding that is correct. Commissioner Ellis stated that is the core of the problem as well as Policy 5.1 in conjunction with 5.2.f.1 and f.2; and just because the policy has not been to implement it as it is written does not mean the future policy may not be to implement it as it is written. He repeated his theory of being denied land use because of a small percentage of wetland on a parcel.

Commissioner Cook stated the Board can repeal the whole thing; it has a real opportunity, because right now in wetlands policy, there are the County, state, federal, and regional agencies; and it can eliminate one whole layer of government today which is the County. Commissioner Ellis stated that is fine with him.

Commissioner O'Brien advised the last time the Board talked about this there was a general admission that the wetland mitigation policies over the past ten to fifteen years have not worked or have not been successful; millions of dollars have been spent to mitigate the wetlands around Brevard County and they have failed; and developers had to repair them and spend more money, but it still did not work. He stated wetland banking is one way of doing it, but he concurs with Commissioner Cook that there are all those layers of government; however, there should not be commercial development in some of those areas. Commissioner O'Brien read, "Commercial/industrial developments sometimes require extensive parking areas, loading and off-loading structures and in some instances increased building needs (square footage). These circumstances would necessitate destroying more wetland habitat then would be required for a residential development at one unit per five acres." He stated that is a broad statement; it would depend on how much wetland is there to begin with; and construction policies could be added that say if there is going to be a large parking lot in the area where the soils are permeable, they could put French drains under the parking lot and put water back into the soil; so there are other ways of accomplishing the task if they are just talking about impervious surfaces.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to defer all wetland policies and issues to the federal, state and regional regulatory authorities.

Commissioner Ellis stated it needs to be put into language to make the Comprehensive Plan amendments; with Commissioner Cook responding it is to repeal this and defer everything. Commissioner Ellis inquired if the motion is to repeal Objective 5 in total; with Commissioner Cook responding yes.

County Attorney Scott Knox advised there are several things the Board needs to effectuate the motion; and perhaps it should instruct staff to evaluate what would be necessary to accomplish that particular goal. Commissioner Cook stated he wants to go ahead and take a vote; with Mr. Knox responding he understands Commissioner Cook wants to do that, but there are five or six steps the Board has to take to do what he wants to do. Commissioner Cook stated the Board can take a vote then staff can implement it or find out what they have to do.

Chairman Higgs advised the motion is to defer all wetlands issues to the state or federal government. Commissioner Cook stated or regional regulatory agencies.

Commissioner Scarborough inquired if it would be part of the 1995B Comprehensive Plan amendment; with Mr. Knox responding the Board would probably need to amend the Comprehensive Plan, repeal the Ordinance, and do a lot of other things. Commissioner Scarborough inquired if the nature of the motion is for staff to analyze and come back with appropriate actions; with Commissioner Cook responding whatever it takes to implement it. Chairman Higgs inquired if the motion is to defer all wetlands issues and direct staff to bring back to the Board the appropriate documents to implement that direction; with Commissioner Cook responding the instruments to implement it. Ms. Barr indicated the motion should be to direct staff to amend the Comprehensive Plan to repeal Section 5 of the Conservation Element. Chairman Higgs stated that is not what they are asking; with Commissioner Cook responding he will include that in the motion. Chairman Higgs stated it would only be part of it, but the motion is talking about Comp Plan and other Ordinances; with Commissioner Cook responding what Ms. Barr said is part of the motion. Chairman Higgs inquired if the motion is to bring back the Comprehensive Plan recommendations as well as Ordinances; with Commissioner Cook responding to repeal that section. Chairman Higgs inquired if it is to bring that back to repeal that section; with Ms. Barr responding normally how the process works is the Board would amend the Comprehensive Plan, and as part of the recommendation to amend the Plan, staff would bring back the changes and request permission to advertise; it would go through the Building Construction Advisory Committee, Citizens Resource Group and Local Planning Agency; then it would be transmitted to Department of Community Affairs. She stated once the Comprehensive Plan change is adopted and the final adoption occurs through DCA, then the Board would amend the Ordinances. Commissioner Cook stated there has to be a way to expedite this; whatever it takes, just as long as the Board votes on it and it is the position of the Board and is implemented and not come back with recommendations; this is what the Board wants to accomplish; and that is what it wants to do; so whatever it takes to implement that, it is what the Board wants done. Chairman Higgs stated the changes to the Comp Plan have not been advertised so the Board cannot vote on changes to the Comp Plan today; and the actual amendment cannot be done unless it is advertised. Commissioner Cook stated the Board can take a motion on that.

Commissioner Scarborough stated he will vote for it; the County has run into problems with the St. Johns District and Corps of Engineers on its projects; so the County is on the other side when it develops roads, boat launch facilities, etc. and know s the problems. He stated he does not know if extracting the County from the process will make it easier, or if Chairman Higgs has a better solution, or if it is easier to deal with those agencies; but it gets terribly confusing sitting here all the time and going through the Comp Plan, Land Use Map, zoning, and permitting; and the Board did not decide to have a Comp Plan, the Legislature in its wisdom did that. Commissioner Cook stated the Board is making an impact by what he hopes it will do today; with Commissioner Scarborough responding he wonders if it is going to be better or not. Commissioner Cook stated it cannot be any worse; with Chairman Higgs responding it can be.

Commissioner O'Brien stated probably in Brevard County they have had two decades of previous Boards adopting the state plan and adding a little bit more, depending on what platform various Commissioners had whether it was pro or con; so the County ends up with a pile of garbage that controls everyone's lives; and it is time to turn it back. Commissioner Cook stated it is significant to eliminate a whole level if the Board eliminates the County's participation in this issue.

Chairman Higgs stated the better solution to avoid duplication and render the layer of government would be for the County to take the responsibility; that is the arm of government that is closest to the people and most directly accessible to the people; so she will not support the motion. She stated the motion is to direct staff to bring back to the Board policies and changes in Ordinances and the Comp Plan so that all wetland issues would be deferred to the state, regional and federal governments. Commissioner O'Brien stated the Board wants to have home rule; and if the St. Johns River Water Management District would give up all of its authority and never come back in the County again, he would go along with that; but as long as it does not move out of the way, the County is getting out of the picture. Chairman Higgs stated until the Board talks to the St. Johns District and asks it what kinds of policies and what way it could be done, it will not know the answer to the problem.

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

AGREEMENT WITH SUMMERS CREEK HOMEOWNERS ASSOCIATION, RE: UTILITY EASEMENT ENCROACHMENT BY MASONRY WALL

Commissioner O'Brien advised staff came up with a plan where the homeowners have set aside money and they have the authority through the Association to do this; so he will move the Agreement with those conditions.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Agreement with Summers Creek Homeowners Association for encroachment of a masonry wall on a utility easement. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: 1994 ANNUAL REPORT FROM BREVARD COUNTY EDUCATIONAL FACILITIES AUTHORITY

Commissioner O'Brien advised he sent an E-mail to the County Manager because this is an Educational Facility Authority like TiCo Airport Authority and MIRA; and he wants to know how many agencies are completely autonomous from local government and how deep in debt have they all put the County into. He stated the Educational Facilities Authority has put the County in debt by $13,000,000 for F.I.T.; and if the Board does not get a grip on the global picture of this County, it will find out that various agencies have increased the total debt load; and at some point the County will be broke and people will not be able to live here any more. He stated it is not just the County with the Justice Center and roads, etc.; it may be Port Canaveral with a pipeline to Orlando or TiCo with a maglev train; or the School Board with $350,000,000 plus interest; and then it has this $13,000,000 and the County is probably over one billion dollars in debt and does not know it yet. He stated there is no comprehensive plan for financing of the government in this County; and the Board has little pieces of a puzzle, but does not see the whole picture.

Commissioner Cook asked the County Attorney if this agency would fall under the two-year Board; with Mr. Knox responding there is a State Statute that requires them to serve five-year terms.

Chairman Higgs inquired who is responsible for the debt of the Educational Facilities Authority if it defaults; with Mr. Knox responding it should not be the County, but he would have to look at the Statute to figure it out. Chairman Higgs inquired if the Board of County Commissioners would be forced to pay; with Mr. Knox responding no, these are like auxiliary boards that issue bonds, probably revenue bonds that are paid back from a specific source, but the County would not be responsible for it. Commissioner O'Brien inquired how would they pay off the bond; with Management Services Director Michael Managan responding most of the time the project is a revenue producer. Chairman Higgs inquired if F.I.T. cannot make the payment, what would happen; with Mr. Managan responding the bond holders would have recourse to sieze the property and sell it to retire the outstanding bonds.

Commissioner O'Brien stated an audited financial statement is not required of this Authority. Mr. Managan stated it is probably part of the County's single audit process, and the independent auditors look at it. He stated the Statutes require it to present an annual report to the Board every year; and the CAFR will show some of its activities. Commissioner O'Brien stated his concern is looking at the overall debt load and the amount of interest being paid; and inquired if there is a financial plan for the entire County, including schools, and all boards and agencies, that ties it all together; with Mr. Managan responding there is no comprehensive consolidated financial plan between the School Board, independent special districts, etc. Commissioner O'Brien inquired if there is a philosophy besides borrowing money; with Mr. Managan responding because the Authority's debt, should it default, is not the County's problem, nor should a School Board's default on its debt be specifically this Board's problem, there is no compelling reason to do that. Commissioner O'Brien stated it may cause some problems unless the Board is aware of what is going on. He stated they may not default, but the debt service load may pan out to a point where if something did happen, it could reflect on the rest of the County; with Mr. Managan responding when the County does a bond issue, one thing it has to disclose in its official statement is the entire debt load of the County; that is provided for investors to look at the ability to pay it back; and they look at the millage rate in terms of the whole County as part of its ability to pay the bonds back. Commissioner O'Brien stated the Board has passed a couple of bond issues in the past few months; and he is looking at the global box and how much can be borrowed before the box is empty.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to acknowledge receipt of the 1994 Annual Report from the Brevard County Educational Facilities Authority.

Commissioner Cook inquired if the County Attorney will get back with the Board; with Mr. Knox responding the answer is it is a revenue bond authority that is held by the Educational Facilities Authority; it issues revenue bonds that are payable solely from the revenues generated by the projects it issues bonds for; and it is solely the revenues of the Education Authority that pay back the bonds. Commissioner Cook stated since the Board appoints the Authority, could it get some backup information on what bonds it has outstanding and minutes of its meetings; with Chairman Higgs responding it is part of the package. Commissioner Cook inquired how often does it meet; with Mr. Managan responding it depends, only when it has activity and needs to meet.

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

DISCUSSION, RE: AGENDA ITEMS

Commissioner O'Brien stated the detention center is a big issue; it is not something that the Board can address or fix in one or two hours; it complained about the baseball stadium having all kinds of problems; and here it is trying to address something in an emergency situation. He stated it will shoot itself in the foot; it has an opportunity Thursday at a workshop; the Board could take action then; it should table this and give the Board the whole day to work out all the details and come to some consensus on the route it wants to travel; and to do this today is an insult to the people.

Commissioner Ellis stated he would like to start the issue today so if there are questions from the Board, staff will have a chance to come back with responses.

Commissioner Scarborough stated if the Board is going to break for lunch, it should take people in the audience to let the public go so they do not have to come back after lunch. Chairman Higgs stated she does not have a lot of cards; she has V.J., VI.A.4 and III.A.13; and the Board can take those, then she recanted and stated there are a stack of items, VI.A.1, 3, 4, E. 2 and 3, and III.C.2, so it will not work.

The meeting recessed at 11:53 a.m. for lunch, and reconvened at 12:59 p.m.

DISCUSSION, RE; BREVARD COUNTY DETENTION CENTER

County Manager Tom Jenkins advised the letter from the Department of Corrections threatened to litigate against the County if it does not come up with a Plan; and he sent copies of the letter to the Delegation so it would be aware that the Board is being threatened by a state agency. He stated the Board needs to approach the problem from a short-term solution and long-term solution; if it sent a message to the Department of Corrections that the Board is attempting to address this issue, that could be sufficient to buy some time and delay the litigation; but it needs to do something to give them some response. He stated they notified the Department of Corrections that the Board would be discussing this issue today, and that bought some time until today. Mr. Jenkins advised in terms of a short-term solution, Ms. Parker put together some options; and there are two that stand out as practical solutions. He stated #1 is proceeding with fast tracking the completion of the minimal security facility on the second floor; and the Sheriff is willing to expand the classification of prisoners he would normally send to that facility in order to help the Board get through this crunch and comes up with a long-term solution, recognizing it is a minimal security facility. He stated #2 is renting and paying per diem rate for cells in other counties close by, but he does not know how feasible it would be in terms of the extent they could use it. Mr. Jenkins advised some sentenced prisoners are used as trustees who do work in the jail such as laundry, etc.; if they send all the sentenced prisoners to another county, they will lose the trustee force; so it is not a cure-all solution for the problem. He stated for those people who are awaiting trial, the problem is providing access to their attorneys and access to the Courthouse for various hearings; so renting cells somewhere else is an option to explore and utilize to some extent, but it is not a single solution. He stated if the Board were to address those two short-term solutions, the way to address those would be to give staff specific direction to come back at the next meeting with specific actions that it could take in terms of proceeding with those, and staff would go back and do some investigation. Mr. Jenkins advised the second consideration would be a long-term solution; and suggested the Board consider using a citizens panel composed of past members and new members that will be an active panel in many facets of the issue that can take the forefront on behalf of the Board.

Commissioner O'Brien inquired if all sentenced prisoners are trustees; with Assistant to the County Administrator Yvette Parker responding the ones that are not are currently pending trustee status or cannot be made to work due to medical reasons; but the majority are required to work if they are sentenced to the County jail. Commissioner O'Brien inquired how many cells are anticipated to be rented; with Ms. Parker responding they would not want to go that route, but if they do, it would be about 60 people which would delete the Sheriff's trustee force. Commissioner O'Brien inquired how many are pre-trustees and how many are medical; with Ms. Parker responding it fluctuates, but right now they have 70 sentenced inmates in the jail and probably 50 to 60 are sentenced and the rest are pending trial or medical. Commissioner O'Brien inquired how many would be trustees of the 70 prisoners; with Ms. Parker responding right now there are probably 55. Commissioner O'Brien inquired how much room does the County need; with Ms. Parker responding 100 to 120 which is what the upper floor of the minimum security could provide.

Chairman Higgs advised there was a breakdown of the numbers of people sentenced, etc.; and inquired where are they in the materials; with Ms. Parker responding in Mr. Hafner's report which is the last package.

