The Board of County Commissioners of Brevard County, Florida, met in regular session on July 9, 1996, at 5:30 p.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. Richard Chandler, First United Methodist Church of Port St. John.

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

REPORT, RE: MOVE TO HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

County Manager Tom Jenkins stated the move to the Harry T. and Harriette V. Moore Justice Center went smoothly; and commended Facilities Construction Director Joseph Vislay and his staff and Facilities Management Director Hugh Muller and his staff.

LEGAL OPINION, RE: USE OF PARTISAN LABELS IN NON-PARTISAN ELECTIONS

County Attorney Scott Knox advised the Division of Elections has issued an opinion on non-partisan elections; and he has forwarded a copy of the opinion to each Commissioner. He advised the finding was that there is no State law governing or regulating non-partisan elections or candidate activities in those elections; and the Division suggested if the County wants to interpret its Charter, it should do that by Charter amendment or by ordinance.

Chairman Cook stated the Board voted to get a declaratory judgment in November, 1996; and inquired if the Board does nothing, are candidates open to use the partisan labels while campaigning. Mr. Knox responded the Division of Elections did not answer the question concerning campaigning other than to say there is no State law restricting it; the Board can set out rules by County ordinance; and if it does not, everyone can govern themselves according to what they think is appropriate.

Commissioner Scarborough stated the County Attorney gave a conservative opinion; and inquired if the Board can leave it alone. He stated candidates have a right to tell anything about themselves they feel is pertinent. Commissioner O?Brien stated non-partisan elections eliminate primaries; and if someone wants to object, they can do so at the time, and action can be filed. Commissioner Scarborough stated if someone wants to announce he is a Republican or Democrat, that is fine; it will be up to the people to find whether it is relevant; and it would be presumptuous on his part to say the other candidate does not have the right to announce his party affiliation. Chairman Cook stated he agrees totally; and the more information people have to make a judgment, the better.

Mr. Knox stated his opinion is the conservative approach.

Commissioner Higgs inquired what would happen if someone at the time of the election wanted to challenge based on the Charter which says the elections will be as judicial elections. Mr. Knox stated if someone announces his party affiliation, and someone else thinks that is a violation of the provision that the election shall be conducted in the same manner as a judicial election, the person objecting would have to seek an injunction immediately; and if the person objecting waits until the election is over, they have sat on it for too long, and cannot stop it. Commissioner Higgs stated that is an opinion; with Mr. Knox agreeing it is his opinion.

Chairman Cook stated the Division of Elections gave the opinion that except for judges there are no provisions in the Florida Election Code related to prohibiting non-partisan campaign activities for county level candidates; that leaves it wide open; and in November, 1996, the County will get a declaratory judgment which should put the issue to rest on the legality.

Commissioner Higgs stated the language of the Charter is that they will be conducted in the same manner as the judicial elections. Commissioner Ellis stated if the County Commission and Constitutional Officer races were conducted as the judicial races are, the candidates could not talk about the issues; and that was not the intent of the Charter Commission.

Chairman Cook stated the consensus is that it is up to the candidates. Commissioner Ellis stated it is not practical to run an election for County office as a judicial candidate would because it eliminates discussion of all issues. Commissioner Higgs inquired if the Board adopted an ordinance, would that clarify it for all candidates; with Mr. Knox responding the Board could adopt an ordinance establishing ground rules for conduct of non-partisan elections. Commissioner Ellis noted the ordinance could be challenged as being in conflict with the Charter. Mr. Knox stated if it was, it would be more liberal than the Charter. Chairman Cook stated depending on what the courts rule in November, 1996, it could be a moot question. Commissioner Higgs stated the Division of Elections suggested the County adopt an ordinance. Mr. Knox clarified it was given as an alternative. Commissioner Higgs stated the Board should adopt an ordinance to give guidance to non-partisan candidates. Commissioner Scarborough stated he has a problem with the Board creating a precedent that it can interpret the Charter. Commissioner Higgs stated the Board would be implementing the Charter. Chairman Cook stated he would prefer getting the declaratory judgment now; that would clear up the issue; but the Board wanted to wait until November, 1996. Chairman Cook stated there is consensus to move forward letting everyone do what they want. Commissioner Scarborough stated a candidate would look stupid attacking his opponent because he announced his party affiliation. Chairman Cook stated it is an issue of the First Amendment, regardless of party affiliation.

