The Board of County Commissioners of Brevard County, Florida, met in regular session on April 16, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Kirk Langston of the First Christian Church of Titusville.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Minutes of December 5, 1995 Special Meeting, December 12, 1995 Regular Meeting, and February 8, 1996 Special Meeting as submitted. Motion carried and ordered unanimously.

REPORTS, RE: COUNTY MANAGER

County Manager Tom Jenkins advised Item III.B.1 makes reference to a certificate of participation; however, it is a grant form issued by the State and has nothing to do with a County financing mechanism.

Mr. Jenkins advised Item III.B.15 is a revised resolution changing the matching funds to $49,000 from $71,000; and Item III.C.6. should be deleted until completion of discussions with the contractor.

Chairman Cook inquired if the fencing will deny access to bikers and hikers; with Assistant County Manager Stephen Peffer responding there will be controlled access.

APPROVAL, RE: MANATEE PROTECTION PLAN WORKSHOP

County Manager Tom Jenkins advised there is an open workshop on May 14, 1996; and recommending scheduling the Manatee Protection Plan workshop on that day.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to schedule the Manatee Protection Plan workshop on May 14, 1996, at 9:00 a.m. Motion carried and ordered unanimously.

APPROVAL, RE: LETTER TO FLORIDA INSTITUTE OF TECHNOLOGY (F.I.T.)

Commissioner Scarborough advised that Florida Institute of Technology has been honored in the newspaper; and recommended the Chairman be authorized to send a letter to F.I.T. congratulating it on receiving those honors.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to send a letter to Florida Institute of Technology, congratulating in on receiving recent honors as one of the Nation?s top science colleges. Motion carried and ordered unanimously.

DISCUSSION, RE: SECURITY DEPOSITS AT BAXLEY MANOR

Commissioner O?Brien advised Brevard County Housing Authority created a problem at Baxley Manor which is a housing complex for the elderly; notices were given to the residents on April 5, 1996, increasing the security deposits from $75 for an efficiency apartment to $450, advising it could be paid in increments of $5.00 a month, and threatening eviction of those who do not make the minimum payment. He stated the reason given by the Authority for the increase is a deficit in costs of vacating; it alleged that $75 covers only 20% of the cost; however, a staff report dealing with this issue dated February 9, 1996, makes no mention of an increase to $450 and instead recommends a graduated increase based on the size of the unit. He stated staff?s report places the highest increase for a five-bedroom unit at $200 and no increase for efficiency apartments which would take care of 50% of the deficit assuming the Authority?s cost figures are correct; and even if the $200 is doubled, it would still not be $450. Commissioner O?Brien stated security deposits should be limited to making sure the rent is paid and for the cost of refurbishing vacated apartments; the elderly are reliable rent payers and tend to take better care than younger families with children; so it makes no sense charging them the same security deposit as those living in five-bedroom units. He noted the $450 was selected by Executive Director Frank Chavers contrary to the recommendation of his staff; his reason is because his budget has been cut by HUD; security deposits are not financing tools for budgets; and based on the lack of credibility and reasoning involved, he requests the Board pass a resolution asking Governor Chiles to investigate the unreasonable and unfair increase and the whole budget process of the Brevard Housing Authority. He stated the seniors are being hurt the most and do the least damage, and those units that are experiencing the biggest problems are barely being touched; the increase is insensitive to the needs of the elderly on fixed incomes; and the Board should ask for an investigation of the Housing Authority.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize the Chairman to send a letter to Governor Chiles and HUD asking for a complete investigation of Brevard Housing Authority, including its profit and loss statements, budgets, junkets, and ways they can cut the budget.

Discussion ensued on the merits of an investigation, measurable outcome, sending copies of the letter to members of the Housing Authority Board, sending the letter to the Auditor General instead of Governor, and sending copies to the Legislative Delegation because the Auditor General is directly under the Legislature.

Commissioner O?Brien amended the motion to include copies of the letter be sent to the members of the Brevard Housing Authority Board and Legislative Delegation; and Commissioner Scarborough accepted the amendment.

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

REPORT, RE: TREATMENT OF FERRETS

Commissioner O?Brien advised the Brevard Ferret Lovers met with Dr. Garcia with Florida Department of Health and Rehabilitative Services regarding beheading of ferrets that nip, bite, or scratch a person; Dr. Garcia said he will not change his policy because his responsibility is to the health and safety of the public; so any ferret that bites will be beheaded, and the Ferret Lovers will have to go to Tallahassee to get the law changed or the HRS regulations modified.

DISCUSSION, RE: SCAT ROUTES

Chairman Cook advised he received letters regarding SCAT routes and operating after 5:00 p.m. for people who work; and recommended the County Manager look into it.

Commissioner Ellis stated the reduced hours was to increase density routes because the majority of the users are people who do not drive.

Commissioner O?Brien advised he met with SCAT staff and discussed circular routes primarily for children staying after school for extra-curricular activities; and now they have two routes going in opposite directions that pass the schools.

Chairman Cook instructed the County Manager to look into the feasibility of running SCAT buses after 5:00 p.m. for people who work, and return with a report.

NOMINATION, RE: GLENN McGUFFIE FOR CENTRAL EAST AREA VICE PRESIDENT

Chairman Cook recommended supporting Glenn McGuffie who works for the Veterans Service Office for the position of Vice President of the Central East Area Veterans Service Officers.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to send a letter supporting the nomination of Glenn A. McGuffie to fill the position of Central East Area Vice President of the Veterans Service Officers Association. Motion carried and ordered unanimously.

DISCUSSION, RE: ADDENDUM TO RFP FOR HEALTH INSURANCE

Chairman Cook advised some HMO?s have gag orders on doctors and prohibit them from discussing treatment options with patients without prior approval of the gatekeeper; and recommended adding to the request for proposals (RFP) if there are gag orders on doctors or anything that prohibits them from discussing treatment options with patients.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize adding to the Request for Proposals for Health Care Insurance that they not contain gag orders. Motion carried and ordered unanimously.

DISCUSSION, RE: PAYMENTS TO EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Chairman Cook advised the County is compelled to pay East Central Florida Regional Planning Council for services; the Council?s representatives mentioned they would exchange the dues for services; and he would like to know what services the County is receiving in exchange for the dues. Commissioner Ellis stated only a small percentage of the dues can be exchanged for services.

DISCUSSION, RE: EXECUTIVE SESSIONS DURING LUNCH PERIOD

Chairman Cook advised executive sessions have been scheduled through lunch; and recommended the Board break for lunch from 1:00 p.m. to 2:00 p.m. because it is going to be a lengthy meeting and the Commissioners need some type of break.

Commissioner Higgs objected to scheduling lunch after the executive sessions; Commissioner Scarborough preferred to have lunch during the executive sessions; and Commissioner O?Brien stated executive sessions should not be done during the lunch hour.

Chairman Cook stated he does not want to have executive sessions scheduled during lunch because it is not appropriate, and it may take more than one hour. County Attorney Scott Knox advised they will do their best to make it short.

REPORT, RE: ITEM III.A.14, HEIGHT RESTRICTIONS

Chairman Cook advised he does not want to pull Item III.A.14, but wants the applicant to understand that waiver of the re-application time does not mean the Board will approve or disapprove the height restriction.

DISCUSSION, RE: EQUITY STUDY ON RECREATION DISTRICTS

Chairman Cook inquired about the status of the equity study on Recreation Districts.

County Manager Tom Jenkins advised Mr. Nelson gave the Board a date when he would have it ready, and will schedule it for presentation to the Board. Assistant County Manager Joan Madden advised it was scheduled to be finished yesterday, and she believes it is done and ready.

REPORT, RE: ITEM III.D.9., RESOLUTION OPPOSING SB 1952

Chairman Cook advised he will not pull the item but will vote no on the resolution opposing Senate Bill 1952 which would reduce protection from lawsuits afforded State and local governments.

RESOLUTION, RE: RENAMING BITTERSWEET AVENUE AS TROPICAL PLACE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution renaming Bittersweet Avenue as Tropical Place in Section 14, Township 29S., Range 37E. Motion carried and ordered unanimously.

RESOLUTION, RE: RENAMING BOTTLEBRUSH COURT AS CYPRESS TRACE DRIVE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution renaming Bottlebrush Court as Cypress Trace Drive in Section 14, Township 26S., Range 36E. Motion carried and ordered unanimously. PRELIMINARY PLAT APPROVAL, RE: THE VIERA APARTMENT COMPLEX

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant preliminary plat approval for The Viera Apartment Complex, subject to not relieving the developer from obtaining required permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: THE WILLOWS, PHASE II

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant final plat approval for The Willows, Phase II, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all required permits. Motion carried and ordered unanimously.

REDUCTION OF ADMINISTRATIVE FINE AND PARTIAL RELEASE OF CODE ENFORCEMENT BOARD LIEN, RE: 559 FRIDAY ROAD, COCOA

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to reduce administrative fine and approve partial release of Code Enforcement Board lien on property located at 559 Friday Road in Cocoa; and authorize the Chairman to execute the documents. Motion carried and ordered unanimously.

AUTHORIZATION FOR COUNTY MANAGER, RE: EXECUTION OF SIDEWALK CONTRACTS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the County Manager or his designee to execute sidewalk contracts for subdivision developments in the unincorporated areas of Brevard County. Motion carried and ordered unanimously.

CONTRACT WITH PULTE HOME CORPORATION, RE: SIDEWALKS IN ISLAND CROSSING

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Contract with Pulte Home Corporation guaranteeing sidewalk improvements in Island Crossing. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE LAKES, INC., RE: SIDEWALKS IN SUNTREE LAKES, PHASES I AND II

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Contract with Suntree Lakes, Inc. guaranteeing sidewalk improvements in Suntree Lakes, Phases I and II. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE PARTNERS, RE: SIDEWALKS IN SUNTREE NORTH, PHASE III, AND DEVONS GLEN, PHASE II

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Contract with Suntree Partners guaranteeing sidewalk improvements in Suntree North, Phase III, and Devons Glen, Phase II. Motion carried and ordered unanimously.

CONTRACT WITH DIVERSIFIED LANDS ASSOCIATION, RE: SIDEWALKS IN BAYTREE CORPORATE PARK

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Contract with Diversified Lands Association guaranteeing sidewalk improvements in Baytree Corporate Park. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE PARTNERS, RE: IMPROVEMENTS TO SPYGLASS HILL ROAD EXTENSION

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Contract with Suntree Partners guaranteeing improvements to Spyglass Hill Road extension. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, AND AUTHORIZE PAYMENT, RE: BREVARD COUNTY HISTORY BOOK, VOLUME II

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Grant Agreement with Florida Department of State, Division of Historical Resources for $3,145 grant for Brevard County History Book, Volume II; and authorize the County Manager or his designee to execute payment requests. Motion carried and ordered unanimously.

AUTHORIZE SUBMITTAL OF PRELIMINARY POSITION PAPER TO FDOT AND SOLICIT SUPPORT FROM LEGISLATIVE DELEGATION AND OTHER AGENCIES, RE: SAFE SCHOOL ACCESS PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize staff to submit a preliminary position paper to Florida Department of Transportation (FDOT), and solicit support from the Legislative Delegation and other agencies for the Safe School Access Program. Motion carried and ordered unanimously.

WAIVER OF WAITING PERIOD FOR P&Z RE-APPLICATION, RE: REQUEST FOR CUP BY ED FLEIS FOR ADDITIONAL BUILDING HEIGHT

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to waive the six months waiting period for re-application to the Planning and Zoning Board to allow Ed Fleis to submit an application for a lower additional building height permit. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING RIGHTS-OF-WAY IN MAP OF DELESPINE ON INDIAN RIVER - JAMES W. PEEPLES, III

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution setting the public hearing for May 21, 1996, to consider vacating rights-of-way in Map of Delespine on Indian River as petitioned by James W. Peeples, III. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN CANAVERAL GROVES REPLAT, UNIT 3 - WILLIAM KERNER

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution setting the public hearing for May 21, 1996, to consider vacating a public utilities and drainage easement in Canaveral Groves Replat, Unit 3, as petitioned by William Kerner. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITY EASEMENT IN PLAT OF RIVER MOORINGS - HENRY AND LESLIE BURSIAN

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution setting public hearing for May 21, 1996, to consider vacating a public utility easement in Plat of River Moorings, as petitioned by Henry and Leslie Bursian. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITY EASEMENT IN PLAT OF RIVER MOORINGS - RIVER MOORINGS, INC.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution setting the public hearing for May 21, 1996, to consider vacating a public utility easement in Plat of River Moorings, as petitioned by River Moorings, Inc. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, AND WAIVER OF FEE, RE: VACATING RIGHT-OF-WAY IN INDIAN RIVER GROVES AND GARDENS - TERESA SPIEGEL

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution setting public hearing for May 21, 1996, to consider vacating a right-of-way in Indian River Groves and Gardens, as petitioned by Teresa Spiegel, and waive application fee. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING PUBLIC WORKS DIRECTOR TO EXECUTE FDOT SUBORDINATION OF UTILITY INTEREST AGREEMENTS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution authorizing the Public Works Director or Assistant Director to execute Florida Department of Transportation Subordination of Utility Interest Agreements. Motion carried and ordered unanimously.

RESOLUTION AND COUNTY DEED, RE: TRANSFERRING INTEREST IN TITUSVILLE VETERANS MEMORIAL FISHING PIER TO CITY OF TITUSVILLE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution and execute County Deed transferring interest in Titusville Veterans Memorial Fishing Pier to City of Titusville. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: MINTON ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Contract Modification #1 with Ranger Construction Industries, Inc. for Minton Road Widening Project, Phase II, increasing construction costs by $53,623.80 and time by 18 days for bi-directional turn lane and drainage design modification to outfall on Love?s property. Motion carried and ordered unanimously.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND RELEASE AGREEMENT WITH KEVIN AND GIZELL COWART, RE: NATIONAL POLICE HOME FOUNDATION WATER MSBU

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Declaration of Covenants, Conditions and Restrictions, and Release Agreement with Kevin and Gizell Cowart, providing that only one single-family residence shall be built on Lots 4 and 5 in National Police Home Foundation Water MSBU for a period of 20 years. Motion carried and ordered unanimously.

AMENDMENT TO CONTRACT WITH PROFESSIONAL ENGINEERING CONSULTANTS, INC., RE: MALABAR ROAD, FROM I-95 TO CURVET CIRCLE WEST

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Amendment to Contract with Professional Engineering Consultants, Inc. for additional engineering services for Malabar Road Widening Project, from I-95 to Curvet Circle West, at $77,796.14. Motion carried and ordered unanimously.

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

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

RESOLUTION, RE: AMENDING COMMUNITY BASED ORGANIZATION ADVISORY BOARD

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution amending the Community Based Organization Advisory Board to provide for seven members and that the members appointed by the Commissioners must be residents of Brevard County and terms comply with the Uniform Advisory Board Ordinance. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT WITH PHARMACEUTICAL CARE PROVIDERS, RE: REDUCED PRESCRIPTIONS FOR HUMAN SERVICES CLIENTS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Memorandum of Agreement with Pharmaceutical Care Providers, to provide reduced cost prescriptions for Human Services clients. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: HARRY T. MOORE CENTER GRANT AMENDMENT

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreement with Florida Department of Environmental Protection, amending the grant for Harry T. Moore Center to change the scope of work to include renovations of existing facility and extend term to June 30, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH THE TEMPORARY LIVING CENTER, RE: TRANSITIONAL HOUSING FACILITY

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreement with The Temporary Living Center to repair and operate a transitional housing facility for $42,750, from April 16, 1996 to April 15, 1997. Motion carried and ordered unanimously.

SUBORDINATION AGREEMENTS, RE: MORTGAGE REFINANCINGS FOR FIRST-TIME HOME BUYERS PROGRAM AND REPAIR PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Subordination Agreements with Michael J. and Tina M. Gioffre, Eric R. and Deborah S. Coonan, and Nettie H. Pugh, for mortgage refinancings for first-time home buyers and repair programs to take advantage of the lower interest rates. Motion carried and ordered unanimously.

TRANSFER OF COUNTY PROPERTY TO CENTRAL BREVARD HUMANE SOCIETY SOUTH BRANCH, RE: TRAILER

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve transfer of a trailer, PR #343-0356, to Central Brevard Humane Society South Branch to provide on-site security accommodations. Motion carried and ordered unanimously.

MEMORANDA OF AGREEMENT WITH BREVARD ANIMAL EMERGENCY CLINIC AND ANIMAL EMERGENCY CLINIC OF BREVARD, RE: EMERGENCY TREATMENT OF INJURED ANIMALS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Memoranda of Agreement with Brevard Animal Emergency Clinic, and Animal Emergency Clinic of Brevard, to provide emergency treatment for injured animals at 50% discount in exchange for animal carcass pickup/disposal at no charge. Motion carried and ordered unanimously.

RESOLUTIONS, RE: AUTHORIZING APPLICATIONS FOR LIBRARY SERVICES AND CONSTRUCTION ACT FEDERAL FUNDS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolutions authorizing applications for Library Services and Construction Act federal funds for West Melbourne, Eau Gallie, and Stone Libraries. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGES REGULATIONS, RE: TITUSVILLE JAYCEES 50TH ANNIVERSARY CELEBRATION AT FOX LAKE PARK

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to waive provisions of Article III, Sections 78-109 and 110 to allow musical entertainment and sale/possession/donation of alcoholic beverages at the Titusville Jaycees 50th Anniversary Celebration at Fox Lake Park on June 8, 1996, subject to the organization providing security through the Sheriff?s Department and general liability insurance to include liquor liability. Motion carried and ordered unanimously.

PERMISSION TO BID AND AGREEMENT WITH FLORIDA DEPARTMENT OF EDUCATION, UNITIZED MEALS FOR SUMMER FOOD SERVICE PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant permission to bid unitized meals for Summer Food Service Program, and execute Agreement with Florida Department of Education to fund the program. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATION FROM BOB STEELE CHEVROLET, RE: LIGHT POLES, GARAGE DOORS, AND AIR CONDITIONING CONDENSER

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to accept fix property of 15 aluminum light poles, three aluminum garage doors, and one air conditioning condenser from Bob Steele Chevrolet estimated at $3,100. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST RUNNERS, INC., RE: USE OF WICKHAM PARK AND SPESSARD HOLLAND COMMUNITY CENTER

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreement with Space Coast Runners, Inc. for use of Wickham Park and Spessard Holland Community Center to provide organized and scheduled jogging and running activities from April 16, 1996 through April 15, 1997. Motion carried and ordered unanimously.

RESOLUTION AND CERTIFICATION OF INFORMATION AND COMPLIANCE FORM WITH FLORIDA DIVISION OF CULTURAL AFFAIRS, RE: GRANT FOR HARRY T. AND HARRIETTE V. MOORE HOMESITE PARK

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution and execute Certification of Information and Compliance Form with Florida Division of Cultural Affairs for a grant for Harry T. and Harriette V. Moore Homesite Park. Motion carried and ordered unanimously.

ACCEPTANCE OF EASEMENT FROM HIGH POINT DEVELOPMENT, INC., RE: BEACH ACCESS AT HIGH POINT CONDOMINIUM

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to accept Easement from High Point Development, Inc. for beach access at High Point Condominium in exchange for breezeway credit. Motion carried and ordered unanimously.