Commissioner O'Brien inquired if minimum security prisoners require a fence; with Ms. Parker responding yes, the Department of Corrections defines the perimeter-type fencing; the current minimum security facility is enclosed in the main yard of the jail; and it is adjacent to the main facility and enclosed in the whole area with at least a 10 to 12-foot fence with barbed wire on top. Commissioner O'Brien stated he read the proposal on the work release program; and the number of officers that were required to handle that; and after reading it, he thought it may be appropriate to build four World War II type wooden barrack buildings and use the staff proposed for the work release program to take care of minimum security prisoners. Ms. Parker stated they have a facility that could be finished for minimum security inmates; the facility is behind the main jail and has four quadrants of 60-bed potential; they have finished one quadrant; and they are in the process of finishing the second quadrant and will have two unfinished quadrants upstairs in the minimum security facility that would yield 120 beds. She stated the Sheriff agreed to expand his current classification to look at taking 60 individuals out of the main jail, putting them out there, and then the second quadrant could be used for the weekend jail sentences that are currently going into the main jail and bringing contraband and a lot of problems with them. Ms. Parker advised expanding the minimum security facility will cost approximately $727,000; and the Sheriff could operate the two quadrants upstairs with inmates who are currently in the facility either permanently or weekenders. Commissioner O'Brien stated he is trying to explore the idea of non air-conditioned facilities like the wooden barracks with a company headquarters in the middle of it surrounded by an 8-foot fence, but he is not up to speed on all the rules and regulations on how prisoners must be treated by law. Ms. Parker stated the problem is the minimum security need is not there.

Mr. Jenkins advised the Sheriff's Office and he discussed setting up a work farm in North and South Brevard where they would have barracks and minimal security in terms of supervision; the County supervisor would pick them up and take them to work at Road and Bridge, or Parks and Recreation, Utilities, Solid Waste, etc.; and that would get them off the site and somewhat independent. He stated the Courts have to agree to using that as a sentencing tool; and it has to go through the Department of Corrections because the State exercises a significant amount of control and authority over what type of jails and facilities the County has. He noted the County is not allowed to go out and do its own thing; and it must get approval from the Department of Corrections.

Commissioner Cook inquired if the Sheriff is going to supervise it; with Mr. Jenkins responding the Sheriff will supervise the facility and the County would supervise the workers in the daytime.

Commissioner Ellis inquired if the weekend prisoners are coming into the main jail; with Ms. Parker responding yes, and it is impacting the weekend count. Commissioner Ellis stated it would not be a problem putting them in minimum security if they are running loose five days a week; with Ms. Parker responding that is correct; and the fourth quadrant would be designed to keep them isolated from the main facility. Commissioner Ellis inquired if the Board goes with adding 120 beds, would 60 be for weekend prisoners and the other 60 available; with Ms. Parker responding that would bring the capacity to 912 and they have been running about 850.

Chairman Higgs stated the down side of the proposal is that some people who would normally be in maximum security would be transferred to minimum security; but within the minimum security facility that is within the confines of the existing supervised jail, the staff is already there; so there is an acceptable solution to the short-term problem. Mr. Jenkins stated it will take additional staff if the Board expands the minimum security facility; with Chairman Higgs responding but it does not take additional facility and cells and some of that.

Ms. Parker advised there is approximately $630,000 in impact fees that could be used toward the $727,000 construction cost, but they would have to return with the operating cost after the Sheriff gives them a report on exactly what staffing is needed. She stated the Sheriff may need to increase staffing design slightly to house inmates that he normally would not house out there.

Commissioner Cook inquired if staff would be $880,000 a year additional cost; with Ms. Parker responding minimally, for two quadrants. Commissioner Cook inquired if that includes food, laundry, etc.; with Ms. Parker responding yes. Commissioner Cook inquired how long would it meet the needs; with Ms. Parker responding until it reaches 912 inmates. Commissioner Cook inquired if it would be over capacity in six months; with Ms. Parker responding the County still may be in violation of cell by cell in the main facility because the needs are medium maximum security expansion; so even if it brings the cap to 912, the classifications scheme in the main facility may keep it in trouble today; but it would buy time with the Department of Corrections. Mr. Jenkins advised all it really does is buy time; the County is going to have to continue to pursue a long-term solution for the more serious offenders; it will always have use for the additional minimal security facilities; and it is not as if it would be building something that would sit empty. He stated the Board is not going to avoid having to address the long-term solution for the more serious offenders; and that is why he thought a citizens committee could look at that issue and pick up where the original committee left off. Commissioner Cook inquired if the Board would appoint a new committee; with Mr. Jenkins responding it could be a combination of the old members who are willing to serve and have a lot of knowledge, but the Board may want to extend or expand it and look at different memberships. He stated it needs to be a committee that will take the issue all the way to the end and not just give the Board a report.

Commissioner O'Brien advised he spoke with John Anderson who was on the committee and he said quite a few of them have already spoken to each other about their previous findings and what they will look at as new; but what the Board is not stating which is an important facet is that if Brevard County is growing by 34,000 people a year, it has to expect a 1% increase in the number of prisoners it is going to have which is about 300 per year; that is a big number; and more than half may be weekenders or be in jail three or four nights. He stated it is the same with the schools; they have to grow with the population growth; and since the schools and jails did not do it, the Board is hit with these problems and has to expand to compensate for the expectation of an increase in criminals.

Chairman Higgs advised the average from 1993 to 1994 jumped about 70 people; that would be almost the figure from the year before also; so the jail population has been increasing by about 70 a year over the last few years. Ms. Parker stated that is a very controlled, managed jail population; unfortunately they cannot control legislative changes that impact arrest policies and sentencing policies; and some of the things the Board is seeing in the increase are things they cannot control. Chairman Higgs advised it only increased by 20 people between 1992 and 1993 and the year before that it went down. Ms. Parker stated that is still 15,000 in a year and 15,000 out, so the Board is making a tremendous effort by keeping an aggregate of 20 people.

Mr. Jenkins advised the Board is seeing an effort to stay within the jail cap to the extent possible; and that does not mean that everyone is inside the jail that the judge or Sheriff would like to see inside the jail.

Commissioner Cook advised Lake County has 200 beds vacant; and inquired if they over built or have a lower crime rate; with Ms. Parker responding they just built and Citrus County just built; most of the counties that have beds available just built; and the federal government is looking to lease 100 of those; unfortunately the County is driving about an 85% pretrial rate so it has few offenders it can send; but within the next year or two they will not have beds to rent.

Chairman Higgs advised there are 33 waiting for Department of Corrections and 57 awaiting sentencing; and inquired how long does it take to get sentenced; with Ms. Parker responding about 30 days; they have to do a pre-sentence investigation and the judge sentences them; the jail has an expedited send off as soon as that person is sentenced; within two weeks the paper work is required to be at the jail, then they transport them to classification. Chairman Higgs inquired if DOC is the same 30 days; with Ms. Parker responding yes, those people are turned over within two weeks of sentencing. Chairman Higgs inquired if moving those people to a rental facility would be more expensive becuase of higher transportation costs; with Ms. Parker responding most of the jails said they do not want violent or medical offenders; and most of the people who go to prison have some type of violence in their history; so the County is limited as to what type of offender they will allow because of the liability. She stated PSI people are generally sentenced to the DOC, then the DOC pending are going to DOC because they are pretty much violent offenders or habitual offenders. Chairman Higgs recommended the Board ask staff to give the Board more thorough estimates of the operating costs for the short-term solution, respond to the Department of Corrections that it is getting those figures and exploring that option; and appoint the citizens jail advisory committee and each Commissioner add someone to that.

Commissioner O'Brien stated he is not sure the Board should move forward in that way; the County has the property; the estimated construction cost is $727,000; and it has the property and fencing for minimum security. Mr. Jenkins advised it is an existing building that would have the top floor shelled in. Commissioner O'Brien stated the County could construct World War II barracks in about 30 days for about $25,000; they could build a mess hall and an administration center; and the buildings will stand for about 25 to 30 years. He stated the County is looking at $727,000, but it could build a whole camp to bed 450 people of all different categories in four different buildings for probably $200,000.

Commissioner Ellis advised he had information about sprung instant structures; they are modular type building pods which work out to be about $2,000 or $3,000 a bed space; and it may be possible to look at that also.

Commissioner O'Brien stated he is sure the Sheriff wants to finish out the building, and he does not blame him; everyone wants to run a nice tight operation; and if it is something that is already in the plan, he is going to follow through. He stated the Board is against the wall; it is incumbent upon the Board to say spend the $800,000 plus an additional $800,000 per year to maintain the facility, guard and feed the inmates, and everything else; but there are other alternatives, and the Board should not make jails a fun place to stay.

Commissioner Cook advised the Board is not making a decision to do that; he would like to see some other options; and that should be one direction to give staff. He stated over $800,000 in operating costs sounds very high to him; and he would like to get more information on it and on what Commissioner Ellis talked about.

Commissioner Ellis advised the small modular facilities are made in Canada; and Mr. Husson was here and could probably get with staff about those and see if they are effective. He stated he also received information from a bail bondsman about having people that are released put up some sort of bond; it is an unusual thing, but when they are released, they ask for a bond, and the bail bondsman is then responsible for them and brings them back if there is a problem.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to pursue additional information on the short-term solution plus look at the suggestions of Commissioners O'Brien and Ellis.

Chairman Higgs inquired if the Board can make a response to DOC that those are the actions the Board is taking; with Mr. Jenkins responding yes. He stated if they feel the Board is seriously moving forward, that should be reasonable, but he cannot guarantee what DOC will do. Chairman Higgs stated the decision is to get more information on those three options and bring it back to the Board. Commissioner O'Brien inquired when will it come back; with Mr. Jenkins responding as soon as they can. Commissioner O'Brien stated there is an Affordable Housing Workshop coming up Thursday, and that can be changed to discuss the entire jail problem, both short-term and long-term, all day. Commissioner Cook inquired if that would be enough time; with Commissioner O'Brien responding there are two workshops and both can be canceled. Commissioner Cook recommended giving staff more time. Mr. Jenkins advised they will bring it back as quickly as they can because they are under the DOC gun; so they will go to work on it immediately and have it on the Agenda as fast as possible. Commissioner O'Brien inquired if anyone could look at the steel containers they put on ships that are stacked, and see if they can be purchased used. Commissioner Cook stated the Board cannot put people in those; with Commissioner O'Brien responding it certainly can; they could cut slits and let air blow through, put insulation in the ceiling, and shove them in side by side. He stated the County could make four walls out of the containers, put bright spot lights up in the corner and barbed wire all around and have a jail they cannot get out of without a torch. Mr. Jenkins indicated most of the people have not been sentenced and are innocent until proven guilty.

Commissioner Ellis stated he sent copies of the bonded release issue a month or two ago, and if anyone did not get it, they can call his office and they will send it again. He noted at least the County would take some money from them when they bring them back.

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

STAFF REPORT, RE: STATE ATTORNEY WITNESS TRAVEL COSTS

Chairman Higgs advised she did some checking on air fares and things with professionals in the travel field; there is a wide range of costs and she did come up with some costs that were almost like the ones the Board sees; she does not know what else the Board can do; but she thinks the State Attorney understands the Board's concerns.

Commissioner Cook advised in his letter the State Attorney proposes to get three quotes for travel fares; there were large discrepancies in some fares; they called and found out they could get a round-trip ticket to Spain for $800; and so it is an important issue to address because there is a lot of money expended for this. He stated the Board also asked staff to check on the phones, and they got a quote on the same flip phones for $129.

County Manager Tom Jenkins advised they are still working on that; apparently Mr. Anliker and Mr. Wolfinger are spending a lot of time in Tallahassee as Mr. Wolfinger is the current President of the State Prosecutors Association; and they bought them in a hurry; but Mr. Anliker went to Communications International who he thought was the County's communications contractor; so what he is doing is having staff go back to Communications International and inquiring why they charged so much. Commissioner Cook stated the firm on Merritt Island had the same model number and same phone for $129. Mr. Jenkins stated since Mr. Anliker acted in good faith, he is trying to find out why they charged so much and see if it can be reduced.

Commissioner O'Brien inquired who gets the frequent travel miles on these trips; and since the County is buying the tickets, should it get the miles; with Mr. Jenkins responding it is a good question, but he does not know the answer. Commissioner O'Brien stated he likes the corrective actions and agree with them.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of staff's report on State Attorney's witness travel costs, and approve payment of the outstanding bills to United National Travel.

Commissioner Cook inquired if Mr. Wolfinger indicated he will implement the changes right away; with Mr. Jenkins responding yes.

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

DISCUSSION, RE: LEGAL ACTION AGAINST SUN SOUTH COMMUNITY CARE, INC.

Chief M. A. Taggart advised Friday he was contacted by Jeff Smith from Sun South Homes who stated they decided to install the required residential sprinkler system rather than wait; they discussed all the options at the time; he asked for Sun South's contractor to talk to him before starting work; but as of 12:55 p.m. today, the contractor was on site, did preliminary testing of available water, and said he will bring the plans in the office this afternoon for review and approval.

Chairman Higgs stated she thought it was the alarm system; with Chief Taggart responding it will be a package deal in this case; it was a two-stage setup; they requested not to install the sprinkler system because that was an action that could possibly reduce the value of the house; in lieu of that he required them to put in a more extensive alarm system that would provide protection in the interim; the alarm system required was going to cost over $2,000, and the sprinkler system with a minor alarm system was only going to cost a little over $3,000; so they decided rather than to put the expensive alarm system in and 45 days later put the sprinkler system in, they would put the package in and get it over with. Chairman Higgs inquired what is staff's recommendation; with Chief Taggart responding if they are going into voluntary compliance, and should be done this week, no further action would be required by the Board; however, if the work stops and is not completed this week, he would like permission to work with the County Attorney to proceed with action against them. He stated the original deadline was April 15, 1995, and it is past that.

Commissioner Scarborough stated if nothing is done by Monday night, Chief Taggart could bring it back to the Board; with Chief Taggart responding he could come back Monday night and give the Board another report. Commissioner Scarborough stated if it is resolved, staff can send the Board a memorandum; but if not, he has a window to come back to the Board. Chairman Higgs stated it should be scheduled on the agenda.

Joseph Stadnik, 3422 Angelica Street, Cocoa, President of Canaveral Groves Homeowners Association, advised the people in Canaveral Groves moved there to move out of the city which has most of the crime problems with teenagers and adults; and a lot of the people who have children are very perturbed about this home moving into the Groves. He stated they moved in with only one zoning permit; and the ones who started the whole thing are not in it; and it changed hands to Mr. Burton. He stated Juvenile Justice has the responsibility for the children; they have turned them over

to a private enterprise which moved into a residential area; and most of the people in the Groves do not like to have this home in the Groves because (1) they have no jurisdiction to punish the children if they leave the property, and (2) the home is on the corner of Grissom and Canaveral Groves Boulevard in a very heavy wooded area. He stated the Sheriff's deputies whom he contacted do not like the heavy growth in the area; there were rocks thrown from the property on cars going down Grissom Road; there were vehicles of the supervisors stolen by the children; and some of the streets have increased break-ins after this home came into the area. He stated they cannot say definitely it is because of it or not, but he heard from sources that the people who leave the jail in Brevard County say Canaveral Groves is an easy picking place for them; and this home does not help it any. Mr. Stadnik stated they have set up a neighborhood watch and a committee to communicate with the organization; and they want the organization to not be in a wooded area so close to residential areas. He stated there is no reason why they cannot be part of the Sheriff's ranch where they have acreage to roam around and not one acre on a corner residential lot; the home is not a community care center; it is a home for juvenile delinquents from three counties; so they are against this home because of the young families who are rearing their children in the area.

