The Board of County Commissioners of Brevard County, Florida, met in regular session on February 7, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and Assistant County Attorney Lisa Troner. Absent was: County Attorney Scott Knox.

The Invocation was given by Reverend John Davis, Harbor City Christian Church, Aurora Road, Melbourne.

Chairman. Higgs led the assembly in the Pledge of Allegiance.

REPORT, RE: PORT CANAVERAL

Commissioner O'Brien requested the Board send a letter to the Legislators advising if the Port wishes to change its charter, it should be changed so it can no longer tax the public.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to authorize sending a letter to the Legislature requesting the taxing authority of the Port be removed if the charter is changed.

Chairman Higgs advised this should be placed on the Agenda.

Commissioner O'Brien advised of time constraints. Commissioner Ellis suggested the issue be placed on the February 14, 1995 Agenda. Chairman Higgs agreed. Commissioner O'Brien advised of the need to move quickly. Commissioner Scarborough advised he needs additional time and would appreciate Board discussion.

Commissioner O'Brien withdrew the motion.

APPOINTMENTS, RE: COUNTRY ACRES ADVISORY BOARD AND EEO/MINORITY TASK FORCE

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to appoint Melissa Thorn, 667 Oak Ridge Drive, Indialantic, to the Country Acres Advisory Board, replacing Myrtle Statham and Cherie Thompson, 2525 S. Forrest Drive, Melbourne, to the Equal Employment Opportunity/Minority Task Force. Motion carried and ordered unanimously.

DISCUSSION, RE: FP&L EASEMENT IN CITY OF ROCKLEDGE

Commissioner Cook advised he was contacted by the City of Rockledge; and outlined his concerns. Assistant County Attorney Lisa Troner summarized the actions taken by the County Attorney's Office; and stated background information can be provided. Commissioner Cook expressed interest in receiving the information; and advised he does not want to send the message that the Board changed its position.

Chairman Higgs inquired if the Board wishes this to come back on the Agenda; with Commissioner Cook responding affirmatively. Ms. Troner responded the County Attorney will provide the background information and advise of the County's position. Chairman Higgs requested this be placed on the agenda at the February 14, 1995 meeting.

Commissioner Ellis noted the Board needs to address its responsibility to FP&L under the Franchise Fee Agreement and discuss what grounds it has.

REPORT, RE: NEGOTIATIONS WITH ORLANDO UTILITIES

Chairman Higgs advised she met with the Orlando Utilities Chairman and its Chief Executive Officer who indicated a willingness to work with the Board; and she will report to the Board again within a month on ways OUC may help the County financially and in terms of facilities.

Commissioner Ellis inquired if it would be similar to PILT; with Chairman Higgs responding OUC is interested in being a responsible citizen.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize Chairman Higgs to continue to negotiate on the County's behalf with the Chairman of the Board and the Chief Executive Officer of Orlando Utilities. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DR. DAVID SAWYER, SUPERINTENDENT, SCHOOL BOARD OF BREVARD COUNTY, RE: PURSUIT OF $350 MILLION BOND REFERENDUM FOR MAY, 1995

David Sawyer, Superintendent, School Board of Brevard County, advised of the intent to appear before each municipality to bring information concerning the capital improvement plan for Brevard County schools and the appointment of liaisons to each municipality to foster communication. He advised of the process for preparation of the capital improvement plan and the contents of the plan. He outlined the plan budget and the protections which have been built into the budget; and advised of specific reserves which have been included. He explained the financing needs, funding sources, and referendum language. He expressed the belief the program would address the continuing need of the School District as well as addressing the need for additional capacity. He described the project schedule, and summarized investments made by the School District. Dr. Sawyer submitted a copy of the plan.

Commissioner Cook advised of individuals wishing to speak. Chairman Higgs explained Board policy regarding speakers during Personal Appearances. Discussion ensued on the policy. Chairman Higgs delineated actions the Board may consider. Commissioner Cook suggested placing the item on the February 14, 1995 Agenda. Dr. Sawyer requested any debate on this issue take place at a meeting not in conflict with the School Board meeting. The Board discussed a suitable date for the discussion; and consensus was reached to place the item on the February 21, 1995 Agenda.

Commissioner Ellis inquired about the process for giving the ballot language to the Supervisor of Elections; with Ms. Troner explaining the process. Commissioner Ellis expressed concern about the ballot language. Dr. Sawyer advised the School District's Bond Counsel wrote the language, but can readdress it.

Commissioner O'Brien expressed concern about the spending plan versus how the money was spent in the past; and advised the millage will cost him $625 a year for 26 years. Dr. Sawyer stated it is a new day; and requested everyone look to the future rather than the past. Commissioner O'Brien inquired if anyone has defined what the mortgage rate would be; and described the pay-as-you-go plan followed by the State of New York. He stated the County generates $126 million in taxes for the School Board; and if one mill was added for eight years, it would be done. Dr. Sawyer advised of the initial investment needed; defended the investment plan; and questioned Commissioner O'Brien's figures. Commissioner O'Brien advised the figures are the School Board's. Dr. Sawyer outlined the uses of the funds for capital projects and ongoing maintenance.

Commissioner Cook reiterated his request to hear the speakers. Discussion ensued on whether to allow the speakers to address the Board or to wait until February 21, 1995. Commissioner Ellis reiterated the Board policy regarding speakers under Personal Appearances; and suggested anyone wishing to speak my do so under Public Comments.

Commissioner Ellis inquired if the School Board addressed the issue of unfunded mandates with Department of Education requirements. Dr. Sawyer responded the School Board has discussed that, but no solutions have been reached; and advised of federal and state requirements.

Commissioner Scarborough noted concern has been expressed by callers to his office that there are no inspections of schools by the County. He noted the County must have buildings inspected if it builds in a municipality; the School Board is exempt; and concerns have been expressed regarding specific projects.

Dr. Sawyer reiterated it is a new day; and the campaign for the bond referendum will include information on those issues.

Chairman Higgs advised of the Board's interest in schools and what happens to children; noted there is interest throughout the community; and there will be discussion on February 21, 1995.

PERSONAL APPEARANCE - J. P. MCMENAMY, EAST COAST DISPOSAL, RE: ROLL-OFF SERVICE FOR CONSTRUCTION/DEMOLITION MATERIAL

J. P. McMenamy, P. O. Box 560251, Rockledge, General Manager of East Coast Disposal which is a Division of East Coast Paper Stock Inc. Recycling Center, requested a public hearing to consider a Franchise Agreement with the County to handle roll-off containers at construction sites. He explained the roll-off container system; and submitted photographs of his trucks. He described the County's current policy for roll-off containers; and advised of the exclusive contracts with Harris Sanitation and Western Waste for collection of solid waste on improved real property, and the provision that solid waste generated on unimproved real properties shall be non-exclusive. He described the three types of solid waste and the division of the County into two divisions, with Western Waste having exclusive rights to service residential and commercial customers in the north area and Harris Sanitation in the south. He reiterated roll-off service at construction sites is non-exclusive; and described the arguments given in the past. He described the status of roll-off services in the municipalities. He requested a fair chance at competition; advised he will send copies of letters from area contractors and home builders asking for the service to be opened to other companies. He reiterated his request.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize a public hearing to be held on Mr. McMenamy's application to provide roll-off service for construction and demolition materials.

Commissioner O'Brien expressed support. Commissioner Ellis suggested holding the public hearing at the first meeting in March; with Mr. McMenamy advising he will be unavailable at that time. Commissioner O'Brien suggested the first meeting in April; with Commissioner Cook responding that date will be included in the motion.

Discussion ensued on whether the motion would be to hold a public hearing or discuss the item for a possible public hearing. Ms. Troner advised of the options. Commissioner Scarborough noted the issue has been discussed before; and holding the meeting in April will give staff time to brief the Commissioners. Mr. McMenamy described his previous experience with the Board. Commissioner Scarborough advised of time constraints at meetings; and suggested Mr. McMenamy visit with each Commissioner. Chairman Higgs expressed concerns about holding a public hearing for just one company. Commissioner Cook noted other companies may request public hearings. Chairman Higgs suggested putting this out for bid. Discussion resumed on whether to hold a public hearing. Ms. Troner advised Mr. McMenamy is making application for a public hearing on a specific agreement for him which is non-exclusive; and any other interested entity may make a similar application. Discussion resumed on the issue of holding a public hearing for one person versus a public hearing for anyone wishing to provide the service. Chairman Higgs suggested placing this on the Agenda for February 21, 1995 for the purpose of discussing the issue of the competition so the Board will be clear that it is allowing all entities to fairly come before the Board in April. Commissioner Cook delineated the provisions of the Ordinance. Commissioner Ellis suggested repealing the Ordinance and not having the County involved in the process. Consensus was reached to place the issue on the February 21, 1995 Agenda for discussion, with the motion remaining to allow Mr. McMenamy to have a public hearing in April, 1995.

Chairman Higgs inquired about advertising; with Ms. Troner responding there would be plenty of time to advertise for April. Solid Waste Management Director Richard Rabon advised it is 20-days notice. Chairman Higgs 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 - BEA POLK, RE: NORTH BREVARD HOSPITAL BOARD

Bea Polk, 101 River Park Boulevard, Titusville, requested advice on the County hospital in North Brevard which was paid for by the taxpayers. She displayed a copy of an advertisement for a meeting of the North Brevard Hospital Board; and stated it was in the paper the day of the meeting, and will also be advertised after the meeting. She described the meeting which was held on January 26, 1995. She requested a legal opinion on whether or not money made by taxpayers money is taxpayers' revenue money, whether the advertisement was legal, and whether a County hospital can do business with a private hospital. She inquired about the Hospital District boundaries. She described the actions leading to dropping the millage. She requested a hearing to consider whether money would go to the District in which it was collected if the hospital is sold. She stated the Hospital District is using the excuse of needing a facility in Port St. John to allow it to do business with other hospitals; and requested help for the people of North Brevard. She stated a meeting is going to be held after it is approved; and if something goes wrong, she is told, they can change it; but she has not been notified of any meeting.

Commissioner O'Brien inquired if the hospital is sold, would the money stay in the District 1 fund; with Ms. Polk responding it is the North Brevard Hospital District, not District 1. Commissioner O'Brien inquired if the hospital is for sale; with Ms. Polk responding the taxpayers want to sell it if they do not have any authority, but she would like to know if the money would go back to the District in which it was collected. Commissioner O'Brien inquired about the hospital and the actions being taken; and stated he agrees with Ms. Polk that the public needs input.

Commissioner Scarborough advised Assistant County Manager for Community Services Joan Madden went to the same meeting of the Legislative Delegation which Ms. Polk attended; and the Delegation promised there would be public hearings. He outlined recent actions relating to the issue. He noted he sent the proposed bill to the County Attorney to ask if there is some feasibility for a merger of a public hospital and a private hospital; however Mr. Knox is not present today. He stated Ms. Polk's suggestion is to sell the hospital; and there have been other suggestions relating to a merger. He stated the Legislative Delegation has jurisdiction; and suggested Chairman Higgs write a letter to Delegation Chairman Futch expressing appreciation for the full public hearing prior to action being taken. Discussion ensued on the authority of the Board to hold a public hearing.

Ms. Polk requested answers to her questions. Commissioner O'Brien inquired if Ms. Polk is saying someone broke the law; with Ms. Polk responding she does not know. Commissioner O'Brien stated the Board should direct staff to provide some legal opinions for Ms. Polk on whether the law has been broken or the public excluded from a decision. Chairman Higgs stated she will forward the questions to the County Attorney if Ms. Polk will submit them.

Commissioner Ellis stated the issue is transferring a County asset to a private entity. Chairman Higgs inquired if the merger is under contract. Commissioner Ellis stated the joint venture says to amend the enabling legislation to allow the hospital to do business outside the legally defined area provided no tax revenues are used; but tax revenues were used to create the hospital and put the money in the bank; and compared it to the issue of selling the Port. He noted the merger is not necessarily a bad thing; however the public hospital would have to be sold to become private, and the money would be used for property tax relief in the North Brevard Hospital District.

Chairman Higgs stated Ms. Polk will furnish her with the questions; and the County Attorney will provide answers.

PERSONAL APPEARANCE - JOHN ATTA, RE: ISSUANCE OF CODE CITATION

John Atta, 1213 Apache Drive, Barefoot Bay, outlined the events leading to his Code Enforcement citation; and advised of the unfairness of being fined $250 for having certain wording on his business card. He expressed dissatisfaction in the way staff pursued the violation which was entrapment. Mr. Atta advised he paid the fine; he later decided it was not fair; and requested reimbursement of the $250. He noted he was advised there were unscrupulous builders in Barefoot Bay after the tornado; but he lives in the neighborhood.

