The Board of County Commissioners of Brevard County, Florida, met in regular session on July 23, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, 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 Dr. Wendell Gibbs.

Commissioner Ellis led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve the Minutes of February 6, 1996 Regular Meeting, February 26, 1996 Zoning Meeting, March 5, 1996 Regular Meeting, March 28, 1996 Zoning Meeting, and April 18 and 23, 1996 Special Meetings. Motion carried and ordered unanimously.

REPORT, RE: BEELINE EXPRESSWAY TOLL INCREASES

Commissioner O?Brien advised of the MPO July Newsletter stating Florida Department of Transportation held two public hearings to solicit comments on the proposed toll increase on the Beeline Expressway, and the reasons cited. He stated the bond has been paid off, and the Board has said to tear the toll booth out on SR 520 and add a quarter at the Airport.

Chairman Cook stated the Board did not vote on that, but it did vote to send a letter opposing the increase. He recommended the County Manager send a letter to Florida Department of Transportation and the MPO communicating the Board?s opposition to the increase in toll rates on the Beeline.

REAPPOINTMENTS, RE: ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to reappoint Ron Chmielewski to the Public Golf Advisory Board with term expiring December 31, 1996; and reappoint Bill Gaines to the South Mainland Library Advisory Board with term expiring December 31, 1997. Motion carried and ordered unanimously.

DISCUSSION, RE: ALZHEIMER?S ASSOCIATION FACILITY

Commissioner Higgs requested staff bring the Board a report on the Alzheimer?s Association facility to discuss at the Workshop Thursday morning. She stated they have to finalize the item on the land by August 1, 1996.

Discussion ensued on the acreage at the Road and Bridge site.

Commissioner Higgs inquired if Thursday morning is okay; with Chairman Cook responding that will be fine.

RESOLUTION, RE: COMMENDING MARK B. SCURRAH

Commissioner Ellis read aloud a Resolution commending Mark B. Scurrah posthumously for services to Brevard County and presented the Resolution to Mrs. Scurrah.

Mrs. Scurrah thanked the Board on behalf of Mr. Scurrah?s family and friends.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution commending Mark B. Scurrah for his outstanding public service to Brevard County. Motion carried and ordered unanimously.

AGREEMENT WITH TAMMY WESTFALL, RE: CANAVERAL GROVES, SECTION 29 IMPACT FEE FINANCING

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Tammy Westfall to finance the impact fee for Canaveral Groves Section 29. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR IMPROVEMENTS IN VIERA, TRACT G-1, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution releasing the Contract with The Viera Company for improvements in Viera, Tract G-1, Phase II. Motion carried and ordered unanimously.

CONTRACT WITH THE WILLOWS II DEVELOPMENT CO., INC., RE: INFRASTRUCTURE IMPROVEMENTS IN WILLOWS, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Contract with Willows II Development Co., Inc. for infrastructure improvements in Willows, Phase II. Motion carried and ordered unanimously.

REQUEST FROM FANTASAM PRODUCTIONS, INC. AND FAT HARRY PRODUCTIONS, INC., RE: MUSIC FESTIVAL AT COCOA EXPO STADIUM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve issuance of a single special event permit to Fantasam Productions, Inc. and Fat Harry Productions, Inc. for an outside music festival at Cocoa Expo Stadium on August 9, 1996. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITY EASEMENT IN ATLANTIC GARDENS - JAMES AND MELISSA BAUM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution setting a public hearing for August 20, 1996, to consider vacating a portion of a public utility easement in Atlantic Gardens as petitioned by James C. and Melissa P. Baum. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH FRED AND RUTH BOOZER, RE: OFFICE SPACE FOR LOCAL PUBLIC HEALTH UNIT IN MELBOURNE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Lease Agreement with Fred and Ruth Boozer for office space at 2275 S. Babcock Street in Melbourne for the Local Public Health Unit, from August 1, 1996 through July 31, 2001, at $9,391.66 per month. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF ROCKLEDGE, RE: FUNDING FOR FENCING OF STORMWATER RETENTION FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with City of Rockledge providing funding for fencing of a stormwater retention facility at $15,643. Motion carried and ordered unanimously.