Commissioner Scarborough recommended the Board make sure a letter is written to Juvenile Justice expressing concern that previous inspections and requirements that HRS did in the homes are no longer a part of the law, and send a copy to the State Legislators. He stated he would like to have the letter a part of the motion. Commissioner Cook stated he would like to see the letter first.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to communicate the Board's concerns, put together a letter for the Chairman to send to the appropriate agencies and State Legislative Delegation; and to schedule Sun South as an agenda item on April 24, 1995; and if it is resolved, the Board will drop it.

Mr. Jenkins stated Commissioner Cook said the letter would come back Monday night; with Commissioner Cook responding right, so he can see it.

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

Mr. Jenkins advised the item is going through a request for variance because there is an outstanding zoning issue so that is not a given that they will be there. Chairman Higgs inquired if the Board of Adjustment will hear that in May; with Mr. Jenkins responding yes.

DISCUSSION, RE: ISSUES RELATING TO WICKHAM ROAD WIDENING PROJECT

Projects Management Director Tom Lundeen advised he would like to have direction on the wall damage and height of existing wall; and staff will coordinate the construction of the irrigation system and landscaping in the field.

Chairman Higgs inquired if staff is recommending payment of $200 to the Homeowners Association; with Mr. Lundeen responding yes.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve payment of $200 to the Mission Lakes Villas Homeowners Association for wall damage during the utility phase of the Wickham Road widening project in exchange for a release of further liability to be drafted by the County Attorney. Motion carried and ordered unanimously.

Mr. Lundeen recommended not approving raising the wall or replacing it with a brick wall like the one they are building right now, because the wall would be difficult to raise due to the type of construction; and the contractor recommended tearing it down and building a new wall.

Chairman Higgs inquired if the Board took no action, would staff go forward with the way it is; with County Manager Tom Jenkins responding yes. Chairman Higgs called for a motion; and hearing none stated that concludes the item.

Frank McGeary, 385 Carmel Drive, Melbourne, representing Mission Lakes Homeowners and other potential homeowners going back to Spyglass, stated when the road was built and sidewalks installed, the height of the wall was reduced by perhaps two feet, thereby ruining their noise abatement and creating an access problem. He stated they have a temporary wall that was put in by the developer in late 1992 built of polystyrene foam and plastered; it is not lasting very long; two contractors indicated there is no way to raise the wall efficiently, and it would have to be torn down; and others said they want more time to think about it and tear part of it down to see what they could do to raise the wall. He requested the Board consider that they face the wall and traffic on Wickham, are part of Suntree, and would like the brick wall that was exchanged for rights-of-way on the south side of Wickham Road to be included on the north side. He stated they have serious problems with noise, traffic, dirt and lights; and that is why they are asking for the consideration.

Mary Burgess, 478 Carmel Drive, Melbourne, advised they understand the need for widening Wickham Road which will benefit all of them; however, it will bring more traffic down the road than they already have; and they are willing to work with whoever they have to work with; however, they feel their rights as homeowners were violated. She stated they were not consulted; the existing wall was built before they were there; it is deteriorating; there has been damage from the contractors; the $200 authorization of payment is to repair the wall; however, it is going to come down eventually because it is not going to stand there. She stated they feel like they were left out and their rights were being violated; and they would like the Board to consider replacing the wall with a brick wall so everything is consistent down Wickham Road. She stated in the meantime, they would like to have it raised somehow to get rid of the noise.

Commissioner Cook stated he concurs they should have been consulted at the beginning of the process, but unfortunately they were not; but the problem is replacing the wall is estimated at $183,000 and an additional 178 days added to the contract.

Public Works Director Henry Minneboo advised it would be $183,429 and that would leave $449 in contingency; they are getting the same treatment as it relates to vegetation throughout that area; and some of that vegetation should be helpful in buffering the noise they may experience.

Chairman Higgs inquired if the contractor who built their wall in 1992, Mr. Lynds, reviewed the County's plans and knew what was going on; with Mr. Minneboo responding Mr. Lynds had that opportunity; he called him and shared it with him back then; and he was well aware of the situation at the time. He stated the fact that he put a temporary wall in is his doing; and he was aware of the elevations of Wickham Road.

Commissioner Cook inquired if the developer knew what was happening; with Mr. Minneboo responding he was well aware of the County's plans; the plans began in 1990; they went through numerous public hearings with them; they shared that when the site plan was presented; and they showed them what was going to happen in the field; and this is the only one they have had significant problems with. Commissioner Ellis stated it was only a few months after the plat was recorded that the County let the contract for Wickham Road. Commissioner Cook stated there is not $183,000 to build the wall with and add 178 days on the contract to finish Wickham Road; they are at the end of the project; and maybe at some future date they can review some other alternatives, but he does not know what else the County can do now.

Mr. McGeary advised the damage was done to the wall during construction; it requires repair immediately; the clean up all around the wall has done on a voluntary basis and needs to be taken care of; and he hopes the Board will not completely abandon their interest on their side of Wickham Road.

Commissioner Cook stated they will repair the wall and add additional vegetation and clean up, and make sure the vegetation is proper as well.

APPROVAL OF PAYMENT SCHEDULE, RE: PORT ST. JOHN EAST WATER MSBU FOR PROPERTY OWNED BY JIM MESSER

Commissioner Scarborough advised staff recommended Option 1 which is the one Mr. Messer prefers; and if it is more than 30 days delinquent, the County will initiate foreclosure proceedings which means it does not have to come back to the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve a monthly installment plan through the remaining term of the Port St. John East Water MSBU for Jim Messer, and if it is more than 30 days delinquent, authorize the County Attorney to initiate foreclosure proceedings. Motion carried and ordered unanimously.

APPROVAL, RE: SECOND EASEMENT AND WAIVER OF ACREAGE REQUIREMENT FOR SUSAN WRIGHT

Susan Wright, 2865 N.E. 26th Street, Fort Lauderdale, advised her property is only .3 acre short of the required 5 acres to share an easement; Parcel A is the property she intends to build on in the next year; and Parcels B, C and D are divided into three one-acre parcels. She stated the waiver addresses Parcel A which is 3.68 acres and Parcel B which is 1 acre; those parcels are 4.68 acres; and that is where the .32 acre shortage occurs. She stated she intends to sell the three one-acre parcels B, C and D to the Archie Carr Turtle Refuge Program for preservation; the three acres are part of the Maritime Hammock which has huge oak trees with canopies spanning 50 feet; 11 gumbo lumbo trees and many indigenous Florida species; and the acreage is part of the Nancy Creek area which is beautiful and pristine. Ms. Wright advised she divided the property in accordance with the State's requirements for acquisition and was advised by Richard Langford, the acquisition agent for Archie Carr Turtle Refuge Program, to have each acre accessible with its own easement and also be buildable in nature; she had many discussions with Rick Enos regarding the County's requirements for buildable acreage; and an easement is a definite requirement for building. Ms. Wright requested the waiver so Parcel B will have an easement to meet the state's dictates. She stated if the State is too lengthy in its process because its acquisition agent and assistant have resigned, she intends to sell Parcel B to a private individual who has intentions of building a homesite. She stated a waiver is necessary to provide an easement so she can build; so in either case Parcel B needs an easement whether it is sold to the State or to a private individual.

Chairman Higgs inquired under what conditions can the Board grant a waiver; with Planner I Gwen Heller responding Mrs. Wright's property is very narrow; it is two long rectangular tracts, each 100 feet in width; under the existing Subdivision requirements, she could divide the property into four buildable lots which is what she wants to do with the easement; but staff is reluctant to recommend approval of the waiver when there is the ability under an existing Ordinance to accomplish what she wants to do. She stated the dilemma is, if she does a subdivision development, she would have to provide a 50-foot wide right-of-way, onsite retention for the site, and a stormwater system which would necessitate removal of some of the vegetation that makes the site so attractive. Chairman Higgs inquired under what conditions can the Board grant a waiver; with Ms. Heller responding natural hardships on the property. She stated the property to the south has a flag stem; she has an easement already where she wants a second easement over it; on the north side of the property there is another easement; so they tried to have another easement located on her site, but she does not have the distance requirement necessary to provide for another easement, so she has to go over the top of an existing easement or do a subdivision development. Chairman Higgs inquired if the density proposed is consistent with the Comprehensive Plan; with Ms. Heller responding yes. Chairman Higgs stated in light of the type of property and the density being consistent with the Comprehensive Plan, and protection of significant resources there, she would agree with the waiver.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the second easement and waiver of acreage requirement for Susan Wright.

Commissioner O'Brien stated he agrees with Chairman Higgs, but the whole thing is contingent around the sale of the property to the State, so the easement should be contingent upon the sale.

Chairman Higgs advised she did not say that is the only thing she would do; the easements would protect significant natural vegetation; and if she were to develop under another scenario, there would be a greater destruction of significant natural resources. Commissioner O'Brien stated if she wants to go with another scenario, she can come back and talk about it then. He stated right now she is talking about the sale to the State which is the main issue.

Commissioner Ellis stated he has another issue not related to Ms. Wright's property but a similar situation regarding distance between flag stems; and inquired if he has to set an agenda item to come back and look at that; with Ms. Heller responding the distance between flag stems of 280 feet is a zoning regulations, so the Zoning Code would need to be amended. Commissioner Ellis advised when people get into a situation with 200-foot lot widths, and the persons north and south of the parcel put flag stems in, then a person cannot get a flag stem without a waiver; and he does not have a problem supporting the waiver, but he would like to look at the flag stem policy. Ms. Heller stated there is also an easement distance which is administered through the Land Development Division as part of the unpaved road Ordinance; that is a minimum separation of 90 feet; however, Ms. Wright cannot meet that either under this scenario. Commissioner Ellis recommended staff bring it back as an agenda item so that it can be done administratively.

Chairman Higgs inquired if there can be a condition on the waiver that it is effective only if the lot is sold to the State; with County Attorney Scott Knox responding if it is reasonably related to the granting of the waiver, and it probably is, the Board could do that. Commissioner Ellis stated he does not want to tie it up with that. Commissioner Cook advised he would like to hear from the applicant if she has any input on this and if it will create a problem.

Ms. Wright stated she needs the easement whether she sells it to the Archie Carr or a private individual; she does not want to put two easements in because of the oaks that would be destroyed; they are over 500 years old; and there are resurrection fern and many things that would be destroyed. She stated all it would be doing is sharing an easement; the property is only .3 of an acre short; she has someone right now who wants to buy it, but she put her off because she does not want to see any of the trees destroyed; that is why she would like to sell it to the State; but regardless she would like sharing of an easement.

Dr. Duane DeFreese, EELS Program Director, advised he talked to both staff members who are no longer with the State; their intention was to have this issue clarified before they moved to appraisal; and the concern is the appraisers do not know how to base their appraisal on highest and best use until this issue is clearly rectified by a legal decision here. He stated because P-2000 is a voluntary program, he is not sure how the contingency issue would be viewed because they wanted clear direction for their appraisals.

Motion by Commissioner O'Brien, to amend the motion to make the waiver contingent on the sale to the State. Motion died for lack of a second.

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

DISCUSSION, RE: PERSONAL APPEARANCE OF LOUIS MOREHEAD FOR EXCLUSION/ EXEMPTION OF LAND FROM PORT ST. JOHN EAST WATER MSBU

Louis Morehead, P. O. Box 697, Sharpes, requested an exclusion or exemption of 2.2 acres, which is a 70-foot wide strip of property that is a drainage ditch in its entirety in Port St. John East Water MSBU, based on the land being a drainage ditch and deemed to be undevelopable. He stated there were two letters from Assistant County Manager Dean Sprague; and in one letter he says, "All special assessment levies in the Port St. John MSBU Project are based on the full development potential of the property." Mr. Morehead advised there is a recommendation for an easement trade; and requested the Board exempt the drainage ditch, place his buildable 4 acres into the half-acre assessment formula, charge him $8,000, $1,000 per half-acre assessment, and take into account there have been payments of $10,745.02 made on that. He requested the Board take into consideration waiving any interest that occurred from October 21, 1992 when he purchased the property. He stated there have been numerous meetings with staff; he has been before the Board on two different occasions; there has been enough bureaucracy and red tape and time spent; and it is time to make a decision and put this to rest. He requested the Board instruct the Special Assessments Office to issue him a release of lien on the property. Mr. Morehead advised he had conversations with Mr. Minneboo and Mr. Ron Jones in response to the April 12, 1995 letter from Mr. Sprague and previous letter of February 7, 1995; Mr. Minneboo indicated he would like to keep the easement as a separate issue and that it not come into play on the exemption he is requesting; this is going to be an agenda item on May 2, 1995; the County sent him a letter for foreclosure on the property; but he would like to see if the situation can be rectified.

Chairman Higgs inquired if the liens were on the property when he purchased it; with Mr. Morehead responding he purchased the property from General Development Corporation; they had delinquent back taxes for 1989 and 1990 which he had to pay; and he had to pay delinquent taxes for 1991. He stated the assessment was in place at the time but the acreage was incorrect; the Special Assessments Office had 8.51 acres; it was brought down to 6.51 acres when in reality he has 6.28 acres; and only four acres have developable potential as Mr. Sprague stated in his letter. Chairman Higgs advised the letter talked about Mr. Morehead giving the easement; with Mr. Morehead responding no, the County suggested that he donate the 2.28-acre parcel to it, but by doing that, he is relinquishing his rights as a property owner. Chairman Higgs inquired if Mr. Morehead is not willing to do that; with Mr. Morehead responding that is correct, but he has an unbuildable tract of land that should not be assessed; and there are other instances in Port St. John where exemptions and exceptions have been made.

Assistant County Manager for Community Development Dean Sprague advised this morning he met with Mr. Morehead to discuss the issue; what staff is proposing to do is separate the two issues and ask the Board to look at the issue of whether or not it wants to entertain a reduction in the interest that has been accrued on the parcel, and the potential of the County's ability to maintain the ditch that Mr. Morehead referred to.

Public Works Director Henry Minneboo advised he needs to see if the 70 feet is the size they need to maintain the ditch; and he has not had the opportunity to go out there. He stated they would like to examine it in the field to see what the situation is.