DELETION OF POLICY BCC-35, RE: GOLF COURSE GREENS FEES

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to delete Policy BCC-35, establishing golf course greens fees. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: MEDICAL SUPPLIES AND DRUGS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant permission to bid medical supplies and drugs, and award bid to lowest qualified bidder. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: RESCUE VEHICLES REMOUNTS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant permission to bid rescue vehicles (ambulance units) remounts, and award bid to lowest qualified bidder. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATIONS, RE: VEHICLES FROM WEST MELBOURNE, MIMS, AND GRANT VOLUNTEER FIRE DEPARTMENTS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to accept donations of 1982 Chevrolet Cargo Van VIN#BHG31MXC4125827, from West Melbourne Volunteer Fire Department, 1985 Ford Utility Vehicle VIN#1FDKE30L1FHA89086, from Mims Volunteer Fire Department, and 1992 Ford Utility Vehicle VIN#2FTJW35M5NCA94411, from Grant Volunteer Fire Department. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, AND APPROVAL OF BUDGET CHANGE REQUEST, RE: REHABILI- TATION OF IMPOUNDED SALT MARSHES

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Amendment to Agreement with St. Johns River Water Management District for $111,700 for additional rehabilitation of impounded salt marshes; and approve Budget Change Request amending the budget for receipt of the funds. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF STATE CONTRACT, RE: FRONT LOADER AND TRANSFER TRAILERS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant permission to purchase one John Deere Model 544G front loader off State Contract, and three to seven transfer trailers from County Bid #B-1-6-33, for North Brevard Yard Trash Mulching and Recycling Facility. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: SECURITY SERVICE FOR CENTRAL DISPOSAL FACILITY AND SARNO LANDFILL

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant permission to bid security service for Central Disposal Facility and Sarno Landfill. Motion carried and ordered unanimously.

ADDENDUM NO. 1 TO TASK ORDER NO. 4 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: CONSULTING ENGINEERING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Addendum No. 1 to Task Order No. 4 with Post, Buckley, Schuh & Jernigan, Inc. to provide additional consulting engineering services for Solid Waste Management Department at $23,500. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND PERMISSION TO QUOTE AND AWARD QUOTE, RE: DERELICT VESSEL REMOVAL

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Change Order No. 1 to Agreement with Florida Department of Environmental Protection for $1,850 to remove six additional vessels; and grant permission to quote and award quote to lowest qualified bidder for removal of derelict vessels. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNUAL FINANCIAL REPORT OF CITY OF MELBOURNE?S COMMUNITY REDEVELOPMENT AGENCY

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to acknowledge receipt of Annual Financial Report of City of Melbourne?s Community Redevelopment Agency for fiscal year ending September 30, 1995. Motion carried and ordered unanimously.

PERMISSION TO AWARD BID #B-2-6-64 AND AGREEMENT WITH GENCO, INC., RE: ROTARY RIVERFRONT PARK CONSTRUCTION

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to award Bid #B-2-6-64, Rotary Riverfront Park Construction, to low bidder Genco, Inc. at $89,800; and execute Agreement with the contractor. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-5-6-13 AND AGREEMENT WITH ADVANCED DATA PROCESSING, INC., RE: AMBULANCE BILLING SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to award Proposal #P-5-6-13, Ambulance Billing Services, to Advanced Data Processing, Inc. at estimated annual cost of $155,114, and execute Agreement with the firm. Motion carried and ordered unanimously.

SECOND ADDENDUM TO LEASE AGREEMENT WITH REAL PROPERTIES MLP LIMITED PARTNERSHIP, RE: STATE ATTORNEY?S AND PARKS AND RECREATION DEPARTMENT OFFICE SPACE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Second Addendum to Lease Agreement with Real Properties MLP Limited Partnership for lease of office space for the State Attorney and Parks and Recreation Department from February 1, 1996 through March 31, 1997. Motion carried and ordered unanimously.

SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS WITH BEAZER EAST, INC., RE: MELBOURNE LIBRARY ROOF REPLACEMENT

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Settlement Agreement and Release of Claims with Beazer East, Inc. for Melbourne Library Roof Replacement providing for reimbursement of $62,305.00. Motion carried and ordered unanimously.

CHANGE ORDER NO. 21 WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Change Order No. 21 with Brown & Root Building Company for Harry T. and Harriette V. Moore Justice Center, reducing contract price by $68,572.41 for direct purchase; and authorize transfer of the funds to the direct purchase account. Motion carried and ordered unanimously.

CHANGE ORDER NO. 22 WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Change Order No. 22 with Brown & Root Building Company for Harry T. and Harriette V. Moore Justice Center, for 13-day extension at $28,600 due to inclement weather. Motion carried and ordered unanimously.

RESOLUTION, RE: OPPOSING SENATE BILL 1952

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution opposing Senate Bill 1952 which would reduce protection from lawsuits afforded State and local governments. Motion carried and ordered; Commissioner Cook voted nay.

AGREEMENT WITH THE HEALTH INSURANCE ASSOCIATION OF AMERICA, RE: ACCESS TO HIAA PREVAILING HEALTHCARE CHARGES SYSTEM

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreement with The Health Insurance Association of America, to provide on-line access to HIAA?s prevailing healthcare charges system to serve Human Resources Division in validating insurer allowances for out of network charges. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING MOTORCYCLE SAFETY AND AWARENESS MONTH

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution proclaiming May, 1996, as Motorcycle Safety and Awareness Month. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to appoint and/or reappoint the following:

Country Acres Advisory Board
Marilyn S. Hooper, 1515 N. Indian River Drive, Cocoa 32922, with term expiring April 15, 1997.

Housing Finance Authority
Alan R. Coburn, 109 Tradewinds Terrace, Indialantic 32903, with term expiring April 15, 2000.

Personnel Council
Johnny A. Diggs, P. O. Box 5765, Titusville 32783, replacing Sheila Hutcheson, with term expiring December 31, 1996.

Jack Houts, 237 Chase Road, Cocoa 32927, replacing Bill Gary, with term expiring April 16, 1997.

Community Based Organization Funding Advisory Board
Kenneth J. Carah, 935 Sorrel Street, NW Palm Bay 32907, replacing Jim Plaissance, with term expiring April 15, 1997.

Spaceport Commerce Park Authority
Tom Barnett, 219 Indian River Avenue, Titusville 32796, replacing Lynda Weatherman, with term expiring December 31, 1996.

Commission on the Status of Women
Becky Fay Amos, 347 Robyn Street, Cocoa 32927, replacing Linda Lee, with term expiring June 30, 1998.

Animal Control Dangerous Dog Hearing Council
Michael Spitzkeit, 717 Park Avenue, Titusville 32780.

Art In Public Places Advisory Committee
Dr. Charles Gillespie, 3880 Buteo Place, Titusville, replacing Jondra Moorman, with term expiring April 16, 1997.

MPO Citizens Advisory Committee
Dan Matteson, 2105 Canal Ridge Drive, Titusville 32780, as alternate.
Gil Caulderwood, P. O. Box 32, Scottsmoor 32775, replacing Mike Brady.
Mike Brady, 6630 Arequipa Road, Cocoa 32927, as alternate.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

RESOLUTION, RE: PROCLAIMING TOURISM WEEK AND DAY

Commissioner Ellis read aloud the Resolution proclaiming May 6 through 12, 1996, as Tourism Week, and May 7, 1996 as Tourism Awareness Day in Brevard County and presented the Resolution to a representative of the Tourist Development Council.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution proclaiming Tourism Week and Awareness Day. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MICHAEL FITZGERALD, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER COMMITTEE ACTIVITY UPDATE

Michael Fitzgerald, representing the Harry T. and Harriette V. Moore Justice Center Committee, thanked the Board, Messrs. Jenkins and Knox, and Beverly Cachilli for their assistance; advised they are applying for grants and have several fund raisers in the works; and requested permission to have a wine and cheese reception at the Justice Center before it opens for the legal community. He stated they will tour the facility and be asked for donations; Mr. Knox said there is no precedent that says it cannot be done; and Mr. Jenkins recommended asking the Board for permission.

Chairman Cook advised if there are no objections, Mr. Jenkins can work with the Committee and coordinate the reception activity.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN AVON-BY-THE- SEA - LISA DeYOUNG

Chairman Cook called for the public hearing to consider vacating a right-of-way in Avon-By-The-Sea Subdivision, as petitioned by Lisa DeYoung.

Commissioner O?Brien advised Florida Power & Light Company and City of Cocoa Beach are objecting to the vacating because they have power lines and sewer pipes in the right-of-way.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to deny the vacating of a right-of-way in Avon-By-The-Sea Subdivision, as petitioned by Lisa DeYoung.

Commissioner Ellis inquired if the request is to vacate the entire right-of-way or just a portion of it to meet the setbacks; with Commissioner O?Brien responding the entire right-of-way. Commissioner Higgs noted there may be another option; and suggested the public hearing be continued.

Commissioner O?Brien withdrew the motion; and Commissioner Higgs withdrew the second.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to continue the public hearing on a resolution to vacate right-of-way in Avon-By-The-Sea Subdivision, as petitioned by Lisa DeYoung until May 7, 1996. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN VETTER ISLES ESTATES - ARTHUR T. EGENDOERFER

Chairman Cook called for the public hearing to consider a resolution vacating public utility easements in Vetter Isles Estates, as petitioned by Arthur T. Egendoerfer.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Vetter Isles Estates, as petitioned by Arthur T. Egendoerfer. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN HOLIDAY SPRINGS AT SUNTREE - ROBERT KUSH

Chairman Cook called for the public hearing to consider a resolution vacating rights-of-way in Holiday Springs at Suntree, as petitioned by Robert Kush.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution vacating rights-of-way in Holiday Springs at Suntree, as petitioned by Robert Kush. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE ESTABLISHING UNIFORM ADVISORY BOARD APPOINTMENTS

Chairman Cook called for the public hearing to consider an ordinance amending Ordinance 95-31 establishing uniform advisory board appointments. He advised that the ordinance defines excused absence.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Ordinance amending Division 4, Uniform Advisory Board, of Chapter II, Administration, of the Code of Ordinances of Brevard County, Florida; specifically amending Section 2-212 to provide a definition for an excused absence; amending Section 2-213 regarding absences which shall be deemed a resignation; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE 95-54, EMERGENCY MEDICAL SERVICES ASSESSMENT SCHEDULE

Chairman Cook called for the public hearing to consider an ordinance amending Ordinance No. 95-54 establishing the Emergency Medical Services Assessment Schedule.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Ordinance amending Ordinance No. 95-54, which relates to the provision of emergency medical services in all of the unincorporated and incorporated areas of Brevard County, Florida; providing for an amendment to Section 11, paragraph (b), subparagraph 2, allowing the EMS assessment schedule to be presented to the Board at a public hearing only if an increase to the assessment schedule is being requested; providing for an amendment to Section 25, paragraph (c) allowing for funding by the EMS assessment for the total cost for the EMS service in the Central Benefit Unit; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR ADMINISTRATIVE PERMIT FOR TRUCK PARKING IN RESIDENTIAL ZONING

Chairman Cook called for the public hearing to consider an ordinance providing for administrative permit for truck parking in residential zoning.

Commissioner Ellis inquired about tow trucks being exempt; with Zoning Official Rick Enos responding tow trucks are prohibited now like any other commercial vehicle. Commissioner Scarborough advised the Board talked about it but did not grant the exemption. Mr. Enos advised if the Board wants to allow tow trucks, it needs to delete paragraph (a).5.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to amend the ordinance to delete paragraph (a).5. Motion carried and ordered unanimously.

Commissioner Ellis recommended reducing the 2.5-acre lot to 1 acre. Commissioner Higgs stated she cannot support smaller lot sizes because there would not be sufficient barriers between the neighbors.

Motion by Commissioner Ellis, to amend the ordinance to reduce the lot size from 2.5 acres to 1 acre. Motion died for lack of a second.

There being no further objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; providing for an administrative permit for commercial vehicle parking at residences; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date, as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR ADMINISTRATIVE PERMIT FOR FARM ANIMALS AS PETS

Chairman Cook called for the public hearing to consider an ordinance providing for administrative permits for farm animals as pets.

William Mathews, 134 W. Vanguard Circle, Cocoa, advised a farm animal should not be acceptable in a mobile home park on 1/4-acre lots.

Commissioner Ellis inquired what is the zoning in the mobile home park; with Mr. Mathews responding he does not know, but the lot sizes are mostly 1/4 acre. Commissioner Ellis advised GU allows agricultural pursuits, but the applicant had to pay a $398 permit fee; and that is where this issue began. Mr. Mathews advised his neighbor has rabbits, had ducks, and brought a goat home last night; they cannot sell their home now for what they paid; and if the County allows farm yards in there, they will be in worse shape. He stated farm animals should not be allowed on anything less than a half acre.

Charlie Burns, 5125 Evinrude Road, Melbourne, advised they do not want goats on little lots in trailer parks which are not allowed now; the problem is there are seven different sections in the Code that address animals; some sections are in conflict with others; and they need to be addressed. He suggested the Board change the administrative permit fee for GU zoned property, not include weight restrictions, allow the neighbors to agree or disagree, and direct staff to consolidate all the sections on animals into one ordinance. Mr. Burns stated when Code Enforcement stopped taking anonymous complaints, 50% of the complaints disappeared; and suggested a written complaint be required. He stated the Board used shotgun approaches to kill problems; it passed a noise ordinance Countywide because of a restaurant in Rockledge; and it passed a nudity ordinance Countywide because of Playalinda Beach. He indicated the Board co-signed a mortgage for a private business, Serene Harbor, in violation of the law. Mr. Burns stated he had a goat for ten years; he inquired ten years ago, and it was not a problem; and now it is a violation. He requested the Board?s help.

Tomi Hunter, 5485 Evinrude Road, Melbourne, advised she is here for her father who could not make it; and he wanted to give the Board some papers, and requested they be read completely before ruling on farm animals as pets in GU zoning classification. She presented the documents to the Chairman.

Commissioner Ellis inquired about the conflict regarding animal uses in GU and RR-1; with Zoning Official Rick Enos responding there was discussion about rabbits; rabbits were defined as farm animals; Section 62-2108 prohibits more than one animal; and the Board found that to be unreasonable. He stated whether the Board approves or denies this ordinance, it should send staff back to look at other provisions, some of which are in conflict, and come back with a comprehensive ordinance that addresses the entire issue in one section of the Code. Commissioner Ellis inquired if there is no problem with animals under AU; with Mr. Enos responding AU permits all animals up to four as permitted use, and anything over four requires a conditional use permit.

Chairman Cook advised the ordinance provides one animal per acre with the consent of surrounding property owners. Mr. Enos advised the Local Planning Agency recommended two animals per lot and no minimum lot size; staff recommended maximum weight of 100 lbs.; and the Local Planning Agency recommended 155 lbs. Chairman Cook recommended one animal per acre with consent of surrounding property owners. Commissioner Ellis stated it will not work because they can have one acre and rezone it to RR-1, so it does not address the problem; if they have 1/4 acre in GU, they can apply for a CUP for agricultural pursuits; and that is why the lot size should be deleted. He noted the ordinance is primarily to reduce the permit fee from $398 to $25. Commissioner O?Brien recommended eliminating 1/4 acre and making it all one acre. Chairman Cook stated farm animals are not domestic pets, so a minimum lot size is appropriate. Commissioner Ellis stated GU is not a residential zone; and it is not fair for people who buy in rural areas to try and change the neighborhoods to suburban areas. Discussion ensued on weight restrictions, pot belly pigs, lot sizes, loosening of the regulations, application fee, and GU requirements.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to amend the ordinance to allow a maximum weight of 150 lbs. Motion carried and ordered unanimously.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; providing for administrative permits for farm animals as pets; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date, as amended to provide maximum weight of animals at 150 lbs. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: VESTED RIGHTS DETERMINATION FOR SUNNY DISCOUNT BEVERAGE TO CONDUCT GASOLINE SALES

Chairman Cook called for the public hearing to consider vested rights for Sunny Discount Beverage to sell gasoline.

Attorney Leonard Spielvogel, representing Mr. and Mrs. Bharat Patel and Raj Enterprises, Inc., the owners of Sunny Discount Beverage, located at 2110 N. Courtenay Parkway, Merritt Island, advised his clients opened the business in October, 1989; they leased the property initially, and purchased it in June, 1995; and during that time his clients have not been cited by the State Beverage Department for any violations, never had their license suspended or revoked, never sold beer or wine improperly whether cited or not, and never made application for rezoning or conditional use permits. He stated the Patels never had occasion to visit the County Zoning Division except to sign the application for the building permit, until a stop work order was issued; and the Patels had no knowledge that BU-1-A, which is the zoning on the property, required a conditional use permit for the retail sale of gasoline. He stated his clients applied to the County through the proper procedures for a building permit to install two pumps; they were never notified that BU-1-A did not permit retail sale of gasoline; they received the necessary approvals from Brevard County; and in reliance of those approvals, signed contracts for the tank, pumps, canopy, signage and installation. He stated the total contract price was in excess of $106,000 not including dewatering which was required, and the backhoe rental. Mr. Spielvogel advised when the site preparation began, complaints were received by the County; a stop work order was issued by the County; and his clients are now facing financial disaster. He presented pictures of the site illustrating the condition with the backhoe, dewatering apparatus, pumps, and signage which await installation. He stated present today to respond to questions are his clients Mr. and Mrs. Patel, Richard Bilodeau of Gasoline Equipment Systems, which is the firm doing the excavation, dewatering and installation work, Mr. Manfred Fiech of Euro-Tank and Ecosafe Systems, Inc., which furnished the gasoline tank and related services, and residents who are supportive of his clients? request, and live immediately to the east of his clients? property. Mr. Spielvogel stated the Notice of Administrative Comments advising that they did not meet zoning requirements was indicated as being sent to Euro-Tank with no copy to his clients; in reviewing the notice, he could not find a date of mailing; and the only date that is referenced is the date of review. He presented a copy of the notice to the Board, and stated it shows carbon copy to Euro-Tank, but he does not know what date the copy was sent; Mr. Fiech was in Germany or enroute to Germany from September 19, 1995 to October 14, 1995, and has no record or recollection of having received the notice; and he never notified his clients. He inquired why would something of that importance not be sent to the owner also, and why would it not be sent certified or registered mail to have assurance that the notification would be received by someone who would be in a position to act on it. Mr. Spielvogel advised some of the statements are hearsay to him, so he obtained an affidavit from Mr. Fiech confirming he did not receive the undated notice that the zoning was improper, that he was in Europe on those dates indicated, his firm?s invoice, and site plan approval which he did receive. He stated the other two affidavits, both from Mr. Patel as Manager of Sunny Discount Beverage, confirms the statements he made to the Board this morning concerning the absence of any knowledge on his part of any zoning deficiency, and also has attached to it copies of the contracts and invoices totaling $106,000 owed to Gasoline Equipment Systems, Euro-Tank, McGee Corporation, and Herb Rollins Equipment. He stated the other affidavit confirms the absence of beverage violations at Sunny Discount Beverage.

Commissioner Scarborough inquired if staff concurs with everything that has been set forth and is it staff?s understanding of the facts; with Code Compliance Director John Sternagel responding this is the first time he has seen the contracts, but what Mr. Spielvogel has presented are the facts.

Commissioner Higgs advised the memo from the County Attorney?s Office talks about the possibility of the applicant or the applicant?s representative being advised about the conditional use permit; and inquired if staff can speak to that; with County Attorney Scott Knox responding his understanding is that Mr. Patel?s contractor was sent a copy of the notice that Mr. Spielvogel gave to the Board; and Mr. Spielvogel said the contractor was not in town for an extended period of time and did not receive the notice until it became a problem. Commissioner Higgs inquired if staff has other knowledge of the applicant or the applicant?s representative having talked to anyone on staff regarding the CUP; with Mr. Sternagel responding no.

