The Board of County Commissioners of Brevard County, Florida, met in regular session on February 21, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Buddy Creel of First Assembly of God Church, Cocoa, Florida.

Commissioner Scott Ellis led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the Minutes of November 29, 1994 Zoning Meeting, December 12, 1994 Special Meeting, and January 18, 1995 Special Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: DEPARTMENT OF JUVENILE JUSTICE YOUTH RESIDENCES

County Manager Tom Jenkins advised several youth residential homes operating in North and Central Brevard have problems or issues that need attention, such as violations of the Septic and Fire Codes; those items are being addressed by the operators of the facilities; however, there are zoning and license issues that remain outstanding; and a preliminary zoning analysis suggests that Brevard County Code does not allow juvenile delinquents in a commercial licensed residential home, which may mean a CUP may be required for a residential treatment and recovery facility. He advised that prior to establishment of the Department of Juvenile Justice, HRS licensed those homes; there appears to be a void in terms of any state agency licensing that operation now; staff will be pursuing the issues and following through with whatever corrective actions are needed; and it may be necessary to come back to the Board.

Commissioner Scarborough advised it is not an exclusive Brevard County problem, it is a statewide problem; Juvenile Justice has contracted with anyone who walked in, apparently without getting licenses; and they have put young people in those homes. He stated there have been allegations of 12 young people in a home with no supervision, the fire extinguisher in the ditch behind the house, criminal activities, stealing of cars, and questions whether some are total dumps; and there are questions about the safety of those young people who are required to stay there, as well as the neighborhoods. He stated the problem is severe and may need to be addressed by a general act of the Legislature. He noted Juvenile Justice was cooperative and wanted to be involved in all the dialogue, so it was not an adversarial confrontation.

Chairman Higgs inquired if any action is required on this item; with Mr. Jenkins responding it was to advise the Board of the problems and the possibility of coming back at a subsequent meeting when they have a better handle on the facts.

BUDGET CHANGE REQUEST, RE: ROAD TO H. T. MOORE HOMESITE

Commissioner Scarborough advised the last time the Board did the cash carry forward adjustments, it did something it should not have done; the Board purchased the property of Harry T. Moore's homesite and in making the purchase committed to not only buy the back one-third of the property, but also to build a road to the property; and that was part of the contract arrangement. He stated they inadvertently removed the funding for the road improvement project which puts the Board in violation of the contract, so it needs to reverse that action to put back the funding so it will not be in breach of that contract.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Budget Change Request granting tentative budget supplement for H. T. Moore Homesite Capital Project Fund. Motion carried and ordered unanimously.

REPORT, RE: PROCLAMATION FOR MANAGEMENT WEEK

Commissioner O'Brien advised of a letter from Florida Space Coast Council asking for a resolution proclaiming June 5-10, 1995 as Management Week, and thought it would be more appropriate for the Chairman to do that. He gave the request to Chairman Higgs.

Chairman Higgs advised she will take care of it.

DISCUSSION, RE: CHANGES TO AGENDA

Commissioner O'Brien complained about the continuous changes to the Agenda up to the last minute. He stated it has been brought up before that changes stop at noon on Fridays unless they are emergencies; but he is still getting add-ons on Monday afternoon along with changes and paperwork. He recommended discussion of the agenda be scheduled for the next meeting; with Chairman Higgs responding Commissioner O'Brien could do that.

RESOLUTION, RE: NAMING DEEP MARSH ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution naming a 25-foot wide driveway access in Section 30, Township 22S., Range 35E. as Deep Marsh Road as requested by the City of Titusville with no maintenance by Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING MIRACLE MILE LANE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution naming a 25-foot wide flag lot stem in Section 2, Township 20S., Range 34E. as Miracle Mile Lane as requested by Ted Turner, with no maintenance by Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING BRICKELL LANE, SPIRE LANE, AND PALAE LANE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution naming a 50-foot wide access easement as Brickell Lane, Spire Lane, and Palae Lane in Section 5, Township 24S., Range 35E. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING BOUSQUET LANE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution naming a 50-foot wide road right-of-way in Section 22, Township 29S., Range 37E., as Bousquet Lane, to be maintained by the County upon full compliance with Ordinance No. 93-27. Motion carried and ordered unanimously.

RESOLUTION, RE: RENAMING PART OF MT. PLEASANT AVENUE AS ALEXANDER LANE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution renaming a portion of Mt. Pleasant Avenue as Alexander Lane in Section 34, Township 29S., Range 38E., with maintenance responsibilities to be determined by the Board of County Commissioners. Motion carried and ordered unanimously.

RESOLUTION, RE: RENAMING OAK STREET AS NORTHERN OAK STREET

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution renaming Oak Street in Section 1, Township 28S., Range 36E. as Northern Oak Street. Motion carried and ordered unanimously.

PERMISSION TO CONSIDER, RE: 1995A COMPREHENSIVE PLAN AMENDMENT PACKAGE PUBLIC HEARING

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to consider the 1995A Comprehensive Plan Amendment package at 5:30 p.m. on March 16, 1995 following the regular Zoning Agenda. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUESTS, RE: ADJUSTING GRANT REVENUES TO ACTUAL REVENUES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Budget Change Requests for budget supplement to adjust grant revenues to actual revenues for the HOME Investment Partnership Program. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN GATEWAY, UNIT 3 - ALEXANDER BOBINSKI

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution setting public hearing for March 21, 1995 to consider vacating public utilities and drainage easements in Gateway, Unit 3, as petitioned by Alexander H. Bobinski. 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 Cook, to adopt Resolution setting public hearing for March 21, 1995 to consider vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Georgia Metcalf. Motion carried and ordered unanimously.

PERMISSION TO RENEW AGREEMENT WITH A & E MACHINE, INC., RE: DRAWBRIDGE MAINTENANCE AND REPAIR

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to renew Agreement with A & E Machine, Inc. for one year to provide drawbridge maintenance and repair for Titusville and Mathers Bridges. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH WILLIAM GLECKNER, TRUSTEE, RE: VALLY ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with William F. Gleckner to construct an unpaved road in an existing County right-of-way to the standards of the Unpaved Road Ordinance No. 93-27 for issuance of a building permit. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH MELLONE DEVELOPMENT, INC., RE: SIDEWALK IMPROVEMENTS IN MARIANNA OAKS SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Escrow Agreement with Mellone Development, Inc. to insure sidewalk improvements in Marianna Oaks Subdivision. Motion carried and ordered unanimously.

CONTRACT WITH WILLIAM STRAND, RE: SIDEWALK IMPROVEMENTS IN SUNSET GROVES, UNIT 2 Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Contract with William Strand, guaranteeing sidewalk improvements in Sunset Groves, Unit 2. Motion carried and ordered unanimously.

EXTENSION OF CONSTRUCTION PERMIT, RE: PORT ST. JOHN CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant one-year extension of Construction Permit for Port St. John Center. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: VIERA, TRACT K

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final engineering approval for Viera, Tract K, subject to minor engineering changes as applicable and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESCIND FINAL PLAT APPROVAL AND GRANT FINAL PLAT APPROVAL FOR AMENDED PLAT, RE: SUNTREE NORTH, PHASE III - MANDARIN

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to rescind final plat approval granted on December 13, 1994, and grant final plat approval for the amended plat for Suntree North, Phase III - Mandarin, subject to receipt of all documents required for recording and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESCIND FINAL ENGINEERING APPROVAL AND GRANT REVISED FINAL ENGINEERING APPROVAL, RE: SUNRISE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to rescind final engineering approval granted on November 15, 1994, and grant revised final engineering approval for Sunrise Subdivision, subject to minor engineering changes as applicable and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH SALVATION ARMY, RE: TRANSITIONAL HOUSING Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement with Salvation Army to remove reference to specific transitional housing locations in the Agreement dated June 21, 1994 as amended on August 2, 1994. Motion carried and ordered unanimously.

PERMISSION TO REQUEST PROPOSALS, RE: EMERGENCY SHELTER SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise request for proposals from qualified non-profit organizations and local governmental agencies for HUD Emergency Shelter grant of $90,000 to provide emergency shelter services. Motion carried and ordered unanimously.

APPROVAL OF NOMINEES, RE: HRS DISTRICT 7 HEALTH & HUMAN SERVICES BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the nomination of Ronald Anderson, Paul Bruns, and William Mazyck to serve on the HRS District 7 Health and Human Services Board. Motion carried and ordered unanimously.

APPOINTMENTS, RE: VETERANS MEMORIAL PARK ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Adam Flores representing District 2, Clement Schmitt representing District 4, James Wiggins, representing Representative Randy Ball, and Jimmy Morrell representing Senator Charles Bronson on the Veterans Memorial Park Advisory Board. Motion carried and ordered unanimously.

CERTIFICATION OF COMPLIANCE, RE: SCAT ANTI-DRUG AND ALCOHOL MISUSE PREVENTION PROGRAMS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Certification of Compliance for FTA recipients verifying that Space Coast Area Transit (SCAT) and its contractors have established and implemented anti-drug and alcohol misuse prevention programs in accordance with federal requirements. Motion carried and ordered unanimously.

AGREEMENT WITH MICHAEL J. RUBACKY, RE: CARETAKER AT MANATEE HAMMOCK PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Michael J. Rubacky to provide security services at Manatee Hammock Park from March 1, 1995 through February 29, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH WAYNE R. MARTIN, RE: CARETAKER AT HOLDER PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Wayne R. Martin to provide security services at Holder Park from March 1, 1995 through February 29, 1996. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND NEGOTIATING COMMITTEES, AND EXECUTE CONTRACT, RE: ARCHITECTURAL AND ENGINEERING SERVICES FOR CONCESSION/RESTROOM AT JAMES PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise request for proposals for qualified architectural and engineering firms to design a concession/restroom building at W. W. James Park; appoint Commissioner Scarborough, Joan Madden, Charles Nelson, Cheryl Page, and Marsha Cantrell or their designees to the Selection Committee; appoint Shannon Wilson, Joan Madden and Charles Nelson or their designees to the Negotiating Committee to negotiate with the top ranked firm; and authorize the Chairman to execute the Agreement. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND NEGOTIATING COMMITTEES, AND EXECUTE CONTRACT, RE: ARCHITECTURAL AND ENGINEERING SERVICES FOR RECREATIONAL FACILITIES AT OFF-ROAD VEHICLE PARK AND COMMUNITY CENTER ON CORTO ROAD IN PORT ST. JOHN

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise request for proposals for qualified architectural and engineering firms to design recreation facilities at the Off-Road Vehicle Park and a Community Center on Corto Road in Port St. John; appoint Commissioner Scarborough, Joan Madden, Charles Nelson, Cheryl Page, and Marsha Cantrell or their designees to the Selection Committee; appoint Shannon Wilson, Joan Madden and Charles Nelson or their designees to the Negotiating Committee to negotiate with the top ranked firm; and authorize the Chairman to execute the Agreement. Motion carried and ordered unanimously.

AGREEMENT WITH SOUTH MERRITT ISLAND LITTLE LEAGUE, RE: USE OF TROPICAL ELEMENTARY SCHOOL FIELDS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with South Merritt Island Little League for use of Tropical Elementary School fields from February 22, 1995 through February 21, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH FDEP, BUDGET CHANGE REQUEST, AND TEMPORARY LOAN, RE: BOATER'S GUIDE TO INDIAN RIVER LAGOON

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Florida Department of Environmental Protection for $5,000 of Florida Boating Improvement Program funds; approve Budget Change Request to establish the project account; and approve $5,000 temporary loan from the General Fund for the publication and distribution of a Boater's Guide to the Indian River Lagoon. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: JUMBALAYA JAM FESTIVAL AT WICKHAM PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive provisions of Article IV, Festivals, to allow musical entertainment, and Article V, Section 18-104(2) to allow sale, possession, donation of alcoholic beverages for a Jumbalaya Jam Festival at Wickham Park on February 24, 25 and 26, 1995, subject to all state and local permits being obtained and security, port-o-lets, traffic control, clean up and comprehensive liability insurance with liquor liability coverage being provided by Fair Management, Inc. Motion carried and ordered unanimously.

AGREEMENT WITH DCA, DIVISION OF EMERGENCY MANAGEMENT, RE: FY 1995 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Florida Department of Community Affairs, Division of Emergency Management for the FY 1995 Emergency Management Preparedness and Assistance Trust Fund grant of $67,424, and designate Mark W. McMichael, Emergency Management Director, as the authorized agent of the Board. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: FDEP APPROPRIATION FOR MANATEE PROTECTION PLAN

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Budget Change Request amending the Natural Resources Management Division's budget to reflect appropriations from Florida Department of Environmental Protection (FDEP) for development of a Manatee Protection Plan. Motion carried and ordered unanimously.

CHANGE ORDER NO. 4 WITH BUTLER CONSTRUCTION COMPANY, RE: NORTH BREVARD WATER TREATMENT PLANT EXPANSION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 4 to Agreement with Butler Construction Company, for North Brevard Water Treatment Plant Expansion Project, increasing contract amount by $3,943.31 to reroute filter effluent piping. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH MORETRENCH ENVIRONMENTAL SERVICES, INC., AND RELEASE OF RETAINAGE AND FINAL PAYMENT, RE: LANDFILL GAS MANAGEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 2 to Agreement with Moretrench Environmental Services, Inc. for Landfill Gas Management Project, providing final additions and credits; and authorize release of retainage and final payment of $115,024.46 to the contractor. Motion carried and ordered unanimously.

WAIVER OF BID REQUIREMENTS, RE: SECURITY SERVICES FOR MELBOURNE TRANSFER STATION/SARNO ROAD LANDFILL

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive bid requirements and authorize purchase of security services for Melbourne Transfer Station/Sarno Road Landfill using the current Agreement with Liberty Security of Brevard County, Inc. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH GEOFFREY STRANGE AND JOHN SOILEAU, RE: SPECIAL MASTERS FOR UNLICENSED CONTRACTOR CODE VIOLATIONS Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendments to Agreements with Geoffrey Strange and John L. Soileau, extending the Special Master Agreements of March 8, 1994, to conduct hearings for violations of the Unlicensed Contractor Code, from January 1, 1995 through December 31, 1995. Motion carried and ordered unanimously.

AMENDMENT EXTENDING CLOSING DATE FOR KROECKER COMMUNICATIONS, INC., RE: PURCHASE OF PROPERTY IN SPACEPORT COMMERCE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement with Kroecker Communications, Inc. extend the closing date from February 24, 1995 to May 24, 1995 to purchase property in Spaceport Commerce Park, with the condition that Kroecker closes at the time of public offering which has been rescheduled by the Securities & Exchange Commissioner to May, 1995. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM CITY OF COCOA, RE: PURCHASE OF NEW BALLOT COUNTING SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of Resolution from City of Cocoa urging the Board to consider appropriating funds to purchase new ballot counting system for elections conducted throughout the County. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM CITY OF SATELLITE BEACH, RE: PURCHASE OF NEW BALLOT COUNTING SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of Resolution from City of Satellite Beach, urging the Board to consider appropriating funds to purchase a new ballot counting system. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM CITY OF CAPE CANAVERAL, RE: SUPPORTING HOUSE BILL NO. 5, ACCESS TO LOCAL PUBLIC OFFICIALS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge Resolution from City of Cape Canaveral supporting House Bill No. 5 providing access to local public officials by allowing ex parte contact regarding merits of any matter on which action may be taken by any board or commission on which the official is a member. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM CITRUS COUNTY, RE: SUPPORTING RIGHTS OF CITIZENS TO ASSEMBLE AND INSTRUCT THEIR REPRESENTATIVES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge Resolution from Citrus County supporting an amendment to Florida Constitution on rights of citizens to assemble and instruct their representatives. Motion carried and ordered unanimously.

AWARD OF BID #B-5-5-24, RE: UNIFORMS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reject the low bid of Martin Uniforms at $33,147.75 as it did not meet specifications, and award Bid #B-5-5-24, Uniforms, to R & R Uniforms at $37,152.46. Motion carried and ordered unanimously.

AWARD OF BID #B-1-5-39 AND AGREEMENT, RE: ADDITION TO COCOA WEST COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to award Bid #B-1-5-39, Addition to Cocoa West Community Center, to low bidder Priority One Construction at $343,000; and authorize the Chairman to execute an Agreement with the contractor. Motion carried and ordered unanimously.

AWARD OF BID #B-1-5-42 AND AGREEMENT, RE: WOODY SIMPSON COMMUNITY CENTER ADDITION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to award Bid #B-1-5-42, Woody Simpson Community Center Addition, to low bidder RKT Constructors at $412,000; and authorize the Chairman to execute an Agreement with the contractor. Motion carried and ordered unanimously.

AWARD OF BID #B-1-5-45 AND AGREEMENT, RE: CONSTRUCTION OF JOHNS ROAD DETENTION AND SILTATION PONDS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to award Bid #B-1-5-45, Construction of Johns Road Detention and Siltation Ponds, to low bidder Ranger Construction at $303,148.25; and authorize the Chairman to execute the Agreement with the contractor. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATION, RE: DENTAL EQUIPMENT TO HEALTH DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept donation of one Apollo II X-ray machine and one Perio Pro automatic developer from Dr. Joel Scalero to Brevard County Health Department, estimated at $1,500 and $800 respectively. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: PERSONAL PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal of one radio, #D-204-0401, reported stolen from the Property Control warehouse, and a desk, #B-081-0454, reported unaccounted for from District 3 Commission Office, from the County's inventory. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: PERSONAL PROPERTY OF NO VALUE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal from County inventory tangible personal property declared junk, irreparable, and of no auction value by the custodians. Motion carried and ordered unanimously.

APPROVAL, RE: PERSONAL PROPERTY TRANSFER BETWEEN BOARD AND SHERIFF'S DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve transfer of tangible personal property from the Sheriff's Department to the Board and from the Board to the Sheriff's Department pursuant to Chapter 274, Florida Statutes and Brevard County Procedure #BCC-10. Motion carried and ordered unanimously.

APPROVAL, RE: NACo ACHIEVEMENT AWARD APPLICATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve applications for the 1995 NACo Achievement Awards for Development Review Process of Law Development Division, Occupational Safety and Health Program Manual, After School Activities Program, First Time Home Buyer Program, Volunteer Program, and Project Pathway. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING DECEMBER 31, 1994

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept Revenue Monitoring Report for quarter ending December 31, 1994, as prepared by the Finance Department. Motion carried and ordered unanimously. APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

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

Parks and Recreation South Service Sector Advisory Board
Clark Click, 2483 Chapparal Drive, Melbourne 32934 with term expiring December 31, 1996.