AGREEMENT WITH JANCY PET BURIAL SERVICE, RE: PICKUP AND DISPOSAL OF ANIMAL CARCASSES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Jancy Pet Burial Service to pick up and dispose of animal carcasses from North and South Animal Shelters, Central Brevard Humane Society, Animal Control Pineda Field Operations Office, and Veterinary offices in the County, from October 1, 1996 through September 30, 1997 at $52,500. Motion carried and ordered unanimously.

REVISED POLICY BCC-33, RE: RECORDS MANAGEMENT PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve revised Policy BCC-33 regarding the records management program. Motion carried and ordered unanimously.

AMENDMENTS 1 AND 2 TO AGREEMENTS WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENDING TIME FOR KENNEDY POINT AND KELLY PARK WEST

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendments 1 and 2 to Agreements with Department of Environmental Protection extending time for Kennedy Point Park and Kelly Park West grants to August 11, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH KIWANIS ISLAND TENNIS ASSOCIATION, RE: USE OF TENNIS COURTS AT KIWANIS ISLAND PARK

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Kiwanis Island Tennis Association for use of tennis courts at Kiwanis Island Park from July 23, 1996 through July 22, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH SATELLITE BEACH SOCCER CLUB, RE: USE OF SOUTH PATRICK COMMUNITY PARK

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Satellite Beach Soccer Club for use of South Patrick Community Park from July 23, 1996 through July 22, 1997. Motion carried and ordered unanimously.

APPOINTMENTS, RE: PUBLIC GOLF ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appoint Jack Greene, 1823 Edith Street, Palm Bay 32904 to represent The Habitat Golf Course, Gil Ryan, 424 Kings Manor Lane, Merritt Island 32953 and Paul Mahnke, 2430 Sykes Creek Drive, Merritt Island 32953 to represent Savannahs at Sykes Creek Golf Course, Fred DeAngelis, 124 13th Street, Indialantic 32903 and Vivian Sollenberger, 786 Cavalier Drive, Indialantic 32903, to represent Spessard Holland Golf Course on the Public Golf Advisory Board. Motion carried and ordered unanimously.

CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, RE: PUBLIC SAFETY, CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, HARBOR CITY VOLUNTEER AMBULANCE SQUAD, INC., KENNEDY SPACE CENTER, CITY OF PALM BAY, AND CITY OF SATELLITE BEACH

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Certificates of Public Convenience and Necessity for Public Safety ALS, Cape Canaveral Volunteer Fire Department ALS, Harbor City Volunteer Ambulance Squad, Inc. ALS and BLS, Kennedy Space Center ALS and BLS, City of Palm Bay ALS, and City of Satellite Beach ALS. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: EMS COUNTY GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Budget Change Request for an increase of $35,000 in the EMS County Grant cost center. Motion carried and ordered unanimously.

TASK ORDER NO. 8 WITH GERAGHTY & MILLER, INC., RE: CONSULTANT SERVICES FOR CLEANUP OF MOSQUITO CONTROL COMPLEX AT MELBOURNE AIRPORT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Task Order No. 8 with Geraghty & Miller, Inc. to provide engineering consultant services for the clean up of the old Mosquito Control Complex at Melbourne Airport at $25,000. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: AQUATIC WEED CONTROL GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Budget Change Request increasing budget for the aquatic weed control grant of $20,260. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH CENSTATE CONTRACTORS, INC., RE: NORTH BREVARD WATER SYSTEM IMPROVEMENTS, REMOTE STORAGE TANK AND PUMP STATION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order No. 1 to Agreement with CenState Contractors, Inc. for North Brevard Water System Improvements, Remote Storage Tank and Pump Station, increasing contract price by $2,774.95 for electrical protection components which were not required by the Electrical Code when the generator was installed years ago. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH RKT CONSTRUCTORS, INC., RE: THERMAL ENERGY STORAGE SYSTEM AT HISTORIC TITUSVILLE COURTHOUSE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order No. 2 to Agreement with RKT Constructors, Inc. for Thermal Energy Storage System at Historic Titusville Courthouse, increasing contract price by $1,512.52 for removal of existing concrete slab for installation of foundation for the thermal tank containers. Motion carried and ordered unanimously.

