The Board of County Commissioners of Brevard County, Florida, met in regular session on May 7, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Shaun Blakeney, Youth Minister, First Christian Church of Merritt Island, Merritt Island, Flor

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

APPROVAL OF MINUTES

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to approve the Minutes of the December 8, 1995 Special Meeting, January 9 and 23, 1996 Regular Meetings, January 18 and 24, 1996 Special Meetings, and February 13, 1996 Special Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: BOARD SCHEDULE

County Manager Tom Jenkins advised the Board scheduled a joint meeting with the City of Titusville for May 9, 1996; no significant issues for the Agenda have been submitted by the County or the City; the City is willing to reschedule the meeting to a later date; and suggested the meeting be rescheduled to a later date to be determined.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct staff to reschedule the joint meeting with the City of Titusville, originally scheduled for May 9, 1996.

Commissioner Scarborough stated it is important for the issues to be set forth and staff be given an opportunity to look at the issues prior to a meeting; and requested a list of issues be given to staff prior to the meeting.

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

Mr. Jenkins requested the Board approve the revised Board schedule which was submitted previously.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to approve the revised 1996 Board Meeting Schedule. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE, RE: EXECUTIVE SESSIONS

County Attorney Scott Knox requested the Board schedule two executive sessions to deal with Childers v. Brevard County and certification of training captains under the court regulations.

Discussion ensued on possible dates for the executive sessions.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize the County Attorney to schedule two executive sessions to discuss Childers v. Brevard County and certification of training captains under the court regulations. Motion carried and ordered unanimously.

ITEMS PULLED FROM CONSENT AGENDA

Commissioner O?Brien requested Items III.A.15, III.B.12, III.E.2 and III.E.6 be pulled from the Consent Agenda.

Chairman Cook requested Items III.A.17, III.B.3, III.B.11, and III.D.9 be pulled from the Consent Agenda.

REQUEST FOR RESPONSE, RE: MIORELLI ENGINEERING

Chairman Cook stated he received a letter from Miorelli Engineering requesting a response with regard to public records requests, which he will refer to the County Attorney.

REPORT, RE: MEETING WITH DISNEY OFFICIALS

Chairman Cook stated he met with Disney officials, Jane Adams, Tom Lewis, and Elizabeth Mosely, with regard to U.S. 192; and they are willing to assist the County to see if anything can be done to expedite the widening of U.S. 192.

Commissioner Higgs advised she met with Disney officials a year ago as Chairman, and received the same positive response; however, the County still did not get U.S. 192 widened; and she hopes Disney will provide assistance.

PERSONAL APPEARANCE - ARTHUR LAMAR, BREVARD COUNTY LIBRARY BOARD CHAIRMAN, RE: PRESENTATION OF DRAWING

Arthur Lamar, Chairman of the Brevard County Library Board, expressed appreciation to the Board for the things it does for libraries; and presented the Commissioners, the County Manager and Assistant County Manager Joan Madden with pen and ink drawings of an Ocala horse farm. He advised of grants from the State totaling $1.2 million. He noted District 1 has the newest library; and invited everyone to visit the library.

Commissioner Scarborough advised the drawings will be displayed in the Commission offices or the libraries, with appropriate identification.

PERSONAL APPEARANCE - SENIOR REPRESENTATIVES, RE: RESOLUTION PROCLAIMING MAY, 1996 AS OLDER AMERICANS MONTH

Chairman Cook read aloud a resolution proclaiming May, 1996 as Older Americans Month.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to adopt Resolution proclaiming May, 1996 as Older Americans Month in recognition of the County?s senior citizens. Motion carried and ordered unanimously.

Marge Knopf, President of the Greater Palm Bay Senior Association, expressed appreciation to the Board.

Commissioner O?Brien advised Mary Louise Morgan, mother of Mayor Joe Morgan of Cocoa Beach, is present; and at 86 years of age, she still volunteers at the Freedom 7 Community Center.

Commissioner Higgs advised Marge Knopf, President of the Palm Bay Senior Association; Mildred Huntsinger, President of the South Brevard Senior Association; Severina Leadbeater, Vice President of the Martin Andersen Senior Center; Mary Louise Morgan, President of the Freedom 7 Senior Center; Leo Hilla, President of the North Brevard Senior Association; Joe Steckler, Executive Director of the Alzheimers Association; Bill Hoskinson, President of the Community Services Council; Vern Jansen, Executive Director of the Florida Silver Haired Legislature; and Frank Kunze, Chairman of the Brevard Veterans Council are present to accept Resolutions.

Mildred Huntsinger expressed appreciation to the Board for all the things it does for the South Brevard Senior Center.

PERSONAL APPEARANCE - NATIONAL ASSOCIATION OF SOCIAL WORKERS FLORIDA CHAPTER REPRESENTATIVE, RE: RESOLUTION PROCLAIMING NATIONAL ASSOCIATION OF SOCIAL WORKERS DAY

Commissioner Ellis read aloud a Resolution proclaiming National Association of Social Workers Day.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution proclaiming May 16, 17, and 18, 1996 as National Association of Social Workers? Days. Motion carried and ordered unanimously.

A representative of the National Association of Social Workers expressed thanks for the Resolution.

PERSONAL APPEARANCE - FRANK ABBATE, HUMAN RESOURCES DIRECTOR, RE: RESOLUTION RECOGNIZING B.R.A.V.E. PARTICIPANTS

Human Resources Director Frank Abbate introduced Paulette Davidson, B.R.A.V.E. Program Coordinator; and advised of the value of the Brevardians as Volunteer Employees (BRAVE), Interns and AARP/Senior Community Service Program participants to the County.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution recognizing the following B.R.A.V.E. participants, Interns, and AARP/Senior Community Service Program participants: Karen Beck, Dennis Bell, Linda Betch, Terri Lynne Blanton, Don Boshara, Sonya Brown, Kimberly Cauthen, Robert L. Chope, Deborah Crawford, Robbie Daniels, Chuck Dawson, Lee Denny, Marion Draper, Maryrita Farrell, Debbie Ferrelli, David Fisher, Al Goldenberg, Johnnie Grant, Julia Griffin, Peitress Hammond, D. J. Harrison, Nancy Hendry, Ruby Hooper, Raphael Hypolite, Joan LeMosy, Sandra Lovig, Sherry McCullum, Angela Mercer, Lucinda Miller, Laura Mills, Joanna Perez, Rebecca Price, Ingrid Ricci, Vincent Roberts, Victor Schneider, Hinda Shapiro, Gregory Sharp, Carmen Shrum, Ann Marie Smykay, Dorothea Smith, Candace Spurlock, Allen Stroman, Vivian Talley, Pat Tolley, Linda Wiggins, Rena Williams, George Zahm, Donnalyn Acosta, David Barger, Cindy Boyd, Francisco Burns, Morena Cameron, Sally Contess, Melissa Cruz, Maria Gentile, Charles Kohel, Margaret MacKintosh, Jeanne Murphy, Bobby Pugh, Linda Shafer, Kyle Simmons, Patricia Simon, Thurman Purdiman, Bebe Abel, Judy Briggs, Joan Culleny, Joan Knasel, Lillian Koerber, Alberta Righton, June Rodriguez, and Eldred Tuggle. Motion carried and ordered unanimously.

Ms. Davidson expressed appreciation for the work done by the volunteers.

Chairman Cook noted the volunteers save the taxpayers thousands of dollars every year by volunteering their services to help the community. Commissioner Ellis stated he would have a difficult time in his office without the volunteers.

ITEM PULLED RETURNED TO CONSENT AGENDA

Chairman Higgs stated she pulled Item III.E.5 in advance of the meeting; her questions have been answered; and that item can be included as part of the Consent Agenda.

FINAL PLAT APPROVAL, RE: THE VIERA APARTMENT COMPLEX, PARCEL I

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant final plat approval for The Viera Apartment Complex, Parcel I, subject to minor changes, if necessary, receipt of all documents required for recording, and approval not relieving the developer from obtaining all other necessary jurisdictional permits; and authorize the Chairman to sign the plat for the project. Motion carried and ordered unanimously.

CONTRACT WITH THE SUNTREE PARTNERS, RE: INFRASTRUCTURE IMPROVEMENTS FOR MANDARIN LAKES, UNIT II

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with The Suntree Partners guaranteeing infrastructure improvements in Mandarin Lakes, Unit II. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH THE CLOISTERS DEVELOPMENT GROUP AND FIFTH THIRD BANK OF TOLEDO N.A., RE: IMPROVEMENTS FOR THE CLOISTERS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Escrow Agreement with The Cloisters Development Group and Fifth Third Bank of Toledo N.A. guaranteeing improvements in The Cloisters, Phase IIIB. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH PULTE HOME CORPORATION FOR IMPROVEMENTS IN ISLAND CROSSING SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution releasing Contract with Pulte Home Corporation for improvements in Island Crossing Subdivision. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR IMPROVEMENTS IN VIERA, TRACT D4, PHASES 3 AND 4

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution releasing Contract with The Viera Company for Viera Tract D4, Phases 3 and 4. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH MARK AND MARY TAGLIONE, RE: BUILDING PERMIT OFF FARNSWORTH AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Unpaved Road Agreement with Mark and Mary Taglione for a building permit off an existing right-of-way known as Farnsworth Avenue. Motion carried and ordered unanimously.

ACCEPTANCE OF DEED OF CONVEYANCE FROM JEFF D. MONTGOMERY, JR., RE: RIGHT-OF-WAY DEED FOR SCHOOLHOUSE STREET

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Deed of Conveyance from Jeff D. Montgomery, Jr. for additional 15 feet of right-of-way for Schoolhouse Street. Motion carried and ordered unanimously.

WAIVER OF FEES FOR CENTRAL BREVARD HUMANE SOCIETY, RE: PERMITTING AND PLAN REVIEW FOR EXPANSION OF FACILITIES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive permitting and plan review fees for the Central Brevard Humane Society expansion. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING REVELS PLACE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming Revels Place in Township 22 South, Range 35 East, Section 31. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING ERIK COURT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming Erik Court in Township 24 South, Range 36 East, Section 35. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING DOG LEG CIRCLE, NINE IRON COURT, AND ROCKY WOOD CIRCLE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming Dog Leg Circle, Nine Iron Court, and Rocky Wood Circle in Township 25 South, Range 36 East, Sections 33 and 34. Motion carried and ordered unanimously.

RELEASES OF CODE ENFORCEMENT BOARD LIENS, RE: 511 NORTH COURTENAY PARKWAY, MERRITT ISLAND

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute two Releases of Lien on property at 511 North Courtenay Parkway, Merritt Island. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF MELBOURNE, RE: VOLUNTARY ANNEXATION OF REAL PROPERTIES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of Ordinance No. 96-11 from the City of Melbourne for voluntary annexation of 1.13 acres on the west side of Wickham Road, approximately 1,300 feet north of Aurora Road. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: REMOVAL AND SALE OF HOUSE FOR MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to bid removal and sale of house at 109 Battersea Avenue, Palm Bay, for the Malabar Road Widening Project, Phase II. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: ESTABLISHING BUDGET FOR MALABAR ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Request to establish budget for Malabar Road Widening Project-City of Palm Bay utilities. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITY EASEMENT IN RIO VISTA, UNIT 1 - MEREDITH E. AND LINDA M. CONNOR

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution setting public hearing for June 4, 1996 to consider vacating a public utility and drainage easement in Rio Vista, Unit 1, as petitioned by Meredith E. and Linda M. Connor. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - GEORGIA METCALF

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution setting public hearing for June 4, 1996 to consider vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Georgia Metcalf. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN THE WILLOWS - VINCENT G. AND JULIE E. TORPHY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution setting public hearing for June 4, 1996 to consider vacating public utilities and drainage easement in The Willows as petitioned by Vincent G. and Julie E. Torphy. Motion carried and ordered unanimously.

RESOLUTION, RE: CANCELING TAXES ON PROPERTIES ACQUIRED FOR ROAD RIGHTS-OF-WAY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution canceling real property taxes on properties acquired for road rights-of-way. Motion carried and ordered unanimously.

WAIVER OF 1994-95 STORMWATER UTILITY ASSESSMENT, RE: TICO AIRPORT AUTHORITY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve request of the TiCo Airport Authority to waive the 1994-95 Stormwater Utility Assessment. Motion carried and ordered unanimously.

APPLICATION FOR LICENSE TO OPERATE CHILD CARE AGENCY, RE: COUNTRY ACRES PARENTAL HOME

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute License Application for the Country Acres Parental Home; and authorize the Chairman to execute necessary amendments and addenda contingent upon the approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

RESOLUTION, CERTIFICATIONS, AND PERMISSION TO ADVERTISE, RE: AMENDED SHIP HOUSING ASSISTANCE PLAN

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution approving the Amended SHIP Housing Assistance Plan for FY 1996-97; authorize the Chairman to sign the State Certifications; authorize staff to submit the Plan to the Florida Housing Finance Agency with any minor amendments which FHFA determines to be necessary to meet the requirements of the Florida Statutes; and authorize the Housing and Human Services Department to advertise the availability of funds. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF CAPE CANAVERAL, RE: FINANCIAL CONTRIBUTION FOR ADDITIONAL RECREATION IMPROVEMENTS IN CANAVERAL CITY PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with City of Cape Canaveral for financial participation in the construction of additional recreational improvements for Canaveral City Park. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, ESTABLISH SELECTION AND NEGOTIATING COMMITTEES, PERMISSION TO NEGOTIATE, AND AUTHORIZATION FOR CHAIRMAN TO SIGN CONTRACT AND AMENDMENT WITH EXISTING CONCESSIONAIRE, RE: PARADISE BEACH PARK CONCESSION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise request for proposals for Paradise Beach Park Concession; appoint Assistant Parks and Recreation Director Jack Masson, South Area Recreation Superintendent Barry Portnowitz and South Area Parks Operations Director Diane Tingley-Gunn to the Selection and Negotiation Committees; grant permission to negotiate; authorize the Chairman to execute the negotiated contract; and authorize the Chairman to execute Amendment to Contract with Tom Campagna for extension of time to November 1, 1996 for existing Concession Contract. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGES REGULATIONS, RE: SANTA FUN DAY AT FOX LAKE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article III, Festivals, to allow musical entertainment and sale/possession/donation of alcoholic beverages at Santa Fun Day at Fox Lake Park on May 19, 1996, subject to the organizers providing security through the Sheriff?s Department and general liability insurance, including liquor liability, and obtaining all required State and local permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: CITIZENS FOR FLORIDA WATERWAYS ISLAND FEST AT KIWANIS ISLAND PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article III, Festivals, to allow musical entertainment and sale of beer for Florida Waterways Island Fest at Kiwanis Island Park on May 26 and 27, 1996, subject to the organization providing set up and clean up, obtaining all State and local regulatory permits; and providing clean up deposit and general comprehensive and liquor liability insurance. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGES REGULATIONS, RE: NATIONAL KIDNEY FOUNDATION SURF FESTIVAL AT LORI WILSON PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article III, Festivals, to allow musical entertainment and sale/possession/donation of alcoholic beverages for the National Kidney Foundation Surf Festival at Lori Wilson Park on August 31 through September 2, 1996, subject to the organization providing crowd control and daily clean up, obtaining all State and local regulatory permits, and providing general comprehensive and liquor liability insurance. Motion carried and ordered unanimously.