Commissioner Cook inquired what Ordinance is the citation being issued under; with Contractor Licensing and Regulation Supervisor Chet Bush responding the Unlicensed Contractor License Ordinance is Section 22 of the Brevard County Code of Ordinances; it was adopted in March, 1993; and Code Enforcement started enforcing it January, 1994. Commissioner Cook inquired what is the difference between repairing vinyl siding and aluminum if nothing structural is done. Mr. Bush responded the Ordinance does not address vinyl siding, soffit or facia; certification as a Specialty Structural Contractor is not needed to do that type of work; but if someone is going to contract or advertise to build enclosures, then the certification is necessary; and when the Code Enforcement Officer called, he was informed Mr. Atta could build an enclosure for him. Mr. Atta stated his wife explained he could not do that. Commissioner Cook inquired if the officer spoke to Mr. Atta; with Mr. Bush responding he spoke to Mrs. Atta. Commissioner Cook stated he does not see how a citation can be issued based on second-hand information.

Chairman Higgs inquired if the call was placed to the number on the card; with Mr. Bush responding affirmatively.

Commissioner Ellis inquired if a complaint had been received against Mr. Atta's company; with Mr. Bush responding the call was an anonymous call inquiring about the certification of people who had posted business cards on the bulletin board at the Community Center.

Chairman Higgs inquired if the Board has any legal grounds on which to take action for Mr. Atta. Assistant County Attorney Lisa Troner outlined the options. Chairman Higgs inquired if any Code Enforcement action could be appealed to the Board for reimbursement; with Ms. Troner responding this is not an appeal because it has been paid. Chairman Higgs noted everybody could come to the Board. Commissioner Ellis stated the Board needs to be aware of instances like this. Mr. Bush explained the procedure when someone is issued a citation; and noted Mr. Atta was advised many times he could have a hearing before the Special Master.

Commissioner Cook expressed his concerns about the citation powers of Code Enforcement and Mr. Atta's situation. Discussion ensued on the verbiage on Mr. Atta's business card. Commissioner O'Brien suggested the Board request a rehearing of Mr. Atta's case. Commissioner Scarborough stated since Mr. Atta is present, he is more inclined to dispose of the issue. Commissioner O'Brien warned the Board would then become the Code Enforcement Board. Commissioner Scarborough noted there is the question of whether Mrs. Atta was Mr. Atta's agent.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to authorize reimbursement of $250 to Mr. Atta.

Chairman Higgs inquired if Mrs. Atta works for the company; with Mr. Atta responding no.

Commissioner O'Brien noted the Board has not heard both sides. Commissioner Cook agreed with Commissioner Scarborough that the Board should dispose of the matter. Chairman Higgs inquired if the Board can request a rehearing; with Ms. Troner responding there may be an ability for the Board to waive the 30-day requirement in which Mr. Atta was supposed to solicit the hearing by the Special Master. County Manager Tom Jenkins outlined the Board's options; and suggested the Board may want to consider an Ordinance change to clarify work that can be considered handyman work and the guidelines in terms of application of the Ordinance.

Chairman Higgs stated she is not going to support the motion although she would support a motion to explore ways to have the issue reheard by the Special Master or Code Enforcement Board; and this sets a dangerous precedent.

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

Chairman Higgs inquired what fund should the reimbursement come from; with Commissioner Ellis responding the same fund the money went to. Mr. Jenkins stated he will request that.

PERMISSION TO BID AND AWARD TO LOW BIDDER, RE: PURCHASE OF GIS SERVER EQUIPMENT

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to bid purchase of a SUN 1000 UNIX server as the platform for the main GIS server, and award to lowest responsible bidder. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: ADJUSTING GRANT REVENUES/EXPENSES FOR WEATHERIZATION ASSISTANCE AND LOW INCOME HOME ENERGY ASSISTANCE PROGRAMS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve Budget Change Request adjusting grant revenues/expenses for Weatherization Assistance and Low Income Home Energy Assistance Programs. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: USE OF HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to advertise a public hearing to be held no later than mid-March for comment on the use of HOME Investment Partnership Program funds. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 1994B

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to advertise a public hearing on February 14, 1995 to consider the second cycle of amendments to the Comprehensive Plan for 1994B. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ADOPTION OF SECOND SMALL SCALE COMPREHENSIVE PLAN AMENDMENT OF 1995, 95S.2

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to advertise a public hearing on February 27, 1995 to consider adoption of the Second Small Scale Comprehensive Plan Amendment of 1995, 95.S.2. Motion carried and ordered unanimously.

ACKNOWLEDGE ORDINANCE FROM CITY OF TITUSVILLE, RE: VOLUNTARY ANNEXATION OF CERTAIN REAL PROPERTIES

Motion by Commissioner Ellis, seconded by Commissioner Cook, to acknowledge Ordinance from City of Titusville for voluntary annexation of twenty-eight (28) parcels contained within the City's 1994 Comprehensive Plan Amendment package. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITY EASEMENTS IN PINEY WOOD SUBDIVISION - BARBARA C. CLYBURN

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution setting public hearing on March 7, 1995 to consider vacating public utility easements in Piney Wood Subdivision as petitioned by Barbara C. Clyburn. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING ROAD RIGHT-OF-WAY AND PORTION OF ALLEYWAY IN REPLAT OF HOPEWELL FARMS & MERRITT PARK NO. 2 - FREDERICK B. SPIEGEL

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution setting public hearing on March 7, 1995 to consider vacating road right-of-way and portion of alleyway in Replat of Hopewell Farms and Merritt Park No. 2 as petitioned by Frederick B. Spiegel. Motion carried and ordered unanimously.

DEEDS, RESOLUTIONS AND EASEMENT TO FLORIDA DEPARTMENT OF TRANSPORTATION, RE: CONSTRUCTION OF PORT ST. JOHN INTERCHANGE

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolutions, and execute Deeds and Easements for the construction of the Port St. John I-95 Interchange. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING WALTER W. HOLSINGER

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution commending Walter W. Holsinger for service of 20 years to Brevard County. Motion carried and ordered unanimously.

CHANGE ORDER NO. 6 TO AGREEMENT WITH GERAGHTY AND MILLER, INC., RE: CONSULTANT SERVICES FOR OLD MOSQUITO CONTROL COMPLEXES AT MERRITT ISLAND AND MELBOURNE AIRPORTS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve Change Order No. 6 to Agreement with Geraghty and Miller, Inc. for consultant services to meet the requirements of the Florida Department of Environmental Protection Consent Order, which requires clean up of the old Mosquito Control complexes at the Merritt Island and Melbourne Airports. Motion carried and ordered unanimously.

RESCIND FINAL PLAT APPROVAL GRANTED DECEMBER 13, 1994 AND GRANT FINAL PLAT APPROVAL FOR AMENDED PLAT, RE: SUNTREE NORTH, PHASE III, DEVONS GLEN

Motion by Commissioner Ellis, seconded by Commissioner Cook, to rescind final plat approval granted on December 13, 1994 for Suntree North, Phase III, Devons Glen, and grant final plat approval for the amended plat, subject to minor changes if necessary and receipt of all necessary documents required for recording. Motion carried and ordered unanimously.

REQUEST FOR ONE-YEAR EXTENSION, RE: CONSTRUCTION PERMIT FOR CYPRESS CREEK SUBDIVISION

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant a one-year extension of construction permit for Cypress Creek Subdivision. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, BUDGET CHANGE REQUEST AND DESIGNATION OF AUTHORIZED REPRESENTATIVE, RE: WEATHERIZATION/LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Agreement with Florida Department of Community Affairs; approve Budget Change Request; and designate Growth Management Director Gary Ridenour as the authorized representative of the County for the purpose of signing, making changes and executing necessary Weatherization/Low Income Home Energy Assistance Program documents. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, BUDGET CHANGE REQUEST AND DESIGNATION OF AUTHORIZED REPRESENTATIVE, RE: LOW INCOME EMERGENCY HOME REPAIR PROGRAM

Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Agreement with the Florida Department of Community Affairs; approve Budget Change Request; and designate Growth Management Director Gary Ridenour as the authorized representative of the County for the purpose of signing, making changes and executing necessary Low Income Home Repair Program documents. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: FY 1996 CDBG GRANT APPLICATION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to advertise a public hearing at 7:00 p.m. on February 15, 1995 to consider the 1996 Community Development Block Grant application to the U.S. Department of Housing and Urban Development. Motion carried and ordered unanimously.

AGREEMENT WITH INDIALANTIC YOUTH SOCCER LEAGUE, RE: SOCCER LEAGUE PLAY FOR YOUTH AT HOOVER COMMUNITY SCHOOL

Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Agreement with the Indialantic Youth Soccer League for provision of organized and supervised soccer league play for youth at Hoover Community School in Indialantic from January 24, 1995 through January 23, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH MERRITT ISLAND BIDDY BASKETBALL LEAGUE, RE: YOUTH BASKETBALL AT KIWANIS ISLAND AND WOODY SIMPSON PARKS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Agreement with Merritt Island Biddy Basketball League for provision of instructional and organized youth basketball for children at Kiwanis Island and Woody Simpson Parks from February 7, 1995 through February 6, 1996. Motion carried and ordered unanimously.

CONTRACTS WITH HOUSING AUTHORITIES OF CITIES OF TITUSVILLE AND COCOA, AND HIRING OF STAFF, RE: HOUSING AND URBAN DEVELOPMENT DRUG ELIMINATION PROGRAM GRANT

Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Agreements with the Housing Authorities of the Cities of Cocoa and Titusville for a Housing and Urban Development Drug Elimination Program Grant; and authorized hiring of staff to facilitate the grant activities. Motion carried and ordered unanimously.

NAMING OF FOOTBALL FIELD IN FAY BOULEVARD PARK, RE: JOYCE K. EWERS MEMORIAL FIELD

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve naming the football field in Fay Boulevard Park in Port St. John the Joyce K. Ewers Memorial Field. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD TO LOW BIDDER AND EXECUTE CONTRACT, RE: JOE LEE SMITH POOL RESURFACING PROJECT

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to solicit bids for the Joe Lee Smith Pool Resurfacing Project, and award to lowest bidder; and authorized execution of the Contract for the project by the Chairman. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGES REGULATIONS, RE: 29TH ANNUAL GRANT SEAFOOD FESTIVAL

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant waiver of provisions of Article IV, Festivals, to allow musical entertainment and Article V, Section 18-104 (2) to allow sale/possession/donation of alcoholic beverages for the 29th Annual Grant Seafood Festival on February 18 and 19,1995, subject to security, traffic control, clean up and general comprehensive liability insurance with liquor liability being provided by the organizers as well as all state and local permits. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD, RE: PURCHASE OF PUMPER TANKER VEHICLE

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to solicit bids for purchase of a pumper tank for the Public Safety Department; and authorized award to lowest bidder. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH THE ZIMMERMAN AGENCY, RE: INCREASE PRODUCTION AND OUT-OF-POCKET EXPENSES AND ALLOW OTHER REIMBURSABLE EXPENSES

Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Amendment to Agreement with The Zimmerman Agency as the TDC public relations agency to increase production and out-of-pocket expenses and to allow for other reimbursable expenses. Motion carried and ordered unanimously.

EXTEND STAFF REPORT DATE, RE: OPTIONS TO ELIMINATE CHAMBERS OF COMMERCE GRANT ALLOCATION

Motion by Commissioner Ellis, seconded by Commissioner Cook, to extend the staff recommendation report date on options to eliminate the Chambers of Commerce grant allocation from February 21, 1995 to the April 4, 1995 Board meeting. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH RKT CONSTRUCTION, INC., RE: SOUTH CENTRAL NEAR TERM REUSE SYSTEM, CONTRACT 1, STORAGE TANKS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve Change Order No. 1 to Agreement with RKT Construction, Inc. for the South Central Near Term Reuse System, Contract 1, Storage Tanks, decreasing the contract amount by $14,069.84 for a new total of $753,930.16. Motion carried and ordered unanimously.

RELEASE/SATISFACTION OF LIEN, RE: EDWARD W. ROST, JR.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Release/Satisfaction of Lien on the Edward W. Rost, Jr. property at 3751 Huntington Lane in Scottsmoor. Motion carried and ordered unanimously.

JOINDER IN SATISFACTION OF MORTGAGE WITH BARNETT BANKS TRUST COMPANY, N.A., RE: $7,000,000 BREVARD COUNTY INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1983 (ASTROTECH INTERNATIONAL CORPORATION PROJECT)

Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Joinder in Satisfaction of Mortgage with Barnett Banks Trust Company, N.A. for $7,000,000 Brevard County Industrial Development Revenue Bonds, Series 1983 (Astrotech International Corporation Project). Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH STOTTLER STAGG CORRECTIONS GROUP, INC., RE: MINIMUM SECURITY FACILITY EXPANSION IN SHARPES Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Amendment to Agreement with Stottler Stagg Corrections Group, Inc. for work associated with the interior additions to the Minimum Security Facility Expansion at $27,400. Motion carried and ordered unanimously.