APPROVAL, RE: TAX COLLECTOR?S COST FOR ADMINISTRATION OF OCCUPATIONAL LICENSES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the Tax Collector?s proposed cost for administration of occupational licenses from August 1, 1996 through July 31, 1997 at $200,729. Motion carried and ordered unanimously.

APPROVAL, RE: NEW CLASSIFICATION AND PAY GRADE FOR GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve establishment of Attendant, Pay Grade 316 ($11,440-$16,016) in the current Classification and Pay Plan, and Attendant, Pay Grade 680 ($11,440-$17,742.40) in the Consolidated Classification and Pay Plan, effective October 1, 1996. Motion carried and ordered unanimously.

STIPULATED SUPPLEMENTAL FINAL JUDGMENT, RE: BREVARD COUNTY vs. ELWOOD J. WARDLOW, ET AL

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the Stipulated Final Judgment of Brevard County vs. Elwood J. Wardlow, et al, at $79,124.80 for condemnation proceedings for North Courtenay Parkway project. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

PERSONAL APPEARANCE - ROSETTA F. PEASE, RE: COMMENDATION RESOLUTION

Commissioner O?Brien read aloud a Resolution commending Rosetta F. Pease for receiving the National Association for Family and Community Education "Heart of FCE" Award; and presented the Resolution to Ms. Pease.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution commending Rosetta F. Pease for winning the Heart of FCE Award. Motion carried and ordered unanimously.

Ms. Pease advised she enjoyed doing the work, and thanked the Board for the Resolution.

PERSONAL APPEARANCES - WENDY ELLIS AND MICHAEL T. KELLY, RE: COMMENDATION RESOLUTION AND SCAT MARKETING REPORT

Transit Services Director Don Lusk advised Space Coast Area Transit received a marketing grant from Florida Department of Transportation to be implemented through Space Coast Advertising which completed key components of the plan to share with the Board. He stated Wendy Ellis of Space Cost Advertising will give the Board a quick overview of the Plan and show a video of the promotion by Michael T. Kelly.

Wendy Ellis, representing Space Coast Advertising, advised how the Agency proceeded with the SCAT campaign and the volunteer services of Mr. Kelly.

Chairman Cook read aloud a resolution commending Michael T. Kelly for his assistance in the SCAT marketing efforts, and presented the Resolution to Mr. Kelly.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution commending Michael T. Kelly for his volunteer assistance with the SCAT campaign. Motion carried and ordered unanimously.

Mr. Kelly advised he was pleased to work with Wendy Ellis on the SCAT campaign.

Chairman Cook expressed appreciation to Mr. Kelly for his volunteer public service.

PERSONAL APPEARANCES - JIM LaCOY AND CREW OF ASTRO FLYER, RE: COMMENDATION RESOLUTION

Commissioner Scarborough advised the crew of Astro Flyer was the first high school crew to ever enter the Corel Great Race; and on June 16, 1996, they began the 14-day, 4,100 mile race which covered 13 States and one Canadian Province. He read the Resolution congratulating the crew for their outstanding commitment and enthusiasm in the Corel Great Race, and presented it to them.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Jim LaCoy and the crew of the Astro Flyer for outstanding commitment in the Corel Great Race and winning the Doc Robert Fuson Spirit of the Event trophy. Motion carried and ordered unanimously.

Jim LaCoy explained how the Astro Flyer got into the Great Race.

PUBLIC HEARING, RE: ORDINANCE REGULATING LIVE-ABOARD VESSELS

Chairman Cook called for the public hearing to consider an ordinance modifying the rules governing live-aboard vessels.

County Attorney Scott Knox explained the provisions of the ordinance.

Nils Parro, Earl Lamar, Gene Autery, James Conner, Janet Bonder, Gegg Sullivan, Marcia Bauer, Ian Simmonds, Rihr Johnson, Pete Kaiser, Donna Ritchley, Bob McCann, Elizabeth Fetterhoff, H. F. Little, Tom Patterson, Bill Howard, David Johnson, Michael Calderazzo, Warren McFadden, Mike Potter, Doug Jaren, Dean Kubitschek, Julie Fitzpatrick, Dr. Carol Schmidt, Gordon Butler, James Young, and Bill Somers addressed their concerns to the Board.