Commissioner O?Brien requested staff tell the Board how it happened; with Mr. Sternagel responding staff made a mistake, but it was not a failure in the site plan review process or with utilization of the automated computer system. He stated it was a mis-communication between the site plan coordinator and his supervisor; the coordinator may not have fully understood the ramifications of the CUP, and may have relayed the message to the supervisor in a partial or incomplete manner; and based on that mis-communication, the site plan was inadvertently approved.

Chairman Cook inquired who was the supervisor; with Mr. Sternagel responding Mr. Najda. Chairman Cook inquired if that is Mr. Najda?s recollection of what transpired; with Mr. Najda responding that is true.

Mr. Spielvogel advised a mistake occurred; he is trying to keep his client from going out of business; and he met the requirements of Ordinance No. 95-02 in showing an error did occur and his client relied on it to his detriment, changed his position in reliance thereof, and is not in a position to undo it at this point. He suggested relocating the driveway that is close to the residence behind the location, so as vehicles exit the driveway they make a turn to come back to Courtenay Parkway. Mr. Spielvogel suggested closing that driveway, relocating the exit 70 feet further west, and putting a cut through the median which would facilitate egress from the property and move the traffic away from the single-family home to the east, with his client bearing the cost of closing of the old one and opening of the new one and the cut of the median strip. He stated that should improve the situation and make the neighbors feel better.

Commissioner Higgs advised the Board received a memo from the County Attorney?s Office which addressed points of law in regard to whether or not vested rights determination should be made; and in part it says, ?The courts have consistently charged property owners with constructive knowledge of the laws and regulations which affect their property. While it may be harsh to revoke approval when it would also seem reasonable that the government should be on notice of the applicable laws, courts have held that governments are not responsible for the unauthorized act of its employees. It is against public policy to force public officials to sanction a violation of an ordinance; consequently, it is difficult to say that a property owner may acquire a vested right to an action or use which is prohibited by law.? She inquired if Mr. Spielvogel would respond to that; with Mr. Spielvogel responding he is not here to force or coerce the Board; it adopted an Ordinance which gives it the flexibility to afford his client the relief he seeks; and it injects compassion and humanity into something that is a very harsh legal theory, namely constructive notice. He stated lawyers do not know what all the laws are because they are forever changing; and the only edge lawyers have over lay people is they supposed to know where to find the laws; so to say that everybody is imputed with constructive notice is technically correct, but the Board that adopted the Ordinance saw the inflexibility of that rule of law and said if an error is made on behalf of a County employee inadvertently, then if the person comes before the Board and makes a proper case, the Board has the authority to grant a concession. He stated while he may or may not disagree with the interpretation of the County Attorney?s Office, the fact is the Board has an Ordinance, and he is seeking relief under that Ordinance.

Ray Hoffman, 2145 Emerald Court, Merritt Island, representing 60% of the homeowners in Highlander Heights, advised they oppose the gas station; he took a nondescript petition asking each homeowner if they opposed or favored the gas pumps; and he has signatures and results to present to the Board. He stated the mistake was made by the County; the reason there is a Zoning Board is to get the residents? opinions; and they have come before the Board once before when a gentleman on the corner of SR 3 and SR 528 applied to put a service station, gas station, auto parts type store on the corner due north of Mr. Patel?s property. He stated Mr. Patel is an excellent property owner, and takes care of the property, with the exception of a few minor problems. He stated there is not enough room for an 18-wheeler to turn; and presented pictures showing a small beer truck trying to make the turn. Mr. Hoffman advised when the other parcel was trying for the rezoning, the residents had a problem with Lewis Carroll Elementary School being right down the road; anything Mr. Patel does to increase business will increase the problem with the children who walk around his property to go to school; and that was one of the reasons the other application was rejected. He stated the modification would have to be done to keep 18-wheelers from coming down their streets; children come through there only twice a day, but they are still there; and the major mistake is the improvement to the property never went before the P&Z Board. He stated the original site plan has no elevation structure; at no time did the permitting office take into account the runoff or water retention; the water runs from the crest of SR 3 into Mr. Patel?s parking lot; and it will wash the gas down Sykes Creek Boulevard to Lewis Carroll Elementary School, then into Sykes Creek. Mr. Hoffman advised he talked to the federal people in Atlanta, State people in Tallahassee, and St. Johns people in Orlando and Melbourne; and they do not understand how the County did not even look at elevations or water retention. He stated Benzine is a pollutant and a product of gasoline; as long as it is airborne it is not a problem; but when it rains a quarter of an inch an hour the runoff from that property is in the hundreds of gallons. He stated another mistake is that there was no thought of the property behind them; the original drawing shows a dumpster location that butts up to one of the residential properties; and there is grass between the dumpster plot and the pavement, but he does not know of too many garbage trucks that will drive over a grass easement in order to pick up a dumpster. Mr. Hoffman suggested an application for the gas station be resubmitted to the County, all Ordinances be looked at, and the vested rights be denied until the site has been properly gone over by staff and all the issues addressed, including pollution, the children, etc. He stated if the Board allows Mr. Patel to put the gas station in, the others it denied would have legal suits against the County.

Michael Mang, 2135 Garnet Court, Merritt Island, advised when he received a letter stating the inadvertent issuance of a building permit, he recognized it as a mistake; and he understands the concern about runoff, but from the literature he was provided, the gas pumps are the latest state-of-the-art leak proof type. He stated he does not have a problem with the gas pumps, as Mr. Patel is a good man who works hard and should not be denied the opportunity to excel.

Manfred Fiech, 416 SW 14 Street, Ocala, representing Euro-Tank, consultant for the applicant, was available to answer questions; Rick Bilodeau, 1719 Hubbard Drive, Rockledge, contractor for the applicant was available to respond to questions; and Mike Eubank, 1306 Heritage Acres Boulevard, Rockledge, and Eddie Johnson, 1770 Carlton Street, Merritt Island, consultants for the applicant, were available to answer questions on egress/ingress. James Elder, 728 Isar Avenue, Palm Bay, consultant for the applicant, was also present to respond to questions.

Daniel Santarsiero, 2150 Garnet Court, Merritt Island, advised he lives in Highland Heights and supports the request; the Patels are good neighbors; they work hard to keep their property in excellent shape; and there is no reason to deny the request. Vijay Mehta, 2360 Raintree Lake Circle, Merritt Island, advised there is a lot of traffic on Courtenay Parkway; and the gas station is needed to support what is happening on that road. Kiran Patel, 1441 Clearlake Road, Cocoa, and Atul Patel, 44 Bogart Place, Merritt Island, supported having the gasoline facility. Carolyn Alvord, 1355 Bishop Road, Merritt Island, stated she is in favor of the gas station. Patty Olsen, 4325 Sugar Maple Court, Titusville, owner of Island Video, adjacent to Sunny Discount Store, advised there is a lot of traffic in the area; there is a Circle K on the lefthand side of the Road with a gas station that has about the same amount of land as Mr. Patel?s property; the runoff comes from the middle of the road and goes both ways; and the bank across the street is planning to close May 6, 1996 which will relieve a turning process. She stated there are turning lanes on Courtenay Parkway; 18-wheelers will not go into the neighborhoods and would not have reason to go there; and DOT must have addressed it when it approved the permit, so he should be allowed to have the gas station since he has done a lot of things in preparation for it. David Bruce Fouche , 225 Mizzen Court, Merritt Island, located behind Highland Heights, advised Mr. Patel went through all the proper procedures to do the construction and invested a great deal of money and time; he is a successful business owner and outstanding citizen; and someone?s mistake should not destroy his American dream. He stated there are unemployment problems now; it is wrong to take Mr. Patel?s livelihood away; there is a new road from Skyline Drive to Pioneer Road; and when school is open, it will be a one-way street with traffic going straight down and out. He stated the traffic has not been a problem; there is a crossing guard, and parents and school officials are there also; and there was a 7-11 Store approved at SR 3 and Cone Road where the volume of students is phenomenal compared to Lewis Carroll School. Mr. Fouche advised the majority of students are bussed or driven to school; the students who walk live in the neighborhood and would not go through the beverage store parking lot; and it is not fair to have competition across the street and not let Mr. Patel compete. Pete Leavitt, 2195 Friday Road, Cocoa, business partner with Mr. Patel, advised of competition in the area with other gas stations that sell beverages; and stated Mr. Patel is trying to increase his sales and income; and putting gas pumps in will do that and give his customers the ability to buy gas from him. He stated his parking lot is always busy so it is not going to increase traffic; as for the ability to turn vehicles around, there are smaller areas throughout the County where 18-wheelers go in and out easily; so he does not see a problem with that now or in the future and totally supports Mr. Patel having the ability to sell gas and increase his business.

Attorney Spielvogel advised he cannot respond to Mr. Hoffman?s reference to another location because he is not familiar with it, but since he presented a petition, he also has a petition to submit with 983 signatures indicating support, 58 of which are from folks who live behind the place of business, and 116 who are within the 1,000-foot radius to whom notices were given. He read the petition, and noted Sister Ann O?Sullivan, Principal of Divine Mercy School, signed the petition.

County Manager Tom Jenkins advised the site plan was reviewed and approved by a long-time senior reviewer; there is no prior incident where an error of this nature occurred; and Mr. Najda indicated he had no recollection of the conversation that allegedly occurred. He stated he wanted that to be on the record in case any action is required from an administrative standpoint; and inquired if Mr. Sternagel and Mr. Najda confirm what he said. Mr. Najda stated he agrees, and Mr. Sternagel stated that is true. Chairman Cook stated he hopes efforts are now in place that will prevent it from happening again. Mr. Sternagel advised they have an electronic tracking process that requires each agency to approve the site plan; in this case, zoning showed a ?D? for denial; and he will require a printout of that screen to be attached to the site plan before it is given final approval.

Discussion ensued on the curb cut, traffic, relocating the driveway, ability to turn, drainage, pollution, runoff, impervious surface, dumpster location, and setbacks.

Commissioner O?Brien advised Mr. Patel has put in approximately $103,000; if the Board does not grant the vested rights, the taxpayers could be in jeopardy for a lot of money; and it is not appropriate to deny his request when other gas stations are located on several corners, so he will move for approval with conditions.

Motion by Commissioner O?Brien, to grant vested rights to Sunny Discount Beverage to operate gas pumps as part of its convenience store operation, subject to (1) Mr. Patel working with County Engineering staff to make a curb cut and abandon egress/ingress to Skyline Drive, a median cut, water runoff retention, and make the corner safer for children attending three schools in the area; (2) planting vegetation along the wall between the home and property without blocking the sight of children on the sidewalk; (3) providing sidewalk improvements, beginning at the edge of the property up to Courtenay Parkway, and from Courtenay to the adjacent property to the south, widened to five feet; (4) directing all 18 wheelers to use the curb cut and not drive down Skyline Drive; (5) moving dumpster into the present driveway and opaqued with a fence or something on three sides so it is not unsightly; and (6) locating signs outside of Courtenay Parkway right-of-way.

Commissioner O?Brien inquired if Mr. Spielvogel?s client is amenable to those conditions; with Mr. Spielvogel responding some of them are relatively easy, the representatives of the beer distributors are here today and he can get a commitment from them in writing that they will go out to Courtenay Parkway and not down Skyline; and he does not see a problem putting an enclosure around the dumpster to make it more attractive. He stated as to the safety measures, he would request they be allowed to work with County staff and come up with something that will make the corner safer if they can. Commissioner O?Brien advised his motion meant to work with staff for safety solutions for the children coming from the schools from 7:30 to 8:30 a.m. and 2:30 to 4:00 p.m. Mr. Spielvogel inquired if one condition is to plant vegetation along the property line to the east or along the roadway; with Commissioner O?Brien responding to the east along the wall as a noise buffer; and noted Mr. Patel may consider beautification along SR 3, but it is not a condition.

Chairman Cook called for a second to the motion. Commissioner Scarborough seconded the motion.

Commissioner Scarborough stated staff has not examined the curb cuts, etc.; and inquired if the plan can be altered to make it work; with Commissioner O?Brien responding the motion said to move it east or west or wherever would be best, and Traffic Engineering may change it so the trucks can make the turn.

Commissioner Higgs inquired if Assistant County Attorney Christine Lepore?s memo on vested rights determination of April 5, 1996, saying Mr. Patel had knowledge of the CUP was based on the sending of the notice to Ecco-Safe or Euro-Tank; with Ms. Lepore responding yes. Commissioner Higgs inquired if Ms. Lepore has other knowledge that Mr. Patel knew of the CUP or had direct contact with staff; with Ms. Lepore responding no. Commissioner O?Brien stated it is obvious that Mr. Patel never knew of any denials and the affidavit submitted proves that the Euro-Tank Corporation representative was out of town and did not admit to receiving notification of that denial. He stated if it was sent certified mail, that claim could be disputed.

Commissioner Scarborough stated there are several options; the Board can grant vested rights because staff did something the applicant acted on in reliance; it could deny and compensate for the damages; and it could deny with no compensation and make Mr. Patel apply for a CUP; however, he will support the motion because it is the best of all the options for the parties concerned.

Chairman Cook stated sending those notices certified mail would provide a record whether or not people receive them.

Commissioner Higgs advised the Board could deny the vested rights based on several points; the contractor signed and certified that all information is accurate and all work will be done in compliance with all applicable laws regulating construction and zoning; it is clearly posted that applicants receiving building permits are not relieved of the responsibility in other areas; and this may be the best solution, but it is a difficult position for the Board to be in. She stated a building permit does not relieve someone of the responsibility to comply with the laws; although the County committed an error, there was also an error committed by the contractor or his agent by not checking out fully all the applicable laws and being familiar with them; and this is not a perfect solution, but she will support the motion as the best solution; however, the Board has to recognize there are responsibilities on both sides and not take all the blame.

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

The meeting recessed at 11:16 a.m. and reconvened at 11:33 a.m.

REPORT, RE: AGENDA ITEMS FOR CITY OF WEST MELBOURNE

Commissioner Ellis advised Mr. Ryan, City Manager of West Melbourne was here; he will be back later this afternoon; there are two items on the Agenda that concern West Melbourne, VI.E.2 and 5; and Mr. Ryan requested when the Board gets to VI.E.2, if it could hear VI.E.5 after that so West Melbourne staff can hear both items and get back to the Council meeting tonight.

Chairman Cook advised that will be fine.

PERSONAL APPEARANCE - ROB FONTAINE, ROBO ENTERPRISES, INC., RE: EXPANSION OF BARE ASSETS I

Rob Fontaine advised they are interested in expanding the Bare Assets building; and according to the Land Use Ordinance, there are no provisions which would allow them to do that nor is there a provision that would allow the Board to grant him a variance or any other mechanism to get it done. He requested the Board direct staff to put something into the Land Use Ordinance that would allow him, if he wished, or anyone else, to have the ability or right as any other business owner to come and ask the Board for a variance or waiver or whatever it would take to expand their businesses.

Chairman Cook asked the County Attorney to address the issue.

County Attorney Scott Knox advised Mr. Fontaine wants to expand his facility to a non-adult nightclub on the property adjoining the current establishment, and there is nothing in the Code Book that allows that to occur; and what he is asking for is a provision that would allow it to take place. He stated Mr. Fontaine claimed it would not be an expansion of the adult establishment, but an expansion that would incorporate a non-adult nightclub.

Chairman Cook inquired if it would be a facility for under-aged children; with Mr. Fontaine responding no, it would be for dancing, etc. He stated he wants to expand to the north of the current building, so they would be adjoining, but have separate entrances. Chairman Cook inquired if it would expand the current facility; with Mr. Fontaine responding yes it would, and the Code does not allow that.

Commissioner Scarborough advised staff?s recommendation is to refer it to the County Attorney?s Office; and inquired if the County Attorney is prepared today, or should the Board ask him to look into it further. Mr. Knox advised there is nothing that covers the request in the Code Book; and if the Board wants to incorporate something in the Code, his Office would want to look at it.

Chairman Cook advised the original Adult Entertainment Ordinance was to prevent the expansion of those existing structures; with Mr. Knox responding that is in the Ordinance now. Chairman Cook stated if the Board sends it back, it would want to look at changing that in order to accommodate the request; with Mr. Knox responding if the Board decided it wanted to accommodate this type of change, they would have to look at the whole scheme of how the Ordinance was put together and how it will affect every other adult entertainment establishment. Chairman Cook stated if the Ordinance says they cannot expand those establishments, even though technically he is asking for expansion to a non-adult type facility, it is still attached to a facility which is currently an adult facility; and that gives him a problem.

Commissioner O?Brien advised those clubs are called adult entertainment, but should be called topless clubs which is the right name for it; it is a shameful blight upon community standards and an embarrassment to any woman in the community with self-integrity; the expansion is nothing more than a ploy to bring in more people and continue the operation; and he will not support any expansion.

Chairman Cook advised Mr. Fontaine there is no inclination on the Board to look at his request at this time.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCES REGULATING LIVE-ABOARD VESSELS

Chairman Cook advised he was contacted by Warren McFadden regarding numerous problems with live-aboard vessels; and the area he lives in is part of Merritt Island that falls within District 4.

Commissioner Ellis advised the provisions for footage within 300 feet of residential property or a public boat ramp should be further researched by staff; and inquired if it is in open water outside of a marina; with Assistant County Manager Stephen Peffer responding yes, the ordinance would apply as a riparian issue to residential property, so it would be 300 feet directly offshore.

Chairman Cook inquired if it would exempt marinas; with Mr. Peffer responding it would not apply to marinas because they are not residential property. Commissioner Ellis stated a marina may be within 300 feet of a residential property. Assistant to the County Administrator Peggy Busacca advised the intent is not to moor a live-aboard where it would cause problems with navigation; and entrances to marinas are high traffic areas, but in a marina it is different. Commissioner Ellis inquired by having everything defined by distance, will it conflict with a ship that is in a marina at a dock within 300 feet of residential property. Chairman Cook stated that can be clarified.

Commissioner Scarborough distributed a chart from F.I.T. dealing with fecal coliform loading that occurs, and explained the factor of treated affluent as opposed to one person?s fecal coliform. He stated the impact of boats not being monitored has an impact on a river much larger than realized; there is a bill before the Legislature now, and clammers are supporting it; and he asked staff to look into a few issues, but it will be a couple of weeks before it comes to the Board.

Discussion ensued on tablets that will show dumping of waste in the river, illegal dumping of waste in the river, public and private pumping facilities, captains of boats keeping logs on pumping, maps be provided with the ordinances showing the 300-foot distance, location of pumping facilities, and shellfish harvesting areas, and designating areas for mooring of live-aboard vessels.

Commissioner O?Brien suggested the Board send a letter to the Coast Guard Auxiliary asking the reservists who go out on Zodiacs to stop by live-aboard boats and ask to review the logs on a monthly basis. Chairman Cook recommended Mr. Peffer look at existing laws and whether those are being enforced rather than making new laws. Commissioner Higgs advised the ordinance should prohibit live-aboards in designated shellfish harvesting areas.

Commissioner O?Brien advised there are two drafts of the ordinance; and inquired which draft staff wants to advertise; with Ms. Busacca responding one ordinance removes the existing requirements for live-aboards from the Zoning Code because it is not a zoning issue and should be in another part of the Code so the Sheriff?s Department can be the enforcement agency, and the other ordinance establishes the requirements.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to grant permission to advertise public hearings to consider ordinances regulating live-aboard vessels; and direct staff to provide maps depicting the 300-foot areas and shellfish harvesting areas. Motion carried and ordered unanimously.