RESOLUTION, TRIP AND EQUIPMENT GRANT APPLICATION, STANDARD ASSURANCE FORM, FUNDS FROM LOCAL OPTION GAS TAX, AMENDMENT TO BUDGET, AND EXECUTION OF STANDARD GRANT APPLICATION, RE: TRANSPORTATION DISADVANTAGED PROGRAM FOR FY 1996-97

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution; execute Trip and Equipment Grant Application and Standard Assurance Form with Florida Commission for the Transportation Disadvantaged for $834,530 to fund the Brevard County Transportation Disadvantaged Program; approve amendment to the budget to allocate $125,000 of Local Option Gas Tax funds and an estimated $52,632 of passenger fares for a total FY 1997 budget of $959,530; and authorize the Chairman to execute Standard Grant Agreement upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATION FOR FEDERAL ASSISTANCE, USE OF TOLL REVENUE CREDITS, CERTIFICATIONS AND ASSURANCES, EXECUTION OF CONTRACT DOCUMENTS, RE: FY 1997 SCAT CAPITAL AND OPERATING ASSISTANCE GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution authorizing Grant Application, Certifications and Assurances; authorize use of Florida Department of Transportation (FDOT) toll revenue credit for FY 1997 (Urbanized Area Formula-Section 9) for the public transportation capital and operation assistance grant from Federal Transit Administration (FTA) of $3,481,680 for Space Coast Area Transit (SCAT); and authorize the Chairman to sign the Grant Agreement, subject to approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

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

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with City of Palm Bay for SCAT Beach Plus Bus Service from June 10 through August 2, 1996 at $14,185.47. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: SCAT 1996 VEHICLE ACQUISITION FOR VANPOOL PROGRAM Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to bid the SCAT 1996 vehicle acquisition for the Vanpool Program consisting of 20 replacement passenger vans. Motion carried and ordered unanimously.

AGREEMENT WITH TOWN OF MELBOURNE BEACH, AND APPROVAL OF BUDGET CHANGE REQUEST, RE: TDC MATCHING GRANT FOR EMERGENCY BEACH IMPROVEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with the Town of Melbourne Beach for $4,370 Emergency Beach Improvement Matching Grant; authorize acceptance of emergency repair expenses incurred prior to Board approval as reimbursable expenses; and approve a Budget Change Request for the grant funds. Motion carried and ordered unanimously.

PERMISSION TO USE COUNTY EQUIPMENT, RE: CLEAN UP PROJECT AT DISABLED AMERICAN VETERANS BUILDING

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission for the Solid Waste Management Department to use County equipment to assist the Boy Scouts of America with a clean-up project at the Disabled American Veterans Building at 2265 North Harbor City Boulevard, Melbourne. Motion carried and ordered unanimously.

ADDENDUM NO. 9 WITH GEE & JENSON, RE: SOLID WASTE ENGINEERING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Addendum No. 9 to Agreement with Gee & Jenson for solid waste engineering services to prepare construction contract documents for mitigation site improvements, including environmental surveys and engineering services during bidding and construction, and to design plans and specifications for perimeter roads, stormwater management system improvements and the white goods storage area associated with expansion of the Central Disposal Facility at $293,444. Motion carried and ordered unanimously.

WAIVER OF BID AND AUTHORIZE PURCHASE, RE: REBOUND

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive bid requirements and approve purchase of REBOUND, a soil amendment, from American Tire Recyclers for reconstruction of athletic fields at Hoover Junior High School, and softball fields at Stradley Park and Rockledge Park at $101,575 for the three projects. Motion carried and ordered unanimously.

ACCEPTANCE OF RIGHT-OF-WAY CONSENT AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: RECLAIMED WATER LINE INSTALLATION AT SPACE COAST STADIUM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Right-of-way Consent Agreement with Florida Power & Light Company allowing the County to cross FP&L?s right-of-way with a reclaimed water line. Motion carried and ordered unanimously.

ACCEPTANCE OF RESIGNATION, RE: CONFLICT CAPITAL ATTORNEY ROBIN LEMONIDIS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to accept resignation of Robin C. Lemonidis as Conflict Capital Attorney, and terminate Agreement dated September 29, 1995. Motion carried and ordered unanimously.

APPROVAL OF POLICY, RE: MANAGEMENT INFORMATION SYSTEMS STANDARDIZATION POLICY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Management Information Systems Standardization Policy, establishing standards for data processing hardware, software, and communication systems for all Board agencies and Constitutional Offices, in addition to defining the roles and responsibilities of the various County agencies providing information systems services. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-06, RE: COMPUTER MAINTENANCE FOR INFORMATION SYSTEMS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Proposal #P-3-6-06, Computer Maintenance for Information Systems, to Data Voice, Inc. at an estimated $10,000. Motion carried and ordered unanimously.

REJECT QUOTE AND AUTHORIZE RE-QUOTE, RE: HOMEOWNER?S REPAIR ASSISTANCE PROJECT FOR LISA ROBBINS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to reject Quote #Q-2-6-49 for Homeowners? Repair Assistance Project for Lisa Robbins; and grant permission to re-quote under revised specifications. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-8, RE: TANGIBLE PERSONAL PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve revised Policy BCC-8 regarding Tangible Personal Property. Motion carried and ordered unanimously.

LEASE AMENDMENT WITH CHILD CARE ASSOCIATION, RE: USE OF GIBSON COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Lease Amendment with Child Care Association for use of Gibson Community Center from June 1, 1996 through May 31, 1998. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT NO. 1 WITH SKLOW AND RUNKEL CONSULTING ENGINEERS, RE: RENOVATION OF GOVERNMENT CENTER BUILDINGS A THROUGH E

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendment to Agreement No. 1 with Sklow and Runkel Consulting Engineers for additional data and communications design services for Government Center Buildings A through E. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING E-911 ADVISORY COUNCIL

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution establishing the E-911 Advisory Council. Motion carried and ordered unanimously.

AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC., RE: T1 MEGALINK FOR SHERIFF?S OFFICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with BellSouth Communications, Inc. for T1 Megalink between the Sheriff?s Office at 700 Park Avenue, Titusville and the south tower for the 800 MHZ radio system in Palm Bay. Motion carried and ordered unanimously.

RESOLUTION REVISING RESOLUTION NO. 96-37, RE: COMMITTEE ON ACCESS TO GOVERNMENT INFORMATION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution revising Resolution No.96-37, Committee on Access to Government Information, removing all staff members and providing that all new committee chairman and vice chairman appointments be made for the first four months and thereafter appointed by the Committee for one year. Motion carried and ordered unanimously.

RENEWAL OF FLORIDA DEPARTMENT OF REVENUE STANDARD CONTRACT, RE: CHILD SUPPORT ENFORCEMENT FUNDING

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Standard Contract with Florida Department of Revenue for Child Support Enforcement funding of $66,047 from July 1, 1996 through June 30, 1997. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT FOLLOW-UP OF LIBRARY SERVICES DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of Internal Audit follow-up of Library Services Department. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT FOLLOW-UP OF HARBOR CITY VOLUNTEER AMBULANCE SQUAD, INC.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of Internal Audit follow-up of Harbor City Volunteer Ambulance Squad, Inc. Motion carried and ordered unanimously.

AUTHORIZATION TO CONSOLIDATE, RE: MERCHANT CREDIT CARD SERVICES WITH SUNTRUST BANK/MERCHANT SERVICES FOR GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize consolidation of Merchant Credit Card Services with SunTrust Bank/Merchant Services for the golf courses. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNUAL FINANCIAL AUDIT OF COUNTY AGENCIES AND COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1995

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of Annual Financial Audits of County Agencies and County Officers, and the Comprehensive Annual Financial Report for Fiscal Year ending September 30, 1995. Motion carried and ordered unanimously.

REJECT OFFER OF SETTLEMENT, RE: BREVARD COUNTY v. CANAVERAL PROPERTIES, INC./GRISSOM ROAD CONDEMNATION CASE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to reject the offer of settlement on attorney?s fees and costs relating to Brevard County v. Canaveral Properties, Inc. (Grissom Road condemnation case) at $794,756. Motion carried and ordered unanimously.

APPROVAL OF MEDIATION STIPULATION, RE: BREVARD COUNTY v. DAIRY ROAD PLANT FARM, INC. ET AL/DAIRY ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize execution of Mediation Settlement Agreement, approve Stipulation Order and Final Judgment, and authorize execution of Escrow Agreement of $100,000 to cover the cost of cleaning contaminants on the site, for Parcels 213, 681,215 and 682 required for Dairy Road Widening Project. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint Evon Jackson, 1145 King Street, Merritt Island and Dorothy Hill, 2-E Cape Shores Drive North, Cape Canaveral, to the Parks and Recreation Merritt Island/Beaches Sector Advisory Board; reappoint Kathy Jarrell, 445 Apache Trail, Merritt Island, Nick Beninate, 1740 Yates Drive, Merritt Island, William R. Parton, 85 South Tropical Trail, Merritt Island, and Alan Hemenway, 3340 South Tropical Trail, Merritt Island, to the Parks and Recreation Merritt Island/Beaches Sector Advisory Board; appoint John Robert Murr, 556 Parker Road, West Melbourne, to the Housing Finance Authority; and reappoint Rusty Harris, 185 Marlin Drive, Merritt Island, Dr. Gregory Kirk, 2404-D Courtenay Parkway, Merritt Island, Albert Elebash, 1050 Carrigan Boulevard, Merritt Island, Joe DeMes, 1585 Mercury Street, Merritt Island, George Reynolds, 1395 Glenhaven Drive, Merritt Island, Roy Gunsler, 2095 Eastwood Drive, Merritt Island and Glenn Morgan, 520 Riverside, Merritt Island, to the District 2 Canal Dredging Committee. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ACCEPT WITHDRAWAL AND AUTHORIZE REFUND OF FEE FOR VACATING PORTION OF RIGHT-OF-WAY IN AVON-BY-THE-SEA

Chairman Cook called for the public hearing to consider withdrawal of application for vacating portion of right-of-way in Avon-by-the-Sea and refund of fee.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to accept withdrawal of petition to vacate portion of right-of-way in Avon-by-the-Sea, and authorize refund of $297 for balance of the vacating fee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 93-27, UNPAVED ROADS

Chairman Cook called for the public hearing to consider an ordinance amending Ordinance No. 93-27, Unpaved Roads.

Commissioner Scarborough inquired about differences in curb cuts for easements and flag lots. County Development Engineer Mahmoud Najda advised small existing lots can be accessed by easements, and the flag lot separation is reduced from 280 to 200 feet. Commissioner Scarborough inquired if the issue of curb cuts is a zoning issue or a traffic engineering issue. Zoning Official Rick Enos stated the distance between the easements is related to safety; and the only reason they are different is because the flag lot is much larger, a minimum of one acre. Commissioner Scarborough stated the safety factor is the issue driving where to put curb cuts; and advised of an example.

Motion by Commissioner Scarborough, to adopt an ordinance of Brevard County, Florida, creating provisions for the issuance of building permits on private roads, unpaved roads, ingress/egress easements and flag stem/flag lots to public roads; providing waivers and appeals; deleting Section 62-2110, Division 6, Article VI, ?Flag Lots?; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing for an effective date; and direct staff to report to the Board on the traffic reasoning in setting distances between curb cuts. Motion died for lack of a second.

Motion by Commissioner O?Brien, to continue the public hearing to consider an ordinance amending Ordinance No. 93-27, Unpaved Roads.

Commissioner Ellis expressed desire to adopt the ordinance; and advised of his experiences.

Chairman Cook inquired if the ordinance only changes the distances between the flag lots; with Commissioner Ellis responding it gives staff the ability for an administrative waiver, if necessary.

Commissioner Higgs stated she raised issues with staff in terms of conditions with the waivers; and expressed desire to continue the public hearings to allow time to get clarifications. Commissioner Ellis stated a two week delay is all right, but not longer.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing to consider an ordinance amending Ordinance No. 93-27, Unpaved Roads to May 21, 1996. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO HYDRO ALUMINUM AUTOMOTIVE, INC.

Chairman Cook called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Hydro Aluminum Automotive, Inc.

County Manager Tom Jenkins clarified the $93 million number is the correct number to be incorporated in the ordinance.

Dale Baswell, 3040 Trinidad Circle, Melbourne, Project Manager for Hydro Aluminum Automotive, Inc., advised of the benefits of the incentive program.

Commissioner Higgs inquired if the Board needs to include the $93,423,380.91 in the Resolution. Economic Development and Legislative Affairs Director Greg Lugar advised that should be in the ordinance. Commissioner Higgs stated the recommendation from the EDC has caused concern; and while she recognizes the value of the business and wants to encourage expansion, she is concerned about the procedure. She stated the ordinance references the guidelines set by the EDC; the point system worked out to a five-year exemption, but the recommendation is for a ten-year exemption; and the Board needs to revisit the Ordinance to determine if this is the method the Board wishes to use. She stated if the guiding documents are not applicable to the real life situations, they should be changed.

Chairman Cook noted this application has been reviewed by the County Attorney and Property Appraiser; he is uncomfortable with the EDC review process; there needs to be some work on that; and while he supports moving ahead with this exemption, the process needs to be reviewed.

Commissioner Higgs stated the Ordinance allows the Board to take the recommendations but gives it discretion in what it does; and she would like to direct the County Manager to request staff and the EDC to look at the process and make recommendations. She suggested taking the EDC representation and additional representatives, with Mr. Lugar coordinating; and that way the application would come to the County with the EDC providing input. Chairman Cook stated he would support that.

County Attorney Scott Knox advised of meetings with the Property Appraiser; and stated staff is working on a revision which will come back within 30 days.

Commissioner Higgs inquired if there are applications in the process; with Mr. Lugar responding five applications have been submitted to the County Manager by the EDC; and staff is already implementing some of the steps recommended by the Property Appraiser. Commissioner Higgs inquired if changes could be made so the hearings are held at the Government Center and notices are provided. Mr. Jenkins stated he will contact each Commissioner to see if they have specific input. Chairman Cook stated there should be review of the procedures.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt an ordinance granting an economic development ad valorem exemption to Hydro Aluminum Automotive, Inc., 100 Gus Hipp Boulevard, Rockledge, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Chapter 196.012 F.S.; providing for proof of eligibility for exemption; providing for an annual report by Hydro Aluminum Automotive, Inc.; providing an effective date. Motion carried and ordered unanimously.

DISCUSSION, RE: IMPLEMENTATION OF ARR ZONING CLASSIFICATION IN WEST CANAVERAL GROVES

Commissioner Scarborough stated the County has gone to great lengths to make people come into conformity; a zoning classification has been created; approximately 20 out of 100 people have come in; it is more work for the Board and for staff to have each case done individually; and recommended determining if the people want to come into the new zoning classification by one administrative rezoning. He stated everyone else would have to come in separately; it is there if they want it; but that would be a separate decision. He explained the problems with the non-conforming properties. He recommended sending a letter advising the County is considering administratively rezoning their property to bring it into conformity, and requesting anyone having problems with it call the Zoning Official. He noted anyone who objects would not be included in the administrative rezoning.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve implementation of ARR zoning classification in West Canaveral Groves, and direct that a letter be send inquiring if the individuals wish to have their properties administratively rezoned.

Commissioner Higgs stated some property in the area has been rezoned, and those people have paid; and if properties are administratively rezoned, those individuals will not pay. Zoning Official Rick Enos advised a number of people have asked for their money back if the County chooses to administratively rezone. Commissioner Higgs inquired how many have paid; with Mr. Enos responding 20 have paid, and there have been some requests, but he expects to receive more. Commissioner Higgs stated the County needs to treat all the people equitably; with Chairman Cook advising he concurs.

Commissioner Scarborough stated he will include refund of application fee in his motion; with Commissioner O?Brien accepting the change as part of the motion.