County Manager Tom Jenkins advised the County will need an easement of some magnitude in order for Public Works to maintain the ditch; they would like to firm that up; and staff was not opposed to taking a deduction for the size of the ditch. Mr. Sprague advised they did some calculations based on the 70-foot width; and if Mr. Minneboo and Mr. Morehead can come to terms on a smaller area, the numbers would probably change. Mr. Jenkins stated at this time the County should stop the foreclosure action and allow Mr. Minneboo to verify the exact amount of easement he needs, then possibly conclude this issue.

Planner I Gwen Heller advised that is one option the Board has; the concern is the last payment on the project was made in February of 1992 by Atlantic Gulf Corporation; subsequent to that time, no payments were made on the account at all; and in addition to the 2.2 acres that is encumbered by a ditch, there are four plus acres which have an assessment; and no payment has been made on that in three years. She cautioned the Board about stopping the foreclosure.

Mr. Jenkins advised he proposed stopping the foreclosure based on a commitment from Mr. Morehead that he will make the payment on the other four acres.

Commissioner Ellis inquired if the Board could delay the foreclosure by a few weeks; with Mr. Jenkins responding that is what he was suggesting with the understanding from Mr. Morehead that he will pay for the four acres. Commissioner Ellis stated the ditch has no value unless there is an easement because without it the ditch would fill in.

Commissioner Cook advised this has been going on for years; and inquired what is the difference if the foreclosure is stopped and he does not pay in two weeks. He stated if it can be worked out with Mr. Morehead, that is the main thing; the Board could stop the foreclosure; and if in two weeks they can work it out, the issue will be settled.

Chairman Higgs inquired if the parcels are separate; with Mr. Sprague responding no, but staff may be able to step up the clock and determine by May 2, 1995 where they stand with the parcel. Mr. Jenkins advised Mr. Morehead is tentatively agreeing to pay the assessment on the remaining portion; what the Board would be doing is exempting the payment on the drainage area; and he would be giving the County an easement; so there is no point in foreclosing on the four acres if he is going to pay the assessment. Chairman Higgs stated the Board is not taking any foreclosure action until May 2, 1995; and inquired if staff can come back then, why is the Board doing this today.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table the request of Louis Morehead for exclusion/exemption of land from Port St. John East Water MSBU until May 2, 1995. Motion carried and ordered unanimously.

APPROVAL, RE: RECOMMENDATIONS ON CANAVERAL PORT AUTHORITY ISSUES

County Manager Tom Jenkins advised staff had discussions with the Port on building a boat ramp on Port property, and thought it was important to bring the issue to the Board for consideration. He stated staff will ask the Port to make the property available and pay for the cost of building the boat ramp; and since they were bringing that issue, and there were two other outstanding issues that Mr. Nelson had with the Port, he asked Mr. Nelson to bring them all at one time so the Board would not be discussing it piecemeal, as Commissioner O'Brien likes to look at the bigger picture; so he thought they should bring the big picture to the Board for a change.

Commissioner O'Brien advised he had a meeting with the Port; the problem is if they build an extra large ramp for the clammers at the end of the Barge Canal in the Indian River, all they will do is encourage more clammers to come; there are over 1,000 licenses out there; the Legislature is not going to help the County on this; meanwhile there are rivers being raped every day by the clammers. He stated they have to make a living too, but that is not the point; the manatee people scream because the manatees are dying from starvation; and although the County must have a safety solution for those people going out and making a living at clamming, the concern is what happened to the scallops when all the boaters came from North Carolina, Texas, Louisiana, etc. and all of a sudden there were no scallops. He stated to this day only one or two boats go out and come back with a decent load of any kind; they raped the ocean bottom until there was not one scallop left; so he is concerned about Item #1. He stated he would like to see a boat ramp for pleasure boaters to go out and have fun, but this ramp could be lined up with commercial working people and the environment takes a real kick from it.

Commissioner Cook advised it is important to have additional access to the water; he understands the clamming problem, but that is a problem the State needs to address; so he has no problem with Item #1. He stated he has concerns with Item #2; he does not mind talking about Jetty Park with the Port, but he wants to see what kind of agreement will come forth; and otherwise, he has no problems with the recommendation.

Commissioner Ellis advised since the total number of clammers is not under the County's control, when it denied the parking lot in Port St. John, it was contingent upon opening a boat ramp somewhere on the Barge Canal; so if it is not going to follow through on the boat ramp, it needs to re-open the issue of the parking area because they have to park some where.

Commissioner Scarborough advised the County has upland problems and the river is not its problem although it is charged with keeping the river clean and taking care of it; but once they get to the river, anything can happen. He stated the Board asked Chairman Higgs to address the Legislative Delegation, and she made a beautiful presentation, but got nowhere because the audience in Palm Bay was stacked with clammers, so they refused to look at the question of the river quality and turned entirely to an upland situation. He stated they basically said they were concerned about the clammers; they never once were concerned about the recreational boaters who pay taxes; some of the clammers are not good people; there were physical assaults on boaters; and he has criminal records to show what has gone on. He stated the Legislative Delegation forgot about the river and killing of the grassbeds, clammers stirring up sedimentation, and the manatees dying, and indicated clammers are all good people, and only the Board has problems. Commissioner Scarborough stated they said they would solve the problem by going to SR 528; he followed their wisdom and looked at it; Mr. Nelson said if they start turning clammer trailers around on SR 528, people coming over the bridges will have some mammoth accidents; and FDOT does not want to see daily accidents on SR 528. He stated they found a parcel of land the Port owned; they met with the Port but he is not sure the Port is going to build it; however, the State Legislative Delegation probably has some obligation since they led the County in that course of action, to actually put some funding into it. He stated once it is there and they kill all the clams, people from District 2 can launch their boats and access the Banana and Indian Rivers because the clammers will be gone after they kill off all the clams. He stated those are his thoughts on it; and he does not see what the harm is.

Commissioner O'Brien stated in District 2 he cannot afford any more parks; with Commissioner Scarborough responding let the Port take it over since it has an obligation to do something with its property for boating in that area. Chairman Higgs inquired if Mr. Nelson has some insight on the issue.

Parks and Recreation Director Chuck Nelson advised before clamming became an issue, there was a shortage of launching facilities in that part of the County; it has only gotten worse because of the clamming issue; the ramp would spread out some of the usage; they are attempting to provide more access to the Rivers; but it is a difficult situation they have no control over because when they build the ramps they cannot restrict them and keep commercial out. He stated the Port's interest is a starting point; and where they are financially in terms of being able to build and maintain is an issue they will bring back to the Board for discussion.

Commissioner O'Brien inquired if staff looked at properties along the river such as the old school house the County owns directly across from this site; with Mr. Nelson responding they looked at a variety of sites on the river; the biggest dilemma to any launching facility is water depth; and this is probably the best location in terms of water depth of anywhere in that part of the river. He stated it is a dredged water body to begin with; and they attached a copy of the letter from the State indicating a willingness to see a ramp constructed at that location because it was preferable in terms of the manatee issue. He stated they had some difficult permitting processes where they have gone into natural grass areas; all the other areas they looked at have natural grasses and would require additional dredging; so this is the best location between Cocoa and Titusville for launching that the County has access to at this time.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to send a letter to the Port for use of the 12 acres and ask it develop and operate a boat ramp and park on the property, and the Board will help by seeking state assistance. Motion carried and ordered unanimously.

Chairman Higgs advised Item #2 is a desire by the Port to take over Jetty, Ports End and Central Parks.

Commissioner Ellis inquired if there is vacant property south of Jetty Park; with Mr. Nelson responding the County acquired about ten acres that was part of the Save Our Coast acquisition immediately south of Jetty Park. Commissioner Ellis inquired what is the projected use of that property; with Mr. Nelson responding prior to any discussions with the Port, there was an interest to expand the camping by about 12 spaces; they met with City of Cape Canaveral to expand the camping, but it was very limited; it is basically a lot of scrub habitat so there would be minimal development; but there was one disturbed area that would accept some improvement.

Commissioner O'Brien inquired if the City of Cape Canaveral entered into negotiations to de-annex property south of the County's property; with Mr. Nelson responding he is not familiar with that discussion.

Commissioner Ellis inquired if the County hands over the Parks for the Port to maintain, would it also hand over the parcel; with Commissioner O'Brien responding the County should; however, his concern is the Port will probably privatize the Park and make it a KOA or something; and the people of the County spent a lot of money buying beach access. He stated he would like to turn the Parks over to it because it would probably run them better and keep them cleaner; the revenues from Jetty Park are woefully insufficient to keep that Park in the condition it should be for the public; but the Board should stipulate when negotiating, that sufficient parking spaces be available along the beach for the public. He stated they may have to traverse through the Park to get there; if it is privatized, the public may be locked out; and it is not right, after spending millions of dollars to buy beach access Countywide, to have people walk a mile across the park to get to the beach.

Chairman Higgs inquired if it could be a condition of any agreement that it remain public access, and if it is no longer that, it reverts back to the County; with Commissioner O'Brien responding he wants to make sure that public access is absolute and good; and other than that, it is a good deal for the County and a better deal for the Port.

Commissioner Cook advised if all they are going to do is privatize it, the County can do that and put it out to bid rather than give it to the Port; so it should have a condition that they do not privatize it. Commissioner Ellis stated the County does not have the money to get it in condition to be privatized and the Port does. Commissioner Cook stated the Board could put out an RFP; and he had people inquire about it. Mr. Nelson advised the Port is interested in re-assuming some control because it wants to put some money into it; the County does not have enough revenue to put capital back into the facility; the County makes enough to operate on a daily basis, but not enough to replace and rebuild 20 plus year old buildings in that setting; and that is what the County is faced with. Commissioner Cook stated the condition should be that they do not privatize; he agrees with Commissioner O'Brien that there has been a significant investment of public money into the Park; and if the point is just to privatize the Park, then the County should go out for an RFP. He stated it is not fair to the public to give away a Park that they paid for over a significant amount of time.

Chairman Higgs stated a condition of doing this would be the insurance in the language of any agreement that public access is maintained and spelled out so everyone knows what it is.

Commissioner O'Brien stated he finds nothing wrong with privatizing it; if they make it a KOA park, and the public can get to the beach and have easy access, they can take the excess funds from there to take care of all the other parks including the boat ramp discussed earlier.

County Manager Tom Jenkins advised he has not heard that the Port is going to privatize the Park; he heard them say they will spend a certain amount of dollars to upgrade the park because they believe it has deteriorated over a period of years and they realize the County does not have the money to fix it; and they are prepared to modernize and fix the Park up. He stated it would be simple for Mr. Nelson to make it a prerequisite in negotiations that it needs to be a publicly owned and operated facility.

Chairman Higgs advised that is not what the Board is saying; it is concerned about the continued public access to the beach that is there; and who runs the campsites is not the issue. Commissioner Cook stated it needs to be detailed because any private enterprise would have public access; but he does not want to make it prohibitive for the residents to use those parks in the future.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to authorize staff to enter into negotiations with Canaveral Port Authority to transfer operation and maintenance responsibilities of Jetty, Ports End, and Central Parks, and to ensure there is easy public access.

Mr. Nelson inquired if the motion is the interest of daily access to the beach as opposed to camping; with Chairman Higgs responding the Board wants to ensure there is public access, and whatever that takes, it is not willing to give away control, and a reverter may be part of that. Mr. Nelson advised the Board has a contract with the Port that goes to the year 2012; at some point, the lease dies a natural death; so when talking about a reverter, it is a reverter of the lease which is somewhat unusual. He stated the Port wants to see an improved facility; it is committed to public access; and based on what the Board discussed, he has good direction.

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

Commissioner Ellis inquired what is the County going to do with the land to the south; with Commissioner O'Brien responding his office will work with the Port on that and will bring something back to the Board. Commissioner Ellis indicated perhaps the Port will reimburse the County for it.

Chairman Higgs advised Item #3 is reaffirming County's interest in management of Jonnie Johnson Park south of the Barge Canal.

Commissioner O'Brien advised it is at the corner of the Barge Canal and Sykes Creek, south of the Barge Canal between Abby Marina and Sykes Creek; and essentially they are asking the Board to support them because they asked the State to take over the property. He stated originally the Plan was that the State would take over the 75.2-acre parcel and lease it to the County for $1.00 a year, and the County would build the park. Commissioner O'Brien stated in recent negotiations, he tried to convince the Port that since the County is going to support privatizing Jetty Park, it should build and run this park as well. He stated the Port Authority has not agreed to that at this point, but he speaks before it next wee,; and would like to say the Board would like to see Jonnie Johnson Park built. He stated they cannot put ramps or boat slips, but they can build a wall that boats can come up to; right now people are there with camp fires; pickup trucks are stuck in the sand all the time; there is good fishing next to Sea Ray bridge; and young families have a lot of fun, but it is getting filthy and dirty, and it would be a good park if the Port would come forward and build it.

Chairman Higgs inquired if staff wants a letter stating the County's interest in managing Jonnie Johnson Park is still there; with Mr. Nelson responding yes, and it involves a swap of two parcels between the Port and the State, but they wanted to know if the County is still interested in that. He stated from what he heard, the County is looking to tie the Port into partnership on that; with Commissioner O'Brien stating absolutely because the County cannot afford it.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to authorize the Chairman to send a letter to the State reaffirming the County's interest of managing Jonnie Johnson Park, and stipulate the County would like for the park to be built, operated and maintained by the Port, and if they want to do it, a time certain of when they will do it. Motion carried and ordered unanimously.

The meeting recessed at 2:33 p.m. and reconvened at 2:49 p.m.

AGREEMENT WITH THE BUCHANAN COMPANY, INC., RE: SPORTS PROMOTION AND DEVELOPMENT SERVICES

Chairman Higgs advised if government is going to work, it needs to have contracts that require outcome and something attached to those outcomes in terms of positive or negative consequences; in this contract there is a goal of 12,000 room nights, but the only requirement is a report; there is no requirement for the 12,000 room nights or any consequences for not providing that particular performance; it is a total of $132,000 for an 18-month period; and beyond the report there is nothing required. She stated subscribers are only given the hotel bookings as a result of this contract, and it is not available to all the tax collectors; so she would suggest adding to the contract that failure to meet and document the 12,000 room nights will result in a return of six months of the fees being provided. She stated the County should not write a contract and not require anything from them.

Commissioner O'Brien advised he agrees to a certain extent; they want to pay $88,000 for an 18-month period; with Chairman Higgs responding $88,000 is for one year, but the total is $132,000. He stated $88,000 a year to gain 12,000 room nights means the County is paying $7.00 per night and the TDC tax is 4%; and if the rooms are $100 each, the County would get back $4.00 a night; so to gain $4.00 they are spending $3.00 more.

County Manager Tom Jenkins advised the tourist tax is generating that money, but the hotel owner gets the benefit of having a room rented for $70 or $80 a night. Commissioner Ellis stated other people benefit also when tourists are in town.