The meeting recessed at 11:57 a.m. for Executive Session regarding Prince Contracting and Miorelli Engineering, and reconvened at 1:02 p.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, PROPERTY SEVERANCE

Chairman Cook called for the public hearing to consider an ordinance amending Chapter 62 regarding property severance.

Code Compliance Director John Sternagel advised the proposed ordinance will allow severance of approved site plans at staff level after the County Development Engineer insures that the severed site does not conflict with existing land development regulations.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Brevard County, Florida, specifically amending Article VIII, Section 62-3204(g)(8)b entitled ?Site Development Plan Submittal and Approval Procedure?; providing for review of proposed use of severed lands which are part of a prior approved site plan; providing for severability; and providing for an effective date. Motion carried and ordered unanimously.

STAFF REPORT, RE: SPEED HUMP COST SHARING

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to keep the current policy on speed humps.

Commissioner Ellis stated he does not support the current policy, because when a bunch of people come to a meeting and say they want a speed hump they get one, and it comes from the MSTU funds; the County has been putting speed humps in where they do not meet the requirements; the MSTU money is paid for by all the residents of the District, not only those on that street; and it is not proper to do speed humps in that manner. He stated if people have to put money in, the Board will find out how badly they want it. He stated the current policy does not mean anything because even if it does not meet the requirements they get the speed hump funded 100% from the MSTU funds. He stated if the Board is going to approve speed humps that do not meet the requirements, it should have 50% matching funds from the residents.

Chairman Cook stated there should be a policy that speed humps are the last resort; currently it requires 75% of the residents; but there are other traffic engineering options that should be tried prior to installation of speed humps, such as signage. He stated it may not work in all cases, but speed humps should be considered only after other things are tried.

Commissioner Scarborough stated human safety is a major thing; residential streets generally have children; and any of the requirements can be questioned, such as speed humps should be installed where 60% of the motorists exceed the speed limit by 10 mph, because if 5% of the speeders are going 80 mph and drag racing when the children are getting off the bus, that may justify something. He stated in each case the Board listened to evidence and tried to weigh whether it is prudent or not; it takes MSTU money to pave dirt roads where just a few homes are built; and if it applies funds to save a child?s life, it is money well spent.

Discussion ensued on safety issues, deferring other projects, trying other alternatives, assessments, and enforcement of the laws.

Chairman Cook called for a vote on the motion. Motion carried and ordered; Commissioner Ellis voted nay. ACCEPTANCE OF DEED OF CONVEYANCE FROM EUGENE K. BJERNING, TRUSTEE, RE: ROAD RIGHT-OF-WAY EAST OF NORTH COURTENAY PARKWAY

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to accept Deed of Conveyance from Eugene K. Bjerning, Trustee, for right-of-way in Section 35, Township 24S., Range 36E., located east of North Courtenay Parkway. Motion carried and ordered unanimously.

STAFF COMMENTS, RE: CITY OF TITUSVILLE?S COMPREHENSIVE PLAN AMENDMENT 96-1

Growth Management Director Susan Hann advised the majority of the information in the Plan amendment being processed by the City of Titusville was prepared by the City staff and reflects its analysis; there is some documentation reflecting County staff?s analysis; and the summary and draft letter to the City are in the Agenda Report. She stated staff has concerns about the formation of enclaves, splitting property boundaries, and potential drainage problems they want to bring to the City?s attention so they can work on those items as they progress through the City?s process.

Commissioner Scarborough advised what staff has done is appropriate; he received a call from Bob Socks asking not to support it, but there needs to be communication between staffs; there is nothing inappropriate in raising issues; and if the Board does not fully understand the facts, then the City can explain them.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize staff to send a letter commenting on the annexations contained within the City of Titusville?s Comprehensive Plan Amendment 96-1.

Commissioner O?Brien inquired if the County allows annexation, will the roads and streets be annexed; with Ms. Hann responding the streets are not an issue, although some of the drainage ditches are; and they are trying to work that out with the City. She stated the adopting ordinance for the City will not occur until May or June, so there is time to make formal comments. Commissioner O?Brien stated he would have a tough time supporting annexation unless they took everything.

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

PERMISSION TO CONTRACT WITH VERA ZIMMERMAN, AND APPROVAL OF BUDGET CHANGE REQUEST, RE: BREVARD COUNTY HISTORY BOOK, VOLUME II

Chairman Cook advised he does not oppose the total amount, but wants documentation on what is taking place when Ms. Zimmerman invoices the County.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Historical Commission to contract with Vera Zimmerman for consultant services to coordinate the Brevard County History Book, Volume II, to include specifics on items completed; and approve Budget Change Request to establish a budget for the project. Motion carried and ordered unanimously.

Commissioner O?Brien inquired if the County was reimbursed for the $20,000 loan to the Historical Commission; with Planner II Todd Peetz responding the Historical Commission did not use the $20,000 loan; it has paid off the debt for the first Volume; and now it is $15,000 in the black for the second book. Commissioner O?Brien recommended advertising the book. Mr. Peetz advised they can get the book at the Planning Office or Growth Management Office and can call 633-2069.

MEASURABLE OUTCOMES, RE: NEW LIFE OPTIONS, INC.

Assistant County Manager Joan Madden advised the report on New Life Options, Inc. has been reworked, and she hopes it is acceptable.

Commissioner O?Brien stated they have five active clients; and 60% of the clients present themselves appropriately groomed, which is 3 people. Ms. Madden advised the contract was for five clients; consequently, the goals are established based on that number; and grooming and realigning the lives of brain-damaged and spinal cord injured people are the goals of the organization.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of the Measurable Outcomes Report on New Life Options, Inc. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACTS, RE: CONSTRUCTION OF PARK PROJECTS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to bid, award bids to lowest qualified bidders, and authorize the Chairman to execute Contracts for Fox Lake Pavilion Repairs, W. W. James Concession/Restroom, Scottsmoor Landing Park, Kiwanis Island Roof, Travis Park Roof, and Lake Washington Park. Motion carried and ordered unanimously.

TERMINATION OF LEASE AGREEMENT, RESOLUTION, AND LEASE AGREEMENT WITH CANAVERAL PORT AUTHORITY, RE: JETTY, PORTS END, AND FREDDIE PATRICK PARKS

Commissioner O?Brien advised the Board went through the process last year to return Jetty Park and the other parks at Port Canaveral back to the Port Authority; and the Portr stated it will spend close to $3,000,000 improving Jetty Park, and assured there will be public access to the jetty and beach.

Chairman Cook stated he opposed privatizing operation and maintenance of Jetty Park originally because it is something the County could do; it will be a revenue generator for the Authority and could have been for the County; but he understands the intent to privatize. He stated it says it will be self-supporting by user fees; and his concern is those fees going out of sight and only tourists will be able to use the Park which was intended for use by the residents. Commissioner O?Brien stated the County did not have $3,000,000 to invest in Jetty Park to make it viable again; the Port can put that money into it; so it is a good deal for the public. He stated the user fee is for the camping and not to fish off the jetty or go swimming. Chairman Cook expressed concern about giving beach and riverfront property to another agency. Commissioner O?Brien stated it was lying fallow and could not be maintained, but now the Port will be able to improve it, and the public will be able to use it.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Lease Termination Agreement with Canaveral Port Authority effective December 4, 1995 for Jetty Park; adopt Resolution authorizing the lease of property to Canaveral Port Authority, and establishing lease term and rental amount; and execute Lease Agreement with the Port Authority for Jetty, Ports End, and Freddie Patrick Parks. Motion carried and ordered unanimously.

DISCUSSION, RE: OFFICE SPACE AT MERRITT ISLAND SERVICE COMPLEX FOR MERRITT ISLAND REDEVELOPMENT AGENCY (MIRA)

Commissioner Higgs advised it would be appropriate to approve Option 2 which provides for $3.25 per square foot from Merritt Island Redevelopment Agency for office space.

Commissioner O?Brien stated MIRA will pay its phone bill and pro-rated share of electricity; it has worked hard to cut costs; and there are other agencies that get free space. Commissioner Higgs advised MIRA gets an incremental revenue from taxes every year; and $2,112.50 per year is not asking too much since it gets significant tax revenues. Commissioner O?Brien stated the incremental taxes were insufficient to cover operating costs; the MIRA Board has acted responsibly to turn it around and cut costs, but it still has insufficient funds to meet obligations with Sun Bank; so for an agency that has been hit hard financially, he would like to approve Option 1.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize moving MIRA to the Merritt Island Service Complex at no charge for rent.

Commissioner Ellis advised MIRA is an independent tax setup, and shifts tax dollars; those who would benefit from incremental increases in taxes in the General Fund contribute towards MIRA; and he does not want to get MIRA healthy by shifting its expenses to other taxpayers. He stated MIRA has never offered a plan on when it will end.

Commissioner Scarborough stated there will come a time when those properties will go back on the tax roll at full value; and the sooner it gets paid off, the sooner the County will give real dividends to the taxpayers; so it is not giving away money, but bringing money home sooner. Commissioner Ellis stated shifting expenses to other taxpayers is a concern. Chairman Cook indicated it can be addressed during the budget hearings.

Economic Development and Legislative Affairs Director Greg Lugar advised staff was instructed to come back in four months with the financial picture and a proposal; the Board suggested its Financial Advisor Tom Holley look at the current instrument with Sun Trust; and they hope to come back with a total picture of the Agency?s dollars soon.

Commissioner Ellis stated MIRA should be like any other enterprise fund that reimburses the General Fund for General Fund expenses; and that is not what the Board is doing here.

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

DISCUSSION, RE: CONFLICT OF INTEREST DISCLOSURE OF MIRA MEMBERS

Chairman Cook advised he received a letter from the Attorney that addressed Chuck Maxwell, but that was not his question; and his question was if MIRA Board members have to file conflicts of interest if they have an interest in property that is coming under the MIRA Board.

County Attorney Scott Knox advised the statute provides for an exemption for community redevelopment agency members; and if it is to be changed, the Legislature has to change it. He stated the appropriate step would be to pass a resolution suggesting a change to that legislation.

Discussion ensued on asking the MIRA Board members to disclose any interest they have in the area, making disclosure a condition of the Board?s cooperation in helping MIRA get back on its feet, and making it a condition of appointment.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct the County Attorney to draft a letter for the Chairman to sign requesting the Legislative Delegation ask for changes in that legislation, and draft a memo to the Board outlining potential options to implement immediately the State law regarding conflict of interest.

Commissioner O?Brien recommended asking the Chairman of MIRA to explain why the law was written that way before taking action, which has been a general procedure of the Board; with Commissioner Higgs responding when the Board has alternatives, the MIRA Board can comment at that time. She noted the Board sent a letter to the Housing Authority this morning and nobody was here to address that.

MIRA Board member Chuck Maxwell advised he believes the law reads that a board member does have to disclose a conflict of interest, but he can vote after disclosing it. Chairman Cook advised the County Attorney can bring that back with the options.

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

AUTHORIZATION TO USE ADDITIVE BID ALTERNATES, RE: MERRITT ISLAND PUBLIC LIBRARY

Commissioner Ellis inquired if additive bid alternates are straight now, because there were problems with the Wickham Road project; with Facilities Construction Director Joseph Vislay responding it was used for the North Brevard Public Library project and worked well; they took advantage of the competitive bid environment; and they got other items for the project they would not have been able to obtain otherwise. County Manager Tom Jenkins advised the key is to let all the bidders know in advance the order in which the alternatives will be selected.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the use of additive bid alternates for the construction and renovation of Merritt Island Public Library. Motion carried and ordered unanimously.

DISCUSSION, RE: MANDATORY CONSTRUCTION PRE-SOLICITATION CONFERENCES AND INCLUSION OF BUILDER?S RISK INSURANCE IN CONSTRUCTION SOLICITATION

Management Services Director Michael Managan advised Policy BCC-24, Procurement, has been changed, recommending the County Manager determine mandatory attendance at pre-solicitation conferences; and on all solicitations, the Risk Manager will establish insurance requirements based on exposure to loss.

Commissioner Higgs recommended the Risk Manager be replaced with the County Manager as a more appropriate policy position for the Board. She stated the Board should delegate responsibility to the County Manager.

Commissioner O?Brien advised the changes are pro-minority and pro-small business which will help Brevard companies.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the County Manager to approve mandatory construction pre-solicitation conferences, and establish insurance requirements on all solicitations with input from the Risk Manager. Motion carried and ordered unanimously.

DISCUSSION, RE: BOARD MEETINGS

Commissioner O?Brien advised Option 3 reduces the number of items requiring Board action; on the Consent Agenda there were approval of sidewalk agreements; and the Board should delegate more to the County Manager rather than micro-manage. He stated research sometimes is not all there and sometimes items are brought to the Board in an untimely manner; and recommended staff get items that require more study by Commissioners to them two weeks in advance, and Mr. Jenkins make a list of items that could be delegated.

Commissioner Ellis stated in ten minutes 98% of the Consent Agenda is passed; so he prefers to see them come through the Consent Agenda. He noted the items are rarely pulled off; it Is better for the Board, if it is to be in charge of the County, to have a consent agenda; he can understand it if each item is voted on individually; but the number of items on the consent agenda is not the problem that slows the meetings down. He stated the problem has been not sticking to three meetings a month which caused the Board to have excessively long meetings.

Chairman Cook stated he is not adverse to adding a meeting if that is what it takes. He stated there are a couple of things that play into the long discussions; one is the Sunshine Law; there are times when there is a lot of discussion, but that is good for the public and the Board; plus the Board?s policy is to allow citizens to speak; and sometimes there are a number of citizens speaking which takes time, but the Board needs that input and it is positive. He stated at a minimum the Board needs three regular meetings, otherwise the meetings will just go on and on.

Commissioner Ellis stated the Board does not have to add a meeting if it adheres to three meetings per month.

Discussion ensued on reducing the number of items requiring Board action, vacatings which are required by law to come to the Board, shorter meetings being more public friendly, more meetings with shorter agendas, starting the 5:30 p.m. meeting at 1:30 p.m., defeating the purpose of a night meeting, adhering to three regular meetings a month, Commissioners disciplining themselves to move the meeting along, benefit to be out at noon and return to the Office to answer phone calls, etc. rather than getting back after dark, and very little discussion not serving the public interest.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to add a Tuesday Board meeting at 9:00 a.m. per month.

Commissioner Higgs inquired if the Board will have three day meetings, one evening meeting and the Zoning meeting; with Commissioner Scarborough responding it will give the Board the ability to get out before the day is over and accommodate people more readily.

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

Assistant County Manager Joan Madden advised they will need to amend the contract with Brevard Community College for televising meetings; with Commissioner Ellis responding it should not be a great amendment because the meetings will be shorter. Chairman Cook advised staff to work it out.

The meeting recessed at 1:58 p.m., and reconvened at 2:11 p.m.

RECOMMENDATION OF CDBG BOARD, RE: MICCO COMMUNITY CENTER

Wally Kramer, 9606 Mockingbird Lane, Micco, advised the Engineer?s report on Allen Avenue is very favorable, and dispels the rumors and lies that the site is a foot under water, is a dump site, and will cost $26,000 an acre to fill; and a green flyer states the ballfields will be too close to the railroad tracks, and it will double taxes for two parks. He stated the site is full of ponds, lakes and wetlands which can be enhanced with benches, rustic shelters, fishing spots, mulch trails, native plants, and cypress trees; and funds are available from St. Johns River Water Management District and Stormwater Assessment for some of the projects. Mr. Kramer suggested environmental outdoor classrooms, creating a savannah setting, water prairie and water retention; and urged the Board to honor the election and select the Allen Avenue site.

Jeanne Osborne, 100 Cherokee, Barefoot Bay, Chairman of the South Mainland Community Center Advisory Committee, advised the Committee was appointed to study, develop and present to the CDBG Advisory Board and the Board of County Commissioners a plan for the site and building for the community center in Micco; and after much study, compromise, and change, they presented their proposal, and believe it represents the desire of the majority of residents in the designated target area. She stated the Committee has completed the task assigned to it; it is time to move forward with the community center and bring all groups within Micco together; and requested the Board honor the results of the straw ballot and approve the Allen Avenue site.

Donald Miller, 708 N. Bougainvillea, Barefoot Bay, President of Barefoot Bay Homeowners Association, advised the Board set up the election so the people in the target area would vote on where the community center would be placed; the target area included the southern part of Barefoot Bay; and had it not been for the southern part of Barefoot Bay, the target area would not have qualified for the grant because it did not have enough people in the income range in Micco to warrant a grant being awarded to them. He stated people are saying the residents in Barefoot Bay should not have been allowed to vote because the results came out for the Allen Avenue site; the Board said it would honor the straw ballot however it came out; and requested the Board do that.

Frankie Schott, 3545 Heather Lane, Micco, advised Mr. Kramer presented such a beautiful scenario that the Board should get the St. Johns District to develop all its property into an environmental center. She stated because the County did not have the money, they were encouraged to go to the CDBG Advisory Board for funds; they sought the guidance of Jack Masson and were comfortable with his recommendations; his projections of their future needs were rational; and the proposal approved by CDBG and this Board had letters of support. She read a letter from Parks and Recreation Department endorsing the CDBG application for architectural and engineering expenses for the proposed community center at Micco Park; and advised of letters of support from River Groves Homeowners, Micco Homeowners Association, Friends of Sebastian River, Camille Johnson, Director of Micco Library, Snug Harbor Lakes Community Center, and Bonnie Keller, owner of Riverview Mobile Home Park. Ms. Schott advised of the establishment of South Mainland Community Center Advisory Committee and its membership, a newsletter from Little Hollywood Association with a letter from Margaret Harland to stop the community center being placed in Micco Park and attend the meeting; more than 50 residents from Little Hollywood showed up at the meeting and were allowed to vote on the issue which was not fair; and the community became divided because of that action. She indicated most of the members on the Committee did not live in the target area, and not one low-income family was represented; and stated that is the root of the problem and it will never bring the community back into harmony until it is rectified. She requested the Board honor its original support for a community center in Micco Park.

Harriett Williams, 3990 11 Street, Micco, former Vice President of Micco Homeowners Association and one of the originators of the Micco Community Center grant, advised of a meeting in March, 1994 in Commissioner Higgs? Office where Jack Masson presented a sketch of the center in Micco Park; stated in June, 1994, he supported the presentation to the CDBG Board; in July, 1994 they were awarded $42,000 for A&E and later an additional $200,000 for the center in Micco Park; in November, 1994, Commissioner Higgs appointed a committee; and inquired why was there a need for the South Mainland Advisory Committee to serve beyond the target area. She advised of the traffic pattern in the area; stated the request for the center was inspired by a recognized need for the children to have programs; and noted the Allen Avenue site is next to a double set of railroad tracks where trains stop to let other trains pass and homeless people could get off which could be a hazard to the children and invite vandalism. Ms. Williams stated an eight-foot fence could be a challenge to the children; there have already been instances of vandalism from homeless people breaking into recreational vehicles stored inside a ten-foot fence; and urged the Board to put the welfare and safety of the children first. She stated the controversy over the change in location has divided the community for two years; and requested a resolution that the Board will never create an advisory board after a grant is awarded negating the original intent.