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

DISCUSSION, RE: COUNTY COMMISSIONERS TRANSITION POLICY ORDINANCE

Commissioner O?Brien explained the need for a transition policy.

Commissioner Higgs stated she will live up to her obligation to insure that records are properly transitioned; but expressed concern with the $500 fine and imprisonment penalty. She noted allegations could be based on political feelings and not reality.

Commissioner Scarborough stated when someone takes information that belongs to the public, he has no problem with imprisoning them or taking $500. He advised of the Board?s need to insure that public records are not considered private property.

Commissioner Higgs reiterated allegations are made in political campaigns on both sides; and sometimes they are not true. Commissioner Scarborough stated if someone is in the public life, allegations are part of it; and emphasized the need for proper transition of records. Chairman Cook stated a policy is needed; but someone could make a false accusation.

County Manager Tom Jenkins inquired how will the County substantiate that records have been removed. He noted if it is blatant, it is obvious, but beyond that, it will be difficult to prove. Commissioner O?Brien stated the issue would not be before the Board if there had not been problems.

County Attorney Scott Knox advised the violation of the ordinance is only triggered if it is a known violation; and it is necessary to prove intent. He advised the penalty is standard for all County Ordinance violations set forth in Florida law; and the Board cannot do much about the penalty.

Commissioner O?Brien expressed interest in forming a transition team; and explained how it would work. Commissioner Higgs advised the ordinance does not do what Commissioner O?Brien is seeking. Commissioner O?Brien stated originally he requested a transition team, but the ordinance calls for all public records to be available for inspection by the incoming Commissioners or designee during regular business hours; and that should cure part of the problem.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to authorize advertisement of a public hearing to consider an ordinance setting forth policy for County Commissioners? transition. Motion carried and ordered unanimously.

DISCUSSION AND STAFF DIRECTION, RE: CITY OF TAMPA?S FAIR HOUSING ACT

County Manager Tom Jenkins advised the item is a result of a personal appearance; staff was asked to obtain a copy of the Tampa Ordinance; and advised of a memorandum from R. J. Lambert of Housing and Human Development.

Commissioner Higgs requested the County Manager and staff give further specifics in terms of implementation; and stated the ability of the County to do the monitoring needs to be fully outlined including the fiscal implications. She stated she supports fair housing and employment, but more information is needed. Commissioner Ellis expressed concern about the County enforcing the federal laws.

Chairman Cook expressed concern that the Tampa Ordinance mimics the Florida Civil Rights Act of 1992; stated it is a recapitulation of law that should be enforced; and he has questions about what purpose this would accomplish.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to provide further information on the specifics regarding the City of Tampa?s Fair Housing Act. Motion carried and ordered unanimously.

DISCUSSION, RE: FP&L v. BREVARD COUNTY

Chairman Cook stated the recommended action is to appeal. County Attorney Scott Knox advised the Judge found the Board had the authority to adopt the Ordinance on transmission lines, but it had the effect of impairing the obligation of contract with Florida Power & Light under a 1977 Franchise Agreement. He stated there are grounds for appeal if the Board chooses to do that; and advised the Board can expect a cross appeal from FP&L.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appeal the Florida Power & Light Company v. Brevard County case.

Commissioner Ellis stated he does not support the motion to appeal; he did not support the Ordinance; and expressed concern that if the Ordinance is found to be lawful, the County is being opened up to thousands of dollars in expenses in engineering and consulting fees to try and take power transmission lines through a permitting process.

Chairman Cook called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O?Brien, Cook, and Higgs voted aye; Commissioner Ellis voted nay.

APPROVAL, RE: PERMISSION TO RE-ADVERTISE FOR INDUSTRIAL BROKER SERVICES FOR SPACEPORT COMMERCE PARK

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize re-advertisement of Request for Proposals for industrial broker services to market the County-owned industrial property in North Brevard at the conclusion of the County?s work in improving the Industrial Park in Titusville.

Commissioner Scarborough stated he has no problem re-advertising; the property is unique in that the County owns the Industrial Park which is within City limits, but the City of Titusville is the governmental authority; and explained the problems with the first broker. He suggested allowing Public Works to finish its work before advertising the RFP so the property will have curb appeal by adding ?at the conclusion of the County?s work in improving the Industrial Park? to the motion.

Commissioners Higgs and O?Brien accepted the addition as part of the motion.

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

DISCUSSION, RE: APOLLO BOULEVARD EXTENSION

Ralph Johnson, 980 Whitmire Drive, Melbourne, advised of his background and experience; and stated when the Chamber endorsed the Apollo Boulevard Extension, its concern was to relieve U.S. 1 congestion; and outlined traffic problems in the area.

Ray Niemi, 900 E. Strawbridge Avenue, Melbourne, Public Works Director of the City of Melbourne, encouraged the Board?s support for the Apollo Boulevard Extension and development of a Joint Participation Agreement with FDOT. He advised of public hearings; state the Melbourne City Council, the Airport Authority and Melbourne/Palm Bay Chamber of Commerce have endorsed the project; and explained the benefits of the project.

Commissioner Ellis expressed support for the project; and stated the road was planned before the Hidden Harbor Subdivision was put in; and he would like to work the project jointly with the City of Melbourne. Chairman Cook stated the City should participate. Commissioner Higgs suggested the City be the lead and the County participate with the City. Commissioner Ellis stated he does not understand what would be the difference. Commissioner Higgs stated it would be a City project, and the County would support but not be the lead agency since the project is within the City and is an extension of its road. Growth Management Director Susan Hann explained the difference would be the agency which executes the joint participation agreement with FDOT would have maintenance responsibility and responsibility to pay the local match; and if the County wants to participate in the project, it will have an interlocal agreement with the City. Ms. Hann explained the procedure if the County was the lead agency. Mr. Niemi advised the City would not mind being part of the joint participation agreement, and would be willing to work with the County to develop that agreement. Commissioner Ellis stated the City of Melbourne would be in the lead with the County providing the match. Commissioner Higgs stated the County will participate, but the degree of the match is open to negotiation. Chairman Cook noted that would be part of the interlocal agreement. Commissioner Higgs noted it is just planning dollars, not construction dollars. Commissioner Ellis stated Apollo extension will provide traffic relief of a number of County and State roads in the area. Chairman Cook stated there is a benefit to the County with regard to traffic relief, but the County can participate with the City through an interlocal agreement. Mr. Niemi stated the agreement can be worked out and submitted to the City Council. Ms. Hann stated the motion would be for direction to negotiate with the City if the Board is inclined to support the project; and all the alternatives should be considered that were discussed with the public. Commissioner Higgs advised the FDOT and MPO discussion was to proceed to map out the other alternatives. Commissioner Ellis advised he does not support the alternative that comes up Croton Road; with Chairman Cook advising he would not support that alternative. Commissioner Ellis stated one alternative was to make improvements on Sarno Road which is already a major corridor, but he is concerned about trying to come in by the airport connecting into the back of Croton Road.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to direct staff to look at all alternatives for the Apollo Boulevard Extension Project, with the exception of the alternative which connects to the south end of Croton Road. Motion carried and ordered unanimously.

APPROVAL, RE: AUTHORIZE CHAIRMAN TO SEND LETTER TO GOVERNOR CHILES OPPOSING PROPOSED LEGISLATION ON THE POWER TO SELL PUBLIC HOSPITALS

Harold Bistline, 1970 Michigan Avenue, Cocoa, representing Wuesthoff Hospital, introduced Al Glover, Lee Barnhart, Robert Carmen, John Lovering, and Terry Murphy; and requested the Board adopt a resolution urging the Governor to veto House Bill 965 and Senate Bill 2392, which seek to cure illegalities in public hospital lease arrangements with private parties. He stated the first question is whether the law should allow the giveaway of public money, assets and control of a public hospital to a private hospital, and allow the private hospital to compete with health care providers like Wuesthoff Hospital which is forced to pay its own way. He stated another issue is whether the law should allow the transfer of assets and control of a public hospital to a private corporate entity outside the taxing district that created and funded the public hospital, which is what has happened when the Cape Canaveral Hospital District Board leased and transferred its assets to a private corporation which is controlled by another hospital outside the taxing district. Mr. Bistline stated the legislation is an attempt by certain interests to legitimize a financial arrangement which has been condemned by the courts in Everglades Memorial Hospital v. Palm Beach County Health Care District; and explained the findings of the case. He noted he has been able to review certain records regarding the transfer at issue, but has been denied access to other documents which are public records. He stated the documents which have been reviewed put the lease arrangement within the Everglades case; and in that case, in reversing the lease agreement, invalidating the lease, and returning the assets to the public hospital district, the Court emphasized it was not a scheme under which accountable public officials sitting as members of the private hospital board would have effective control over decisions affecting the obligations of public monies. He stated the legislation is bad policy, bad law, and bad for health care.

Dr. Chris Finton, Merritt Island, stated he is a cardiologist working in Central Brevard; his patients live in that area; and they want to achieve their health care in Central Brevard. He stated patients who were admitted to Cape Canaveral Hospital in the past who required certain procedures were allowed to go to Wuesthoff Hospital for care; but under the Health First arrangement his patients who are admitted to Cape Canaveral Hospital are forced to go to Holmes Hospital for the procedures. He outlined the concerns of his patients; and stated the merger is not in the best interest of the patients.

Robert Carmen, Chief Executive Officer of Wuesthoff Hospital, requested the Board consider a resolution to be sent to the Governor encouraging a veto of the legislation previously mentioned. He outlined the history of the Everglades Memorial Hospital v. Palm Beach County Health Care District case, and noted the similarities to the Brevard County case. He stated due to federal guidelines for Medicare, it was necessary to find out if Cape Canaveral Hospital is legally constituted; requests were made for documents to make the determination; and as a result Wuesthoff Hospital was sued by Cape Canaveral Hospital?s Board to allow the court to make the determination. He stated an amendment to Bill 1544 has far reaching effects; and explained the ramifications of the amendment. He noted the proponents of the legislation say there are safeguards, and he would like the opportunity to read the safeguards. He noted the Board may hear that Cape Canaveral Hospital has to merge to survive due to its size; and explained Parrish Hospital in North Brevard is known in the State for its excellence in management and financial stability, and it is a stand alone institution. He noted Parrish Hospital is only 60 beds larger than Cape Canaveral Hospital. He stated the amendment gives the corporation the opportunity to take tax district assets and transfer them to another organization with no limits to the transfers or sales of the assets. He stated the transfers have major implications to Wuesthoff Hospital; there is concern that the assets of Cape Canaveral Hospital are being transferred to Holmes Hospital; and the transfer of assets gives Holmes Hospital a $70 million free asset to compete with. He stated Wuesthoff Hospital has no problem competing on a level playing field; and if it is the desire of the taxpayers and the Board to put this on a level playing field, the hospital should be sold so the taxpayers can get their money, and guarantees can be included in the sales agreement that will provide it will be a hospital for a long time. He stated if the amendment is passed, the sales approach is the way to go. He stated there are many generalities and unknowns in the amendment; and requested the Board consider recommending the Governor veto the legislation. Mr. Carmen displayed a chart showing the hospital?s organization.

Discussion ensued on whether to take speakers out of order; with the Board reaching consensus to follow the order of the cards.

Al Glover, 2533 Meadow Lane, Cocoa, Chairman of the Board of Wuesthoff Hospital, stated if the actions of the hospitals that were tax exempt and have been transferred to not-for-profit organizations were legal, there would be no need for the legislation; but the fact that the legislation was passed through quickly and quietly speaks to politics in Tallahassee. He requested the Governor be asked to veto the legislation to allow the community time to review to find out if it is fair to all communities. He noted the legislation will be back on the table next year if it is vetoed, but will not be hidden on an amendment to a bill. He advised Indian River County has already sent a letter to the Governor in opposition to the legislation.

Rodney Ketcham, member of the Cape Canaveral Hospital Board and the Health First Board, stated the issue is in litigation; it is not about the bill that passed the Legislature; it is about competition; and 230 hospitals in Florida supported this, with only Wuesthoff Hospital in opposition. He stated Mr. Bistline has alleged Cape Canaveral Hospital did certain things that are compatible with the Everglades Memorial Hospital case; he only received notification of this meeting yesterday, and was unable to bring his attorney; and before the Board takes a vote, Health First would like an opportunity to address the Board in a prepared fashion. He advised the assets of Cape Canaveral Hospital are still owned by the District; the hospital cannot be sold without a referendum vote; and he is not sure what hospital in the County the legislation is proposed to affect. He stated the Board should hear all the facts; and it is an issue of competition, not one to be addressed by the Commission. He noted it is in litigation; and the court can decide who is right or wrong.

Larry Garrison, Chief Operating Officer of Health First and former CEO of Cape Canaveral Hospital, stated this is not about health care or patient care, it is about competition. He stated a Florida Statute was enacted in 1982 to allow public facilities to be more competitive in a changing environment; in 1985, over 40 hospitals decided to use that route; and that was completed for Cape Canaveral Hospital in 1985. He stated the original tax monies received by Cape Canaveral over a 22-year period amounted to $6 million; every penny of that did not go to operations; it went to principal and interest on existing bond debt to pay for facilities; and since 1985, as part of the lease arrangement, $7 million has been returned to the property owners of Cape Canaveral Hospital District. He stated the new Cape Canaveral Hospital, Inc. was required to pay all existing debt as well as any new debt service; the tax money was returned to the property owners; and the hospital was required to pay and provide for charity care just as the public hospital did. He advised in the past 11 years, the net asset value has gone from $25 million to $75 million; the Cape Canaveral Hospital District still owns the assets; the enabling legislation provides that to sell the Cape Canaveral Hospital District, the terms of the sale would have to be part of the referendum; and the residents of the tax district would have to approve the term and the sale. He advised of the method of operation of the hospital; and disagreed with Mr. Bistline?s opinion regarding the applicability of the Everglades Memorial Hospital decision to the situation with Cape Canaveral Hospital. He requested the item be deferred until all sides have adequate time to share information with the Board.

Commissioner Ellis inquired how much is the hospital being leased for now; with Mr. Garrison responding the hospital has to be self sufficient; it cannot depend on any ad valorem taxes; all existing debt had to be paid; and charity care has to be provided. Commissioner Ellis inquired if the facility is now leased to Holmes Regional Hospital; with Mr. Garrison responding it is not. Mr. Garrison estimated the elements of the lease over 11 years would amount to over $30 million. Commissioner Ellis inquired how were the property owners reimbursed; with Mr. Garrison responding taxes were $550,000; and if that had stayed in place over ten years, the property owners would have paid $7 million to the District. Commissioner Ellis inquired if taking them off the tax roll is how they were reimbursed; with Mr. Garrison responding that is a substantial savings of $7 million to the property owners in Cocoa Beach and Cape Canaveral. Commissioner Ellis stated if the County had a golf course paid for by taxes and leased that asset for $1 a year, it would be an injustice to the taxpayers; and expressed concern with the legislation in terms of fair market value for leasing. Mr. Garrison stated the $7 million would have been paid; and as part of the lease, the taxpayers do not have to pay that, which is a direct savings. Commissioner Ellis noted if the golf courses stop losing money, the residents will not have the contribute toward that; and if the hospital is profitable and goes off the tax rolls, he does not see that as a savings for taxpayers. Mr. Garrison stated the Tax District still owns the facility; and noted the benefits of the lease to the District. Commissioner Ellis stated leasing for a token value is giving away an asset.

Commissioner Higgs stated the asset remains in the hands of the Tax District; and the people in the area still have the benefit of the hospital.