The Board discussed the issues and concerns.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to establish a committee of ten members consisting of boating interests and property owners, with each Commissioner appointing two individuals; directed the Committee to identify problems related to live-aboard vessels and possible solutions, and report back to the Board; and direct staff to look into State and federal grants that may be available for pump out stations. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Pete Kaiser and Gordon Butler to represent District 1 on the Live-Aboard Vessels Committee. Motion carried and ordered unanimously.

CONTRACT OPTION LETTER AND CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, RE: COASTAL HEALTH SYSTEMS

Bob Cunningham, President of Coastal Health Systems, commented on the inter-facility ambulance contract extension; and requested the contract be extended for two years.

Dayna Gaut, representing Rural Metro Ambulance, and Attorney Leonard Spielvogel, representing Coastal Health Systems, addressed their concerns to the Board.

The Board discussed the issues and a request for proposals.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to request a specific audit on the allegations.

Discussion continued between the Board and Attorney Spielvogel.

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

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to extend the Contract with Coastal Health Systems for one year. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to extend the Certificates of Public Convenience and Necessity to September 30, 1998. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - HELEN SMITH, RE: MANUFACTURING OF SAND FLEA TRAPS AT 101 RIVER PARK BOULEVARD

Helen Smith commented about the County changing the Code so Dale and Bea Polk could manufacture sand flea traps at their home.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to allow an additional five minutes for Ms. Smith?s presentation. Motion carried and ordered unanimously.

Ms. Smith continued her comments on what transpired on their street.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to allow five additional minutes for Ms. Smith to make her presentation. Motion carried and ordered unanimously.

Ms. Smith continued her comments about Code Enforcement, and made allegations about County personnel and Commissioners, and requested Ms. Polk be stopped from manufacturing in RR-1-11.

County Manager Tom Jenkins advised of efforts made to assist Ms. Smith and enumerated the times staff and the Sheriff?s Department made trips to her neighborhood. He stated the Polks may have moved their business to a warehouse and he would be reluctant to invest more time to investigate complaints about manufacturing if there is no business activity at that home.

The Board discussed whether to allow other speakers under Personal Appearances, and decided to allow it.

Ida Blickley advised of how the problem started and the amount of correspondence involved. Bea Polk commented on the other side of the story.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to allow additional time for Bea Polk to address the issues. Motion carried and ordered unanimously.

Ms. Polk requested the Board put a stop to what is going on in her neighborhood. Lou Smith stated it is a neighborhood dispute and advised of occurrences that took place involving some County personnel.

The Board discussed several issues that were raised, but took no official action.

The meeting recessed at 1:45 p.m. and reconvened at 2:45 p.m.

PUBLIC HEARING, RE: ORDINANCE AND POLICY AMENDING VACATING POLICY TO PROVIDE FOR ROADWAY AND EASEMENT PERMITS

Chairman Cook called for the public hearing to consider an ordinance and policy amending the vacating policy to provide for roadway and easement permits.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Ordinance amending Section 86, Article II, Code of Brevard County, Florida; specifically amending Section 86-36 relating to petition requirements; specifically amending Section 86-37 relating to fees; specifically amending Section 86-38 relating to review of petition; establishing issuance of roadway and easement permits; specifically amending Section 86-39 relating to notice of public hearing; amending Section 246, Article II, Code of Brevard County, Florida; specifically amending Section 246-32 relating to notice of intent to vacate; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code; and providing for an effective date; and adopt Policy establishing procedure dealing with vacating of County roads, rights-of-way and easements. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CHANGING IU AND IU-1 ZONING CLASSIFICATIONS

Chairman Cook called for the public hearing to consider an ordinance amending the IU and IU-1 zoning classifications affecting lot sizes and width.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Ellis, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1543, Light Industrial, IU providing for a change to minimum lot size; amending Article VI, Section 62-1544, Heavy Industrial IU-1, providing for a change to minimum lot size and to minimum lot depth; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SPRINKLER AND ALARM REQUIREMENTS

Chairman Cook called for the public hearing to consider an ordinance amending sprinkler and alarm requirements.