George Koraly, 9868 Riverview Drive, Micco, apologized for a mis-statement referring to Sebastian Woods as a PUD, and stated it does not alter the fact that the developer is obligated to develop the roads in the project. He advised of pictures previously presented to the Board on the campers and boats in Barefoot Bay recreational storage area, part of the target area for low and moderate income residents; and stated the price range for the motor homes is as high as $80,000. He stated according to the Postmaster 30% of the residents use the Barefoot Bay homes for their winter vacations; unfortunately, the 1990 census includes those folks in the target area; the results of the voters in Precinct 106 demonstrated the will of the people who are really in the target area; and the Board should consider the ethical and logical results of the straw ballot to determine the site for the community center. Mr. Koraly advised the proposal from the Committee did not include retention pond requirements; the existing pond at Micco Park could accommodate the reduced pervious surface; and it would result in a considerable reduction in cost. He stated the water table at the Allen Avenue site bothers him; and indicated if the site is chosen, he will dig a perc hole to the water level, pay for a laser survey from the railroad track to determine elevation and site location, and would offer $100 giving ten to one odds that the water table would not be lowered more than six inches. He stated he asked for the logical, practical, and economic reason why the community center should not be placed in Micco Park and did not receive a response; and noted the question begs an answer.

Cheryl Bruns, 9737 Riverview Drive, Micco, presented pictures and a booklet entitled ?Phantasmagoria? depicting the size of the Allen Avenue site in November; and stated it shrunk in December and again in February, and today it is smaller than Micco Park. She stated Commissioner Ellis does not want to purchase three lots on the unnamed road, so it will shrink even more; and the Board is not doing what they voted for, because they voted for a bigger park. She explained a plat map depicting Allen Avenue, Micco Park, and the streets children will have to walk on to attend summer recreation activities in the community center. Ms. Bruns advised they contacted Representative Dave Weldon because they were upset that the grant was messed with for two years; the grant was awarded to Micco Park; they have been fighting and are tired of fighting for it; and she wants to know why the committee was set up after the grant had been awarded. She requested the Board adopt a resolution that this activity that has torn their community apart, the creation of a new entity opposed to putting the center in Micco Park, never be considered again.

Peter Player, 3685 Main Street, Micco, advised he is here to speak about the integrity of the non-binding straw ballot that took place on March 12, 1996; integrity means uprightness of character, honesty, the condition, quality or state of being complete or undivided; and unfortunately that did not happen on the non-binding straw ballot. He stated a group of proponents of the Allen Avenue site constructed and delivered political brochures throughout the community concentrating on Barefoot Bay south of Micco Road; if the Board reviewed the packages Ms. Schott handed out it will see the misleading information and direct lies the literature contained; the costs were not accurate and were in direct contrast with the packages issued by County staff; and the group lied about letters of support from several organizations in order to persuade voters to vote for the Allen Avenue site. He stated they brought evidence today that the group favoring the Allen Avenue site violated every Americans? right of integrity during the election procedure; the integrity and sanctity of public comment were destroyed before the March 12 election; it was premeditated; and that behavior is not acceptable to any citizen and is not a good foundation to set for the children. Mr. Player advised Precinct 106 voted 200 to 161 to build the community center where it belongs, in Micco Park; the vote in Precinct 19, which is Barefoot Bay, should be null and void; the group of misguided citizens mis-directed the community center away from Micco Park using undesirable methods; and they put the children of Micco in the cross fires of a political gun and pulled the trigger. He requested the Board not punish the children of Micco by depriving them of a community center in Micco Park. He stated if the center is built on Allen Avenue under corrupt circumstances, it will be constructing a building without moral fiber; the true foundation of the center stands within the people?s moral consciousness towards the community; and requested the Board support Micco Park and help restore the integrity and moral character of their little town of Micco. He read from Matthew, Chapter 12, Verse 33, ?Either make the tree good and its fruit good, or else make the tree corrupt and its fruit corrupt, for the tree is known by its fruit.?

Ed Arens, 3700 Bay Street, Micco, President of Micco Homeowners Association, advised he is tired of the controversy ripping their community apart and has done everything in his power to stop it as quickly as possible. He stated they refrained from taking a position on this situation; felt the straw ballot, which started out as a referendum, would answer the questions; and in the minds of many residents it has. He stated after five sites were proposed, the Allen Avenue site was selected; it is the right site for the future of Micco; he is concerned about the safety of the children as anyone else is; and done properly with bikepaths, etc. it can be beautiful. He noted the letters of support submitted previously were from 1994.

Attorney David Azar, 2006 Vernon Place, Melbourne, representing Concerned Taxpayers from Micco, advised the letter from Reverend Edward Buckner to Commissioner Nancy Higgs dated August 11, 1995, states, ?The Board recommends to the Micco community that it resolve its differences on principal rather than personalities or politics.? He stated after the letter was submitted, the County requested an engineering study from Bussen and Mayer which was dated February 14, 1996; it talks about a comparison of the two sites, and potable water; and a new well was located in Micco Park so there is potable water there, but he is not sure if a study has occurred to determine the availability of potable water at the Allen Avenue site. Mr. Azar advised the study states Micco Park is approximately 14.5 acres and Allen Avenue site is 11.6 acres; that is a substantial difference of over three acres; and the conclusion of the engineers states ?due to the configuration and the size of Micco Park expansion site, it would appear to have more potential for future park expansion and additional park elements.? He stated that is a direct engineering conclusion indicating Micco Park is better. He advised the study talks about vegetation, topography, site drainage, and basically says the cost for either site would be about the same; however, one thing that is prevalent is the location of the site in proximity to the train tracks. Mr. Azar stated the site is meant for families and children, and consideration should be given to the safety of those who will use it; the actual cost determined by the engineering firm indicates Micco Park will be cheaper to develop than Allen Avenue park by approximately $7,500; and that could be used for other facilities. He stated the engineering study recommends a serious environmental study of both sites to determine the environmental sensitivity of each site with regard to development; there was an environmental study done on the Allen Avenue property; but he has not received a comprehensive environmental study on the Micco property other than a legend or Exhibit E which indicates that Micco Park has less environmental problems than the Allen Avenue site. Mr. Azar stated more study must be done on the Micco site in order to determine the environmental impact, but from the environmental study of Allen Avenue and the engineering study, there may be less of an environmental impact at Micco Park; consequently he would urge the Board, on behalf of his clients, to select Micco Park as the site for the new community center.

Commissioner Higgs advised the Bussen Mayer Report describes the Micco Park expansion site as consisting of approximately 6.5 acres, plus the Micco Park site for a total of 14.4? acres; the Allen Avenue site, which was the Central site, included Lots 4 through 9, Tax Parcel 256, and the 3.3 acres owned by Brevard County; so the Engineering Report looked at the full number of acres that were potentially being considered. She read the five conclusions as follows: ?(1) Based on research and analysis, we offer the following summary and recommendations. Each site appears developable for the intended purpose which consists of a community center with associated parking and site facilities; however, it is noted that there may be significant environmental constraints associated with each parcel or both, and it is strongly recommended that these environmental issues, scrub jays, gopher tortoises, wetlands, be further investigated to the fullest extend possible prior to the time frame for determination of which site will be utilized. It is recommended that Brevard County Office of Natural Resources be contacted immediately in order to obtain a preliminary evaluation of these environmental issues. (2) It is recommended as early as possible in the site development process a test well be developed in order to determine the quality and quantity of available potable water at the site. (3) The overall site area of the Micco Park expansion site appears to be approximately 14.4 acres. The combined site acreage for the Central site appears to be approximately 11.6. Due to the configuration and size of the Micco Park expansion site, it would appear to have more potential for a future park expansion and additional park elements. (4) The vegetation, topography, and site drain characteristics of each site are similar in nature. It is not anticipated that these issues will significantly impact the overall developability or cost of either site. Field cost for improvements would appear to be similar for each site. (5) The preliminary site layout reflect the lowest anticipated development cost for the Micco Park expansion site, which is Exhibit F, Alternate 2, with an estimated site construction cost of $171,130. The lowest anticipated site construction cost for the Central site is estimated at $177,754. These estimated costs are very close. Each site would appear to be similarly suited for development, and the ultimate decision as to which site may be more appropriate, is based upon other factors, such as land cost, future expansion potential, and environmental constraints.? Commissioner Higgs advised that is the summary of the Engineering Report provided by Joseph Mayer; the Board sent it to the CDBG Board for its recommendation; a letter dated April 12 from the CDBG Board basically puts it back to this Board; it has certain conditions that it wants the Board to act under; and she has no problem with the recommendations. She stated although the Board may not implement the Cuyler plan, it should review it as a possibility. She recommended the Board honor the straw ballot and move forward. Motion by Commissioner Higgs, to honor the straw ballot and move forward with the Micco Community Center at Allen Avenue.

Commissioner Ellis stated there are several things the Board has to decide on. Chairman Cook inquired if the motion is to include the CDBG Board?s recommendations; with Commissioner Higgs responding yes. Commissioner Ellis stated he does not want to do that; the letter states, ?No CDBG funds be distributed until a contract is closed. At that point staff will come back for approval of expenditure of funds on site?; and that is not the sequence things have to work in. He stated the Board needs to make a commitment, if it is going to buy land, then it is going to spend CDBG funds; and inquired what if the County buys the land and CDBG Board says no. Commissioner Higgs stated in her discussions with Reverend Buckner, she got the idea CDBG Board wanted it to go in the normal sequence of activities; it confirmed its support of the project at its meeting on April 11, 1996; and what it is asking is that prior to expenditure of funds, the Board finalize the decision and have the land under contract.

Commissioner Cook seconded the motion.

Discussion ensued on the intent of the letter from the CDBG Board. Assistant County Manager Joan Madden advised the CDBG Board has committed to whichever site is selected; the funds will be utilized for that project; it wants to see the A&E contract and construction contract; and it wants the County to get back into a regular procedure for going through the CDBG Board before those dollars are expended. Chairman Cook indicated the CDBG Board wants this Board to make a decision on the site. Commissioner Higgs stated the CDBG Board wants the opportunity, as it normally has had, to approve the process. Commissioner Ellis stated he wants to make sure the County does not buy the land and be left with no project. Ms. Madden stated Reverend Buckner committed that the appropriation was there; they would not expend any of it until such time as a site is chosen; and the letter of August, 1995 to Commissioner Higgs also makes that commitment.

Commissioner Ellis advised the Board could eliminate using $13,000 of MSTU funds by eliminating Lot 5 or Lot 7. He stated Lot 6 has 67 feet of frontage on the road, so it is wide enough to accept a road; and that would save $22,000 to $26,000 and would fall within the $90,000.

Commissioner Higgs stated if the Board wants to proceed with the Allen site and the Buchanan/Howard Parcels 5 and 6, she would find that acceptable. Commissioner Ellis stated he would prefer to delete Lot 7 to get the price under $90,000.

Commissioner Higgs amended the motion to include deletion of Lot 7; and Commissioner Cook accepted the amendment.

Chairman Cook inquired about the value of paving the street and the exchanged property; with Blaise Mancini responding $63,400. Chairman Cook inquired if it is exactly the amount to pave the street; with Mr. Mancini responding it is estimated to be the same.

Commissioner Ellis stated if it is $63,400 to pave the roads, then how could Lots 5, 6 and 7 have only cost an additional $13,000. He stated there were two lots roughly at $22,000 and $26,000; and $90,000 minus $63,400 leaves $26,600 which will buy one lot. Mr. Mancini advised the County was originally interested in purchasing five acres at the appraised value of $50,000; the owners of the property countered back at $63,400 in road paving costs; and they added another acre to their original offer of five for a total of 6.6 acres.

Discussion continued on the cost for road paving and land value, deleting Lots 5 and 7 and purchasing Lot 6, a five-acre parcel, and an additional 1.6 acres to the north.

Chairman Cook inquired if that is the best estimate of what it will cost to pave the road; with Public Works Director Henry Minneboo responding his understanding is that is exactly what the County will do, $63,400 worth of paving; so if that is 4,200 feet, that is where staff will stop paving.

Commissioner O?Brien inquired why the people in Precincts 106 and 18 should or should not have voted; with Commissioner Ellis responding the census tract includes pieces of the two precincts, almost all of 106 and part of 18; and the census tract does not match up exactly with the voting precinct. Commissioner O?Brien inquired if 18 includes Barefoot Bay; with Commissioner Ellis responding south of Micco Road only. Commissioner Higgs stated only those people who live in the target area in Barefoot Bay south of Micco Road were permitted to vote; they live in or are assigned to Precinct 18; and they are also in the target area. Commissioner O?Brien inquired if the Board is assured only those people south of Micco Road voted on it; with Commissioner Higgs responding yes, the Supervisor of Elections was diligent in trying to ensure that only those people who were in the target area were allowed to vote on that issue; and the target area is defined by the census tract. Commissioner Ellis stated the federal government sets up the census tracts. Commissioner O?Brien inquired what is it based on; with Ms. Madden responding the criteria used is 51% of the people in that census tract must be at the low to moderate income level. Commissioner O?Brien inquired if those people fit that category; with Ms. Madden responding not all of them, but at least 51% does, based on the 1990 census data. Discussion continued on how target areas are determined and census tracts established.

Commissioner Higgs clarified that the County will purchase the Allen site with the $90,000 that was set aside, and that would include the $63,400 on the Buchanan site and Site 6 in Briere Subdivision. Commissioner Ellis stated there was more land added north of Parcel 252.

Chairman Cook clarified that the motion includes the deletion of Lot 7 plus the recommendations of the CDBG Board; and called for a vote on the motion. Motion carried and ordered unanimously.

DISCUSSION, RE: FLORIDA CITIES WATER COMPANY UTILITIES

Commissioner Higgs advised Florida Cities Water has proposed a 150% sewer rate increase and 20% water rate increase for the residents of Barefoot Bay; the Florida Public Service Commission conducted hearings where over 300 people attended and commented; and a preliminary analysis of the existing and proposed rates indicates that a rate less than that proposed could support the operation of the utility system. She stated she had discussions with officials at Avatar and Florida Cities Water who indicated a willingness to discuss a potential sale; they pointed out that they do not have a ?for sale? sign out, but as good business people are willing to enter into discussions; however, it is a long way from any kind of acquisition. Commissioner Higgs stated the citizens are extremely concerned about the rate increases from an average of $30 to almost $60 a month in water and sewer rates; and requested permission for her and staff to discuss with Florida Cities Water Company the County?s potential acquisition of the utility located at Barefoot Bay, and to conduct research to determine what a reasonable cost would be.

Commissioner O?Brien inquired if Florida Cities Water Company cannot operate the system without increasing the rates, how can government do it cheaper; with Commissioner Higgs responding there are profits, interest, dividends, etc.; nice dividends were given to stockholders over the past years; and there may be some economies of scale that could make it a doable operation for the County.

Chairman Cook advised Florida Cities claims the increase is due to State mandates and St. Johns River Water Management District requirements. Commissioner Ellis advised they cannot discharge into the Sebastian River. Commissioner Higgs advised they have been under a Consent Order for several years and have done major renovations to the disposal and treatment facilities at significant costs; and that is a large part of their rate increase. Commissioner Ellis stated to get the rates lower would require expansion of the service area; and the Board needs to consider that up front. Commissioner Higgs stated it would depend on the acquisition cost, how much the County would have to borrow, and what kind of debt service; and a financial analysis should give the County an indication of what it can borrow and what sale price it could afford to maintain a debt service with it operating as a stand alone operation. She stated she does not want to get into a debt service where the payments would force the rates to be worst than what they are looking at with Florida Cities Water. She noted a number of people believe there is a public benefit by the utility being owned publicly; but the County would have to do an analysis to see what could be gained.

John Smith, 1329 Tulip Court, Barefoot Bay, Director of Barefoot Bay Homeowners Association, gave a detailed description of ?county,? where the word came from, and the functions of county government and its officials. He stated the County must be a companion to all its taxpayers and residents; it is charged with the protection of its residents in all ways possible; and Florida Cities Water Company?s proposed rate increases constitute a danger to the finances and lifestyles of the Barefoot Bay residents. He stated if it is approved, Barefoot Bay will no longer be the beautiful setting of maintained green lawns and lovely trees. Mr. Smith advised the community of mostly retired citizens, many on limited incomes, will have their incomes greatly diminished if the rates are approved. He stated people will not use the high-costing water, and trees and shrubs will die; their every day living will change to conserve water; and the residents can only look to the County to protect them from this injustice. He stated the County must protect the residents of Barefoot Bay by purchasing Florida Cities Water Company and maintaining the facility with just rates.

Joseph Phelan, 1103 Tequesta Drive, Barefoot Bay, Chairman of the Citizens Advisory Council of Barefoot Bay, advised of what happened with high rates and taxes in Long Island; and stated he and his wife moved to Florida because taxes seemed to be stable, but they never counted on Florida Cities Water Company and its constant applications for rate increases. He stated in 1995 his water and sewer bill was $380; and if the Company has its way, his 1996 water and sewer bill will be $709. Mr. Phelan advised many residents will not be able to pay the excessive rates; and seniors on fixed incomes are being pinched by higher insurance, food, and fuel costs. He noted they can control some increases by cutting back, but they have no control over water and sewer rates; they were asked to conserve water and did that, but now the conservation is being cited by the Company as a reason to raise the rates. He requested the Board consider acquisition of the utility, as it will be cheaper than the cost of social services for a community in financial distress.

John Olyslager, 769 E. Oriole Circle, Barefoot Bay, advised nobody in Barefoot Bay is against the Board buying the water and sewer systems; through the years Florida Cities Water Company has used every opportunity to use pass through rates, whether warranted or not; ten years ago he fought the 50% increase in rates which was upheld by the courts; and Florida Cities Water Company came into being by transferring ownership of one company to another of their companies. He stated the Recreation District is not organized to fight the battles of water and sewer, but it supports the Homeowners Association efforts; and the County will gain by acquiring the plant and providing for more access so development can take place. He advised of a proposed development next door to Barefoot Bay which was turned down because it could not provide the necessary facilities; and Avatar owned the property, but was unsuccessful in providing a separate water and sewer plant.

Joseph Generazio, 905 Sequoia Street, Barefoot Bay, Chairman of the Barefoot Bay Homeowners Association Board, advised their aim is not only for the County to purchase the Barefoot Bay system, but it will need a water and treatment plant south of Valkaria also. He stated two developers want to come in there with roughly 360 homes to the north and south of Barefoot Bay; and the main reason they did not go through is because of putting in septic tanks. He stated the water plant has to be expanded to serve other people and meet the expenses of what the County would purchase it for, and what the people of Barefoot Bay and surrounding communities can afford; and requested the Board give it serious consideration.

Richard Higgins, 1169 W. Barefoot Circle, Barefoot Bay, Vice Chairman of the Citizens Advisory Council, advised the residents of Barefoot Bay need help; his first water and sewer bill in 1975 was $8.20 for 4,000 gallons; in 1984, it was $17.94; last month, as a result of an interim increase granted by the Florida Public Service Commission, it was $40.15, more than doubling the 1984 cost; and if the Public Service Commission grants the request, it will be $62.66, eight times more than the 1975 rate. He stated the Company has been getting regular pass through increases that are permitted twice a year under the current Public Service Commission rules, so there is little incentive for a company to be frugal; under the County?s operation, the system could stabilize; and in the future they would not be faced with gigantic increases and would have an affordable water and sewer service. Mr. Higgins advised he realizes studies need to be made to equate the needs of the people to the County?s capabilities; and requested approval of the Agenda item so Commissioner Higgs and staff can make an official report to the Board. He noted soon the County will have to find a way to accommodate development in the deep south end of the County; a centralized south sewer facility will remove a lot of troublesome controversy over Crystal Bay and Royal Sebastian developments; and there is expansion from the lagoon to the west, so the pressure is there.