Commissioner Ellis inquired how would the issue be put on the ballot to sell the hospital; with Mr. Garrison responding it would be a decision of the Tax District Board. Mr. Garrison advised all of the documents relating to the reorganization and the Tax District were furnished to Wuesthoff Hospital; but Wuesthoff Hospital also requested all the documents for Holmes Regional Medical Center and Health First, which indicates interest in more than just Cape Canaveral Hospital and business relationships.

Commissioner Scarborough stated there are things in the Canaveral lease that are different than the legislation; the legislation will apply throughout the State; and it will probably allow for-profit corporation hospitals to move into the State and start acquiring those entities. Commissioner Higgs stated they are already here. Commissioner Scarborough stated the word ?for-profit? is not there; and there are things that will change substantially. He stated it is important to ask questions of the County Attorney and understand what the legislation is going to do for the State. Chairman Cook stated the Board needs to concentrate on the legislation which applies to the entire State.

Commissioner Scarborough inquired if the legislation provides for where money from a sale would go, and does it require a vote of the people for the sale, as there is a hospital in his District which may fall under this legislation. Commissioner Higgs stated Mr. Knox is not an expert on the legislation. County Attorney Scott Knox stated he read the legislation, but has not studied it.

Commissioner Ellis stated the legislation calls for the facility to be sold for fair market value, but there is nothing requiring fair market value on a lease. Commissioner Scarborough stated he did not see anything about a sale having to be approved by the electorate. Commissioner Ellis stated the governing board could elect to sell the hospital. Commissioner Scarborough stated it calls for a public noticed meeting, and that is it. Commissioner Ellis noted as long as it is sold at fair market value, if it is sold for a not-for-profit or for-profit, the money can be returned to the taxpayers for the asset. Commissioner Scarborough inquired if the legislation includes a return to the taxpayer of those monies. Commissioner Ellis stated he does not know what else could be done with the funds. Chairman Cook stated the public boards are becoming ceremonial, but the intent was to have the local public citizens appointed and have input. Commissioner Scarborough expressed concern about the indigent care, which was addressed in the lease, but is not addressed in the legislation. He stated when there are for-profit hospitals purchasing hospitals, there is nothing to indicate there would be continued operation; and if a facility is not profitable, it could be closed. He stated if Cape Canaveral Hospital is closed, the people would have to travel; and the Board needs to insure the Governor knows its concerns.

Commissioner O?Brien stated there are no terms in the legislation that say where the money would go if the hospital was sold; a hospital could set aside the $60 million or whatever for indigent care; and that would help close the deal. He stated the people paid $6 million; that is worth $12 million now; and the people made a good investment. He stated if it was decided to sell the Cape Canaveral Hospital, it would have to go to referendum, which is good; and part of the deal could be the return to the taxpayers of the $60 million or whatever. He stated if it was $60 million, Cocoa Beach could receive $25 million, Cape Canaveral $25 million, and $10 for a small part of Merritt Island; and that money could be used for new schools or infrastructure or whatever. Commissioner Ellis suggested giving it back to the residents. He stated the legislation runs counter to the efforts of local citizens and public officials to regain control which has been diluted over the years by long-term leases and other arrangements; Wuesthoff Hospital, which is a private hospital, is upset that the legislation creates an unlevel playing field; and the argument is not about the quality of service the hospital has brought to Cape Canaveral. He noted his experiences with Cape Canaveral Hospital; and stated the argument is about what the legislation will do, and whether it allows the taking of the asset. He stated Indian River County wanted to put more oversight and control back into the elected board of trustees; Brevard County?s hospital boards are not elected, and are appointed by the Governor; but the appointed board reflects the public interest in its own properties and assets. He stated at Cape Canaveral Hospital, the Board of Directors tries to keep the best health benefits for those utilizing the hospital; the new law works against the restoration of public control; and it should be vetoed. He stated the bills allow for the conversion of tax district hospitals and subsequent transfer of control of the assets which can be taken out of the taxing district; the Tax District Board remains at Cape Canaveral, but the Health First Board meets at Suntree; and they are the ones controlling the assets of the hospital. He stated the bills will allow the eventual closure of tax district hospital services in the name of efficiency and cost savings; and the taxpayer is left out of the deal. He stated the taxpayers own the hospitals, but they have nothing to say about how they should be run. He stated the Statute would permit transfer of all the assets of a tax district hospital to a for-profit or a non-profit group; and that includes everything associated with the hospital. He noted the investment of the taxpayer; and stated a return is expected on an investment. He advised of the sale of Cape Coral Hospital; and inquired if there is a lack of public oversight. He stated he does not agree that not having to pay the taxes is paying the taxpayers back; the people in the Canaveral Hospital District have wonderful benefits; he heard that Parrish Medical Center has 61 more beds than Cape Canaveral Hospital; however, he heard that Cape Canaveral Hospital wants to de-license 51 of the beds, which is 30% of all the beds, to provide nursing home care within the hospital. He stated when hospitals are leased, the costs should drop; but they have risen, not dropped. He stated this is a nationwide problem; his company pays its own health care costs; and those costs have never gone down, but have risen by 15 to 20%. He stated if public and private hospitals could keep the costs down, it would not be necessary to address this today; but someone is not getting the message. He expressed concern about the limiting of hospitals under the HMO plan.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to direct the County Attorney to prepare a letter requesting Governor Chiles veto House Bill 965 and Senate Bill 2392

Commissioner Ellis stated his concern is the leasing arrangement.

Commissioner Scarborough stated to just say veto is not fair to the Governor; and requested the Board go through a checklist of concerns.

Commissioner Higgs inquired if the Brevard County Legislative Delegation supported the legislation; with Commissioner O?Brien responding he presumes it did. Commissioner Higgs stated the information she received was from an individual Commissioner; and inquired if the Indian River County Board of County Commissioners is on record as opposing; with Commissioner O?Brien responding affirmatively. Commissioner Higgs inquired when will the Governor sign the legislation; with Mr. Bistline responding within 15 days. Commissioner Higgs stated the Board does not have adequate information to make meaningful comments on this piece of legislation; and suggested transmitting a letter to the Governor requesting seven days for the Board to gather information and express concerns.

Commissioner Scarborough stated he has no problems with additional advice, but he has concerns now, and does not need to wait. He stated the legislation does not talk about fair market value for the lease, continued operation, continued indigent care, and where the money will be returned to the taxpayers. He stated it should be more than cessation of tax burden; and Parrish Medical Center is still public, but there is no tax burden. He stated in the shift from public to private, the people have their rights through the public record law, sunshine law, etc. He stated as a shareholder in a corporation, he has the right to a shareholder?s derivative suit, and the right to get information, but there are no shareholders and no public participation provided for in the legislation.

Chairman Cook stated he will support the motion to request a veto with the stipulations Commissioner Scarborough mentioned. He stated his concern is that public control of the hospitals is being lost, and what that holds for the future.

Commissioner Higgs stated the Chairman will send the letter; and inquired if the concerns will be enumerated. Discussion ensued on the elements of concern.

Chairman Cook directed the County Attorney to prepare the letter for the Board?s review; and stated if it meets the Board?s approval, it will be faxed to the Governor.

Commissioner Higgs stated Section 2 on page 4 addresses retroactive application of the Statutes; and inquired if that is what will happen. Mr. Knox stated the section provides it will apply retroactively; but the section addressed says any sale or lease prior to the effective date of the Act is governed by the prior provisions of subsection 2, without the changes. He stated the old lease had to comply with Subsection 2 and does not have to comply with the new provisions of the Statute; and it would be necessary to read the legislative history to understand why it came forward the way it did. Commissioner Higgs inquired if the Legislature can write law and have it apply retroactively; with Mr. Knox responding it can in some circumstances; but in this case, it does not have that effect. Mr. Knox stated it recognizes the old law applied to old leases.

Chairman Cook stated the Board will be asking for the veto and outlining the things Commissioner Scarborough said. Commissioner Higgs stated there are implications from this bill that may seem apparent; Commissioner Scarborough?s concerns are valid; but there are things in the bill the Board may not understand today. She suggested sending a letter to the Governor requesting additional time and expressing concerns. She noted the last time the Board sent a letter to the Governor, he was sensitive to what was said; and the Board should be cautious in requesting a veto without full information. She stated it would be in the Board?s best interest to have seven more days to get further information. Commissioner Scarborough noted the Board has no problem supplementing the letter in seven days. Discussion ensued on whether to ask for the veto.

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

The meeting recessed at 11:04 a.m. and reconvened at 11:22 a.m.

APPROVAL, RE: ADDITIONAL SHERIFF?S OFFICE POSITIONS FOR HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Commander Jack Parker stated he will respond to any questions regarding the Sheriff?s request for seven additional positions for the court security area.

Commissioner Ellis stated he does not understand why additional positions are needed when there are as many courthouses as there were before. Commander Parker responded the new structure is larger and more complicated as far as security measures; there are several new positions that were never figured in with the other courthouses, such as the control room areas; there is a large inmate holding area which will hold more inmates than the Rockledge Courthouse; an officer needs to be assigned to that area; and that officer would also help with the movement of inmates to the courtrooms. He noted one person could not cover the four-story structure adequately. Commissioner Ellis stated he thought there would be savings; a number of bailiffs are coming from the central facility; there are only twelve courtrooms; and even if all are used, there should be some bailiffs free to perform other duties. Commander Parker stated the hope with the consolidation was to bring support personnel in to accomplish that; but as the judges are still capable of using the hearing rooms, security must be provided. He stated two people have been assigned to each judge, but frequently there will be a need for a third person; and four of the additional seven people requested are for positions necessary due to the design of the Justice Center.

Chairman Cook expressed concern that every time there is consolidation, it costs the taxpayers more money. He stated he is not comfortable supporting the additional positions; and it will be necessary to move in to know what positions are needed. He stated the Sheriff is trying to estimate the needs, but he is not comfortable supporting the request; the step plan is costing hundreds of thousands of additional dollars; all of the Commissioners supported that; and the Board has been responsive to the needs.

Commander Parker advised when the request is for two to three people, it is not a guess; at some times two people are needed, while on others three are needed, depending on the load; and there is no guesswork in the request. He noted the letter that was sent to the Board last year advised there would be additional staffing requirements with implementation of the Justice Center; the numbers are the findings of the transition team which recommended 18 additional personnel; the Sheriff was not willing to ask for that number; and that number has been tapered down to seven which is the absolute minimum. He stated the four positions mentioned are new with the Justice Center; and they cannot be made up with existing staff.

Chairman Cook inquired what will they be doing if they are not in coverage; with Commander Parker responding there always will be coverage. Commander Parker stated there are 56 people; every position is absolutely necessary; there are only four coverage personnel; and two of the coverage personnel will be working at the jail, which is really an additional courthouse. Chairman Cook stated it would be better to determine the needs once the personnel move in; the Board recently turned down new positions for Court Administration; it is a tight budget situation; and it is difficult. Commander Parker said consolidation was the goal; and it was a good objective, but it was not met. He stated as a result it has been necessary to reduce staff in the Titusville and Melbourne Courthouses and bring everyone to the Harry T. and Harriette V. Moore Justice Center; and there is no fat in the request. He stated Commissioner Higgs inquired if it would be possible to request four staff persons instead of seven and come back to the Board if more are needed; the request was scaled to the absolute minimum; and if additional positions are needed over the seven, it will be necessary to come back to the Board.

Commissioner Scarborough stated the County was sued because of safety issues; and it has spent money for security, but now it appears it will cost more for personnel. He inquired if there were security problems at Melbourne, why were there not more deputies there; and why are more deputies needed at the Justice Center is supposed to be safe. He stated there should be a reduction in staff because the facility should be able to be managed better. He stated the Sheriff, County Manager, and A&E firm need to meet and report to the Board on why money is being spent when the County should be able to save money.

Commander Parker stated regardless of the reason, there is a staffing shortage, and the Justice Center is scheduled to open July 8, 1996; there is not sufficient staffing; and there are courtrooms and hearing rooms that will not be able to be staffed.

Commissioner Higgs stated there was an outstanding nationally recognized A&E firm that did the design; and before the Board funds the additional positions being requested, it needs to find out the estimate and get the firm?s input. She stated the Board needs to look at the plan; if economies of scale are not being achieved by the consolidation, then the problem needs to be reviewed; and the Board should ask staff to determine if there are savings potentials in contracting with a security firm to provide some of the services. She stated there are two positions that are unique; and the Board could authorize those as there are funds in the Sheriff?s existing budget to cover those costs.

Commissioner Ellis stated the control room is new; and the two positions need to be filled. He advised he has agenda items for the May 21 Agenda; one is to work with the Clerk of the Courts to see about keeping the Melbourne office open; and the other is the movement of the juvenile courts.

Commissioner O?Brien stated presently all the judges have a courtroom and hearing room some place; and inquired if the judges are moved to Viera, why is there increased cost, and why are judges being left in Titusville and Melbourne. He stated he has been told the reason is that the Justice Center is not big enough for all the judges. Commissioner Ellis stated that is not correct; a design decision was made to keep County courts in Titusville and Melbourne to keep high volume traffic out of the Justice Center. Commissioner Scarborough advised of an earlier study which recommended keeping the County courts close to the people as 70% of the action is there, and centralizing the Circuit courts; and stated the County consolidated more than the study recommended. Commissioner O?Brien stated there are two Circuit court judges in Titusville; and they should be brought to Viera. Commissioner Scarborough noted the ability to get an injunction is through a Circuit court judge; and there is a facility in Titusville. Commissioner Ellis noted it is a practical issue; the historic Titusville Courthouse had been refurbished; and it did not make sense to abandon the facility. Chairman Cook agreed it is necessary to find out what went wrong; stated the County built a state-of-the-art courthouse which has increased security; and the Board is getting requests for more money. Commissioner O?Brien expressed concern that something is not right; the Justice Center was built at a cost of $18 million; and the formula was to consolidate everything in one building. Commissioners Higgs and Ellis advised that was never the plan. Commissioner Ellis stated the plan was to leave the high volume County courts in Melbourne and Titusville, and bring the Circuit court judges to one facility where they could trade off. Commissioner Scarborough stated some investigation was done about what other places are doing; massive consolidation has not worked; and predicted in a few years there will be a Commission talking about building government and court facilities in Palm Bay because there will be too many people, and it will not make sense for them to travel so far. Commissioner Ellis predicted another County judge will be sent back to Melbourne. Chairman Cook stated he understands the new Justice Center is at capacity as it is being built. Commissioner Ellis explained it is not at capacity; there are two spaces; and there is the potential to keep Juvenile Court separate from the rest of the courts, which could make another judicial suite available. Chairman Cook stated he has been told there is no room for expansion. Discussion ensued on whether there is expansion room in the Justice Center.

Motion by Commissioner Higgs, seconded for discussion by Commissioner Ellis, to authorize the Sheriff to proceed with two control room positions for the Harry T. and Harriette V. Moore Justice Center, to be funded from minimum security personnel funding; and direct staff to reassess security plans with the architect who provided the original input, and come back in a short time with estimates if a private firm took over the security functions.

Commissioner Ellis stated it is not proper to look at privatization until the Justice Center is in operation. Commissioner Higgs stated the Board needs to get basic information from staff on what can be achieved in terms of savings, then decide if it wants to look at the issue.

Commissioner O?Brien inquired if the control room positions can be filled by trained civilians rather than police officers; with Commissioner Higgs advising they are not police officers. Commissioner O?Brien stated they are hired by the Sheriff; and he thought they were uniformed officers. Commissioner Higgs noted there are bailiffs and judicial support officers.

