The Board of County Commissioners of Brevard County, Florida, met in regular session on January 23, 1996, at 1:00 p.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 Father Kite-Powell, St. Paul?s Anglican Church, Melbourne, Florida.

Commissioner Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Minutes of the October 17, 1995 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: CONTINUED ITEMS

County Manager Tom Jenkins stated Items IV.F and V.L were continued to this Agenda in case further action is required, but the Executive Session is not required.

REPORT, RE: COCOA WATER RATES

County Attorney Scott Knox stated a memorandum from the City of Cocoa pertaining to water rates indicates the City will be considering a rate increase to its City customers tonight to equate to the rates it charges County residents; and inquired if the Board wants to proceed with the January 24, 1996 meeting at 5:30 p.m., if the City Council takes that action.

Discussion ensued on the rates, lawsuit, study and legislation.

Commissioner Higgs recommended the Board authorize the Chairman to cancel the meeting if (1) the City brings its rates into compliance with the law, and (2) indicates it will no longer pursue the lawsuit, but it should preserve the County?s right to intervene in the lawsuit.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the Chairman to cancel the January 24, 1996 meeting with the City of Cocoa if the City brings its rates into compliance with the law and indicates it will no longer pursue its lawsuit.

Commissioner Scarborough stated in order for the County to intervene in the City?s action against the State, the Board would have to meet with the Council. Mr. Knox stated that is how he construes the law.

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

Commissioner Higgs suggested the County Attorney check with the City to determine if there has been action, so the Board will be informed. Mr. Jenkins suggested communicating to the City the action the Board just took so the City is aware of the County?s position. Chairman Cook instructed the County Manager to contact the City Manager; with Mr. Knox responding his staff will do that.

AUTHORIZATION, RE: ATTEND SYMPOSIUM

Commissioner Scarborough stated there will be a two-day symposium on March 11 and 12, 1996; each Commissioner has been invited to be a guest of FIT; the charge of $345 is being waived for Commissioners; and the symposium will deal with some of the economic benefits as an emerging industry of information security.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize the Commissioners and an appropriate staff person to attend the two-day symposium on March 11 and 12, 1996 on information security. Motion carried and ordered unanimously.

ITEMS PULLED FROM CONSENT AGENDA

Commissioner O?Brien pulled Item III.A.10 from the Consent Agenda. Commissioner Higgs pulled Item III.D.3 from the Consent Agenda. Commissioner Ellis pulled Item III.D.4 from the Consent Agenda. Chairman Cook pulled Item III.E.6 from the Consent Agenda.

REPORT, RE: MEETING OF CORPS OF ENGINEERS

Commissioner O?Brien advised on February 8, 1996, he will attend a meeting with the Corps of Engineers in Jacksonville to discuss beach restoration and funding; and representatives of the Port will be involved in the meeting.

REPORT, RE: PROBLEM AT VILLAS AT SUNTREE

Chairman Cook stated he received a letter from the Villas at Suntree Homeowners Association; construction is taking place adjacent to the community; the community has been unable to reach the developer; there is a problem with noise; and the community would like to see if something can be worked out. He presented the letter to the County Manager.

RESOLUTION, RE: NAMING MATTHEW CIRCLE

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution naming Matthew Circle in Oak Point Mobile Home Park. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING BUFFER PRESERVE DRIVE

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution naming Buffer Preserve Drive in Township 30 South, Range 37 East, Section 35. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH SUNTREE PARTNERS FOR IMPROVEMENTS IN EMERALD POINTE-SUNTREE NORTH

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution releasing Contract with Suntree Partners for improvements in Emerald Pointe-Suntree North. Motion carried and ordered unanimously.

CONTRACT WITH ACN COMPANY, RE: SIDEWALKS FOR SEAGATE WEST

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Contract with ACN Company guaranteeing sidewalk improvements in Seagate West. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE PARTNERS, RE: SIDEWALK FOR EMERALD POINTE-SUNTREE NORTH

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Contract with Suntree Partners guaranteeing sidewalk improvements in Emerald Pointe-Suntree North. Motion carried and ordered unanimously.

CONTRACT WITH ROSTAN, INC., RE: SIDEWALK FOR CRANE CREEK, UNIT 1

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Contract with Rostan, Inc. guaranteeing sidewalk improvements in Crane Creek, Unit 1. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH MR. AND MRS. MAURICE KLINGLER, RE: FARNSWORTH AVENUE

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Unpaved Road Agreement with Maurice and Barbara Klingler for a building permit off an existing right-of-way known as Farnsworth Avenue which has been constructed to the standards of Ordinance No. 93-27. Motion carried and ordered unanimously.

PRELIMINARY PLAT APPROVAL, RE: COQUINA PALMS SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to grant preliminary plat approval for Coquina Palms Subdivision, subject to compliance with recommendations by review agencies and all other applicable policies, Ordinances, laws and regulations, and with Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

ACCEPTANCE OF QUIT CLAIM DEEDS FROM FIRST CHRISTIAN CHURCH AND ABUTTING PROPERTY OWNERS, RE: ROAD IN SECTION 1 OF CANAVERAL GROVES

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to accept Quit Claim Deeds from First Christian Church and abutting property owners for a road in Section 1 of Canaveral Groves. Motion carried and ordered unanimously. (

APPROVAL OF BUDGET CHANGE REQUESTS, RE: UNBUDGETED CASH FORWARD FOR PUBLIC WORKS TRANSPORTATION PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve Budget Change Requests for unbudgeted cash forward for the Public Works Transportation Program. Motion carried and ordered unanimously.

AGREEMENTS WITH ROBERT W. HOUHA, MAI, CLAYTON, ROPER & MARSHALL, INC., CALLAWAY & PRICE, INC., TUTTLE, ARMFIELD, WAGNER APPRAISAL & RESEARCH, INC., AND W. H. BENSON & COMPANY, AND AUTHORIZATION TO ISSUE WORK ORDERS, RE: APPRAISAL SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreements with Robert W. Houha, MAI; Clayton, Roper & Marshall, Inc.; Callaway & Price, Inc.; Tuttle, Armfield, Wagner Appraisal and Research, Inc.; and W. H. Benson & Company for continuing appraisal services; and authorize staff to issue work orders within defined parameters. Motion carried and ordered unanimously.

ACCEPTANCE OF RIGHTS-OF-WAY DEEDS FROM THE VIERA COMPANY, RE: VIERA BOULEVARD, MURRELL ROAD, AND PARCELS FOR EXTENSION OF TURTLEMOUND ROAD AND DRIVEWAY CUT

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to accept Rights-of-way Deeds from The Viera Company for Viera Boulevard, Murrell Road, two parcels for extension of Turtlemound Road and a parcel adjacent to Viera Boulevard for a driveway cut; and accept maintenance responsibility for Viera Boulevard and Murrell Road. Motion carried and ordered unanimously.

APPROVAL OF FUNDING, RE: MALABAR ROAD, FROM I-95 TO CURVET CIRCLE WEST

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve reallocation of $600,000 from Minton Road Contingency Account to Malabar Road Widening Project, from I-95 to Curvet Circle West, to cover the cost of construction and contingency items needed for the project. Motion carried and ordered unanimously.

TASK ORDER NO. 53709-92-005-12 WITH STOTTLER, STARMER & ASSOCIATES, RE: BAY MEADOWS - PARKLAND DITCH SURFACE WATER IMPROVEMENTS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Task Order No. 53709-92-005-12 with Stottler, Starmer & Associates to perform a master drainage study for the Bay Meadows-Parkland ditch area. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: COUNTRY ACRES ADVISORY BOARD

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to reappoint Mike Bowen, State Attorney Representative; Yvonne Dixon, Guardian Ad Litem; Beverly Goering-Nichols, Juvenile Court; Liz Lackovich, District 1 Member-at-large; Lawrence Palmer, Public Defender Representative; and Jasper Trigg, County Administration Representative to the Country Acres Advisory Board. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-3-6-21, RE: NORTH BREVARD PUBLIC LIBRARY MOVE

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to reject the low quotes of Melbourne Relocation Services at $4,838, AAA Frank & Son at $6,491.24, Paul Arpin Vanlines at $9,967, and Suddath Moving at $11,400 for not meeting the specified experience requirement; and award Quote #Q3-6-21, North Brevard Public Library Move, to fifth low quote of Hallett Movers at $16,104. Motion carried and ordered unanimously.

APPROVAL TO PURCHASE, RE: EQUIPMENT UPGRADE FOR LIBRARY SERVICES COMPUTER SYSTEM

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve the purchase of equipment upgrade for the Library Services computer system for $80,000 plus installation not to exceed $3,200; and approve Budget Change Request for the purchase. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, AND BUDGET CHANGE REQUEST, RE: STATE AID TO LIBRARIES GRANT FOR FY 1996

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Grant Agreement with Florida Department of State, Division of Library and Information Services at $844,207 for State Aid to Library Grant for FY 1996; and approve Budget Change Request for the grant funds. Motion carried and ordered unanimously.

AGREEMENT WITH HOUSING AUTHORITY OF CITY OF COCOA, RE: GRANT FOR HUD DRUG ELIMINATION PROGRAM AND STAFF FOR JOE LEE SMITH PARK

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreement with the Housing Authority of the City of Cocoa for HUD Drug Elimination Program Grant; and approve hiring staff to facilitate grant activities at Joe Lee Smith Park. Motion carried and ordered unanimously.

AMENDED SCHEDULE A TO LEASE AGREEMENT WITH ASSOCIATES COMMERCIAL CORPORATION, RE: GOLF CARTS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Amended Schedule A, Equipment Description, to Lease Agreement with Associates Commercial Corporation, as approved by the Board on November 14, 1995, for golf carts. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: COUNTY TANGIBLE PERSONAL PROPERTY

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve removal from the County?s Inventory of seventeen items reported stolen or unaccounted for by the Parks and Recreation Department. Motion carried and ordered unanimously.

APPROVAL, RE: HISTORIC MARKERS, WORDING, AND PARKS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve use of granite markers for historic information purposes; and authorize the County Manager to approve the wording of the markers and which parks will receive them. Motion carried and ordered unanimously.

APPROVAL FOR COASTAL HEALTH SYSTEMS TO PURCHASE, RE: TWO LIFEPAK 5'S

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve purchase of two LifePak 5's by Coastal Health Systems at the depreciated value of $590.96. Motion carried and ordered unanimously.

APPROVAL OF PAYMENT TO BREVARD COMMUNITY COLLEGE, RE: INVOICE FOR PARAMEDIC PRECEPTORS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve payment of invoice from Brevard Community College of $5,400 for the Paramedic Preceptors. Motion carried and ordered unanimously.

REQUEST FROM FAMILY MOTOR COACH ASSOCIATION, INC., RE: WAIVER OF FEES FOR AMBULANCE COVERAGE AT MOTOR COACH RALLY

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to waive fees for ambulance coverage for Motor Coach Rally to be held at the Spaceport Executive Airport in Titusville from February 7 through 10, 1996. Motion carried and ordered unanimously.

APPROVAL TO PURCHASE FROM FLORIDA DEPARTMENT OF TRANSPORTATION BUS CONSORTIUM BID 95-07, RE: SCAT FLEET REQUIREMENTS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve the purchase of eight paratransit and three medium duty transit buses from the Florida Department of Transportation Bus Consortium Bid No. 95-07 for a total of $1,265,613; and approve the necessary budget amendments. Motion carried and ordered unanimously.