Walter Clyne, 605 N. Sea Gull Circle, Barefoot Bay, Barefoot Bay Citizens Advisory Council, advised he is concerned with the water and sewer problem facing them in South Brevard; they live on a fixed income from his annuity as a civil service employee; and what they thought was their Shangri-la has turned into shambles by greed, incompetency, and vicious rate increases on their water and sewer bills. He stated Florida Cities Water Company had 16 rate increases, six in the last four years; they were asked to conserve water by using alternate watering days; and when they did, because of lack of consumption, they were asked to finance the mistakes even under a threat of a fine. He requested the Board give serious thought to the County taking over the operation and management of the water and sewer systems; and stated it is not only a reality, but a must and positive request for expansion in South Brevard.

Wally Kramer, 9606 Mockingbird Lane, Micco, advised he does not live in Barefoot Bay; expresses sympathy for the residents of Barefoot Bay; but the County has not subsidized his septic or water system, or the salt, four pumps, and air pressure tanks he purchased over 12 years. He stated he favors appropriating funds to investigate the issue to see if there is a way to solve their problems.

Howard Sykes, 1105 Tequesta Drive, Barefoot Bay, representing the Barefoot Bay ?snowbirds? who make up 30% of the property owners, advised during their migration period they are assessed for basic water and sewer service with no usage; those costs, before the interim rate, were $15.26 a month; and with the requested rate increase, they will be $41.26 a month or a 170% increase. He stated the cable company will disconnect and re-connect the cable for a nominal fee; Bell South will reduce basic charge by 50% so they can retain their phone numbers; but the private water and sewer company is allowed to continue charging them with no usage while there are obvious savings to them. He requested the Board intervene and acquire the Florida Cities Water Company to bring control and reason.

Clinton Dyer, 531 S. Dolphin Circle, Barefoot Bay, advised the Company?s attorney testified the reason for the extraordinary additional investment by Florida Cities Water Company in its wastewater plant is because of governmental agency actions; blaming someone else for additional expense is unacceptable; they had multitude of issues before the Public Service Commission; and they enlisted the Board?s support of their testimony to the Public Service Commission. He stated he called the County to resolve a serious flood problem; thanks to Commissioner Higgs and Road and Bridge action, flooding has not recurred; and since it captured his trust in the County, it is easy to seek help again. Mr. Dyer advised in reviewing Florida Cities Water Company?s books, he found they pay for taxes on the plant or on corporate net income; the water/sewer bill is 15% taxes; and County customers pay less interest on debts because the County issues tax free bonds. Mr. Dyer advised environmental costs are a significant part of the problem; however, its complexities and controversies should be left to study rather than complicating the rate issue; for the same services, some citizens get tax exemptions and other benefits which they are denied; and the Board has the power to make it right by taking over the Barefoot Bay facilities.

George Koraly, 9868 Riverview Drive, Micco, advised the original permit for Barefoot Bay Utility was issued in 1969 to discharge secondary treated sewage into the north part of Sebastian River, it was found to be detrimental to the environment, and they were ordered to stop the discharge in 1980, but no check was made by a responsible agency until 1982. He stated when illegal discharge was discovered, numerous consent orders were applied for and approved by the Department of Environmental Protection; the percolation pond did not function, but it included an increase to 450,000 gallons a day to discharge into the river; a 40-acre spray field did not work, but it included an increase of 600,000 gallons per day of discharge; considerable time and research was done on a deep injection well, but it did not take place; and a 300-acre spray field, according to the utilities engineers and private engineers he contacted, would have done the job with no runoff into the river. Mr. Koraly advised the Utility won a suit that was initiated by neighboring grove owners against the spray field, but the developer changed his mind and applied for a consent order for an AWT plant; and 14 years from the time the developer was found in violation, no restriction was ever imposed. He stated the number of units almost doubled; one of the consent orders included a $250 a day fine that was negotiated to $26,200; and it became obvious that something was amiss and the environment and residents of Barefoot Bay were going to suffer from it in the future. He stated on one consent order a perc pond was supposed to take care of the problem; a subsequent consent order required a retention pond capable of retaining a 25-day capacity of sewage output; and when Mr. Alexander of DEP was asked why one consent order was issued for a perc pond and the other for a retention pond, the response was they wanted to protect the aquifer. He stated they learned that Avatar planned to use the existing sewage plant to treat the new development to the north; the plant capacity was not capable of handling more than Barefoot Bay?s sewage; they contacted the Public Service Commission and were informed the property to the north was not included in the original permit; and apparently that application was denied. Mr. Koraly advised the current consent order under DER Regulation 17-610 allows 100% of the discharge to go into the river 30% of the time; the proposal to increase the density by increasing the capacity will increase the discharge into the river; and two wastewater engineers he contacted agree the location of Barefoot Bay plant is impractical for a regional plant; and suggested the County look further north towards Grant with adequate retention. He stated if the plant can be run cheaper by a bond issue from the Recreation District they should do that, because as a taxpayer he is not a happy camper.

Commissioner Higgs advised the Recreation District is precluded from acquiring the plants and is only allowed to acquire recreational facilities. Mr. Koraly stated the Manager of the sewer plant, Bill Sansbury, walked up to him at the back of the room and said he should sell his house because he will not be able to afford his taxes as the County is going to buy the plant. Chairman Cook advised there has been no decision made on buying the plant.

Frankie Schott, 3545 Heather Lane, Micco, advised the residents have been addressing this problem for years; they approached the Board to stop the dumping into the river and never got any help; but Commissioner Higgs did give them a letter of support when they were addressing the problems to DEP and State and federal agencies. She stated she understands the plight of the residents, but does not want to pay for the plant; it is a Barefoot Bay problem and the residents should address it with the Public Service Commission, Florida Cities Water Company and Avatar; and she does not want the Board mixed up in it because it will not have their interest at heart, but would have the interest of the biggest voters since they are a larger group than the rest of the residents in the area. Ms. Schott advised it is more economically feasible to contract things out; the Board should down-size government not enlarge it; she does not want this burden; and strongly urged the Board to keep out of it. She stated they legally dumped into the Sebastian River and should have been fined to clean it up; the Board could not do anything about it then; and it should not get into it now.

Donald Miller, 708 N. Bougainvillea Circle, Barefoot Bay, advised he suggested taking over the plant and increase the service area when it discussed Crystal Bay development; it will be needed in South Brevard as development occurs because they would not be able to handle septic tanks; and taking over the plant would be a step in the right direction. He stated it could be expanded as the need arose; and Crystal Bay would hook up to it with about 400 customers.

Anita Cragg, 145 Hidden Cove Drive, Melbourne Beach, advised she has tentative plans to develop Crystal Bay next to Barefoot Bay; they stated repeatedly at the January 29th meeting they would welcome the opportunity to hook up to either municipal water and sewer or Barefoot Bay?s system; however, she heard the systems are at capacity at this time and would have to be expanded. She stated she supports the County looking into it and if it is economically feasible to purchase the plants.

Chairman Cook advised they are allowed to make a certain profit over their investments, so that creates an incentive to spend more money because the more money they spend on capital, the more profit they can make; and that is part of the problem. He stated any discussion on acquiring the facility will be predicated on the fact that it would have to be self-supporting and not subsidized by the rest of the taxpayers in the County.

Commissioner Ellis advised all water and sewer plants in the County are enterprise funds and only people who use the plants contribute to the cost of the operation; so they would not affect property taxes no matter how the utilities operate. Commissioner O?Brien agreed with investigating the feasibility of acquiring the plant.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize staff to look into the financial aspects and work with the financial advisors regarding a preliminary financial analysis to acquire Florida Cities Water Company?s Barefoot Bay plants, and return with a report to the Board. Motion carried and ordered unanimously.

Commissioner Higgs requested permission to have preliminary discussions with Avatar to indicate the Board?s interest to them and continue to get financial information; with Chairman Cook responding the Board has no problem with that.

The meeting recessed at 4:00 p.m. and reconvened at 4:18 p.m.

CONSIDERATION OF POLICY, RE: ?SNYDER? REVIEW FOR REZONING REQUESTS

Anita Cragg, 145 Hidden Cove Drive, Melbourne Beach, advised she has problems with the policy, because if applicants apply for zoning changes and do not come prepared with reports or expert testimony to answer questions posed by the P&Z Board or this Board, the issue stands a great change of being tabled or denied. She stated the Board wants more information about the intended land use at the time of zoning application; many questions asked of applicants are not related to zoning, but more properly addressed in a land development review process; and a written summary of expert testimony is not available at the time of zoning application as would be required by the proposed policy because the applicant does not know what information the Boards will request until the meetings are held; therefore, advanced notice or summaries cannot be given. She stated staff, the P&Z Board, and this Board can all request tabling of an item if additional record is provided by the applicant at the public hearings, or if staff learns that additional testimony will be provided by the applicant; and inquired how many times can an application be tabled and how long will it take to obtain zoning on property. She noted new information could be presented at each hearing; therefore, the zoning request could be caught in a web or state of limbo forever. Ms. Cragg advised of some of her applications, the time it took, and the costs involved; and stated it already takes three to six months to obtain a ruling from the Board, and the policy will add more gridlock and costs to an already costly and tangled procedure and make staff work against the applicants. She stated if staff feels it is not adequately skilled to review the additional testimony, the Board may authorize hiring skilled experts with the cost to be borne by the applicants; therefore, the applicants who pay for staff experts will also pay for outside experts to act as their opponents. She stated it appears the only way to get zoning is to hire engineers and attorneys or gamble and not hire the experts and be forced to do so by staff if asked for additional studies or expert testimony; and if they cannot produce those studies or testimonies within the time allotted, the item could be tabled. Ms. Cragg advised as to cross-examination, the applicant should have the right to ask staff members how they arrived at the conclusions presented to the Board; and inquired if they are using sound practices and acting within the parameters of the Zoning Code and Comprehensive Plan guidelines, what would be the problem, and why should the applicant not know why staff made the recommendation. She noted sometimes staff changes its recommendations at the last minute and the applicant is not aware of the new information until the meeting; and that occurred at the last zoning meeting. She stated her experience and observations have been that the County freely asks questions of the applicants and their representatives; and if the County does not have the right to cross examine, it certainly has been acting as if it does for many years. Ms. Cragg stated requesting a zoning change is a right of property owners; it is not necessarily a negative issue; however, cross examinations and making applicants hire experts to exercise their property rights foster a negative adversarial relationship. She stated it is staff?s job to assist applicants and remain neutral in their recommendations; the policy would serve to instruct staff to find ways to deny zoning, not submit neutral recommendations to the Board; and she hopes the Board will review the policy very carefully as it has a great potential to undermine basic rights of property owners and is inherently unfair to those applying for rezoning.

Micah Savell, 1370 Sarno Road, Suite A, Melbourne, advised the second tier level was brought to the forefront because of a property on the southwest corner of S. Courtenay Parkway and Cone Road which was denied zoning and went to court where the court determined the County had been unfair. He presented a copy of a letter from Susan Hann to Marie Venice to the Board regarding the aforementioned case; and stated the policy is a catalyst to orchestrate a conspiracy against property owners and provide a wall of separation and deniability of anything someone does not want or cares to have regarding the rights of property owners who pay taxes on the property. He stated the Board has consistently been moved by the number of people in the audience as opposed to making reasonable and right decisions relating to zoning and property. Mr. Savell indicated it is sad when people have to get attorneys, engineers, expert witnesses, etc., because some people do not have the resources to do that; and if traffic and safety is a concern, the Board needs to look at emergency vehicles that pass schools when children are being dropped off because that could be a greater problem. He stated adding the second tier gives the Board the ability to make it harder for people to obtain zoning; if it is adopted and takes a year to get zoning, people will challenge it; but most of the people will be denied the opportunity to receive a return and use their property as they see fit. He stated there are enough rules and regulations and bureaucracy in place; they do not need another layer; and the Board already extracts too much from the public.

Rob Lee, 1994 Gulf Court, Indialantic, advised the policy is claimed to be the result of the County losing Snyder cases because of expert witness testimony; Snyder is a landmark case because it adds a dimension of due process to the quasi-judicial public hearings; and under Snyder, if a person?s application meets the rules, a crowd of 1,000 cannot cause a lack of due process for that individual. He stated it limits power brokering whereby a wealthy developer or lawyer unfairly influences decisions; it is a great equalizer for the public; and he does not feel staff is over powered by an applicant?s expert witnesses. He stated he has great respect for the knowledge, experience, and professionalism of the staff; the expert witness testimony claim is an applicant?s representation to bring a proposal up to County standards; and anyone bringing a decision to court in a Snyder case feels he has not been subject to due process under the law. Mr. Lee advised the Codes were approved by the public, and if an applicant meets Code, he should have his application approved; if staff feels it is out-gunned, then it is fighting a battle it should not win or the review was not consistent with the Code; and requested the Board not approve the policy.

Norma Savell, 3500 S. Courtenay Parkway, Merritt Island, speaking for Citizens for Constitutional Property Rights, advised Abraham Lincoln said, ?Nearly all men can stand adversity, but if you want to test a man?s character, give him power?; and stated he must have been talking about those who propose policies such as this one which creates a second layer of deniability for those asking for rezoning. She stated each layer of bureaucracy is designed to stop and prevent Brevardians from using their property; and those supporting the policy are afraid property owners might find a way to struggle through the existing maize, so they must find a way to repress the people. Ms. Savell advised endless delays are programmed for unspecified periods of time; it blatantly says if testimony has not been reviewed by any party, that party can request a continuance; supposedly this policy would apply to a minimum number of cases; but with the categories included for review, most applications could be shoe-horned to fit. She stated the policy complains about expert witnesses when applicants have been forced to find some way to counter denials; it would amend the Code to delete the right of cross examination of adverse witnesses; and it is an excuse to hire more people at a time when the Board should be cutting back. Ms. Savell stated it means escalating costs and delayed applications of citizens who already stagger under the undue authority and over regulation which the Board imposed; staff will also have the right to ask for additional studies or expert testimony; and if the Board supports the doctrine, it is saying it hates people, hates growth, and does not intend to let anyone do anything in Brevard County. She stated it is in-your-face guarantee of deniability to the people of Brevard County; and it is anti-property owner, anti-taxpayer, and anti-business, but taxes continue to go up. She stated it is tyranny, abuse, and a cruel exercise of power; and requested the Board not adopt the policy.

Roy Pence, 4533 Canard Road, Melbourne, advised the policy is extremely burdensome and costly which is unfair to property owners who wish to change zoning on their property. He stated the County has a comprehensive planning process that is very thorough; it spends months evaluating property, future land use designations, etc.; and that process is constantly reviewed and modified. He stated the Comprehensive Plan and Zoning Regulations establish the rules property owners have to follow if they want to use their land, and establish rules the County has to abide by if it wants to impact the use of a person?s land; after the rezoning request is submitted, the County has two months to work on the request and evaluate it before the first public hearing; and at the final public hearing, the Board could table the request if additional information is required. He stated the opportunity and power is there now, so to add this type of additional regulation is hard to understand. Mr. Pence advised every rezoning request has an intensive report prepared by the County showing potential density, consistency with the future land use map, levels of service for roads, solid waste, potable water, recreation, sanitary sewer, stormwater, mass transit, etc.; there is an evaluation done on the compatibility with surrounding land use and proposed zoning for property to the north, south, east and west of the property in question; and environmental constraints are evaluated if there are wetlands, floodplains, and endangered species. He noted all those issues are addressed, studied, and used in the decision-making process today; and if the policy is adopted, it will be a substantial impact on the cost of housing due to time delays, uncertainties, and costs. He indicated the people who will be hurt the most are the minorities and disadvantaged who will be priced out of housing; and new businesses that want to relocate to this area will not come if they have to go through the extensive process.

County Attorney Scott Knox advised one thing that drove the policy was the issue over the two lawsuits the County did not fair well in; one of those cases was pending at the time the Board last considered it; and that was the Royal Sebastian case. He stated the judge came down with a decision that he had no authority or jurisdiction to force the Board to do anything; and when it did not give the Board directions in the original opinion, it was free to do what it felt was appropriate, which it did. He stated the second item is a bill currently pending in the Florida Legislature which basically says from the point forward that the bill is passed the decisions will be legislative in nature as opposed to quasi-judicial; and if that passes, anything the Board does in the way of changing the policy today will become a moot point; so it should be aware of that before discussing the policy.

Commissioner Scarborough advised there is inconsistency in the thought process; one is the Board is quasi-judicial and deal as judges; however, at a certain point, the burden of proof shifts to the County; and never in English Common Law has a judge had the burden of proof. He stated it creates a dilemma; the County staff has historically been an impartial player; the courts said the burden of proof shifts to the County; and inquired if that means Zoning Official Rick Enos will play an impartial role then shift. He advised another problem is the cross examination; the Board has always afforded everyone the opportunity to ask questions of the Commissioners and staff; sometimes the questioning of expert witnesses is handled differently than questioning of non-experts; and inquired whose testimony is allowed to be accepted. Commissioner Scarborough stated petitions and mere numbers are not viewed by the Board as finding of fact; on the other hand, the court has erred in considering somebody who has lived at a location for over 30 years and has seen a traffic pattern, as being just a lay person whose testimony cannot be taken. He stated in a court of law, a person who observed something over a period of time can testify, and that person?s testimony is acceptable; and he does not understand how the burden of proof passes to the Board if it is also the quasi-judicial body.

Commissioner Ellis stated while the Board is supposed to sit as a judge, the staff is not an arm of the judge but an independent party, because the Board cannot interfere with staff when it is doing its review. Commissioner Scarborough inquired if shifting the burden has staff assuming a different role. Commissioner Ellis stated staff is in a subjective position; it has recommended denial from time to time; and in cases where staff recommended denial, and the Board voted to deny, but the applicant takes it to court, very likely the judge would not quash the Board?s decision. Commissioner Scarborough stated that is not the issue; the issue is when the Board has expert testimony on the other side and the burden shifts to it, what can it do to overcome the burden of proof; with Commissioner Ellis responding staff?s recommendation is essentially the Board?s position, and none of those staff recommended denial on were taken to court. Commissioner Scarborough stated the Board would basically be relinquishing its authority to staff; and inquired if staff can hear additional testimony at the public hearing to make a different conclusion; is the Board locked into the initial staff report and if the report is for approval, is the Board saying it has to rubber stamp it regardless of the information provided at the public hearing. Commissioner Ellis stated it would put staff in an adversarial position on every item to give the Board the legal ammunition to take to court. Discussion ensued at length between Commissioners Ellis and Scarborough on the burden of proof shift, position of the Board, position of the staff, and adversarial role.

Chairman Cook advised he has concerns about the broadness of the policy as anything can qualify for second tier review; the Board has the option of sending something back for more information if it hears testimony it does not know is correct or not; and the Board does not know what the pending legislation will do, which could have a significant impact on how the Board sits regarding the Snyder decision and being a quasi-judicial function regarding zoning matters.

Commissioner Scarborough stated there needs to be a methodology for questioning expert witnesses; both sides need to have the option of doing that; and suggested the County Attorney put together questions the Board could ask expert witnesses that are normally posed when they are in court. Commissioner O?Brien stated the Board can allow staff to debate expert witnesses, since they are also experts in their fields, and make it a free debate while the Board listens.