Contractors Licensing Board
Tim Davis, 371 Taunton Road, S.W. Palm Bay 32908, with term expiring December 31, 1995.

Spaceport Commerce Center
Ilene Davis, City of Titusville, P. O. Box 2806, Titusville 32781, with term expiring December 31, 1995.

Motion carried and ordered unanimously.

AMENDMENT TO CONTRACT FOR SALE AND PURCHASE WITH BEVILLE TRUST, RICHARD H. STOTTLER, JR., THOMAS E. WASDIN, AND BRUCE A. BEVILLE, TRUSTEES, RE: CORRECTING LEGAL DESCRIPTION OF PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Contract for Sale and Purchase with Beville Trust, Richard H. Stottler, Jr., Thomas E. Wasdin, and Bruce A. Beville, Trustees, to correct the legal description of property contained in the Contract dated August 8, 1994. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - CLERK OF THE CIRCUIT AND COUNTY COURTS SANDY CRAWFORD, RE: PRESENTATION OF CERTIFICATE OF ACHIEVEMENT AWARD

Clerk of the Circuit and County Courts Sandy Crawford, advised Brevard County has been awarded the Certificate of Achievement for Excellence in Financial Reporting; and three people were primarily responsible for preparing the award-winning report. He stated the Certificate is from the Government Finance Officers Association of the United States and Canada, called GFOA, for the Comprehensive Annual Financial Report (CAFR); it is the highest form of recognition in the area of governmental accounting and financial reporting; and its attainment represents a significant accomplishment by a government and its management. He presented the Certificate to the County and Finance Director Stephen Burdett.

Mr. Crawford advised of awards for financial reporting to the individuals primarily responsible for preparing the award-winning CAFR; and presented the awards to Mike Rizzo and Brad Pugh. He noted Lynn Ross also was responsible for preparation of the report, but could not be here today. He stated the CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive spirit of full disclosure to clearly communicate its financial story and motivate potential users and users groups to read the CAFR. Mr. Crawford advised the GFOA is a non-profit professional association serving 12,625 government financial professionals with offices in Chicago, Illinois and Washington, D.C. He congratulated and thanked staff for a job well done. He noted people who want to know the status of the County should look at the CAFR.

Chairman Higgs advised on behalf of the Board, they appreciate Steve, Brad and Mike's work. She stated the ability to understand the financial information is very important; it is significant that a professional organization for government financial officers has recognized their work; and the Board wants everyone to know what that means because it is very outstanding.

Mr. Crawford stated it is something that the people in the community should look at when they want to see where the County stands; that is the report that really tells them; and there are reports previously that they can compare to, so it is meaningful to everyone in County government.

PRESENTATION, RE: PLAQUE OF APPRECIATION TO COMMISSIONER HIGGS

Mr. Crawford advised on behalf of East Central Florida Regional Planning Council, he would like to present a plaque to Commissioner Higgs for her service to the people of Brevard County and East Central Florida for two years. He thanked Commissioner Higgs for her meritorious service on behalf of all the citizens in Brevard County.

Chairman Higgs thanked Mr. Crawford, and advised that he is now serving as Brevard County's representative.

PRESENTATIONS, RE: EXCELLENCE IN PUBLIC SERVICE MANAGEMENT AND PUBLIC SERVICE AWARDS

Chairman Higgs advised the Board and Administrative staff has the privilege this morning of recognizing two employees of the County for their outstanding service by presenting the Public Service Management Award and the Public Service Award; each year two staff members are recognized by the County for their outstanding service; and requested Mr. Jenkins explain the awards.

County Manager Tom Jenkins advised the County has been doing it for 6 or 7 years; annually they select an outstanding manager and outstanding employee; the basis of the award is professional development, outstanding job performance, and community involvement; and they look at all those considerations in selecting the persons. He stated the employees selected get their photographs on display at the Government Center and up close parking spaces and other recognition.

Chairman Higgs advised Jennifer Meyer was selected for the Excellence in Public Service Award; read a resolution commending Jennifer Meyer, Horticulturist with Parks and Recreation Department; and stated the Board is proud of what she has done and thanks her for all the work she has done.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution commending Jennifer Meyer for being awarded the Excellence in Public Service Award for 1994. Motion carried and ordered unanimously.

Parks and Recreation Director Chuck Nelson advised Jennifer has been a tremendous addition to the staff; she has brought a level of professionalism in the landscaping and ability to take care of County parks; they are much greener today because of her efforts; they have gone from maintaining grass to maintaining athletic turf; so they have come a long way based in great part on her efforts.

Chairman Higgs advised the second award is the Excellence in Public Service Management Award presented to Scott Linkenhoker, Water/Wastewater Division Director; read a resolution commending Scott Linkenhoker; and stated the Board thanks him for all of his work and appreciates everything he does.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution commending Scott Linkenhoker for being awarded the Excellence in Public Service Management Award for 1994. Motion carried and ordered unanimously.

Mr. Linkenholker thanked the Board and stated it is quite an honor for him.

Water Resources Director Dick Martens advised Scott has been a real asset to the Division; he is an employees manager; he cares about the feelings and professional development of his employees; he is well liked; he is always receptive to their suggestions and comments; and has made a big difference in our operation; and he is pleased to have him. He congratulated Mr. Linkenhoker.

Chairman Higgs advised it is nice to recognize individuals on this occasion; there are many people who are committed servants of the public; and it is nice to be able to recognize two of them today.

PERSONAL APPEARANCES - JULLIETTE BUTTERWORTH, ROBERTA CORNELIUS, AND ROBYN WILLIAMS, RE: COMMENDATION RESOLUTIONS

Commissioner Scarborough read a Resolution commending Julliette Butterworth, Roberta Cornelius, and Robyn Williams for their efforts in development and implementation of the West Canaveral Groves Ordinance No. 94-26, and extending appreciation for their dedication and untiring efforts for the benefit of their community and neighbors. He presented the Resolutions to Ms. Butterworth, Ms. Cornelius, and Ms. Williams.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolutions commending Julliette Butterworth, Roberta Cornelius, and Robyn Williams for their dedication and untiring efforts in developing and implementing the West Canaveral Groves Ordinance. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - TIMOTHY FLACK, RE: WAIVER OR RELEASE OF CODE ENFORCEMENT LIEN ON PROPERTY AT 1475 CANAVERAL COURT, MERRITT ISLAND

Timothy Flack, 1475 Canaveral Court, Merritt Island, President of Coast-to-Coast Auto Sales in Cocoa; requested reduction or release of a judgment in excess of $14,000 due to a Code Enforcement lien. He stated he did bring cars home from time to time to wash and wax them and do minor repairs to the vehicles, but the fine is very excessive; because of the lien he is unbondable and will be taken out of the car business; and there has been no activity at his house since December l994. He stated he has done nothing wrong; he was told by members of the Code Board all he has to do is comply; and he is in compliance. Mr. Flack emphasized the hardships he will experience because of the lien; and indicated constant surveillance by his neighbors of everything he does which has caused overwhelming pressure on him. He stated he called Gary Penna and explained that he was going to clean out the side of his house and his garage and asked for permission to bring his truck to his property; he did that about 4:00 p.m. and worked most of that evening and the following day; and at about 10:30 p.m. Saturday night, he was greeted by Code Enforcement Officer Arnie Massey at his home. He stated he is being persecuted while his neighbors can wash and wax cars and work on cars without problems; and stated he cannot believe this is what Brevard County is all about, forcing someone on welfare because that is where he has to go since he is unbondable as a direct result of the lien. Mr. Flack stated he is willing to pay what is reasonable; he is not a murderer, rapist, criminal, or drug dealer, he is a small businessman who is struggling and trying to stay alive; and requested the Board's consideration. He submitted documents as evidence.

Commissioner Cook advised it is difficult to make a judgment without appropriate information, and he tried to find out more about this case but was not successful in finding out the specifics of the circumstance. He stated he needs more information. Commissioner Ellis stated staff was requested to do a letter.

Commissioner O'Brien advised this case should be handled by the Code Enforcement Board; he does not want to override that Board; the Board needs to hear both sides of the case and it is only hearing one side now; and he is against this type of public appearance unless they have a full case hearing of both sides. He stated Mr. Flack went before a judge and the judge had to make him comply, so that is how far it got. Mr. Flack stated that is not correct, it was a temporary injunction. Questions and answers were exchanged between Mr. Flack and Commissioner O'Brien about how long the case has been going on, and the reasons why he was found in repeat violation was because of a split tire on I-95 and he had to return home to fix it.

Commissioner Ellis questioned the fine of $500 a day retroactive to September 22, 1994, the authority of the Code Enforcement Board to retroactively impose fines, what action imposed the fine on September 22, 1994; what ended the fine, and what is the Code Enforcement policy about imposing fines retroactively.

Assistant County Manager for Environmental Services Stephen Peffer advised the aspect is the repeat violator; that is when they look back to the time of the actual inspection; this has gone to the Code Board and had extensive hearings with both sides hearing evidence and testimony under oath; and this is not a good forum for that type of action. He stated he would respond to questions Commissioner Ellis has but feels it cannot be done thoroughly at this time. Commissioner Cook stated Commissioner Ellis has every right to bring anything before the Board he feels is important; but the Board cannot make a decision on this now and should schedule it on the agenda.

Commissioner Ellis recommended this case be scheduled on the agenda in particular and in general the Code Enforcement Board policies and how it operates. Chairman Higgs indicated it should be two separate items; with Commissioner Ellis responding one leads into the other and the case goes back to how the Code Enforcement Board operates. He inquired if Mr. Penna was notified that the truck was coming out to Mr. Flack's house that weekend to unload the garage; with Mr. Peffer responding Mr. Penna had a death in the family and is not here this week. Commissioner Ellis stated the Board needs to get that information and the fact that Code Enforcement was out there on Friday and Saturday night, if they were already notified that Mr. Flack was going to clean his garage, and what is Code Enforcement doing out there all the time. He recommended the item be scheduled on the March 7, 1995 agenda and each Commissioner sent a copy of the Code Enforcement record.

Chairman Higgs instructed Mr. Jenkins to insure it is scheduled on the agenda for March 7, 1995, and Mr. Peffer to provide each Commissioner with a copy of the Code Enforcement record.

PERSONAL APPEARANCE - KEN BAKER, RE: WAIVER OF AMBULANCE SERVICE FEES FOR ANNUAL VIETNAM VETERANS REUNION AT WICKHAM PARK

Ken Baker, representing Vietnam Veterans of Brevard, advised they have sponsored the Vietnam Veterans Reunion at Wickham Park; it will take place on April 7, 8 and 9, 1995; and they bring in the moving wall which is the half scale replica of the Vietnam Veterans Memorial in Washington, D.C.. He stated they do it for Brevard County at no cost.; anyone can come out and tend the wall, and enjoy the entertainment; and it is not a fund raiser. Mr. Baker advised Harbor City Volunteer Ambulance Squad provided ambulance service for the event in the past; this year they cannot do it because of new federal regulations that prohibit it since they file claims with HRS; and requested the Board waive the fee and provide the service which is a total of $1,148.00

Commissioner Cook inquired if the Board can waive those fees; with County Manager Tom Jenkins responding yes.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to waive the fee for ambulance service for the Vietnam Veterans Reunion at Wickham Park on April 7, 8 and 9, 1995. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - IDA BLICKLEY, RE: COUNTY ATTORNEY'S RESPONSE TO QUESTIONS ABOUT NORTH BREVARD HOSPITAL DISTRICT BOARD

Ida Blickley, 4475 Swift Avenue, Titusville, inquired where the money at Jess Parrish Hospital comes from if not the taxpayers; with County Attorney Scott Knox responding he does not know for sure, but it probably comes from revenues generated from charges for services as well as donations from other sources. She stated she and Ms. Polk would like to request Commissioner Scarborough and the County Attorney attend a public meeting of Jess Parrish Hospital Monday evening, because if the Board does not help to save the hospital they will lose it; they are trying to merge with Wuesthoff Hospital and the people will lose everything they have put into it for 50 years.

Commissioner Scarborough advised he has a Board meeting on Monday, and perhaps someone else can attend the meeting.

Commissioner O'Brien stated this is another example where public money has been spent on such things as hospitals and the Port that he has been arguing about; and after a period of years, the public's investment seems lost; and it bothers him that tax money goes into a project and years later they want to sell it or give it away. He stated it is not a fair return for the people who paid the taxes; and there are a lot of things that slip by that are worth millions of dollars.

Commissioner Scarborough gave a scenario of investing in a corporation and only getting the initial investment back; inquired about the Legislative Delegation holding a public meeting; and advised that the County Attorney's memorandum gave some information.

Mr. Knox stated he will go to the meeting if the Board wants him to. Commissioner Scarborough indicated the meeting is to provide a forum for questions before the legislation moves forward because there was question whether the people were informed; part of the questions were legal and that information was provided by the County Attorney; and the Board could let the County Attorney attend the meeting and report back to the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the County Attorney to attend the meeting of the North Brevard Hospital District Board and report back to the Board. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - GLEN McGUFFIE, CARY SLATER, BRUCE WATERS, AND JUDITH VAN ORMAN, RE: COMMENDATION RESOLUTION

Commissioner Ellis read the Resolution commending Glenn McGuffie, Cary Slater, Judith Van Orman and Bruce Waters for their outstanding support, dedication, and commitment to the veterans and their families, and presented the Resolution to the Brevard County Veterans Service Team.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution commending the Brevard County Veterans Service Team for their outstanding performance. Motion carried and ordered unanimously.

Mr. McGuffie thanked the Board for the distinctive honor; and advised the crew is the finest team of professionals he has worked with and relayed appreciation to Jasper Trigg, Bernice Jackson, Joan Madden and Tom Jenkins for their support and empowerment which enables them to excel and help improve the quality of life for the veterans, their families and survivors.

Chairman Higgs thanked the team for their services to the veterans.

PERSONAL APPEARANCE - BEVERLY SANDERS, RE: RESOLUTION AND LETTER SUPPORTING PRIVATE INDUSTRY COUNCIL'S APPLICATION FOR ONE-STOP CAREER CENTER SYSTEM, LOCAL LEARNING LABORATORY GRANT

Beverly Sanders, 533 Royal Palm Drive, Melbourne introduced Pam Walsh, and advised they want to blaze the trail in the nation to provide services for people who have been laid off; Brevard County has been hit heavily this past year; and Ms. Walsh will explain the grant proposal they are writing. She requested a support letter and resolution for the grant.

Pam Walsh advised the grant is an opportunity to designate one-stop career centers already established in Brevard County in conjunction with the County, Brevard Community College, the School Board, and Florida Department of Labor Employment Security to assist laid-off workers by having a person enter one door and receive all the services, from unemployment compensation, job search assistance, and information and access to federal job training programs. She stated the grant will enhance the services already provided and designate the one-stop centers as national learning laboratories and test innovations and distance learning technology through the use of the College's television station and through microwave satellite transmission where they can deliver one class at one location and reach out to multiple locations.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt a resolution supporting Brevard Work Force Consortium and its application for U.S. Department of Labor Employment and Training Administration One-stop Career System Local Learning Laboratory Grant; and authorize the Chairman to execute a letter of support.

Commissioner Ellis advised he will support the motion because he agrees with putting everything under one roof; however, people who are being laid off do not need to be retained who are highly technical people; and he cannot support retraining an electronics technician to be a dental assistant. Ms. Walsh advised in many cases they have highly-skilled professionals, and they provide access to the job search network through readjustment services. Commissioner Ellis stated he will support this because it will help people not only in Brevard County but to obtain jobs in other locations.

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

The meeting recessed at 9:56 a.m. and reconvened at 10:16 a.m.

DISCUSSION, RE: SCHOOL BOARD'S BOND REFERENDUM

Charles Hoyman, 844 Oak Park Drive, Melbourne, representing Better Schools = Better Brevard, advised the School Board unanimously decided to put the referendum on the ballot for the voters of Brevard County to have their word on which way they want to move forward in reference to education and facilities; the political action committee was formed to support this one item; he and Dr. Joseph Boyd co-chair the Committee, 300 people donated to support them; and 1,200 people attended the rally to support the bond referendum. He stated the School Board determined a need in excess of $500,000,000; when passed the funds will repair 39 existing schools and build 5 new schools; average age of a school is 27 years; and requested those in support of better schools to stand up. He stated they will successfully pass the referendum.

Vera Walker, 28 Mitchell Street, Cocoa, thanked the Board for support of the arts; stated the schools need improvements; adequate funding for facilities and education include the arts for a complete education; and auditoriums are needed. She described Merritt Island auditorium, noted NASA may move its Houston Office here; and requested support of the arts and money for the schools.

Becky Suomi, 1140 Ipswich Street, Palm Bay, advised providing the best education is the highest priority; mixed messages have been sent to children that education is important, but they are not willing to spend funds to support it; and every dollar spent on education saves $7.00 at the other end. She stated property values will increase; businesses look at the school system before moving facilities to an area; quality of life improves with good educational systems; and many schools are in dire need of renovation because they are not retrofitted to accommodate technology to help teach the children. She requested a message be sent to the children that they believe in them and the future of the community and make education our responsibility and priority, pass the bond referendum or continue to short change children, and a yes vote on May 2, 1995.

Sylvia Bennett, 12 Burlington Avenue, Rockledge, representing Golfview Elementary School, advised of many improvements to the school, library, walkways, drainage, storage space, bike racks, cafeteria and kitchen, that have been beneficial; and requested the Board tell the children it cares about them because they need to know.

Robert Murphy, 380 Palm Boulevard, Merritt Island, President of School Improvement Committee at Jefferson Junior High School, solicited the Board's support of the bond referendum; advised of the excellent custodial staff that has kept Jefferson an outstanding school; and frustration of parents with leaking roof, increase of mold, sick staff, children, teachers, and computers, and the need for children to attend schools in a safe environment. He stated children are the greatest natural resource; without them the future is moot; and to provide children with quality education is one of the greatest things anyone can do for the future of Brevard County.