AGREEMENT WITH TRANSCOMM, A DIVISION OF HARRIS CORPORATION, APPROVAL OF JOINT PROGRAM, APPROVAL TO PURCHASE RADIO EQUIPMENT, AND AUTHORIZATION TO EXECUTE OTHER NECESSARY DOCUMENTS, RE: AUTOMATIC VEHICLE LOCATOR AND COMPUTER-AIDED DISPATCH DEMONSTRATION PROGRAM FOR SCAT BUSES

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize approval of a joint program with Harris Corporation Transcomm Division to demonstrate Automatic Vehicle Locator (AVL) and Computer Aided Dispatch (CAD) systems on SCAT buses; execute System Use AGREEMENT Agreement with Harris Corporation Transcomm Division; authorize purchase of radio equipment necessary to utilize the AVL/CAD technology; and authorize the Chairman to execute other necessary documents contingent on approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH COASTAL HEALTH SYSTEMS OF BREVARD, INC. AND FLORIDA HEALTH CARE ADMINISTRATION, RE: EXTENDING TERM OF MEDICAID OPERATOR

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Amendment to Agreement with Coastal Health Systems of Brevard, Inc. and State of Florida, Agency for Health Care Administration, for an extension of the current Agreement for eight additional months or until November 30, 1996. Motion carried and ordered unanimously.

APPROVAL TO FUND TRAVEL EXPENSES, RE: LOCAL FISHING PROFESSIONALS TO ATTEND OUTDOOR FISHING TRADE SHOWS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve funding travel expenses for three professional fishermen to represent the Space Coast in the Office of Tourism Development exhibit booths at the Eastern Sports & Outdoor Show in Harrisburg, Pennsylvania, Great Lakes Fishing Exposition in Buffalo, New York, and American & Canadian Sports Show in Cleveland, Ohio. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH RAY L. COLGIN, RE: LAND ADJACENT TO CENTRAL DISPOSAL FACILITY

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Contract for Sale and Purchase and Addendum with Ray L. Colgin for purchase of 40 acres adjacent to the County?s Central Disposal Facility; and authorize payment of related closing cost. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH MCMAHAN CONSTRUCTION COMPANY, RE: SOUTH CENTRAL REGIONAL NEAR TERM REUSE SYSTEM

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve Change Order No. 1 to Agreement with McMahan Construction Company for the South Central Regional Near Term CHANGE Reuse System, Contract 2, increasing contract amount by $3,200 for a new contract total of $1,056,200, to increase height of block wall at Suntree reuse pump station and time of 90 days due to delays in irrigation system testing and start-up. Motion carried and ordered unanimously.

AWARD OF BID #B-2-6-27 AND AGREEMENT, RE: TRANSPORTATION OF MATERIALS TO ARTIFICIAL REEF

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to award Bid #B-2-6-27 to International Towing & Salvage for transportation of materials to artificial reef at $14.50 per ton; and authorize the Chairman to execute Agreement for the service. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-02 AND AGREEMENT, RE: ADVERTISING AGENCY FOR TOURIST DEVELOPMENT

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to award Proposal #P-3-6-02, Advertising Agency for Tourist Development, to the Zimmerman Agency; authorize the Tourist Development Council to negotiate the compensation package, a $6,000 monthly retainer fee and an estimated annual contract of $480,000; if unsuccessful, to authorize the TDC to proceed with negotiations with the second ranked vendor; authorize the Chairman to execute Agreement with the selected vendor; and accept withdrawals from Richard Dibley, Greenstone Roberts, and GAT Marketing. Motion carried and ordered unanimously.

APPROVAL, RE: EXPANSION OF BREVARD COUNTY SECURITY SERVICES CONTRACT

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve expansion of the Brevard County Security Services Contract to extend the covered hours at the Brevard County Government Center, the Brevard Government Complex/North and the Titusville Historic Courthouse to seven days a week for all hours other than normal office hours. Motion carried and ordered unanimously.

DEDUCTIVE CHANGE ORDER NO. 14 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve Deductive Change Order No. 14 to Agreement with Brown & Root Building Company for construction of the Harry T. and Harriette V. Moore Justice Center; and authorize transfer of the funds to the direct purchase account. Motion carried and ordered unanimously.

PERMISSION TO BID AND USE ALTERNATES, RE: SATELLITE BEACH PUBLIC LIBRARY ROOF REPAIR/REPLACEMENT

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize advertisement for bids for roof repairs/replacement for the Satellite Beach Public Library at an estimated cost of $116,000 and use of alternates. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: MISSING EQUIPMENT

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve removal from the County?s Inventory of eleven items declared to be missing by Facilities Maintenance. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: ALTERATIONS AND MODIFICATIONS FOR STATE ATTORNEY?S OFFICE AT GOVERNMENT COMPLEX - NORTH

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize advertisement for bids and award of bid for alterations and modifications to the State Attorney?s Office at the Brevard County Government Complex-North. Motion carried and ordered unanimously.

AGREEMENT WITH HOLLAND & KNIGHT, RE: BOND COUNSEL RETAINER

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreement with Holland & Knight as Bond Counsel Retainer. Motion carried and ordered unanimously.

SUBORDINATION OF ASSESSMENT LIEN WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: PROPERTY ADJACENT TO SR 520

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Subordination of Assessment Lien with Florida Department of Transportation for property adjacent to SR 520. Motion carried and ordered unanimously. (

APPROVAL OF PAYMENT, RE: BREVARD COUNTY COMMUNITY CULTURAL GRANTS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve payment of grants totaling $75,000 to the Titusville Art League, Brevard Museum of Arts and Science, Melbourne Municipal Band, Surfside Players, Melbourne Art Festival, The Brevard Museum, The Henegar Center, Florida Space Coast Philharmonic, Brevard Symphony Orchestra, Cocoa Village Playhouse, WFIT89.5/Artist Showcase, Brevard Symphony Youth Orchestra, 90.7WMFE/Arts Connection/Brevard and Titusville Playhouse, as recommended by the Brevard County Community Cultural Grants Panel. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to appoint/reappoint the following:

Herman Wattwood to the North Brevard Library District Board

Sheila Hutcheson to the North Brevard Library District Board

Les Widick to the Historical Commission

Arthur Lamar to the Library Board

Brooks Humphrys to the Historical Commission

James E. Ball to the Historical Commission

James E. Ball to the Spaceport Florida Development Authority

Roy Roberts III to the Extension Advisory Council

William O. Warren to the Contractor?s Licensing Board

Laura Ward to the Code Enforcement Board

Charles Vestal to the Economic Development Corporation

William L. Powell to the Country Acres Advisory Board

Mike Brady to the Planning and Zoning Board

Ralph E. Robertson to the Personnel Council

Leonard Daye to the Zoning Board of Adjustment

Michael G. Brooks to the Planning and Zoning Board

Frank Wrisley to the Zoning Board of Adjustment

Terri Williams to the Port St. John Public Library Advisory Board

Pamela Dunn to the Port St. John Public Library Advisory Board

Maureen Rupe to the Port St. John Public Library Advisory Board

Gary Dover to the Citizens Budget Review Committee

Helen Filkins to the Zoning Board of Adjustment

W. N. Burch to the Personnel Council

Georgia Phillips to the Zoning Board of Adjustment

Timothy Jelus to the Zoning Board of Adjustment

Tim Davis to the Contractors Licensing Board

Charles Westerfield to the Economic Development Corporation

Albert M. Koller to the Access to Government Information Committee

Joseph M. DeLancy to the Access to Government Information Committee

Mike Wentworth to the Information Technology Citizens Advisory Committee

Martin Lamb to the Information Technology Citizens Advisory Committee

Nick White to the Information Technology Citizens Advisory Committee

David Anderson to the Information Technology Citizens Advisory Committee

Hans K. Saurenmann to the Information Technology Citizens Advisory Committee

Motion carried and ordered unanimously.

RESOLUTION, RE: CONGRATULATING AND EXTENDING BEST WISHES TO LAGRANGE COMMUNITY CHURCH

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution congratulating the LaGrange Community Church on completion of its renovation and rededication. Motion carried and ordered unanimously.

REQUEST FOR VARIANCE FROM COUNTY COASTAL SETBACK LINE, RE: SATELLITE BEACH DEVELOPERS, LTD./SATELLITE BEACH CONSTRUCTION CORPORATION

Chairman Cook called for the public hearing to consider a request for variance from the County Coastal Setback Line by Satellite Beach Developers, Ltd./Satellite Beach Construction Corporation.

Rob Lee, 1275 South Patrick Drive, Satellite Beach, representing Lee Engineering, presented affidavits; stated he is applying on behalf of the owner and developer for a variance to the County Construction Setback Line; and outlined the reasons for the request.

There being no objections heard, motion was made by Commissioner Ellis, seconded by Commissioner Higgs, to approve request of Satellite Beach Developers, Ltd./Satellite Beach Construction Corporation to grant a variance of 25 feet to the Brevard County Coastal Setback Line. Motion carried and ordered unanimously.

REQUESTS FOR VARIANCES FROM COUNTY COASTAL SETBACK LINE, RE: FLORIDRON LIMITED, INC.

Chairman Cook called for the public hearing to consider variances from the County Coastal Setback Line by Floridron Limited, Inc. He noted Items IV.C. and IV.D address adjacent properties, and will be considered together.

Edward Fleis, Attorney, 1090 Highway A1A, Satellite Beach, representing Floridron Limited, Inc. stated the sites are adjacent on the South Shores property; and the request is for a 23-foot variance for each of the parcels from the Brevard Coastal Setback Line, as allowed under Ordinance No. 85-17; and outlined the reasons for the request.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant a variance of 23 feet to the Brevard County Coastal Setback Line on 0.344 acres as requested by Floridron, Ltd., Inc.

Commissioner Higgs advised of her objections to the variance including documented erosion of 15 feet in the last 23 years, and the higher probability of damage when building closer to the dune line. Commissioner Ellis advised there are existing slabs, and he sees no problem. Commissioner Higgs noted the property is still usable if the plan is changed.

Mr. Fleis stated the slab itself is vested under Ordinance No. 85-17; and the building line shown on the drawing is a vested line. Commissioner Higgs requested the County Attorney comment on the vesting. Discussion ensued on the issue of vesting. County Attorney Scott Knox advised he cannot say whether or not it is vested; he remembers the vesting issue coming to the Board; but he is not sure how far the vesting went; and he will have to research the issue. He advised the Board took an action to take a site plan that is different in character than the one originally approved.

Commissioner Scarborough suggested continuing the item to the next meeting. Commissioner Ellis disagreed with continuing the item; and noted the area is already disturbed and covered with concrete and the homes are a density improvement over the condominium. Commissioner Higgs advised of other slabs being removed from the area; and stated she is willing to continue the public hearing to get information from the County Attorney.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to continue the public hearing to consider requests by Floridron Limited, Inc. for two variances to the Coastal Setback Line to February 6, 1996. Motion carried and ordered. Commissioners Scarborough, O?Brien and Higgs voted aye; Commissioners Cook and Ellis voted nay.

REQUEST FOR VARIANCE FROM COUNTY COASTAL SETBACK LINE, RE: FIRST SERVICE OF BREVARD, L. C., A FLORIDA LIMITED LIABILITY COMPANY

Chairman Cook called for the public hearing to consider a request for variance from the County Coastal Setback Line for First Service of Brevard, L.C., a Florida Limited Liability Company.

Norman W. Goodwin, 877 North Highway A1A, Indialantic, stated he is President of the Villager Homeowners Association which is opposed to any variances for the subject property. He advised of similar problems at the Villager Condominiums; and requested if the applicant is granted a variance that the Villager be granted a variance as well. He outlined the Homeowners Association?s objections to the request, including encroachment into the beach area.

Commissioner Ellis noted the additional setback from the Coastal Construction Line; and stated the applicant is not onto the beach. Discussion ensued on the encroachment.

Edward Fleis, Attorney, 1090 Highway A1A, Satellite Beach, representing First Service of Brevard, L.C., a Florida Limited Liability Company, submitted an affidavit, and displayed a chart showing the area of the request, the mean high water line, the Coastal Construction Control Line, and the 25-foot setback. He outlined the reasons for the request. Discussion ensued on public access, the number of units and parking.