Commissioner Higgs restated the motion. Chairman Cook inquired if Commissioner Higgs would prefer to get the information before approving any positions; with Commissioner Higgs responding the two control room positions will have to be there when the Justice Center opens.

Commissioner O?Brien noted increased population results in increased workload; and inquired if this is not a bad request because more policemen are needed in the courtroom. Commissioner Scarborough noted methods used at Brevard Community College; and inquired why the County has failed to decrease operating costs as capital costs have gone up, and security should be easier. Chairman Cook stated the County has been supportive of the Sheriff, but it has to be responsible with public money. Commissioner Ellis noted many civil cases clear before the week starts resulting in spare bailiffs; and when the Justice Center opens, it will be possible to see if there are available personnel. Commissioner O?Brien agreed with waiting until things are started to determine the needs; and stated shifting of personnel may compensate. Chairman Cook stated it may be possible to maximize personnel. Discussion ensued on the costs for the requested positions.

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

County Manager Tom Jenkins inquired if privatization is just for additional positions or for the entire operation. Commissioner Higgs stated the Board needs information on privatizing the entire operation. Chairman Cook stated that is something the Board needs to look at; and the concerns expressed by the Board are why it is in this position.

SPEED HUMP REQUESTS, RE: SAND PINE ROAD, SAND DOLLAR LANE, AND CORAL WAY EAST

Commissioner Ellis explained the problems with the request; stated he does not see the need for speed humps on Sand Pine Road and Sand Dollar Lane; and speed humps on Coral Way East would be adequate to solve the problem for the entire neighborhood because they would eliminate the shortcut from A1A to South Patrick.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to approve request for installation of speed humps on Coral Way East and deny requests for Sand Pine Road and Sand Dollar Lane.

Chairman Cook inquired if other options have been explored; with Traffic Engineering Director Billy Osborne responding all options were explored.

Commissioner Higgs inquired if the Coral Way East speed humps will solve the problem; with Mr. Osborne responding the study showed there is no problem on Sand Dollar Lane or Sand Pine Road, but Coral Way is used for a shortcut between two major roadways. Commissioner Higgs expressed concern that by denying Sand Pine Road and Sand Dollar Lane speed humps, the residents will feel the County is not concerned about the problem; and stated she would like to proceed with Coral Way East to see if it will work, but if it does not solve the problem, the Board should readdress the issue with Sand Pine Road and Sand Dollar Lane. Commissioners Ellis and Higgs exchanged comments about the traffic flow.

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

REQUEST TO SUBMIT ROADWAY AND EASEMENT IMPROVEMENT APPLICATION, RE: MELBOURNE SQUARE MALL TO PIPE M-1 CANAL

Commissioner Ellis advised of the Melbourne Square Mall?s desire to pipe part of the M-1 Canal for parking and the Mall?s willingness to put in as big a pipe as might be required; and stated another alternative would be to allow the mall to re-stripe its parking lot from 11-foot to 10-foot spaces. He noted re-striping would be a simpler way than piping the canal; and suggested sending a letter to the City of Melbourne requesting it work with the Mall on the parking changes.

Commissioner Scarborough inquired if Commissioner Ellis has talked to anyone in the City about this, and has it received opposition; with Commissioner Ellis responding no, but he would be glad to take it to the Melbourne City Council.

Chairman Cook inquired what is the County?s regulation on parking widths; with Commissioner Ellis responding 9 feet; if the City allows re-striping to 10-foot spaces, there will be 400 additional spaces which would eliminate the need to pipe the canal. Commissioner Ellis noted piping the canal would be more than a $1 million expense; and he has concerns about piping the major canal system in the area of Melbourne and West Melbourne when the problem could be solved simply by re-striping the parking lot.

Commissioner O?Brien inquired if the Mall wants the 11-foot spaces for the ease of its customers. Commissioner Ellis advised the City requires 11 feet; the Mall is willing to re-stripe 70% of the spaces to 10 feet and leave the 30% closest to the mall at 11 feet; and while most of the time only the nearest spaces are used, during the holiday season the whole parking lot is needed.

Chairman Cook inquired if the Board should be sending a letter on behalf of a private entity. Commissioner Ellis advised the M-1 Canal is the major drainage for Melbourne, West Melbourne, and Eau Gallie. Chairman Cook inquired if piping would hinder the flow; with Commissioner Ellis responding if would have to be a big enough pipe. Chairman Cook inquired if it can be piped not to restrict the flow; with Public Works Director Henry Minneboo responding staff was comfortable with the report; what will be done to the west of the Mall will assist in the problem; and staff supports the analysis. Chairman Cook inquired what size piping will be required; with Mr. Minneboo responding twin 72's; and there will be a modification at the Dairy Road intersection. Commissioner Ellis stated the pipe would have to be larger than that; and explained why.

Commissioner Scarborough noted for several decades the size of automobiles has gotten smaller, demanding less space; it may be possible to have 9-foot spaces instead of 11-foot spaces; but the City has not amended the Ordinance. He suggested Commissioner Ellis present traffic studies indicating the change makes fundamental sense because automobiles have gotten smaller; and he would support Commissioner Ellis going with technical data. Commissioner Ellis noted beyond helping the mall, it is helping Brevard County because even if the ditch is piped with 200 square feet of pipe, if there was ever another water problem, all the blame would fall on the County.

Motion by Commissioner Ellis, to approve Right-of-way and Easement Improvement Application by Melbourne Square Mall to pipe the M-1 (Crane Creek) Canal system in the vicinity of the Melbourne Square Mall; and direct staff to schedule an Agenda item with the City of Melbourne to request the City work with the Mall for alternative parking solutions which may not require piping the M-1 Canal.

Commissioner Higgs suggested sending a letter to the City. Commissioner Ellis stated he does not mind sending a letter, but is willing to go to the City Council if that is what needs to be done.

Chairman Cook stated he does not have a problem with that, but it should be done prior to a decision on the piping. Commissioner Higgs noted the motion is to do both. Commissioner Ellis stated the only thing the Board is doing is saying if the Mall is willing to come in with a big enough pipe, it can pipe the canal. Chairman Cook inquired if it is in the County?s best interest to pipe the canal; and stated if it is not, he does not want to approve the motion. Mr. Minneboo advised staff does not advocate piping this particular type of outfall.

Chairman Cook suggested sending a letter to the City and authorizing Commissioner Ellis to go to the City Council to advise the County does not believe this to be the best solution and would like request the City work with the Mall to allow adjustment to the parking space size. Commissioner Scarborough stated he would like that to be part of the motion and for there to be technical support. Chairman Cook stated if that fails, the Board can look at the idea of piping. Commissioner Ellis advised the Mall is working with another tenant to make an addition to the Mall, which is why the parking is required. Chairman Cook stated his concern is not the Mall or its tenants; that is a private enterprise; and while he is happy to accommodate the Mall, his primary interest is what is in the best interest of the County?s citizens. He stated he is not getting a response from staff that piping is in the best interest of the County from the standpoint of drainage. Commissioner Ellis noted that cannot be answered until the size of the pipe is known; staff will not approve a pipe that is not large enough; but while an adequate pipe can be put in, the question is whether that is the smart thing to do. Chairman Cook stated he supports Commissioner Ellis?s initiative to request the City?s cooperation; and if it fails, the issue can come back to the Board. Commissioner Ellis noted he does not know what the Mall?s timetable is; and the suggested process could take four or five months. Discussion ensued on size of the pipe, waiver of parking space size, and drainage.

Commissioner Scarborough noted if there are problems, Commissioner Ellis can put the issue back on the Agenda at the next meeting for the Board to approve the piping, or he can bring it up at any meeting including a workshop. Chairman Cook agreed there will be opportunities for the Board to address the issue.

Commissioner Ellis requested the Board authorize him to get on the Agenda for the Melbourne City Council, and set the issue for the May 14, 1996. He requested staff from Road and Bridge and Land Development be authorized to accompany him to the Melbourne City Council meeting to address the width of the parking spaces.

Commissioner Higgs suggested calling the Melbourne City Manager to ask what it takes to get a variance as opposed to scheduling it on the Agenda. Chairman Cook stated he would like to hear a response from the City.

Commissioner O?Brien seconded the motion to approve Right-of-way and Easement Improvement Application by Melbourne Square Mall to pipe the M-1 (Crane Creek) Canal system in the vicinity of the Mall; and direct staff to schedule an Agenda item with the City of Melbourne to request the City work with the Melbourne Square Mall for alternative parking solutions which may not require piping the M-1 Canal. Motion did not carry. Commissioner Ellis voted aye; Commissioners Scarborough, O?Brien, Cook, and Higgs voted nay.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to authorize sending a letter to the City of Melbourne expressing the Board?s concerns and desires; authorize Commissioner Ellis to schedule an appearance before the Melbourne City Council, if desired; and set an Agenda item for May 14, 1996 to allow representatives of the Melbourne Square Mall to address the Board regarding their timetable, if they desire. Motion carried and ordered unanimously.

The meeting recessed for lunch at 12:11 p.m. and reconvened at 1:14 p.m.

Chairman Cook stated the Board received the letter to send to Governor Chiles regarding the proposed legislation on the power to sell hospitals; and inquired if it meets everyone?s approval.

Commissioner Scarborough stated Item 2 says there is no provision addressing how the sales proceeds are to be distributed; and inquired if the Board wants to say they should go back to the taxpayer. He stated Items 3 and 6 are the same thing. Chairman Cook stated Item 3 will be removed, if there is no objection, and Item 2 will say ?back to the taxpayers.?

Commissioner O?Brien read aloud Item 4; stated that was not the Board?s meaning; and it should be ?sold or leased.? Discussion ensued on non-profit, not-for-profit, and for-profit hospitals. Chairman Cook stated if it should read ?sold or leased to a private for-profit or non-profit corporation.? Chairman Cook requested the County Attorney make the revisions to the letter for his signature.

APPROVE REFUNDING OF LIMITED AD VALOREM BONDS, SERIES 1991, ISSUANCE OF NEW BONDS THROUGH COMPETITIVE SALE, AND AUTHORIZE CHAIRMAN TO EXECUTE BOND DOCUMENTS, RE: LIMITED AD VALOREM TAX REFUNDING AND IMPROVEMENT BONDS, SERIES 1996

Financial Advisor Tom Holley advised the bonds were going to be sold through a competitive sale; however, it is a refunding issue; the Board has set criteria for refunding issues; and the bonds fell into the lower range of the savings level. He stated through a conference call yesterday, he advised postponement of the sale until the market improves. He advised the first aspect of the sale is the refunding aspect; and the second aspect is the portion for new money so the eels money would continue to acquire land. He advised the EELS program can continue to acquire land without regard to this sale because of the commercial paper program that is in place; and recommended postponement of the sale. He requested the Board delegate to the Chairman or Vice Chairman the ability to award the bonds upon meeting certain criteria. Mr. Holley noted the criteria for savings is a range of 3 to 5% of the bond issue; today it is approximately 3.4%; and the Board has never approved an issue at that level of savings since he has been Financial Advisor. He suggested a threefold test be met before award of the bonds through a delegated sale, savings of at least 4%, raise at least $2 million in new money, or at least $475,000 in savings; and explained the reason for the threefold test. He advised the Bond Counsel has revised the Resolution to provide such a delegation to the Chairman; and recommended the Board adopt the Resolution providing the criteria on a delegated award basis.

Commissioner Ellis inquired if the Governor signed the bill on excess millage; with Assistant County Manager Stephen Peffer responding he has no word on that. Commissioner Ellis stated the excess millage question was one of the factors in the program. Mr. Peffer advised the coverage on the bond is 20 to 25%; so, the County could live within that coverage with the excess. Commissioner Ellis stated if the Governor signs the bill, the excess millage could be used for maintenance, but if he fails to sign, the County would have to go to additional debt for capital; and if the Governor signs the bill, the County will not need to get the new money under the bond issue, but can do a simple refinancing of the old money. He inquired if Mr. Holley is looking for permission for a straight refinancing or plus the additional $2 million. Mr. Holley responded it can be done either way; the refinancing stands on its own from a level of savings; and the new money was added because it is efficient to combine the two issues. Commissioner Ellis reiterated, depending on what happens with the Governor, there may be no necessity to do the new money. He explained the Board?s desire to set up a maintenance endowment if the excess millage can be used for maintenance; and stated otherwise it would be necessary to set up a line item General Fund for maintenance.

Commissioner O?Brien inquired why is the County bonding $2 million more; with Mr. Peffer responding the $2 million that would be realized through the refinancing would not be a significant additional cost to the County; and it would allow the County to take advantage of decreased interest rates over what the current bond is. He explained the need for funds exceeds the County?s availability of funds; the approved CARL projects are larger than the dollars to fund; and additional dollars that come in for capital purchases will further implement the County?s ability to carry out those projects. He noted bond dollars are strictly for acquisition and improvements. Chairman Cook noted the money would be under the authorized cap of the referendum which was up to $55 million.

Commissioner O?Brien inquired about maintenance of scrub properties which were not previously maintained. Chairman Cook noted the specifics of maintenance will come to the Board to be addressed. Mr. Peffer advised prior to the resolution of the excess ad valorem millage issue by the Legislature, staff was not comfortable bringing a maintenance program to the Board, but one has been drafted and will come to the Board in the near future. Commissioner O?Brien reiterated his concern about maintenance of something that never required maintenance before. Mr. Peffer stated fire is essential in maintaining scrub property for turnover where growth is appropriate and supports the birds; but as development has occurred, fire is no longer practical; fire is suppressed to protect people; and the property requires a different type of management of natural properties because of the human element. He noted management takes on a different look when you take into consideration the human element.

Chairman Cook inquired if the Board wants to authorize the mechanism subject to the conditions. Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution supplementing and amending a Resolution adopted by the Board of County Commissioners of Brevard County, Florida on February 1, 1991, as supplemented and amended; providing for and authorizing the issuance of its Limited Ad Valorem Tax Refunding and Improvement Bonds, Series 1996, in the aggregate present value principal amount of not to exceed $14,000,000 to acquire certain environmentally endangered lands and make improvements with respect thereto and to refund a portion of the County?s Outstanding Limited Ad Valorem Tax Bonds, Series 1991 as designated by the Chairman under criteria herein established; authorizing the Chairman or Vice Chairman of the Board of County Commissioners and the Clerk or Deputy Clerk of the County to award the sale of such bonds based on bids submitted at public sale and approving the conditions and criteria of such a sale; specifying or establishing the criteria for determining the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds; approving the Preliminary Official Statement and ratifying the circulation thereof; authorizing the execution and delivery of an Official Statement with respect to the bonds; approving the form of and authorizing the modification and execution of an Escrow Deposit Agreement and designating an escrow agent thereunder; designating the bond registrar, paying agent and authenticating agent for said bonds; approving the form and authorizing the execution and delivery of a letter of representations with the depository trust company; providing for the transfer of certain moneys held in funds and accounts for the refunded bonds; providing covenants to comply with applicable tax and arbitrage rebate requirements; providing certain covenants for the benefit of Ambac Indemnity Corporation as an inducement for it to issue its municipal bond insurance policy with respect to the bonds, and authorizing the negotiation and execution of a commitment with respect thereto; approving the form of and authorizing the execution and delivery of a continuing Disclosure Agreement; providing an effective date for this resolution; and providing certain other details with respect thereto.

Commissioner Ellis stated he does not want to authorize the new money; the excess millage has been taken care of by the Legislature; and if the Governor signs the bill, he would prefer to have the excess millage accumulate in a fund so it can be used for capital or maintenance. He noted once it is put as a portion of the bond issue, it has to be used for capital.