Renee Treap, 1719 Country Cove Circle, Malabar, advised of the latest renovation of the clinic at Stone Junior High School, including handicap accessibility, and the benefits experienced by the students. She stated they need the bond issue to ensure students receive not only the best academics, but the safest education possible.

John Liebler, 6775 South Highway A1A, Floridana Beach, advised he lives on a fixed income but remembers his days in elementary school with 38 and 44 students in one classroom, so he is willing to pay for the bond issue so his grandchildren and great-grandchildren do not have to go through what he did.

John Holder, 951 Jupiter Boulevard, Palm Bay, representing Southwest Junior High School, advised he worked with Dr. Sawyer on the Capital Outlay Committee to plan and review the budget for the future of the schools in Brevard County; and on behalf of Southwest Junior High School, Mr. Petty, and Dr. Sawyer, he is in support of the bond referendum, and requests the Board's support. He stated having all year-round schools will cost extra funds; the improvements at Southwest have been beneficial; it serves as a senior citizen center and serves breakfast every day; and the schools are so multi-faceted that they need funds to operate properly within the goals of Blueprint 2000 that the state has mandated. He stated without the passage of the bond referendum, they will be running schools on a 1962 budget which was the last year a bond was passed for school improvements; and requested the Board's support of the bond referendum.

Cynthia Brubaker, 120 Ocean Terrace, Indialantic, representing Artists for a Complete Educatoin (ACE) advised their mission is to insure education in the arts for all Brevard County students; they support the passage of the bond referendum for viable arts education programs in the schools because it is an integral part of a complete education; and without the bond there will be major cutbacks that will impact the arts that lead to careers and lifelong interests. She noted often students who are poor in academics flourish in the arts; and they are willing to invest in their children's education today to make certain society is competitive in tomorrow's world. She urged the Board to support the bond issue.

David Thatcher, 6065 Seminole, Scottsmoor, advised his grandchildren go to Pinewood Elementary School; they have no cafeteria or auditorium; Titusville High in some areas has no air conditioning, and only 13% of the money will go to the North area; but perhaps it only has 13% of the students so he can live with that. He stated it is better to put money into schools than prisons; priorities have been askewed in the past; and today they should go on and not turn down the future of our country. He stated he intends to work for the bond issue.

Nan Bugenske, 2000 Hawk Haven Drive, Indialantic, teacher at Hoover Junior High School, stated she believes the bond referendum is something they need, and luckily because of trainable emotional handicap monies that were available, her section of the school was renovated. She stated the school was built in the 1960's; and she has seen the needs to be addressed.

Robert Bauer, 508 Kimberly Circle, West Melbourne, Brevard Cultural Alliance Cultural Executive Committee Vice Chairman, Vice President and Director of Marketing for Florida Space Coast Philharmonic, and a person referred to as not interested in what the future of society is, stated he has an interest in society; lauded Merritt Island High School Auditorium as an asset; and quoted Shakespeare as saying, "All the world is a stage, and we are but actors upon it." He noted the curtain is starting to drop on his performance, but do not let it come down on the young people in the schools by excluding auditoria as part of the bond referendum.

Julie Widener, 524 Como Avenue, Palm Bay, School Improvement Representative for Palm Bay High School, advised the City of Palm Bay passed a resolution supporting the referendum and they are grateful for that; a referendum should have been considered years ago in view of the growth; and if it is not passed now, the over population will be overwhelming and conditions of schools will not be maintained. She stated good facilities and safe environments are a must for children; advised of her efforts to obtain a grant for the school; and that the amenities are for the people living in the community who want those things at their disposal as well as for the students.

Julie Wise, 3910 Postridge Trail, Melbourne, stated she does not understand the objective of the issue coming to the Board when the decision was made to take it to the people on May 2, 1995; and inquired if the Board is to endorse the referendum, will it subject it to the same scrutiny of every other issue it votes on; can it accept the information provided by individuals who are not responsible to the Board; does it understand the potential implications of an endorsement and supports the financial data; is the bond referendum the best answer to the problems in the schools; does it approve the bond language and feels confident the School Board has the ability to efficiently execute the contracts; does the plan not allow for problems; and does it support the School Board Attorney's position that a public body may utilize its employees and financial resources to inform citizens of the need for and advocate the passage of the bond issue. She stated if the Board decides to support the issue, will County staff and equipment be made available to serve the political action committee; and did not citizens vote against such actions a few years ago. Ms. Wise stated the issue is not whether the schools need financial help, but whether or not the Board feels confident to endorse the totality of the referendum as the best way to provide that help.

Jeanne Leeberg, 1595 A1A, Satellite Beach, representing cultural organizations as President of Cultural Executive Committee of Brevard Cultural Alliance, advised it is important to have the bond issue pass because quality education is No. 1 priority; it is less expensive to educate than to incarcerate; the schools are outdated; and it will be looked at as an area for companies to relocate to. She stated as an arts educator, her concern is failure to pass the bond will eliminate art classes and sporting events; and quoted Lyndon Johnson as saying, "Art is a nation's most precious heritage for it is through our works of art that we reveal ourselves. It is the inner vision that guides our nation. Without it people perish." She urged the Board to support the bond issue so children can be educated and the community a better community.

Dale Todd, 3660 Belle Arbor Circle, Titusville, advised he supports the bond issue; his children are receiving an excellent education at Riverview Elementary even though it needs renovation and has no cafeteria, so 65% of the children on free and reduced lunch program have their primary source of nutritious food provided by bus which is not a good situation and should be rectified. He stated it is a question of investment, and inquired if the Board will invest in the future of the County and make it stronger because that future is the children in those facilities, or worry about what happened in the past. He stated he supports the investment and urges the Board to do the same.

Dick Gregory, 1463 Newfound Harbor Drive, Merritt Island, inquired what will prevent the School Board coming back a year or six months later and wanting an increase in millage because by law they can do that; so if the bond issue passes, he would like to see restrictions put on the millage so it is not increased immediately.

Diann Harle, 1012 Woodsmere Parkway, Rockledge, advised the Board should put every thought and consideration into whether this is a good proposal because it is the political voice of her children; and described the problems, including no cafeteria, mildew, lack of storage space, and poor air quality. She stated McNair Magnet School received 11 of the 14 first place awards in the Regional Science Fair; NASA, U.S. Army, Navy, Air Force, and Marines, Aerospace industries, professional societies gave awards to those students; and there is no choice but to go froward and give children the facilities they need to learn. She stated the Board is the political voice of the people, so it should investigate, search and do what it needs to do and when finished, consider that it is the political voice of the children.

Lori Krasovic, 4818 Lake Superior Drive, Cocoa, advised her children attend Fairglen Elementary and are fortunate to have newly renovated facilities; they spend six or more hours a day there 180 days a year and are proud of their school; the computer room is not in a portable; and they have a media center, classrooms with no health problems of mold and mildew, and no leaky roof. She stated all children are part of our future and need to provide what Fairglen has to all the children; and requested the Board support the bond referendum to give chilren the future they deserve and a safe and comfortable environment.

Joseph Aiello, 1276 Bonita Court, Palm Bay, advised they have been building schools for a hundred years and passing bond issues over and over again to provide what everyone is talking about, yet they have not done it; and people cannot read or do math, and do not know history or the Constitution. He stated they built buildings and bussed students that benefited others yet students are not learning and cannot follow simple instructions to do assembly jobs; the same thing has been done for many years, reduction in class size and other alternatives, but various electives interfere with scheduling of students in math, science, history and English. He indicated the voucher system as an alternative, and read a quote from an advisor to the King of France primarily indicating education should not be taught indiscriminately to everyone, as pride and presumption would be general and obedience would disappear.

Karen Rood, 4155 S. Tropical Trail, Merritt Island, advised her children attend Gardendale Elementary Magnet School and she serves on the Board of Trustees at Mila Crippled Children Center; children in classrooms had their feet off the floor because it rained yesterday. She advised of problems in the schools with no cafeterias, inadequate plumbing, operating at 150% capacity, books with mold, bathrooms not working, and walls with mold, and she personally experienced unacceptable situations. She stated the plan is for $97 million for the North area, $110 million for Central, and $167 million for South area, which is about 33 cents per day for an $85,000 home. Ms. Rood advised the children deserve educational opportunities and the money will be regulated by state law so it cannot be spent on instructional programs or salaries.

Gunter Wendt, 1723 Bayside Avenue, Merritt Island, advised the Chambers, development agencies, and the Board told the taxpayers for years how beneficial it would be to support growth, and increased property assessments would take care of infrastructure, but there are trailers called classrooms in the schools. He stated if the bond issue fails, the Board will need the National Guard to protect it from irate parents; the bond will renovate old schools and build new ones; but they will have to pay the operating costs from 7/10ths of a mill they have available on their taxing authority.

Angela Quillen, 125 Richland Avenue, Merritt Island, representing Mila Elementary School, advised Mila was fortunate to undergo renovations completed last spring and experienced an explosion in technical growth, creativity, and outreach to the community through the crippled children's wing; and it is hard to look back at the portables, poor lighting, inadequate access, intercoms that did not work, and unused computers because of limited software. She stated 30% of their school is exceptional education, many severely challenged; and the renovations were made first to comply with ADA requirements, and it ignited the pioneering spirit. She stated the improvements have been beneficial and everyone needs to rebuild the foundations of the schools for the future.

Patricia Connelly, 345 Sherwood Avenue, Satellite Beach, President of Satellite Band Parents Association, advised they have supported music and held fund raisers to supply the band with the bare minimum; they rent the King Center at $2,000 per event so children do not have to use the gym; so they support auditoriums and music programs which are needed as much as basketball courts and football fields.

Bob Brewster, 2107 Cox Road, Cocoa, advised of the way Massachusetts school system's budget is set up as a form of accountability; the lottery was to enhance education, but the state substituted lottery money for school funds; and the state should be made to replenish the school funds so the bond issue would not be needed. He stated many school repairs are not made and funds transferred to the operating budget; an article in Florida TODAY Newspaper depicted the needs of schools; and allocations and expenditures in the Capital Projects 1992 report showed $110,310,959 was budgeted and $43,022,277 spent and all 60 projects that were up for renovation was at negative funding. Mr. Brewster stated Titusville High School renovation was allocated $3,000,000 and $93,759 was spent, that is 96% under on that expenditure; Clearlake renovation was allocated $495,837 and only $25,000 was spent; and Melbourne High was allocated $4,377,927, but only $63,616 was spent; and that is why the schools are the way they are today. He stated the money is transferred to operating which is 85% salaries and benefits.

Helen Filkins, 360 Harbor Drive, Cape Canaveral, representing Cape Canaveral and Cocoa Beach Citizens Action Committee, requested the Board not endorse the bond issue; and stated she is upset by listening to people imply if you are for the bond issue, you are for education, and if you are against it, you are the scum of the earth and not for education. She stated she is a former high school and college teacher; noted all the members of her family who are in the educational field as professors and teachers; and stated the bond has nothing to do with the quality of education, but has to do with a poor record of maintaining the schools. She stated of the 9.289 mills, 2 mills were for capital outlay, plus capital outlay funds from the state; over ten years they have collected over half a billion dollars for capital outlay; yet the schools are falling apart. Ms. Filkins mentioned studies they reviewed, funds mis-spent and mis-managed, and Port St. John with 33,000 people or more does not have a high school in the five-year plan. She indicated the five-year plan is a catch up plan, and a need for dialogue between the School Board and people to tell them what their priorities are and what they want. She begged the Board not to endorse the bond; stated taxes have nothing to do with it; and the School Board needs to admit what is wrong and tell them what they plan to do and how they plan to pay for it.

Beatrice Fowler, 100 West Bay, Cocoa Beach, representing the Citizens for School Board Accountability, stated as the public becomes aware of the facts there will be more opposition; $350,000,000 will not solve the problem; the problem is mis-management; and the bad track record continues, despite another layer of bureaucracy added to the Facilities Department. She indicated the demand for $350,000,000 is a confession of maintenance mis-management of a $459,000,000 budget; and while asking for money, the Administration transferred $10,000,000 out of capital to the operating account, thereby reducing funds available for facilities renovations. She stated there are too many faults in the plan on how the money will be spent, inflated costs, inequalities between north, central and south areas, and 37 schools postponed until additional funds are available, indicating another potential tax hike or bond referendum. Ms. Fowler stated the School Board did not like pay as you go plans or mobile school rooms, continue to close schools in the north and open them in the south, and has not considered privatization of maintenance; and the rigid attitude of school officials is the same attitude that created the mess the schools are in today which proves there is no change. She noted only by rejecting the bond issue will a long-needed message be sent to the School Administration that the people are displeased with their management.

Joyce Norman, 359 Calcutta Avenue, Palm Bay, stated there has been mis-management and as a result there have been three superintendents in a short period of time; studies were done of Brevard County facilities; and mentioned the three reports which are available to the public and redundant in stating the facilities are inadequate and disasters waiting to happen. She stated the current tax is at 9.29 mills; there is a constitutional amendment that prevents the School Board from increasing taxes beyond the ten mill cap; so that should resolve the increase millage issue. Ms. Norman advised year round schools cost $250,000 in additional administrative costs, portables may not withstand the constant traffic, the Legislature allows capital monies to be moved from capital to operating, but that is not true with the bond funds, and there are health and safety issues involved. She stated she will sue the County and School Board if they are providing an unsafe environment that jeopardizes the life and health of her children; and the cost would far exceed the two mills the Superintendent is asking for. She stated children are distracted by a poor environment, and if conditions are not right, they do not learn well.

Yvonne Hoyman, 844 Oak Park Drive, Melbourne, advised her husband and she believe their children deserve an education and will work for the school bond; it is important because renovation and new schools are needed by the year 2000 as 10,000 new children will be coming into the system; and requested they work together on the investment in the children and future.

Vista Boyland, 6222Hayyard Court, Rockledge, Environmental Consultant, advised she has been working on the need for facilities upgrades and renovations for two years; she has great concern about conditions of the schools after reading environmental reports; and with the help of the present administration, they have recognized environmental needs in the schools.

Martin Lamb, 2034 Adams Avenue, Melbourne, advised he is puzzled how his daughter could graduate from Eau Gallie High School and go on to college without an auditorium; and he attended elementary, junior high, and high school without air conditioning and went to Miami-Dade Community College and did well; so he is confused on why people are not absolutely furious if there are children in the schools lifting their feet to stay out of the water and toilets not working but auditoriums are being built. He stated the issue of build schools and not build jails is confusing; the most horrendous criminal in Florida was Theodore Bundy who was an extremely educated person; so education alone will not keep them out of prison. He stated it is the family's responsibility; that has been neglected as they relieve themselves of the responsibility and expect the schools to take over; and the people who cannot afford the new tax are the same people who cannot afford to be here today.

Agnes Gollhofer, 570 Sherwood Avenue, Satellite Beach, advised most important to her are her children and their education; she investigated the school system before coming here; and her glaring observations were the portable classrooms. She stated buildings are not being built to replace them, yet they were to be temporary solutions. She stated taxes go up every where; it is her obligation to support her children's culture and society and to properly educate them not only in books but in a proper environment; and this environment is disgraceful with mildew, and leaking roofs that are unacceptable. Ms. Gollhofer advised people protect their homes and should do no less for buildings and grounds; the conditions of schools are repulsive, deplorable, unsafe, and unhealthy; and she supports the bond issue and encourages the Board to support it also.

Chairman Higgs thanked the audience who took the time to share their opinions with the Board.

Commissioner Ellis advised he does not disagree with getting priorities straight and accountability; and compared the bond issue with County road projects, indicating the School Board should show a positive turn around with projects that come in on budget and on time and that the deplorable conditions will not happen again. He stated in this year's budget there is a nine million-dollar transfer from capital to operating; of the capital millage revenue of 26 million dollars, 17 million dollars is being transferred for operating expenses and debt service; and they had certificates of participation in the 1980's which is like a bond issue where money was made available and tied to debt service. Commissioner Ellis advised if they can pay $300 a month to lease portables, they can build classrooms; there are questions that need to be addressed by the School Board before going to referendum; past history shows nearly 50 million dollars have moved from capital to operating; the bond revenue cannot be moved because it is specifically for capital projects; but there is no guarantee that the capital millage will not go for operating. He stated he understands the schools are in bad shape, but until they address how they got into that shape they will not fix the problem for the future. He stated the Board should not take a position on the bond referendum because it cannot do that for its own referendums, such as the charter.

Commissioner Scarborough advised the Superintendent was going to provide him information on where the portables are and if they will be out of the portables; he disagrees with Commissioner Ellis, because if there is a problem, they still have to move forward; but if the Board is going to be involved, he needs more information about the portables, auditoriums, and adequately addressing growth patterns; so he would like to defer this item for more research on the subject.

Commissioner Cook stated he cannot support the referendum based on the information he has today; he has a number of serious questions that need answers before he can do that; there are great needs as outlined to the Board; but he cannot take a position of recommending the taxpayers support this.

Commissioner O'Brien stated his biggest concern is the County is bonded for over $350,000,000 now, and if it adds an additional $350,000,000, it will be racing towards one billion dollars of indebtedness for a county this size; there must be other plans; the Board discussed the one cent sales tax which would generate 30 million dollars a year without interest on indebtedness; and that may be a plan the School Board could look at. He noted the School Board never asked the Board to add school impact fees.

Chairman Higgs stated she is concerned about debt and what that does, yet she cannot think of anything she would rather go in debt for than children and schools; the School Board has not been perfect any more than the Board has or will be; but she cannot afford not to make this investment. She stated it will cost money, but it is an investment to make, and she will support the bond issue because the alternative is loss of the opportunity for children to have a good education.

Commissioner Cook advised bonding is a serious problem with governments in general; there is an enormous amount of money bonded out; and it is obligating future generations to pay that back, so there must be an alternative funding mechanism.

Commissioner Scarborough stated he does not have a problem with bonding because the average person would not buy a house if he had to save until he could buy his first house. He explained the problem with road projects is the costs are anticipated and by the time they get to construction the land acquisition and construction costs have increased. He stated sometimes the cost of borrowed indebtedness to buy and build today is cheaper; but his concern is being asked to endorse whether to go for bonding and whether the whole concept answers the questions. He stated the Superintendent indicated they are locked into the package; therefore, he would like to schedule the item for the second meeting in March.

Motion by Commissioner Scarborough, to schedule the discussion on the School Board's bond referendum for the second meeting in March, 1995. Motion died for lack of a second.