Commissioner Higgs stated the variance is a matter of marketability and engineering desire. Mr. Fleis stated they looked at what was allowable under Ordinance No. 85-17 and the requirements; and this is the best development for this particular site.

Commissioner Ellis noted the proposed development is 25 feet further west than the condominium next to it, and the action clears up the problem with the crossover and access.

Commissioner Higgs advised of the impact of a storm such as Hurricane Opal on public resources, insurance rates, costs to the taxpayers and the infrastructure. She stated everything indicates the wisdom of not building out into the Coastal Construction Line and the County?s Ordinance which moves that line back. Discussion ensued on encroachment, the Coastal Construction Line, and the Brevard County Coastal Setback Line.

Chairman Cook advised former Commissioner Thad Altman indicates he is opposed to the variance of 22 feet, but would find a 10 to 12-foot variance more reasonable; and submitted Mr. Altman?s letter for the record.

Motion by Commissioner Ellis, to approve variance of 22 feet from the Brevard County Coastal Setback Line as allowed in Section 8 of Ordinance No. 85-17.

Mr. Goodwin indicated he is still in opposition; and submitted a petition.

Commissioner Scarborough seconded the motion.

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

PUBLIC HEARING, RE: APPROVAL OF SETTLEMENT AGREEMENT FOR SCHOPKE CONSTRUCTION & ENGINEERING, INC. VS. MACK CONCRETE INDUSTRIES, INC. VS. BREVARD COUNTY

Chairman Cook called for the public hearing to consider Settlement Agreement for Schopke Construction & Engineering, Inc. vs. Mack Concrete Industries, Inc. vs. Brevard County.

County Attorney Scott Knox recommended approval of Settlement Agreement for Schopke Construction & Engineering, Inc. vs. Mack Concrete Industries, Inc. vs. Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Settlement Agreement for Schopke Construction & Engineering, Inc. vs. Mack Concrete Industries, Inc. vs. Brevard County.

Discussion ensued on why this did not come back as a Change Order and the nature of the disagreement.

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

STAFF REPORT, RE: SPEED HUMP INSTALLATION POLICY

Traffic Engineering Director Billy Osborne stated on December 12, 1995, the Board instructed staff to review the current policy and develop recommendations in lieu of speed humps; staff looked at other options such as diverters, traffic circles, etc. which were more expensive than installing speed humps; and the options provided by staff include additional speed limit signs, adjustments to speed limits, and discontinuing the policy.

Commissioner Higgs stated speed humps have worked well; the Sheriff has been unable to provide continuous traffic control in some residential areas; and she could support sharing some of the costs, but the Board should continue to have a policy to allow use of speed humps.

Commissioner Ellis expressed concern about speed humps being used to control people living on the street who do not obey the signs. He suggested a pricing policy so that if it meets all the County?s threshold criteria, the County would fund 100% through the MSTU; if it meets some of the criteria, the County could fund 50%; and if it meets none of the criteria, the County would install the speed hump, but the residents would need to pay for the improvement through an MSBU.

Commissioner Scarborough stated he agrees with Commissioner Higgs; Mr. Osborne has suggested including some of the homeowners groups as an input source which may be helpful if the County is putting in too many speed humps; and he is not prepared to abandon the policy at this time.

Chairman Cook stated he would like to look at utilizing speed humps as a last resort if there are other alternatives. Commissioner Ellis reiterated his preference for a pricing policy based on how many threshold criteria are met. Commissioner O?Brien stated he is willing to look at changing the policy to require residents to be responsible for a portion of the total cost; but is not willing to deny speed humps. Chairman Cook suggested the Board look at option 1. Commissioner O?Brien stated he would like to look at options 1 and 2. Chairman Cook stated he could support that; and Commissioner Ellis agreed.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to direct staff to implement Option 1, and return to the Board with recommendations on how to make Option 2 equitable with a cost sharing agreement.

Discussion ensued on the issue of safety becoming a matter of the affluence of the neighborhood, and the possibility of spreading the cost over several years to make it more affordable.

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

DISCUSSION, RE: REFINANCING OF WINDOVER HEALTH CLUB APARTMENTS AND WINDOVER OAKS APARTMENTS THROUGH TAX EXEMPT 503(C)(3) CORPORATION

Lynn Carlson Schell, 4929 Dale Drive, Edina, Minnesota, representing the Shelter Corporation, stated two weeks ago she introduced Community Housing Corporation and Shelter Corporation to the Board; and Community Housing Corporation owns Windover Oaks in Titusville and Windover Health Club in Melbourne. Ms. Schell described the refunding of the existing $13.2 million in Windover bonds, and requested the Board approve a supplemental issue and the resolution which was submitted.

Jim Swann, representing EKS, Inc., advised he is present to answer any questions the Board may have.

Dwight Severs, City Attorney for the City of Titusville, 509 Palm Avenue, Titusville, distributed copies of a letter from the Titusville City Manager Sam Ackley dated January 22, 1996; and read aloud a portion of the letter requesting the Board question the benefits to the taxpayer and the public purpose being served by the requested action, and expressing concern about the property being removed from the tax rolls. He noted the property already serves to provide low income housing; the City has entered into Agreements with the Housing Authority providing for payment in lieu of taxes; and submitted copies of Agreements. He recommended an appropriate agreement providing for payment of an equivalent amount of taxes if the Board approves the refinancing.

Malcolm Kirschenbaum, 402 High Point Road, Cocoa, advised he is available to address any questions the Board may have.

Financial Advisor Tom Holley advised of three concerns, conflicts of interest, adequacy of disclosure, and indemnification of the County for any costs it might incur; and stated the proposed resolution addresses the concerns adequately. He advised the numbers are reasonable; and recommended an amendment to the resolution such that the approval of the Board would be conditioned on the compliance with all the stated requirements of the Housing Finance Authority as set forth in its Resolution 95-12, which has been agreed to by all parties.

Chairman Cook inquired if Mr. Burdett?s concerns are satisfied; with Finance Director Steve Burdett responding affirmatively. Chairman Cook inquired if the conflict issue has been corrected; with Mr. Holley responding it has.

Discussion ensued on the deed, mortgage, public purpose, technical default, application and retainer fees, and payment of taxes.

Commissioner Scarborough inquired if the Board is accepting the Authority?s Resolution or making an independent determination; with Mr. Knox responding there is no criteria in the Florida Statutes governing this type of situation; in order to move forward, the Board has to approve the plan of financing; and it is incumbent on the Board to look at the issues identified in the policy which include economic feasibility, which has been analyzed by Mr. Holley.

Chairman Cook inquired why did this come to the Board before the Finance Authority acted on it; with Housing Finance Authority Attorney Angela Abbott responding it has been brought to the Board by the developer and new owner rather than the Authority.

Discussion ensued on the application and retainer fees and the way the deal is being structured, including payment of certain amounts for taxes.

Ms. Schell noted she is familiar with payment in lieu of taxes; the Community Housing Corporation requested approval of refunding the existing bond issue and a small supplemental issue; the question of the tax exemption is one of State law; and to the extent the County does not want to participate and Community Housing Corporation cannot use the Housing Finance Authority for a conduit issuer, it may look for another issuer. She noted the difficulties in working with two public bodies; and stated Community Housing Corporation is asking to have the Board?s sense of the refunding and for the Board to allow the Housing Finance Authority to move forward in further analyzing this transaction to determine if it can come to a fruitful conclusion for restructuring with Fannie Mae.

Chairman Cook inquired about documents; with Mr. Holley assuring all have been taken care of. Chairman Cook inquired about the fees; with Ann Kopelousos, Financial Advisor to the Housing Finance Authority, responding the fees are within the normal range but have not been approved by the Authority.

Jim Swann, representing EKS, Inc., advised of the Legislature?s determination of the public good of not-for profits operating certain businesses; and explained the restrictions and financial problems involved with the apartments.

Commissioner Higgs advised of her concern with the private placement bonds; but stated if the Board says no to private placement bonds, it will have to say no to hospitals and educational institutions which would be a public detriment. She noted the Board?s work in the area of single family homes with mortgage deductions, homestead exemption and other government interventions. She stated the Housing Finance Authority and the Finance Committee have looked at this; the Housing Finance Authority established a resolution which should be included as Mr. Holley recommended; this has met the Board?s criteria; it will go back to meet the Housing Finance Authority criteria; and she will vote in favor of it.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution approving the refinancing of Windover Health Club Apartments and Windover Oaks Apartments, including Finance Director Tom Holley?s recommendations.

Chairman Cook inquired if the resolution complies with the HFS guidelines and those items mentioned earlier by Mr. Holley; with Commissioner Higgs responding affirmatively.

Commissioner Scarborough explained why he cannot support the motion due to diminishing public benefit.

Commissioner Ellis advised the Legislature will address this issue in its next session. Chairman Cook expressed concern about the issue of getting a decision from the Housing Finance Authority before the items come before the Board. Commissioner O?Brien suggested the Board discuss the issue in a workshop format.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to amend the motion to proceed forward with similar provisions as found in Paragraph 3 of the Cooperative Agreement previously used by the City of Titusville with the referenced taxes to include those for the City of Titusville, the Brevard County School Board and Brevard County. Discussion ensued on the issues of tax exemption, criteria for private placement bonds, the Board?s self-imposed review standard, Mr. Holley?s recommendation, and desire for a workshop to look at the policy. Commissioner Higgs advised of Mr. Knox?s memorandum advising of the Board?s role and adopted policy.

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

Chairman Cook called for a vote on the main motion to adopt Resolution authorizing the refinancing of Windover Health Club Apartments and Windover Oaks Apartments, as amended. Motion carried and ordered. Commissioners Scarborough, O?Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

The meeting recessed at 2:50 p.m. and reconvened at 3:10 p.m.

Motion by Commissioner O?Brien, to reconsider the motion to adopt Resolution authorizing the refinancing of Windover Health Club Apartments and Windover Oaks Apartments, as amended.

Commissioner Scarborough inquired why does Commissioner O?Brien want to reconsider; with Commissioner O?Brien responding because the amendment to the original motion will interfere with the State law and will set precedent which is exceptional.

Commissioner Ellis seconded the motion. Chairman Cook called for a vote on the motion to reconsider. Motion carried and ordered unanimously.

Malcolm Kirschenbaum, 402 High Point Road, Cocoa, explained the efforts taken by the owner of the property to maintain the property as affordable housing including a refinancing a year ago which did not come to fruition; advised the owner has put $1.4 million on the table to close this property; and the only way the project can be maintained as affordable housing and refinanced under the current guidelines is with the tax exemption. Mr. Kirschenbaum requested the Board consider the motion as amended.

Commissioner O?Brien inquired if Mr. Kirschenbaum is willing to look at any funds going to the corporation being revitalized back into the County for economic growth; with Mr. Kirschenbaum reaffirming his commitment to do so. Discussion ensued on what funds would be put back into the County and how funds would be utilized.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution authorizing the refinancing of Windover Health Club Apartments and Windover Oaks Apartments as recommended by the Finance Committee, conditioned upon compliance with the all stated requirements of the Housing Finance Authority Resolution No. 95-12.

Commissioner Scarborough inquired about the effect of the Board saying no to approval of the refinancing; with Mr. Kirschenbaum responding the prospective purchase would not be able to close; the property would be maintained as non-profit; and they would look for other ways to refinance. He advised of the tax exempt status of the property. Discussion ensued on the non-profit status and how the project enhances the community.

Commissioner O?Brien expressed desire for this to go back to the State for a change in the law, and for the Board to hold a workshop to discuss all issues.