Commissioner Scarborough inquired if there will be money left for maintenance to adequately cover what is needed for the program. Management Services Director Michael Managan stated even with the new money, it does not take it up to the cap for EELs. Mr. Holley stated the current limited ad valorem tax millage based on the quarter mill is $3,321,000; the maximum debt service on the bond is $2,657,000; and there is $650,000 per year available for other purposes.

Commissioner Ellis stated the idea behind the excess millage for maintenance was to set up an endowment fund; the interest on that fund would provide the annual maintenance fund in perpetuity; APPROVE REFUNDING OF LIMITED AD and it is necessary to know how much money is required in the fund in 2011 to estimate how much will be earned each year for the maintenance. He stated all that was accumulated prior to the Legislature making the change is going to capital; it had been set aside for the maintenance endowment; and the Board cannot look at the excess ad valorem revenue above the debt repayment every year for maintenance because that will come to an end at the end of the 20-year term.

Chairman Cook stated the intent was to set that up, but the County will maintain the property at whatever level it can afford; and the major issue of the EELs referendum was the acquisition.

Commissioner Ellis stated the Board does not know if it has enough money for the endowment; and if it ends up 30 years from now with nothing but a 100-acre tract with Brazilian pepper trees, it has defeated the purpose. Chairman Cook noted the Board will have to look at what level of maintenance is adequate. Commissioner Ellis stated as long as the money is not tied to a bond issue, it can be used either way; but once it is tied to a bond issue, it has to be used for capital; and expressed concern about having the new money tied into a bond issue rather than taking the excess millage over time as it comes in. Chairman Cook stated even tying the new money to the issue, there will be sufficient revenue to take care of the needs; and the County is not at the cap that was authorized. Commissioner Ellis noted it is at the quarter-mill cap; it is not at the cap for debt service; but the millage is at the cap of .25 mill; and the maintenance is driven by excess millage over the debt service. Commissioner Higgs advised the County does not have a maintenance endowment; with Commissioner Ellis advising that was the intent and what Dr. DeFreese had set up; and the smartest way to go is to set up a maintenance endowment with the excess millage so the land would be cared for in perpetuity. Mr. Managan inquired if the excess millage will be enough to maintain the properties the County is buying. Mr. Peffer stated currently the excess millage, even with the refinancing, would be sufficient; the interpretation is that those dollars that have been accumulated can only be used for capital; and the Board will need to look at all of that. He requested the Board also look at whether the new legislation is interpreted as a clarification or new legislation; what Commissioner Ellis is talking about is using those funds as principal and using the interest from the funds for the maintenance; and there is still that opportunity.

Chairman Cook stated the driving force is acquisition of the property; and expressed concern that if the property is not acquired now, the cost will accelerate, and it will be impossible to get the properties for the public benefit.

Chairman Cook called for a vote on the motion, subject to the conditions Mr. Holley enumerated. Motion carried and ordered. Commissioners Scarborough, O?Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

APPROVAL OF DOCUMENTS AND AUTHORIZE COMPETITIVE SALE OF BONDS, RE: NOT TO EXCEED $5,000,000 SECOND GUARANTEED ENTITLEMENT REVENUE BONDS, SERIES 1996 FOR PORT ST. JOHN/CANAVERAL GROVES MSTU PROJECT

Financial Advisor Tom Holley advised the issue is for the Port St. John/Canaveral Groves MSTU; the Finance Committee determined the most efficient way to sell the bonds would be to pledge, for credit purposes only, a general County revenue, which is the State revenue sharing; and explained the recommendation, including the difficulty in acquiring sufficient information to get a credit rating on the MSTU and lack of ability to get bond insurance at a reasonable premium. He noted the County has used Countywide revenue to provide credit support in the past; and recommended selling the bonds with the provision that they will actually be paid from the ad valorem assessment generated inside the MSTU, but for credit purposes will be seen as a guaranteed entitlement bond; and explained the advantages of such action. He noted this is not a refinancing, so the lowest available bid will be taken.

Commissioner Higgs inquired what is the impact of using General Fund revenue as a pledge on other potential Countywide issues; with Mr. Holley responding the County has several Countywide revenue sources available for other indebtedness; the General Fund revenue is used to pay operational expenses; if there was no MSTU and the County wished to build a jail, this money could be pledged and debt service could be paid from it; but that would be a dollar for dollar impact to the General Fund requiring a lowering of costs paid by the General Fund or an increase in taxes. He compared the issue to sales tax revenue bonds; and stated it will diminish the County?s ability to fund other projects or issue Countywide bonds in an amount equal to the sale. Commissioner Higgs inquired if the Board will have to set aside monies to cover this during the budgeting process; with Mr. Jenkins responding only from this revenue source. Mr. Holley advised how the debt service is structured. Finance Director Stephen Burdett stated the insurance and rating agencies want to see the funds actually flow; the funds that are being pledged are the guaranteed entitlement; and the County will budget to show that the funds are available to meet the debt. He stated the funds will actually go back to the General Fund; guaranteed entitlement is being pledged as security; and the investors want to see that it is actually being used for security, so it must be accounted for. Commissioner Higgs inquired if it has to be set aside; with Mr. Burdett responding it does not have to be set aside such that it would affect the Board?s other programs, but it is a matter of accounting for the money. Commissioner Higgs inquired what money; with Commissioner Ellis responding out of the reserve. Commissioner Higgs stated it is not a case of going through the budget and setting aside the annual debt service as a line item from the General Fund; with Mr. Burdett advising there might be a line item from the General Fund; but there will also be a revenue coming back, so it will not affect any of the Board?s general operations. Commissioner Higgs inquired if the bond documents force the County to budget year after year; with Mr. Burdett responding they do because the rating agencies want to see that the County is pledging what it will use to meet the debt service. Mr. Burdett noted the rating agencies know nothing about the special tax; and explained there is not adequate history available, but the rating agencies can see that the guaranteed entitlement revenue is adequate to support the bonds. Chairman Cook stated the issue would have future impact on the General Fund if there were other issues it wanted to secure. Mr. Burdett stated it is a matter of capacity for bonding the guaranteed entitlement. Chairman Cook inquired if this has ever been done before; with Mr. Burdett responding the Board has pledged sales tax for golf courses and for a Municipal Service Benefit Unit. County Manager Tom Jenkins advised it was done for the libraries. Chairman Cook stated the bond is being repaid from the MSTU, but the General Fund portion is being set aside for the bond rating, so it is a wash; with Mr. Holley affirming that is the case. Commissioner Higgs noted the capacity is gone. Mr. Holley stated that is correct, but it is $5 million of capacity out of approximately $60 million. Commissioner Higgs inquired how many years is it; with Mr. Holley responding it is a 20-year bond. Chairman Cook noted this has been recommended by the Financial Committee.

Commissioner Scarborough stated it is not adversely affecting the County in terms of cash flow; the money will be in the General Fund from tax revenue before it has to be spent; and the only effect will be reduced borrowing capacity from $65 million to $60 million.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, providing for and authorizing the issuance of its Brevard County, Florida Second Guaranteed Entitlement Revenue Bonds, Series 1996, in the aggregate principal amount of not to exceed $5,000,000, in one or more series, for the purpose of financing the acquisition and construction of recreational facilities within the boundaries of the Port St. John/Canaveral Groves Municipal Service Taxing Unit of the County; providing for the payment of such bonds from the County?s Second Guaranteed Entitlement; authorizing the Chairman or Vice Chairman of the Board of County Commissioners and the Clerk or Deputy Clerk of the County to award the sale of such bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds; authorizing the acquisition and construction of such recreational facilities; appointing the Bank of New York Trust Company of Florida, N.A. as registrar, paying agent and authenticating agent for the bonds; approving the form of and ratifying the use of a draft Preliminary Official Statement, authorizing the circulation of a Preliminary Official Statement and authorizing execution and delivery of a final Official Statement; approving the form of and authorizing the execution of a commitment for municipal bond insurance; approving the form of and authorizing the execution of a letter of representations to the depository trust company; providing for an effective date; and making certain other covenants and agreements and providing certain other details in connection therewith. Motion carried and ordered unanimously.

RESPONSE TO QUESTIONS FROM CITY OF ROCKLEDGE BOARD OF ADJUSTMENT, RE: SPECIAL EXCEPTION IN ZONING FOR H. S. WILLIAMS HOUSE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve the responses to questions from the City of Rockledge Board of Adjustment pertaining to the special exception zoning request for the H. S. Williams House.

Commissioner Ellis inquired will the County still be allowed to lease the facility for functions. Parks and Recreation Director Charles Nelson responded there will be the ability to do short term leases; however the City did not want the ability to set up a concession of any magnitude; and vending machines and other things to support the activity being proposed will be allowed. He stated the concern was for the space not to become commercial.

Chairman Cook advised the special exception should have been requested previously. Mr. Nelson advised Parks and Recreation had this project for approximately 18 months; and he is not sure why it was not requested.

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

DISCUSSION AND DIRECTION, RE: COST-CUTTING IDEAS/SUGGESTIONS FROM COUNTY DEPARTMENTS

County Manager Tom Jenkins read aloud suggestions on cost-cutting ideas as follows: implement a paperless and simplified purchasing system, contract out locally the maintenance on peripheral computer equipment, create a well-published central reception point for drainage complaints, reduce list of agenda mailouts to homeowner organizations, realtors, etc, or make them a subscription, and use B.R.A.V.E., A.A.R.P. and J.T.P.A. for part-time, temporary jobs; and advised of the status of each suggestion.

RESOLUTION, RE: AUTHORIZING $300,000 IN COMMERCIAL PAPER FOR THERMAL ENERGY MANAGEMENT SYSTEM FOR HISTORIC TITUSVILLE COURTHOUSE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing $300,000 in tax exempt commercial paper for financing of the acquisition of a thermal energy management system for the Historic Titusville Courthouse.

Commissioner Ellis inquired will this be equal payments or is there a balloon payment at the end; with Management Services Director Michael Managan responding equal payments.

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

Commissioner Ellis inquired if the Board wishes to discuss the Road and Bridge equipment; with the Board reaching consensus to discuss it with the budget at 5:01 p.m.

REJECTION OF BID AWARDS AND PERMISSION TO RE-BID, RE: BID #B-5-5-97, JANITORIAL SUPPLIES

Jim Smith, representing Melbourne Janitorial, stated Melbourne Janitorial was awarded Bid #B-5-5-97 on August 8, 1995; but over a period of time, it did not receive orders; and in checking, he discovered a purchase order to another company for an item for which he had been awarded the bid. He explained the Purchasing Division allowed the requisition to go through so as not to hold up operations; but Parks and Recreation Director Charles Nelson canceled it. He stated the price of the product was $45 a case; and he won the bid at $23 a case, so the County was paying an exorbitant price. He explained the process for price adjustments on a bid and his difficulties with the process. He noted the bid consisted of 80 items; he won 39 of the items; and inquired why items are being purchased off bid.

Purchasing Director Jo Malota advised some of the items purchased off bid are purchased for the libraries and other entities which have contracted services where the janitorial service asks for specific types of products; and staff is looking at those products to see if they will be on the bid next time. She noted they were not included on the bid previously.

Chairman Cook inquired if the County is contracting with a janitorial service and providing the supplies; with Ms. Malota responding affirmatively. Chairman Cook inquired if the janitorial services are specifying what kinds of supplies they want; with Ms. Malota responding they specify brands of products they need. Chairman Cook inquired if staff can look at that practice so it can be corrected. County Manager Tom Jenkins stated more information is needed. Ms. Malota stated Mr. Smith?s price increases are unsupportable; spot checks have been done to determine what is available on the market; and it is possible to get it cheaper than the price increases Mr. Smith is requesting.

Commissioner O?Brien advised of a letter from Melbourne Janitorial?s attorney claiming that purchases off bid have cost the taxpayers $172,000, and if the County used Melbourne Janitorial, even at the increased prices, the taxpayer would have saved $103,000. Ms. Malota stated she does not know where Mr. Smith has gotten his figures; but they are not supported by what the County has been buying for the Parks Department, which is the item referenced. Commissioner O?Brien stated the County could have bought the item for $69,000, but the County instead paid $172,000. Ms. Malota advised the County?s total contract for janitorial supply for a year was only $56,000. Commissioner O?Brien stated the numbers are out of line.

Mr. Jenkins stated Parks and Recreation was buying its paper outside the contract, and that was terminated when it was discovered. He stated the County had what it thought was a low bid; the individual asked for a significant price increase, and was asked to justify it; and those numbers were not provided. He noted Stockton Whitten met with Melbourne Janitorial several times to obtain information; Melbourne Janitorial did not provide documentation to support the increase in cost; and staff recommends going to the second low bid to buy at the least cost. He advised the practice of Parks and Recreation buying supplies somewhere else has been discontinued and will not occur again.

Commissioner Higgs inquired if staff is recommending going to the second low bid or re-bid. Mr. Jenkins advised staff wants to do it semi-annually to get better prices. He noted Melbourne Janitorial has bid previously, been awarded, and withdrew on two occasions, so there is some history associated with the company. He advised staff is asking to re-bid on a six-months basis.

Commissioner Higgs inquired if this is the third time this has happened with Melbourne Janitorial; with Ms. Malota responding affirmatively.

Mr. Smith stated it has happened on one previous occasion; and Melbourne Janitorial terminated the bid itself when Carl Holcomb was Purchasing Director because he got a letter from the buyer advising two items were being taken away because of a tabulation miscalculation and another vendor sold the County dispensers which his item would not fit. He stated when the two items were terminated, Melbourne Janitorial decided it could not do business with the County; and subsequently the buyer and Purchasing Director left the County. He stated now he is told the items are being bought because the County is getting free dispensers; but there are no free dispensers or free delivery. He stated when he made inquiries about why items which he won the bid on were being purchased off bid, he did not get any answers. He stated on the bid there are estimated quantities, but they do not meet reality; and described examples. He advised of purchases made by Melbourne Janitorial to fulfill the needs of the County, but orders from the County did not come, and items on which he won the bid were purchased from other sources at higher prices.

Chairman Cook requested the County Manager respond to the Board about the specifics that have been raised. Mr. Smith stated if the County wants certain dispensers, it should put the dispenser on bid. Chairman Cook stated the dispensers should be universal to allow bid of the product.

Commissioner Higgs requested Ms. Malota respond to the allegations. Ms. Malota stated one of the things Mr. Smith is talking about was an agreement between Parks and Recreation and Eisen Enterprises for dispensers and toilet paper; the agreement was not valid; and the County is not ordering any more dispensers. She noted staff is looking at putting out a bid for dispensers; Mr. Smith advised he would give the same price for dispensers; but that does not solve the County?s problems because it wants a competitive environment.

Commissioner O?Brien stated the County Manager should take a close look at what has occurred and what systems have been put in place to prevent these kinds of things from happening again. He noted the difficulties involved with filling out bids; and stated he does not like the allegations he is hearing. He requested the Board instruct the County Manager to perform a complete investigation to insure there is no wrongdoing.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct the County Manager to investigate allegations made by Mr. Smith about the bidding process and report to the Board.

Commissioner Higgs inquired if Mr. Whitten has already investigated and done a report; with Mr. Jenkins responding he has, but Mr. Smith made additional comments which he will look into. Mr. Jenkins noted it is better to clear the air and get everything on the record.

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

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to reject the bid awards made on Bid #B-5-5-07, Janitorial Supplies; and grant permission to rebid semi-annually. Motion carried and ordered unanimously.