Chairman Higgs requested an explanation of the provision of subscribers; with Tourism Development Director Rob Varley responding that allows them to get a $5.00 rebate from participating hotels; if a local organizing committee comes and wants to bid and needs a $10,000 bid fee to go after boxing or karate or whatever, they can go through the system and get their bid fee returned to them through the $5.00 rebate system. He stated if the TDC supports a project and puts $10,000 in, that money comes back to the program through the $5.00 rebate. Chairman Higgs inquired who would get the $5.00; with Mr. Varley responding the first thing it goes to is to pay expenses for the project, then the bid fee money is returned to the local organizing committee and/or the TDC Sports Program. Chairman Higgs inquired if she does not pay the $150 and owns a motel, she would not get any of the rooms; with Mr. Varley responding not necessarily; there are some hotels that will get some of the business that will not participate. He stated there is a hotel by Cocoa Expo that does not participate and benefits because of its location; so it is not necessarily that; the system is not fool proof to get everyone to participate, but most of the hoteliers agree it is a way to help facilitate getting the bid fee money put up. Chairman Higgs stated if she collects the tax and that tax pays for the contract, the contract does not necessarily bring her one room night because the people who are operating the hotels that paid the $150 will get first pick; with Mr. Varley responding indirectly, if they bring a major event like the Junior Olympics. He stated this weekend they have a karate tournament; those people are staying at Holiday Inn Melbourne Beach and the Radisson; that fills those hotels; the walk-in business that would normally come in there goes somewhere else and get a better piece of business because they get walk-in rates; and sometimes it is an advantage not to have the booking of the sports group to get the overflow rooms turned away from the large hotels. Commissioner Cook inquired what is the term of the contract; with Mr. Varley responding it is 18 months.

Commissioner Ellis stated the flip side is also true on other issues; there are times when TDC money is used to advertise beaches and does nothing for hotels on I-95; the advertising of KSC does nothing for motels in Grant; and anytime government is involved, there will be some type of unfairness. He stated he did not support the tourist tax referendum because he felt the best thing to do was let the hotels do it themselves; but the tax passed and the Board voted to raise it; it is mandatory; and there is no way to develop a system where everyone gets back what they put in. He stated no matter how it is done, some will pay more and get less and some will pay less and get more; and with the set up like the sports, some hotels will benefit more than others just like they do from KSC or beach advertising or billboards along I-95.

Chairman Higgs stated she can see that argument and understands it; she does not like the system and does not believe it is fair; but she has two issues; and the second is the Board should not write contracts that do not have consequences for performance and do not demand performance. Assistant County Manager for Community Services Joan Madden advised if the room nights are not produced in the course of 18 months, which generate about 1.5 million dollars in the County, then the contract is not renewed; and that is the penalty. She stated there is a clause in the contract for two one-year renewals; and that is enough penalty if the company cannot deliver that in an 18-month period. Commissioner Cook inquired if they are automatic renewals; with Ms. Madden responding no, they come back to the Board. Chairman Higgs advised the Board gave $100,000 on one contract for the South Beaches Management Plan, paid out $80,000 plus and got part of a plan; staff had to finish the report; the consequence was they lost $20,000, did not finish the report, and did not get a renewal; but it obviously was not enough to stimulate someone to do the job; and that was a $100,000 contract. Commissioner Ellis inquired what would have been put in that one; with Chairman Higgs responding the County should have paid it at intervals. Commissioner Ellis inquired how would this contract be set up along those lines; with Chairman Higgs responding with a provision that failure to meet and document 12,000 room nights will result in a return of six months of fees. Commissioner Ellis stated at that point that means whoever owns the business has to keep six months in reserve in the bank at all times; and he does not see how a small business can do that. Chairman Higgs responded it could be less than six months, but something that penalizes the contractor for not producing and not just give away taxpayers money. Commissioner Ellis inquired if a termination clause would work; with Ms. Madden responding there are termination clauses; one is a 90-day mutual jump out for either party and the other is a 30-day termination clause for material breach of the contract. Chairman Higgs inquired what does that mean; with Ms. Madden responding if he does not do what the terms of the agreements say he will do, specifically paragraph 4. Chairman Higgs stated if all that is demanded is 12,000 room nights and a monthly report, and they have 18 months to provide that, then there is no material default until the 18 months expire. Ms. Madden advised this agreement was put together under the philosophy of an employment contract; they set goals over a period of the work time; at the end of that work period, they determine if that person has met 80, 90, or 100% of the goals; then they determine whether to continue that contract; and that was the rationale used. She stated the second issue is that as they begin to develop sports contracts, there is a significant lapse in time from when they begin plowing the ground to the time they actually get the people in the beds; three or four months may go by where the people are not in the beds, but months five through nine may produce 10,000 of the 12,000; and that is the philosophy under which the contract was developed.

Mr. Jenkins advised the third ingredient was the track record to date; the first year of this arrangement they attracted approximately 7,500 room nights; the second year they attracted approximately 10,000 room nights over a 12-month period; this is for 18 months; and there is a history of some success in the past. He indicated the alternative may be for the County to hire an employee and TDC do it; and the program itself has been extremely important for the tourism industry in the County in that amateur sports and youth sports have been the mainstays and one of the few growth areas.

Chairman Higgs stated the answer is not to hire an employee; the answer is to write a contract that has some consequences for the business that is doing this; it is not an employment contract with Rusty; it is a contract with Buchanan Company to produce 12,000 room nights; she does not care what he wears to work or what he does or how he does it; all she cares about is 12,000 room nights documented; and that is all she asked they produce along with the monthly report. She stated it is not an employment contract in any way, shape or form. Mr. Jenkins advised the only hitch to that is a contract has to be a two-party agreement; and it will be extremely difficult for this applicant to front the expenses for 18 months then find out at the end of the 18 months that he has to pay from his pocket half the contract term. He stated if the Board wants to take the profit margin and make that an issue, that would be one thing. Chairman Higgs stated profit is his business and not her business; she is not going to get into his profit; if he has a reasonable cost, and he produces 12,000 rooms, he gets his money with no question; but if he does not produce the 12,000 rooms, then the consequence is there. She stated she will not get into his profit margin and does not care because it is none of her business.

Commissioner Ellis inquired if the consequences would be based on room nights and not months of the contract; with Chairman Higgs responding yes. Commissioner Ellis inquired why penalize him six months if he comes up with 11,999 room nights. Chairman Higgs stated $7,353 times 7 equals $51,000 roughly, and that is the penalty for not producing; and he gets 2/3rds and the County keeps 1/3rd. Commissioner Ellis inquired if he would be penalized for getting 11,999 room nights; with Chairman Higgs responding he either produces or does not produce; and this is a business deal. Commissioner Ellis recommended straight commission per room. Commissioner Cook advised he understands what Chairman Higgs is talking about; and inquired if this needs to be done today because there are other concerns. Commissioner Ellis stated the penalty should be commensurate with the shortfall. Chairman Higgs stated for every percent under, he pays the County back. Commissioner Ellis stated if he was l0% short on the rooms, he would be out l0% of his fees. Commissioner Cook stated he hates to negotiate as the Board speaks; and inquried if it needs to be done today; with Mr. Varley responding the Board authorized him to negotiate and work the best contract he could; they did put a lot of clauses in the contract that were not there and changed it quite a bit going back to a sports commission where they answer direct to the TDC; and the bottom line is if the Board were to ask the contractor if he would sign a contract the Board is discussing, he does not think he would agree to sign, and the TDC would be without a sports marketing program. Commissioner Cook stated he has a problem with that coming from Mr. Varley and not from the applicant; and inquired if this could come back at the next meeting. Chairman Higgs stated if the majority of the Board is happy with the contract, then they can go for it; but if they want to see some performance measures attached and consequences of not producing, it can direct staff to do it. Commissioner Ellis stated he wants to make sure they are reasonable and a percentage is fair; and if he achieves 95%, then he should get 95% of the money.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to table the Agreement with The Buchanan Company, Inc. for sports promotion and development services until May 2, 1995. Motion carried and ordered unanimously.

DISCUSSION, RE: PRETRIAL RELEASE SIGNATURE BONDS

Commissioner Ellis advised the County has signature bonds, but when people skip, it never goes after the property that is pledged as collateral on the signature bond; so he does not see what the point is and why the County cannot go with cash bonds especially where there is a history of failure to appear. He stated it is cheaper to have a bondsman pick someone up than to send a deputy after them; and there will be money to pay to pick that person up with a cash bond.

Chairman Higgs inquired what will this do for the jail population; with Assistant to the County Administrator Yvette Parker responding it is undetermined at this time; signature bonds are utilized by courts as a way of release; if someone is not released and signature bonds were done away with, they would have to decide to release them on their own recognizance or impose a cash or surety bond, at which time the individual would have to post bond; and if the individual could not post bond, it could increase the jail population.

Commissioner Ellis stated from a practical point of view if a person cannot get friends to put up $50 for a $500 bond, what is the likelihood he is not going back on the street and commit the same kinds of things that put him there in the first place. Ms. Parker stated signature bonds are of all numerical amounts. Commissioner Ellis stated none of them are ever collected; with Ms. Parker responding the County Attorney's Office could motion the court and get a judgment against the individual who fails to appear, and then incorporate that in the collections; and if the court imposes a lien, then they could go after them. She stated if the Courts impose a judgment after being motioned, she does not know who the proper party would be, but she assumes it would be the County Attorney's Office; with County Attorney Scott Knox responding that is correct. Commissioner Ellis stated the program seems to be a total failure if they will not go after the property, so why not make them put down a little bit of money so the County would have some cash to pay for a deputy to pick them up. Ms. Parker stated it is a release form the courts use in this system; and she is not sure whether the Board can make the assumption that they can post bond if the judge imposes a signature bond.

Chairman Higgs inquired if the County Attorney, through a collection agency, can achieve the collection; with Commissioner Ellis responding if it is something they put a lien on, how good is the lien and how long will it last. He inquired if they put a home up, can they lien a homestead and get anything. Mr. Knox stated assuming it is a judgment, then it is good for 20 years. Chairman Higgs inquired if the County could get that; with Mr. Knox responding he assumes it can, but he would have to talk to the people who handle the courts.

Commissioner O'Brien stated in going through the bills he finds just the recorder for a trial was $1200 or $1500 just for a transcription and two court orders; now they are looking at a collection agency that will take 6% or whatever; and inquired how much will the County spend if the guy does not have any money to begin with and does not show up for trial. He stated turnstile justice does nothing more than to eat up dollars; so there must be a better way. Commissioner Ellis stated if they go with a cash bond he has to put money up. Commissioner O'Brien stated if he beats up a tourist and cannot pay the bond, it will go back to the jail population problem. Commissioner Ellis stated if he is put back on the street, he will beat up another tourist, so it is cheaper to put him in jail than on the street.

Chairman Higgs inquired if the Board can force the judges to do anything; with Mr. Knox responding if it is a forfeiture of a bond, the Board could get action from the judges because there may be a statutory requirement that they do something at that time. Chairman Higgs stated in terms of forcing them to do the cash bonds, it cannot force that; with Mr. Knox responding it could ask but cannot force it. Commissioner Ellis stated when there are judges with histories of failure to appear and they release them on signature bonds, then clearly there is a problem. Commissioner O'Brien recommended getting together and developing a system for the County. Chairman Higgs stated there is a mechanism for doing that through the Public Safety Coordinating Council. She recommended asking the County Attorney to research the Board's ability to collect through a collection agency and refer this to the Public Safety Coordinating Council for their input.

Mr. Jenkins advised the Council consists of the Chief Judge, representatives of the State Attorney and other court offices, so all the court players are on that Council; and that would be the forum to discuss it as Commissioner O'Brien suggested.

Commissioner Ellis stated the signature bond and failure to appear have been going on for a few years, so why has the Council not addressed it; with Ms. Parker responding it is not designated as to who is responsible for that; there is no oversight of that issue; and that is the problem. Commissioner Ellis stated he cannot understand how a judge could give someone a signature bond when previously they were given signature bonds, released, and did not show up; and with a cash bond at least there would be money to pick them up with. Commissioner Cook stated maybe the Board could have Commissioner Ellis attend the Council meeting on behalf of the Board and come back with a report. Commissioner Ellis stated he would love to because he wants to hear why there is this kind of set up.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to authorize Commissioner Ellis to attend the Public Safety Coordinating Council meeting on behalf of the Board and return with a report; and ask the County Attorney to pursue it from the angle of how the County can achieve collection. Motion carried and ordered unanimously.

DISCUSSION, RE: GUN RANGE FACILITIES

Lou Rossi, 460 Penguin Drive, Satellite Beach, advised in the last ten years he does not remember anyone being injured on a gun range, but there has been a lot of talk about people shooting into a house in Port St. John and Canaveral Groves; he owns an AK-47, SKS 45, three 22's and assorted other things; there is nowhere to shoot them except the NASA range which is a closed range that he goes to as a guest; and there is no other place he can go to. He stated he spends a lot of money for his collection and ammunition; shooting is an Olympic sport, and not something someone goes out in the woods to do; he shoots about 500 rounds on a Saturday afternoon when he goes to the range; and that is a fair amount of ammunition and money. He stated this is good business for the County; getting children to the gun range will provide a lot of discipline from the range master on how to do things; and when children see adults obeying the same rules they have to obey, it puts discipline in their lives. Mr. Rossi stated he is all for the gun range; and if there was a fraction of the gun ranges that the County has golf courses, there would be a lot more safety, not as many accidents, and people would have more respect for their weapons.

Joseph Stadnik, 3422 Angelica Street, Cocoa, representing Canaveral Groves Homeowners Association, advised he noticed the gun range would take 50 acres of land and $450,000; in many states gun ranges are run by private enterprise and not the government unless it is for police or military; and Great Lakes has one that he used when he was in the Navy. He stated the Supreme Court looks at guns differently than people do; he does not own a gun now but he did; in California someone used an automatic weapon and eliminated a few people's life expectancy; the people are suing the gun manufacturer; and inquired why should they not sue the ones who are training the people on how to use the guns. Mr. Stadnik advised there are a lot of people in the United States who would rather have money from someone else's experience or labor and from the death of some loved ones; he has a solution to the 50 acres and $450,000; Canaveral Groves is 30 square miles and has 1,000 homeowners; and they do not have any parks. He stated he talked to Mr. Nelson of the Parks Department and Commissioner Scarborough about parks; they have no parks and children play in the streets; when they get run over by a vehicle he cannot say to the people they should have their children play in the park and they would not be run over because they do not have any; and that is what he would like the Board to do with the money is use it for parks that are needed especially in the Groves. Mr. Stadnik stated he went to the meetings with the Parks Department in Cocoa and will go to the next meeting of Cocoa City Council on parks; he knows they cannot get a park yesterday or the day before yesterday, but maybe tomorrow they could; and that is what they want.