APPOINTMENTS, RE: VARIOUS ADVISORY COMMITTEES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Robin Fisher, 1760 Lakeside Drive, Titusville, to the Spaceport Commerce Park Authority; Roger G. Probst, 1445 War Eagle Boulevard, Titusville, to the Medical Services Review Committee; Al Matroni, 402 High Point Drive, Cocoa, to the Economic Development Commission; Pete Schay, 4524 Hickory Hill Boulevard, Titusville, to the Reuse Advisory Committee; and Michelle Lindsey, P. O. Box 10062, Cocoa, to the Building and Construction Advisory Committee. Motion carried and ordered unanimously.

REPORT, RE: MANATEE PROTECTION PLAN

Commissioner O?Brien stated Ron Balogh, Manatee Protection Plan (MPP) Committee representative from Cocoa Beach, informed the Cocoa Beach City Commission that the Department of Environmental Protection may circumvent the Board by going directly to the cities for comments; he suggested the City Commission hold public hearings on the draft plan; and if the Board takes no action on the MPP draft, it will be possible for FDEP to move on its own. He read aloud a letter from Richard Amari indicating concern that the County may default in its obligations and entitle FDEP to impose its own requirements without input from the County. He requested the County Attorney investigate and report to the Board on what its obligations are.

Chairman Cook stated the memo from Mr. Amari challenged whether FDEP was violating its own rules by saying that any amendments, recommendations or alterations the Board might have are not acceptable. He advised he tried to call FDEP Secretary Wetherell again, but cannot get a return call; and he sent a letter to which he has received no response.

REPORT, RE: FEDERAL LEGISLATION

Commissioner O?Brien advised the House Transportation and Infrastructure Committee approved legislation which will keep the federal government in the business of renourishing beaches; it is an amendment to the Water Resources Development Act; and it authorizes a variety of shore protection, flood control and navigation projects. He stated pressure needs to be increased to assure final adoption of the shore protection language by Congress; and more local governments, local business people and individual citizens need to show support of the Shore Protection Act. He stated the actions taken by the Board, the Port Commission, and the Mayor of Cocoa Beach as well as others have come to fruition in Congress; and he will be bringing resolutions of support to the Board for its consideration.

REPORT, RE: AUTHORIZATION TO CONTACT LEGISLATIVE DELEGATION

Chairman Cook reiterated his difficulty in contacting Secretary Wetherell.

Commissioner Scarborough inquired if Chairman Cook has contacted the Legislative Delegation to indicate the Board?s position. Chairman Cook stated he would be happy to do that. Commissioner Scarborough emphasized the importance of letting the Delegation know what is occurring.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to contact the Brevard County Legislative Delegation for assistance in setting up a meeting with Department of Environmental Protection Secretary Virginia Wetherell to discuss the Manatee Protection Plan. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JOHN MICHAEL SINEATH, RE: RESOLUTION RECOGNIZING EAGLE SCOUT AWARD

Commissioner Higgs read aloud a resolution recognizing John Michael Sineath for his achievement of the Boy Scouts of America Eagle Scout Award.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution recognizing John Michael Sineath for his achievement of the Boy Scouts of America Eagle Scout Award. Motion carried and ordered unanimously.

John Sineath described his 54-mile hike in the Appalachian Mountains. Commissioner Higgs presented the Resolution to Mr. Sineath. Mrs. Sineath advised of the influence of scouting on character formation.

PERSONAL APPEARANCE - DAN WARNER, RE: RESOLUTION RENAMING STREET IN ISLAND ACRES SUBDIVISION AS WARNER WAY

Commissioner O?Brien read aloud a resolution renaming a street in Island Acres Subdivision as Warner Way as a memorial to Deputy Ray Warner.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution renaming a street in Island Acres Subdivision as Warner Way. Motion carried and ordered unanimously.

Dan Warner expressed appreciation to the Board and the community. Commissioner O?Brien presented the Resolution to Mr. Warner.

PERSONAL APPEARANCE - JACK JACKSON, RE: REPORT ON STAND DOWN BREVARD?S MAY 18TH VETERANS EVENT

Jack Jackson, representing Stand Down Brevard, introduced Dan Stumphouser and Beverly Cachilli; and stated there were over 175 volunteers including Commissioners Ellis and O?Brien who participated in Stand Down Brevard. He stated two homeless veterans found work; two people were placed in the homeless veteran?s facility; and two people got jobs at Winn Dixie and were able to move out of the homeless facility. Mr. Jackson read aloud from a plaque expressing appreciation to the Board; and presented it to Chairman Cook. He stated the event will be repeated next year; and expressed appreciation to those who made the event a success.