APPROVE NEGOTIATING COMMITTEE RECOMMENDATION AND EXECUTE AGREEMENT WITH EDUCATED DESIGN OF FLORIDA, INC., RE: ARCHITECTURAL AND ENGINEERING SERVICES FOR MEADOWLANE COMMUNITY LIBRARY

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve the Negotiating Committee recommendation and execute Agreement with Educated Design of Florida, Inc. for architectural and engineering services for Meadowlane Community Library at $82,000, including surveying and geotechnical services as a reimbursable expense. Motion carried and ordered unanimously.

AWARD OF BID #B-1-5-17 AND AGREEMENT, RE: STATHAM PARK RENOVATIONS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to award Bid #B-1-5-17, Statham Park Renovations, to Priority One Construction at $97,892; and authorize the Chairman to execute Agreement with Priority One Construction for the project. Motion carried and ordered unanimously.

AWARD OF BID #B-1-5-18 AND AGREEMENT, RE: RODES PARK MAINTENANCE BUILDING

Motion by Commissioner Ellis, seconded by Commissioner Cook, to award Bid #B-1-5-18, Rodes Park Maintenance Building, to Priority One Construction at $72,900; and authorize the Chairman to execute Agreement with Priority One Construction for the project. Motion carried and ordered unanimously.

REJECT BID #B-1-5-38 AND AUTHORIZE RE-BID UNDER REVISED SPECIFICATIONS, RE: SEMI-TRUCK TRACTORS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to reject the sole bid of Peterbilt of Central Florida at $358,328 for Bid #B-1-5-38, Four Semi-truck Tractors; and authorized rebid under revised specifications. Motion carried and ordered unanimously.

AWARD OF BID #B-1-5-47, RE: REUSE HAULER

Motion by Commissioner Ellis, seconded by Commissioner Cook, to award Bid #B-1-5-47, Reuse Hauler, to Ringhaver Equipment at $376,700. Motion carried and ordered unanimously.

ACCEPT WITHDRAWAL OF LOW BID AND AWARD TO SECOND LOW BID, RE: BID #B-1-5-49, DIESEL POWERED WHEEL FRONT LOADER Motion by Commissioner Ellis, seconded by Commissioner Cook, to accept withdrawal of low bid of Falcon Power, and award Bid #B-1-5-49, Diesel Powered Wheel Front Loader, to GSX, Inc. at $118,115. Motion carried and ordered unanimously.

APPROVE EXTENSION OF BID #B-5-4-33 AND RE-BID, RE: OFFICE SUPPLIES

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve seven-month extension of Bid #B-5-4-33 with an increase tied to the Consumer Price Index; and approve re-bid of office supplies in September, 1995, for a term of 24 months. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-5-07, RE: SECURITY SERVICES

Motion by Commissioner Ellis, seconded by Commissioner Cook, to award Proposal #P-1-5-07, Security Services to Weiser Security Services, Inc. at an estimated $198,186 for security services for the base year (18 months) and an estimated $126,654 for a second-year option (12 months), for a total estimated expenditure of $324,840.60 over a 30-month period. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-1-5-04 AND AGREEMENT, RE: JAMES NANCE PARK RENOVATIONS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to award Quote #Q-1-5-04, James Nance Park Renovations, to Aedile Contractors at $33,662; and authorize the Chairman to execute Agreement with Aedile Contractors for the project. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-5-5-46, RE: CANON TYPEWRITER MAINTENANCE

Motion by Commissioner Ellis, seconded by Commissioner Cook, to award Quote #5-5-46, Canon Typewriter Maintenance, to A-1 Etron, Inc. at $48.50/manhour per year, $30.00/hour for machines not on quote, 20% parts markup, and no charge for chemical cleaning for typewriter maintenance for an approximate yearly cost of $10,000. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: LOCAL AREA NETWORK SERVER

Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to purchase one Local Area Network server (MIC 8650-S) or equivalent and associated network support software using State of Florida Contract #250-040-93-1, November 7, 1994 update. Motion carried and ordered unanimously.

RESOLUTION OF NECESSITY, RE: CONDEMNATION OF LAND FOR CENTRAL DISPOSAL FACILITY

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution of Necessity to condemn all or a portion of 150 acres abutting the Central Disposal Facility for specified public purposes. Motion carried and ordered unanimously.

AUTHORIZE EXPENDITURES, RE: SPECIAL LAW ENFORCEMENT TRUST FUND

Motion by Commissioner Ellis, seconded by Commissioner Cook, to authorize expenditures in the amount of $11,857 from the Special Law Enforcement Trust Fund. Motion carried and ordered unanimously.

APPOINTMENTS, RE: SPACE COAST PRIVATE INDUSTRY COUNCIL

Motion by Commissioner Ellis, seconded by Commissioner Cook, to appoint Jody Hickson, 1018-B South Florida Avenue, Rockledge, and Leann Jones, 4450 West Eau Gallie Boulevard, Melbourne to the Space Coast Private Industry Council. Motion carried and ordered unanimously.

PUBLIC COMMENTS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve moving forward Section 8, Public Comments, with the understanding the purpose of the Public Comment Section is to hear items not on the regular Agenda, and with a three-minute time limit per speaker. Motion carried and ordered unanimously.

Beatrice Fowler, 100 West Fay Drive, Cocoa Beach, expressed concerns about the School Board budget and the transfer of capital funds to the operating budget. She stated the budget includes many non-essentials when it should be concerned with health and safety; and delineated priorities. She pointed out inflated costs; and noted the plan prioritizes schools to get votes for the bond issue while not attending to the most pressing needs. She described the School Districts bad track record; and stated the need for a bond issue is an admission of failure. She expressed concern that consultant reports which castigated the system have been ignored, and that Dr. Sawyer has added another layer of bureaucracy.

Helen Filkins, 360 Harbor Drive, Cape Canaveral, advised her friends are flabbergasted by the $350 million Dr. Sawyer is requesting; but with interest, the total is over $657 million over 24 years with $307 million in interest. She expressed support for the pay-as-you-go policy. She summarized reasons to withhold support of the bond issue. She requested everyone look at the figures; stated the School District has not been using the funds properly; and suggested a better way to pay for the needs of the School District.

Vista Boyland, 6222 Halyard Court, Cocoa, advised she was a member of the Capital Outlay Committee which was responsible for determining the amount of money; and her greatest complaint was that the District failed to adequately investigate the conditions within the school buildings, specially in terms of indoor air quality and environmental issues. She advised the State is going to address air quality and regulate it at some point over the next year; and the School District will have to comply which will be expensive. She advised of the problems of sick children who are currently homebound because they cannot attend these schools; and requested the Board address the environmental conditions in the schools first, and find funding for other issues later.

Chairman Higgs announced there will be a hearing on this issue on February 21, 1995.

The meeting recessed at 10:43 a.m. and reconvened at 11:00 a.m.

LEASE OF SPACE AT GIBSON COMMUNITY CENTER, RE: PREVENT OF BREVARD, INC.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to table consideration of Lease Agreement with Prevent of Brevard, Inc. for use of space at Gibson Community Center to February 21, 1995. Motion carried and ordered unanimously.

DISCUSSION, RE: MANATEE PROTECTION PLAN AD-HOC COMMITTEE

Natural Resources Management Director Lisa Barr advised of the reasons the County is doing the Manatee Protection Plan; and noted the County has the option of abiding by the One to One-hundred Rule which calls for one power boat slip for every one hundred feet of shoreline or producing a plan. She advised the County's Comprehensive Plan requires the County to establish a Manatee Protection Program; and the County entered into a Contract with the State of Florida, Department of Environmental Protection to hire a facilitator to produce the plan and work with the municipalities and the Port on the plan. She stated the County hired Sandra Clinger; and outlined Ms. Clinger's function in the County. She described the original Committee structure.

Environmental Specialist Sandra Clinger presented an overview of the information in the staff report detailing the Manatee Protection Plan process, the Committee structure and function, the Committee progress to date, and responses to issues raised by the public at the January 24, 1995 meeting; and advised the Commissioners have been provided with a copy of the draft Manatee Protection Plan. She outlined the information sources used to develop the draft; and stated the draft plan was intended to be distributed to the Committee for review and revision, and to act as a starting point for discussion. She stated to insure the draft plan was accurate, it was submitted to seven independent scientists recognized as experts in manatee ecology for review and comment. She stated because of the complexity of issues and the vast waterways in the County, the Committee discussed the issues in a zone by zone format, with seven planning zones; and decisions were made specific to each zone, leaving broad general decisions with Countywide implications until all zones have been reviewed. She noted all zone by zone decisions will also be re-evaluated once the County overview has been completed. She delineated issues the Committee is able to address site specifically as well as issues requiring a Countywide overview. She described the procedure for reviewing and evaluating the draft along with staff's recommendations; and the Committee determines the level of regulation and protection the citizens of the County are willing to support. She stated public comment is solicited prior to each Committee vote; and the public is invited to participate in writing or in person at each Committee meeting. She advised the Natural Resources Management Division maintains a list of interested parties who are notified of upcoming meetings. She stated the Committee has collected a vast amount of data; and outlined the data collected. She noted large GIS maps are displayed at every Committee meeting; and smaller maps and transparencies have been provided to each committee member. She advised of topics to be covered by guest speakers. Ms. Clinger advised the Committee has been meeting on a regular monthly basis since November, 1994 with a standing request for information to be mailed two weeks prior to the next meeting; and the Committee frequently directs staff to provide additional data. She advised staff is also requested to coordinate with other agencies to identify potential funding sources; and because of the volume of Committee requests, not all data can be provided to the Committee within the requested time period; but no data has ever been given to the Committee without a full staff presentation.

Commissioner Cook expressed concerns about the balance of the Committee and whether all opinions are given a fair and just hearing.

Louis Raciti, 325 Sabal Avenue, Merritt Island, President of Citizens for Florida Waterways, requested the Board's help to stop the regulations being put on the taxpayers and preserve the rights of the people. He expressed concern about regulations being placed on waterways in the back yards of residences; and advised manatee protection can be achieved without closing of water bodies. He expressed concern that a non-elected branch of government, the Department of Environmental Protection, has so much power to affect a County which recently voted on charter government so the citizens can be involved in the decisions made. He expressed concern about the lack of citizen representation on the Committee and the lack of opportunity for public comment. He requested the Board help the people keep their waterways and send a message that everyone will stick together to protect the manatee in a way that will allow enjoyment of the waterways safely and responsibly. He advised DEP should not be on the committee as a voting member.

Jeff Pira, 441 West King Street, Cocoa, Vice President of Citizens for Florida Waterways, stated he attended every one of the Committee meetings; and expressed his concerns regarding the Committee membership, its lack of understanding of the ramifications of its actions, and the suggestion of staff for water sport activity areas. He expressed concern about the sea grass and marina siting provisions being proposed; and advised he would be happier with the One to One-hundred Rule. He advised of difficulties in finding out what the criteria is.

Jim Valade, 6620 Southpoint Drive South Jacksonville, Biologist with the U.S. Fish and Wildlife Service, read a letter from Jerome Butler, Acting Regional Director of the U.S. Fish and Wildlife Service, outlining his concerns, and expressing support for the Department of Environmental Regulation and the Manatee Protection Ad Hoc Committee's efforts to develop a manatee protection plan.

Kenny Boyd, 1465 S. Lester Court, Merritt Island, stated there is a misconception about the One to One-hundred Rule; and there is no such rule. He outlined the problems in implementing the Rule; and requested the Board get clarification through the courts and legal staff. He stated he has been involved with this since the first meeting; and the value of recreational boating has been ignored. He noted there is nothing in the Florida Statutes which requires the County to have a plan; and expressed concerns about the membership of the Committee.

Commissioner Ellis requested the County Attorney research the One to One-hundred Rule.

Christine Ambrose, 2065 Shannon Avenue, Indialantic, advised the letter which Mr. Valade read conveys her opinion; and requested the Board continue its support of the Manatee Protection Plan.

Mike Selig 1410 Sykes Creek Drive, Merritt Island, stated he has been a Brevard County real estate broker for 22 years, and outlined his qualifications. He advised people move to the County to enjoy the quality of life which includes enjoyment of the waterways; and expressed concern about the message which will be sent by possible actions of the Board. He advised of problems with juvenile crime and the boredom of the young people; and provided a profile of the population living on Sykes Creek. He requested the Board do what is best for the constituents by having an all Brevard County Committee to develop a plan.