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

DISCUSSION, RE: FARM ANIMALS AS PETS IN GU ZONING

Charlie Burns, 5125 Evinrude Road, Melbourne, explained his problems with regard to his pet goat. He advised Code Enforcement is a vehicle to facilitate neighborhood disputes; and requested the Board abolish Code Enforcement.

Commissioner Scarborough suggested a method of handling the problem by having surrounding property owners grant permission rather than holding a public hearing.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner Cook, to direct staff to develop a method to allow farm animals as pets in GU zoning with permission of the surrounding property owners. Discussion ensued on how many surrounding property owners should be involved.

County Attorney Scott Knox cautioned about legal problems involved with the Board delegating its authority to the neighborhoods. Discussion ensued on a process to allow farm animals as pets in GU zoning, an appeal process, and prioritization of the Board?s time.

County Manager Tom Jenkins advised the Zoning Official has the authority to provide a waiver unless there is a neighbor who objects; however, the authority is limited if there is a neighbor who objects.

Discussion ensued on number, weight and species of animals per lot and size of lot.

Mr. Enos stated a process can be developed that would allow a public hearing when it cannot be done administratively; and it would not have to be a conditional use permit.

Commissioner Ellis stated an individual can always come in for a conditional use permit for agricultural pursuit; and the reason the Board is hearing this is because it costs $398 to do that. Mr. Enos stated he would like to get it out of the conditional use permit process; much of the cost is notification of surrounding property owners and advertising; and if it gets out of that process, there is still an administrative function where much the same thing can be accomplished with little or no cost. Commissioner O?Brien explained why he would not want to see it go to a CUP.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct staff and the County Attorney to develop options for a permitting process for farm animals in GU zoning other than the conditional use permit process. Motion carried and ordered unanimously.

TEMPORARY USE AGREEMENT WITH MACASPHALT, INC., RE: PORTABLE ASPHALT PLANT, EQUIPMENT AND MATERIALS ON PROPERTY IN MIMS FOR SR 528 AND I-95 ROAD PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table consideration of Temporary Use Agreement with MacAsphalt, Inc. for portable asphalt plant, equipment and materials on property in Mims for SR 528 and I-95 Road Project to February 6, 1996. Motion carried and ordered unanimously.

PERMISSION TO AMEND BREVARD COUNTY CODE, RE: PARKING, LOCATING AND STORING OF TRAILERS, BOATS, VEHICLES AND HEAVY EQUIPMENT

Commissioner Ellis stated people with larger lots and other zonings should be allowed to bring their vehicles there; and the most important restriction is that people cannot use their property to park other people?s vehicles. Commissioner Scarborough stated he would like to see this done with permission of the adjoining property owners.

Commissioner Ellis suggested it could be a permitted use with conditions. Commissioner Scarborough suggested it be with the Zoning Official?s permission with the Board setting forth other criteria in terms of buffering, the nature of the neighborhood, and favorable reaction of adjoining neighbors.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to direct staff to come back with options to allow more flexibility in parking, locating and storing of trailers, boats, vehicles and heavy equipment in certain residential and commercial classifications. Motion carried and ordered unanimously.

DIRECTION TO INITIATE ADMINISTRATIVE REZONING, RE: RECONSIDER OR REVOKE CUP FOR RAISING TROPICAL BIRDS ON PROPERTY OWNED BY MARSHA WITT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to initiate administrative rezoning for property owned by Marsha Witt, located on Bayfield Street in Canaveral Groves, for the March 5, 1996 Planning and Zoning Board and March 28, 1996 Board of County Commissioners? meetings. Motion carried and ordered. Commissioners Scarborough, O?Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

ADOPTION, RE: COMMERCIAL RECOMMENDATION IN VALKARIA SMALL AREA STUDY

Tillman Gallucio, 7655 Babcock Street, S.E., Palm Bay, stated he and his wife live at the corner of Babcock Street and Valkaria Road; and expressed opposition to having the lot included as rural residential in the Valkaria Small Area Study due to heavy traffic conditions.

Robert Vaeth, 315 Humbert Street, Palm Bay, stated he owns the most northern lot on the Babcock Street corridor; and advised of the high traffic count and commercial development. He submitted a letter from former Lt. Governor Tom Adams advising of the situation in Valkaria. He expressed reservations about building a house on his property; and inquired if his BU-1 zoning is taken away, will he be reimbursed; with Chairman Cook responding the courts would have to make that decision. Mr. Vaeth stated he will go to court if he has to, but it is another burden on the taxpayers.

Norman Eliassen, 2490 Lewis Street, Melbourne, stated his 800 feet on Waco Street and Babcock Road are four miles or more away from the Valkaria Homeowners area; and described his property. He advised of his strong objection to the change.

Commissioner Higgs displayed a map of the Small Area Plan study area; and pointed out the various areas. Commissioner Ellis advised there are few homes between I-95 and Babcock Street. Commissioner Higgs described the area; and stated Citizen Recommendation C.1 excludes commercial along Babcock Road in the unincorporated area of the County.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Citizens Recommendation C.1.

Commissioner Ellis explained his opposition to Citizens Recommendation C.1, including concern about the entire area eventually being annexed into the City of Palm Bay. Commissioner Higgs advised of the residential character of the area which permits BU-1-A and RP; and stated a number of large parcels for community commercial uses have been set aside. Commissioner Ellis advised the east side of Babcock Street to I-95 is vacant in character.

Discussion ensued on the character of Babcock Street corridor, the value of BU-1-A when shopping areas are needed, and the proximity of the Palm Bay Town Center.

Chairman Cook expressed concern about the BU-1-A parcel; with Commissioner Higgs advising the land owner will be able to take certain remedies to seek economic compensation. Commissioner Ellis expressed concern that the Palm Bay City limits will be pushed east, which is contrary to the intent. Chairman Cook expressed concern about changing an existing zoning which may open the County to some exposure. Commissioner Higgs inquired if Chairman Cook wishes to exclude the one parcel; with Chairman Cook responding he could support the motion if the Board excludes any parcel currently zoned. Commissioner Higgs inquired how many are there. Discussion ensued on whether the Board should change commercial zoning on property and whether the act of an administrative rezoning would give a cause of action for damages. Mr. Knox advised the process entails some negotiation before getting to the lawsuit stage; but administrative rezoning could trigger a property rights problem if it resulted in a devaluation of the property. Commissioner Higgs inquired if someone would have to prove that there is a market for the property; with Mr. Knox responding all someone would have to say is it was worth more before it was rezoned. Discussion ensued on whether the Board is exposing itself to possible litigation, the I-95 buffer, the character of the land, the possibility of annexation into the City of Palm Bay, and density issues.

Commissioner Scarborough inquired about the City?s position on this issue; with Planner I Todd Corwin responding the City has no comment on the report.

Chairman Cook called for a vote on the motion to approve CRG recommendation C.1. Motion did not carry. Commissioner Higgs voted aye; Commissioners Scarborough, O?Brien, Cook and Ellis voted nay.

Commissioner Higgs stated recommendation C.3 also deals with the Babcock Corridor; and it was the CRG recommendation that only residential uses should be considered along the Babcock Street corridor. Motion by Commissioner Higgs, to approve CRG recommendation C.3.

Chairman Cook inquired if this is the same as C.1; with Mr. Corwin advising there are five BU-1 parcels north of Valkaria Road; there is mixed use district at the Grant Road and Babcock Street intersection; and the recommendation was developed by the CRG to exclude commercial from the corridor and permit only residential uses, including not permitting uses such as BU-1-A or RP.

The motion died for lack of a second.

Commissioner Higgs stated staff recommendation C.5 is to amend the Future Land Use Map from mixed use district to residential for land in Section 15, Township 29, Range 37, except for property currently utilized as Fountainhead Funeral Home. Mr. Corwin advised this would be approximately eighteen parcels; five are zoned BU-1; however, the property at the Fountainhead Funeral Home was not recommended to be included which leaves four BU-1 properties affected.

Motion by Commissioner Higgs, to approve staff recommendation C.5. Motion died for lack of a second.

Motion by Commissioner Higgs, to deny staff recommendation C.7. Motion died for lack of a second.

Commissioner Higgs stated the other recommendation will come back when the Board does the Comprehensive Plan amendment.

Commissioner Scarborough expressed concern about small commercial clusters when larger blocks of major commercial result in better development as well as his frustration with the Board discussion about litigation rather than planning. Commissioner Higgs noted there are numerous large parcels within two miles of the area of concern; with Commissioner Ellis advising those parcels are not on a major corridor.

AMENDED RESOLUTIONS, RE: MICCO COMMUNITY CENTER, PORT ST. JOHN/CANAVERAL GROVES MSTU BALLOT LANGUAGE, AND CHARTER AMENDMENT REFERENDUM LANGUAGE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to move Item V.Q up on the Agenda. Motion carried and ordered unanimously.

Frankie Schott, 3545 Heather Lane, Micco, outlined the history of the issue of the Micco Community Center; and expressed concern with the ballot language which says ?if? when the Board has already voted to spend $90,000 to buy land.

Chairman Cook advised the Board has not closed or negotiated on a property; and if the price is too high, the County would have the ability to not purchase the property.

Ms. Schott inquired if the County might buy no land; with Commissioner Ellis responding if it cannot get the options put together. Ms. Schott inquired what would happen to the Micco Community Center; with Commissioner Ellis responding it would go to Micco Park. Discussion ensued on what would happen if the Allen Avenue property was too costly, with various scenarios presented. Ms. Schott advised a number of people are concerned about the information getting to the community on the cost; and inquired if the Board will get the figures on the costs on both sides before March 12, 1996; with Commissioner Higgs responding yes. Assistant County Manager Joan Madden advised staff was directed to get the options signed at both sites, and the consideration was $100 each; staff put together a package of appraised values and asking prices; those numbers will be available to voters in the target area prior to the election; and it was suggested that the voters need to have information on the possible development costs at one of the sites. Ms. Schott noted information from an independent contractor indicates one site would be more expensive than the other to clear and prepare; and the voters need to be made aware of that. Discussion ensued on which newspapers to advertise in.

George Koraly, 9868 Riverview Drive, Micco, questioned the wisdom of selecting a site adjacent to the railroad track; and expressed concern about the deletion of the words ?at the railroad track? from the ballot language. Chairman Cook advised it is an attempt to make the ballot language as neutral as possible; with Mr. Koraly disagreeing. County Attorney Scott Knox advised the language was removed by the Committee to pare it down and make it neutral with no evil intent. Mr. Koraly presented photographs of Central Avenue between Main Street and Allen Avenue, which is the only route children would take between the two parks; and expressed concerns for the safety of the children.

Chairman Cook stated an argument could be made that the fact that Micco Park is in the language that it may be prejudicing the electorate toward option 2; and it can work both ways. Mr. Koraly stated that is his point; and it is more logical, proper, economical, and safer for the children to put the center adjacent to Micco Park.

Commissioner Scarborough inquired about adding ballot language; with Mr. Knox advising the Supervisor of Elections? equipment is only capable of doing certain ballot language, which has been formulated and already printed in a couple of cases; and all the Board is doing is the resolution approving the ballot language. Supervisor of Elections Fred Galey explained the restrictions on the ballot language; and stated the ballot in question has been printed. Mr. Knox explained the changes to the Port St. John ballot language and Charter ballot language.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolutions amending Resolutions Nos. 96-14, 96-15, and 96-16 for the Micco Community Center, Port St. John/Canaveral Groves MSTU ballot language and the Charter Amendment referendum language. Motion carried and ordered unanimously.

The meeting recessed at 4:38 p.m. and reconvened at 4:55 p.m.

APPROVE, RE: MOVING AGENDA ITEM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to move Item V.P up on the Agenda. Motion carried and ordered unanimously.