Chief M. A. Taggart explained the proposed changes to the sprinkler and alarm requirements.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Ordinance amending Chapter 50, Code of Ordinances of Brevard County, Florida; specifically amending Section 50-42 relating to automatic sprinklers and alarm system requirements; providing for thresholds for installation of automatic sprinklers and alarm systems; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code; and providing for effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN VILLA DePALMAS, SYKES COVE, SECTION 2 - JOHN R. AND MARGARET G. SMITH

Chairman Cook called for the public hearing to consider a resolution vacating a public utilities and drainage easement in Villa DePalmas, Sykes Cove, Section 2, as petitioned by John R. and Margaret G. Smith.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution vacating a public utilities and drainage easement in Villa DePalmas, Sykes Cove, Section 2, as petitioned by John R. and Margaret G. Smith. Motion carried and ordered unanimously.

STAFF REPORT, RE: USER FEES FOR PROCESSING VACATING REQUESTS

The Board discussed the advertising costs for vacatings, and the possibility of using other newspapers in the areas where the properties are located. It instructed the County Manager to contact Florida TODAY and request it lower its rates; and directed staff to check with other newspapers for advertising of vacatings and with the County Attorney to determine if those newspapers meet the Florida Statutes requirements. It also discussed the cost for a land development specialist to review the vacating petitions; and instructed staff to return with a report.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to accept staff?s report on user fees for processing vacating requests. Motion carried and ordered unanimously.

STAFF REPORT, RE: CONVERSION OF VACANT RETAIL CENTERS

Dennis Basile supported converting retail centers for industrial uses as long as it does not affect the outside of the structure.

The Board discussed the pros and cons of converting vacant retail centers for industrial uses, imposing restrictions, and impacts on communities.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to direct staff to develop an ordinance permitting other types of manufacturing, assembly, or packaging in BU-1 zoning classification, and return to the Board. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION ON INFRASTRUCTURE SALES SURTAX FOR JAIL IMPROVEMENTS/EXPANSION BALLOT LANGUAGE

The Board discussed the letter the Chairman was authorized to send to the municipalities advising of Palm Bay?s support, number of interlocal agreements required, and ballot language to send to the Supervisor of Elections to ensure any surplus revenues can only be used for the jail in the future.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to delete "Provided that if any surplus revenues are realized, the Board of County Commissioners at its discretion and by interlocal agreement, may provide for the distribution of such surplus in the manner prescribed by Section 212.055(2)(c), Florida Statutes." from Section 4, page 3 of the proposed ordinance. Motion carried and ordered unanimously.

The Board discussed the time element and need for obtaining interlocal agreements before or after the election, the proposed referendum, previous referenda, the time limit on the surtax, and the use of "levy" instead of "impose."

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to amend the ballot language to read: "Shall the Board of County Commissioners of Brevard County, Florida, be authorized to levy an additional one cent sales surtax for six months only, beginning March 1, 1997 and terminating August 31, 1997, for the sole purpose of paying the cost of financing, acquiring, planning, improving, and constructing County jail facilities as permitted under State law?".

Discussion ensued on the legality of the term and if it is required to end at a calendar quarter.

Commissioner O?Brien amended the motion to begin April 1, 1997 and terminate September 30, 1997; and Commissioner Ellis accepted the amendment.

The Board discussed the need for the term "acquiring" since there are no plans to acquire more property.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to amend the motion to strike the word "acquiring". Motion carried and ordered unanimously.

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

County Manager Tom Jenkins inquired if the Board wants to vote for the draft ordinance. Commissioner Ellis stated a date is needed; and Commissioner O?Brien recommended October 1.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to approve Draft Ordinance B with the date of October 1, 1996. Motion carried and ordered unanimously.

The Board discussed the interlocal agreement; and by consensus decided to review it and the letter from the Chairman at the workshop on July 24, 1996.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING TRACT A AND PUBLIC UTILITIES AND DRAINAGE EASEMENT IN WATERWAY ESTATES, 4TH AND 5TH ADDITION - CARL F. AND INGE HUNTER

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to adopt Resolution setting public hearing for August 20, 1996, to consider vacating Tract A and public utilities and drainage easement in Waterway Estates, 5th Addition, as petitioned by Carl F. and Inge Hunter. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-6-23 AND AGREEMENT, RE: GROUP HEALTH INSURANCE

Dale Mill, representing Florida Managed Health Care, appealed the recommendation of the Selection Committee, and requested the Board continue with the current mental health vendor.