Commissioner O?Brien advised of the community response to Stand Down Brevard; and stated the veterans appreciated everything that was done for them.

RESOLUTION, RE: SUPPORTING DEDICATED FUNDING SOURCE FOR STATE BEACH MANAGEMENT FUNDS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution requesting the Florida Legislature to provide adequate funding for the preservation and maintenance of Florida?s beaches, to identify a long-term dedicated funding source for State beach maintenance funds. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING FEDERAL BEACH FUNDING BILLS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution supporting federal bills, S.1811 and H.R. 3551, referred to as The Shore Protection Act of 1996, and advocating the bills expeditious passage. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve the Bills and Budget Transfers as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ZONING RECOMMENDATION OF MAY 6, 1996 - ITEM 11, A. DUDA & SONS, INC., AND BINDING DEVELOPMENT PLAN AGREEMENT WITH ST. ANDREWS ISLE, INC.

Chairman Cook called for the public hearing to consider the recommendation of the Planning and Zoning Board made at its May 6, 1996 meeting as follows:

Item 11. A. Duda & Sons, Inc.?s request for change from PUD to RU-1-13 on 44.97? acres, located just east of the southern terminus of St. Andrews Boulevard, adjacent to the south side of Suntree Estates, which was approved by the P&Z Board, and continued by the Board of County Commissioners on May 29, 1996 to July 9, 1996, with the understanding a Binding Development Plan would be submitted limiting the number of lots to 70 at a density not to exceed 1.55 units per acre, with a minimum lot width of 85 feet, a minimum lot depth of 125 feet, and a minimum house size of 2,000 square feet.

Hugh Normile, 1499 South Harbor City Boulevard, Indialantic, representing the applicant, stated at the last meeting three issues were raised, compatibility, approval of Suntree Community Master Association, and transportation. He advised after the last meeting, his clients met with staff; the Board?s concern was that RU-1-13 has a minimum lot size of 75 feet by 75 feet and a minimum square footage of 1,300 square feet; but it was never the applicant?s intent to develop in accordance with the minimum standards. He stated the applicant has agreed to enter into a Binding Development Plan to limit lots to a minimum size of 85 feet by 125 feet, square footage minimum of 2,000 square feet, and a density of 70 lots within the 45-acre project which should relieve the Board?s concerns; described the surrounding properties and subdivisions; and stated they are compatible. He advised he has a letter of approval from the Master Homeowners Association; a decision has been made to join the Association; and he will rely on the memorandum from Growth Management Director Susan Hann regarding transportation issues.

Chairman Cook stated the Binding Development Plan limits the number of lots to 70, the width of the lots to 85 feet, the depth of the lots to 125 feet, and the minimum house size to 2,000 square feet. Mr. Normile stated the applicant is in agreement. Planner II Tom Myers advised it is part of the Binding Development Plan that has been submitted. Chairman Cook stated the Master Homeowner Association requested the County enforce the Landscape Ordinance to insure that seeding and mulching are done within 30 days, because there have been some problems.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve Item 11 as recommended by the P&Z Board, with a Binding Development Plan limiting the number of lots to 70 lots at a density not to exceed 1.55 units per acre, a minimum lot width of 85 feet, a minimum lot depth of 125 feet, and minimum house size of 2,000 square feet.

Commissioner O?Brien stated there are 70 lots which can be developed, but the developer is not leaving any green space. Mr. Normile advised the subdivision will be like Venice with a waterway which will buffer all the adjacent properties as well as being attractive to customers. Commissioner O?Brien expressed concern that there is no area for children to play. Chairman Cook stated this was endorsed by the Suntree Homeowners Association; and it is an entire community which is surrounded by water. Commissioner Higgs noted the waterways may be a recreational amenity for some people, and others will take advantage of the County parks.

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

FINAL ENGINEERING APPROVAL, RE: ST. ANDREWS ISLES SUBDIVISION

Land Development Specialist III Gwen Heller advised the project has been approved by all of the agencies with the contingencies noted on the Agenda Report; and staff recommends approval.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to grant final engineering approval for St. Andrews Isles Subdivision subject to minor engineering changes as applicable, and contingent upon successful rezoning of the property to RU-1-13, vacating of the right-of-way, and no construction permit be issued or pre-construction conference scheduled until the right-of-way is vacated. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOMMENDING HARRIS SEMICONDUCTOR SECTOR BE DECLARED A STATE QUALIFIED TARGET INDUSTRY BUSINESS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution recommending that Harris Semiconductor Sector be declared a State-qualified Target Industry Business, and the required local match be through Brevard County?s Economic Development Tax Abatement Program.