Margaret Hames, 667 Acacia Avenue, Melbourne Village, representing the Florida Audubon Society, urged the Board to support the Committee as presently constituted.

Patti Thompson, 500 North Maitland Avenue, Maitland, Staff Biologist for the Save the Manatee Club, advised this is a national issue as well as a Brevard County issue as manatees are a federally protected endangered species. She advised of a survey done which shows 91% of registered boaters in Florida support the speed limit for manatee protection; and expressed surprise that the Citizens for Florida Waterways are not addressing the number of human mortalities on waterways. She stated she has transcripts of the January 24, 1995 meeting; and refuted misinformation regarding the composition of the Committee. She outlined actions taken by the Committee; and advised of certain misinformation concerning those actions. She stated the Committee, Ms. Clinger and staff are doing an outstanding job; and she supports the current composition of the Committee.

Laura Ruhana, 3161 South Fulmer Circle, Tallahassee, representing the Florida Department of Environmental Protection, Office of Protected Species Management, read aloud a letter from Patrick Rose, who is the Environmental Administrator of the Office of Protected Species Management, supporting the Manatee Protection Plan process of the County. She stated DEP looks forward to an open committee process with public input; but emphasized the focus is on the manatee with an attempt to balance recreational boating needs at the same time. She noted this is a state and federal issue as well as a County issue; and there should be state and federal representation on the Committee.

George Lewis, 3200 North Atlantic Avenue, Cocoa Beach, President of the Cape Kennedy Board of Realtors, advised of ramifications concerning property rights; and stated a local citizen is more likely to protect property rights. He requested the Committee be composed of only Brevard County residents, evenly divided between both sides of the issue.

Jackie White, 6 Saint Johns Street, Titusville, expressed concern about the biodiversity and health of the Indian River and Banana River Lagoons; and advised she represents the ECO-meeting people on the Committee. She advised of the work done by Ms. Clinger and staff to address manatee protection while keeping 70% of the waterways open to fishermen and recreational boaters. She described an incident which took place in Turnbull Creek Basin involving a speedboat which destroyed sea grass beds. She requested the Board keep the Committee going as is.

Pat Poole, 805 East Palmetto Avenue, Melbourne, expressed disbelief that anyone wants to change the makeup of the Committee which is currently well balanced. She noted given the number of boaters on Sykes Creek, she does not see how there could not be a problem; she worked for a year on the boating survey; and the majority supported manatee protection. She described an incident which took place when she was seeking election. She stated she is embarrassed by the manatee death rate in the County; and advised of the many people who take part in the manatee walks in Melbourne. She expressed support for the Committee as is.

Ted Guy, 55 East Ocean Boulevard, Stuart, Attorney and President of the Marine Industries Association, stated he was asked to attend by the Brevard Marine Association. He stated staff is being misled by DEP; the One to One-hundred Rule does not exist; he was personally assured of that by Kirby Green, Deputy Director of DEP; and Commissioner Ellis's suggestion that legal staff should investigate is appropriate. He stated the expansion of facilities the Manatee Protection Plan is designed to control only applies to the two power plant areas in the County; and there is no authority to require a plan elsewhere in the County. He advised the Department may designate other waters by rule only for motorboat speed and operation; it specifically exempts facility siting; and manatee habitat such as sea grass beds may be protected. He advised of actions taken by DEP with regard to other counties' manatee protection plans, and of the action of Duval County to legally challenge. He questioned the results of the survey showing 91% favor speed limits; and advised the makeup of the Committee is not balanced.

Wes Hoaglund, 555 South Washington, Titusville, Planner with the City of Titusville and member of the Manatee Protection Plan Ad Hoc Committee, advised he is not pro or con manatees, and is trying to find a plan which will balance the uses of the waterways. He explained tasks the Committee was charged with accomplishing; and expressed concern the focus is on one issue. He provided information regarding sea grasses; and advised there is a "Chicken Little" mentality, and the County's waterways are replete with sea grasses, although areas to the south may be lacking in available forage. He questioned the use of habitat protection as a justification for slow speed zones; and provided statistics relating to the available habitat in the County in relation to the manatee population. He suggested issues the Committee should explore.

Vanessa Moore, Pompano Beach, Attorney representing Animal Rights Foundation of Florida, expressed concern that too often too little is done too late resulting in extinction of species; and advised membership on the Manatee Protection Committee is adequate and balanced. She noted DEP has become involved because of pressures placed upon it by Brevard County and Florida residents; the Committee is not required to be representative of any group; and because the results are not what certain small groups would like them to be is no reason to dissolve the Committee. She requested the Committee be left as is to do its job to protect the species and habitat. She stated there is give and take as to the issue of property rights; and reiterated her request for the Board to support the Committee and DEP's involvement.

Bob Atkins, 1290 Girard Boulevard, Merritt Island, expressed concern regarding the attendance of members of the Manatee Protection Plan Committee. He advised there are many ways to protect manatees; the citizens are bothered because all they have seen so far is boating regulations; and expressed concern that the Educational Committee has not met yet. He described his experiences as someone who lives on the waterfront in Merritt Island and spends time on the rivers. He outlined his concerns regarding the composition of the Committee. He suggested actions to be taken if the desire is to protect each specimen rather than saving the species; and advised there is no success criteria in the Plan.

Geri Cuthbert, 2361 Vermont Street, Melbourne, recommended keeping the membership of the Committee as it is, and protecting not only the manatees but the entire Indian River Lagoon from an overpopulation of marinas and boaters. She noted the Lagoon and other waterways do not belong to the people of Brevard County; they are public waterways belonging to all the people of the State of Florida; and the membership of the Committee should not just be the private interests of those in the County.

Bretta Woodford, 325 Sabal Avenue, Merritt Island, resident, employee of Sea Ray Boats, an officer of Citizens for Florida Waterways, and wife of an aquaculturist, cited examples of how Mr. Rose and the Office of Protected Species operates by not providing answers to questions posed by the public and by overriding decisions made by the Committee. She advised Mr. Rose contacted her employer to offer to meet if she would make less noise; and he contacted a Volusia County Bank to inform that a fish camp on which it held a loan would be having a decrease in business due to the slow speed limit around the fish camp, which resulted in the bank pulling the fish camp's loan. She requested the Board direct the Committee to come up with a fair and comprehensive plan to protect the manatee and not those people making their living off the backs of these creatures. She noted speed zones and closures are not the only solutions; and requested the Committee look at all possible actions. She presented recommendations for Committee membership; and expressed concern about the availability of information.

Chairman Higgs read aloud the list of recommended members.

Phyllis Woodford, 9520 South Tropical Trail, Merritt Island, representative of the shellfish farmers and Committee member, requested the Board direct the Committee to present its final plan on or before August, 1995. She stated the plan must be to DEP by October, 1995; and if this is not done, shellfish farmers will lose their contracts and the right to oversee Brevard County's Manatee Management Plan. She outlined actions which need to be taken; and requested the Board review the resumes of the Committee members to determine if they are worthy to serve.

Douglas Jaren, 335 Lejune Drive, Merritt Island, President of the Brevard Marine Association and member of the Manatee Protection Plan Committee, noted the Board has heard many things; and there is no easy answer. He requested the Board investigate the point made regarding the One to One-hundred Plan. He noted the Education Committee has not met yet; outlined the membership composition; and advised it will play a vital part in the overall plan.

Geri Lindner, 6056 Barna Avenue, Titusville, thanked the Board for making Brevard County the leading county in environmental achievements in the State of Florida. She recommended the Manatee Protection Plan Committee be kept as is and be allowed to continue its work.

Thomas Michalski, 3325 Rivercrest Drive, Melbourne, stated he is on the faculty of Rollins College; and outlined his background and training. He noted he submitted background information; and supports the environmentalists. He described seminars he held on the subject of growth management. He noted development and environment are opposite sides of the same coin; and conflict resolution is necessary. He advised of other seminars and courses he taught; and explained the issue of sustainable development. He noted the link between the environment and economics. He offered to meet with each of the Commissioners privately to discuss the issues; and presented an article from the Orlando Sentinel on Building a Better Florida. He presented a Resolution from the Democratic Executive Committee. He stated he supports the Manatee Protection Plan as well as scrub jay conservation, the development plan, the Landscaping and Land Clearing Ordinances, and the work of the EELS Committee.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize appointment of five new members to the Manatee Protection Plan Ad Hoc Committee, with each Commissioner making one appointment.

Chairman Higgs expressed support. Commissioner O'Brien noted the speakers recommended a balanced committee; it appears the Charter is being violated because people from outside the County are not part of home rule; and ordinary people are being left out of the process. Commissioner Cook stated he has no problem with Commissioner Scarborough's suggestion; and inquired about the DEP members. Commissioner Ellis suggested having some members with non-voting status, such as the representatives of the Sebastian Inlet Tax District, FDEP-Melbourne Aquatic Preserve, FDEP-Intergovernmental Coordination, U.S. Fish and Wildlife Service, and the Indian River Lagoon National Estuary Program. Discussion ensued on the composition of the Committee. The Board reached consensus to have the East Central Florida Regional Planning Council as an ex-officio member with the Indian River Lagoon NEP Program as a seated member. The motion was amended to designate the Sebastian Inlet Tax District, FDEP-Melbourne Aquatic Preserve, FDEP-Intergovernmental Coordination, U.S. Fish and Wildlife Service, and the East Central Florida Regional Planning Council as ex-officio members of the Manatee Protection Plan Ad Hoc Committee.

Commissioner O'Brien suggested Natural Resources Management Director Lisa Barr's position should be advisory but not voting; and inquired who controls the Committee. Chairman Higgs explained why Ms. Barr is a voting representative of the Board; and inquired if Commissioner O'Brien wishes to personally represent the Board on this Committee; with Commissioner O'Brien declining.

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

Chairman Higgs requested the Commissioners be ready to make their appointments at the next regular meeting.

The meeting recessed at 12:46 p.m. and reconvened at 1:35 p.m.

AWARD OF BID #B-2-4-94, RE: SCALLOP SHELLS FOR ROAD AND BRIDGE

Public Works Director Henry Minneboo advised of the details of the protest on the bid for scallop shells.

Allen Scott, Attorney, 120 Commercial Avenue, Federal Point, representing William R. Lambert who is owner of the Lambert Shell Site, advised he filed a bid protest on behalf of his client of Bid #B-2-4-94; he has spoken to Mr. Minneboo; and they have reached a solution which the Board may find acceptable. He outlined the basis of the protest and the suggested solution; and advised his client is prepared to withdraw the protest if the Board will consider the suggested solution whereby the County will use his client's product if, and when, it runs out of shell from the low bidder.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to award Bid #B-2-4-94, Scallop Shells for Road and Bridge, to low bidder, Don Bacon Construction at $3.00 per cubic yard; and authorize use of William R. Lambert as the secondary source.

Chairman Higgs inquired if Mr. Lambert will provide the product at the same price as the low bidder; with Mr. Scott responding affirmatively. Commissioner Scarborough expressed concern at limiting it to 30,000 cubic yards; and recommended it be an open contract. Discussion ensued on the amount of material to be used.

Commissioner Cook stated the motion is revised to not limit it to 30,000 cubic yards, but to be within budget.

Mr. Scott advised he is not representing it would go forever at the quoted price of $3.00 per yard. Commissioner Cook stated at that time it will come back to the Board.

Commissioner Ellis requested the County Attorney review the One to One-hundred Rule to verify it is in effect; and inquired what will be the representation at the next Manatee Protection Ad Hoc Committee meeting. Commissioner Ellis stated the next meeting will be the old committee members, and after February 21, 1995, it will be the new members with some of the old members non-voting members.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint R. H. Atkins,. 1290 Girard Boulevard, Merritt Island, to the Manatee Protection Plan Ad Hoc Committee as the District 1 appointee. Motion carried and ordered unanimously.

Commissioner O'Brien inquired about the intimidation which was alleged by one of the speakers. Commissioner Ellis requested the speaker provide documentation of the problem. Chairman Higgs stated the Board should not get involved with personnel matters with the Department of Environmental Protection. Discussion ensued on the issue.

Assistant County Attorney Lisa Troner inquired which of the ex-officio members does Commissioner Scarborough wish to not vote because of his appointment. Commissioner Ellis suggested the East Central Florida Regional Planning Council; with Chairman Higgs agreeing.

PUBLIC HEARING, RE: RESOLUTION VACATING PARK IN WATERWAY ESTATES, 4TH ADDITION - WENDI G. ADAMOSKY AND MICHAEL L. AND LYNN L. BARLET

Chairman Higgs called for the public hearing to consider a Resolution vacating park in Waterway Estates, 4th Addition as petitioned by Wendi G. Adamosky and Michael L. and Lynn L. Barlet.