Dennis Thompson, representing Thompson, Bostrom & Associates, supported the Committee?s recommendation.

Charlie Burns, licensed group health agent, mentioned several issues about the selection process and the proposed benefits.

Jeff Smith, representing Chapman Schewe & Smith, mentioned several issues about the benefits recommended; and stated he has never met an insurance company that wants to do a bad job.

Mike Harle, representing Circles of Care, advised of how Circles of Care has worked with the County.

The Board discussed the selection process, the pros and cons of the health plans, negotiations with the proposers, offer to employees to opt out of the plan, costs for individuals and families, employee contributions, incentives, and shortfall.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve AEtna Health Plans? fully insured HMO Medical Plan with monthly rates of $115.10 per single employee and $316.63 per family, guaranteed for one year, with second year rates not to exceed 105% of the first year rates; and authorize staff to negotiate with AETNA and return to the Board with the Agreement. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve AEtna Plan?s fully insured PPO Medical Plan with monthly rates of $184.62 per single employee and $507.71 per family, guaranteed for one year; and authorize staff to negotiate with AEtna and return to the Board with the Agreement. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve United HealthCare Plans? fully insured POS Medical Plan with monthly rates of $130.84 per single employee and $346.73 per family, guaranteed for two years; and authorize staff to negotiate with United HealthCare and return to the Board with the Agreement. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to table Circles of Care?s PPO Mental Health services; and direct the Human Resources Director to bring back to the Board information on appeals. Motion carried and ordered unanimously.

Human Resources Director Frank Abbate advised of concerns from Walgreen?s regarding participation in the prescription program.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to table BeneCard Services prescription card, and direct Human Resources Director to bring it back to the Board when all issues are resolved. Motion carried and ordered unanimously.

The Board discussed the proposal from Chapman Schewe as broker, brokerage fee, and different scenarios.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to report to the Board within four weeks on the 1% brokerage fee. Motion carried and ordered unanimously.

The meeting recessed at 4:55 p.m. and reconvened at 5:10 p.m.

SELECTION, RE: INDEPENDENT AUDITOR

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve the recommendation of the Auditor Selection Committee, and authorize execution of an Agreement with Berman, Hopkins, Wright, Arnold & Laham to provide auditing services at $148,000 annually for 1996, 1997, and 1998.

Emily Arnold, representing Berman, Hopkins, Wright, Arnold & Laham, advised their firm is familiar with internal controls; computer technology is enormous compared to five years ago; and it allows them to streamline their process and do a quality job.

The Board discussed the hourly fee, auditing the Supervisor of Elections, Sheriff, and Clerk, and standard procedures.

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

CHANGE ORDER NO. 27 WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

The Board discussed the removal of carpeting and installation of vinyl in the Law Library due to allergic reaction to carpeting by the Director and other methods that could have been used to resolve the problem.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 27 to Agreement with Brown & Root Building Company, for Harry T. and Harriette V. Moore Justice Center, increasing contract price by $5,706.57 to remove carpeting and resilient base and install vinyl composite tile and resilient base in Law Library, provide 13 low voltage switches and cover plates, and provide four windows at the injunction counters. Motion carried and ordered unanimously.

AUTHORIZATION TO SUBMIT TDC GRANT APPLICATIONS AND EXECUTE AGREEMENTS, RE: CATEGORY C, CAPITAL FACILITIES GRANTS FOR PARKS AND RECREATION PROJECTS

The Board discussed the criteria used for awarding capital facilities grants, and was advised by staff that tourist use of facilities is one of the criteria.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize submittal of grant applications under the Tourist Development Council (TDC) Category C, Capital Facilities Program, for $13,000 for construction of a 200-foot fishing pier at Manatee Hammock Park, $15,000 for sports lighting at one softball field at Stradley Park, and $25,000 for renovations and additions to the bathhouse at Long Point Park; and authorize the Chairman to execute the Grant Agreements. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 5:30 p.m.

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

ATTEST:
SANDY CRAWFORD, CLERK
(SEAL)