Commissioner Cook stated school maintenance is a problem and has been ongoing; there are needs to be met, but not by bonding out everything and committing future generations to decisions made today; and he cannot support shifting the burden to the taxpayers with the information he has now. Commissioner Scarborough stated that is why it is dangerous to endorse the project without knowing it is locking into certain improvements, as there may be something else that should be improved.

Commissioner Ellis expressed concerns about cost overruns, projects not being completed, and transfers from capital to operating.

Chairman Higgs asked Dr. Sawyer to clarify the status of the projects, capital improvements, and budget transfers.

Superintendent Dave Sawyer advised the reason they are here is to inform the Board and foster improved communications with the County and municipalities as they address the school needs; and it has everything to do with quality. He stated the bond is part of a revenue package to address a $426,000,000 plan to solve problems in 39 existing schools and build five new schools and the revenue from the millage will total $426,000,000 to address the problems and have sufficient funds for cost overruns due to inflation over five years plus set aside 5% project reserve to guarantee the delivery of those projects at the end of the five-year term in the order approved and amounts budgeted. He stated the two mills levied for capital outlay generates revenue that goes into the investment for capital; it is legal and reasonable to invest those funds, pay maintenance costs associated with the schools, and pay existing capital indebtedness. Dr. Sawyer advised COP's are not bonds and do not have a revenue source to defend them; they pay for those out of the bond indebtedness; and they were used to renovate schools, and buy school buses and other equipment. He stated they could put the $26 million into the School Budget, but the operating budget would have to support the continuing expenses; the State refused to adequately fund the operating budgets; and that is why they had to transfer from maintenance operations. He stated they will do everything to guarantee a strong and secure future for all students and citizens; those in newly renovated schools have an advantage over the vast majority of students who are being forced to stay in inferior and sub-standard classrooms; it is time to fix that; and that is what this issue is all about. He read a quote from Socrates indicating investment in children because everything will be relinquished to them. Dr. Sawyer advised he is here to help the Board understand what they are trying to accomplish, and not to solicit its endorsement, but to better cooperate and coordinate resources for the benefit of all citizens.

Commissioner Cook stated he has no problem putting it on the agenda for another meeting to look at additional information; but right now he cannot support it because there has to be other options. He stated the quality of buildings does not translate into quality of education, and this is not about who is in favor of education and who is not.

Commissioner Ellis suggested increasing the millage levy to the ten mill cap to generate the amount of dollars being transferred from capital to operating each year; with Dr. Sawyer responding the School Board does not have authority to increase the millage; it comes from the state based on the Department of Education's budget; they set the millage based on the demand for local support of education programs; and the School Board has no authority to increase it without direction from the state. He stated last year the state gave them the opportunity to increase the local millage by 1/4 mill at their own option, and the Board declined to do that. Commissioner Ellis inquired why would the state not let them go to the ten mill cap; with Dr. Sawyer responding because it is for operating and not capital. Commissioner Ellis stated if they did not take capital and move it to operating, they could justify the operating increase; with Dr. Sawyer responding the capital funds are not for buildings specifically; they also support other aspects; and he is willing to work with Commissioner Ellis to revise their rules to do that. Discussion ensued about the legislative package between Dr. Sawyer and Commissioner Ellis.

Commissioner Scarborough stated the school system is a fundamental part of making the best county, but he has a problem endorsing a project list because it is saying they reviewed it and decided they were worthwhile projects; so if the Board is going to consider an endorsement, he would like to have additional time.

Motion by Commissioner Scarborough to reschedule the School Board bond issue for a month.

Commissioner Cook stated if there is no consensus and the Board is not going to take a position, there is no need to bring all the people back and go through the hearings again. Commissioner Scarborough stated he is after information and do not need another public hearing. Commissioner Cook stated the Board could decide to take no position today, and if a Commissioner wanted to bring it back, he or she could at a later date.

Chairman Higgs seconded the motion for discussion, to reschedule the issue for March 21, 1995.

Commissioner Ellis stated he will not support the motion and reiterated the Board not being able to endorse its own referendums, so it should not take a position on this referendum and let it move forward on its own merit.

Commissioner Cook agreed with Commissioner Ellis; stated the County Attorney said the Board cannot get involved in promoting its referendums; he does not see the Board changing; and if it is not going to take a position, it should state it today.

Chairman Higgs stated she reviewed opinions from a number of attorneys on the issue of supporting bond referendums and there is a divergence of opinions throughout the state; and there are different practices in other places. Commissioner Cook stated the Board can educate but cannot promote.

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

The meeting recessed for lunch at 12:33 p.m., and reconvened at 1:34 p.m.

DISCUSSION, RE: INDOOR AIR QUALITY AT GOVERNMENT CENTER

Management Services Director Mike Managan advised at the February 7, 1995 meeting, staff was directed to upgrade the occupant complaint process to modify protocol and procedures under which air quality data is taken and to accomplish proper maintenance on the facilities; but the issue remaining is direction to have CH2M Hill and staff analyze the indoor air quality improvement proposal made by Mr. Lou Rossi. He stated David Odom and George DuBose from CH2M Hill are present to respond to that; and Mr. Lou Rossi is here.

David Odom with CH2M Hill, introduced George DuBose, Mechanical Engineer with CH2M Hill who worked on the project; and advised they were asked to look at three elements in the alternative proposed by Mr. Rossi--(1) seal the plenum or return air wall spaces with anything that will seal it off to tighten up the building; (2) add a duct system to the outside for each air conditioning unit that will pick up approximately 20% fresh air which would be mixed with 80% return air; and (3) vent the air from the occupied space of the building through the bathrooms to the outside. He advised sealing the plenum will tighten up the building and facilitate the ability to pressurize it, but it will not allow decrease in initial or annual cost of make up air systems and not allow introduction of less pressure into the building. He stated what is driving equipment size and cost of installing make-up air systems is not building pressurization but building ventilation to add fresh air for occupants; and the rates are prescribed by OSHA and ASHRAE of 15 to 20 cfm per person. Mr. Odom advised (2), ducting outside air directly to return side of the heat pump units he suspects is to better control the air directly to those units; that is true and there is an advantage to that; it will allow increasing the volume of outside air to the building and introducing it through the air conditioning system so it is conditioned, and it is cheaper than a make-up air system; but the disadvantages outweigh the advantages. He stated the County would not be able to maintain the relative humidity readings it has now; McQuay, the manufacturer of the units, said any time the condition of the make up air is changed, unless something else significant is done to change the discharge air, the air leaving the unit will be higher in relative humidity and cause warmer temperatures and comfort problems. He stated from measurements taken during the summer, they know the buildings cannot tolerate any higher relative humidities than they have already; so indirect evidence is that any additional moisture introduced to those units will result in higher relative humidity in the buildings that cannot tolerate that without risking microbial problems. Mr. Odom stated the heat pump units are spaced throughout the buildings and control and condition zones; they are being used now to supply make-up air and have been used to supply fresh air in an uncontrolled fashion in the return air plenum; so outside air is coming into the plenum, being mixed in those units, and discharged. He stated it is the source of fresh air to the occupants in the building, but the problem is they only get fresh air introduced when the units are operating; they operate about 50% of the time; so that is the down side of using those units as make up units. He noted to deal with that, the County could continuously operate the fans, but it would not get dehumidification when it is not getting cooling; and that is one of the things they recommended very strongly that those units never be operated that way. He stated there are some significant risks in doing that and it does not address the issue of dehumidification and needing to increase the filtration in the building and ventilation, but it addresses pressurization.

Commissioner Ellis inquired if sealing the plenum would lower humidity by increasing pressurization. He stated the outside air is humid and is brought into the system now without having the building pressurized; so they could not look at #2 without looking at #1 as they go together. Mr. Odom stated that is right; but Facilities Management made changes which decreased exhaust rates and other things, and tweaked the system as far as it can be, so the system is not negative any more and the building is slightly positive. He stated if the County seals the outside of the building and the cracks and crevices infiltration that is part of the outside air coming into the building now, it will run the risk of impacting the amount of outside air, and the fresh air coming into the building would be less, so the volume of fresh air going to the occupants will be less; but the positive side is it will pick up better humidity control. Commissioner Ellis stated they are trying to make sure all the air that enters the building comes through a duct system and not through the pressure leaks; with Mr. Odom responding No. 2 does not work, they evaluated it and it does not address the needs. Commissioner Ellis inquired if it works in conjunction with No. 1; with Mr. Odom responding no, it only addresses pressurization, but does not add more air to the building, and if the amount of air is increased and ducted directly to the air conditioning units, the relative humidity will go up. Commissioner Ellis inquired if the air needs to be pre-conditioned before it goes to the units; with Mr. Odom responding the building needs a make-up air system, and that is what they recommend. He stated if the County is going to make changes to improve the air quality in the building, there are some debates whether it needs to make those changes and whether the conditions that are out here warrant spending half a million dollars to make those changes; but if it is going to try and improve indoor air quality and the air conditioning system in the building, there is only one way to meet the requirements which is increase filtration, better ventilation, better dehumidification and achieving pressurization which is a make-up air system; and McQuay said that unsolicited. He stated the reason is because the units were not intended to act as make-up air systems and they are going to run based on temperature control and not on CO2 measured levels or fresh air requirements. Commissioner Ellis inquired if the make-up air system is a front end for fresh air; with Mr. Odom responding yes, it will be tempered and dehumidified, and it will be designed around the fresh air requirements OSHA and ASHRAE recommend, not on temperature requirements of the building. He stated they agree with Mr. Rossi that it was an option to consider, but it only meets one requirement and that is pressurization. He stated the third item of venting air from the occupied space through the bathrooms to the outside is a good option and that is what is happening now.

Chairman Higgs inquired if Mr. Odom's recommendation remains the same; with Mr. Odom responding yes.

County Manager Tom Jenkins asked Mr. Muller to explain the potential problems with putting a barrier up; with Facilities Management Director Hugh Muller responding his concern is if they put a vapor barrier up, they could have hot humid air on one side and cold air on the other; they would have dew point where the hot humid air meets the vapor barrier and condense; and they will be introducing moisture to the inside of the walls. Mr. Odom stated that is a real concern and should be taken into account before trying to seal it off. He stated they could use something that will stop air but not moisture migration.

Commissioner Scarborough advised he has asked more questions about testing for microbial; he thought the original intent was to do testing along with mechanical changes so they could track it; and the original RFP was supposed to include that work. He stated people believe it would be prudent to do outdoor air testing and indoor air testing to see if there is a microbial problem before trying something else; a lot of changes were made and when the door is open the air blows out rather than in with positive air pressure; the humidity level is reduced; and all those things occurred, but now they are talking about spending half a million dollars. He stated this may be the last time to figure out whether there is microbial growth and where it is and to go after it because even as they do mechanical changes they can tract their changes in microbial growth to see whether or not it is affecting changes, and if not, then not spend any more money.

Mr. Muller advised his staff has been working with CH2M Hill and other certified industrial hygienist firms and received two quotes for doing sampling throughout the Government Center; the lowest one is from KDN which was recommended by CH2M Hill to collect up to 53 samples, 48 inside and 5 outside; they will work with CH2M Hill in determining the location so they can pick the best locations to find whatever is there; and they want to collect up to 9 samples from carpet, duct lining and filter systems. He noted the proposal is for $7,790; it is low of the two received; and they anticipate the samples could be collected in two days and results available three weeks thereafter. He noted there is another firm that has not given a proposal yet.

Commissioner Scarborough stated the Board talked about this and discussed the contract status with CH2M Hill; and inquired if it is proper to obtain quotes for the tests; with County Attorney Scott Knox responding the Board can quote for that. Commissioner Scarborough inquired if Mr. Odom has a problem with it; with Mr. Odom responding no, he does not have a problem if the County contracts with them directly.

Commissioner Cook inquired about how aggressive has staff been with maintenance and is there anything else they can do before doing the testing; with Mr. Muller responding they are doing everything now that was recommended; they put in better filters and tweaked the system; and if there are other suggestions that may improve things, he will be happy to do it. Commissioner Cook inquired about the heppa filters; with Mr. Muller responding they have not ordered the heppa filters for the vacuum cleaners, but have some they want to have certified for other use. He noted they discussed with the contract custodian about providing heppa vacuum cleaners; and Mr. Odom or Mr. DuBose may want to comment on the effect they may or may not have on air flow as opposed to what they already put in. Mr. DuBose advised the units in the building will not be able to take a heppa filtration; and it could not be added to the systems without deteriorating the amount of air flow across the coils and possibly burning out motors because there is too much resistance for the size units in the buildings.

Chairman Higgs advised the recommendation was for the vacuum cleaners; with Mr. DuBose responding it was for the janitorial service in an effort to decrease accumulation of pollutants that occur over time.

Discussion ensued on the heppa filter, vacuum cleaners, complaints from Natural Resources area, occupant complaint process and testing protocol as early warnings before microbial growth, CO2 levels not exceeding 800 parts per million, and maintenance.

Commissioner O'Brien stated if a design engineer designed the system for the building and was paid for the design which is faulty, what can the County do about it; with Mr. Jenkins responding when the building was designed it met specifications or standards that were in place in 1988; but the standards have changed significantly since then. Mr. Odom advised the design included the 1981 version of ASHRAE which changed in 1989, and that is what the County is under now.

Discussion continued on the standards that were 5 cfm per person in 1975 and 15 cfm per person in 1990, and CH2M Hill recommending 20 cfm per person because the likelihood of problems will be less with higher ventilation rates.

Commissioner Cook stated before testing, staff should do more operation and maintenance activities; with Mr. Odom responding the mechanical engineers do not know what else can be done that has not been done; they increased filtration, decreased exhaust, made it a nonsmoking building, made air flows in the correct directions, it does not transfer odors; and they addressed comfort issues. Commissioner Cook inquired what would be gained from testing; with Commissioner Scarborough responding it would find out whether it has to do anything. Commissioner Cook inquired if staff is still getting complaints, with Mr. Muller responding he has not received complaints on a repetitive basis, and described a cold scenario.

Chairman Higgs advised the relative humidity report and CO2 report shows the County is close to its limits on those items. Commissioner Scarborough stated it shows they are in parameters that are acceptable; when first tested it was over the limit and looked like they would have microbial problems; but now it looks okay. He recommended testing instead of spending more money on a system.

Lou Rossi, 460 Penguin Drive, Satellite Beach, inquired how many tons of air conditioning equipment they intend to put in the buildings to bring them up to the standard, and how many units will that consist of on each building; with Mr. DuBose responding the unit size will vary according to building size, but in general the tonnage will be from 180 to 300 tons. He stated all the air that goes through the make-up air unit is outside air, so when designing it for worse case conditions in Florida, it takes a fair amount of tonnage to address peak conditions; and that is why the units have that tonnage. Mr. Rossi stated that is a lot of tonnage. He stated Mr. Odom said CO2 was excessively high in the building and the reason is the make-up air is inadequate; there is no exhaust on the building, so whatever air comes in stays here; and that is why he recommended crossing over the walls and using the air that is in the building for exhausting through the bathrooms. He stated the air conditioning in the bathrooms is in excess of what it needs to be by Code to ventilate bathrooms; the Code is 2 cfm for one square foot of floor area; the air conditioning feeding the bathrooms is well in excess of that; so they are using more than they need but they are not getting the air from the building to do it. He stated the buildings need make-up air to meet standards; the buildings are not pressurized; the air conditioning units were supposed to be put on the roof and ducted down from the systems and not in the building; so what they are doing is bringing the air in the building and VAV box which is a proportional air control system that gives the exact amount of temperature in the air in each room through the system on the roof; and it was found to be very expensive so they opted to put the units in the buildings rather than do the proper design. Mr. Rossi mentioned the dew point, gave a scenario of costs over a 40-year period for one man, the balloon effect, not using the systems as air conditioning systems, but to pump the buildings up and secondarily air condition them, his idea to air condition first then use the air as a comfort factor not as an air pump, replacement period of ten to fifteen years, additional costs to maintain additional equipment, and putting the units on the roof. He stated they should stay off the roofs because the traffic will break the roofs down.

Commissioner Ellis inquired if the make-up air system has to be roof-mounted units; with Mr. DuBose responding in comparison to locating it on the ground or in the soffit or above the ceiling, the roof provides the best accessibility for maintenance which is an important observation; but there are other alternatives and locations where they could be installed foregoing aesthetics and accessibility. Commissioner Ellis questioned the design of the make-up units, and Mr. DuBose responded.

Commissioner O'Brien inquired how much will it cost; with Mr. Jenkins responding one unit is about $500,000 which is the amount of money available in the proceeds of the original financing. Commissioner O'Brien inquired if the Board will be spending money on a non-problem; with Chairman Higgs responding for less than $8,000 the Board can finally determine if there is microbial problems, and know definitely if there are any other factors that need to be evaluated before spending that kind of money. Commissioner Scarborough stated he personally would like to have the microbial testing done and results come back to the Board. Commissioner Ellis stated Mr. Odom spoke about the value of microbial testing and how it can be interpreted in many ways; and the other question he has is what is the estimated cost to seal the plenum; with Mr. DuBose responding they have not done a cost estimate on that alternative so he does not know. Commissioner Ellis requested an estimate on what it would cost to seal the plenum; with Mr. Muller responding he will do that within his resources.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct staff to return with the three estimates on the microbial testing, and obtain quotes on sealing the plenum. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING ROAD RIGHT-OF-WAY IN CITY ACRES, ADDITION NO. 1 - SCOTT AND VICKIE LUNDEN

Chairman Higgs called for the public hearing to consider a resolution vacating a road right-of-way in City Acres, Addition No. 1, as petitioned by Scott N. and Vickie B. Lunden.

There being no objections heard, motion was made by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution vacating road right-of-way in City Acres, Addition No. 1 as petitioned by Scott and Vickie Lunden. Motion carried and ordered unanimously.

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

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Georgia Metcalf.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Georgia Metcalf. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING COMPREHENSIVE PLAN AMENDMENT 1994B

Chairman Higgs advised the public hearing on an ordinance adopting the Comprehensive Plan Amendment 1994B was continued from February 14, 1995.

Motion by Commissioner O'Brien, to adopt Ordinance adopting the Comprehensive Plan Amendment 1994B.