Engineering Director Susan Hann advised staff recommends approval.

Lou Rossi, 460 Penguin Drive, Satellite Beach, inquired if the property is the one at the end of Skylark; with Commissioner Ellis responding no, and pointing out the area on the map. Mr. Rossi indicated he has no objection.

Motion by Commissioner Cook, to adopt Resolution vacating park in Waterway Estates, 4th Addition as petitioned by Wendi G. Adamosky and Michael L. and Lynn L. Barlet.

Commissioner Scarborough noted the original developer holds the title; and inquired who will own it outright after the Board vacates. Ms. Hann responded it would be split between the adjacent property owners. Commissioner Scarborough requested this be deferred until the reasonable value of the waterfront property is determined. Discussion ensued on whether the property has public value and whether there should be compensation. Ms. Hann described the problems with the property. County Manager Tom Jenkins advised the value of the land and the cost of maintaining or replacing the sea wall are a trade off.

Wendi Adamosky, 445 Sparrow Drive, Satellite Beach, advised of the differences in the parcel in question and a road that might be vacated. Lynn Barlet, 449 Sparrow Drive, Satellite Beach, advised at one time it was an easement, but now there is no utility going through there.

Commissioner Cook inquired about public liability; and noted the applicants have been maintaining the property for some time. Commissioner O'Brien suggested the Board inform the Property Appraiser immediately of this transaction. Commissioner Scarborough advised this is over 100 feet on the water; and inquired if the Property Appraiser can be requested to advise of the value.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of Resolution to vacate park in Waterway Estates, Fourth Addition as petitioned by Wendi Adamosky and Michael and Lynn Barlet to February 14, 1995.

Commissioner Cook inquired if the applicants can come back to the next meeting. Ms. Barlet inquired if the appraisal will be what it would be worth to sell the property as an individual lot or how much it will increase the applicants' property values; with Commissioner Scarborough responding both. Ms. Barlet advised there is no way to sell the property as an individual lot.

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

Mr. Jenkins inquired what will happen if staff cannot get a response from the Property Appraiser by February 14, 1995; with Commissioner Cook responding he will be prepared to make a motion to approve at that time.

Ms. Barlet inquired if the applicants decline to pay for the lot, will the County repair the sea wall. Commissioner Cook stated he will vote to vacate the property; and this can be resolved.

PUBLIC HEARING, RE: RESOLUTION ESTABLISHING SCHEDULE OF RATES, FEES AND CHARGES FOR SEPTAGE TREATMENT

Chairman Higgs called for the public hearing to consider a Resolution establishing schedule of rates, fees and charges for septage treatment.

Water Resources Director Richard Martens advised of meetings that have been held to develop an operational plan; and the plan is the basis of the cost estimate for the fee which is proposed. He advised there has been a further opportunity to reduce the disposal costs; and recommended the $37.50 per thousand gallon fee be reduced to $35 per thousand gallons.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution for treatment and disposal of septage. Motion carried and ordered unanimously.

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

Commissioner Scarborough requested the remarks of EDC Director Lynda Weatherman regarding staff review and the relationship between the number of employees and the scope of the operation be incorporated in the motion; and explained the rationale. Commissioner Cook noted that was his concern. Commissioner Scarborough requested language be included that the overall effect would be for the betterment of Brevard County and that there be no negative attributes with regard to environment, quality of life or the capacity of the County to attract other industries.

Chairman Higgs inquired about the language regarding expansion of existing businesses; with Economic Development and Legislative Affairs Director Greg Lugar responding it is the language of the Florida Statute, and must be used. Chairman Higgs expressed concerns about discrimination and the sales factor; with Mr. Lugar advising of the intent. Commissioner Scarborough inquired if this has to be included; with Mr. Lugar responding these are the limits which can be set higher but not lower. Commissioner Cook inquired if it can be changed; with Assistant County Attorney Lisa Troner responding if it is a requirement, the Ordinance can just say in adherence to the Section of the Florida Statutes and not repeat it. Chairman Higgs stated she cannot vote with that in there because it is unfair.

Chairman Higgs inquired about the language in Section 5.c, line 3. Mr. Lugar responded it is the actual facilities that have been improved or built, and has to be added value to the assessment roll. Discussion ensued on the issue.

Commissioner O'Brien inquired about the graph on page 6 of the EDC package; and advised this may encourage employers to underpay their employees and not make a real investment. Discussion ensued on the intent. Mr. Lugar advised of the monitoring component which would address the problem. Commissioner O'Brien noted he does not believe the intent of the passage of the relief from ad valorem taxes was to attract four-thousand $5.00 an hour jobs. Chairman Higgs and Commissioner Cook agreed. Commissioner Ellis expressed concern about the value added job issue; and advised his intent has always been to go with the 50% with almost no rules. Discussion ensued on the rationale.

Chairman Higgs noted a typographical error in Section 6, number 6. She stated Section 10.a which states time is of the essence in consideration of applications does not belong in the Ordinance. There was consensus of the Board to strike the language. She recommended the words "governing environmental matters" be deleted from Section 7.a. Commissioner Cook suggested the word "convicted" replace the word "charged." Discussion ensued on the wording; with consensus reached to use the word "may." Chairman Higgs stated she does not understand Section 7.f, item 4. Mr. Lugar advised that is the language of the Statute. Mr. Jenkins provided an explanation. Chairman Higgs stated she does not know if the EDC should be involved in Sections 8 and 9 regarding refundable fees. Ms. Troner advised Ms. Weatherman has indicated $500 is what the EDC would be recommending. Chairman Higgs stated she is confused about the effective date in Section 9; and she does not think this is what the Board wants to say. Commissioner Ellis advised he does not like retroactive recovery of taxes. Mr. Jenkins provided an explanation. Discussion ensued on the issue. Mr. Jenkins suggested deleting from "effective" on. Chairman Higgs agreed that is what she did not like.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to continue the public hearing to consider an Ordinance establishing the Economic Development Ad Valorem Tax Abatement Program to February 21, 1995; and direct staff to redraft the Ordinance in accordance with the Board's comments. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH 3M-MEDIA, RE: BILLBOARD SPACE AT NORTH BREVARD COUNTY YARD TRASH MULCHING AND RECYCLING FACILITY SITE

Mark Ulmer, 11900 Biscayne Boulevard, Miami, Attorney representing 3M-Media Advertising Company, presented background information on the proposed Lease Agreement for billboard space at North Brevard County Yard Trash Mulching and Recycling Facility site. He advised 3M-Media has complied with every request that has been made; and the County Attorney's Office has been presented with a revised Addendum to the revised Lease.

Commissioner Ellis advised this is the third time 3M-Media has been present; and there is cost involved.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to authorize execution of Lease Agreement with 3M-Media for billboard space at the Yard Trash Mulching and Recycling Facility site.

Commissioner Cook expressed concern about the revenue the County will realize for the sign in relation to the rent the company will get for both sides of the sign. He inquired if the direction to the County Attorney was to look at a year to year lease. Assistant County Attorney Cathy Harasz responded the Board did not specify a term; and explained the difficulties with a year to year lease. Commissioner Cook inquired about the renewals; with Ms. Harasz advising if an agreement on price could not be reached, the County could cancel; and outlined the term of the Lease. Commissioner O'Brien advised of the Board's option to raise the rent. Commissioner Cook expressed concern about the renewal period. Ms. Harasz advised of research into customary pricing for billboards. Commissioner Cook requested renewal be contingent upon renegotiation of lease payment.

Commissioner Scarborough expressed concern about the length of time for review of the sign content; and requested the 20 day period for objections be changed to 30 days.

Chairman Higgs summarized the 20 days will be changed to 30 days and "may" will be changed to "will" as it relates to renegotiation. The applicant requested clarification; and advised the only change is in the time period for review, which is acceptable.

Commissioner Ellis advised he will incorporate the changes into the motion. Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

PERMISSION TO AMEND ORDINANCE AND ADVERTISE PUBLIC HEARING, RE: OCCUPATIONAL LICENSES

Commissioner Ellis explained his rationale concerning equalization of charges for occupational licenses. He suggested the cost for the licenses should be total cost of processing the licenses divided by the number of licenses. Commissioner O'Brien noted the number of licenses next year is unknown. Commissioner Ellis advised staff has an estimate of what it costs to process each license; and the Board should be able to get those numbers. Commissioner O'Brien advised of problems that may occur if there is an economic slowdown; and stated a strong formula is needed. Commissioner Ellis advised if there was an economic slowdown, less staff time would be required to process; and things are changing in government. He noted the two issues are the cost of the license and the redundancy of having licenses in the County and the cities.

Chairman Higgs stated she reviewed the figures; and she concurs with the recommendation of the Equity Study Committee.

Chairman Higgs passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, to authorize advertisement of the Occupational License Ordinance in accordance with the recommendations of the Equity Study Committee. Motion died for lack of a second.

Vice Chairman Ellis passed the gavel to Chairman Higgs.

Commissioner Ellis expressed concern that the cost of the license should be based on the cost of maintaining that license and not on generating revenue for the County; and staff should justify a differential cost.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to table consideration of revision of the Occupational License Ordinance to March 7, 1995; and direct staff to come back with a report on the actual cost figures of issuing and maintaining occupational licenses.

Commissioner O'Brien inquired about differential charges related to enforcement of occupational licenses.

Commissioner Scarborough advised the County is not involved in regulating doctors and lawyers; but no one is closing their business because of the cost of the license. He described the County's experiences in regulating astrologers.

Commissioner Cook expressed support for the motion.

Commissioner Ellis advised the fee should reflect the cost; and if you are in a municipality, you need a County license, but County Code Enforcement does not operate in municipalities.

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

DISCUSSION AND DIRECTION, RE: INDOOR AIR QUALITY AT GOVERNMENT CENTER

Lou Rossi, 469 Penguin Drive, Satellite Beach, inquired if the Commissioners understand the plan; and described what is planned. He inquired if an air conditioning system will be added or will the buildings be tightened to hold the air that is there now. Facilities Management Director Hugh Muller outlined the planned actions. Mr. Rossi advised there is no intention to correct the facilities; with Mr. Muller agreeing. Mr. Muller advised the planned actions will pressurize the buildings. Mr. Rossi compared the buildings to a balloon with a leak; and stated the problems with the structures are not being corrected. He advised of the financial consequences of the planned actions; and suggested a solution.

Commissioner Ellis stated even with the foam solution it would be necessary to bring in outside air to the air handlers; and inquired if it would be pre-conditioned. Mr. Rossi responded no; and provided an explanation.

County Manager Tom Jenkins noted what Mr. Rossi is proposing would avoid the electrical cost, and is worthy of investigation.

Mr. Rossi emphasized his only financial interest is as a taxpayer.

Chairman Higgs inquired if the Board wishes to direct staff to investigate this option. Commissioner Cook inquired if it is practical to look into this option; with Mr. Muller responding the possibility could be explored with the consultant.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to table discussion of indoor air quality to February 21, 1995 to allow staff to investigate the option suggested by Lou Rossi. Motion carried and ordered unanimously.

Commissioner Scarborough expressed concern about the testing for microbial growth; and advised there are two sides, the technical and the medical sides. He advised of information he received from Orange County and from the University of South Florida.

Commissioner Cook recommended a phased solution; and stated there should be testing for that reason. He expressed concern about the Board's capability to pick a solution; and advised there may not be a problem. Commissioner Scarborough noted the air quality inside may be the same as outside with no microbial growth. Commissioner Cook compared the situation to the asbestos situation; and recommended a phased, cost effective approach.

Commissioner O'Brien read aloud from a letter from CH2M Hill providing options; and advised he agrees with further monitoring. Mr. Jenkins advised he has asked staff to implement the items listed in the letter.

Chairman Higgs read aloud the suggested action items listed in the letter of January 23, 1995 from CH2M Hill. Commissioner Cook suggested implementing those items; with Commissioner O'Brien agreeing. Mr. Jenkins advised those are the items to which he was referring.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct that no further money be spent, upgrade the current occupant complaint process, modify the protocol and procedures under which air quality data is taken, and accomplish all proper maintenance to the system according to the maintenance schedule, as suggested by CH2M Hill. Motion carried and ordered unanimously.

STAFF REPORT, RE: REQUEST TO PETITION FOR ADMINISTRATIVE HEARING ON SYKES CREEK INJECTION WELL SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge staff report on the request to Petition for Administrative Hearing for FDEP Operating Permit, Sykes Creek Injection Well System. Motion carried and ordered unanimously.