AUTHORIZE ASSISTANCE, RE: CHILDRENS SERVICES COUNCIL

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to authorize assistance to the Childrens Services Council, with District 3 Commission Office providing mailing of upcoming meeting notices, minutes taking, and transcription of meeting minutes, and District 5 Commission Office providing mailing of agendas and media notices. Motion carried and ordered unanimously.

CLARIFICATION, RE: FUNDING OF ART IN PUBLIC PLACES AT THE JUSTICE CENTER

Ray Olinger, 2954 Chipper Drive NE, Palm Bay, expressed concern that the sculpture does not make reference to the Moore?s religious faith.

Chairman Cook stated this item is asking if the Board intended for the matching funds to go inside or outside the Justice Center; and he has no preference. Commissioner O?Brien expressed no preference. Commissioner Ellis advised the piece of art would have to go inside.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to express no preference on whether the artwork goes outside or inside the Harry T. and Harriette V. Moore Justice Center.

Commissioner Higgs stated she prefers to fully fund the piece of art, and will vote against the motion. Chairman Cook called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O?Brien, Cook, and Ellis voted aye; Commissioner Higgs voted nay.

PERSONAL APPEARANCE - CLARENCE ROWE, RE: REQUEST FOR ADVANCE OF FUNDS FOR JUSTICE CENTER ARTWORK AND RECOMMENDATIONS FROM ART IN PUBLIC PLACES COMMITTEE FOR HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Higgs, to approve allocation of $30,000 to fund artwork for the Harry T. and Harriette V. Moore Justice Center; and authorize a Negotiating Committee to work with the artist.

Kay Burk, 1525 South Atlantic Avenue, Cocoa Beach, representing the Art in Public Places Advisory Committee, stated she is present to answer any questions the Board may have.

Sandra Storm, 2275 Sykes Creek Drive, Merritt Island, advised she is the sculptor; and in order to have the piece for the dedication and open house, approval is needed as soon as possible.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve the ranking of Storm Sculpture Studio first for provision of artwork for the Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

Chairman Cook stated that was also approval of the Negotiating Committee. Commissioner Ellis inquired if the Board needs to do something to guarantee the funding on this. Commissioner Higgs indicated a desire to make a motion. Chairman Cook stated the Board made a previous motion, $10,000 and $10,000 match. Commissioner Scarborough indicated desire to hear the motion.

Clarence Rowe, 418 Pennsylvania Drive, Rockledge, the Harry T. and Harriette V. Moore Justice Center Committee, requested $50,000 to get the project moving; and advised of the time constraints to get the art installed before the opening of the Justice Center. He advised of actions taken by the Committee to obtain a State stamp; and noted the Committee does not have funds to apply for a 501(c)(3) designation. He advised the only donation was from Chairman Cook; and the Committee only has $72 after expenses. He advised it will take 30 days to get the State number and 6 months to get the 501(c)(3) designation.

Chairman Cook stated the Board took action in a workshop to allow people to write the contributions to the County while the 501(c)(3) designation is being processed.

Mr. Rowe stated the Board should have received a letter from Ms. Moore requesting certain changes to the artwork; and the recommendations will have to go to the Art in Public Places Committee for approval. Discussion ensued on additional time and costs to make the changes as well as additional suggestions concerning the artwork.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to allocate $32,500, including $10,000 from the previous motion, for the selected piece of art; and authorize staff to enter into negotiations.

Chairman Cook inquired what negotiations; with Commissioner Higgs responding there will be a contract and it will have to be acceptable to both parties. Commissioner Higgs stated the artist has outlined three payments points that she wants; the County will want to look at those; the County will want a firm delivery date and penalties; and there are issues to be resolved that will be part of the negotiation of the contract.

Commissioner O?Brien noted the Board funded the first $10,000 and a match of an additional $10,000; and if the group cannot raise the funding to get the job done in time for the opening of the Justice Center, there is no emergency to require the Board to fund $32,000. He suggested funding $20,000 over the original $10,000 and taking it from the Arts Council budget if it is not paid back by November, 1996; with Ms. Burk protesting this is not a Brevard Cultural Alliance project.

Commissioner Scarborough inquired about the artist?s expenses and foundry costs. He stated without a guarantee of $30,000, the artist cannot proceed. Commissioner Ellis suggested Commissioner-signing for the last $13,000; stated as the money is raised it will come to the County; and if there is a shortfall, the County will cover it. Commissioner O?Brien inquired about the necessity to have the work done by July, 1996. Chairman Cook expressed support for Commissioner Ellis? suggestion. Discussion ensued on the fundraising effort.

Commissioner Ellis clarified the Board is guaranteeing $12,500; there is already $20,000 in the pot; as the group raises money, the first $12,500 comes back to the County; but as they move beyond $12,500 that money will accrue for outside art. Discussion ensued on the methods of funding.

Commissioner Higgs stated her understanding was that Mr. Rowe and his committee had formed to take care of the outside sculpture; the inside was that for which the Board had set aside the money; and she stands by her motion that the $30,000 fund the inside piece of art, and the Committee move forward with fundraising for the exterior. Chairman Cook expressed concern about readdressing the original motion.

Commissioner O?Brien noted Ms. Burk says this is not a Brevard Cultural Alliance project; and inquired whose project is it. Ms. Burk explained the function of the Art in Public Places Ordinance and Advisory Committee. She explained the plans of Mr. Rowe?s Committee to raise the $10,000 match to get the piece of art done, and then continue to fund other art; but emphasized there are two Committees.

Mr. Rowe advised of the Board?s previous action for $10,000 plus a match of $10,000 for a total of $30,000; and expressed concern about having two different groups sending documentation to contributors. He requested the Ordinance be set aside when both groups meet together to make decisions to take back to the Board. He advised of the provisions of the Ordinance which allows up to 1% of the overall cost to be designated for art; stated the Board agreed to allow less than ?%; and there may be $200,000 left in contingency funds when the project is completed which would be available if the Board wishes to utilize those funds.

Commissioner O?Brien expressed concern that plastic signs are being put on libraries instead of bronze plaques, and the Board is being requested to spend $32,500 on one piece of art; and suggested the attorneys who will be using the building should put money into art for inside the building.

Chairman Cook stated there are three Commissioners who are not going to support the motion.

Commissioner Scarborough expressed desire to proceed. Chairman Cook agreed; but stated he cannot support the motion because he likes the match.

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

Motion by Commissioner Ellis, seconded by Commissioner Cook, to guarantee the $13,000 for the money to be raised privately, making a total of $33,000 available to the artist, and with the first $13,000 raised privately to come back to the County. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize the Negotiating Committee consisting of the County Manager, Art in Public Places Advisory Committee Chairman, Harry T. Moore Fund Raising Chairman, County Attorney and Purchasing Director or their designees to negotiate with the Storm Sculpture Studio; and authorize the Chairman to execute the contract. Motion carried and ordered unanimously.

County Manager Tom Jenkins inquired how will the Board insure it will get its $13,000 off the top as it does not control the not-for-profit group. Mr. Knox advised the initial collections will go to the County; and the County can control that. Chairman Cook inquired who will guarantee the match for the $13,000; with Mr. Rowe responding the group will guarantee the match once it gets the money.

REPORT, RE: MEASURABLE OUTCOMES FOR HACIENDA GIRLS RANCH, INC. AND NEW LIFE OPTIONS, INC.

Commissioner Higgs stated the goals are acceptable for the Hacienda Girls Ranch; but she does not have very measurable outcomes, nor does she see $15,000 worth of objectives under the New Life Options Contract.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve the measurable outcomes presented for Hacienda Girls Ranch; and direct staff to work further on New Life Options.

Discussion ensued on the desired measurable outcomes. Assistant County Manager Joan Madden advised New Life Options is a new organization with no baseline for measurement; and outlined its proposed activities. Chairman Cook noted the Board has already funded the group. Discussion resumed on the desired measurable outcomes and level of detail.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table consideration of report on Hacienda Girls Ranch, Inc. and New Life Options, Inc. for 30 days to allow staff and New Life Options, Inc. to work on measurable outcomes. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH RKT CONSTRUCTORS, INC., RE: NORTH BREVARD YARD WASTE AND MULCHING FACILITY

Dwight Severs, 509 Palm Avenue, Titusville, City Attorney for the City of Titusville, requested the Board?s approval to proceed with the waste and mulching facility. He advised of the Board?s Interlocal Agreement with the City of Titusville and the actions taken by the City in response to the Agreement.

Commissioner Ellis expressed concern that stormwater collected west of I-95 has a clear path to the river; and requested all culvert crossings and ditches west of I-95 be examined and upgraded if necessary to accommodate the water.

Chairman Cook expressed concern that the County will spend $389,000 to benefit one property owner whose property is assessed at $44,000; and suggested purchasing the property. Discussion ensued on whether it would be cheaper to buy the property than to work out additional drainage.

Commissioner Scarborough advised even with the Change Orders, the project is still less expensive than the second low bid; and expressed concern with the risks involved in going out for bid again. Chairman Cook noted the change in the scope of the project. Discussion ensued on how to proceed with the project, including whether to use Mr. Moehle?s property, whether to re-bid, whether the original ability to fill has changed, drainage concerns, and the change in the scope of the project.

Solid Waste Management Director Richard Rabon advised of problems involved with making a change in the project, including having to go back to the St. Johns River Water Management District for a permit modification; and expressed reservations that it would be possible.

Chairman Cook advised he would like to explore the purchase, if the property owner is willing. Commissioner Scarborough inquired if there are any risks involved in continuing the item for two weeks; with Mr. Rabon responding probably not, but prices are subject to change.

Motion by Commissioner Scarborough, to table consideration of Change Order No. 1 to Agreement with RKT Constructors, Inc. for the Brevard Yard Waste and Mulching Facility.

Commissioner Higgs noted her request to speak; and Commissioner Scarborough withdrew his motion to table the item.

Commissioner Higgs inquired about the impacts to Mr. Moehle?s property; with Surface Water Improvement Director Ron Jones explaining how the design minimizes what was coming off the County?s property and going historically onto Mr. Moehle?s property.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table consideration of Change Order No. 1 to Agreement with RKT Constructors, Inc. for the North Brevard Yard Waste and Mulching Facility. Motion carried and ordered unanimously.

APPROVAL, RE: REFUNDING REVENUE BONDS BY BREVARD COUNTY HEALTH FACILITIES AUTHORITY FOR WUESTHOFF MEMORIAL HOSPITAL AND WUESTHOFF HEALTH SERVICES

Angela Abbott, 11 A. Max Brewer Parkway, Titusville, representing Brevard County Health Facilities Authority, stated the Health Facilities Authority has approved the issue which is a refunding of an existing issue for Wuesthoff Hospital; the refunded portion is $32 million from a total issue of $38 million; there will be a net savings to the Hospital in debt service; the issue will be AAA-rated, insured and guaranteed by the Hospital; and there is a portion which will take out an existing bank loan for a nursing home facility in the Viera area.

Commissioner O?Brien inquired about the location and cost of the facility; with Ms. Abbott responding it is a $5.6 million facility located in Viera East.

Chairman Cook inquired if there is risk to the County; with Ms. Abbott explaining why there is no risk; and advising the Health Facilities Authority will give its final approval tomorrow morning.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to adopt Resolution authorizing refunding Revenue Bonds by Brevard County Health Facilities Authority for Wuesthoff Memorial Hospital and Wuesthoff Health Services. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - REVEREND RON MEYR, RE: POLICY BCC-47, USE OF MEETING ROOM

Reverend Ron Meyr, 756 Harrier Court, Viera, representing Faith Lutheran Church, requested the Board waive its policy to allow the Church to use a meeting room at the Government Center for services. Chairman Cook advised he has no objection to amending the Policy. Commissioner Ellis stated he has no problem striking both partisan political and religious activities from the Policy.