APPROVAL OF OPTIONS, RE: PARCELS IN PLAT OF KELLY PARK

Frances Grooms, 140 Orange Lane, Merritt Island, stated in 1924 her great-grandfather L. Kelly recorded three parcels on East Merritt Island which he designated as parks; one of the parcels was developed at Kelly Park East; but the other two parcels, located on North Banana River Drive, were never used. She stated she found out later that the two parcels were rejected by the Parks and Recreation Department and declared to be surplus, and perhaps for sale. She stated her great grandfather stipulated that the property be used for parks; and requested the property be returned to the Kelly family.

Parks and Recreation Director Charles Nelson stated staff and the Advisory Board investigated the usability of the two parcels, and determined no particular use exists currently; and that was the basis of the determination to declare the properties surplus. He noted there are legal issues relating to intent; at that time, there was no dedication process; and staff has been unable to determine what the wishes of the original donor were. He stated if the Board declares the property surplus and it is sold, it could be used for park purposes.

Commissioner O?Brien stated he heard the Canaveral Port Authority had interest in this property. Mr. Nelson advised the Port has acquired properties in the vicinity, but he does not know the overall plan. Commissioner O?Brien advised one parcel is north of SR 520 toward the Barge Canal; it is useless property to the County; and the other piece is south of Kelly Park on the river. Mr. Nelson advised both parcels are off Banana River Drive and north of SR 528. Commissioner O?Brien stated if a family gives property to the government, and that land is never used, it should be returned. He stated the property was never used for anything; and there is no document indicating the property was given to the County in the first place.

Motion by Commissioner O?Brien, seconded for discussion by Commissioner Ellis, to investigate ways to legally return the property to the Kelly family.

Commissioner Ellis requested an opinion from the County Attorney whether the Board can dispose of County property in this manner. County Attorney Scott Knox stated recorded plats that do not have dedications on them indicate the dedication is offered to the County, but it is not accepted unless the County take formal action to accept it or if it is used. He stated the offer of dedication has been made; and the Board has the option of accepting the dedication and vesting interest of the County or leaving it as a dedicated park. He stated if the County does not have an interest in the property, it could quit claim to the family; and the family can do a quiet title suit to prepare title without the County bothering; or if the Board accepts the dedication, the Florida Statutes authorize the County to sell the property to the highest bidder.

Chairman Cook stated in 1924 there was no formal procedure for the County to accept the property; Frank Johns of the Property Appraiser?s Office advises the fact that it was designated as a park is tantamount to the County being issued the property; and there are no taxes paid on the property. Mr. Knox advised that is Mr. Johns? opinion. He stated the County is spending millions of taxpayer dollars to acquire riverfront property; and he is uneasy about giving back the property. He noted he has no problem putting it up to bid, but to allow it to revert to the family may not be appropriate.

Commissioner Higgs inquired if there is no public use for the lands. Mr. Nelson advised he does not see it as a high priority. Chairman Cook stated the County does not have too much park space; it is an urbanizing County; and the population is exploding. He stated future generations will need the space; and advised of other small parks which are used for access to the river. He stated he understands the County does not want to incur additional maintenance responsibilities, but in the future this could be of benefit to the public. He noted it has not been assessed for taxes because the Property Appraiser thought it was County property.

Commissioner Ellis stated the County does not have much use for a quarter-acre park. Chairman Cook noted that is larger than Valencia Park. Commissioner Ellis stated he does not know how it can be given back to someone who donated it, but it should be given back or sold by lawful means. Commissioner Ellis expressed concerns about the maintenance requirements; and suggested it be maintained by a homeowners association. Commissioner Higgs noted it is by a platted subdivision; and inquired if the homeowners have been confronted. Commissioner O?Brien noted the maps of 1924 are not accurate as to what is there now. He stated at the Barge Canal there is access; on weekends there are 50 to 100 people there with their children; the property in question is closer to SR 528 where access to the river is not essential; half of it is wetland with the remainder pines and dirt; and it is an unbuildable parcel. Chairman Cook stated he is familiar with the area; and expressed concern about turning the property back to the family. He stated if the County cannot use the property for a park, the other option would be to put it out to bid; and he is not sure the interest of the family is legitimate in this case because the property has not been on the tax roll for generations. Commissioner O?Brien stated 75 years ago a family gave the County two small parcels of land to be used as a park; the County has no intention of using the property as a park; the person who donated it had good intentions; and the proper thing to do is to return the property. He stated it is inappropriate for the County to sell property which was a gift; and this is not a million dollar deal. Chairman Cook stated the property has a value; there is an option of going through the Board of Adjustment to make the property viable; and across the street is a larger parcel. Commissioner O?Brien noted it had value when it was given to the County as a gift. Chairman Cook stated the Board does not know the reason it was given; but it is off the tax rolls.

Mr. Knox stated one possibility is vacating the County?s interest in the park; it would revert to the underlying fee simple owner, whoever that is; and whoever had that interest could try to quiet title.

Commissioner Scarborough stated the only way the County would have good title to give them is to take action that would require going to bid; that would be disclaiming an interest; and that does not give it to anybody. He stated the County could quit claim its interest to the family; and that will put the family into a quiet title suit. He noted he does not know who the family members are or who else may have an interest; and the Board is not able to legally deliver what the family wants.

Commissioner Higgs inquired if it is costing the County money. Mr. Nelson stated there was one instance of illegal dumping, and the County had to spend a few hundred dollars for clean up, but he is not aware of any expense prior to that. Commissioner Higgs stated the property was given to the County; there is potential for the property to be used for access to the river or parking; it is not costing the County much to keep the property; and she will vote to keep it.

Chairman Cook stated he will vote to keep it; there may not be a present need; but no one knows what the future may hold.

Commissioner Ellis stated he does not have a problem with quit claiming the County?s interest because it never accepted an interest.

Chairman Cook called for a vote on the motion. Motion did not carry. Commissioners O?Brien and Ellis voted aye; Commissioners Scarborough, Cook and Higgs voted nay.

Central Services Supervisor Roger Donnelly recommended adopting the Resolution to accept the parcels putting them in the County?s name.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution accepting parcels located on Banana River Drive North, north of SR 528 on Merritt Island, which were transferred to the County in November, 1924.

Commissioner Ellis expressed concern that another small park will be built. Commissioner Higgs stated the Board is not doing anything but accepting the donation.

Chairman Cook called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, Higgs and Cook voted aye; Commissioners O?Brien and Ellis voted nay.

DISCUSSION RE: QUALIFICATION FOR JOB APPLICANTS

Barbara Dillabough, 3670 Buddy Drive, Melbourne, advised of information printed in the Florida TODAY newspaper from Human Resources Director Frank Abbate that there are no County jobs requiring experience; and requested a retraction be printed that Mr. Abbate made a mistake. She alleged a coverup because the County Manager?s job requires four to five years experience. She requested the Board form a committee to get a question on the ballot in November, 1996 calling for the County Manager?s position to be an elected position.

Floyd Rogers, 2761 Ohio Street, Melbourne, stated the current requirements for the County Administration under education and experience are unconstitutional; and stated the requirements are dismissing most of the good administrators from another source. He stated county administrators go from County to County; they all go to the same school; they use the same procedures; and there is no way of putting new ideas forth. He recommended the last line of the qualifications be deleted; and stated any man can run a County who can run a corporation. He noted a special requirement is to obtain a valid Florida operator?s license prior to employment; but rather than keeping someone from outside the County or State from having a job, a person could be hired and get a license once he gets here. He stated the Statute that covers the position says the County Administrator works for and is responsible to the governing body, which is the County Commission; and he has no say other than what the Board approves of him saying or doing. He stated the County has gotten away from that; but if controls are put on the position, the County would run better. He noted the Commissioners might be busier, but that would be better for the taxpayers who have to go to the Commissioners when something goes wrong. He recommended reviewing the requirements and deleting any requirement that an applicant has to be a past county administrator.

Commissioner Ellis stated the County should be open to people coming in from the private sector; and suggested advertisements encourage the private sector to seek County employment. He stated the County hires people from other government agencies for its management positions; and either in the way the jobs are advertised, or where the advertisements are placed, the County is not getting out to the private sector.

Chairman Cook agreed; and stated the County needs to be more proactive in getting people who have not spent their whole careers in government, which will bring a new perspective and new energy.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to direct the Human Resources Director to review current job qualifications and eliminate any qualifications mandating prior government service, and investigate ways to reach out to the private sector when there are openings, especially department head openings.

Commissioner Higgs stated she supports the motion; and the information provided by Ms. Dillabough says additional qualifying education or experience that provides the necessary knowledge, skills and abilities may be substituted on a year-for-year basis. She stated a person looking at the County Administrator?s job would be required to get a valid Florida driver?s license; and expressed concern that requirement could be challenged based on the requirements of the job. She stated it is a concern that a person would be able to get around; but it is necessary to have sensitivity toward people who might have handicaps; and since that may not be tied to the job requirement, those issues should be looked at.

Commissioner Scarborough stated there are people in the County who have been laid off who are well skilled and capable; and it would be a mistake to bring someone in because the County is advertising in a professional catalog when it could have someone in the County step in. He stated the County needs to get the best candidate; and that will serve the taxpayer well.

Commissioner O?Brien stated if a person cannot obtain a Florida driver?s license, there may be valid reasons that were not caught in the screening process; and outlined examples of problems that could exist. He noted the County Manager will be driving County vehicles as well as his own vehicle on County business; and if he has an out-of-state license, it may impair the County?s ability to insure him in the course of performing his duties. He stated it says ?plus eight years of progressively responsible professional experience in business,? and he does not know what the argument is.

Chairman Cook stated putting eight years limits the County; it calls for a degree in public administration, business administration or a closely related field; but there might be someone with a degree in something else who has significant management experience, so the County should not restrict itself. He stated he supports making sure the County is not excluding people. Commissioner O?Brien stated he can see why the license would be a valid requirement. Commissioner Higgs stated qualifications have to be tied to the performance of the job; but the County has to be sensitive that it does not establish barriers to people being considered for jobs that are irrelevant to the performance of the jobs.

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

The meeting recessed at 2:47 p.m. and reconvened at 3:09 p.m.

PARTICIPATION AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, AUTHORIZE ISSUANCE OF CHECKS, AND AUTHORIZE DEVELOPMENT OF INTERGOVERNMENTAL MANAGEMENT AGREEMENT, RE: ACQUISITION OF BUCK LAKE PROPERTY

Commissioner Ellis stated ad valorem funds could be better spent toward addressing flooding problems, but a representative of the St. Johns River Water Management District explained the money is coming from Save Our Rivers and Preservation 2000 funds.

Len Freeman, Senior Land Acquisition Agent for St. Johns River Water Management District, stated the money for the Buck Lake purchase is from Save Our Rivers bonds; and that money is restricted to land acquisition to meet the St. Johns River Water Management District?s criteria.

Commissioner Scarborough expressed appreciation for the project; and stated it is rare that there are matching funds with the County having a 4.2% participation. Mr. Freeman stated it is beneficial to all parties to enter into this type of agreement; and St. Johns River Water Management District is pleased to have the cooperation of the County to be able to do it.

Commissioner Ellis stated ad valorem funding could be better spent other than buying upland properties, but he understands the uplands come as a package deal. He stated the purchase is nearly twelve square miles; and when people talk about vanishing Brevard County, property is being acquired in the County by governmental agencies at a faster rate than it is being developed. Chairman Cook noted the total is 7,663 acres, with a significant portion in Brevard County. Commissioner Ellis stated almost everything north of SR 46 and west of I-95 is owned by the State. Chairman Cook stated Brevard County is ahead of other counties with regard to these types of programs. Commissioner Scarborough stated in the future it will be reflected in the quality of life and property values. Commissioner Ellis stated the St. Johns River Water Management District is going to do a sovereign lands determination; and it may or may not pay for the additional 700 acres. Mr. Freeman stated the District will not pay for the additional acreage that has been determined to be potentially sovereign; and explained the methodology for purchases. Chairman Cook stated the purchase price is below the appraised value; with Mr. Freeman responding it is approximately 91% of the average of the appraisals. Mr. Freeman stated he was pleased to hear Commissioner Cook?s comment about provision of recreation for future generations; and this property will be open for public use after adoption of a suitable plan. He noted the plan will probably work hand in hand with the Seminole Ranch property which is located immediately to the south; and the intent is it would be open for fishing, horseback riding, primitive camping, hiking, canoeing, boating, bird watching, bicycling and other activities. He noted it is currently being hunted; but a determination will be made whether it is appropriate. He stated Buck Lake is mostly in Volusia County; but a beautiful part of Brevard County is in the upper stretches of the marshes of Six Mile Creek. Chairman Cook stated public access is a benefit.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Participation Agreement for acquisition of Buck Lake property; authorize issuance of checks at closing; and authorize staff to develop an Intergovernmental Management Agreement with St. Johns River Water Management District for Board review. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING NATIONAL ASSOCIATION OF LETTER CARRIERS NATIONAL FOOD DRIVE

Commissioner O?Brien inquired why the item was not under Personal Appearances; with Commissioner Ellis responding no one is present to accept the Resolution. Chairman Cook inquired why it is not under the Consent Agenda; with County Manager Tom Jenkins advising it is an add-on item, and there was no indication that anyone would be present for a personal appearance.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming May 11, 1996 as National Association of Letter Carriers National Food Drive Day. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SHERIFF?S OFFICE FLORIDA CONTRABAND FORFEITURE SEMI-ANNUAL REPORT

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to acknowledge receipt of the Florida Contraband Forfeiture Semi-annual Report submitted by Sheriff Miller. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - BREVARD SOIL AND WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS, RE: 1995 ANNUAL REPORT

Lowell Loadholtz, representing the Brevard Soil and Water Conservation District, expressed appreciation to the Board for its support of the Brevard Soil and Water Conservation District. He stated David Millard has submitted the 1995 Annual Report; it shows significant progress and cooperative effort between the USDA, Board of County Commissioners, and constituents; and stated the Resource Management Plans have been completed for 231,000 acres or 75% of the total agricultural lands in Brevard County. He stated when the plans are completed over 93% of agricultural acreage will be under the planning program. He stated the major thrust of assistance through the Surface Water Improvement Program is to help land managers and agricultural producers maintain or improve surface water quality; and advised of other assistance provided. He explained the Evirothon Program.

Commissioner O?Brien inquired what is the difference in the Brevard Soil and Water Conservation District and the Agriculture and Extension Service; with Mr. Loadholtz responding the Soil and Water Conservation District is a direct line USDA function with supervision coming from Washington, D.C. and the Agriculture and Extension Service comes through the University of Florida. He explained the difference in programs. Commissioner O?Brien inquired about duplication of services; with Mr. Loadholtz explaining the separate functions. Chairman Cook advised the Brevard Soil and Water Conservation District Board of Supervisors is made up of five individuals elected Countywide who serve with no compensation.

APPOINTMENT, RE: AUDITOR SELECTION COMMITTEE

Chairman Cook advised a Board appointee to the Auditor Selection Committee is needed. Commissioner Ellis inquired when does the Committee start and finish; with Finance Director Stephen Burdett responding he expects the Committee to be back in July, 1996 to make a recommendation. Commissioner Scarborough recommended Chairman Cook serve as he has experience in County government. Commissioner Higgs inquired if the Constitutional Officers will be serving or appointing designees. Mr. Burdett advised the Constitutional Officers and the Board have the choice of having designees.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Commissioner Cook or his designee to the Auditor Selection Committee representing the Board of County Commissioners. Motion carried and ordered unanimously.

Mr. Burdett advised the Clerk of the Circuit and County Courts has put together the draft proposal; the format will ask for qualifications and experience as well as a price proposal; and inquired if the Board wants to set a time period for the contract.