APPROVAL, RE: AMENDMENT TO MANATEE PROTECTION PLAN AD-HOC COMMITTEE MEMBERSHIP

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve amendment of the Manatee Protection Plan's Ad-hoc Committee membership, to appoint Nancy St. Germain replacing Bill Hall as the voting member representing the Town of Malabar. Motion carried and ordered unanimously.

*Commissioner Cook's absence was noted at this time.

CHANGE ORDER NO. 2 TO AGREEMENT WITH CAPITAL CONSTRUCTION, AND RELEASE OF RETAINAGE AND FINAL PAYMENT, RE: CENTRAL DISPOSAL FACILITIES VOLUME REDUCTION PLANT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with Capital Construction reducing the contract amount by a net total of $2,215; and approve release of retainage and final payment for the work at the Central Disposal Facility's Volume Reduction Plant. Motion carried and ordered unanimously.

*Commissioner Cook's presence was noted at this time.

The meeting recessed at 3:02 p.m. and reconvened at 3:21 p.m.

DISCUSSION, RE: CLERK'S RELOCATION TO GOVERNMENT COMPLEX NORTH

Management Services Director Michael Managan described the Government Complex North project; and advised of a $500,000 shortfall. He delineated the three options to continue the project: (1) to appropriate additional funds from Unbudgeted Cash Forward Account in the General Fund, (2) to eliminate the 9,600-square foot addition for the Clerk on the first floor, and (3) to eliminate the demolition of the old jail. He advised both variations of the third option would require additional appropriation of funds.

Bea Polk, 101 Riverpark Boulevard, Titusville, advised she is against moving the Clerk; and explained her rationale. Ida Blickley, 4475 Swift Avenue, Titusville, expressed concern that the cost will be more than $2 million; and advised of her experiences with renovations as a former County employee. She advised she is against moving the Clerk.

Commissioner Scarborough noted the former Clerk said he was happy to stay in the modulars; but Mr. Crawford has said he would move into the Government Complex North. He stated to date $6.1 million has been spent on renovations and asbestos abatement at the Government Complex North; and inquired if the Clerk does not move, what will be done with the vacant space. He noted concern has been expressed about the safety of the public records; he has been advised the buildings are safe to 140 miles per hour; and he would like to know if that is the case. He advised the original projection for the Government Complex North was $12 million; and recommended staff, the A&E firm and the Clerk confer to see if other modifications could bring this back into perspective. He noted money has been allocated for the project although there is a shortfall.

Commissioner Ellis stated the theory behind renovating the Government Complex North was to generate money from the sale of the modulars; the County has been unable to sell the Public Defender's Office or the Commission Office; and if the Clerk cannot move without expanding, other County offices such as Purchasing should move to the Government Complex North. He listed other groups in the Government Center which could be moved to Titusville; and suggested freeing up space at Viera to house the Public Defender and State Attorney. He inquired if it is certain the Clerk needs the expansion to move.

Commissioner Scarborough inquired about the HRS money; with Assistant County Manager for Community Services Joan Madden responding the chances of State money are diminishing. Commissioner Scarborough suggested a complete analysis of all facilities be done.

Commissioner Ellis stated the issue that needs to be resolved is whether the Clerk needs the addition; and outlined the options.

Commissioner Scarborough noted there will be questions about why the space is not being used and whether the public records are safe.

Commissioner Cook advised the Board needs to know if the Clerk needs the space; over $6 million has been spent on the building; and inquired if it is legitimate to spend more.

Commissioner Scarborough expressed concern about the cost of the air conditioning at the Merritt Island Complex. He noted $6 million is not bad for what the County has in Titusville; and the question is how to use the assets prudently. He advised of the issues the Board needs to consider.

Commissioner Cook stated the Board needs to make a decision. Commissioner Ellis advised the Clerk's issue has to be resolved before proceeding. Commissioner Scarborough expressed concern about the vacant space at the Government Complex North; and stated it is worth it to spend $500,000 to use the space rather than waste it. He stated there are other issues involved; and he cannot vote on whether the Clerk should move without knowing all the parts of the puzzle. Commissioner Cook noted no one is suggesting leaving three floors empty; he is sure tenants can be found; and if people have to be relocated, that can be done; but the question is whether to spend another million dollars. He stated the question is when to stop spending money. Commissioner Ellis outlined what would be necessary to finish the Government Complex North, and defined the options in terms of the Clerk. He stated the best use of the space, if the Clerk does not move, is to move people out of Viera and use the space for the Public Defender and State Attorney so it will not be necessary to build another building.

Commissioner Scarborough inquired about the $1.3 million; with Mr. Managan defining the parameters for its use. Mr. Jenkins advised the Bond Resolution could be modified for it to be used for any capital project. Discussion ensued on the Merritt Island Complex.

Chairman Higgs stated the Board needs to look at the total needs and come back with options.

Commissioner Cook stated the Board needs to provide staff direction in terms of the addition.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff not to proceed with the Government Complex North addition for the Clerk or the demolition of the old jail.

Commissioner Ellis stated with the old holding cells in place, it will not be necessary to build new ones. Commissioner O'Brien advised the jail is an eyesore and not a viable option for records. Discussion ensued on the jail.

Commissioner Scarborough stated the pertinent questions are whether the records are secure and whether the occupation of the complex should be part of a bigger plan. Discussion ensued on whether the modulars offer secure storage for the public records.

Chairman Higgs stated her last alternative is to build additional space; but she wants to know the records are safe and that all County space is being used. She recommended the Board get the space allocation issue resolved. Commissioner Cook concurred with Chairman Higgs' concerns; but advised the staff needs direction.

Chairman Higgs called for the motion to direct staff not to proceed with the addition to the Government Complex North for the Clerk's records, not to demolish the jail, and to cover the jail windows and paint the structure. Motion carried and ordered. Commissioners O'Brien, Cook and Ellis voted aye; Commissioners Scarborough and Higgs voted nay.

Mr. Jenkins requested staff be allowed to return on March 7, 1995.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to prepare a complete space analysis and report to the Board on March 7, 1995.

Commissioner Scarborough advised the study should take into consideration funding from HRS for the Melbourne facility, what can be done with the Merritt Island facility, the facilities at Viera for the Public Defender and State Attorney in relation to the new judicial facility, and the structural integrity of the Clerk's modular facilities in certain wind events.

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

Commissioner O'Brien inquired about the possibility of using surplus NASA bunkers for storage of files.

APPROVAL, RE: FILLING VACANT POSITIONS

Commissioner Cook inquired why Parks and Recreation and Library Services are included. Assistant County Manager for Community Services Joan Madden advised of actions taken to cover the positions; and stated she would not have asked for the positions if they were not critical. Commissioner Cook inquired about advertising but not filling positions so when the freeze expires, there will be applicants available.

Commissioner O'Brien inquired if the Friends of the Library could cover positions. Ms. Madden advised there is already a strong volunteer contingent in each of the libraries; and while it may be increased, you cannot always count on a volunteer to be there. County Manager Tom Jenkins noted the Cape Canaveral Library Director advises volunteers do not work on a regular basis in her community.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize filling the requested vacant positions.

Commissioner Cook stated three vehicle operators are requested by SCAT; and inquired if the busses are running now. Mr. Jenkins advised the memorandum addresses the issue. Commissioner O'Brien inquired about the part-time gymnastics instructor. Ms. Madden advised the busses are running using overtime capabilities and part-time people for extended hours. Mr. Jenkins advised of the problems with the overtime drivers and other actions which are being taken.

Commissioner Ellis inquired about the discrepancy in numbers for Pre-trial Release. He reviewed the list determining which positions are necessary and which are not. Ms. Madden explained the need for pre-trial release investigators and an office assistant.

Chairman Higgs inquired about the South Area parks positions.

Commissioner Scarborough noted he has been advised the Board is getting rid of people, but not people at the top; and expressed concerns about the way the County is restructuring which will lead to limiting of the capacity of the County to service the needs of the constituents.

Commissioner Cook noted he is working with diminished staff; and it is a hardship; but that is the purpose of a freeze. He suggested eliminating the part-time positions; with Chairman Higgs noting those are the least expensive. Commissioner Cook stated they are also the least important; and questioned the need for a part-time gymnastics instructor. Chairman Higgs explained the importance of the instructor to hold the class for fees. Commissioner Cook suggested eliminating all the full-time positions. Chairman Higgs agreed full-time positions with benefits are the ones that cost the most, but stressed the importance of delivery of services. Commissioner Cook expressed concern about the need for three pre-trial release investigators and an office assistant; and advised he also needs an office assistant, but is not asking for approval during the freeze. Chairman Higgs suggested cutting costs by filling each of the positions with part-time people rather than full-time; and stated she will support the recommendations. She expressed concerns about micro-management; and advised the Board should set the policy. Commissioner O'Brien expressed doubt that the County will come to a halt if 30 people are not hired, when there are already over 2,000 employees in County government.

Commissioner Cook stated the original intent of the freeze was to exempt those positions necessary for health and safety; the freeze is creating a hardship in some departments; but that is the purpose, to create hardship in order to determine what is needed.

Commissioner O'Brien inquired about the lifeguard captain position.

Commissioner Ellis advised you cannot make just anyone a lifeguard captain; but the Board has been clear; and leadership has to take responsibility. He noted people can be moved around to fill some positions, but not all; and expressed disbelief that there is not a park ranger who can be moved. Ms. Madden explained the situation involving resignations or terminations of park rangers since the beginning of the freeze. She explained the discrepancy in the number of pre-trial release investigators requested.

Chairman Higgs recommended the Board develop a mechanism to operate at cost or a policy for hiring.

Commissioner Ellis stated the managers should run their areas the way they need to. Chairman Higgs stated the Board needs to tell the managers what it wants to do in terms of money and goals, and not who and when to hire. Commissioner Ellis stated he is trying not to micro-manage; and staff has full leeway to move positions. Chairman Higgs advised there are no people left to transfer; with Commissioner Ellis expressing disbelief.

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

Commissioner Cook requested staff check those positions which are critical. Ms. Madden advised in terms of Parks and Recreation, Pre-trial Release, and Library Services, she would not have brought them to the Board if they were not critical to be filled at this time to maintain the level of service. She noted Public Safety was included for the purpose of hiring lifeguards.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve hiring two part-time positions, to be placed at the discretion of the Library Services Director. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve hiring one gymnastics instructor. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve hiring two pre-trial release investigators.

Commissioner O'Brien emphasized the critical nature of the positions requested; and stated he would like to see all three hired.

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

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve hiring three pre-trial release investigators. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve hiring two lifeguards.

Commissioner O'Brien inquired why they start in February; with Ms. Madden responding to prepare for spring break.

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

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve hiring four floor handlers.

Commissioner Cook inquired if the County Manager would have recommended four positions regardless; with Mr. Jenkins responding yes.

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

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve hiring one SCAT vehicle operator. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve two positions for the District 4 Commission Office.

Discussion ensued on whether to authorize one or two positions and the propriety of filling those positions when others were denied.

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

Commissioner Scarborough advised of problems in his office; and stated to deny the public the right to their Commissioner is not a cost savings. Commissioner Cook stated he agrees the perception would be that he is denying other positions while approving those for his office. Chairman Higgs stated she cannot support filling those positions and not the others.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve one position for District Office 4.

Commissioner Ellis noted Commissioner Cook does not have to fill the position if he does not want to. Commissioner O'Brien stated it is impossible to do the job without the people on board; with Chairman Higgs noting neither can the rest of the people. Discussion ensued on those positions approved to be filled and those which were denied.

Commissioner Cook stated it has been difficult, but he can muddle through another 30 days; and the perception is if he is voting for the freeze, he should suffer as well.

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

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve hiring one heavy equipment operator, one maintenance worker, and two bridge tenders, to be distributed at the discretion of the Public Works Director. Motion carried and ordered unanimously.

Chairman Higgs passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve hiring one full-time park ranger. Motion did not carry. Commissioners Scarborough and Higgs voted aye; Commissioners O'Brien, Cook and Ellis voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve hiring two part-time park rangers. Motion carried and ordered. Commissioners Scarborough, O'Brien and Higgs voted aye. Commissioners Cook and Ellis voted nay.

Vice Chairman Ellis passed the gavel to Chairman Higgs.

Commissioner Cook inquired about permission to advertise. Mr. Jenkins stated the Board did not freeze advertising.

Commissioner Higgs stated the freeze was extended 30 days and there are only two more weeks to go. Commissioners Ellis and O'Brien advised it could be extended. Mr. Jenkins recommended not advertising if it is to be extended again.

Commissioner Scarborough expressed concerns about the hiring freeze; and stated it needs to end because it is not good for the County.

Commissioner Cook advised the freeze will be beneficial to the County and the taxpayers; and the Board can address it in two weeks.