Norma Savell, 3500 S. Courtenay Parkway, Merritt Island, stated she disagrees with the last speaker because there are parks everywhere in the County, and some people think there are too many parks. She stated she saw a lady on television who said she was in an area where people were slaughtered, she was a licensed gun owner, and if she had her gun with her at the time, her parents would still be alive because she could have stopped the man who killed so many. Ms. Savell advised she and Micah are in support of a gun range; there are a lot of Brevardians who are licensed gun owners; it is their Constitutional right to have guns; and they need a place to practice.

Commissioner Ellis advised people who buy firearms pay a tax collected by the federal government; the only way to get it back is to apply for a grant through the Game and Fish Commission to develop a gun range; there are three potential sites that could be used for a gun range; and the one he likes is behind the jail. He stated gun ranges are mostly earth-type structures; and if they decide to expand the jail, they can remove the gun range. He stated there is no cost to the County; people who pay the excise tax when they buy firearms would get some of that money back; the County has the land that is not being used; and if they need to use it, they can bulldoze the gun range. Commissioner Ellis advised the Titusville Rifle and Pistol Club has a contract to operate the gun range in Mims; so the County can have the range built at no expense on land it currently owns, and have it run by a club at no expense. He stated he does not understand why the County does not move forward and see what it can get; and if it will cost the County hundred thousand dollars, then they would drop it. He stated if it could be paid for by the tax through the Game and Fish Commission and could be run by a local club for a minimal fee to the public on land the County owns, there is no point not moving ahead and investigating it further.

Commissioner Cook advised he is a strong supporter of the Second Amendment; he was the range master at Wickham Park when there was a gun range there; and he has no problem with guns or people having guns and using them correctly; but his concern is that with any gun range and by virtue of the County being a deep pocket, any problems that arise will come back on the County which means the taxpayers. He stated there were numerous complaints at Wickham Park from homeowners as far away as a mile, claiming all sorts of things that did not happen; it was a constant thing; he is sure they could find an area for the gun range that is remote enough not to impact neighbors; but his concern is the liability of the County. He stated there are issues the Board needs to address; he cannot see why the private sector cannot pick up if there is a shortage of places to practice with a weapon; and it should not be a County responsibility.

Commissioner Ellis stated the point is government already takes taxes from the people when they buy firearms; the only way they can get that money back is to apply for it through the Game and Fish Commission; and whoever operates the range can carry liability insurance. Commissioner Cook stated he understands and respects Commissioner Ellis' position; however, there is a tremendous liability; all sorts of people will come there because it is a public range; and most of them may be very responsible and will follow the rules, but there will be people in all sorts of conditions and anything can happen. Commissioner Ellis inquired how are liability issues handled in Mims; with Parks and Recreation Director Chuck Nelson responding they have a contract that requires liability insurance at one million dollar coverage. Commissioner Cook stated he cannot see how the County can be totally excused if it is a County gun range; it has to be staffed with trained and certified people with credentials; and if not, the County will inherit more liability because it gave it to a gun club with people who were not responsible or properly trained; so they will come back on the County.

Commissioner O'Brien advised it is a way to get the tax money back; but before he can consider getting into the gun range, he wants to make sure there is enough money from the tax to do it because the citizens who do not own weapons or are opposed to them should not pay for it. He stated he can go along with it provided the Board does not make plans for a gun range until it knows the funds are available as a return on their taxes. Commissioner Ellis stated if the County cannot get the funding, then that is the end of the project. Commissioner Cook stated the County may get the one time funding, but it has to staff it or contract it out forever. Commissioner Ellis stated if they cannot contract it out, then they will shut it down. Chairman Higgs stated if the County accepts federal dollars, it would accept responsibility to continue to operate the facility for a certain period of time, and any option for that land would be lost for that period of time. Mr. Nelson advised grants normally require some length of time; typically it is 25 years; but he does not know the specifics on this grant and would have to get that information.

Commissioner Ellis advised people are paying federal excise tax on sporting weapons and ammunition they purchase; and this is the only way they can get their money back.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to direct staff to proceed to look at the possibility of setting up a gun range facility with conditions that it be on land the County currently has, the federal excise tax grant will have to pay for the whole facility, and the County contract out the operation of the range.

Commissioner O'Brien advised he took his 11 year old son to the gun range and taught him how to use a weapon; he will not shoot anyone because he knows bullets are real and kill people; he knows how to handle a gun safely; and without the gun range he could have been another jerk on the street with a gun in his hand. Commissioner Cook inquired if it was a private or public range; with Commissioner O'Brien responding it was KARS and PAFB.

Chairman Higgs inquired what is the demand on the six or seven private gun ranges that exist in the County; with Mr. Nelson responding he does not have that information; several are for police agencies and controlled by them; and they do not have information on the commercial ones.

Commissioner Cook stated if there is a demand for something, free enterprise would take care of the demand; it is not the County's responsibility to provide all sorts of entertainment for all sorts of people; and if a private individual wants to start a gun range, and there is a demand for it, he can start one and make it profitable. Commissioner Cook stated there are several private gun ranges in the County; he has been to a few of them and they are well-run facilities; so he does not see why the government has to be involved in this. He stated he has not had one person call his office requesting a gun range. Commissioner Ellis stated he does not disagree, but government collects taxes for a certain purpose, and there is an obligation to use that money for that purpose. He stated he would prefer to get rid of the federal excise tax.

Chairman Higgs advised the motion is to direct staff to further the investigation of obtaining and using excise fees and where they may do that so the gun range could be a possibility, but not with County dollars; and called for a vote on the motion. Motion carried and ordered; Commissioners Cook and Higgs voted nay.

AWARD OF BID #B-2-5-68 AND AGREEMENT, RE: MINTON ROAD WIDENING PROJECT, FROM MALABAR ROAD TO EMERSON DRIVE

Commissioner Ellis advised he does not want all the change orders to pile up at the end of the project; he does not have a problem with pay as you go on the change orders; but they need to come to the Board as soon as they happen and not at the end. He stated he can see where they have to make a change in the field and cannot get to the Board for two weeks; but the Board needs to see it as they go along rather than have them accumulate till the end of the project.

Commissioner Cook advised it is the Board's responsibility; $747,000 is a huge amount of money; the Board has the responsibility to the public to be monitoring that; so if there are change orders, they should come to the Board. He stated with the County Charter, the Public Works Department is authorized to approve change orders; however, it should be the County Manager or his designee; and he can designate the Public Works Director.

Commissioner O'Brien advised if the Board gives staff the authority to approve change orders and not come to the Board every time, they can cap it at 10% of the $747,000 which would be $74,700; and all the rest of the change orders would have to come to the Board. He stated it is time to cut staff loose and get the job done; they have professional people who are not going to make side deals with contractors; and the Board may costing itself by forcing them to come to the Board each time.

Chairman Higgs advised she cannot accept the language of authorizing Public Works to approve construction change orders; in recent years the County has not been flying through any of its major projects without problems; it had some criticism with the stadium and change orders and how that all worked out; and they made major changes in the Public Works Department and management of road projects. She stated they now have Public Works managing roads as opposed to Engineering; the Board made a lot of changes; and she is not ready to turn loose of the change order process at this time. Chairman Higgs stated until they have proven they can manage what they have going, she cannot support the language; she does not know of any project that has been stopped because of the change order process; they have been allowed to proceed when there were problems and they needed immediate approval; so they have gone forward and done them and gotten authorization from the County Manager to sign off on up to $25,000; and the Board is not exactly tying them to anything. She stated the Board has the responsibility to sign contracts, and she is not sure it can abdicate that to anyone because change orders change the contracts that are signed by the Board. She stated she has to see a proven record, with the new management system, that they are able to manage projects; and she cannot support the language because the Board should keep a tight control on projects.

Commissioner Cook advised it is not a matter of trust with staff; it is over $700,000; and the Board is obligated to keep track of change orders, so he cannot support this either.

Commissioner O'Brien stated there is language the Board can use to help everyone out if it is willing to open up its mind a little; it could cap the change orders at 10%, and have the County Manager notify Commissioners by fax of any change orders made and the values; and the County Manager will be held ultimately liable so he will look over the projects very closely before he okays them. He stated it would be a substantial reduction in paper work and time; and at the same time the projects will go forward. He stated the Commissioners will be notified of each change order as it occurs; and if they do not like it, they can chastise backwards. He noted some are extremely minor and the Board should not be involved; and it pays staff to do their job, so it should let them do it.

Commissioner Cook stated the Board's job is to keep an eye on the purse strings, and that is the big thing; the ultimate responsibility will fall with the Board; and people are not going to say Mr. Minneboo approved the change order. Commissioner O'Brien stated if the Board is going to watch the purse strings, it should be aware of every purchase made for office supplies, telephones, etc.; with Commissioner Cook responding this is $700,000 which is a big difference from a bunch of pencils. Commissioner O'Brien stated he is talking about 10% of that and not the entire $700,000.

Chairman Higgs inquired if Commissioner O'Brien is suggesting allowing staff to approve 10% of the $700,000 and the rest of the change orders come to the board; with Commissioner O'Brien responding yes.

Public Works Director Henry Minneboo advised staff would like to have the Board approve the low bidder, Ranger Construction, for the project; unfortunately, only two bidders participated; the terminology on the change orders could be changed to modifications; and a change order is not always negative, as reflected on the Wickham Road project, where many were on the plus side. He stated changes occur on every project; they are requesting authorization to make the changes in the field that are necessary when they become apparent; and they would hope the system would notify the County Manager who would disperse the information to the Commissioners simultaneously. Mr. Minneboo advised they would keep a running log of everything that transpires on the project; and on many projects there are delays because they have to do an Agenda item, bring it to the Board, and do not know if it will be approved or not. He stated they will make every attempt to keep the Commissioners knowledgeable of what is going on; they have the mechanism to address each and every issue as they come out or become evident in the field; and that is what they were hoping to accomplish. He requested the Board approve the low contractor and address the change orders.

Chairman Higgs inquired how many projects have been stopped in the last three years due to the change order policy; with Mr. Jenkins responding he does not recall any specific project in recent months being stopped. He stated the Board revised the change order policy, and there are provisions for scenarios where there is going to be an interruption or shut down cost that gives staff more latitude in those areas.

Commissioner Cook indicated the Board did make provisions and gave the latitude staff needed not to shut down a project, but allow the Board to fulfill its responsibility; and he would like to keep it that way and sees no need for a change.

Chairman Higgs stated she wants to keep it that way also; change orders are ways for the profit to be increased; some are good and some are bad; but she wants to make sure the Board is fully advised with major projects and kept in tune, so she cannot support the language presented. She stated she will support the low bid; it is interesting that there is such a huge range between the two bids; and the Board has to really watch the project because of that.

Commissioner Ellis stated his personal opinion is that Ranger Construction will be doing a lot of repaving in Palm Bay and has an asphalt plant at Valkaria; and because of their proximity, their bid came in at a lower price.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to keep the change order policy the same; award Bid #B-2-5-68, Minton Road Widening Project, from Malabar Road to Emerson Drive, to the low bidder Ranger Construction at $4,453,739.07; and authorize the Chairman to execute the Agreement with Ranger Construction. Motion carried and ordered unanimously.

DISCUSSION, RE: ANIMAL CONTROL INVESTIGATIVE PROCEDURES

Commissioner Ellis advised Mr. Hays' cat was reported as being loose, and he was given a citation for a loose animal; evidently, four or five people on the same street had the same type of cat because they all came from one litter; so the citation was based on a neighbor saying his cat was in her yard. He stated currently a person can fill out a sworn notarized statement saying he saw another person's dog in his yard, and the owner would get a ticket; and if they go to court, nothing will happen to the person who reported it, so the rules enhance neighbor wars. He stated he would prefer the loose animal be seen by Animal Control, police, fire, or Code Enforcement officers, someone independent of the neighbors; and that is his concern about the way it is set up now.

Chairman Higgs inquired what happens now, and what does it mean in terms of having to observe the event. Animal Control Supervisor Robert Griswold stated he does not understand the question. Chairman Higgs advised the issue is that they would have to see the violation before a citation is issued. Assistant County Manager for Community Services Joan Madden advised that is one way a citation can be issued, but there are others; if an officer of the law or Animal Control officer or anyone else sees the loose animal, that also can happen; and the current Ordinance does allow probable cause. She stated if a signed and sworn affidavit is produced, then a citation can be issued; and the way that is being implemented in the street is that it can be officer discretion.

Commissioner Ellis stated he cannot call Sheriff Miller and report a person speeding on I-95 and get that person a ticket, yet he can call Animal Control and say he saw a person's dog in his yard and get that person a ticket; so there should be someone, independent of the dispute, witness the violation. He stated the bites are followed up by whoever treats the victim. Ms. Madden stated it is part of the current Ordinance, and to change it would require an amendment to the Ordinance. She stated the other side of the issue is if someone lives next door to a barking dog and cannot sleep, there is no mechanism for the County to do anything other than for the person who is aggrieved to sign an affidavit and go to court with that; so there is a positive side as well as a negative side.

Discussion ensued regarding enhancing neighbor wars, being able to have someone issued a citation and having to go to court just by one person signing an affidavit, no penalty for the person who fabricates the violation and no recourse, the possibility of obnoxious or rabid dogs running loose, and requiring a photograph as proof of a dog in someone's yard or committing a violation.

Commissioner O'Brien stated he understands what Commissioner Ellis is saying, but he supports Commissioner Higgs because the public has to have relief somehow; and if the dogs are running around the neighborhood, and a person calls Animal Control saying he saw a dog chasing children, and the owner got the dog 15 minutes later back in the house, when Animal Control comes, they will not see a dog; and the next afternoon the owner lets the dog out again and it chases the children. He stated it can be absurd; and a child may be knocked down and slobbered on by the dog before someone can get a camera. Commissioner Ellis stated maybe the dog never left the property and he is angry at the neighbor for some reason and he had that case where they kept calling about the man with a cat; Animal Control showed up, posted notices on his door, and threatened to take the animals away; and it is not right. He stated he does not like anonymous Code Enforcement complaints either; and a sworn statement does not provide for a penalty if the person lies.

Commissioner O'Brien stated judges can pick up on that very quickly. He stated the good side of the Ordinance throws out of balance the bad side.

Commissioner Cook stated he understands what Commissioner Ellis is saying; if a dog is running loose, the Animal Control officer could be called out to witness the violation; there could be times when a neighbor could be angry at another neighbor and harass that neighbor by issuing complaints; and from a citation point of view, there should be something more substantial than one neighbor complaining. He stated there should be a mechanism where there would be corroboration other than just an affidavit. Ms. Madden stated cases are more solid if several neighbors do the same kind of affidavit because normally more than one person in a neighborhood sees the violation and it goes on for an extended period of time. She stated she has references of barking dogs and dogs that are put out when people come home from work that cause nuisances. Commissioner Cook stated rather than having one neighbor to issue a citation, if there was a minimum of two neighbors witnessing the offense, he would be more comfortable. He stated it is sad to drag someone into court; and in essence it is like one neighbor issuing a citation to another.