Commissioner Ellis stated this pertains to the County?s General Fund portion only, and is not a 100% abatement of taxes. Economic Development and Legislative Affairs Director Greg Lugar stated it is for General Fund taxes only. Chairman Cook stated the abatement will be submitted as a match. Mr. Lugar advised the resolution provides that the company is a qualified industry and that the County is recommending it as such.

Commissioner O?Brien stated the plans are to hire 250 employees with an average salary of $31,600; the capital investment will be approximately $230 million; and the annual sales will be approximately $85 million a year.

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

RESOLUTION, RE: APPROVING TAX ABATEMENT APPLICATION FROM HARRIS CORPORATION SEMICONDUCTOR SECTOR

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution acknowledging that Harris Corporation Semiconductor Sector is an existing business in Brevard County qualified to receive an ad valorem tax exemption; grant permission to advertise a public hearing to consider adopting an exemption ordinance; and authorize the Economic Development and Legislative Affairs Director to request the Property Appraiser provide the Board with a report prior to the public hearing. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MITCH BARLOW, RE: BAREFOOT BAY RECREATION DISTRICT

Mitch Barlow, Attorney representing Barefoot Bay Recreation District, requested the Board adopt a resolution declaring that it intends to assert its rights under an Agreement which was originally entered into between the developer of Barefoot Bay and the County in 1970. He stated the Agreement provides that the common recreation areas including the golf course, swimming pools, meeting halls and other open spaces in Barefoot Bay cannot be sold by the developer without the approval of the Board. He advised the developer of Barefoot Bay recently announced intention to sell the facilities, and the developer has a third-party for-profit purchaser in the wings to purchase the facilities. He stated the Barefoot Bay Recreation District was formed for the purpose of purchasing the facilities; it is presently undertaking exploratory financing steps to see if it can do so; and it intends to make a firm offer to the developer. He reiterated the request for the Board to adopt a resolution in support of the purchase of the recreation facilities by the group controlled by the property owners in Barefoot Bay, which would exclude the third-party for-profit purchaser, but would include any offer made by the Barefoot Bay Recreation District or the Barefoot Bay Homeowners Association.

Chairman Cook stated he has no problem endorsing per the original Agreement, but he does not know the details. Mr. Barlow stated the resolution creates the right of first refusal. Chairman Cook stated he wants to make sure the County Attorney has no problem with the Agreement. County Attorney Scott Knox stated the current document that is recorded says that any sale has to be approved by the Board, and that refusal cannot be unreasonably withheld; and a resolution indicating support for a sale to a not-for-profit group such as the Recreation District would not obviate the need to come back to the Board with a purchase contract. Chairman Cook stated it is his understanding it will have to come back; with Mr. Knox advising it will definitely have to come back. Chairman Cook stated the Recreation District cannot buy without a referendum. Mr. Barlow advised efforts are being made to get on the ballot in September, 1996; the seller has indicated a desire to close by the end of the year which would necessitate being on the ballot before November, 1996; and the developers have indicated, if necessary, they would assist in the cost of the special referendum. He stated the resolution would be helpful in the negotiations because of the preference it gives to local groups.

Commissioner Higgs stated it says the County further intends to assist any such legal entity to obtain ownership of the common space; and inquired what ?assist? means. Mr. Barlow stated it means with the Board?s support such as the resolution, but not financial support; as an independent taxing district, the Barefoot Bay Recreation District is not entitled to County support; and the District is having discussions about financing. Commissioner Higgs inquired if the Board is not obligated to assist in any way other than what Mr. Barlow has described; with Mr. Knox advising no, since it is now a matter of record.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution expressing the Board of County Commissioners? intent to assist a legal entity controlled by the property owners in the Barefoot Bay Development to obtain ownership of the common open space areas and recreational facilities within the Development, and to assert its right to approve the sale or transfer of ownership. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - ANTHONY INFANTINI, RE: REQUEST FOR CUP IN BU-1-A ZONING CLASSIFICATION FOR BEER AND WINE CONSUMPTION

Anthony Infantini, 96 Carmen Street, Melbourne, stated he constructed a building on S.R. A1A on the South Beaches; advised of his inexperience; and described the area. He stated when he bought the property the front part was commercial; and he did not know anything about the Comprehensive Plan or the changes it would cause. He described his problems in putting in the required fire well; and stated the price quoted for the well was $25,000 with no guarantee that it could be done. He described other problems including impact fees, and site plan engineers, architects and builders not knowing all the things they were supposed to know. He stated he put in a sprinkler system at a cost of $10,000 in order to get his Certificate of Occupancy.