County Attorney Scott Knox stated he thinks there is case law that says it is all right; he will check into it; and the Board can take action subject to his approval.

Chairman Cook inquired if this would take a Policy amendment; with County Manager Tom Jenkins responding yes. Commissioner Ellis inquired about the rates; with Facilities Management Director Hugh Muller advising the cost including overhead would be approximately $25 an hour. Chairman Cook inquired how the School Board handles this; and expressed desire for a more reasonable charge. Commissioner Ellis noted $25 an hour is comparable to the rent for a pavilion at a County park.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to look at modifying Section F of Policy BCC-47, striking references to political and religious activities, and modifying Fees and Deposits, increasing the charge, if justified, for use of facilities after hours and weekends.

Commissioner Scarborough expressed concern about the issue of separation of church and state; and discussion ensued.

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

PERSONAL APPEARANCE - TRACY SMITH, MANAGER OF GOVERNMENT RELATIONS, SOUTHERN STATES UTILITIES, RE: SUPPORT OF UNIFORM RATES FOR SOUTHERN STATES UTILITIES CUSTOMERS

Tracy Smith, Manager of Government Relations for Southern States Utilities, 1000 Color Place, Apopka, explained the Public Service Commission?s reversal from uniform rates to stand alone rates, and the impact to Brevard County customers in Oakwood and Kingswood. He requested the Board?s support to encourage the Public Service Commission to reinstate uniform rates. He described Southern State Utilities? operations; and advised of the increases for County customers.

Commissioner Higgs inquired about Florida Cities Water?s rates and the impact on its cost of service. Mr. Smith explained how the Public Service Commission deals with each utility; and advised Florida Cities has approximately 48,000 customers, and is on individual rates in each of the communities it serves. Commissioner Higgs inquired does Southern States Utilities buy water from the County, and what is its profit margin; with Mr. Smith responding yes, and right now it is a negative profit margin. Discussion ensued on the profit margin; with Mr. Smith advising Southern States Utilities has no markup and is losing money on the water it sells to its customers in the County.

Commissioner Ellis expressed support for stand alone rates. Commissioner Scarborough noted the County?s sewer system is run on uniform rates; with Commissioner Ellis advising he does not agree with that. Commissioner Scarborough advised Southern States Utilities will have to rebate $5 million which it cannot recapture from the ones who benefitted; and there is customer and corporate interest in having the Board support this. Mr. Smith advised Southern States Utilities is not asking the Board to be involved in that issue.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve a Resolution supporting uniform rates for Southern States Utilities customers.

Discussion ensued on the effect of an increase in water rates.

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

PERSONAL APPEARANCE - RAY OLINGER, RE: RECONSIDER BOARD ACTION TO ADD TWO ADDITIONAL MEMBERS TO THE COMMUNITY BASED ORGANIZATIONS FUNDING PROGRAM CITIZENS ADVISORY BOARD

Ray Olinger, 2954 Chipper Drive NE, Palm Bay, requested the Board reconsider its action to add two members to the Community Based Organizations Funding Board so there will not be undue influence from the public charity community. He noted the Advisory Board evaluated 26 or 27 proposals; and to add the input of two more members would be time consuming, unnecessary, and make it harder to reach consensus.

Discussion ensued on the composition of the Advisory Board.

Commissioner Ellis stated he would like to see the four recommendations in Mr. Olinger?s letter implemented.

Chairman Cook inquired if there is Board interest in going back to five members. Commissioners Ellis and O?Brien advised they like the seven-member Advisory Board.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve the four recommendations of the Community Based Organizations Funding Program Citizens Advisory Board as follows: (1) to direct staff to generate a streamlined, formatted, and simplified Request for Proposal to include complete budgets showing all sources of funding and funded amounts, the community based organizations demonstrated ability to generate funds in the community, and a designation of all for-profit as well as all not-for-profit subsidiaries; (2) a requirement that funding to organization be used for direct services and not for construction or renovation; (3) limiting administrative costs to a certain percentage of recommended funding; and (4) that community based organizations be given an opportunity to make an oral presentation before the Advisory Board prior to the Board making its recommendation. Motion carried and ordered unanimously.

DISCUSSION, RE: DRAINAGE IMPROVEMENTS WEST OF I-95, LAMPLIGHTER VILLAGE, AND M-1 CANAL

Daniel Platt, 4905 West Eau Gallie Boulevard, Melbourne, expressed concern about flow from east to west under I-95 onto his property; and stated it could be diverted down I-95 to the M-1 Canal.

Commissioner Ellis inquired if that is the Groveland ditch; with Mr. Platt responding yes. Mr. Platt explained how a levee would control the flood water once the dikes are removed; and expressed support for the pump.

Donald Champlain, 320 Windsor Court, Melbourne, emphasized the urgency of starting the project as the rainy season is approaching .

Motion by Commissioner Ellis, to approve moving forward with the drainage project.

Commissioner Ellis explained the problem and how it can be corrected; and stated it will be possible to get the system in place before the rains come in the summertime.

Chairman Cook inquired what is the funding source, and how much will it cost; with Commissioner Ellis responding Solid Waste Management. Solid Waste Management Director Richard Rabon advised the County currently has permitted that property for mitigation; and there will not be any additional cost for property. Public Works Director Henry Minneboo stated the pump will probably be approximately $60,000. Chairman Cook inquired why would it come out of Solid Waste funds and not stormwater assessment; with Mr. Rabon responding it will enhance the wetland characteristics.

Commissioner Higgs inquired if Mr. Minneboo is recommending the project as outlined; with Mr. Minneboo responding affirmatively. Mr. Minneboo advised the County got the permit yesterday for the pump.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize proceeding with restoration of hydrology west of I-95, drainage improvements for Lamplighter Village, and western diversion of M-1 Canal waters, with funding to be through the Solid Waste Management Department.

Chairman Cook noted the lack of a financial impact statement; with Commissioner Ellis advising any expense for the pump or engineering will come back to the Board.

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

PERSONAL APPEARANCE - LOUIS MOREHEAD, RE: PROPOSAL FOR COUNTY TO PURCHASE DRAINAGE RIGHT-OF-WAY

Louis Morehead, P.O. Box 697, Sharpes, stated he has submitted a proposal for the County to purchase land which he owns in Port St. John for the purpose of obtaining a stormwater drainage right-of-way which has been determined by the Engineering Department to be a missing link and major outfall for the conveyance of stormwater through Port St. John. Mr. Morehead indicated preference to sell the land fee simple for the benefit of the public; and advised he submitted a letter outlining all details. He requested the Board authorize an appraisal and determine that the property?s existing drainage ditch has an improved property value. He requested the Board stipulate that improvement valuations be incorporated into the appraisal of the property, that the Board accept that a precedent for valuation has been established on the property for the use of stormwater drainage, and stipulate that the established valuation be reflected as a comparative for the purpose of the appraisal.

Commissioner Ellis inquired what is the acreage, and how much does Mr. Morehead want for the property. Mr. Morehead responded it is 2.29 acres; the valuation on the Property Appraiser?s record is incorrect; and the current assessment is $19,765 for the ditch. Commissioner Ellis noted it is not buildable property. Mr. Morehead stated former Assistant County Manager Dean Sprague discussed the County?s lack of ability to maintain the ditch; County Manager Tom Jenkins advised the Board that the County needs an easement of some magnitude in order for Public Works to maintain the ditch; but this is private property, which he owns, and the County cannot come onto private property to maintain a ditch which it does not own. Mr. Morehead requested the Board obtain an independent and impartial appraisal by an MAI, and proceed from there.

Chairman Cook requested the Public Works Director address the issue. Mr. Morehead submitted a letter; and advised of a meeting in Commissioner Scarborough?s office yesterday which included Mr. Minneboo, Mr. Najda, Mr. Sternagel and Ms. Wellen.

Public Works Director Henry Minneboo stated this has been ongoing for some time; and the County?s position is that because of the historical nature of the parcel, the County has complete ownership; but he will go along with getting an appraisal of the parcel just to see the value on that particular portion of the land.

Commissioner Scarborough stated there are certain rights because the water has historically flowed on the property; an easement had to be acquired over the property by Romar; and inquired if there is any benefit in acquiring fee simple so the County can better maintain it, and what does the County acquire if it moves beyond the historical drainage right to a fee simple right. He stated in order to move forward, the Board needs to know what Mr. Morehead would sell the property for and what the appraisal would be; and inquired about the cost of an appraisal. He requested information from staff on the cost of an appraisal, why the County should buy the easement again if Romar already bought it, and what value the County would acquire if the County purchased fee simple. Chairman Cook requested Mr. Morehead advise what he wants for the property.

Mr. Morehead stated the County allowed Mr. Molitor, President of Romar Homes, to excavate his property and drain all the water from the 100-acre Woods development onto his land without legal means; the stormwater easement was sold to Mr. Molitor to help clear up some of the problems which staff has not followed through on; and this set a precedent and established a valuation of this particular property for the purpose of stormwater drainage, which he would like to be reflected in an appraisal.

Commissioner Ellis stated that cuts both ways; and if Mr. Morehead sold a drainage easement to Roger Molitor, he is now under legal duty to keep it open as a drainage easement. Mr. Morehead advised it is a non-exclusive easement; and he is sure this is something that can be worked out.

Chairman Cook stated he sees a willingness to explore. Commissioner Scarborough stated staff will get some information to the Board; and if the County can benefit and the price is reasonable, he is inclined to do it.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct staff to evaluate the value to the County of acquiring Louis Morehead?s property fee simple, investigate to what extent compensation is due to Mr. Morehead since the easement has been sold once, and report on the cost of an appraisal. Motion carried and ordered unanimously.

APPROVAL, RE: SPECIAL EVENT FEE WAIVER

County Manager Tom Jenkins advised there is an error on the Agenda Report, and the event would be three days a week.

Stephen Kappeler, General Manager of Holiday Inn, Melbourne Oceanfront, requested the Board approve the Special Event Permit to host entertainment on the oceanfront deck; stated he did this last year; and applied this year to cover all bases, even though he is unclear if it is necessary as it is based on noise.

Chairman Cook inquired if there is residential abutting the property; with Commissioner Ellis responding there is a condominium to one side.

Commissioner Ellis inquired why are they being charged a fee; stated it is their property; and they are having an event for which they are not charging admission. County Attorney Scott Knox responded a fee would be charged in this case because music is being allowed on the premises at the time this is taking place, which triggers the Festival Ordinance which has a fee provision. Mr. Kappeler stated it is not a festival; and it is just entertainment. Chairman Cook inquired if Mr. Knox is saying if the Board waived the fee on this, it should be waived on all. Mr. Knox responded the fee provision in the Festival Ordinance does not allow for waiver; and recommended changing that provision. Chairman Cook inquired what happened last year; with Mr. Kappeler responding the Board waived the fee. Mr. Jenkins advised of the waiver of the fee for Holiday Inn and the reduction of fee for the Hilton. Mr. Kappeler inquired about the time frame; with Mr. Sternagel advising the action on the Melbourne Beach Hilton was August 22, 1995. Commissioner Ellis noted that was not for a weekly event.

Commissioner Scarborough stated if anyone is going to be disturbed it will probably be the hotel guests; and suggested rewriting the Ordinance so that certain places can do what is expected at a business. Chairman Cook stated he is happy to look at that; but cautioned Gizmo?s on U.S. 1 has single family residential abutting, and the residents would have a concern about an action that would affect them. Commissioner Scarborough suggested the Board could instruct the County Attorney to write around that. Commissioner Higgs advised it is the same situation as at Sebastian Beach Inn. Commissioner Ellis stated those are Noise Ordinance issues. Chairman Cook requested staff factor those things in. Commissioner Higgs suggested when there are multiple occurrences of the same event, it could trigger a one-time fee.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to direct staff to come back to the Board in 30 days with options on how the Festival Ordinance can be amended.