Commissioner Ellis advised there are people who use County agencies to get even with their neighbors; generally Animal Control and Code Enforcement are used; and sometimes the Sheriff is used, but not too often. He stated they can make charges that cannot be proven which is not right; and if it is a recurring problem and the dog is always loose, it would not be difficult to snap a picture of the dog in a person's yard.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to amend the Animal Control Ordinance to delete "notarized statement from a witness constitutes probable cause to issue a citation," and "A sworn/confirmed statement is needed"; and to change "Breaking of quarantine need not be observed by the Animal Control officer," to "Breaking of quarantine needs to be observed by an Animal Control officer or someone in Public Safety"; and return to the Board with the proposed ordinance. Motion did not carry; Commissioners Ellis and Cook voted aye; and Commissioners Scarborough, O'Brien, and Higgs voted nay.

PERMISSION TO AWARD NEGOTIATED DISCOUNT AGREEMENTS AND ISSUE OPEN PURCHASE ORDERS TO VENDORS OF RECORD, RE: HARDWARE, GARDEN TOOLS, AND POWER HAND TOOLS

Chairman Higgs advised approximately $234,000 is being expended to buy discount items at various vendors; they have negotiated discount agreements from vendors; and staff wants the Board to authorize open purchase orders within the budgeted funds which amounted to $234,000 last year. She stated she can understand cases in which they have to go to a hardware store to buy items, but $234,000 is a very large purchase; and the Board needs to tighten this considerably so they far less frequently use this type of purchasing. She stated 10% discount at a hardware store may be a significant increase over something that could be purchased someplace else in a different situation; so she cannot support going this far. She recommended sending it back to staff to come back with controls on this item and decrease it.

Central Services Supervisor Roger Donnelly advised it has been the norm for the last four or five years; they do not stock anything in the warehouse anymore, so they have to buy light bulbs, electrical supplies, and anything in small quantities; and they buy everything short of safety supplies from the vendors.

Commissioner Ellis stated this makes sense. Commissioner Cook inquired if there is a problem reworking it. Commissioner Ellis inquired what is the Board looking at; with Chairman Higgs responding they are buying 10% of retail for $234,000 worth of stuff; the County should never buy retail; it should buy wholesale; and it buys large enough quantities of light bulbs, fixtures, and things. Commissioner Ellis stated to do that there is additional cost of breaking bulk, stocking, and distributing in a warehouse. County Manager Tom Jenkins advised they did stock the warehouse with three or four people. Commissioner Cook stated 10% is not a big discount; anybody can get 10%. Mr. Donnelly stated the County gets better than 10% in some of the places, this is just a standard they try to get from the vendors; in some cases some of the vendors on the list of open purchase orders are not used that much because of the locale; and it would be simpler to go to them than to drive back to the mainland from the beach side to get something. He stated the system is set up so that on the weekends, at nights, at anytime during a 24-hour period, if something breaks, these people can go in and buy whatever they need to fix it, whether it is a toilet at one of the parks, light switch, light bulb, etc. without having to go back and get a purchase order or stocking the items at various locations at Road and Bridge, Recreation, etc. He stated they can essentially use the vendors as a warehouse.

Chairman Higgs stated if there is an emergency in a park which needs to be fixed, she has no problem with that; just in time and inventory it makes sense to her; but going into a small hardware store to pick up parts does not make sense because they will pay retail. Commissioner Ellis stated there is a carrying cost associated with the retail by the vendor. Commissioner Cook stated this was the discount requested; and inquired why was a bigger discount not requested. Commissioner Ellis stated some did give bigger discounts.

Commissioner Cook suggested making it competitive saying they will deal with the person who gives the largest discount and let them come back. Mr. Jenkins stated they can always come back and see if somebody else will match it, but the point Mr. Donnelly also made is if they are down in the South Beaches and need a part, it would not make sense to drive back to Home Depot. Commissioner Cook stated governments do not negotiate aggressively; and inquired if there is a mechanism to make it more competitive rather than asking for 10%. Mr. Jenkins stated that is correct, they do not negotiate because the public procurement process typically does not allow them to negotiate. He stated they could take the low bids and try to negotiate with vendors, if the Board would authorize it; but the public process is as they bid it, and they cannot change it. Commissioner Cook stated this was not bid, it was a request of 10%, which almost anybody would be willing to give. Mr. Donnelly advised Purchasing calls all the vendors in Brevard County that supply tools and negotiates a percentage of discount; they start a lot higher than 10%, and found a number of the larger vendors like Travis and Scotty's, etc. would not go; so they would be losing the better price vendor and going with the higher priced vendors that are local; and even with the 10%, 20% or 30%, they could still get it cheaper at Scotty's.

Chairman Higgs stated they are buying a hand tool off the shelf at 10% discount; and if she went into most any place and on a wholesale arrangement to buy a hand tool, she would not pay 10% off the retail. Mr. Donnelly advised in most cases they get better than 10%, but what they asked for is a guaranteed across-the-board 10%. He stated in some cases they get 20% and with Nelco they get even better on certain items. Chairman Higgs stated they should go to Nelco then; but if she wanted to buy a sander, she would go where it is most convenient to her and not to the person who is giving the County the best deal; so they need to tighten up the way they are using this procedure.

Mr. Jenkins advised for planned purchases that is true; when it comes to buying drills, saws, electric stuff, they could go to those places where they know they will get a better discount; however, they have to leave the flexibility that if it is an odd hour or if they are in a remote location and something breaks and they do not have another one, they can go and buy it. Commissioner Cook inquired what can be incorporated in the policy to tighten it up; with Mr. Jenkins responding they will look at it.

Commissioner O'Brien stated if two men are in a truck in Cocoa Beach and a contract is with Scotty's and only Scotty's, by the time they drove the truck from the south end of Cocoa Beach and up SR 520 to Scotty's to get the part that may not be in stock, when they get there, and if their pay is $8 to $10 an hour, they have just spent $25 in time alone let alone overhead and other things. He stated they are just going to buy a box of nails, screws and bolts, or a drill bit, and not a major appliances; and if they are, they need to call Mr. Jenkins first. Commissioner Cook stated maybe that is the point, they may be larger items. He stated he is confident the County Manager can tighten it up; and he does not disagree if they are in Micco and need a tool, they should go to the closest place. Commissioner O'Brien recommended putting a cap of $200 in any given 24-hour period.

Chairman Higgs directed the County Manager to find ways to tighten it up and come back in two weeks.

FINAL ENGINEERING APPROVAL, RE: PINEDA CROSSING, PHASE 3

Jo DeSouza, 3051 Pineda Crossing, Melbourne, homeowner at Pineda Crossing, advised Phase 3 has been approved by the County for completion; Phase 2 has been developed; and Phases 4 and 5 are questionable because of a rare woodpecker that may prohibit development. She explained a plan of the development showing a secondary access road; and requested approval of a temporary road for heavy duty equipment coming in.

Commissioner Ellis stated they may have a problem with Fish and Wildlife; with Ms. DeSouza responding according to Zoning the County would not prohibit the building of the road but perhaps the homes. Commissioner Ellis stated they have not asked to put the road in; with Ms. DeSouza responding they are not in the position yet because the initial phase is the only one finished; and they do not have voting rights at the homeowners association, so they came to the Board to see if it could help them get the road open to alleviate the traffic. She stated Pineda Crossing Drive will be turned over to the County for maintenance; they are afraid Phase 1 will have to pay to refurbish the road; and if the access road alleviates the heavy traffic, it will not tear down Pineda Crossing Drive.

Chairman Higgs inquired if the access road is part of the developer's guaranteed infrastructure; with Assistant County Manager for Community Development Dean Sprague responding yes, it is; and the road is programmed to go in when Phase 4 is constructed. Chairman Higgs inquired if there is a way to force them to do that; with Mr. Sprague responding a lot of the traffic is generated by people who are trying to construct the project; so staff could revisit the possibility of having them temporarily put an access road in and not use the main access. Chairman Higgs inquired if the condition of the road would be altered by the use of heavy equipment; with Mr. Sprague responding the County will accept the road when it meets County standards, and it is the responsibility of the developer to bring it to standards before accepting the roadway. Ms. DeSouza advised that acceptance may be requested shortly, and they do not know if Phases 4 and 5 are going to be built. Commissioner Ellis inquired if Ms. DeSouza knew when she bought her home that they were going to continue building homes; with Ms. DeSouza responding yes, but they were told the access road would be cut through; and that rendition was given to all the sales people by a builder.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct staff to meet with the developer of Pineda Crossing, to determine if there is a way to alleviate the traffic and if they can do a temporary access road.

Commissioner O'Brien stated this happens often in Brevard County where people move into a subdivision and are given promises by sales people; and when it comes down to the final wire, the contractor gets greedy or runs out of money. He stated that happened in Villa DePalmas, and they are still waiting for the bridge to Lewis Carroll that never existed and a pathway around a holding pond that was never built and will never be there. Ms. DeSouza stated the developer is trying to work with them, but they hit a brick wall with the road because he hit a brick wall about the two phases he had planned to build.

Chairman Higgs advised staff will look into it and keep Ms. DeSouza advised of the condition. She inquired about the road deteriorating because of heavy trucks and how the County can be protected from all the trucks ruining the road; with County Development Engineer Mahmoud Najda responding that is a concern; and that is why in the new ordinance they are increasing the pavement thickness and road structure to accommodate construction traffic. He stated with this project, there will be a two-year maintenance bond requested on the development; and should the road deteriorate, then the developer is required to come back and bring it up to County standards. Chairman Higgs stated the road will be bonded so the County would have the ability to do that. Ms. DeSouza stated they are concerned about the confusion from all the traffic and safety of the children. Chairman Higgs asked Ms. DeSouza to advise Commissioner Cook's office of the particular times that the traffic is the worst, and when people are exceeding the speed limit, so he can ask for additional surveillance.

Commissioner O'Brien inquired if they are supposed to stick to the plan when they submit it to the County; with Commissioner Ellis responding the Fish and Wildlife people said there is a woodpecker. Commissioner O'Brien stated it did not say they could not build the road, it just said they cannot build houses; and the road is still in the plan. Commissioner Ellis stated when the woodpeckers leave maybe they can get it done. Mr. Najda advised each phase has to stand on its own and come in for review process and approval separately. Mr. Sprague advised when they assess any phase of a project to determine what may or may not be needed, each phase, including all infrastructure requirements, must be sufficient so that if the project fails, what has been constructed will function at that current level and stand on its own.

Commissioner Scarborough advised since the road is part of Phase 4, the County has no legal right to require it at this time; therefore, the Board wants to go back and say it wants to see it there; but it is not in Phase 3; so it is not relevant to that being approved. Mr. Najda stated the road is not part of Phase 3, but they will require it be constructed in Phase 4 when it comes in for development. Commissioner Scarborough stated it would be after Phase 3 ,so there will be problems with the main road being destroyed with trucks coming through.

Chairman Higgs advised the motion is to meet with the developer on those issues; and called for a vote on the motion. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to grant final engineering approval for Pineda Crossing, Phase 3, subject to minor engineering changes as applicable, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING PRESERVATION 2000

Commissioner Cook advised paragraph 1 of the resolution urges the State of Florida to implement a permanent funding source for the program; that is a permanent tax stream; and it is a long-term commitment. He stated the resolution also says establish a strategic plan for long-term land management and state and local management partnerships; the management issue is a cannon that is waiting to blow up on the County; at some point it will cost millions; and that is why he has a problem with the resolution.

Chairman Higgs inquired if Commissioner Cook would like to amend the resolution or not vote on it; with Commissioner Cook responding he can live with part of the resolution. Chairman Higgs inquired if Commissioner Cook wishes to urge the State to appropriate funding for Preservation 2000 for the coming year. Commissioner Cook stated he can go with the resolution, including paragraphs a, c and d, and deleting paragraphs b and the second d.

Commissioner O'Brien advised he heard those types of funds are going to be cut, and CARL Program will be put in the dumpster; and that is what they are worried about. He stated the money is very important to the EELS Program; they are paying 50% for the properties they are trying to buy and 100% of others; so the County is getting a return on its taxes.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to adopt Resolution supporting Preservation 2000 as amended to delete paragraphs 1.b. and the second d. Motion carried and ordered unanimously.

RATIFY MULTI-PARTY ACQUISITION AGREEMENT WITH FDEP AND CONFIDENTIALITY STATEMENTS, RE: ARCHIE CARR CARL PROJECT

Commissioner Cook requested clarification on the appraisal process and what specifically is being changed in the original Agreement; with Dr. Duane DeFreese, EEL Program Coordinator, responding the appraisal process has not changed at all; and the revision is to include properties that had been shifted from the original Maritime Hammock Project to the Archie Carr. He stated it moved projects that were covered under the Maritime Hammock to a project that the County did not have coverage on; to insure that matchings are secured in the future, the County needs to be sure it has full overlapping with multi-party acquisition agreements for all properties; and this extends the umbrella across all those properties so that there are no gaps.

Chairman Higgs inquired if this expands the County's properties that it can be reimbursed for; with Dr. DeFreese responding yes, and it expands the County's ability to work with the State on properties where it has appropriated money but cannot get to the properties to spend the money. He explained an example of property west and east of A1A, where the west side may be in Maritime Hammock and they administratively shifted it to Archie Carr, thereby pulling outside of the original multi-party Agreement under the Maritime Hammock. He stated it sets up a technical issue that they can come back on the County and say the State's multi-party Agreement for Archie Carr is one the County is not part of and not recognize the County's appraisals, so they would have to re-appraise the property; and this agreement puts the County in a position where that could not occur.

Assistant County Manager for Environmental Services Stephen Peffer advised this allows people in Brevard County to deal with local people on the acquisitions as opposed to waiting for the State to come in, and would cover all the Archie Carr properties.

Commissioner Ellis inquired if what brought this on was the parcel south of Melbourne Beach below the RV Park that straddles A1A; with Dr. DeFreese responding both sides are in Archie Carr as a boundary amendment; but all of the Coconut Point properties, the Harold Jacobson tract, and other tracts, when they shifted those to Archie Carr, they put the County in a position to leverage negotiations to get more than 50% match, but left it uncovered by a multi-party agreement; and what this does is give the County full coverage to not only utilize the money as much as it can with local staff support, but also to make sure it does not get caught having to re-appraise properties when it asks for reimbursements.