Mr. Knox advised he has no quarrel with what Commissioners Scarborough and O?Brien said, but an implicit assumption is the Board has to have access to expert witness opinions before it gets to the hearing. He stated part of the problem with Royal Sebastian is that one of the experts took a ludicrous position where traffic was going to go; nobody was prepared for it because staff did not know in advance that it was going to be the opinion; and had it had that opinion a few weeks before the hearing, staff could have addressed whether or not 80% of the traffic would go north first before going south. He stated if the Board gets surprised by testimony, there is no way to adequately prepare for that; and that is a real disadvantage the Board has when it is considering zoning applications. He advised a minimum the Board should ask applicants to submit is a summary of their expert opinions a few weeks before the hearings so staff knows what to anticipate.

Chairman Cook stated he does not think the Board can compel applicants to do that; and they would still have the option of coming to the public hearing and presenting evidence. Mr. Knox stated the Board could ask for a summary as part of the zoning procedure; and if they come with something different at the hearing, it will give the Board the opportunity to postpone the hearing for 30 days to get more information. Commissioner Ellis inquired why would an applicant do that if he does not anticipate staff having a problem with his application; with Mr. Knox responding staff makes decisions based on information it has; and if it is not aware of an opinion, like the one they were faced within in the Royal Sebastian case, there is no way for them to address the issue. Commissioner Ellis stated the first time the Board heard that case, staff did not raise a question about the road capacity; but the second time, it came up. He stated many times the Board will see staff?s report with possible incompatibility, possible problems, etc.; the applicants know the areas they need to address in those cases; and inquired if staff?s comments say they do not perceive there to be a problem, how do they address a problem they do not know exists until they come to the meeting. Mr. Knox stated if the Board hears something utterly fantastic, somebody has to ask staff to look at that.

Chairman Cook advised there is a tremendous amount of review that goes on normally in the procedure; the Board always has the opportunity, if evidence is presented at the hearing that it has no substantiation for or the Board has questions about, to delay that to get more information or allow staff additional time to review it; and the cases where it would kick in are probably the exception and not the rule. He stated he prefers to let the Board decide which issues need additional information rather than shift that burden to staff; and it can do it on a case-by-case basis. Commissioner Scarborough stated if the Board takes that burden on, it ceases to be a trier. Chairman Cook stated judges continue cases all the time.

Discussion ensued on rulings, policies, second tier review, being prosecutor and judge, expert witnesses, burden of proof, providing summary of testimony, and cross examination.

Commissioner Higgs advised the court has said the Board must have substantial and competent evidence in making decisions, and that it weigh the facts and ask for additional evidence if it does not have substantial and competent evidence. She stated the Board can request the applicant to provide testimony in advance from experts, and provide the applicant testimony from staff; and it has to work both ways. She stated she is not comfortable with some of the process being suggested, but agree the Board has to up the level of evaluation of the evidence and ensure the evidence is in the record, so that if it is reviewed by a judicial body, the record goes before them. Commissioner Higgs stated the Board needs to ask that applicants provide a summary of testimony, take testimony provided at the hearings, and get testimony from staff; and if it does not have it, it will be the burden of the Board to be sure it is available. She stated she will support requesting the applicant provide a summary of the testimony in advance and staff provide a summary to the applicant of any testimony the Board receives; however, she is not ready to impose an additional process it may not have to at this point.

Commissioner Scarborough inquired if Commissioner Higgs is suggesting the applicant give the County a list of his expert witnesses and what they will present, and that staff tell the applicant the people they will call two weeks before the meeting so they know who will be testifying; with Commissioner O?Brien responding only if staff disagrees. Commissioner Ellis stated staff review is done before it goes to the P&Z Board and this Board; so requesting expert testimony two weeks before the meeting, is asking them to submit the testimony with the application. Commissioner O?Brien stated they apply a long time before it comes to the Board.

Discussion continued on the application process for rezoning requests, expert witnesses, discovery, exchange of information, the ability to file a lawsuit to quash Board decisions, and questioning of expert witnesses.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to send the policy on Snyder review for rezoning requests back to staff for further refinement and return to the Board.

Micah Savell advised of his dealings with the zoning staff and how they advised him of probable and possible problems, and his feeling that if his neighbors opposed his request staff would tell them what needed to be done to be successful in getting it denied. He stated he always got fair and straight answers; there are long discussions with staff on how to work through problems; it is not a last-minute change as implied; and where it becomes unfair is when it comes to this Board and becomes a political decision and not a decision based on the facts. He stated that has caused the problem and probably why lawsuits came up; but staff has been fair; there has been no deception on their part; and they have a common goal of working through problems to reach a solution.

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

OFFER TO SETTLE DISPUTE WITH CITY OF WEST MELBOURNE, RE: TRANSPORTATION IMPACT FEES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve settlement of dispute with the City of West Melbourne regarding transportation impact fees at $25,000.

Chairman Cook inquired what would justify the $25,000 settlement; with City Manager Mark Ryan responding the City and County Attorneys have been negotiating the item; and his understanding is this was the settlement discussed. County Attorney Scott Knox advised City Attorney Mitch Barlow sent a counter offer of $25,000 to the $10,000 offer the Board made; so there was not much discussion on the issue. Commissioner Scarborough inquired if the County Attorney recommends the settlement; with Mr. Knox responding the Board does not owe the City a dime, but it is the Board?s decision if it wants to settle it.

Commissioner Ellis advised it was $9,000 prior to September 1, 1995, and in the final quarter of 1995, the number went from $9,000 to $70,000. He stated in May, 1995, the Board notified the Cities it was going to take action September 1st; the Cities had 100 days to enact their own ordinances; so anything lost after September 1, 1995 was the City?s responsibility because it did not have an ordinance enacted for the final quarter. He stated the Board made the motion for $9,000 which are the lost fees prior to September 1, 1995. Chairman Cook stated he would support renewing the $10,000 offer.

Commissioner Higgs stated the City, in Mr. Barlow?s letter is willing to accept that sum as a credit towards the contributions to Dairy Road, so it is not a cash settlement. She noted there was a considerable settlement in the case with the Town of Malabar; with Commissioner Ellis responding but that was prior to September 1st.

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

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve $10,000 to settle the dispute with the City of West Melbourne regarding transportation impact fees. Motion carried and ordered unanimously.

DISCUSSION, RE: FLOODING AND DRAINAGE PROBLEMS ALONG DAIRY ROAD

Commissioner Ellis advised during the storm there was a tremendous flooding problem at Edgewood and Dairy Road; a plan was done about 20 years ago by Outlaw and Rice which directed a lot of the drainage south below Florida Avenue and under Dairy Road; the County is looking at current plans for Dairy Road and bringing the water in north of Florida Avenue; and the County may be better off to work with Melbourne and West Melbourne to direct even more of that water further south to go under Dairy Road. He requested staff get with the Cities? staffs and look at the possibility of bringing more of that water south since the two Cities and County are working together on the Dairy Road project. He stated if there is a way to direct the water further south, they will need to put in additional pipes to connect to the Melbourne southwest ditch.

Commissioner Higgs advised the area around Dairy Road is in the District 3, and she will move staff evaluate the proposal and send a report back to the Board and work with Melbourne and West Melbourne on the issue. Commissioner Ellis stated it is District 5's water that is getting re-routed; and Mr. Ryan wanted to include Mr. Garrison with Melbourne-Tillman in the process.

Chairman Cook inquired what the funding source is; with Commissioner Higgs responding Dairy Road is a gas tax project as well as other funds. Commissioner O?Brien stated the road may be, but the drainage project may not be; with Commissioner Higgs responding that is correct. Commissioner Ellis stated digging the ditches is not very expensive.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to evaluate the 1976 Drainage Proposal for Dairy Road area with the Cities of Melbourne and West Melbourne, and with Mr. Garrison of Melbourne-Tillman Drainage District, and return to the Board with a report. Motion carried and ordered unanimously.

DISCUSSION, RE: SPECIAL ASSESSMENT LIENS LEVIED ON COMMON AREAS IN RAMBLING ACRES WEST SUBDIVISION

Robert Langley, 3860 Rambling Acres Drive, Titusville, Vice President of the Rambling Acres Homeowners Association advised he has been working with County staff and has a plat map showing three areas under discussion; two are conservation areas; the third is labeled a park; they are all owned by the Homeowners Association as common areas; and presented the map and aerials showing the location of the properties running in the swamp that feeds into Fox Lake. He stated coming out of the lake are two 24-inch diameter drainage pipes directly into Tract A which feeds into Fox Lake; Tract C has water that feeds into Fox Lake; and Tract B is all swamp; the Homeowners Association wants to maintain the property under its covenants, conditions and restrictions for all the homeowners; they use it essentially as conservation areas and drainage; and they have no intentions of developing the area. He stated three years ago a waterline was put in their community and they were assessed on those three lots for the water line; it was their understanding it would only be assessed to buildable lots; unfortunately, the three lots are assessed; and they are trying to get that assessment removed.

Commissioner O?Brien inquired what would happen if the Homeowners Association does not pay it; with Mr. Langley responding he has no problem with the County assuming the property. Commissioner Scarborough stated the County can foreclose or they could deed it to the County and then the County would be responsible for it. He stated it should not have been included in the assessment.

Commissioner Higgs stated there is a fundamental issue involved; a private corporation which owns the land on which there are liens established in a lawful manner would be relieved of the responsibility, and would not live up to its responsibility; and as a result, the payment of $7,000 plus will be encumbered by the general taxpayers. Commissioner Scarborough inquired if Commissioner Higgs prefers they quitclaim the deeds to the County and not waste the Board?s time over the next six months. He stated if the County is going to ultimately get it back because the liens will not be paid, it should ask them to quitclaim it over and be done with it. Commissioner Higgs stated she does not know if that is the solution either, but she has a concern that the Board write off the $7,000 and they keep the land since they are acting as a private corporation. Commissioner Scarborough stated they will give the County the land if the Board wants it. Mr. Langley stated they do not want anyone to develop it. Commissioner Higgs inquired if they want it open to the public; with Mr. Langley responding no. Commissioner Higgs stated they want to keep the land; they do not want to pay the money; and they want to keep the public from access to the property.

Commissioner Ellis stated that is not the issue; the issue is the County levied a lien against an unbuildable lot; and the County has done that in other places. He stated the issue is in an MSBU there is no benefit to an unbuildable lot; so if there is no benefit, the County cannot assess the lot; and that is statutory. He stated a mistake was made, and the lots should not have been included in the assessment. Commissioner Higgs inquired if the County has a guarantee they never can build on the lots; with Mr. Langley responding they offered to sign an agreement to say that.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive the assessments currently levied on three common areas in Rambling Acres West for South Carpenter Road/Rambling Acres Water MSBU, subject to the Homeowners Association executing an Agreement with the Board restricting its ability to develop the three tracts.

Chairman Cook inquired if it will create a deficit; with Finance Manager Jim Helmer responding it will create a $7,500 deficit; however, the MSBU was funded using variable rate commercial paper so it may be some time before they see the final financial results.

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

DISCUSSION, RE: MOWING OF ABANDONED CEMETERIES

Reverend Mildred Moten, Mt. Olive AME Church Pastor, advised on November 22, 1995, the Church had a meeting concerning keeping the cemetery mowed; at that time they were informed that the Civic League would be keeping the cemetery clean; however, they have failed to do that; and she wants to let the Board know they will be keeping the cemetery.

Chairman Cook advised there are a lot of civic organizations that would volunteer to help keep it up without becoming a County task; and there are other ideas rather than the County going out and mowing those cemeteries.

Commissioner O?Brien requested staff ask the courts how many people per year are sentenced to community service, what organizations they work through, and how many of them may be available to maintain the cemeteries that were abandoned. He stated Code Enforcement Ron Burch advised since it is a public project, they can be used for that service. Commissioner O?Brien stated Keep Brevard Beautiful has access to those people and other groups. Mr. Burch stated community groups have been interested in doing that, but many old abandoned cemeteries established in the early 1900's are not under the control of the Cemeteries Act of 1959; and finding the people who have the legitimate responsibility has been very difficult. He stated they had community efforts that have worked with them in the past to take care of some of those, but they are not guaranteed several times a year and are one-shot deals usually. Commissioner O?Brien stated the County has plenty of people sentenced to community service; and perhaps a church could provide transportation.

Chairman Cook stated there are groups that would probably volunteer to do it if they knew what cemeteries needed to be done; people in community service is another option; and it can be accomplished without being a burden to the taxpayer. Commissioner Scarborough stated the County Attorney identified Florida Statutes 497.345 which allows going on private property to maintain abandoned cemeteries; however, it should not be limited to prisoners sentenced to community service because Road and Bridge equipment will be needed to take down trees, etc. Chairman Cook stated four cemeteries have been identified, but AME will take care of its cemetery so there will only be three. County Manager Tom Jenkins advised staff will work on maintaining the abandoned cemeteries.

PERSONAL APPEARANCE - B. B. NELSON, RE: CHANGES TO INDUSTRIALLY- ZONED PROPERTY REQUIREMENTS

B. B. Nelson, 3535 Hammock Trail, Melbourne, advised an acre of land is 43,560 square feet; the term is not adapted to square feet; Cidco Park was platted in the early 1960's with most lots as 100 x 200 feet, which is 20,000 square feet; and half an acre is 21,780 square feet, so many of the industrial parks that require half-acre lots are nonconforming and 1,780 feet short of the requirement. He stated the minimum lot size in IU-1 is 1.5 acres or 200 x 300 feet, which is 60,000 square feet; and 1.5 acres is 65,340 square feet, so it is short 5,340 feet. He recommended the Board instruct staff to change the documents to eliminate the term acre and use specific square footage for smaller lots and tracts to make it accurate in industrial parks and existing subdivisions, and let them comply with the law. Mr. Nelson also requested the Board change the minimum lot size requirement in IU-1 industrial parks not adjacent to residential subdivisions from 200 x 300 feet to 200 x 200 feet.

Commissioner O?Brien stated reducing the minimum lot size from 60,000 to 40,000 square feet is a 33.3% reduction and nearly equivalent to half an acre. Commissioner Higgs recommended staff give the Board an analysis of the impact of the request Countywide.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to analyze the impact of changing acre to square feet in County documents, and reducing minimum lot size in heavy industrial parks not adjacent to residential areas from 60,000 to 40,000 square feet, and return to the Board with a report. Motion carried and ordered unanimously.

The meeting recessed at 5:54 p.m. and reconvened at 6:10 p.m.

PUBLIC HEARING, RE: MID-YEAR SUPPLEMENTAL BUDGET FOR FY 1995-96

Chairman Cook called for the public hearing to consider the first hearing of the Mid-year Supplemental Budget for FY 1995-96.

Budget Director Kathy Wall advised Brevard County supplements its budget twice a year, the first in April and the final in September, to update its financial plan in order to recognize actual receipt of funds that were not anticipated in the adopted budget and to request appropriations for those funds. She stated the total mid-year budget supplement is $41,798,436.00; the majority of the funds are associated with cash forward and grants; and the majority of expenditures are for transportation and capital projects. She advised Florida Statutes require two public hearings; and the purpose of the first public hearing is to tentatively adopt the mid-year supplemental budget and authorize staff to advertise the final public hearing for April 23, 1996. Ms. Wall advised staff withdrew the Budget Change Request for additional funding of the Children?s Baker Act until further information is obtained on the program?s funding requirements for this fiscal year; but it will not affect the budget supplement as presented.

Chairman Cook advised there is a request for two additional positions for the Judicial Branch; and Judge Moxley and Mark Van Bever are present.

Commissioner Ellis stated he does not intend to vote for them unless they have real reasons why they are needed.

Court Administrator Mark Van Bever advised there have been a lot of programs the Supreme Court and Florida Legislature initiated, especially in the area of Family Court; they have done their best to absorb the administrative burden with existing staff; and they streamlined, cut costs, and cut corners to carry on existing responsibilities plus support the administration of the new Family Court programs. He stated the first is not a Family Court Program but the Civil Traffic Infraction Hearing Officer Program which the Board approved; and funding was provided for the hearing officers, but not for scheduling, finding courtroom space, processing bills, etc. which are additional administrative burdens. He stated the Parents, Children and Divorce Program is required for individuals going through a divorce; and the parties pay the instructors, but there is an administrative burden in organizing and carrying out the program. He stated there are Visitation Guidelines, Property Mediation, Juvenile Alternative Sanctions, Pro Se Litigant, and Custody Evaluation Programs, all associated with Family Court and have been done with existing administrative staff.

Chairman Cook advised he is not prepared to vote on this until he has staff?s report, so it would be more appropriate to address it at the final hearing.

Commissioner Ellis advised the Civil Traffic Infraction Program does not require anything more than what they did before other than have attorneys who act as hearing officers rather than judges, and the paper work should be the same. Mr. Van Bever advised they do not do the hearings in the courthouse anymore which means his staff has to locate and maintain locations throughout the County for those hearings; they also have bills to process that they did not process before; and they have questions from hearing officers to answer that they did not have from the judges. He stated they also supply training to the hearing officers; and those are all additional administrative things that are ongoing that were not required when the County Court did it.

Commissioner Ellis advised Court Administration requested the hearing officers to relieve the burden on County Judges; the Board agreed to fund the hearing officers; and the hearings are generally held in Melbourne Beach, Cocoa Beach and Rockledge City Halls, so there is no real cost or burden. He stated consolidation of Court Administration in the Justice Center should have some kind of savings on the staff?s time; and the County is going through massive consolidation of the courts and putting 14 to 15 judges in one courthouse, but there is no savings from anyone involved in the courts. He stated he expected to see some savings and not an increase, because the staff does not have to go to Rockledge Courthouse and will make fewer trips to Melbourne Courthouse, so they would have the time available that they previously spent traveling. Mr. Van Bever advised one thing he noticed in other circuits is if Court Administration is in the same building with all the support staff and judiciary, the demands actually increase due to accessibility rather than decrease due to consolidation. Commissioner Ellis stated then the Board could go back to his original proposition to leave Court Administration in the Government Center and turn its space in the Justice Center into facilities for the 16th judge. Mr. Van Bever advised being in a building 200 yards away will still increase accessibility. Commissioner Ellis inquired where can the Board put the Court Administration Office to save money, noting there is space in Titusville. Mr. Van Bever advised the programs were added, and administrative support is needed whether they consolidate or stay with branch courthouses.

Judge Dean Moxley advised one issue that is addressed in all family court cases is property; it is significant because factual findings are required by all judges in all those cases; so every case becomes not only a child custody issue if that is litigated, but a property issue because of the equitable distribution statute. He stated right now they mediate child custody, visitation, support, and things of that nature; the property mediation issue is an advance; and once they mediate child custody, visitation, child support, and property issues, everyone should be satisfied with the results and there should not be a supplemental filing. He stated property mediation requires more acumen and savvy than they presently have on staff; a mediated settlement is always preferable to a judge deciding the issue because both parties are not unhappy; and that is because mediation is a win/win situation and adjudication is a win/loss situation.

Mr. Van Bever advised ten years ago only 10% of domestic relations cases had a party without an attorney; today it is 50%, so they take more time; 74% of the domestic relations cases are over the 180-day time standard set by the Supreme Court; and the case coordinator position for property mediation will allow those cases to be heard faster and settle disputes quicker. He noted those cases take more time because pro se litigants increased fivefold from what it was 10 years ago.

Commissioner Ellis inquired how many staff members did Court Administration have ten years ago; with Mr. Van Bever responding he does not know, but the position is not for Court Administration, it is a case management position. Commissioner Ellis stated it is not for the State Attorney or Public Defender, so he does not know where else it falls. Commissioner Scarborough inquired if domestic relations is handled by the Court Administration; with Mr. Van Bever responding yes, his budget is called the Judicial Branch, and is for the courts and judges.