Commissioner Ellis expressed his philosophy on micro-management; and noted the Department Directors and County Manager can move people as they see fit. Commissioner O'Brien noted they are just refusing to do so. Mr. Jenkins noted he was told at the last meeting to put this on the agenda; he has been moving people; and will provide a report in the near future. He stated the point may come when he will have to make recommendations to discontinue some things which historically the County has done.

APPROVAL TO MODIFY POLICY BCC-19, RE: ACQUISITION OF CONSULTANT PROFESSIONAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize modification to Policy BCC-19, Section II(H), Acquisition of Consultant Professional Services, by deleting "employees" when defining Selection Committee membership for a County Commission designee; and authorize the Chairman to sign the revised policy. Motion carried and ordered unanimously.

APPROVAL, RE: REVISED BOARD MEETING SCHEDULE

Assistant County Attorney Lisa Troner requested April 11 and 24, 1995, which are already scheduled meeting dates, be set for the LDR hearings to consider exemptions of impact fees on industrial properties.

Chairman Higgs advised a Habitat Conservation workshop has been set; and she will not be bringing anything to the Board until after that workshop.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Board Meeting Schedule as recommended; and authorize advertisement of public hearings on April 11 and 24, 1995 to consider impact fee industrial exemptions. Motion carried and ordered unanimously.

REJECT PROPOSALS AND AUTHORIZE STAFF TO RE-ISSUE RFP'S UNDER REVISED SPECIFICATIONS, RE: PROPOSAL #P-3-5-04, CLIENT/SERVER HARDWARE, SYSTEMS SOFTWARE AND WORKSTATIONS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to reject all proposals for Proposal #P-3-5-04, Client/Server Hardware, Systems Software, and Workstations; and authorized staff to reissue requests for proposals under revised specifications. Motion carried and ordered unanimously.

DISCUSSION, RE: PARTICIPATION IN COMMUNITY FORUM

Chairman Higgs advised FLORIDA Today has requested the participation of the Board in a Community Forum on March 6, 1995; and she is unavailable on that date. She noted alternate dates of March 8 or 13, 1995 have been offered. Discussion ensued on the dates and the procedure of the forum.

The Board reached consensus to direct staff to check with the District Offices to determine availability so a decision can be made later.

DISCUSSION, RE: COST SHARING AGREEMENTS

Commissioner Ellis explained the theory of cost sharing agreements; advised this is done in the City of Melbourne; and he would like to do it for roads. He explained the advantages of the process. He expressed desire to avoid the MSBU process.

Commissioner O'Brien inquired if this eliminates the MSBU process totally; with Commissioner Ellis responding he hopes so. Commissioner O'Brien inquired what would happen if a group could not afford to build a dirt road; with Commissioner Ellis responding the MSBU's could still be used. Commissioner Ellis explained the benefit of the cost sharing process if there is not a high enough percentage of people to have an MSBU. He advised Melbourne does this with water and sewer, but not with roads. Commissioner O'Brien noted the written material details problems with the process for roads. Commissioner Ellis advised the road system in the County is not the same as in the City; there are no large tracts of parcels that have been sold with rights-of-way that have not been put in; and explained how the process could work.

Commissioner Scarborough stated water and sewer sound sensible; but advised of problems with roads. He recommended if the cost sharing process is used, people should receive notification and have the same degree of consent. Commissioner Ellis stated without the road, you cannot get a building permit. Commissioner Scarborough stated there is the MSBU mechanism; and reiterated the problems with the cost sharing process. Commissioner Ellis stated the cost sharing process would be monitored just like a sewer line or water line. Commissioner Scarborough expressed hope that it would be structured so it is fair to the adjoining property owners. Commissioner Ellis stated the advantage is it turns an unbuildable lot into a buildable lot. Commissioner Scarborough described the difficulties with the Rambling Acres MSBU. Commissioner Ellis reiterated the costs can be monitored.

Chairman Higgs advised monitoring is not controlling it; and provided a possible scenario. Commissioner Ellis made a comparison to the S.R. 520 sewer line. Commissioner O'Brien described a problem that might occur if a road is built for one house, but other houses are not built for some time; and in the interim technology improves to make building of roads less expensive. Commissioner Ellis stated he does not see new technology coming for clearing woods and putting down a dirt road. Discussion ensued on the details of the cost sharing process and possible problems and advantages.

Commissioner Cook stated he would like to table this issue for further study.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to table discussion on cost sharing agreements to March 7, 1995; and direct staff to analyze and report on the use of cost sharing agreements. Motion carried and ordered unanimously.

DISCUSSION, RE: CRITERIA FOR COMMERCIAL AND INDUSTRIAL LAND USES IN WETLANDS

Commissioner Ellis advised it is not proper for wetlands to determine the land use; if mitigation can be done for residential, it should be done for commercial; and the County permits itself a different set of rules than what it allows for the private person. He inquired what would happen if the Board administratively and retroactively undoes all the land uses that are commercial and industrial because of presence of wetlands. He recommended following the lead of the St. Johns River Water Management District so wetlands in commercial would be treated the same as wetlands in residential. He described the current situation.

Chairman Higgs requested a clarification of whether the County policy is the same as that of the St. Johns River Water Management District. Natural Resources Management Director Lisa Barr responded the Comprehensive Plan dictates the residential densities permitted in wetlands and also commercial and industrial land uses that are permitted in wetlands. It is consistent with the same philosophy that we have adopted in floodplains; St. Johns River Water Management District looks at permitting on a parcel by parcel basis; and it is a land use versus a permitting issue. Commissioner Ellis advised it is not a floodplain issue; it is a presence of wetlands on the parcel issue; and provided an example. He noted there is no appeal avenue. Ms. Barr advised the intent was to create a no net loss policy with function of wetlands; and part of the process is to determine what level of wetland loss is acceptable; and provided an example. She stated the decision was residents could go in and impact wetlands and the County would compensate for that elsewhere; but the Board did not believe the same social policy should apply to commercial and industrial. Commissioner Ellis advised of problems with the issue.

Geri Lindner, 6056 Barna Avenue, Titusville, expressed concern that wetlands are being lost at an alarming rate; and explained the uses of wetlands and why they are valuable. She advised of difficulties in creating a wetland for mitigation.

Commissioner O'Brien inquired if there are so many laws regulating wetlands, why are wetlands being lost; and advised if wetlands are still being lost, the laws are not working or there is something wrong in the system.

Commissioner Ellis advised of the changing definition of wetlands; and not all wetlands are a marsh leading to the St. Johns River. He stated you cannot make an artificial wetland that works, but there is an opportunity to return acreage to wetlands along the St. Johns River through a restoration process of pulling down the dikes.

Ms. Barr stated the reason there is a perceived loss of wetlands is because permitting practices have allowed for creation as the alternative for mitigation; but many of the upland wetlands were unsuccessful, although coastal wetlands and small herbaceous wetlands have been more successful. She advised there is difficulty in getting forested or larger wetland systems to mature and have the same function as the original system.

Commissioner O'Brien inquired how much has been spent on unsuccessful wetlands; with Ms. Barr responding she could not even guess. Ms. Barr advised permitting procedures have been reworked, other things are being considered for mitigation, and creation is the last alternative. Commissioner O'Brien inquired if the system is working; with Ms. Barr responding no. Commissioner O'Brien inquired what can be done to fix the system; with Ms. Barr responding addressing the permitting and land use issues. She recommended, if the Board is going to re-approach all the wetland regulations, it should look at what appropriate land uses are permissible within wetlands and long-term restoration and mitigation banking. She noted you cannot use wetland mitigation banking as an exclusive mechanism for wetland protection; and explained the mechanism. She recommended looking at it on a watershed by watershed basis, still looking at land use and avoidance as the first choice; and when it is necessary to mitigate, the County should look at what makes the most sense from an environmental and eco-system perspective. Commissioner O'Brien stated each small problem will be taken and solved; but the policy of the Board is to look at the bigger picture. Ms. Barr explained the stages of protection. She stated the question is not whether everything will be gone, but whether there will be something to work with when you get there.

Commissioner Ellis inquired how much wetlands have to be on a parcel to be considered wetlands. Ms. Barr advised of the process for commercial or industrial property with wetlands on site. Commissioner Ellis noted that is at the site plan stage; and inquired if he had a GU parcel, and requested IU or BU-1 zoning, how much wetlands does he have to have to be denied the commercial land use. Ms. Barr stated the applicant is advised of the percentage of wetlands on site, and that commercial and industrial zoning cannot take place in wetlands; so, they can move forward with their zoning with the knowledge that they will have to configure the site to deal with that issue; and if there is a large percentage of the property in wetlands, it may be impossible to reconfigure the application to allow the development on that site. Commissioner Ellis stated configuration is a function of the site plan, not the land use.

Commissioner Cook stated there has been a loss of 20 million acres of wetlands in 30 years; but the point now is how far to go in infringing on other areas of private ownership.

Commissioner Scarborough stated the Board is not going to settle this today; and suggested the County Manager provide those pertinent items on the agenda so the Board can address them.

Motion by Commissioner Scarborough, seconded to Commissioner Higgs, to table consideration of Comprehensive Plan Wetlands Policies 5.2.F(2), 5.3 and 5.4 to March 7, 1995. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING CARL FINERSON

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution recognizing and commending Carl Finerson, former President of the NAACP, for his years of community service. Motion carried and ordered unanimously.

PERMISSION TO RESCHEDULE, RE: DISCUSSION ON LEGAL REPRESENTATION FOR MIRA

Assistant County Attorney Lisa Troner requested the discussion on legal representation for the Merritt Island Redevelopment Agency be rescheduled for February 21, 1995.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to grant permission to reschedule discussion on legal representation for the Merritt Island Redevelopment Agency to the February 21, 1995 meeting. Motion carried and ordered unanimously.

AMENDMENT TO CONTRACT WITH CAPE CANAVERAL HEIGHTS, RE: PURCHASE OF PROPERTY FOR CENTRAL DISPOSAL FACILITY

Assistant County Attorney Lisa Troner advised in addition to the changes to the Amendment to the Contract, the sellers would like the Chairman to execute a letter explaining what the property is needed for and the procedure if they wanted to sell the property voluntarily instead of being part of a condemnation.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to execute an Amendment to Contract with Canaveral Heights for purchase of a minimum of 180 acres abutting the Central Disposal Facility. Motion carried and ordered unanimously.

Ms. Troner advised staff has no problems with the letter as rewritten.

Commissioner Scarborough requested the wording "Dick Rabon, Director of Solid Waste" be changed to 'Dick Rabon, Brevard County Director of Solid Waste."

Assistant County Attorney Cathy Harasz stated her only concern is B. B. Nelson was hoping this letter could be signed tonight, and she has 25 original copies ready to go; but she will advise Mr. Nelson the letter needs to be revised and will be signed at a later date. Commissioner Cook inquired if the letter could be faxed. Ms. Harasz stated they wanted an original letter to go into each packet to avoid the question whether it was a real document because it would come in a package with an offer to sell and copies of appraisals.

Commissioner Scarborough stated it is important to be able to contact someone in the County because there has been confusion in the past. Ms. Harasz stated the letter can be revised and ready for signature at the earliest convenience.

Chairman Higgs inquired if the Board wishes to sign a sales tool for someone. Commissioners Cook and Ellis indicated they had no problem with it as it saves going through condemnation. Discussion ensued on the letter. Ms. Troner advised the conditions of the Contract infer that they are taking certain steps that the County has allowed them to take. Ms. Harasz advised earlier the Board adopted a Resolution of Necessity for condemnation of this property; and if the voluntary sales do not go through, the land will be condemned on the County's behalf by these individuals; and in that way the County was guaranteed a per acre price. She stated in order to do that the seller would like the County's assistance in facilitating the voluntary sale from the outparcel owners.

Commissioner Scarborough requested a correction of Mr. Rabon's telephone number on the letter to include the area code.

Commissioner Ellis stated under Florida law, the property owner does not have to pay the legal fees; and the letter should be revised to reflect that. Discussion ensued on revision of the letter. Commissioner Cook inquired why the Chairman has to sign the letter; with Ms. Troner responding it is a request; and the Board can alter the letter and who is to sign it.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to authorize Solid Waste Management Director Richard Rabon to sign the revised letters.

Ms. Harasz clarified it will read, "within our Contract, the majority land owner has offered to immediately acquire your parcel and deliver title to the County, thereby attempting to save Brevard County the time, trouble and expenses of condemnation."

Commissioner Cook inquired if the County Manager would prefer to sign the letter; with Mr. Jenkins responding no.

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

Commissioner Ellis advised of reasons to send the letter; with Commissioner Cook agreeing it allows the County to exercise some control.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCES FOR CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM

Motion by Commissioner O'Brien, seconded for discussion by Commissioner Ellis, to authorize advertisement of public hearing on March 7, 1995 to consider ordinances creating the Civil Traffic Hearing Officer Program, and amending the County's Parking Violation Ordinance.