Commissioner Cook inquired what is the term of the agreement; with Dr. DeFreese responding it is indefinite as long as the project is in place; the Preservation 2000 Act terminates in the year 2000; and it is staff's expectation that funding will terminate then as well; so, as long as the State or the County is buying land in the authorized projects, this would be in place. Commissioner Cook inquired if this changes any process with the Division of State Lands; with Dr. DeFreese responding no.

Norma Savell advised they do not know much about this one because they have not seen it, but what bothered them was the confidentiality statement; and they feel if it is done with tax money, there should be no secrecy and they want to know everything; and that is the only statement they have on that.

Dr. DeFreese advised Florida Statutes that govern land acquisition in the State of Florida have set out all the negotiation terms and appraisals outside of the Sunshine Law; what that does is enables staff to negotiate in a fair market like the private sector without having to reveal the numbers on the appraisals; they negotiate it as best they can from a governmental position and get the best deal they can for the taxpayers; and to state the appraised value in the public record before they go to negotiation would make it impossible to do that in a competitive manner; so they are covered by Florida Statutes. He stated the State does not recognize any appraisals that become part of the public record; so they cannot work through Preservation 2000 or a State process for reimbursement without confidentiality. He stated the confidentiality comes off when they come to the Board and ask for permission to move a contract forward; at that point all the terms and appraisals become part of the public record and are available; and there are a number of citizens who come in to see those.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to ratify the Multi-party Acquisition Agreement with Florida Department of Environmental Protection and approve the Confidentiality Statements for the Archie Carr CARL Program.

Commissioner Cook advised it says, "DSL will determine when the passage of time has rendered the conclusions of value in an appraisal report invalid, and DSL will provide written authorization to County to release the report." He inquired if it was in the previous agreement; with Dr. DeFreese responding he believes it was; they have lengthy reviews and are accepting the County's appraisals as well as their own; and they want to be able to follow their own process. He stated if they deem that appraisals are no longer valid, they can re-appraise the property; in most cases that may be to the County's advantage as time passes and land values go up; but that is their discretionary call.

Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously. AUTHORIZATION TO NEGOTIATE SETTLEMENT, RE: WORKERS' COMPENSATION CLAIM OF BARBARA SMALLWOOD Commissioner Cook advised he is aware of the sensitivity of talking about settlements, but wants to make sure the County Manager is plugged into the process; and since there is no settlement amount, he wants to make sure the County is going to benefit by doing that. He stated he knows the County cannot set limits because it will hurt its negotiating position; but he is concerned about the settlements because they can go quite high.

Human Resources Director Frank Abbate advised the third-party Administrator Elexus does the initial evaluation as does an outside Workers' Compensation attorney; that is then reviewed by he and the Risk Manager; it is an awkward position because they have to come to the Board for approval; but at the same time, they have to be sensitive to putting a cap on it relative to letting the other counsel know the amount staff is requesting authorization for in the public record.

Chairman Higgs inquired if Mr. Abbate can brief the Commissioners on an individual basis on those; with Mr. Abbate responding yes, they try to do that. He stated Mr. Jacobson tries to contact each Commission office on a regular basis; he does not know if he got to every Commissioner in this case, but it is their practice; and if he did not reach all five, he apologizes for that. Chairman Higgs inquired if Commissioner Cook wants to table this to talk to staff about the issues; with Commissioner Cook responding he was not briefed and that is why he has concerns; so that would be fine. Commissioner Ellis stated he has been briefed in the past and it is a lose and lose more situation, so it is frustrating to get a briefing on them.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to table authorization to negotiate settlement of Workers' Compensation claim of Barbara Smallwood until May 2, 1995. Motion carried and ordered unanimously.

AUTHORIZATION TO EXECUTE CONTRACT, RE: MODULAR FURNITURE AND WALLS FOR BREVARD COUNTY GOVERNMENT COMPLEX - NORTH

Commissioner Cook inquired how were figures arrived at on the new furniture and accessories; with Facilities Management Director Hugh Muller responding they laid out the staff that is moving to Brevard County Government Complex - North, and got in touch with the offices; the modular furniture would be appropriate for the 57 individuals who are moving up there; there are 23 functions moving up there that modular furniture would not be appropriate for or they already have modular furniture; so it was a case-by-case basis; and his staff worked with ABI to develop the estimates. He stated they are still refining it but that is where the situation is now. Commissioner Cook inquired if they will come from the State Contract; with Mr. Muller responding yes; ABI is the County's contractor; the discount is 61%; the State Contract on generic stuff is 65%; so it is to the County's advantage to go with the State Contract as opposed to its contract. Commissioner Cook inquired if there are other options or are the modulars the best way to go; with Mr. Muller responding since 1987, and the Space Study done by Hansen Lind Meyer Carter Gobel, they have been trying to go Countywide to modular offices; they have found the modular furniture is much more functional and takes up less space; and it makes sense to bite the bullet and do it. He stated the furniture being replaced will trickle down; 12 people who have already asked for desks; so instead of buying 12 desks, they will have the opportunity to look at the desks that are being redistributed. He stated there may be three or four shifts of items, then junk will be put out for sale. Commissioner Cook stated the furniture being replaced will be redistributed; with Mr. Muller responding that is correct.

County Manager Tom Jenkins advised in lieu of buying furniture, staff will redistribute three or four times, and eventually what is left over is junk.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to authorize execution of Contract for modular furniture and walls for Brevard County Government Complex-North. Motion carried and ordered; Commissioner Cook voted nay.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSAL, APPOINT SELECTION COMMITTEE, AND AWARD PURCHASE ORDER, RE: COMPUTERIZED HVAC MONITORING SYSTEM FOR BREVARD COUNTY GOVERNMENT COMPLEX-NORTH

Commissioner Cook inquired if this was always part of the project, or was it added in; with Facilities Management Director Hugh Muller responding it was part of the project when the Clerk was scheduled to go into the facility; it is a sensor and control operation to sense the temperature, humidity, and CO2 throughout the facility; and it can be programmed to automatically adjust to have the best parameters throughout the complex opening and closing valves. He stated it is also a trouble shooting device; and if a piece of equipment breaks, they will get an alarm at the computer and will know that someone is going to have a problem. Commissioner Cook inquired if this is to monitor the air quality; with Mr. Muller responding yes, and also fine-tune the air conditioning throughout the facility. Commissioner Cook inquired if it will make it more efficient; with Mr. Muller responding yes, in that it will reach the parameters it wants as far as temperature, humidity, and CO2. He stated the electricity bill may be higher in some cases because it will adjust to humidity where right now it adjusts for temperature only; therefore, the equipment may have to run more to bring the humidity down and the electricity bill may go up at times, depending on what the humidity is outside; but on the average and in the long run they will have a better facility and better control of the facility because of this. He stated this is just an RFP; and they will get responses and evaluate them. Commissioner Cook inquired if there were air quality complaints at the Complex; with Mr. Muller responding he is not aware of any complaints from that facility; and this is generated by an attempt to monitor the system in the larger facilities to prevent complaints and problems.

Chairman Higgs inquired why was the term, "to grant authority to award the purchase order for the best value to the County", used when usually they accept the low bid; and does the County have the ability to qualitatively evaluate best value, or is it totally subjective; with Mr. Muller responding that would depend on what is in the RFP; they could get data to qualitatively describe; but the concern they have and why they wrote it that way is because there is a lot of bogus equipment out there; and if they get some that are non-proven, they would like permission not to accept that even though it may be low.

Commissioner Cook inquired if the RFP can come back to the Board. Commissioner Scarborough stated the Board never had it not come back; and inquired if the Board will see the RFP. Mr. Muller stated they can do that. Chairman Higgs inquired if the Board wants to see the RFP before it is released; with Commissioner Scarborough responding no, but before a contract is awarded. He stated Option 1 should be authorize release of RFP; the RFP comes back and the Board looks at the options; it gets a briefing on what it will accomplish; and then it decides whether to award the RFP or not. Chairman Higgs stated it would not award the RFP but the Contract; and inquired if the Board would be comfortable with staff recommending to the Board what it thinks is the best value not totally based on price; with Commissioner Scarborough responding an RFP is written looser than a bid; the RFP says show what you have; the Board may have apples and oranges to review and not just oranges; and it will be the Board's decision whether it is worthwhile to proceed.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission to advertise Request for Proposals for an HVAC Monitoring System for Brevard County Government Complex-North; appoint Hugh Muller, Johnny Godwin, Dan Gumieny, Jo Malota, and Scott Knox or their designees to the Selection Committee; and direct that the recommendation of the Committee come back to the Board for approval. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM CANAVERAL PORT AUTHORITY, AND AUTHORIZE LETTER OF SUPPORT, RE: BEACH RESTORATION AND FLOOD CONTROL PROJECTS

Commissioner O'Brien advised there is nothing wrong with acknowledging the Resolution; the reason he pulled it is to point out to the Board it is highly possible the Corps of Engineers may stop funding the beach restoration projects; and it would behoove the Board to notify TDC that if it intends to have a beach in the year 2000, it may want to think about how it is spending money and how it can start saving money. He stated they may need 14 million dollars; and without some planning now, they can bring all the tourists they want to Brevard County and there will be no beaches here.

Commissioner Ellis stated if Commissioner O'Brien is suggesting getting it from the tourist tax, it will never get to that kind of numbers. He stated there will always be a beach; there may not always be A1A, but there will always be a beach. He stated the magnitude of the cost of beach restoration cannot be supported by tourist dollars.

Commissioner O'Brien stated if they are putting away $425,000 per year for a period of four years, they will have 1.2 or 2.3 million dollars saved up, so if the Corps does proceed under the present 101 Plan, the matching fund is there from TDC and the State. He stated his fear is a lot of it will fall apart; it is not going to be there when needed; and the County will have the worst beaches on the East Coast of Florida. He stated some of the ways TDC is spending money, leads him to believe it is not thinking far in the future; it may have to curtail some of its spending and setting aside as much as possible. Chairman Higgs advised Commissioner Ellis represents the Board on the TDC; and when the Board looks at its budget, it needs to consider that. Commissioner Ellis stated the TDC has a funding formula on the first two cents; it has to look at the process to amend that funding formula; and he does not know what that is. Commissioner O'Brien stated he is concerned if Clinton pulls the plug on the Corps and the State pulls the plug on the other side, the County will not get anything done at all unless some funds are there to get started and maybe more funds each year and go through a progressive type of project. He stated the beaches are what bring tourists here.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to acknowledge receipt of Resolution from Canaveral Port Authority and authorize a letter of support for the Beach Restoration and Flood Control projects. Motion carried and ordered unanimously.

DISCUSSION, RE: OFFER TO SETTLE PORT ST. JOHN EAST WATER MSBU LIEN

Louis Morehead stated after the decision on his earlier Agenda item, he met with Mr. Sprague and Mr. Jenkins to come to a solution so he does not have to come back for another attempt on this; and he would like to make an offer to resolve the MSBU payment if that is okay with the Board. He stated he had an assessment of $13,000; he has paid $10,745.02 into that fund; and if the Board would accept the amount paid and he can get a release of lien, he would accept having the 6.28 acres including the drainage easement being assessed, reversing what he came to the Board with earlier. He stated he, Mr. Jenkins, and Mr. Sprague discussed that it would probably be in the best interest to waive discussing the drainage easement because it entails several different agencies within the County. He stated he is bending over backwards because his original arguments to previous Boards have been that his property was never legally in the assessment formula.

Chairman Higgs inquired if Mr. Morehead is offering to pay the assessment and wants the Board to release the lien; with Mr. Morehead responding yes, and waive the current interest payment and the legal fee incurred for the foreclosure coming up on May 2, 1995. Chairman Higgs inquired what is the current interest; with Assistant County Manager for Community Development Dean Sprague responding the interest that has already been paid or credited to the account is $3,502.80; in addition, there is a remaining outstanding interest of $1,473.74 and a $100 legal fee as a result of the foreclosure. Chairman Higgs inquired what is Mr. Morehead offering to pay; with Mr. Sprague responding Mr. Morehead is proposing that the County take the $10,745.02 credited to the account and apply all of it against the principal when actually $7,242.22 went against the principal and $3,502.80 went against the interest. He stated he asked that it be applied towards the $13,000 in its entirety, thereby waiving the interest paid, outstanding unpaid interest, and unpaid legal fee, leaving him owing $2,254.98. County Manager Tom Jenkins advised staff has not endorsed the offer. Chairman Higgs inquired how much does he owe the County today; with Mr. Sprague responding approximately $7,300, and he is offering to pay $2,254.98. Mr. Morehead advised he went to the Special Assessment Office and obtained the current payoff sheet which shows an assessment of $13,000 and reflects $10,745.02 paid into it. Mr. Jenkins advised in order to report it more accurately, of the $10,000, $7,000 was principal and $3,000 was interest. Mr. Morehead stated $7,242.22 was actually paid as principal, $3,502.80 was paid as interest; now the County put legal fees on him for the foreclosure action of $100; and he has a letter that says it can go as high as $600 as the foreclosure progresses.

Commissioner Cook advised the original motion was to come back on May 2, 1995 to see if it can be worked out; he would like to stop the clock on the legal fees since the County is in negotiations until it comes back on May 2nd and the Board finds out if anything can be worked out as far as the foreclosure action. Mr. Sprague stated that will not be a problem. Mr. Morehead stated he would like to make a payment and be done with this issue, because he has come to the Board for three years and is worn out and tired of fighting it.

Chairman Higgs stated she is confused by the numbers; the County is owed $7,000 and Mr. Morehead is offering $2,254; and she does not feel comfortable saying the County will take the deal.

Mr. Sprague advised he is asking for a waiver of all the interest paid and owed and everything he has paid to date be applied to the principal. Chairman Higgs stated if she does not do that for everyone, she cannot do it for him; and she hopes he understands she cannot make that decision. Mr. Morehead advised he has several documents from the Property Appraiser and Tax Collector showing the property was overly assessed on the tax rolls for many years because it was owned by General Development Corporation; and the taxes are approximately $1,700 per year.

Commissioner Cook stated this is a special situation; but between now and May 2nd, if the Board can get a breakdown of what he is offering and what is owed, he would like to work something out with Mr. Morehead because it has been going on for a long time. Mr. Morehead stated he is willing to bend over backwards and strike common ground. Commissioner Cook suggested working in good faith and coming back with a solution.

Commissioner Ellis advised the County has to have an easement for the ditch. Mr. Morehead advised Mr. Minneboo and Mr. Sprague want to keep that separate; there is some flexibility for the ditch in the future; they have other easement problems with the property they sold to the County at Manatee Hammock Park they are trying to resolve; so there could be some bartering on that.

Chairman Higgs inquired if there is a motion to accept the offer; with Commissioner Ellis responding he does not know how the Board can accept the offer without the easement for the ditch. Chairman Higgs stated there is no motion to accept the offer. Commissioner Cook stated he would like to go forward with his comments and staff get back to the Board and see what can be done on May 2nd.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:55 p.m.

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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