Commissioner O?Brien inquired if the building is larger than 15,000 square feet; with Mr. Infantini responding it is a 2,200 square-foot building. Commissioner O?Brien inquired who forced Mr. Infantini to put in a fire sprinkler; with Mr. Infantini responding Public Safety. Commissioner Ellis inquired why someone with a sprinkler system would have to have a fire well. Mr. Infantini advised he never got the fire well because of the cost and the fact that no one could guarantee the well would not collapse; and advised of other options he considered. He advised of activities of neighbors who said he was ruining the neighborhood.

Chairman Cook inquired what is Mr. Infantini requesting from the County. Mr. Infantini stated he is having difficulty finding renters; he has been there less than two years and is on his third renter, who is ready to leave. He stated it is impossible to expand the menu or offer beer and wine; and people interested in using the building for a restaurant have advised of the need to have the ability to serve beer and wine.

Chief Taggart advised State law requires that firefighting water be located within 500 feet of every commercial structure; on the South Beaches it is usually accomplished through a well; but Mr. Infantini has a restricted area to drop a well.

Chairman Cook inquired if Mr. Infantini would not need a sprinkler system if he had a well or a hydrant; with Chief Taggart responding that is right. Chief Taggart stated in order to help Mr. Infantini, because he had committed so much to the project, he agreed to the lower class sprinkler system in lieu of the well.

Commissioner Higgs stated Mr. Infantini wants the Board to consider the possibility of a conditional use permit in a BU-1-A zoning classification to allow beer and wine; and this would require an amendment to the Zoning Code as that is not allowed in a BU-1-A zoning at this time. She stated a conditional use permit would require a public hearing and an amendment to the Zoning Code; and staff could present the options and Countywide implications, and then schedule it for a meeting.

Mr. Infantini advised he is willing to voluntarily submit to restrictions.

Chairman Cook stated the restrictions can be addressed through the conditional use permit process; and the larger question is the implications of changing the Code.

Commissioner Higgs advised she is willing to look at the issue to see what the implications are Countywide and how it might work in individual situations.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to direct staff to prepare a report for the Board on the concept of revising the Zoning Code to allow a conditional use permit in a BU-1-A zoning classification for August 6, 1996.

Chairman Cook stated the report will come back to the Board, and Mr. Infantini will be notified. Discussion ensued on when the report will come back to the Board; and consensus was reached to consider the options at the first meeting in August, 1996.

Commissioner O?Brien inquired if there is another snack bar within 1,000 feet of Mr. Infantini?s building; with Mr. Infantini responding there is nothing within miles of where he is located, except one house within 1,000 feet and two other houses within 2,000 feet of his building; and he is willing to agree to restrictions. Chairman Cook reiterated the restrictions would be considered if the Board grants a conditional use permit, but first the Board has to make a decision on whether or not to change the Zoning Code.

Mr. Infantini inquired if he had to have the fire well; with Chief Taggart explaining the fire well was required by Code, but the County allowed the contractor to put in the sprinkler system in lieu of the $25,000 well.

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

PERSONAL APPEARANCE - JOYCE GRANT AND JANE LeBARON, RE: ACES ASSISTANCE REGARDING HEARING MASTER

Jane LeBaron, representing ACES, requested the Board help the group get information about the Brevard County judicial system and courts. She stated one of the members of the Executive Committee of ACES drafted a letter to the Administrator of Courts; a response was received from Brice Corder which only partially answered one of the questions; and the group is having a problem with which it needs the Board?s help. She noted she also wrote to the Director of the Department of Revenue, but has not received a reply. She stated members of the group spoke with Judge Moxley about the problems with the hearing officer; only 20% of the $117.03 court costs are being collected; and this means deadbeat parents are able to not only not pay their child support but not pay the court costs, resulting in a cost to the taxpayers of $400,000 per year.