Chairman Cook inquired what is the current contract; with Mr. Burdett responding five years. Commissioner Ellis recommended no more than three years.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve a term of three years for independent audit services. Motion carried and ordered unanimously.

AUTHORIZATION, RE: COUNTY MANAGER OR DESIGNEE TO APPROVE STANDARD CARETAKER AGREEMENTS

Commissioner Higgs stated she has no problem authorizing the County Manager to proceed with the standard agreements upon review of the County Attorney and Risk Management; but there are three facilities where the County owns the facility; they are different types of situations with unique responsibilities; and she would like those three agreements to come to the Board.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County Manager or his designee to approve standard caretaker agreements for those caretakers occupying their own residences, subject to review by the County Attorney and Risk Management, with agreements on other facilities to come back to the Board.

Commissioner O?Brien inquired why Commissioner Higgs wants them to come back to the Board. Commissioner Higgs responded some facilities are more valuable; and she wants to be sure the County is compensated appropriately based on the facility and the responsibilities. She described situations in the past. Commissioner O?Brien inquired which facilities; with Commissioner Higgs responding the Lake Washington facility and the other two where the County owns the facilities.

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

LEASE AGREEMENT WITH CAPE CANAVERAL HOSPITAL, RE: RELOCATION OF RESCUE 60

Commissioner O?Brien stated he spoke with Mayor Morgan of Cocoa Beach, Mayor Randels of Cape Canaveral, and Port Commissioner Ralph Kennedy concerning the relocation of Rescue 60; the problem is the ambulance is paid for 50% by the Port and 50% by the City of Cape Canaveral; and Cocoa Beach does not have an ambulance at this time. He stated there is substantial money being invested in the ambulance by the Port which claims there is a great population of people coming on and off the ships. He stated Rockledge and Cocoa residents pay $400,000 per year and have two ambulances; and Cocoa Beach and Cape Canaveral pay $432,000 per year and only have one ambulance. He noted there is an inequity; and he would prefer to table this item until all the ideas are researched and the problems worked out. He noted Patrick Air Force Base may be included in this issue, and may either offer the ambulance, or the facility, or both.

Assistant County Manager Joan Madden stated that is if and when Patrick Air Force Base decides to close its hospital, but there have been preliminary conversations.

Motion by Commissioner O?Brien, to table consideration of lease agreement with the City of Cape Canaveral until the details are worked out.

Commissioner O?Brien stated if Cocoa Beach wants an ambulance it may have to build a facility for it first and then continue negotiations with staff until it can come back to the Board. Commissioner Ellis inquired if Cocoa Beach owns an ambulance; with Chief Bill Farmer advising the City owns a vehicle which resembles an ambulance, but it is not permitted, staffed or equipped. Commissioner Ellis inquired what is it used for; with Chief Farmer responding it is used as a first response rescue unit for EMTs and BLS service, much like the County uses its fire engines. Commissioner O?Brien stated there are still some serious problems to be worked out.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to deny lease agreement with Cape Canaveral Hospital for relocation of Rescue 60, with the understanding the item will come back to the Board when the problems between the Cities of Cape Canaveral and Cocoa Beach and the Port are worked out. Motion carried and ordered unanimously.

AMENDMENT WITH PANHANDLE FENCE & DECK COMPANY, INC. RE: MALABAR SCRUB SANCTUARY FENCE

Commissioner Ellis stated however the fencing is put in place, the facility should be open to the public; there are gated entrances; and he wants assurance the gates will be open during the day for access. EELS Coordinator Duane DeFreese stated there are two gates in the front which provide access for preliminary parking and pedestrian access; and the two gates on the northern boundary are pedestrian pass-throughs which prevent vehicles from entering but allow entrance by anyone on foot. Commissioner Ellis inquired about horses; with Dr. DeFreese responding staff is working with the Malabar Parks Board to set up a trail system; and the preliminary agreement is to set out the firebreak around the perimeter with loop trails. Commissioner Ellis inquired if horses or bikes can access from Marie Street; with Dr. DeFreese advising it would be necessary to come down Marie Street to the front end of the park and enter from Malabar Road. Commissioner Ellis expressed concern about the danger of going down Malabar Road. Dr. DeFreese stated once the fence is up, a section can be clipped to address those needs.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to execute Amendment to Contract with Panhandle Fence & Deck Company, Inc. extending time for performance of the Contract to June 30, 1996, with the understanding staff will work to provide access on Marie Street for joggers, bikers and horses.

Assistant County Manager Stephen Peffer stated staff has been working with the Surety Company to resolve some of the last changes; and Assistant County Attorney Katherine Harasz has information for the Board.

Chairman Cook inquired if the gates in the front will be open; with Dr. DeFreese responding the Fire Department will serve as land manager for the moment, and staff will work with the Town of Malabar to open during the day and close at night. Dr. DeFreese emphasized the intent is to write a management plan that looks at multiple uses so there is no damage. Commissioner Ellis reiterated his concern about horses on Malabar Road. Dr. DeFreese suggested using the gate at the northeast corner for horses without opening it up for motorized vehicles. Commissioner Higgs stated the motion specifies Marie Street; and inquired if that is close enough; with Commissioner Ellis responding yes.

Assistant County Attorney Katherine Harasz advised of revisions to the Amendment to Contract with Panhandle Fencing, made at the request of the surety, to provide that all payments remaining to be made under the contract will be made to the surety and merging the first two milestone dates so that the first two activities under paragraph 2 will have to be performed by May 31, 1996. She stated the request is to allow time to get equipment rentals in place for the land clearing; and recommended approval of the revisions.

Commissioner Ellis inquired if the County has the permit from U.S. Fish and Wildlife Service to clear and put the fence in; with Dr. DeFreese responding affirmatively.

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

APPROVAL OF RECOMMENDATIONS OF GOLF COURSE ADVISORY BOARDS, AND RESOLUTION, RE: ESTABLISHING COUNTY PUBLIC GOLF COURSE ADVISORY BOARD

Marty Brown, Chairman of the Spessard Holland Golf Course Advisory Board, stated the proposed resolution is to create a County public golf course advisory board; but the County already has one; and inquired will the former Resolution become null and void or is it being amended to incorporate he changes. She outlined her concerns; and suggested maintaining the existing Advisory Boards from each golf course. She suggested the Pro Manager attend the meetings of the Advisory Boards, minutes of the meetings be sent to Golf Consultant Gene Burroughs, and a member of the Countywide Board attend the meetings to keep the lines of communication open. She emphasized the importance of listening to the golfers who know the problems and come up with ideas on how to fix them; and suggested no paid worker or volunteer of the County golf courses be appointed to the Advisory Board to eliminate conflict of interest.

Parks and Recreation Director Charles Nelson stated the proposed resolution would rescind all previous boards and create a new one with an expanded membership. He stated there have been concerns about the Sunshine Law because committee members play golf together; working groups can be created to continue to meet with the Pro Manager; the Pro Manager can take minutes; the Advisory Board member can attend the meeting of the working group.

Chairman Cook inquired if members of the same committee are giving input at the same time; with Mr. Nelson responding no. Mr. Nelson advised the members appointed to the Countywide Board would still be subject to the Sunshine Law; and if they go to the working group meeting, they would have to be careful in terms of those issues. Chairman Cook inquired if two of them could be there at the same time; with Mr. Nelson responding no, they would have to abide by the Sunshine Law.

Commissioner Scarborough stated there will be people from select golf courses with their particular concerns; there will also be at-large members; and it may be advantageous to have three members from each golf course, elected by the golf course committees, sent to the master board. Commissioner Higgs inquired how is it different from what is being suggested. Commissioner Scarborough stated the committees would elect who they send. Discussion ensued on the membership.

Commissioner Higgs inquired if Ms. Brown is comfortable with not incorporating the individual advisory boards into the Resolution, but having working groups established. She stated there would be nothing that would preclude that in the Resolution; and the intent of the Board would be to foster the working groups. Mr. Nelson advised the only restricting factor is the Sunshine Law.

Commissioner Higgs suggested including in the Resolution that members of the Countywide Advisory Board not be County employees, spouses of employees or volunteers.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution creating the County Public Golf Advisory Board, as amended to provide that none of the members can be County employees, spouses of County employees or volunteers at the Golf Courses.

Commissioner Ellis stated right now the Savannahs Advisory Board is appointed by District 2; the Valkaria and Spessard Holland Advisory Boards are appointed by District 3; and all Commissioners should have input because the General Fund is making up for lost revenue.

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

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: COMPREHENSIVE PLAN AMENDMENT TO HISTORIC PRESERVATION ELEMENT IN 96A AMENDMENT CYCLE, AND AMENDMENT TO ORDINANCE NO. 74-02

Commissioner O?Brien expressed concern about at-large appointments to the Historical Commission excluding some communities; and stated there will be three people from Titusville, one from Melbourne and one from Merritt Island. Commissioner Ellis noted the Commissioners will still appoint. Commissioner Scarborough stated appointees need to have a familiarity with the area.

Commissioner Ellis advised he does not have a lot of applications for this board; and he would rather appoint someone from District 3 or 4 who has an interest in history than appoint someone from District 5 who never shows up. He stated it is more important to have people on the Commission with an interest in the mission than to worry about where they come from in the County.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to grant permission to advertise a Comprehensive Plan Amendment to the Historic Preservation Element in 96A Amendment Cycle, and amendment to Ordinance No. 74-02, to allow Historical Commission members to be appointed at large. Motion carried and ordered. Commissioners Scarborough, Higgs, Cook, and Ellis voted aye; Commissioner O?Brien voted nay.

AUTHORIZATION FOR CHAIRMAN TO SIGN CONTACTS FOR SALE AND PURCHASE, RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Chairman Cook expressed concern about having the Contract come back for his signature if it is 125% of appraised value; and stated if it is over 100% of appraised value, it should come back to the Board. County Surveyor Beverly Sutphin stated this does not preclude it coming back to the Board if it is over 100% and the Chairman is uncomfortable with it; and the intent was to conform with existing policy. Chairman Cook reiterated his concern.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to execute Contracts for Sale and Purchase for rights-of-way required for Malabar Road Widening, Phase II, at 100% of appraised value or less.

Commissioner Higgs inquired about past practices for acquisition of land. Ms. Sutphin stated it is a 50/50 split; some come in at 110% because of some of the concessions the County has to make; but typically the practice is to acquire all property at or below appraised value. Commissioner Scarborough stated if it is over 100%, it will come to the Board. Commissioner Higgs inquired if this will create a slow down in the process; with Ms. Sutphin responding not at this time; but there is one contract which needs to be signed today, and it is at appraised value.

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

ACCEPT WITHDRAWAL OF BID, AWARD TO NEXT LOW BIDDER MIKE GATTO, INC., RE: BID #B-4-5-116, VEHICLE MAINTENANCE

Chairman Cook stated the tabulation sheet shows that the low bidder for vehicle maintenance was Lubrication Specialists; and inquired which was the next lowest. Management Services Director Michael Managan advised it appears Mobile Express is, but their bid was rejected because they did not have locations throughout the County, and so it would go to Mike Gatto, Inc. Chairman Cook inquired why is the vendor withdrawing the bid; with Purchasing Director Jo Malota explaining it is not profitable for them to continue. Chairman Cook inquired will the withdrawal create a hardship for the County; with Ms. Malota responding no.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to accept withdrawal of Bid #B-4-5-116, Vehicle Maintenance, from Lubrication Specialist, and re-award to the next low bid of Mike Gatto, Inc. Motion carried and ordered.

APPOINTMENT OF SELECTION COMMITTEE, RE: COUNTY?S NEW FULLY-INTEGRATED FINANCIAL SOFTWARE PACKAGE

Chairman Cook recommended appointing Commissioner Ellis to the Software Selection Committee for the new fully-integrated financial software package.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Commissioner Ellis to the Selection Committee for the County?s new fully-integrated financial software package. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION, RE: FLORIDA INLAND NAVIGATION DISTRICT WATERWAY ASSISTANCE PROGRAM FUNDS

Commissioner O?Brien stated this is the Sheriff?s request to apply for a grant to the Florida Inland Navigation District to fund a few more Sheriff?s deputies to go out on the river and perform public safety activities; and inquired how this will affect other grants. Assistant County Manager Stephen Peffer responded an Assistant Director of F.I.N.D. advised the County is eligible for more grants than it has applied for in the past. Commissioner O?Brien expressed concern that the request could be detrimental to the County?s application for a grant for dredging. He noted under the Manatee Protection Plan, there is a request for Brevard County boat owners to fund two to three more Marine Patrol officers; and he is not sure it is a good idea for the Sheriff to be applying for this at this time. He stated he needs a firm answer to the question whether this application would be detrimental to the other grants the County applied for.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to table resolution and grant application for Florida Inland Navigation District Waterway Assistance Program funds until May 21, 1996 to get additional information on whether the application will detrimentally affect other grants the County applied for. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: AUDITS AND FINANCIAL REPORTS FOR SPECIAL DISTRICTS

Commissioner O?Brien expressed concern about the lack of timeliness in getting copies of the audits and financial reports for special districts. He stated the Board should take time to review the audits completely.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to acknowledge audits, financial reports, etc. for Fiscal Year 1994-95 for the St. Johns River Water Management District, the Florida Inland Navigation District, the Barefoot Bay Recreation District, the Brevard Soil and Water Conservation District, the Melbourne-Tillman Water Control District, the Brevard County Housing Finance Authority, the Cape Canaveral Hospital District, the Canaveral Port Authority, and the Sebastian Inlet Tax District Commission. Motion carried and ordered unanimously.

REJECT OR ACCEPT SETTLEMENT, RE: ANDOVER REALTY V BREVARD COUNTY

Chairman Cook stated the Clerk to the Board requested clarification of the recommendation on Item III.E.11, which is the Andover Realty lawsuit.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to reject the settlement from Andover Realty to allow nine units on its property in the case of Andover Realty v. Brevard County. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND BUDGET CHANGE REQUESTS FOR APPROVING MID-YEAR BUDGET SUPPLEMENTS AND AMENDMENTS FOR FY 1996

Chairman Cook called for the public hearing to consider resolution and budget change requests for approving the Mid-Year Budget Supplements and Amendments for Fiscal Year 1996.

County Manager Tom Jenkins stated the Board has a 5:01 p.m. time certain; there is a meeting at 5:30 p.m. on May 14, 1996; and the Board could continue the item to that date.

County Attorney Scott Knox advised the Board may post a notice today and meet at 5:01 p.m. on May 14, 1996.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to continue the public hearing to consider resolution and budget change requests for approving the Mid-Year Budget Supplements and Amendments for FY 1996 to 5:01 p.m. on May 14, 1996. Motion carried and ordered unanimously.

PUBLIC COMMENT

Commissioner O?Brien requested Margaret Hames inform the Board what will happen on Friday regarding the EELs Program.

Chairman Cook stated he will be attending on Friday to accept the President?s Award.

Margaret Hames stated the Florida Nature Conservancy is having its annual meeting on Friday in Tampa; and it is presenting its most prestigious award to the Brevard County Environmentally Endangered Lands Program. Chairman Cook stated it is a great honor for the County.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize Chairman Cook to travel to Tampa to the Florida Nature Conservancy Annual Meeting. Motion carried and ordered unanimously.

ANNOUNCEMENTS

County Attorney Scott Knox clarified the public hearing was continued to 5:01 p.m. on May 14, 1996.

Commissioner Ellis requested Item VI.D.2 come back to the Board on May 14, 1996 for discussion of the Road and Bridge equipment.

Upon motion and vote, the meeting adjourned at 4:13 p.m.

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

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