Commissioner Scarborough inquired if the Board can adopt the Amendment with one motion; with County Attorney Scott Knox responding yes. Commissioner Scarborough seconded the motion.

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

Planner II Todd Peetz advised there was one change staff wanted to make to 94B.10.A to eliminate that from the Amendment as well as change the Future Land Use Element, and consider options for the Traffic Circulation Element because he is not sure which option the Board wants to go with.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to eliminate 94B.10.A from the Amendment. Motion carried and ordered unanimously.

Mr. Peetz recommended amending the language in the Future Land Use Element to comply with the Objections, Recommendations, and Comments Report from Department of Community Affairs.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to amend the language in the Future Land Use Element to comply with the ORC Report from DCA. Motion carried and ordered unanimously.

Mr. Peetz advised staff provided three options for the Traffic Circulation Element; Option 1 was to amend the Element Criteria A and G in order to allow staff to waive sidewalks for all developments where there is no foreseeable or current need for sidewalks; Option 2 is to send it to the Building Advisory Committee, and Option 3 is review it as presented.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to send the Traffic Circulation Element proposed amendment to the Building Advisory Committee. Commissioner Cook stated he is for just changing it.

Commissioner Ellis stated the previous recommendation had to do with things other than industrial; and the Board has already decided on industrial and not having payments in lieu of construction of sidewalks in industrial park areas.

Engineering Director Susan Hann advised there was a Comprehensive Plan amendment already on the docket; that is Criterion H which says in industrial areas; and staff stated they could go beyond what the Board previously directed in that amendment cycle if it desired, but it recommended sending it back to the Bicycle Pedestrian Advisory Committee and Building and Construction Advisory Committee on the issue other than industrial.

Chairman Higgs inquired if the motion that passed included the entire Element and Criterion H for industrial areas, and if it does nothing that motion will stand; with Mr. Peetz responding that is correct.

Commissioner Scarborough recommended the amendment including industrial areas be reviewed by the Advisory Committees and thought out in a comprehensive manner.

Chairman Higgs recommended the language simply say the administrative decision may be appealed to the Board of County Commissioners so either way the decision goes it can be appealed. Commissioner Ellis stated it has already been through staff and all the advisory committees and the Board has an opinion from the County Attorney that legally if there is no current or future need for sidewalks, it cannot require payment in lieu of construction or require sidewalks; so why would the Board want to send it back through the committees again.

Chairman Higgs passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to amend Criterion H to read "The administrative decision may be appealed to the Board of County Commissioners," in lieu of the final sentence which reads, "If the waiver is not granted, the applicant may appeal the decision to the County Commission."

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

Chairman Higgs inquired if there is a motion on the table to send it back to the Construction Advisory Committee; with Commissioner Ellis responding no. Mr. Knox stated the motion was made, but it was removed when the Board started discussing it. Chairman Higgs stated unless someone wants to make another motion, the Board will consider the Traffic Element closed. Chairman Higgs inquired if there is anything else the Board needs to do; with Mr. Peetz responding it may want to adopt the ordinance as amended.

Commissioner Cook inquired what will be accomplished with the realignment of Stadium Parkway; with Mr. Peetz responding it will fix the Future Land Use Map; the proposed road is completely out of line with the way it was actually constructed; and it will put the road in as it was actually constructed.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled The 1988 Comprehensive Plan, setting forth Plan Amendment 94B; amending Section 62-501 entitled Contents of the Plan; specifically amending Future Land Use Map Series, Future Land Use Element, Traffic Circulation Element, Conservation Element; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date, as amended. Motion carried and ordered; Commissioner Ellis voted nay.

Mr. Peetz read the final motion into the record and recommended approval.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to transmit as adopted Comprehensive Plan Amendment 1994B to the Florida Department of Community Affairs as discussed, based upon thorough review of supporting data analysis, careful consideration of the recommendations of staff, citizen resource groups, and Local Planning Agency, and written or oral public comments received specifically on Comprehensive Plan Amendment 1994B, as approved for adoption and includes Future Land Use Map Series 94B.1, 94B.2, 94B.3, 94B.4, 94B.5, 94B.6, 94B.8, 94B.9, 94B.10 as amended, 94B.11, Future Land Use Element as amended, Traffic Circulation Element, as amended, Conservation Element, and provisions that require amendments to maintain internal consistencies with the amendments. Motion carried and ordered; Commissioner Ellis voted nay.

PUBLIC HEARING, RE: ORDINANCE IMPLEMENTING ECONOMIC DEVELOPMENT AD VALOREM TAX ABATEMENT PROGRAM

Chairman Higgs called for the public hearing to consider an ordinance implementing the Economic Development Ad Valorem Tax Abatement Program.

Chairman Higgs inquired if ad valorem tax, as used in the context of the referendum, always includes tangible personal property; with County Attorney Scott Knox responding yes.

Commissioner O'Brien advised Exhibit A, page 18, looks at capital investment of $50,000 to $100,000 as 1 point, and the low wage category is also 1 point, giving them two points which could equal a 50% exemption; so if a firm is coming in and investing $51,000 only, it could get two points and 50% exemption. Chairman Higgs stated there should be an amendment to that; with Commissioner O'Brien responding page 19 shows $250,000 as one point and below average as one point; and inquired if that is the amended exhibit.

Economic Development Commission Executive Director Lynda Weatherman advised there has not been significant changes on that; the kinds of companies can be existing and small companies and the savings will be significant to them for future expansion; and they may not be driven by high wages as a start-up company. She stated they looked all over the state and there is nothing as specific as the guideline categories they submitted; the reason they put it together was to show due diligence on the part of the Economic Development Commission (EDC) to look at the return on investment; and that is the spirit in which it was presented to the people and the spirit they want to make sure they are looking at. She suggested going with the ordinance as is, and if those concerns come about, the Board may want to voice them at the end. She stated they tried those numbers with random sampling of small companies, and tried to balance both the interest of the existing business that tends to be a little different than a company coming in. She stated if the Board wants to change the threshold numbers, it can be done.

Commissioner O'Brien advised the public intent was not to bring in $5.00 an hour jobs; his objective is to protect the public intent on relief of ad valorem taxes for the purpose of economic development; and that intent is very important. He stated they want real jobs that pay $25,000 to $35,000 a year. Ms. Weatherman stated that is why there is more detailed analysis than any where in the state; they looked at multiplier figures and those guidelines.

Commissioner Ellis advised page 2, Section 3, second paragraph says, "Intent of the Board is to promote the economy by creating jobs in Brevard County in such a way so as not to disadvantage existing businesses." He stated any time there is an exemption for someone in a similar business, they can say it is disadvantaging their business, so he does not understand why that paragraph is in there. Commissioner O'Brien stated the intent of the Board is to promote the economy by creating jobs in Brevard County but not to disadvantage existing businesses; the Board is recognizing competition exists in economic growth; and the statement is a reminder to the Board that the intent is to promote the economy but not disadvantage existing businesses. Commissioner Ellis stated the two sentences are contradictory; competition by nature is a disadvantage to an existing business that does not have to compete now. Discussion continued regarding disadvantages, competition, and opening the Board up to challenge.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to delete the second and third paragraphs in Section 3.

The Board discussed ecological balance, scrub jay mitigation, and clearing of trees.

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

Commissioner Ellis questioned page 11, paragraph (d) which states, "Any existing business in violation of any federal, state or local law or regulation governing environmental matters may not be eligible for an exemption"; and inquired if background checks will be conducted.

Chairman Higgs advised she supports the language; the Board needs to be able to evaluate if a business is in frequent violation or if there are horrendous violations of state or local laws as part of their record; and the public would not want to grant an exemption to frequent violators.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to delete the language in paragraph (d) on page 11. Motion did not carry; Commissioners Cook and Ellis voted aye; Commissioners Scarborough, O'Brien, and Higgs voted nay.

Commissioner Ellis advised page 13, paragraph (g), says the community redevelopment agency may strike the exemption unless the Board agrees to pay the difference; and if it gets a resolution from such agency, it shall not grant an exemption unless a feasible funding alternative is agreed upon. He stated it indicates the community redevelopment agency is in charge; and inquired why is the paragraph necessary.

Commissioner O'Brien advised if the redevelopment agency is the one doing the economic development work and bringing in a company, they take the increased taxes they create and use it again for further redevelopment; and if the Board starts cutting their source of funding, they cannot do more things; so it is important.

Commissioner Cook stated they can pass a resolution and bring it to the Board any time, so this is unnecessary; the granting of the exemption is left to the Board; and it should not tie its hands by having their approval to do it. Commissioner O'Brien recommended changing "shall" to "may" and let them come to the Board.

Chairman Higgs recommended adding "should the Board receive an objection to the exemption, the Board may consider that in its approval of the abatement." She stated that would mean the Board can consider that as one of the criteria. Commissioner Scarborough stated it should be an objection from anyone not just redevelopment agencies.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to amend (g), page 13, to read, "Therefore, should the Board receive an objection to the exemption, the Board may consider such objection in its deliberation." Motion carried and ordered unanimously.

Chairman Higgs expressed concern about the sales factor and Ms. Weatherman responded it is statute driven. Discussion ensued on gauging sales, where sales actually occur, markets in and out of state, and the intent of the statute.

Commissioner O'Brien advised page 9, paragraph 5, talks about new or expansion of existing businesses and anticipated number of employees; and recommended requesting the number of employees who have resided in Brevard County for a period of two years or more and put weight on that in the point system because the intent was to keep residents working. Ms. Weatherman stated that could be a qualifier to acknowledge. Commissioner O'Brien stated that will lower the cost to operate government because people out of work demand a lot of social services; so companies should be given ad valorem tax breaks for hiring Brevard County residents.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to add to paragraph 5 on page 9 between (a) and (j) a sentence on the anticipated Brevard County residents who have resided in the County for two years or more will be employed by a company, and to add it to the scale on page 19.

Commissioner Scarborough recommended using the percentage of Brevard County residents rather than the number; with Commissioner O'Brien agreeing it should be the percentage of employees who reside in Brevard County for more than two years.

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

Chairman Higgs inquired about multiple-year expansions where a company with eight employees increases by 100% each year for ten years, would it qualify for exemption; with Ms. Weatherman responding no, they have to start with 25 employees the first year according to the state law.

Discussion ensued on fairness, statute requirements, addressing time periods, and interpretation of the statutes.

Mr. Knox advised there is no way to change the definition of the criteria if that is statute driven, but the Board may interpret it differently than someone else.

Commissioner Cook recommended the County Attorney provide the Board a written opinion on that and Ms. Weatherman needs to know whether the Board will consider a multi-year period which is his preference. Mr. Knox advised he read the whole item and it covers those situations because they have to maintain that expansion over a period of time. He stated if they set exemption for five years they have to maintain the expansion for five years; and once they reach the threshold, they have to keep the employees there and cannot go down; so if someone keeps adding, there is nothing that says the Board cannot add those employees in different years to qualify. Commissioner Cook stated if there is a consensus on the Board, Ms. Weatherman needs to know that. Ms. Weatherman stated she works closely with Mr. Knox's office.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance establishing an exemption from certain ad valorem taxation for certain new and expanding business properties to encourage economic development in the County; providing for title; providing for enactment authority; providing for intent and declaration; providing for definition of terms; providing for an application; providing for application consideration; providing for application fee; providing for revocation of exemption/recovery of funds; providing for appeals; providing for applicability; providing for inclusion in the Code of Laws and Ordinances; providing for severability; providing for repeal of laws in conflict; and providing an effective date as amended. Motion carried and ordered unanimously.

The meeting recessed at 3:08 p.m. and reconvened at 3:21 p.m.

STAFF REPORT, RE: AMENDING PROVISIONS LIMITING TENT SALES

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to accept the proposed language of four events per year within the update of the special events ordinance. Motion carried and ordered unanimously.

Commissioner Ellis inquired if it could be advertised with other LDR's for less fiscal impact; with Planning and Zoning Director Peggy Busacca responding yes.

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

APPROVAL, RE: COMMUNITY-BASED ORGANIZATIONS PROCESS AND REQUIREMENTS FOR FUNDING PHASES I AND II

Chairman Higgs recommended a sliding scale with minimum 25% in-kind match based on the amount of in-kind provided, with greater match getting more points in evaluating proposals. She stated if they match 25% they do not get 10 points, but if they match 50% they may get 10 points.

County Manager Tom Jenkins inquired what would 25% match get; with Chairman Higgs responding 5 would be the average and incorporated from there.

Chairman Higgs inquired if there were objections to the sliding scale, and heard none.

Commissioner Ellis inquired if the table of categories, amount funded, and total with ranking reflects what is currently done; with Human Services Director Bernice Jackson responding yes. Commissioner Ellis stated so the Board is not locked into that; with Ms. Jackson responding no, those are the categories currently funded, with the amounts and assessment as to the various social indicators and needs assessments as far as priorities are concerned.

Chairman Higgs advised if "following the evaluation the organizations with the highest rankings in each category will be recommended to the Board" means only one per category could be funded of those ten categories; with Ms. Jackson responding no, it refers to the three organization categories above that paragraph. Chairman Higgs stated under #7, supplemental requirements for applicant organizations, #4 requires an audit which she assumes is a CPA audit of the last six months. Ms. Jackson stated they have looked at streamlining the requirements on page 4; those are streamlined to fit with the standard items that are requested currently by the County for submission of proposals; and they are looking at page 7 that may be required upon the recommendation of an award. Chairman Higgs recommended staff ensure that is the way they want to do that and the listing of minutes for the last three Board meetings may not tell a lot in evaluating.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve the community-based organizations process and requirements for funding phases I and II, amended to provide for a sliding scale on matching percentage and points. Motion carried and ordered unanimously.

STAFF REPORT, RE: VANPOOL SERVICES AS A FORM OF PUBLIC TRANSPORTATION

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to table discussion on vanpool services as a form of public transportation until March 14, 1995, and direct staff to provide a listing of where the vans are, who uses them, for what purposes, and how many people they serve. Motion carried and ordered unanimously.

RELEASE/SATISFACTION OF LIEN, RE: REMOVAL OF CODE ENFORCEMENT LIEN ON 3751 HUNTINGTON AVENUE, SCOTTSMOOR

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to remove Code Enforcement lien on 3751 Huntington Avenue in Scottsmoor; and execute Release/Satisfaction of Lien with Edward W. Rost, Jr., as he paid the reduced fine in full.

County Attorney Scott Knox advised this is unique in the sense that staff is asking for ratification of the Code Enforcement Board action; but once the fine is paid, under normal circumstances the Board does not need to have the release come back; and as a standard policy, if the Board agrees to release all paid off fines, staff can do that administratively.

The Board discussed the inconsistency in Code Enforcement fines, Commissioner Ellis cited Mr. Flack's case where the fine was imposed retroactively at $500 a day for having cars on his property, and this case at $25 a day from the day it started for having auto parts, junk, trash, furniture, building supplies, and vehicles on the property.

Commissioner O'Brien advised the Code Enforcement Board acts in a quasi-judicial manner and hear all the evidence and facts and base the fine on the finding of facts; however, this Board hears only one side; and recommended any further appeals of the Code Enforcement Board actions go to a judge instead of the Board.

Commissioner Scarborough advised that is how it occurred until the Florida Statutes were changed and gave the Board the authority to release liens and not the Code Board. He recommended the Board consider these appeals based on the recommendations of the Code Board whether to release the lien or not, then it can be put on the Consent Agenda.

Commissioner Cook advised legally they have a right to come to the Board and argue their case. Commissioner O'Brien suggested a policy that says if an appeal of the fine is filed, then the Code Board and its attorney will hold the trial in front of this Board.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to return with options regarding an overall policy on release of Code Enforcement Board liens. Motion carried and ordered unanimously. STAFF REPORT AND DIRECTION, RE: EAST COAST PAPER STOCK ROLL-OFF SERVICE FOR CONSTRUCTION/DEMOLITION MATERIAL

Bruce Fletcher, 1950 Flashy Lane, Malabar, representing Fletcher's Hauling, advised they have been providing construction site cleanup and debris removal service for ten years with various equipment; they can use trucks and trailers, but roll-offs are limited due to exclusive agreement with Harris and Western Waste; and recommended the Board allow for competition and amend Chapter 94 to remove the requirement for a collection agreement. He stated giving exclusive rights to Western Waste and Harris Sanitation is unfair and wrong; government guaranteeing big companies stay big and small companies not have the opportunity for the same potential, and income and profit for big companies, provides no motivation to improve the service; and requested the right to compete. He mentioned the letter to Mr. Rabon from Mr. Jurgel of Harris Sanitation which stated the potential for loss performance from less qualified haulers in terms of experience, equipment, public health and safety; and stated they all have to adhere to the same DOT requirements; and if equipment and performance do not meet standards, customers have the ability to change the service; and that is what free enterprise is all about--the ability to compete and the customer having a choice.

Brian Filiberto, owner of Filiberto & Son Dumpster Service, advised the County Ordinance allows anyone to haul construction debris to the landfill provided they do not use roll-off containers; and inquired what is the difference in hauling debris in anything other than roll-off containers. He stated 1,100 contractors have one choice for roll-off containers, and presented photos illustrating the dilemma of restricting roll-off service. He stated government should not interfere with the private sector by telling contractors who must remove their trash; Broward, Dade, Marion, Alachua and Duval Counties have franchises for residential and commercial trash and leave construction roll-off service open to competition; and their residents do not pay a higher cost for garbage collection. He stated the loss of revenue from disposing outside of Brevard County is ludicrous; Brevard County has lower disposal rates than most counties; 7% of revenue derived from roll-off will not dramatically impact the two largest companies in America that are hauling trash; but it eliminates competition with no benefit to citizens and contractors. Mr. Filiberto stated the two companies were convicted of antitrust violations; contractors are denied access to less expensive roll-off service because the Ordinance is obsolete; Melbourne and Cocoa Beach do not have restrictions and citizens and contractors benefit from lower rates; and the Board should stop regulating private sector hauling and open it up to competition.