Joyce Grant, representing ACES, stated the group made requests for specific information from the hearing master, who is subsidized by the County, and the response the group received is vague at best. She stated the last time she was before the Board, there was discussion about the Court Monitoring Program; and the Board unanimously agreed to support the efforts of ACES. She advised there was a meeting with Judge Moxley, and the four members who attended left with the feeling they would not be getting any help; and their requests for information have not been so cumbersome that they should not be able to get some answers. She stated the taxpayers are paying for a position that no one is accountable for; the group does not want to take away the position that could help innocent children in need of support; but if they do not get information, they cannot make any kind of decision about it. She described the difficulties in getting information; and requested the Board request the information on behalf of ACES. She expressed concern that the Hearing Officer has been moved to Titusville; and outlined the difficulties of those in South Brevard getting to Titusville. She stated Ms. Turpin drove 78 miles round trip to go to Titusville; she missed a full day of work; and she came out again without a penny. She stated the Brevard taxpayers have invested millions of dollars in a new Justice Center at Viera; the Courthouse in Melbourne is empty; and the group would like to know why the child support issue has been shifted to Titusville.

Chairman Cook inquired if the group asked the Chief Judge why it was moved to Titusville. Ms. Grant responded she and Ms. Turpin have written to the Chief Judge; and he left an abrupt message on Ms. Turpin?s answering machine advising there was not enough room at Viera. Commissioner Ellis noted it was not held at Viera before. Carolyn Turpin advised her question was why the hearings could not be held at Viera; and the message was there was no room, with no other explanation. Commissioner Ellis advised there is room at the Melbourne Courthouse; and inquired where was it held before; with Ms. Grant responding Melbourne. Discussion ensued on whether it is necessary to have a Circuit Court Judge present. Chairman Cook stated that is something the Board needs to get answered.

Commissioner O?Brien advised Brice Corder is the hearing officer; the Board put up $65,000 last year to help defray the cost of the position; and the members of ACES met with Judge Moxley a month ago. Ms. Grant advised there have been two meetings with Judge Moxley so far. Commissioner O?Brien suggested the move to Titusville may be punitive because of the action ACES has been taking; but he hopes it is not. He stated Judge Moxley may want to reconsider the move; and advised of reasons it should be closer to the majority of the population. He noted Mr. Corder did not respond to most of the questions or provide information that was requested; and he is sure Mr. Corder could have responded. Ms. Grant stated the group is starting to believe some of the actions are punitive; ACES is working better with the Department of Revenue than it ever has; people are being given the information they need to go into court and win their cases; and described what happened when Ms. Turpin went to court. She expressed concern about the punitive actions being taken.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the Chairman to schedule a meeting with Judge Moxley, Hearing Officer Brice Corder, Court Administrator Mark Van Bever and representatives of ACES to address issues of concern. Motion carried and ordered unanimously.

Commissioner Ellis stated the County Manager could probably find out tomorrow about the move of the hearing officer from Melbourne to Titusville. Chairman Cook instructed the County Manager to get that information. Commissioner O?Brien noted the arrearage is $33 million. Ms. Grant stated that does not include the accounts that are not monitored; and advised of the positive impact $33 million would have on the Brevard economy.

PUBLIC COMMENT

Micah Savell, 1370 Sarno Road, Melbourne, stated last month he requested the Board direct staff to provide an accounting of funds that have been paid to or through The Nature Conservancy; that has not been done; and inquired if he needs to request it under the Freedom of Information Act.

Assistant County Manager Steve Peffer stated the preliminary numbers have been put together and sent to County Finance to be checked; they have also been checked with The Nature Conservancy; the report is basically complete when it is verified by County Finance; and the intent is to bring that to the Board in August so that it can be discussed. Mr. Savell stated he would like to have the report before August; five weeks is sufficient time to prepare the report; and if possible, he would like a copy of the report by Friday.

Chairman Cook stated the request was made over a month ago; he does not think the instruction was for it to be an Agenda item; and he does not have any objection to that, but the numbers are what was requested. Mr. Peffer advised he can get a copy of the numbers to Mr. Savell, but cannot maintain that they are absolutely correct until they have been verified by County Finance; and since this was raised in a public forum, it would be appropriate to respond in a public forum. Chairman Cook stated the Board will make that decision; he has no objection if the Board wants to put it on the Agenda; he has not seen the report; and any Commissioner or the County Manager can bring that forward for the Board to address. He noted the preliminary numbers are public record; and after everything is checked by County Finance, those numbers will be available.

Upon motion and vote, the meeting adjourned at 6:55 p.m.

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

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