Commissioner Ellis inquired what is the significance of the attachment of the Parking Ordinance. Court Administrator Mark Van Bever advised the legislation which allows creation of the Civil Traffic Hearing Officer Program also allows for a separate ordinance to be created for parking ticket violations to be heard by the traffic hearing officers. He stated some things were authorized by the Statute; but it takes a separate ordinance in order to hear the parking violations. Commissioner Ellis inquired about the increased penalty. County Manager Tom Jenkins stated the Clerk is proposing to receive a greater percentage of the existing revenues to cover costs. Assistant to the County Manager for Criminal Justice Yvette Parker explained the process and the Clerk's request, emphasizing it would not increase the cost of the penalty assessed, but increasing the costs recovered by the Clerk. Commissioner Cook inquired where would the additional revenue come from; with Commissioner Ellis responding the cities. Ms. Parker noted it could also be the County, depending on who wrote the ticket. Discussion ensued on the fiscal implications. Mr. Jenkins advised this can come back to the Board as a separate item. Commissioner Cook indicated he would prefer to do that. Commissioner Ellis advised he does not support it.

Mr. Jenkins explained the separate issues. Mr. Van Bever advised nothing in the proposed ordinances addresses the Clerk's request for a greater share of the fee; and both ordinances may be advertised. Discussion ensued on whether to advertise one or both ordinances. Chairman Higgs stated it is necessary to take action on both ordinances.

Chairman Higgs called for a vote on the motion to authorize advertisement of two ordinances. Motion carried and ordered unanimously.

Commissioner O'Brien stated he is upset that the Clerk's request was slipped in; and it should have been a separate item. Mr. Jenkins clarified it was not an increase in parking fines; it was a request by the Clerk to get a higher percentage of the existing fine; the Clerk presented it to him; and he presented it to the Board. Commissioner O'Brien stated it should not have been with this request.

Mr. Van Bever requested the opportunity to speak with the County Attorney about the language before advertising; with Chairman Higgs responding Mr. Van Bever has the right to speak to the County Attorney.

APPROVAL, RE: EARLY PAYMENT/REDEMPTION OF DBA SYSTEMS INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 1983

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve early payment/redemption of the DBA Systems Industrial Development Revenue Bond, Series 1983. Motion carried and ordered unanimously.

DISCUSSION, RE: BILLS AND BUDGET TRANSFERS

Commissioner Cook outlined excessive charges in the State v. Eyrich; and noted if the bill had not been paid, the County Attorney could have challenged.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Option 2, requiring the Board ratify each bill proposed for payment prior to the Finance Department authorizing payment. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH FAMILY COUNSELING CENTER OF BREVARD, INC., RE: HOUSING COUNSELING SERVICES TO LOW AND MODERATE INCOME PERSONS

Commissioner Ellis expressed concern about monitoring the effectiveness of the program. Human Services Director Bernice Jackson explained the monitoring systems. Assistant County Manager for Community Services Joan Madden advised the performance standards were included as Attachment A in the original Agreement which was brought to the Board in October, 1994. Commissioner Ellis inquired about measurements of results; with Ms. Madden responding it would have to be dovetailed with the Housing Program and the CDBG Office to count the people who completed the process to get their home. Ms. Madden advised the measurement was part of the original projection. Commissioner Ellis stated next year he would like to see measurable outcomes.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to execute Amendment to Agreement with the Family Counseling Center of Brevard, Inc. to revise the Agency's budget. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE BIDS, RE: SCAT 1995 VEHICLE ACQUISITION FOR VANPOOL PROGRAM

Commissioner Ellis outlined his concerns about the Vanpool Program including the use of the vans outside work hours.

Commissioner Cook stated he shares the same concerns; and he is concerned about the need for criteria. Commissioner O'Brien advised most trucks and vans run to 175,000 miles. Commissioner Cook expressed concern about retiring the vans at 100,000 miles.

Transit Services Director Don Lusk advised the program has been operating as is since 1987; but he is happy to address the Commissioners' concerns. He noted the criteria to retire the vans is the Federal Transit Administration criteria; they have worked with VPSI to stretch that out as far as possible; but generally they are found to be uneconomical to operate over 100,000, although some go over since the criteria is 100,000 miles or four years. He advised one of the benefits for van drivers is to have unlimited use of the vehicle during the weekend in exchange for the inconvenience of being the lead driver.

Commissioner Cook advised insurance is another issue; and it should be looked at.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to table to the March 7, 1995 meeting.

Mr. Lusk advised this has been programmed for some time; he would prefer to go ahead with the procurement; and there will be other opportunities to address the concerns. Commissioner Cook expressed concern about the expansion. Commissioner Ellis noted this represents $500,000. Commissioner Cook requested staff return with recommendations to reduce the program and other options. Ms. Madden inquired if the Board is interested in comparative costs from private vendors: with Commissioner Ellis responding he has those.

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

AGREEMENT WITH MERRITT ISLAND LASSIE LEAGUE SOFTBALL, INC., RE: SOFTBALL AT MILA ELEMENTARY SCHOOL

Commissioner O'Brien stated this program is great; and requested $50,000 to get lighting for the field.

Parks and Recreation Director Charles Nelson advised in the past, excess cash forward has been spread around; but this year will not be one of those years. He noted in other locations there are special taxes which support additional service levels or those facilities are in County Parks; but on Merritt Island, they are all on school properties for the County has limited responsibility; and that is why there is a difference. He indicated he will explore the issue further.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement with the Merritt Island Lassie League Softball, Inc. to provide instructional and organized softball at Mila Elementary School; and directed the County Manager to return at the next meeting with estimated costs and time for lighting the fields for the Merritt Island Lassie League. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH SPACE COAST SPORTS AUTHORITY, RE: SPORTS PROMOTION AND DEVELOPMENT

Commissioner O'Brien advised he is not criticizing what the Space Coast Sports Authority does; but expressed concerns about public funds being used to create profits for commercial industry which do not impact the ordinary taxpayer. He delineated how much money is being used to bring in programs such as the Special Olympics, etc.; and inquired if commercial companies should fund this.

Commissioner Ellis inquired if this is what the TDC is supposed to do with tourist tax.

Commissioner O'Brien stated the Board is being asked for $77,000. County Manager Tom Jenkins advised those are tourist tax dollars. Assistant County Manager for Community Services Joan Madden advised the entire TDC operation is funded through TDC dollars; and there are no ad valorem dollars included.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to authorize the Chairman to execute an Amendment to Agreement with Space Coast Sports Authority for sports promotion and development, to extend the date through April 1, 1995 or until a new agreement is executed, whichever date is earlier. Motion carried and ordered unanimously.

APPROVE FUNDING TRAVEL EXPENSES, RE: LOCAL FISHING PROFESSIONALS TO ATTEND OUTDOOR/FISHING TRADE SHOWS WITH OFFICE OF TOURISM STAFF

Motion by Commissioner O'Brien, 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 and Outdoor Show in Harrisburg, Pennsylvania, the Eastern Fishing and Outdoor Expo in Buffalo, New York, and The Great Outdoor Show in Atlanta, Georgia. Motion carried and ordered unanimously.

PERMISSION TO WAIVE BID, AUTHORIZE STAFF TO PURCHASE LAND TRANSPORTATION, CONSTRUCTION AND MONITORING SERVICES, AND REQUEST EXTENSION OF TIME, RE: PLACEMENT OF REEF BALLS AT COUNTY'S ARTIFICIAL REEF SITE

Commissioner O'Brien inquired why the bid is to be waived. Chairman Higgs responded normally this would have to be bid; the National Association of Underwater Instructors (NAUI) has been participating in the development of the artificial reef; and NAUI will be doing this on almost a non-profit basis. Commissioner O'Brien inquired what is it going to cost the County to do this; and inquired about more cost effective methods. Mr. Rabon responded the money is not so much for the transportation; but it allows NAUI to dive the reef as the balls are going down and to do the surveys. He stated the transportation from Disney to the Port is minimal; and most of the $30,000 grant will be used for the balls themselves to build a bigger reef, with volunteer help. Commissioner O'Brien inquired what will it cost the County; with Mr. Rabon responding it is a $30,000 cost to the grant which the County received from the State, so there are no County dollars in it. Commissioner O'Brien stated the County will transport the reef balls at County expense; and inquired what is the cost; with Mr. Rabon responding $2,000 to $3,000, which will come from the grant.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to waive bid; authorize staff to purchase land transportation, construction and monitoring services associated with replacement of reef balls at the County's artificial reef site from the Orlando Chapter of the National Association of Underwater Instructors; and authorize staff to request an extension of 180 days from the Florida Department of Environmental Protection for completion of the grant project. Motion carried and ordered unanimously.

APPROVAL OF TRANSFER, RE: COUNTY-OWNED TANGIBLE PERSONAL PROPERTY BETWEEN GOVERNMENTAL UNITS

County Manager Tom Jenkins advised staff wishes to withdraw the item.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to reconsider Item III.C.3, Release/Satisfaction of Lien for Edward W. Rost, Jr.; and table to the February 21, 1995 meeting. Motion carried and ordered unanimously.

APPOINTMENTS AND REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARD

Commissioner Cook advised of attendance problems on Committees; and requested the appointment processes be reviewed to address outstanding issues. He requested appointments come due in two-year or one-year increments, as the Board desires, so the Commissioners have the ability to appoint people who have an interest and remove people who may have lost interest.

County Manager Tom Jenkins advised staff is preparing a report to articulate some of this information; and there is nothing to preclude the Board from setting a policy regarding attendance on Advisory Boards.

Commissioner O'Brien expressed concern about being unable to make appointments to replace prior appointments. Mr. Jenkins advised that will be broken out for the Board as to why terms are set the way they are, such as by Statute or by Board Ordinance or policy.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to establish a policy that if an appointee to a citizen advisory board has three unexcused absences, the appointing Commissioner may make another appointment. Motion carried and ordered unanimously.

Commissioner Cook stated the County Manager is going to investigate other things. He stated there were appointments being made at the last meeting of the old Board, a week before the new Commissioners were sworn in; and that is not right. He stated the Board needs to address this. Commissioner O'Brien recommended this subject be put on the agenda for the next meeting. The Board reached consensus to discuss the issue at the next meeting.

ACCEPTANCE, RE: CASH FORWARD REPORT FOR FY 1995

Commissioner Ellis outlined his concerns about the cash forward for Jetty Park and the golf courses and the operating and maintenance being in the hole. Parks and Recreation Director Charles Nelson advised the numbers for golf courses were based on the May numbers; the Board established the rate structure in September; and there will be an adjustment, which will be approximately half of what is shown. He noted they are run on a cash basis, so there is always enough money to operate; and the problem is in the accounting system. He assured staff is continuing to monitor those issues; and provided information on the first quarter. He advised of weather problems and accounting problems. Commissioner Ellis inquired about the negative figure for operation and maintenance. Mr. Nelson advised they cannot expend beyond what they have; and golf operations have been within the revenues they had. Mr. Nelson explained the process. Commissioner Ellis requested more information. Mr. Nelson noted in October, 1994, for Jetty Park, they warned that cash flow might be such that they may need a loan; but they did not. Commissioner Ellis requested a report on the golf courses at the end of March, 1995. Mr. Nelson advised of problems with the quarterly report, which are being corrected.

Motion Commissioner Ellis, seconded by Commissioner Scarborough, to accept the Cash Forward Report for FY 1995. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: INTERNAL AUDIT DEPARTMENT'S CERTIFICATION OF SECTION 15 NON-FINANCIAL OPERATING DATA

Commissioner Ellis expressed concern about the lack of ability to certify passenger miles for the van pool program. He stated this came up at the MPO prior to the new Commissioners coming on board; and the Board needs to evaluate the program.

Motion by Commissioner Ellis, seconded by Cook, to acknowledge the Certification of the Space Coast Area Transit Section 15 Report and Response dated January 23, 1995.

Chairman Higgs stated there will be a full discussion of the van pool program on February 21, 1995. Commissioner Cook inquired about the criteria for buying busses. Transit Services Director Don Lusk stated there are new requirements in terms of inspection. Discussion ensued on the cost implications of the new requirements.

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

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve the Bills and Budget Transfers, as submitted. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Ellis voted aye; Commissioner Cook voted nay.

ANNOUNCEMENT

County Manager Tom Jenkins advised everyone is available on March 13, 1995 for the FLORIDA Today Community Forum.

The meeting recessed at 5:48 p.m. to go into Closed Executive Session for Labor Agreement Negotiations with IAFF Local 2969.

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

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