Commissioner Ellis stated there also needs to be some direction for the people from the hotels so they will know they can move forward without getting arrested or fined. Commissioner Higgs noted the event does not start until March 6, 1996.

Commissioner O?Brien stated the $50 fee for the Hilton was for ongoing fire inspections of the facility because of the number of people involved and the safety question; in the future, multiple events could have a weekly or bi-weekly inspection; and if this had been done at the hotel in Kansas City eight years ago, the walkway would not have collapsed.

Mr. Kappeler emphasized this is an outdoor event on the oceanfront deck; and the hotel in Kansas City was a nightclub with a reputation for overcrowding. He stated they are also asked to fill out an economic impact statement and to demonstrate the impact on tourism; and he submitted a letter from the Convention and Visitors Bureau which recognizes some of the impact.

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

The meeting recessed at 6:57 p.m. and reconvened at 7:15 p.m.

APPROVAL OF STAFF RECOMMENDATIONS, RE: DISPOSITION OF SCAT SOUTH TERMINAL

Transit Services Director Don Lusk recommended the Board authorize sale of the South Terminal via public sale process contingent upon the appropriate approval of plans, grants, use of the Florida Department of Transportation toll revenue, credit program, and necessary local match.

Chairman Cook inquired what cost to the County will this incur; with Mr. Lusk responding the cost to the County as proposed would be nothing in local match, but would require expenditure of the unallocated capital grants. County Manager Tom Jenkins stated this originated as a Board goal; and it will come back to the Board once the proposals are in for sale to determine if it is cost feasible. Chairman Cook inquired if staff is asking for permission to go out for proposals; with Mr. Jenkins responding affirmatively.

Commissioner Ellis noted the difference in the $1.1 million to sell the site and the $1.9 million to buy a new site and build; and stated although he and Mr. Lusk looked at shaving costs, the difference was still over $500,000.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Option 1 to not sell the South Terminal and continue with plans to improve the current facility.

Commissioner O?Brien stated this will have no impact on the taxpayers of Brevard County; there are federal dollars available for this; and he cannot support the motion.

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

PERMISSION TO ADVERTISE, RE: ORDINANCE AMENDING OCCUPATIONAL LICENSE ORDINANCE

Motion by Commissioner Ellis, seconded for discussion by Commissioner Cook, to grant permission to advertise a public hearing to consider an Ordinance amending the Occupational License Ordinance, specifically Article II, Chapter 102, Section 102-85, Code of Ordinances of Brevard County, Florida.

Chairman Cook stated this is something the Board previously discussed, and it will take care of an inequity which was not the Board?s intent in the original motion.

Commissioner Scarborough expressed concern about someone working in a group not having to pay for a license while someone working on his own will have to get a license; and stated he is beginning to have reservations about doing anything with this.

Commissioner Ellis advised prior to the change, there was one license for an office; and he does not think if a business has an occupational license that it should have to buy one for every employee.

Commissioner O?Brien addressed the issue of legitimate employees of a business as opposed to people who are subcontracted; and advised the ones who are subcontracted should have licenses. Commissioners O?Brien and Ellis exchanged comments on the experiences of Commissioner O?Brien?s brother who works at, but not for a power company in another state.

Commissioner Scarborough outlined three scenarios; and expressed concerns about the inequity of a person washing windows for $35 having to pay for a license while someone in a large CPA firm would be exempt because he is working in a group. Commissioner Ellis inquired about licensing of electricians; with Commissioner Scarborough advising electricians are not listed. Commissioner Ellis inquired who will be considered a professional and who will not; with Commissioner Scarborough advising a list is included. Commissioner Ellis noted it is the County?s current list. Discussion ensued on who should be required to obtain an occupational license.

Commissioner Ellis noted when he gets his drivers license, he is not required to show his income; and inquired why a business license should be any different when there is no equity study showing that any one business costs any more than another to maintain a file. Discussion ensued on the cost of the license, funding of the EDC, and the taxes companies pay and the benefits they derive.

Chairman Cook stated he would like to look at the whole occupational license issue again because he did not realize that previously the Board passed a toxic charge in addition to the occupational taxes going up for businesses determined to have some sort of hazardous materials.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to advertise a public hearing to consider an ordinance amending the Occupational License Ordinance. Motion carried and ordered. Commissioners O?Brien, Cook, and Ellis voted aye; Commissioners Scarborough and Higgs voted nay.

REPORT, RE: USE OF DECIBELS TO DETERMINE NOISE LEVELS

Chairman Cook stated the Board requested staff prepare a report on noise levels.

Commissioner Scarborough advised the City of Titusville has two decibel meters located in the Fire Department which are used by Code Enforcement on an as needed basis to measure decibel levels in accordance with local Ordinances.

Assistant Code Compliance Director Ralph Brescia advised the initial cost of a sound level meter is $700; calibration equipment is necessary; and the eight-hour training sessions would be $500; but he has nothing in writing from the company.

Bob Griswold, Animal Control Supervisor, stated when he spoke to the State Attorney?s Office, he was informed there were other cases regarding other issues such as church bells and noise; and Mr. Holmes would be happy to revisit the issue and analyze it in depth at the direction of the Board. County Attorney Scott Knox advised the State Attorney?s Office indicates it is pleased with the way the current Ordinance works, but anticipates more problems with the decibel level situation because the equipment is similar to how a DWI is proven in that it is necessary to prove the equipment was calibrated properly and that there are certified operators. Commissioner Scarborough noted the decibel level is not in place of other evidence but in addition to it; and advised of the advantages of having a decibel level to indicate whether or not there is a violation. Chairman Cook expressed concern about constant noises below the established decibel level. Commissioner Scarborough noted the Ordinance can be written any way the Board wants.

Commissioner O?Brien advised of the constant hum from low frequency radio for submarines which 10% of the population can hear.

Commissioner Higgs stated the Ordinance with ?loud and raucous? seems to be working; it has been used successfully in court; and she is not supportive of a change.

Chairman Cook stated he does not see a consensus to change.

Commissioner Ellis indicated support for the decibel provision. Commissioner Scarborough described the situation at Linnea?s Landing; and stated if there had been a decibel ordinance, staff could have determined if there was a violation in one trip. Chairman Cook stated he does not see a need for a change now, especially with the concern from the State Attorney; and the Board should look at other ideas. Mr. Knox noted from a Code Enforcement standpoint having the alternative of ?loud and raucous? and a decibel level might make more sense.

Chairman Cook inquired if the cases going to the State Attorney are being prosecuted.

Commissioner Scarborough noted having a decibel standard would allow action to be taken in the case of Bombardier. Commissioner Higgs stated she would not mind a parallel ordinance, but would not want to replace the ?loud and raucous? as a definition.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct staff to report to the Board on equipment to measure noise levels by decibels; and direct the County Attorney to present options to the Board on ways to amend the Noise Ordinance to allow a person to be cited either for exceeding decibel levels or being loud and raucous.

Chairman Cook inquired would it be separate parallel type ordinances. Commissioner Scarborough stated it would be part of the same ordinance. Mr. Knox stated it could be prosecuted under Section A which would be loud and raucous or Section B which would be decibels.

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

WAIVER OF FILING FEES, RE: DOMESTIC VIOLENCE INJUNCTION

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution waiving filing fees established by Chapter 38 of the Code of Ordinances of Brevard County, Florida, for persons filing for injunction for protection against domestic violence.

Commissioner Higgs stated it would include the date of January 9, 1996.

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

DISCUSSION, RE: RESOLUTION OF ISSUES RAISED BY INTERNAL AUDIT OF MSBU PROGRAM

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve Option 2 for accrual of interest penalty for accounts in arrears, that the one percent interest penalty would accrue against only the outstanding annual principal payments that have been billed and are delinquent, and the penalty would accrue in addition to standard accrual of monthly interest. Motion carried and ordered. Commissioners O?Brien, Higgs, Cook, and Ellis voted aye; Commissioner Scarborough voted nay.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve Option 2 for collection of delinquent accounts, that the County will continue working with the property owners and mortgage companies to receive payment of delinquent amounts thereby foregoing foreclosure if payment is made by the mortgage company or monthly payments are made by the property owner. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Option 2 for retroactive application of the delinquency penalty to special assessment lien accounts still under County lien, that the PMI system will be reprogrammed to collect the 1% interest penalty effective January 1, 1996 on all MSBU projects following policy direction given by the Board under Issue #1 on the Agenda. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve staff recommendation for feasibility of reassessment (pursuant to Section 170.14, Florida Statutes) of MSBU special assessment liens released without enforcement of the delinquency penalty, to concur with the County Attorney that reassessment should not be considered for the Port St. John MSBU. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Option 3 for uniform method of collection for MSBU special assessment liens, to remain on the separate annual billing for collection of MSBU special assessment lien charges. Motion carried and ordered unanimously.

Commissioner Scarborough stated there is a separate billing process for the MSBU?s; the County is not using a system that works well; when an individual borrows money to buy a house, he gets a mortgage and the money for taxes is put into escrow; if there was a system where the MSBU money was being put into escrow, there would never be a problem; and the only problem would be someone who paid cash for his house. He noted someone who pays cash for his house generally pays his taxes at a discount; the concern is how to handle the person who pays his taxes at a discount in November; and that can be handled by figuring the MSBU that if everybody did that, it would build up a surplus. He stated if someone does not pay, a tax certificate may be issued; but ultimately that emerges as a tax deed, and at that time the tax certificate is repaid, and it is made whole. He stated it could be structured to use a system like everything else that is collected similar to the ad valorem taxes. Commissioner Ellis agreed with putting the MSBU on the tax bill. Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct staff to confer with the Tax Collector on how the MSBU?s could be put on the tax bills, and report back to the Board with ideas. Motion carried and ordered unanimously.

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

County Manager Tom Jenkins stated suggestion #1 is already being done.

Chairman Cook stated #2 involves concern about the motion sensors; but if lights are being left on, staff should contact the janitorial service to make sure that does not happen. He stated #3 cannot be done. He stated #4 is time clocks for all employees; and he is willing to consider that. Commissioner Ellis stated that might be an option. Chairman Cook stated #5 is for Departments to purchase office supplies from other stores, such as K-Mart, Wal-Mart, etc.

Discussion ensued on the suggestion to have time clocks, whether computers can be used as time clocks, whether time clocks increase productivity, and whether it should be a managerial decision. Mr. Jenkins stated if the Board makes it optional, it has addressed the issue; and if there is a need for it, it can be done.

Commissioner O?Brien inquired about the movement sensors. Chairman Cook advised the janitorial people need to be told to turn off the lights. Mr. Jenkins stated that will be put in the contract; and in most instances they are doing that.

Commissioner O?Brien stated #1 is copies of Agendas do not seem necessary on memorandums providing Board actions; with Mr. Jenkins advising that is already being done. Commissioner O?Brien expressed concern about duplication.

Discussion ensued on suggestion #5.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to approve Suggestion #5.

Discussion resumed on suggestion #5, including whether employees will waste time to buy one item when delivery is available, the necessity for an audit trail, purchase order and receipt, problems with the County?s bid system for office supplies, use of purchase orders, and use of petty cash. Commissioner Ellis noted the Board needs to trust employees to do the productive thing. Mr. Jenkins stated staff can have the flexibility to do it. Commissioner Scarborough stated the Department heads can fine tune it.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to allow the County Manager and the Department heads to have discretion to authorize purchase of office supplies from Wal-Mart, K-Mart, etc. Motion carried and ordered unanimously.

DISCUSSION, RE: EXEMPTION OF HOMEOWNER ASSOCIATIONS? COMMON AREAS FROM STORMWATER UTILITY ASSESSMENT

Commissioner Ellis stated this is an ongoing hassle because if a homeowners association does not pay a stormwater bill, it goes to auction.