Commissioner Ellis stated when the Board picked up the cost of the hearing officers to relieve the burden on County Court Judges, it relieved the State of bringing in another judge. He stated adjudication is a State expense and mediation appears to be a County expense now.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table request for funding of new positions for the Judicial Branch Administration until April 23, 1996. Motion carried and ordered; Commissioner Ellis voted nay.

Commissioner Ellis advised there is unbudgeted cash forward in the Supervisor of Elections Office, and a request for $125,000 increase for precinct workers. Ms. Wall advised Supervisor of Elections Fred Galey indicated he achieved those savings through hiring of part-time employees in the previous fiscal year, as well as contracting some of the services he provided. She stated there are three new precincts opening for this election year; and Mr. Galey needs additional employees to staff those precincts as well as hire deputies to man those precincts. She noted he also needs $40,000 for the election equipment contract. Chairman Cook inquired if that is for additional equipment; with Ms. Wall responding no, it is for the lease of existing equipment. Commissioner Ellis stated he understands the $40,000, but three precincts will not cost $125,000.

Supervisor of Election Fred Galey advised they kept two positions unfunded to generate additional funds to man the necessary positions for the precincts and for the extra work they will have to do this Fall with absentee ballots, petition verifications, etc. which will require maintaining three shifts. He stated they had $212,000 in their budget which was cut in September; and this is an attempt to cover the costs for additional manning to do verifications and everything else they have to do. He stated if the $165,000 is taken, it will create an impact on the ability to provide the services. Commissioner Ellis requested a breakdown of the $125,000, identifying in detail specifically what it will be used for. Mr. Galey stated they earned the cash forward and assumed it would be there, but he will provide specific detailed breakdown of where it will go. He stated he tries to manage so he has that available; and if he is going to be penalized for managing to have funds available, then he could manage not to have it available although that is not what he wants to do. Commissioner Ellis stated the Board can manage not to budget it also.

Commissioner Ellis advised there is about $400,000 in cash forward for Court Administration to purchase furniture; the Board discussed using a portion of that money for information systems for the new Justice Center because it will be short on getting information systems up to par in that facility; and he was looking for a breakdown on that money. County Manager Tom Jenkins advised he thought what it was going to cost to move in, where it was coming from, and what they were going to spend it on was given to the Board; and if not, he will do that. Commissioner Ellis stated it is appropriated for new furniture when they vacate the courthouses. Chairman Cook advised the State Attorney and Public Defender do not need new furniture, so it is befuddling to him why other people are not taking their furniture with them. He requested a complete breakdown of those funds.

Commissioner Scarborough recommended meeting earlier than the evening meeting to take care of the supplemental budget. Mr. Jenkins stated the final hearing is scheduled for 5:01 p.m., but the Board could continue this meeting to an earlier time. County Attorney Scott Knox advised the Board can continue today?s hearing to a time before 5:01 p.m. then hold the final hearing at 5:01 p.m. Commissioner Ellis inquired if it could be continued to the budget workshop on Thursday; with Mr. Knox responding yes.

Chairman Cook advised the Board will discuss the supplemental budget at the April 18, 1996 Budget Workshop, including furniture for the Justice Center and Elections cash forward, and will take action on April 23, 1996, at the final public hearing.

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

ACCEPTANCE, RE: INVESTMENT ACTIVITY REPORT

Motion by Commissioner Higgs, seconded by Commissioner Cook, to accept the Investment Activity Report as of February 29, 1996. Motion carried and ordered unanimously.

PROFESSIONAL SERVICE AGREEMENT WITH BUSSEN-MAYER ENGINEERING GROUP, INC., RE: PORT ST. JOHN EAST CONNECTOR ROAD PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Professional Service Agreement with Bussen-Mayer Engineering Group, Inc. to provide engineering services for Port St. John East Connector Road project. Motion carried and ordered unanimously.

DISCUSSION, RE: SHIP PROGRAM SPONSORED HOME BUYER ACTIVITY

Assistant County Manager Joan Madden advised in April, 1994, the Board approved implementation of a three-year State Housing Initiatives Partnership (SHIP) Program Plan, but staff has not implemented and has not applied funding for an activity for sponsored home buyers; it is defined as an activity where not-private/not-for-profits or for-profits could be solicited to provide home buyer assistance as opposed to the County doing it in-house; and staff will put that contract out for bid. She stated they are in the process of amending the SHIP Plan; and staff needs direction if the Board wants to continue in that direction or continue the activities they are currently doing which are demolition and rebuilding of homes, full-scale rehabilitation, and down payment assistance.

Commissioner Higgs advised the advantage would be a private group could leverage resources and have more people served; with Ms. Madden responding that is the theory and how it should play out. Commissioner Higgs stated Habitat for Humanity has requirements for individuals to be involved and contribute labor, but the County programs do not have that; with Ms. Madden responding the County programs require financial counseling, but not sweat equity; and right now the sponsored home buyer program is wide open and it could include criteria the Board wants. She inquired if the Board wants to narrow it to not-for-profits and what type of criteria or parameters it wants to include in the RFP. Commissioner Higgs stated it is an opportunity to leverage money with private resources.

Commissioner Ellis questioned ?For each $50,000 allocated for new activity, one of the following cuts in existing service levels must be made.? Ms. Madden advised all the money is allocated to existing programs; and if they implement the sponsored home buyers program, some of the money would have to shift out of the other programs. She noted it is a change in direction and not a cut in service.

Housing and Human Services Director Bernice Jackson advised staff anticipates an increase in SHIP dollars; however, it also anticipates a decrease in HOME and CDBG dollars; and all the funds are meshed to cover all the programs they are currently doing. Discussion continued on where to cut funds to implement the sponsored home buyer program.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to direct staff to implement the sponsored home buyer activity program, and direct staff to prepare the request for proposal including for-profit and not-for-profit groups, and return it to the Board for approval. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to take $49,000 from Demolition and Rebuilding of Substandard Housing to implement the Sponsored Home Buyer Activity Program. Motion carried and ordered unanimously.

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

County Manager Tom Jenkins explained the cost-cutting ideas/suggestions to: (1) utilize more efficient copiers, explore purchasing rather than renting; (2) increase clock speed of mainframe computer so that operators are not booted out of the system; (3) increase use of LAN to allow submittal, approval and processing of purchase requisitions, orders, etc.; (4) upgrade existing facilities to current building standards in order to increase efficiency; and (5) initiate cross-training programs for all Departments. He further explained data shows renting copiers are more cost effective; progress is being made in the client/server project; greater use of LAN is possible with up-to-date HR/Financial Software package, and the selection process is underway. He stated all the County?s newer buildings and renovated buildings are up to Code; and cross-training began on April 3, 1995 and is continuing.

Chairman Cook advised $20,000 a month is for maintenance of FAX machines; there are not that many problems with FAX machines; and to replace them would cost a few hundred dollars. He requested the County Manager look into that and all the maintenance contracts. Commissioner O?Brien recommended including telephones.

Commissioner Ellis stated cross-training is critical when it comes to emergency situations such as hurricanes; and they need to cross train Parks and Recreation maintenance crews under Road and Bridge to assist in times of emergencies.

The Board acknowledged receipt of cost cutting ideas/suggestions from County Departments.

CHANGE ORDER NO. 23 WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Facilities Construction Director Joseph Vislay advised the request was made by Court Administration and the Judges to install additional counter tops, doors, and electric latches controlled at each judicial assistants? office, and install windows to allow plaintiffs and defendants to negotiate and settle disagreements, at a total cost of $31,406.80. Chairman Cook inquired if it is within the funds; with Mr. Vislay responding yes.

Discussion ensued on the number of windows to be installed, decorum of people coming into the courtrooms, and cost per window.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct staff to obtain quotes for windows, one per room. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Change Order No. 23, Item 1 only, for counters, doors and electric latches. Motion carried and ordered unanimously.

DISCUSSION, RE: CREATION OF SPOIL ISLANDS

Commissioner Ellis recommended staff negotiate with Department of Environmental Protection and St. Johns River Water Management District on creating new spoil islands. He stated he does not know if it can be done or not, but there should be a way to put in a retaining wall so it does not slide back into the river. He stated F.I.N.D. has testified in court that there is nothing hazardous about the material they pull out.

Commissioner O?Brien advised he met with F.I.N.D. and Merritt Island Dredging Committee; its representative had a real problem about spoil islands because they erode and fill the channel back in; and he was adamantly against anything that would erode away and fill in what was dredged out. He stated a lot of the spoil islands are far from the channel; and there are ways to build them to contain the spoil. He noted spoils contain silt which is good for seagrasses, and the manatee population will have more grass. Commissioner Ellis stated if they build retaining walls it would stop the erosion problem.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to direct staff to contact Florida Department of Environmental Protection and St. Johns River Water Management District to investigate creation of new spoil islands. Motion carried and ordered unanimously.

DISCUSSION, RE: CITIZENS ADVISORY COMMITTEE ON IMPROVED ACCESS TO GOVERNMENT INFORMATION

Commissioner Scarborough advised Mr. Lamers being Chairman of the Citizens Advisory Committee on Improved Access to Government Information has created a problem; if a Committee member wants to discuss an idea with staff, he has to go to a subordinate and not the head of the Department; and the subordinate is precluded from talking to the person who is in charge because he will become a conduit under the Sunshine Law. He recommended the Board follow its traditional pattern of not having a staff member serve as a member of a committee, and instead be a liaison.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, for discussion, to remove all staff members from the Committee on Improved Access to Government Information to avoid violations of the Sunshine Law.

Commissioner O?Brien recommended any time a committee is created, the chairperson be appointed for six months; and after that the committee elect its own chairman. Commissioner Scarborough recommended a separate motion because it should apply to all new committees.

Communications Network Director Joe Lamers inquired if the Board?s intent is to have no staff on the Committee; with Commissioner Scarborough responding it creates a problem because staff would not be able to discuss any ideas without violating the Sunshine Law. Commissioner Higgs inquired if they could be non-voting members; with Commissioner Scarborough responding yes, if Mr. Knox concurs. County Attorney Scott Knox recommended keeping staff off committees entirely. Mr. Lamers inquired if a revised resolution is required; with Chairman Cook responding yes.

Chairman Cook advised in Mr. DeLancey?s letter, he brought up support from other Constitutional Officers; his appointment is Nick White who works for the Clerk; so there is some input from other offices.

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

DISCUSSION, RE: APPOINTMENT AND ELECTION OF CHAIRMEN

Commissioner O?Brien recommended a pro tempore chairman and vice chairman of new committees for six months, and at the end of that period, the committee appoint its own chairman and vice chairman for one year. Commissioner Higgs recommended four months; with Commissioner O?Brien responding that is fine.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to set a policy that all new committee chairman and vice chairman appointments be made for the first four months, and thereafter a committee appoint its own chairman and vice chairman for one year; and direct staff to prepare a revised resolution for the Citizens Advisory Committee on Improved Access to Government Information. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF RESOLUTION FROM BREVARD MPO, RE: REQUESTING EXTENSION OF LOCAL OPTION GAS TAX

Commissioner Scarborough inquired what would the Board want staff to give it to discuss the local option gas tax, as Commissioner Ellis wanted information regarding possible projects and Commissioner Higgs wanted a composition of which municipalities were in support of the extension.

Commissioner Ellis stated he does not know how the Board could discuss expansion without a list of projects; and he does not want to line item in the year 2003 and 2004, but should have a list and ranking somewhat narrower than the 2020 Plan. Commissioner Scarborough requested staff schedule it for discussion after they receive comments from 75% of the municipalities and put together a list of possible projects. Commissioner Ellis inquired if the Board scheduled a transportation workshop.

The Board acknowledged receipt of a Resolution from the Brevard MPO requesting extension of the local option gas tax, and letters from Cities of Melbourne, Indian Harbour Beach, Cocoa Beach, West Melbourne, and Cape Canaveral, and from the Town of Malabar, all supporting the MPO Resolution; and indicated discussion of the item at a transportation workshop.

APPROVAL TO INCREASE OPEN PURCHASE ORDER WITH AERO PRODUCTS, RE: MEDICAL SUPPLIES

Commissioner Higgs inquired when was the last time medical supplies were bid; with Chief William Farmer responding the item was not bid; they are working on that, and the Board today granted permission to bid this issue; and they attempted to do it in January, but it has taken this long to get the bid package ready. He stated there were specific products that could only be obtained through Aero; since then that has changed although not completely; and the bid package approved today has a variable where staff can pick and choose vendors. Commissioner Higgs stated there was high procurement in pharmaceuticals without bids; and inquired what else has not been bid, and is staff getting to the point where they will bid all those things. Chief Don Boykin, Public Safety Director, advised it is his intention to bid everything he can bid; the recent proposal to bid out refurbished units was because there are other vendors who can also do it; so they will be bidding that process. Commissioner Higgs expressed her concern about high ticket items consistently not being bid; and Chief Farmer stated some of the items are very inexpensive; with Commissioner Higgs responding but they all add up to $70,000.

Assistant County Manager Joan Madden advised some of them were quoted; the original purchase order was not $75,000, it was $35,000; and that can be done on a quote as opposed to a bid. She stated the standard practice has been to quote them, open the P.O. and increase the P.O. as needed; but that does not mean it is the appropriate way or the way staff should continue to do it. County Manager Tom Jenkins recommended staff research it and give the Board the information. Commissioner Ellis stated the Board has to approve this one because the supplies are needed.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to increase open purchase order with Aero Products for medical supplies to $75,000; and direct staff to bring back a report on bidding the products. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING INDIAN RIVER LAGOON GREENWAY

Commissioner Scarborough advised staff has concerns will the wording, ?initiate amendments to the Comprehensive Plan,? because the Board should not take action of that magnitude in a resolution since it requires a legal process. Commissioner Ellis stated that is his concern also.

Norma Savell, 3500 S. Courtenay Parkway, Merritt Island, speaking for Citizens for Constitutional Property Rights, advised Judy Barry from Earth First, said, ?I think if we don?t overthrow capitalism, we don?t have a chance of saving the world ecologically. I think it is impossible to have an ecologically-sound society under socialism. I don?t think it?s possible under capitalism?; and stated that attitude seems to be alive and well in Brevard County Government. She stated she does not know what the resolution entails, but inquired why is there an amendment. Ms. Savell stated the County has initiated programs of land acquisition, zoning and other measures, but the statement that it will assure a sound economic base for the community is a stretching oxymoron. She stated property owned by the government pays no taxes and causes increased burden on the community; and this resolution promotes environmental tourism thus making some money off the backs of people forced to give up their property who may have been unable to use it when they had it. She stated it is another step towards taking away total property rights; some members of the Board continue to rape the County in ways such as this; and representatives of the County travel the State holding its measures up as a model for others to copy. She stated Brevard County has faired the worst with some of its elected officials representing mostly the environment instead of people; and they oppose this resolution.

Commissioner Ellis inquired who wrote the resolution.

Commissioner Scarborough noted Margaret Broussard requested the Board look at it; and stated he needs to respond to Ms. Savell. He advised the highest property value lies where there is a balancing of a quality community; and part of a quality community is what they do collectively. He stated individual rights alone do not raise property values to the maximum; it is where they have aesthetic improvements and other amenities that they do collectively; and a lot of things done collectively go beyond the environment. He advised a community that does not have collective attributes may have rapid expansion, but in the end it does not maximize property values or profit; that has been his observations in traveling; and he wanted to share that with Ms. Savell. He stated those things do not hurt property values, but increase them and sustain them; a complete laissez faire attitude, where anybody can do what they want with their property, in the end collapses the quality and property values; and he can give item-by-item where he has observed areas not being protected collectively. Commissioner Scarborough stated it is not fair to say that the capitalistic system has not preserved property values, after considering Chernobyl and other events that have occurred in the socialist world; it is in the free economies where they have acted collectively in a responsible manner where they have achieved the best; and it has not been in the socialist world. He stated Ms. Savell refers to the property owner; a property owner is also the person who has land next to the land developer and who has also been paying taxes and does not want to see his property value eroded; so it is not a matter of government against property owner, but a matter of different rights coming together collectively. He stated he cannot take his rights and force them to the point where he degrades his neighbor?s property, because that is taking it to the extreme.

Chairman Cook stated Commissioner Scarborough makes a good point; he did not hear that quote from Earth First, but if anyone wants to look at absolute environmental devastation, they should look at Eastern Europe that was totally under socialism and communism because they have the worst destruction of the environment imaginable. He stated the countries that are protecting the environment, like the United States, are the ones that thrive under capitalism; so who made that statement Ms. Savell quoted is completely off base.

Commissioner Scarborough stated there are individual property rights and collective property rights; and where there is not a process where people can stand up and oppose development and want to see something collectively improve a community, there will be property values falling rather than increasing. Ms. Savell stated she worries when Commissioner Scarborough uses the phrase collective. Commissioner Scarborough stated any time they can come together as a community to build a library or road, or provide fire protection or police protection, as a collective activity, it is better than a third world country where there is no police, no schools, rough roads, etc., that is the elimination of government. He stated there are levels of collectiveness that is called civilization.

Commissioner Ellis recommended deleting the last paragraph of the resolution. Chairman Cook advised he does not know what the impact is of designating the greenway; with Commissioner Higgs responding there is an effort by some people to protect the resources of the lagoon; there are greenways throughout Florida; and they want the lagoon to be one of those key greenways. Commissioner Ellis stated the Board is not designating anything, it says designated by the Governor.

Commissioner O?Brien stated he watched a television program where Earth First was being portrayed as an almost very violent sub-culture; and many college students are into it, and they are violent. Chairman Cook stated the capitalist society is protecting the environment far ahead of other nations in the world; and that point needs to be made.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution recognizing the Indian River Lagoon Greenway, with deletion of the last paragraph committing to a comprehensive plan amendment. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, AND BUDGET CHANGE REQUEST, RE: H. S. WILLIAMS HOUSE GRANT

Commissioner Higgs advised she does not have a problem with obtaining the grant, but has concerns about using Beach and Riverfront funds to renovate a historical structure.

Chairman Cook advised he concurs with that and has questions about it, but does not want to lose the grant. He stated it should be renovated through private donations, grants, etc., but it is not a proper expenditure of Beach and Riverfront funds; and recommended it be sent without designating the Beach and Riverfront funds as a matching source.

Parks and Recreation Director Charles Nelson advised by signing the Grant Agreement, the Board is committing to the matching funds, but he is not certain it has to designate the source at this time.

Commissioner Higgs inquired when will the grant be received; with Mr. Nelson responding the project has to be completed by June 30, 1997. Commissioner Ellis stated he does not want to proceed without knowing where the money will come from; with Chairman Cook responding the Board can address that later. Mr. Nelson advised on May 7, 1996, staff will bring a series of questions asked by the City of Rockledge that will help to further define what the County?s role should be in this process; if it decides not to proceed, it will not have to accept the grant; and there are a series of questions, such as will it be funded with paid staff, is it going to be volunteers, etc. that will be brought to the Board. Commissioner Ellis inquired about the Rockledge Parking Board; with Mr. Nelson responding staff went to it today and was approved for eight parking spaces with the ability to do some overflow parking.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Florida Department of State, Division of Historical Resources, for a grant to renovate Senator H. S. Williams? house, subject to not identifying the source of matching funds as Beach and Riverfront Acquisition Program funds. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 7:29 p.m.

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

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