J. P. McMenamy, 5035 Nova Road, Rockledge, General Manager of East Coast Disposal, a Division of East Coast Paper Stock Recycling Center, advised they have been granted a hearing in April to provide roll-off service for construction sites to collect construction and demolition debris; and the last time the Board denied his due process and would not give him a hearing. He stated the County has exclusive agreements with Western Waste Industries and Waste Management (aka Harris Sanitation) to provide collection of residential and commercial trash, and defined the type of service and locations. He stated the Ordinance prohibits him from using his $80,000 roll-off truck to collect construction debris; letters to Mr. Rabon stated it would take 50% of their business and they would have to raise residential rates to make up the difference; and inquired (1) are they using monopoly powers in the residential and commercial markets for non-exclusive roll-off market; (2) what happens if Western Waste begins to take over the roll-off market in the County since it is non-exclusive, will Waste Management get to raise its residential rates, and vice versa; (3) are prices being held at artificially high rates by the Ordinance and territories divided because only two waste haulers can provide the service; (4) why is the largest waste hauling company in the world afraid of a small independent family-owned company with Western Waste Industries having annual sales of over $257,000,000 and Waste Management of 4.7 billion dollars; and how long has it been since the contract went to bid. Mr. McMenamy described past records of convictions of violations of the Antitrust Act with judgments of $500,000 against Waste Management, $1,000,000 against Western Waste, and 19.5 million dollars against Waste Management; and stated if the companies can afford to pay those fines, they can afford the competition. He stated he has not been able to find the Sworn Statement on Public Entity Crimes required by Section 3.A, Florida Statutes for Western Waste and Waste Management; the agreements and ordinance provides for open competition on roll-off service; and if they did not want it in there, they should not have signed the agreements.

Peter Jurgel, 462 Jupiter Boulevard, Palm Bay, General Manager of Harris Sanitation, advised of the community services provided by his company such as school bus for orphanage, train trucks for zoo, and other donated services, indicating he is not a greedy man. He advised in 1989 with curbside recycling, the contract was modified and rates for roll-off service regulated; in 1992, they negotiated and was again awarded a five-year contract with the oncoming of yard waste; and Harris put out $1,000,000 to go along with the mandate from the state to separate yard waste. He stated there was wording that gave the Board authority to issue roll-off franchises to qualified haulers if it wanted to; several asked but all have been denied, including East Coast; and the reason they were denied is because there would have been a cost to the residential customers and commercial businesses. He stated the contract was put together on the profit the company makes; if they make too much money, the County can take the money away; and to remove any part of the contract would burden the remaining service base with a larger share of the fixed costs. Mr. Jurgel mentioned economies of scale, facts and figures on CPI increase, residential and commercial garbage rates increasing 4.4% and 6.5% in 13 years, independent financial audit, and price controls in the contract. He stated there are five individuals who want to go into business and want everyone to pay for them to do that; their contract was put together on several different items, and not there is talk about changing it; and if the County allows other haulers to come in which is its option, it should make things equal and require insurance, CDL qualified drivers, trained and drug-tested before hire, and if an accident occurs, drug tested again. He stated those are important issues; their vehicles are DOT certified; and there are horror stories regarding cutting costs on maintenance and killing people. He stated he has 203 employees for tow counties; they have benefit package and medical plan, 401k, pension plan, etc. and that is part of the quality of life. Mr. Jurgel advised the biggest cost for roll-off service is the disposal charge from the County; as part of their contract, they cleaned up Barefoot Bay seven days a week and $80,000 worth of roll-off containers to comply with their contract; and now there is talk about taking that part away and giving them excess number of containers to sit and depreciate while not making revenue.

Mark Wagner, 870 Hawksbill Island Drive, Satellite Beach, owner of Miami Subs, advised of problems during construction phase of his Melbourne store off I-95, quotes from East Coast Paper which was not aware of the agreement with Harris Sanitation, and removal of the container and Harris' dumpster being put in caused delays of his project which cost several thousand dollars. He stated it is not just a cost to individuals but to businesses also. He stated a company gets too big when it says it will pick up when it wants to and move the container when it wants to even though he had trucks coming in with concrete for the foundation of his building; the company is large and lethargic and does no good for the County and business interests; the County needs economic development; and to keep growing it must have competition. He stated if McDonalds, Burger King, and other stores are built around his shop, it will be good, because if he is the best player, he will win.

Chairman Higgs advised the item is to authorize advertising a public hearing on April 4 for the application of East Coast Disposal; and inquired if that is true; with Solid Waste Management Director Richard Rabon responding that is one issue, Commissioner Ellis brought up the Ordinance, and staff provided a report on alternatives for the Ordinance. Chairman Higgs inquired if the Board has to authorize advertising the public hearing; with County Manager Tom Jenkins responding he thinks it has done that.

Commissioner Ellis recommended Alternative B, Amend Chapter 94 of the Brevard County Code, to remove the requirement for a collection agreement for collection of solid waste on unimproved property. He stated government franchises foster monopoly; the County should not be involved in setting franchises; and if Harris and Western Waste have the best products, they will beat the other companies, but if smaller firms can do the job, they will prevail. Commissioner O'Brien recommended Alternative C, Amend Chapter 94 to require that all persons providing roll-off box service to construction and demolition sites apply for and obtain a permit from the County, so that the County can review insurance requirements, and operational standards. Commissioner Scarborough agreed with Alternative C unless staff can show the requirements are not needed.

The Board discussed requirements on condition of vehicles, unimproved property, roll-off boxes not subject to franchises, if the County gets out of the business it will not have liability, permits issued by staff, safety standards, opening up the process with reasonable requirements, no action allowing anyone to petition to provide the service, exclusive and non-exclusive services, the current contracts, administrative function rather than Board function, setting up a monopoly, business expectations for investments, dealing with business fairly, the need for exclusive contracts to provide service to areas that would otherwise not be served, and profitable and nonprofitable markets.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Alternative C, amend Chapter 94, Brevard County Code, to require that all persons providing roll-off box service to construction and demolition sites apply for and obtain a permit from the County, and return to the Board with the proposed language. Motion carried and ordered unanimously.

RECOMMENDATIONS OF SURFACE WATER IMPROVEMENT ADVISORY BOARD, RE: POLICY AND CRITERIA FOR SURFACE WATER IMPROVEMENT PROJECT SELECTION

Commissioner Cook advised this policy and criteria say water quantity problems will only be funded by the stormwater utility fee if it is in conjunction with water quality improvements; there may be situations where the Board may want to address water quantity because there are serious drainage problems; and it should not tie its hands to do that.

Surface Water Improvement Director Ron Jones advised the Advisory Board has worked on this in excess of a year; the idea is if there are two projects with the same water quality benefits and equivalent costs, if there is another benefit such as water quantity, that project would be brought higher on the scale. He stated if it has multipurpose benefit, it would bring it forth as a better project to implement; and the projects that would be precluded would strictly be flood control.

Commissioner Cook stated No. 7, "Flood control projects that require minimal or no water quality benefits shall not be funded by stormwater", leaves a broad standard; and inquired at what point would they say it is not adequate or it is minimal.

Commissioner Ellis advised he does not support the changes with the revenue; the fee should be reduced to $18 for water quality, and the nine-cent gas tax replace the other half for water quantity projects. He recommended removing the District lines and go to the worst point source of pollution no matter what District it is in; and he cannot support the changes unless the fee is split.

Commissioner Scarborough advised the problem is houses being flooded and owners cannot appreciate the Indian River Lagoon being polluted; and recommended keeping water out of homes and provide for flood control problems as a factor with 15 points. He inquired what is public support and education; with Mr. Jones responding the Comprehensive Plan requires publication programs to address surface water issues, and the primary issue is not education but involvement.

John Riposa, 3585 Misty Oak Drive, Melbourne, member of the Surface Water Improvement Advisory Board, advised the water quality v. water quantity issue was discussed, and the consensus was the original intent is to address pollution problems not exclusive of flooding; they felt there were so many flooding problems that all the money would be used for drainage for five to ten years; and that is why the emphasis and policy statement is not to address only flooding problems that do not have water quality aspect to it.

Commissioner O'Brien advised the stormwater utility tax was for pollution protection and to clean up the rivers so the fish will come back; if flood relief is part of that, it is okay, but the project selection policy is well laid out and he does not want to see the Board change the real intent of the stormwater fee. He reiterated the ultimate purpose was to clean up the rivers and not for flood control.

Chairman Higgs advised there is a balance in the criteria set out by the Board; they provide the opportunity for quality and quantity projects being worked together and additional credit for projects being selected; and she supports the criteria.

Commissioner Cook indicated the general public had a different perspective and did not understand because the title stormwater gave them a different perception; and if it is only for water quality, then the fee should be cut in half because there are significant drainage problems not to apply some of the enormous revenue toward those problems.

The Board discussed the issues of water quality and quantity, the intent of Ordinance No. 91-20, the $36.00 fee being the same adopted by other counties throughout the state and the United States, the program does not bond the fees, the challenge from 1000 Friends of Florida regarding water quality components within the Surface Water Element of the Comprehensive Plan, and a stormwater workshop to focus on all the issues.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to delete Items 5 and 8 on the Project Prioritization Matrix, add "Does the project provide for flooding relief?" with 15 points, and revise Item 6 to read, "In addition to water quality improvements, is there the opportunity for a joint project with other agencies?" Motion carried and ordered unanimously.

Commissioner Cook recommended deleting Item 7, Flood control projects which provide minimal or no water quality benefit shall not be funded by the stormwater utility revenues, as there may be problems identifying flooding as improving water quality and they would be excluded. He reiterated people want help with flooding problems and did not have an idea it would be used for improvement to the river. Commissioner Scarborough recommended changing it to say, "Flood control projects should also provide for water quality benefits." Commissioner Cook did not object to that wording.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to change Item 7 to read "Flood Control projects will be designed in a manner that will optimize the benefits of water quality."

Commissioner Ellis stated he will not support the motion because quality and quantity are contradictory; quantity is trying to get water off the property and quality is holding water back.

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

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Policy and Criteria for Surface Water Improvement Project Selection as amended. Motion carried and ordered; Commissioner Ellis voted nay.

Commissioner Ellis stated he does not support it unless they split it out for quality and quantity. Commissioner Cook recommended he put it on the agenda. Commissioner Higgs stated she and Commissioner O'Brien would not support it.

Assistant County Manager for Environmental Services Stephen Peffer advised the question was referred to the Advisory Board to provide consistent policy for dealing with those issues; the Advisory Board spent many hours to produce the results; and on behalf of staff, he would like to thank them. Chairman Higgs also thanked the Advisory Board on behalf of the Board of County Commissioners.

Commissioner Ellis stated Option 1 says tropical birds are exempt; he likes the idea of exempting tropical birds; but that was not what happened at the last meeting when they were not classified as farm animals. County Attorney Scott Knox advised the Zoning Official's opinion is they constitute farm animals; if that is the case, the Board does not have to change it for AU; but if it wants to extend it to other classifications, it would require an amendment.

Motion by Commissioner Ellis, to clarify that tropical and/or exotic birds are considered farm animals. Motion died for lack of a second.

Assistant County Attorney Christine Varley advised she consulted the Zoning Official before preparing the options and in his opinion, tropical birds are considered farm animals for the purposes of the current exemption, and it not only applies for AU zoning for farm animal noise, because farm animals are allowed as permitted activity in AGR and PA zoning as well as AU zoning.

Commissioner Ellis stated that is true, but tropical birds were not considered farm animals; that is why there was an option to include it in "operation of farm equipment, machinery, or noise from farm animals including tropical birds;" and that was stricken.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to approve Option 1 that no amendment is required as tropical birds are exempt from the Noise Ordinance in AU zoning classification only as farm animal noise.

Commissioner Scarborough stated the Board had extensive discussion on this and it led to exotic birds not being farm animals; and that is different from the Zoning Official's interpretation.

Assistant County Manager for Community Development Dean Sprague advised under Section 221-08 of the Ordinance, it talks about what is a pet and what is not; it includes the ability for a private residence to have one fowl of which a tropical bird could be considered; and anything over that would fall out of that definition and into the farm animal definition by default; and that is why they interpreted it as such.

Discussion ensued at length about whether the exotic or tropical birds are exempt from the noise ordinance or not, the requirement for public notice by advertising a public hearing to amend the ordinance, extending the exemption for farm-related noise to AGR and PA, geese, horses, complaints from people who live in AU about noise from animals, and the need to clarify the issues.

Commissioner O'Brien withdrew the motion, and Commissioner Ellis withdrew the second.

Don Narmore, 680 Nevada Street, Melbourne, stated he has been through this before and thought it was done but now it is up again; he was raised on a farm and never had anything that made a noise like those birds; he brought a tape to show the Board how loud they were; and if the Ordinance is changed, he will bring the birds back. He noted the birds are gone now but the cages are there; and requested the Board not change the Ordinance.

Commissioner Ellis advised Mr. Narmore's neighbor had to give up his birds because he did not have a license to operate a business in that location, so he was on his way out because he was not on agriculture property.

Chairman Higgs advised Don Dahlstrom had to leave to attend to his business; however, he wants to enter his support for the bird breeders and allow the exemption as requested.

Troy Greenburg, 5320 Shadwell Avenue, Cocoa, Chairman of Florida Federation of Avian Societies, advised he checked with Brevard County before purchasing his property; he can raise livestock and pursue farming interests on the land; they are exotic birds and not tropical birds because they are not indigenous to Florida; and geese make more noise than all his birds, but his neighbor can put as many geese on his property as he wants to. He stated if he has a parakeet someone takes exception to, he would have to move to keep the parakeet; and that is constitutionally wrong. He advised birds are difficult to breed; he has had some for over seven years and if he picks up and moves the operation, it will cost him several thousand dollars and a loss of a very long time which is not easily recoverable. He advised of USDA defining emus and ostriches as traditional farm animals which were not considered five years ago; stated he invested thousands of dollars for the birds; and he would like to know he can keep them on his property.

David Mannes, 3695 Hield Road, West Melbourne, explained that the man mentioned by Mr. Narmore started with a pet, and since then, he has left the area and bought property in Osceola County in an agricultural zone. He stated he was in the zoo business and retired to breed exotic birds; met with County staff and inquired where he could do that and was advised in AU zoned property; so they bought 4.5 acres on Hield Road and set up their breeding complex. He stated the adjoining property became available and he bought it to protect his investment of over $100,000 so that someone would not move in and complain about the noise. He stated the birds are his livelihood and he went through the proper procedures before starting; and requested the Board approve bird reproduction in AU, AGR and PA zone classifications.

Rick DeRosa, 2410 Washington Street, West Melbourne, owner of Pet Safari in Palm Bay, stated exotic bird breeding on AU property should be exempt from the noise Ordinance; Brevard County has 48 pet stores and only 3 are not owned and operated by residents; they have employees who are residents and serve customers who are residents; and they generate $200,000 a year in gross revenue at their store. He stated with out-of-state merchandisers like Wal-mart chipping away at their livelihood, exotic birds which are not sold by them could be what saves the pet retailers, jobs, and revenues filtering into the County. He advised 78% of the pet stores sell exotic birds and 98% come from bird breeders in the County; with top quality birds available in the County, pet stores are able to bypass air freight or time consuming trips to other areas which enables them to sell at excellent prices; and Florida is the No. 1 producer of captive bred, hand fed baby exotic birds, and ranked in the top ten with $116,000,000 being generated on birds and bird supply sales. Mr. DeRosa advised Brevard County is the best place to buy an exotic bird; they are not permitted to be imported any more; and the breeders are the foundation of that market right now. He stated the statistics came from Pet Supply Marketing which is a retail magazine sent to them quarterly.

Roy Johnston, 4605 Seville Avenue, Cocoa, stated he does not know anyone who raises birds on a large scale who would advocate doing it in a residential area; the confusion came because someone was raising birds in an area not zoned for it; and that was brought to the Board, so the bird breeders became bad guys. He stated they support an amendment to the noise Ordinance which would exempt exotic birds being bred on agricultural property. Mr. Johnston advised of his wife Linda starting True Companion Aviary five years ago as a means of support, and through hard work and perseverance, she may reach her goal; they researched all the rules and regulations on licensing, etc. and she was told she could have her business only in AU zoning classification.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to advertise a public hearing on the amendment to the Noise Ordinance.

County Attorney Scott Knox inquired if the amendment should authorize farm animals include exotic birds or extend the scope of exemption or both; and stated he needs to know what to advertise. Chairman Higgs advised there is still a problem with the zoning issue interpreting exotic birds as farm animals, so advertising an amendment to the noise Ordinance does not clear up that issue. Mr. Knox stated if the Board wishes to make it clear that the birds are farm animals, it should amend the Ordinance to do that.

Discussion ensued on exotic birds being or not being farm animals.

Commissioner Ellis advised exotic birds in terms of noise were not considered farm animals, in terms of raising them, they were considered farm animals; and in terms of the noise Ordinance, they are not considered farm animals. He stated originally the option was operation of farm equipment, machinery, and noise from farm animals, including exotic birds; and there would not be indecision if the Board had agreed to that change.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to amend the motion to include exotic birds as farm animals.

Commissioner Scarborough inquired what would happen if the Board determines it is not in the best interest to consider exotic birds as farm animals after the public hearing; with Mr. Knox responding he will advertise it so the Board can make a decision either way.

Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered unanimously. The meeting recessed at 5:22 p.m. and reconvened at 5:30 p.m.

WAIVER OF ONSITE PARKING REQUIREMENTS, RE: PETTY'S MEAT MARKET SUNTREE Land Development Director John Sternagel advised this is a request for a waiver to allow additional parking spaces for a specialized meat market; all regulations and other requirements must be satisfied before they receive site plan approval; there is not a parking category in the Ordinance that addresses this type of business; there is an existing meat market that is similar in size as the proposed meat market; and staff asked the applicant to conduct a parking study to identify his parking needs. He stated they did that show between 57 and 89 parking spaces being occupied at any time and requested 75 parking spaces for the new market; and staff has no problem with that.

Commissioner Scarborough advised his office spoke with Gordon England who had concerns and wanted to review the site plan; and inquired if Mr. England has seen the site plan; with Mr. Sternagel responding the site plan was submitted as a preliminary plan where staff gets together and discusses it; all requirements including Mr. England's concerns will be satisfied before the site plan is approved; and this is simply a waiver for parking spaces.

Surface Water Improvement Director Ron Jones advised a pre-application meeting was held in the Engineering Department at which Mr. England attended; that meeting was also attended by Stan Johnson; at that time Mr. Johnson wrote a memo to the entity making the application; they have not formally submitted at this time; and all those requirements will be adhered to at such time the formal site plan is submitted. Commissioner Scarborough inquired if Mr. Jones has a problem; with Mr. Jones responding this is more related to zoning site plan issue.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive onsite parking requirements of Section 14-30.50.A, Brevard County Site Plan Regulations, for Petty's Meat Market Suntree to have additional parking spaces.

Commissioner Ellis stated his objection is having the people wait all day on this; every parking lot that is built has to meet stormwater standards regardless of the number of spaces; for two years the County has had these stupid parking requirements; and if they are spending money for more parking spaces, clearly they must think they need the parking spaces; and why there is parking requirements in the Comprehensive Plan is beyond him. He stated the people have wasted their entire day here; and if they had gone to work, they would be home by now. Chairman Higgs stated it is not in the Comprehensive Plan; and Mr. Sternagel advised they are in the Site Plan Subdivision Ordinance based on an ITE Manual which is a Transportation Manual that identifies the type of use and what is normally appropriate parking. Commissioner Ellis inquired why does the County have parking requirements; and why can't businesses decide how many parking spaces they need. Chairman Higgs advised on the top side in wanting more spaces she agrees, but on the down side they will under estimate the number of parking places then there will be parking problems; and that is why there are minimums; but she does not know why there are maximums.

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

DISCUSSION, RE: PARKING REQUIREMENTS

Chairman Higgs inquired if the new ordinance provides flexibility on the upside of parking spaces; with Land Development Director John Sternagel responding that is correct and they will allow reduction in parking. He stated one of the things included in the Ordinance revision is a reduction for the increase of landscaping or green space or pervious areas.

DISCUSSION, RE: LEGAL REPRESENTATION FOR MERRITT ISLAND REDEVELOPMENT AGENCY

Stan Allen, member of the Board of Directors of Merritt Island Redevelopment Agency, inquired if the objective is whether or not the Merritt Island Redevelopment Agency (MIRA) Board should continue to be represented by the County Attorney; with County Attorney Scott Knox responding they identified a potential for a conflict of interest due to the nature of the problems that are occurring with MIRA, as the Board was served with a lawsuit by Mr. Easton requesting he be paid which will involve some issues as to who has authority to require checks to be issued and who has authority to sign those checks. He stated that will be a potential conflict between MIRA and the Board of County Commissioners; so ethically, they will probably be required to step away from representing MIRA. Mr. Allen advised MIRA did not bring the lawsuit; with Mr. Knox responding no, but MIRA will become embroiled in it. Mr. Allen advised his confusion is this is a County program established by the Board of County Commissioners; the Board established the Redevelopment Plan and approved it; it established the Agency and charged it with carrying out the Plan; and it established the financial structure for carrying out the Plan. He stated the Board appointed the members of the MIRA Board of Directors; and inquired how can it have a conflict with the Board of County Commissioners when the Board is the ultimate authority. He stated the County Attorney is the one to look to for legal advice for MIRA and the Board because the Board makes the ultimate decision.

Commissioner Ellis advised because of the lawsuit, there is conflict between MIRA and the Commissioner that could involve having the County Attorney's office represent both parties. Mr. Allen advised Mr. Easton has his own attorney for that, and it is not a MIRA case that they brought against the Board. He stated it should be brought to the Board for clarification as to why Mr. Easton was not paid, but that is a separate issue. Commissioner Ellis stated the letter to Ms. Troner should go to the audience so they understand what the issue is that caused the conflict between the two agencies. Mr. Allen inquired what agencies; with Commissioner Ellis responding the Commission Office and MIRA. Mr. Allen stated the Brevard County Commissioner is the ultimate authority.

Commissioner Scarborough inquired if MIRA Board does not want to obtain independent counsel and if the Board has met and Mr. Allen is speaking for it; with Mr. Allen responding no, he is not speaking for the MIRA Board and they have not yet met on the issue, but will meet on Thursday which is their regular meeting.

Phil Finney, 436 Magnolia Avenue, Merritt Island, advised of the history that created the Merritt Island Redevelopment Agency which started back in 1984 with DOT plans to widen SR 520. He stated on November 15, 1988, the Board adopted Ordinance No. 88-43 creating Merritt Island Redevelopment Agency and appointed seven members that reside or engage in business within the redevelopment area to serve as checks and balances for the Agency; and the Agency has been very successful in public and private development projects such as Waterway Park, Veterans Memorial Park, lighting and signage, landscaping along SR 520 corridor, Home Depot, Wal-mart, Albertson's, Office Depot, and various restaurants throughout the SR 520 area all with assistance from MIRA. Mr. Finney stated while he understands and respects the need for governmental review, as a former member of MIRA he takes the implication that MIRA acted in an irresponsible manner as a personal insult; it is unique and perhaps ahead of its time which may be difficult for new Commissioners to understand; and suggested orientation and understanding of how MIRA operates and is funded to help elected representatives and County staff have a better understanding of MIRA.

Bud Cantwell, Chairman of MIRA, advised he has served on the Agency since its inception and as Chairman for a number of years; he appreciates the cooperation and support they have had from the Board over the years; and he does not feel there is any conflict between MIRA and the Board of County Commissioners. He stated they pay for County services as they use it; they have had a County Attorney at their meetings since the inception of the Agency; it has been a wonderful relationship and they appreciate staff support; and now there appears to be concern about legal representation. Mr. Cantwell stated since an action has been filed against the Board, he understands why Mr. Knox may have a problem; but that is not an action by MIRA, it is an action by an individual who has not been paid and wants to be paid. He stated he is here strictly in the interest of the Agency; he is proud of the Agency and what it has accomplished; and he stands ready to be of help in the solution of the problem if there is a problem.

County Attorney Knox advised this is something they saw coming a few weeks ago and wanted to bring it to the Board's attention before it became a problem; and it is ripening into a problem today because the lawsuit has been filed. He stated the Ordinance creating MIRA gives the Board of Directors the ability to control the disbursement of their funds; there is a trust fund set up where the County's portion of their budget goes into a trust fund; they have control over where it goes; and they work with the Clerk to disburse that money. He stated Mr. Easton has sued the County wrongly in this case; one of the first things he is going to do is try and get MIRA to join the County as a party; and he cannot go to the judge and say the County wants MIRA to joint as a party in this case, then turn around and represent MIRA saying it does not want to be a part of the case; and that is fundamentally why he has a conflict.

Commissioner Cook advised he can understand why it can be a potential conflict especially since something has happened; but if he was Commissioner O'Brien, he would not want to sign someone's time card either; and inquired if the Board can authorize the County Manager to sign the time card; with Mr. Knox responding that is one of the issues that will probably be litigated. Mr. Knox stated his personal opinion is none of the Commissioners should be signing time cards for any agencies. Commissioner Cook stated that should be the County Manager's job.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, that all future time cards and accountability for the actions of the Director of Merritt Island Redevelopment Agency go through the County Manager.

Commissioner Cook inquired if the motion creates a problem; with Mr. Knox responding yes at this time because the lawsuit has been filed and that is something they are going to have to resolve with the court. He stated it is a good argument that the way the Ordinance reads, the MIRA Board should be doing the time cards; the Board gets involved because it has a facsimile signature of the Chairman that gets put on County checks; and apparently Mr. Easton has been paid with County checks in the past, but that does not mean this Board is responsible for making sure everything that is necessary to get done before he gets paid is done. He stated the real issue is whether the MIRA Board should be doing that instead. Commissioner Cook advised the time card going to the District 2 Commissioner's Office is totally out of the realm.

Commissioner Ellis advised it would be more appropriate for Mr. Easton to report to a County official such as Greg Lugar who has Economic Development; if he was Commissioner O'Brien he would not want to sign a time card for someone who did not work in his office and he did not know exactly what that person did; but that is not Mr. Easton's fault that it was set up that way; and he would like to know how it got to be that way.

County Manager Tom Jenkins advised it was an informal arrangement established when Commissioner Dobson was District 2 Commissioner, and carried through from him to Commissioner Andreas, and recently to Commissioner O'Brien. He stated the Board of County Commissioners never took formal action to establish that practice; it is something that just evolved perhaps because of the close proximity or because of Commissioner Dobson's interest in the Agency; and he does not really know what the cause was, but it was an informal arrangement that seemed to have evolved.

Chairman Higgs inquired if Finance can answer that; with Finance Director Stephen Burdett responding Mr. Jenkins is correct that it probably was an informal arrangement; and his understanding from Payroll is that it started with Commissioner Andreas. Commissioner Cook inquired if it was not with Commissioner Dobson; with Mr. Burdett responding no, he was told when Mr. Dobson was in office it was being signed by Mr. Easton, and someone on the MIRA Board. A citizen advised Mr. Dobson was a member of MIRA and its first chairman over a period of several months and signed the time card as the chairman.

Commissioner Cook inquired if the Board can change it with a motion or is it too far gone and has to go through a lawsuit; with Mr. Knox responding Mr. Easton sued the County, and unless he wants to drop the County and name the Clerk, which is really the person who issues his check, and MIRA is responsible for making sure the funds are properly disbursed through the Clerk's Office, so the County is improperly named in the lawsuit; and whether they want to correct that situation or the Clerk wants to issue the check and resolve the lawsuit and make it go away, that is a different issue. Mr. Burdett advised the Clerk did not tell Mr. Easton to submit those to the Commissioners; suing the Clerk will not resolve anything because the Clerk's Office does not issue checks until they get a time card; and who has to approve it is controlled at the Board's level.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner Cook, to amend the original motion to authorize the Chairman of the Merritt Island Redevelopment Agency to sign the time card of Mr. Easton and authorize him to sign the time card retroactively to effect a settlement of the lawsuit.

Commissioner Cook advised there are other areas that should be clarified for the future, such as how MIRA is going to operate, salary, whether they are going to fall in line with the County policies on salaries and so forth; those are areas the Board needs to look at so the MIRA Board has an idea of where this Board is coming from; but if this motion solves the problem for the time being, he will support that.

Commissioner Scarborough inquired if that will satisfy the Clerk; with Mr. Burdett responding that will be fine. Chairman Higgs inquired if the County Attorney has a problem with the Board taking that action; with Mr. Knox responding it would moot the whole lawsuit as far as he is concerned unless they want to pursue it for some other reason. Chairman Higgs inquired if the Board is complicating its legal position by taking that action; with Mr. Knox responding he does not think so; that is the way the Ordinance reads; so the Board is just ratifying what is in the Ordinance.

Commissioner O'Brien withdrew the original motion, and Commissioner Cook withdrew the second. Chairman Higgs advised the last motion is an amendment to the original motion, so the original motion should stand.

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

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

Commissioner Ellis inquired if Kurt Easton is a County employee or MIRA employee; with Mr. Jenkins responding from his perspective he is a MIRA employee. Commissioner Ellis inquired why is he paid through the Clerk and not by MIRA; with Mr. Jenkins responding in order not to set up a duplicate finance system, they believed there was a cost efficiency by using the County's Finance system versus having their own; and technically they could set up their own accounting, pay their own bills, and write their own checks.

Commissioner Cook stated at a later date he wants to look at some of the issues because previously the time card was being signed by a County Commissioner which would lead one to think he was a County employee. He recommended the Board clarify the roll of MIRA so that Board knows what its roll is; it is a County agency and expending tax monies; and there are a few items that this Board should address.

Commissioner O'Brien advised there are quite a few issues that need to be addressed; MIRA has no agreement with the County for services; it has no supervisor and that is why they tried to get him to sign the time card and he refused because he is not the supervisor. He stated MIRA is supposed to file yearly reports of activities with this Board and the Auditor General; the enabling legislation says, "An agency authorized to transact business and exercise powers under this part shall file with the governing body and with the Auditor General on or before March 31st of each year, a report of its activities for the preceding fiscal year which report shall include a complete financial statement setting forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year. At the time they file the report, the Agency shall publish in a newspaper of general circulation in the community, a notice to the effect that such a report has been filed with the county and that the report is available for inspection during business hours in the office of the clerk of the city or county commission and in the office of the agency." Commissioner O'Brien advised MIRA has not filed reports; and it is supposed to review its by-laws every two years and has not done that either. He stated there are discrepancies that need to be addressed.

Motion by Commissioner O'Brien, seconded for discussion by Commissioner Scarborough, to request the Florida State Auditor General to undertake a complete audit of Merritt Island Redevelopment Agency's activities and finances that are described in the enabling legislation.

Commissioner O'Brien stated if MIRA comes out good, so be it; and it will get everything back on track, straightened out, and where they belong.

Mr. Knox advised it should be evident that they have a potential conflict trying to represent the Board and MIRA on those kinds of issues; so he wants to make sure that as part of the overall dealings with business tonight, the Board tries to get that issue resolved.

Commissioner Ellis inquired if the audit could be performed by the Clerk's auditors. He stated the Board had audits before and it is not simply a dollar and cent issue, but the statutes compliance. He inquired if the Board can get a state audit without going with a County audit first. Commissioner Cook stated anyone can make a request to the Auditor General for anything; he will decide whether or not they are going to perform an audit; but anyone can request it. Mr. Jenkins advised there is an Audit Oversight Committee made up of legislative appointments and they evaluate requests for audits then decide what gets audited and gives direction to the Auditor General, so there is a process to go through.

Chairman Higgs advised she has a problem looking at an audit, but the Board should get information from the Clerk regarding the audit and past audits and findings, understand what the Clerk is able to do before going to the Auditor General, or anyone else to request it; and it should be put on the Agenda so members of MIRA's Board can be present and know what the items of consideration are. She stated that is only fair to get information from the Clerk as to what his office can perform and get all those items out and discuss them.

Commissioner O'Brien advised the legislation is very clear that the reports of activities and operating expenses, etc. have to be filed with the Auditor General; what he found out is the report is filed in the County Clerk's Report; and that is not what the legislation demands nor wants. He stated they also have to report to this Board.

Chairman Higgs advised the members from the Agency should be given the opportunity to respond to all the issues before the Board goes running to the state asking for an audit.

Commissioner Cook advised he does not have a problem with it; an audit cannot hurt; it is going to put the Clerk in a difficult position since he stood before the Board and talked about MIRA very favorably; and it will put him in a difficult position to go back and do an audit, but Chairman Higgs makes a point on the other issues. He suggested an agenda item to address those issues.

Commissioner Scarborough advised of a similar problem with TiCo Airport Authority not providing enough information to justify the millage requested; stated he has a fiduciary duty to the taxpayers to fulfill the law; and if the law says certain things are supposed to be there and they are not, he will say the law should be complied with; so if MIRA is supposed to be doing and is not, he will vote for the audit. Commissioner Cook stated the Board does not have to wait on the audit by the Auditor General, but other items need to be put on the Agenda.

Chairman Higgs inquired how long does it take to get an audit from the Auditor General; with Mr. Jenkins responding it will have to go through the Oversight Committee and considered along with all other requests.

Kurt Easton, Executive Director of Merritt Island Redevelopment Agency, advised there has been some action taken and it is not appropriate for him to discuss it at this time; but he hopes it is something that can be resolved as easily as the Board has discussed. He stated all the issues that have been raised before were addressed at the Agency's January 26, 1995 meeting; Commissioner O'Brien's office made a report and gave it to Mr. Cantwell; he responded to that report and presented it to his Board; and his Board presented its response to Commissioner O'Brien and the County Commission. He stated there may be some issues they would welcome resolutions of; they are willing to work with the Board, but the questions have been answered to the satisfaction of his Board and they are waiting for a response from Commissioner O'Brien or the County Commission. Mr. Easton advised everyone was provided a copy of the report that specifically stated that in 1991 they had an internal audit; they have been in existence for two years and were operating the same way at that time; the internal audit did not bring any reporting requirements to their attention; and the results of that audit said they were doing what they were supposed to be doing. He stated their audit is filed with the Auditor General in the County's Overall Audit; and that is the way they have been proceeding; if that needs to be addressed, then they can address it; and the Board has indicated it is willing to address that. He noted he would like to get things on an even keel and progress with the projects they are undertaking.

Commissioner Ellis inquired why Commissioner Andreas signed Mr. Easton's time card; with Mr. Easton responding actually Commissioner Dobson started that practice when the Agency was originally established and he was appointed as the Chairman of the Agency's Board; subsequent to that, the County Attorney indicated there was a conflict of interest with him serving both as a County Commissioner and Chairman of MIRA, so he stepped down from the Agency; but he was very involved in the progress of the Agency. He stated he met with Mr. Dobson regularly and he felt comfortable signing the time card; and that is how it progressed. He advised Finance indicated he could not sign his own card, and someone of a higher authority must sign it; and that is how the whole thing got started. Commissioner Ellis inquired if Mr. Dobson continued to sign the time card even after he moved off the Agency; with Mr. Easton responding yes. Commissioner Ellis inquired if the letter from Dan McDermott that went to Commissioner O'Brien's office was on his behalf or MIRA's behalf; with Mr. Easton responding on his behalf. Commissioner Ellis inquired why; with Mr. Easton responding it needs to be on record, but he believes it can be resolved very easily. Commissioner Ellis stated he agrees, but the worse it gets, the harder it is to put back together.

Commissioner Scarborough inquired if Mr. Easton believes he has complied with the law by filing the audit report with the County's Report that is filed with the Auditor General; with Mr. Easton responding yes. Commissioner Scarborough inquired if that is what has occurred; with Mr. Burdett responding the MIRA Fund is actually a fund by itself just like other County Department's have their own funds; when the external auditors review the County's financial information, they are part of the County's sample; and it is possible they may look at transactions of the Agency; so it is his opinion that the report filed with the Auditor General on behalf of the County as a whole also includes MIRA; and that should comply with the Auditor General's requirements. Commissioner Scarborough inquired if they have been complying with the filing of the report with the Auditor General; with Mr. Knox responding it would be impossible for him to answer that right now because he would have to look at what they actually filed with the Clerk and compare it to what the statute requires. Mr. Burdett advised the Clerk actually handle's MIRA's transactions just as they do other Departments; and all the information that comes through the Finance Department on paying bills is public information; so he cannot imagine the Auditor General is going to require details on each transaction. He indicated it would be audited financial statements just as they require from the Board of County Commissioners.

Commissioner Cook advised he is disturbed that the Board had a lawsuit before this meeting because they could have resolved it today without going through a lawsuit; the Board has settled the pay question; so it needs to vote on the audit, and agenda MIRA in general for the next meeting to discuss all the issues and address all of them.

Chairman Higgs advised she would support an audit if she knew clearly it was warranted, but she is not ready to do that tonight; she wants to know the facts regarding what has been filed, what has not been filed, etc.; and she does not want the Board to get unnecessarily involved in a conflict with the Agency. She stated they need to put down their issues and give MIRA an opportunity to respond; they need the Clerk's input; and rather than request a state audit, the Board should agenda the item for its next meeting, understand all the issues, then do it. Chairman Higgs passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table the request for a state audit. Motion did not carry; Commissioners Scarborough and Higgs voted aye; and Commissioners O'Brien, Cook and Ellis voted nay.

Commissioner Cook inquired what can an audit hurt; he assumes they have been operating correctly; so what could it hurt for someone to look at what has been going on.

Chairman Higgs stated if the Board is asking for an audit that will take six, eight, or twelve months, it should get the Clerk's input and find out what information is needed. Commissioner Cook stated the Board can request an audit; the Auditor General may not even do it if the Committee decides not to; but it can request it and in the meantime get the information from the Clerk and discuss everything else at the next meeting. Commissioner O'Brien indicated the Clerk may be in conflict as well. Commissioner Scarborough advised there are hostile audits, non-hostile audits, and different types of audits; he would like to hear from the County Attorney what is required and what specifically will be filed with the Auditor General; and the Board should make sure it knows what it is talking about. He suggested Mr. Jenkins pull out the old notes on audits, and Mr. Burdett get with Mr. Jenkins to put something together. Commissioner Cook stated his impression is they do not audit enough in government; it cannot hurt anything; it will not be back in a week; in that week the Board can agenda MIRA in general; and reiterated previous statements on not hurting anything to request an audit. Chairman Higgs stated the Board does not even know what it is asking for in terms of the type of audit and the range of the audit; the Board has no information on what it is requesting other than get a state audit; and that is not a good way to do business. She stated if the Board wants a state audit, it should know what the information is. Commissioner O'Brien recommended the audit be to reassure the Board that MIRA is in complete compliance with its enabling legislation, its financial records are in order, and any and all business expenses such as entertainment and anything else are in line and in order. He stated they should look at the enabling legislation and financial side, and those two should come together.

Mr. Cantwell inquired what would the audit cost and who will pay for it; with Commissioner Ellis responding state taxpayers which is true of all audits. Mr. Cantwell stated the fact that they fill with the County has not been a problem; and he does not see why one week to get the facts together as suggested by the Chairman is such a bad idea.

Commissioner Cook stated he has a presumption that nothing is wrong, but he cannot see any reason not to request it. Chairman Higgs inquired why waste the state's time if they believe it is all right; with Commissioner Cook responding he has not reviewed the records and does not know it for sure, but any agency is subject to review. Chairman Higgs stated she does not have a problem with review; but if the Board is asking the state to spend a lot of money to do an audit, what are the issues. She reiterated previous statements on getting the information and knowing the issues before requesting an audit.

Commissioner Ellis stated a compliance audit is to confirm performance and that will bury this issue; until the Board gets an audit, it will be arguing this issue for another year and a half; and he believes MIRA will come out fine on the audit, and that will be the end of this issue. Chairman Higgs inquired what issues Commissioner Ellis has; with Commissioner Ellis responding he does not have any issues. Chairman Higgs inquired why would the Board do it; with Commissioner Ellis responding because that is the only way to bury the issue.

Discussion ensued on asking questions, obtaining answers, taking necessary action, obtaining a state audit because the Clerk's feelings about the Agency may cause a possible conflict, allowing MIRA to respond, and hostile and non-hostile audits.

Commissioner Scarborough requested Mr. Burdett give the Board a few ideas of how different audits work; with Mr. Burdett responding the audit that is done on the County as a whole, which includes MIRA, includes the audit of the financial report to make sure that it is presented fairly; it also includes an audit of the sample on compliance, whether they are complying with all legal and procedural requirements; and that includes the County's agencies of which MIRA is a part. He stated there is also an operational audit which is mainly to look at efficiency of an operation; what the Board is looking at is compliance; he cannot answer whether the Auditor General will actually audit MIRA; but they will probably tell the Board that MIRA is part of the County's Comprehensive Annual Financial Report and included in the audit sample, and ask what more does the Board want and does it want something specific looked at, because they have already been looked at as far as compliance.

Commissioner Cook advised he cannot say what the Auditor General will do, but he will look at any request; he has contacted his office in the past and is aware of it; they are quite willing to look at any request; but they may or may not act on it. He stated he does not see this as being hostile.

Commissioner Scarborough gave a scenario of different types of audits and the things they look at; and inquired if the request is to review whether proper procedures have been followed and whether they balance; with Commissioner O'Brien responding he wants an audit that proves they are in total compliance with the enabling legislation and to look at the balance of the books and see if there is anything that is out of order, and looking at personal expenses is a place to start.

Mr. Easton stated they very carefully follow County procedures; one of the reasons they use County Finance is to make purchases in accordance with County policy; the Board has some legitimate questions and they are willing and prepared to answer those directly; and the bottom line is what is the ultimate ramification if they are or are not in compliance. He stated MIRA has already indicated it is more than willing to work with the Board to do whatever is suggested to insure they are in compliance; but it is the Board's choice whether or not it wants to proceed on an official basis or handle it directly.

Commissioner O'Brien stated MIRA's budget is not in compliance; the budget holds itself in the balance; and if the books are not in compliance as the auditor may say, and hopefully he does not, then the budget will not hang in the balance; but this Board does control the budget; and if it is out of compliance, the Board may decide the budget may be held up, changed, reduced, increased, or whatever is appropriate at the time. Mr. Easton inquired if that can be determined locally or should it be determined by the state.

Commissioner Cook stated there are so many things intertwined here locally that requesting the state auditor may be a good idea; and the Board can solve the problem at its next meeting with MIRA as they are willing to work with the County. He reiterated telling MIRA what changes it wants to look at, what it is looking for, and settle this thing. Chairman Higgs recommended tabling this issue until the next meeting; with Commissioner Cook responding the Board can move forward with the audit; it has been raised; it has been a question; someone asked for it; it is a question; and it is on the table and cannot be ignored; so he cannot see the harm.

Chairman Higgs called for a vote on the motion to ask for a state audit of MIRA. Motion carried and ordered; Commissioners Scarborough, O'Brien, Cook and Ellis voted aye; and Commissioner Higgs voted nay.

Chairman Higgs stated it is the wrong way to try and resolve the problem.

Commissioner O'Brien advised the County Attorney said there is a potential conflict of interest that has been proven; and the Board needs to advise MIRA tonight that the County Attorney is not available for them any longer pursuant to Sections 163 and 356.

Commissioner Scarborough inquired if they have a choice on that; with Commissioner O'Brien responding no.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to advise the Merritt Island Redevelopment Agency Board of Directors that the County Attorney is not available to them any longer, pursuant to Sections 163 and 356, Florida Statutes.

Chairman Higgs inquired if the Board of County Commissioners has a conflict with the MIRA Board or does the Executive Director have a conflict with the Board of County Commissioners; with Commissioner Cook responding he is going on the County Attorney's opinion that he has a problem; the Board does not necessarily have a conflict, but the County Attorney perceives a problem; and he goes along with him on this one. Chairman Higgs inquired if there is a way to resolve the potential conflict; with Mr. Knox responding if the Board discusses the issues with MIRA and gets it all ironed out, then the conflict will go away, but at this point, without those issues resolved, he sees the potential for trying to advise the Board on one thing and trying to advise MIRA on something different. Chairman Higgs stated if it can be resolved next week, the Board should table the item until the next meeting and decide whether it has a conflict or not. Assistant County Attorney Lisa Troner advised MIRA has a meeting on Thursday and inquired if they would be excused from representation at that meeting because the issues may come up; with Chairman Higgs responding the County Attorney's office does not have to attend that meeting. Mr. Knox stated that probably resolves the problem; he does not know what is going to happen to Mr. Easton's suit and if it is dismissed tomorrow, that would be okay, but it is still outstanding. Discussion continued on Mr. Easton's lawsuit, the County Attorney attending the MIRA meeting, and settling the entire issue.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to table the legal representation of MIRA issue until the next meeting. Motion carried and ordered unanimously.

Mr. Cantwell inquired if the authority for him as Chairman of the MIRA Board is retroactively sign the time card for Mr. Easton that has been held up for a few weeks; with Chairman Higgs responding yes.

DISCUSSION, RE: BARBARA BRADLEY-BENN v BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the County Attorney to make an offer of judgement of $2,500 exclusive of attorneys' fees.

Commissioner Cook advised he has a problem and conflict because of a campaign contribution; with County Attorney Scott Knox responding it is not a conflict; and Commissioner Cook can announce it, but he cannot withhold a vote on that basis.

Commissioner Ellis stated he understands mediation is not binding, but he will vote against the motion because an offer was made at mediation, and that should be the offer. Mr. Knox stated the mediation offer was $5,000 and a transfer with increase in pay if he remembers correctly.

Chairman Higgs inquired why is the Board doing this today; with Mr. Knox responding it is something they are trying to do with other cases as well; it sets the limits of the judgment; and if an offer is made and the plaintiff does not prevail on his lawsuit, as of the date the offer is made, the attorney's fees run the other way instead of from the County to the plaintiff; and the plaintiff will have to pay the County Attorney's fees if the County wins. He stated it changes the burden. Chairman Higgs inquired how does it conflict with the previous offer; with Mr. Knox responding it does not conflict, it sets the framework and increases the ante for the plaintiff.

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

AGREEMENT WITH PUBLIC DEFENDER, RE: FUNDING FOR LEGAL REPRESENTATION OF INDIGENT DEFENDANTS Finance Director Stephen Burdett recommended changing paragraph 4 to provide for reimbursement instead of advancing money to them.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Public Defender providing funding for legal representation of indigent defendants with a change to paragraph 4 to reimburse expenditures.

Commissioner Ellis inquired how much would that be; with Mr. Burdett responding about $300,000. Commissioner Ellis stated it will not pay anyone up front; with Mr. Burdett responding that is correct.

Commissioner Cook advised this is a state responsibility and local taxpayers should not have to pay $300,000 for a state responsibility. He stated the County has priorities; and this is wrong.

Commissioner Ellis stated if the Board is paying it from County tax dollars, and if someone says he is indigent, he wants to know what the grounds are and why they are declared indigent.

Commissioner Cook inquired if it would hurt to wait two weeks; with Commissioner Ellis recommending approving one month's payment. Mr. Burdett advised Finance will pay them the way they are paid now, but he wants to change the method under which they are being paid. He stated currently they are paid directly by the County; and his concern is whether they are adhering to federal tax requirements; so that is the reason for the restructured method. Commissioner Cook stated he understands the need, but he has other questions, and if it is not going to have impact on the Public Defender, he would like to table it for the next meeting. Chairman Higgs advised the motion was to approve the Agreement for a month, and unless it is tabled, the Board needs to act on that motion.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to table the Agreement with the Public Defender for funding of legal representation of indigent defendants until March 7, 1995. Motion carried and ordered; Commissioner Ellis voted nay.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner Cook advised the Board passed the option of having court-ordered payments come to the Board before the checks are cut; currently the Board gets bills over $1,000 with specific backup information; it should be a Board decision; and inquired if the Board wishes to see backup information on all the bills or continue what is currently being done.

County Manager Tom Jenkins advised the bills that are on the list for less than $1,000 are being paid by Finance prior to coming to the Board.

Commissioner Ellis advised the memo from Mr. Jenkins to Mr. Burdett says, "Checked with the maker of the motion Mr. Cook who confirmed that the Board's intent that only those expenses greater than a thousand dollars, which is what you have been including in the bill folder, be submitted to the Board for approval." He stated he understands those are the only bills the Board is going to pre-approve before payment and they are over $1,000; however, Shirley King called his office and said the court reporting fees are being held up because they had to be approved by the Board first. Commissioner Cook advised she submitted a bill for $8,000. Commissioner Ellis inquired if it was individual or cumulative; with Commissioner Cook responding cumulative.

Finance Director Stephen Burdett advised that is common for court reporters; and they submit an invoice on individual cases which could take an extensive amount of time.

Commissioner Ellis inquired if the Board is going to have the court reporting bills fall under the same thing as attorneys and expert witnesses; with Commissioner Cook responding that has been settled. Mr. Burdett inquired if that means they are to pay court reporters even if it is over $1,000 and it does not have to come to the Board for approval prior to being paid; with Commissioner Cook responding no, that is not the current procedure. Mr. Jenkins stated they are not paid if they are over $1,000.

Commissioner Ellis stated the Board can look at expert witnesses and attorneys to see what happened, but not court reporters. Commissioner Cook stated it has been resolved and Ms. King does not have a problem; with Commissioner Ellis responding it has not been resolved. Commissioner Cook stated the Board has three regular meetings a month and the bills and transfer can come to the Board at every meeting; it can approve bills and transfer three times instead of once a month; so the time constraints should not be a problem. He stated when he talked to Ms. King she felt it could be taken care of. Commissioner Ellis advised when he read the memo from Mr. Jenkins to Mr. Burdett, he read it to mean attorneys and expert witnesses over $1,000 and not to include the court reporters. Commissioner Cook stated he did not read the memo to that effect and that was not the intent of the memo. He stated the intent was as a Board, does it want backup materials for bills less than $1,000 and hold up the payments or the current procedure that they submit bills in excess of $1,000 with specific backup information and withhold payments on those bills until the Board acts. Commissioner Ellis stated he does not want to hold up bills under $1,000 and does not need backup documents for those; and as far as court reporters go, if the bills are held for over $1,000 they should be individual and not cumulative. Commissioner Cook stated that would open a big door. Mr. Burdett advised that would be very complicated because they normally submit invoices on a specific case and do not submit ten or twelve invoices for an individual case. Commissioner Ellis stated they normally submit ten or twelve invoices for ten or twelve cases; with Mr. Burdett responding that is true, but some cases can last an extensive period of time.

Commissioner Cook advised the bills that are less than $1,000 are being paid, and those over $1,000 are being submitted to the Board for approval prior to being paid; that was the change because prior to that all court costs were being paid before they came to the Board. Chairman Higgs inquired if that is what Commissioner Cook wants; with Commissioner Cook responding whatever is the pleasure of the Board.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve the bills and budget transfers, and direct the Finance Department to continue paying the court-ordered bills of less than $1,000 and submit those bills that are over $1,000 to the Board with specific backup information prior to payment. Motion carried and ordered unanimously.

RESOLUTION, RE: APPOINTMENTS TO BEACH EROSION ADVISORY COMMITTEE County Manager Tom Jenkins advised the Beach Erosion Advisory Committee has a meeting Thursday night, and it would be nice to have the members appointed so they can attend the meeting. Chairman Higgs advised she wants to discuss where those people are coming from and the procedure that has been transpiring for those appointments prior to seating anyone on the Committee.

APPROVAL OF BUDGET CHANGE REQUEST, AND PERMISSION TO PURCHASE, RE: MAINTENANCE EQUIPMENT FOR ROAD AND BRIDGE DIVISION

Commissioner O'Brien advised Mr. Minneboo has been here all day on the purchase of maintenance equipment for Road and Bridge, and he has a question on the cost of the operator.

Public Works Director Henry Minneboo advised it gives the appearance that the operator of the sweeper is making $38 an hour; however, this is an amortization rate which includes the operator of the equipment who makes $12.00 an hour.

Commissioner O'Brien inquired if Mr. Minneboo is saying it will cost $79,000 a year to operate that machine; with Mr. Minneboo responding yes. Commissioner O'Brien inquired if the work is contracted out, will it cost $75.00 an hour; with Mr. Minneboo responding yes, with Harris Sanitation, but not under a bid. Commissioner O'Brien inquired how much did the County pay Harris last year; with Mr. Minneboo responding he is not sure.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table approval of a Budget Change Request and permission to purchase maintenance equipment for Road and Bridge Division until March 7, 1995. Motion carried and ordered unanimously.

USE AGREEMENT WITH NATIONWIDE LIFE INSURANCE COMPANY, RE: SIGN ON CROTON ROAD FOR SARNO PLAZA

Assistant County Manager for Community Development Dean Sprague advised Sovereign, Hold & Hooker will meet with the City of Melbourne tomorrow night about using the right-of-way for the sign at Sarno Plaza.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to execute Use Agreement with Nationwide Life Insurance Company for use of Croton Road right-of-way for installation and maintenance of a sign for Sarno Plaza.

Chairman Higgs inquired what is staff's recommendation; with Traffic Engineering Director Bill Osborne responding to execute the Use Agreement with Nationwide Life Insurance Company. Chairman Higgs advised that is contrary to what the Board is establishing as its policy that it would not lease out right-of-way for use by private entities other than homeowners associations; with Mr. Sprague responding that is correct, but staff was told to put this one under the old policy. Commissioner Ellis stated the new policy has never been established; with Mr. Sprague responding that is correct, and staff will bring it to the Board for discussion.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay. RESOLUTION, RE: PROCLAIMING IRISH-AMERICAN HERITAGE MONTH

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming March, 1995, as Irish-American Heritage Month in Brevard County. Motion carried and ordered unanimously.

TABLED ITEMS

The Board tabled the following items to the February 27, 1995 meeting:

VI.A.1. Discussion, Re: Delivery of Services to Southwest Corner of Brevard County
VI.A.3. Approval, Re: Request for Installation of Speed Humps on West Drive
VI.D.2. Discussion, Re: Charging Fee for Advanced Agenda Subscription
VI.E.1. Discussion, Re: Stormwater Utility Fee Exemptions for Government Properties
VI.E.2. Discussion, Re: Ordinance Affecting Fences
VI.E.5. Discussion, Re: Bond Issue Review Process
III.A.7. Permission to Amend Existing Process, Re: Processing of Small Scale Comprehensive Plan Amendments
III.A.10. Resolution Setting Public Hearing, Re: Vacating Right-of-way in Bryan & Carlile Resubdivision - Elbert C. and Judy Burns and Philip T. Huckabee
III.A.13. Approval of Expenditure, Re: Installation of Shoulders Along Milwaukee Avenue
III.C.1. Resolution, Re: Appointments to Beach Erosion Advisory Committee.

WARRANT LISTS Upon motion and vote, the meeting adjourned at 6:54 p.m.

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

ATTEST:
SANDY CRAWFORD, CLERK
SEAL