Motion by Commissioner Scarborough, to exempt homeowner associations? common areas from Stormwater Utility Assessment.

Chairman Cook and Commissioner Scarborough advised of situations in their Districts. Commissioner Scarborough advised in some circumstances the only thing that will happen is the County will assume responsibility for maintenance.

Commissioner Higgs inquired what is going to be done with something like the Master Homeowners Association of Suntree or the Barefoot Bay Homeowners Association which have massive amounts of property; and is the Viera CDD going to be absolved of all of its homeowners association responsibilities. Chairman Cook noted the Board is only talking about stormwater utility assessments. Commissioner Scarborough inquired if there could be an analysis; with Commissioner Higgs agreeing it would make sense to have some data. Commissioner O?Brien suggested a limit. Discussion ensued on the limit, and why a homeowners association would not pay when individuals do have to pay.

Assistant Public Works Director Ron Jones stated in terms of the retention areas or common areas, the associated fiscal assessment has been calculated at $6,589 Countywide; and if the Board wishes to go forward with this type action, it would limit some of the aggravation people experience when dealing with some of these issues or staff could provide a more complete analysis.

Chairman Cook suggested looking at some sort of threshold. Commissioner Scarborough stated what the Board wants is an analysis of the fiscal impact to the County; and Commissioner Ellis? point is when a bill goes out for $6.87, it is losing money.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct staff to provide a fiscal analysis of the impact to the County of exempting homeowners associations? common areas from the Stormwater Utility Assessment. Motion carried and ordered unanimously.

CONSIDERATION, RE: ADVERTISING PUBLIC HEARING ON ORDINANCE TO LIMIT CAST NET FISHING

Chairman Cook stated this has been a topic in his area; Commissioner Higgs made inquiries on this also; and it is something the Board needs to move on.

Commissioner O?Brien outlined the problems in District 2 with boats coming into people?s back yards and boats throwing big nets, taking all fish and not throwing anything back.

Commissioner Higgs noted the Board can only do a limited amount of regulating. Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize staff to advertise a public hearing to consider an ordinance to limit cast net fishing within residential manmade salt water canals. The Board reached consensus to approve advertisement of a public hearing to consider an ordinance to limit cast net fishing within residential manmade salt water canals.

AGREEMENT WITH OUTLAW, RICE, SOYKA & SWEENY, INC., RE: ENGINEERING SERVICES FOR CROTON ROAD WIDENING PROJECT

Commissioner Higgs expressed concern that there is no mechanism for paying for the road improvement once the County has spent $190,000 for the engineering; and requested the Board have a plan for major road projects outlining priorities and a systematic approach for the next ten years. She advised she would rather table this item until the Board identifies how it is going to pay for the project and direct staff to set up an opportunity for the Board to prioritize all major projects for the next ten-year window.

Chairman Cook inquired how far will this push back the projects; with Commissioner Higgs responding if staff can come back at the next meeting and advise how it is going to pay for the Croton Road project, it can go ahead.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table consideration of Professional Service Agreement with Outlaw, Rice, Soyka & Sweeny, Inc. to February 6, 1996. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, to direct staff to schedule a workshop within the next three months to discuss road priorities and planning for the next ten years.

Chairman Cook inquired how are the projects paid for; with Public Works Director Henry Minneboo responding the Croton Road project is an impact fee project; there is money for engineering; but there is no money for implementation because it will take two years to design and complete the project. Chairman Cook inquired if it would come out of District 4 impact fees; with Mr. Minneboo responding yes. Commissioner Ellis advised that is Transportation District 4, not Commission District 4. Chairman Cook stated the County needs to proceed with the project, but he has no problem waiting two weeks. Commissioner Higgs reiterated her concern about paying for the project; with Chairman Cook advising the Board will come up with funding as it is a safety consideration.

Discussion ensued on a date for the workshop, the necessity to plan for future road projects, the possibility of doing one road project per year beginning in 2001, the dangers in locking in road projects, and whether the City of Melbourne will be a participant in road projects. Commissioner Ellis suggested the Board get input from the cities on priorities; with Commissioner O?Brien suggesting the Board not hold the workshop if it does not have input. County Manager Tom Jenkins suggested a workshop in three months to allow time to have dialogue with the cities and develop ideas. The Board reached consensus to direct staff to schedule a workshop in April, 1996 to discuss road priorities and planning, with the cities requested to provide input.

PERMISSION TO NEGOTIATE AND PURCHASE, RE: RIGHT-OF-WAY FOR CONSTRUCTION AND PAVING OF EAST RAILROAD AVENUE IN CANAVERAL GROVES

Commissioner Higgs stated the Agenda Report indicates funds are available for the project from County Transportation Trust Fund, and that it is possible to come through the District 1 MSTU; and she has no problem with the project, but would like to see it approved contingent upon the District 1 MSTU Transportation Committee?s approval of the funding.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to negotiate and purchase Florida East Coast Railroad property located in Canaveral Groves to provide the right-of-way needed for paving of the north 1,400 feet of East Railroad Avenue, contingent upon approval of the District 1 MSTU Transportation Committee.

Commissioner Ellis inquired about the possibility of the Committee saying no; with Commissioner Scarborough advising the group has been polled, and is in favor of it. Public Works Director Henry Minneboo advised on February 3, 1996, they are going to go on the trip, and on February 7, 1996, they will be voting. Commissioner Scarborough inquired can the grant be held until February 7; with Mr. Minneboo responding affirmatively.

Commissioner Higgs restated the motion. Motion carried and ordered unanimously.

APPROVAL OF DONATION, RE: TWO MODULAR BUILDINGS TO BREVARD COMMUNITY COLLEGE

Commissioner Ellis stated he does not know what the buildings are worth. Facilities Management Director Hugh Muller stated new modular buildings run from $25 to $40 a square foot; the industry says they can be purchased used at $15 a square foot; and the cost depends on how the building is outfitted, etc. Commissioner Ellis inquired if there is any other use for the $100,000 worth of buildings.

Commissioner Higgs stated the Board should have a variety of uses for the buildings to consider; and it would be best for the Board to assess all the people who have needs before assigning the building out. Commissioner Ellis emphasized the County needs to make sure it is not going to have need for the space in the future. Commissioner Scarborough noted the buildings have a life of 20 years and are already 8 years old; they will have to be moved; and outlined the problems if the Board does not dispose of the buildings.

Commissioner Higgs suggested advertising to see who is looking for space; with County Manager Tom Jenkins advising staff will take care of it.

Commissioner Ellis suggested swapping the buildings to BCC for broadcast assistance. Chairman Cook noted that may be the best use of the buildings. Commissioner Scarborough stated the Board has a right to look at other uses, but should do so expeditiously. Chairman Cook stated he would like it to be done within 60 days. Commissioner Ellis stated BCC can give a contract as to how long it can provide broadcast assistance. Chairman Cook indicated willingness to enter into a contract with BCC. Commissioner Ellis stated he would like to see a barter of services for services; the County is giving up a building; and BCC should put four or five years of services on the table.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of donation of modular buildings to Brevard Community College to allow staff to come back to the Board within 760 days with other options, including assurance the County does not need the buildings, possibility of putting the buildings out for proposals from other entities, and the possibility of bartering the buildings for broadcast assistance from BCC to the County. Motion carried and ordered unanimously.

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

Commissioner O?Brien stated this is a request for permission to advertise a public hearing to consider vacating portions of a public utility easement and right-of-way; and while he has no problem with the easement, the Board should not do this for any rights-of-way. He advised the applicant has been cited by Code Enforcement quite a few times; all of the structures were built without building permits; and this is not the right thing to do.

Assistant Public Works Director Ron Jones stated staff advised Mr. Egendoerfer that it would not recommend vacation of the right-of-way, but would, upon getting no comment back on the easements, probably not have a problem with that; and Mr. Egendoerfer specifically requested the item be put before the Board for advertisement.

Commissioner O?Brien stated there have been no other vacatings in this area at all. Mr. Jones advised the easements are along the rear of the property; there is a concrete patio that is currently utilized as a driveway and no driveway permit was pulled; it poses a health and safety hazard with respect to entrance; and staff would also be seeking that Mr. Egendoerfer remove that entrance or at least fence it off so it cannot be utilized in that capacity.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to grant permission to proceed with advertising to vacate portions of public utility easements in Vetter Isles Estates as requested by Arthur Egendoerfer. Commissioner Scarborough stated the property is still in non-compliance; a fine of $6,200 has accrued as of January 17, 1996; and a Code Board lien has been filed against the property. He inquired if the Board has the discretion to not proceed with the vacating until the outstanding lien is taken care of; with Mr. Jones responding affirmatively. Commissioner Scarborough advised he will vote against the motion.

Commissioner O?Brien withdrew the motion. Chairman Cook withdrew his second.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to proceed with advertising to vacate portions of public utilities easements in Vetter Isles Estates as requested by Arthur Egendoerfer upon payment in full by Mr. Egendoerfer of the Code Compliance fine.

Commissioner Ellis inquired about the fine; with Mr. Jones advising the fine is specifically associated with Code violations from construction within the easements and right-of-way. Commissioner Ellis stated since the fine comes from building in the easement, there are only two ways to correct that which is to break down the structure, or get the easement vacated; and Mr. Egendoerfer is here to vacate the easement so he does not have to break down the structure. Commissioner O?Brien advised the fines are because the structure was not built to Code. Discussion ensued on the Code violations. Public Works Director Henry Minneboo advised Jacaranda Street parallels Banana River Drive and this home is between Jacaranda and North Banana River Drive, which is one of the safety concerns as well. Commissioner Ellis stated the safety concern is the driveway going onto Banana River Drive.

Chairman Cook inquired if the motion is appropriate; with County Attorney Scott Knox responding affirmatively. Motion carried and ordered unanimously.

PERMISSION TO ISSUE OPEN PURCHASE ORDERS EXCEEDING $25,000 TO VENDORS OF RECORD AND INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS, RE: FY 1996 MATERIALS, SERVICES AND ORIGINAL EQUIPMENT MANUFACTURERS REPAIR PARTS

Commissioner Higgs expressed concern with the fleet purchases from Lane Pontiac and Buick; and advised she would like the item approved with the contingency that quote procedures be followed and documented to get the most efficient prices; with Chairman Cook concurring. Commissioner O?Brien suggested the County buy Humvees.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve the List of Vendors of Record and issuance of purchase orders that may exceed $25,000 annually for FY 1996 to such vendors for materials, services, and original equipment manufacturers repair parts, contingent upon quote procedures being followed and documented.

Chairman Cook directed the Public Works Director to look into the purchase of Humvees and report to the Board in 60 days.

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

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Chairman Cook inquired if the salary increases under Library Services are in line with Board policies; with County Manager Tom Jenkins responding affirmatively. Chairman Cook inquired about the raises coming from cost cutting; with Assistant County Manager Joan Madden advising the salary reserve was included in the budget, and there was a rollback in the Library millage. Mr. Jenkins emphasized with all the expansion, Library Services still came in with a lower budget.

Chairman Cook stated on page 106 and 107, there is a $4,000 bill, $2,000 a day for a forensic pathologist; there is very little documentation or backup; and he does not understand why it was necessary to go to Michigan for a doctor. He requested additional backup.

Commissioner Higgs inquired if approval of the Bills and Budget Transfers includes the note from Finance Director Steve Burdett; with Chairman Cook advising it should be brought back as a separate motion, and should have been placed on the Agenda rather than included with the Bills and Budget Transfers. He requested Mr. Burdett?s memorandum be placed on the Agenda for the next meeting.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Bills and Budget Transfers, minus pages 106, 107 and 6A. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 8:36 p.m.

ATTEST:

SANDY CRAWFORD, CLERK

( S E A L )

MARK COOK, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA