The Board of County Commissioners of Brevard County, Florida, met in regular session on October 15, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien, District 2.

Commissioner Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Minutes of June 4, 1996 Regular Meeting. Motion carried and ordered unanimously.

APPROVAL, RE: EXPERT WITNESSES FOR PINTER v. BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize expert witnesses for Pinter v. Brevard County lawsuit. Motion carried and ordered unanimously.

DISCUSSION, RE: LEASE OF PROPERTIES

Commissioner O'Brien advised it would benefit the Board to receive a list of all leases the County has with anybody, on how many properties are leased, and for how much.

Chairman Cook instructed the County Manager to provide a list of real property leases to each Commissioner.

DISCUSSION, RE: STATUS OF SCRUB PLAN

Chairman Cook inquired if staff is compiling the County scrub lands and will be providing the Board with additional information as requested.

Assistant County Manager Stephen Peffer advised letters were sent to federal agencies to obtain information on what they manage which will be part of the inquiry to Fish and Wildlife Service as they go to them with the Brevard County Scrub Protection Plan. Chairman Cook inquired if staff is moving forward with the scrub lands; with Mr. Peffer responding they have that all together.

DISCUSSION, RE: WETLANDS NEGOTIATIONS

Chairman Cook inquired about the status of the wetlands negotiations with Department of Community Affairs; with County Attorney Scott Knox responding it is scheduled for mediation on October 29, 1996.

PERSONAL APPEARANCES - KIM ROBERTS AND ELLIS FORD, RE: RESOLUTION RECOGNIZING THE CENTER OF DRUG-FREE LIVING FOR 25 YEARS OF SERVICE

Commissioner Higgs read aloud the Resolution recognizing the Center of Drug-free Living, Inc. for 25 years of service to the citizens of Central Brevard; and presented the Resolution to Kim Roberts.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution recognizing the Center of Drug-free Living, Inc. for 25 years of service. Motion carried and ordered unanimously.

Kim Roberts thanked the Board for the Resolution and stated there are answers to providing drug-free living with adequate funding and community partnerships, because it is the community's problem and not someone else's problem. Ellis Ford also expressed appreciation for the Resolution.

FINAL PLAT APPROVAL, RE: VIERA CENTRAL PUD, TRACT 12, UNIT 1, PARCELS 1-3, PHASE I

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant final plat approval for Viera Central PUD, Tract 12, Unit 1, Parcels 1-3, Phase I, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

AGREEMENT WITH MARVIN AND DONATINA MILLER, RE: CHRISTA JEAN AVENUE EXTENSION B UNPAVED ROAD

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with Marvin and Donatina Miller for Christa Jean Avenue Extension B in existing County right-of-way constructed to standards of Ordinance No. 96-25, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

CONTINUATION, RE: SIGN ORDINANCE TASK FORCE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to continue the Sign Ordinance Task Force for 30 days to complete its review of the Sign Ordinance and return to the Board on November 12, 1996. Motion carried and ordered unanimously.

CONTRACT WITH DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RE: PUBLIC HEALTH SERVICES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Contract with Department of Health and Rehabilitative Services providing funding for the Public Health Unit and Environmental Health Services to promote, protect, maintain, and improve health and safety of citizens and visitors for FY 1996-97. Motion carried and ordered unanimously.

APPROVAL, RE: SPECIAL EVENT PERMIT FOR CHURCH OF CHRIST OCEANSIDE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve a special event permit for Church of Christ Oceanside, pursuant to Ordinance No. 86-14, allowing 12 recreational vehicles to house participants of the Missionary Seminar from January 6 through 27, 1997. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF MELBOURNE, RE: VOLUNTARY ANNEXATION OF REAL PROPERTY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to acknowledge receipt of Ordinance No. 96-49 from City of Melbourne regarding voluntary annexation of real property involving six right-of-way segments of Wickham Road for total of 17.8 acres. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF MELBOURNE, RE: VOLUNTARY ANNEXATION OF REAL PROPERTY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to acknowledge receipt of Ordinance No. 96-50 from City of Melbourne regarding voluntary annexation of real property located at the northwest corner of the intersection of Wickham Road and Eau Gallie Boulevard of approximately 9.4 acres including the right-of-way of Eau Gallie Boulevard. Motion carried and ordered unanimously.

PERMISSION TO CONSTRUCT WITH CITY OF WEST MELBOURNE, RE: DORCHESTER AVENUE __

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize construction of Dorchester Avenue, from Parkhill Boulevard to McLean Drive, in cooperation with the City of West Melbourne, subject to reimbursement to the County for all related construction costs by Kite Development, Inc. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ESTABLISHING RANCHWOOD COURT WATER MSBU

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance establishing Ranchwood Court Water Municipal Service Benefit Unit (MSBU). Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: COMMERCIAL/ INDUSTRIAL HVAC PROGRAM THERMAL ENERGY STORAGE FEASIBILITY STUDY AND INSTALLATION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Commercial/ Industrial HVAC Program Thermal Energy Storage Feasibility Study and Installation Agreement with Florida Power & Light Company for the Historic Titusville Courthouse at $300/ton of air conditioning displayed during peak hours. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: REMAINDER OF GRANT FUNDS TO CONSTRUCT 10-UNIT T-HANGAR AT VALKARIA AIRPORT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation for the remainder of grant funds to construct a ten-unit T-Hangar at Valkaria Airport. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.), RE: FUNDS FOR MAINTENANCE DREDGING IN DISTRICT 2

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Florida Inland Navigation District (F.I.N.D.) for funding assistance under the Waterways Assistance Program for maintenance dredging in District 2, in the amount of $155,269. Motion carried and ordered unanimously.

AGREEMENT WITH CITIES OF ROCKLEDGE AND COCOA, RE: CONSTRUCTION OF REGIONAL STORMWATER RETENTION POND

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Cities of Rockledge and Cocoa providing for construction of a regional stormwater retention pond at a pro-rated cost based upon drainage area within each entity. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ALAN R. GROVER, RE: PROPERTY ON RITA BOULEVARD IN OCEAN EDGE COLONY SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Contract for Sale and Purchase with Alan R. Grover for acquisition of property on Rita Boulevard in Ocean Edge Colony Subdivision at $30,000 to provide flooding relief and stormwater treatment by construction of a retention pond on the site. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 AND RELEASE OF RETAINAGE AND FINAL PAYMENT TO DOUG WILSON ENTERPRISES, INC., RE: BCGCN 4TH FLOOR BUILD OUT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with Doug Wilson Enterprises, Inc., increasing contract price by $2,599.94 for modifications to existing lighting, installation of temporary glass and paper pass-through tray at reception area opening, sprinkler heads at ceiling, and fire alarm strobe light for Brevard County Government Center North 4th Floor; and authorize release of retainage and final payment to the contractor in the amount of $11,289.14. Motion carried and ordered unanimously.

RESOLUTION, BILL OF SALE, AND EASEMENT TO CITY OF COCOA, RE: WATER LINE AND FIRE HYDRANT FOR COCOA BEACH PUBLIC LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution and execute Bill of Sale and Easement to City of Cocoa to install water line and fire hydrant for Cocoa Beach Public Library. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF ROCKLEDGE, RE: SEWER INSTALLATION AT ROCKLEDGE PARK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with City of Rockledge for installation of a sewer system at Rockledge Park. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH CITY OF ROCKLEDGE, RE: LEASE OF VALENCIA STREET DOCK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Lease Agreement with City of Rockledge to lease, maintain and operate Valencia Street Dock from October 15, 1996 through October 14, 2006. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC., RE: USE OF WOODY SIMPSON PARK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution and execute Lease Agreement with Child Care Association of Brevard County, Inc. for use of facility at Woody Simpson Park from October 15, 1996 through October 14, 1997. Motion carried and ordered unanimously.

EASEMENT, NOTICE OF PROJECT READINESS, SPECIFICATIONS FOR TRANSFORMER PAD, AND UNDERGROUND CONDUIT INSTALLATION AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: KELLY PARK WEST

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Easement, Notice of Project Readiness, Specifications for Transformer Pad, and Underground Conduit Installation Agreement with Florida Power & Light Company for electrical services at Kelly Park West, subject to review and approval by the County Attorney. Motion carried and ordered unanimously.

AMENDMENT NO. 5 TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENSION OF TIME FOR PALM BAY REGIONAL PARK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Amendment No. 5 to Agreement with Department of Environmental Protection, extending time for completion of Palm Bay Regional Park Project to May 1, 1997. Motion carried and ordered unanimously.

PROJECT AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENSION OF TIME FOR GOODE PARK

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Project Agreement with Department of Environmental Protection, extending time for completion of Goode Park to July 1, 1997. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: CONTRIBUTION FROM SCHOOL BOARD FOR JAMES MADISON MIDDLE SCHOOL POOL REPAIR PROJECT

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Budget Change Request amending the budget to establish a $30,000 contribution from the School Board for James Madison Middle School pool repair project. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN FROM WATER RESOURCES DEPARTMENT, RE: THE HABITAT AT VALKARIA GOLF COURSE

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve a temporary loan of up to $75,000 on an as-needed basis from Water Resources Department to Golf Operations Fund 4760, for placement and modification of a modular structure at the Habitat at Valkaria Golf Course. Motion carried and ordered unanimously.

AGREEMENTS WITH AMERICAN CANCER SOCIETY, RE: GOLF CARDS AT SPESSARD HOLLAND, HABITAT AND SAVANNAHS GOLF COURSES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreements with the American Cancer Society, to authorize use of golf cards at Spessard Holland, Habitat, and Savannahs Golf Courses, from April 15, 1997 through November 30, 1997. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH VAN POOL SERVICES, INC., RE: LEASE OF VANS FOR BEACH CLEAN UP PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Van Pool Services, Inc. for lease of vans for the Beach Clean Up Program. Motion carried and ordered unanimously.

AGREEMENT WITH THE BUCHANAN COMPANY, INC., RE: TDC SPORTS EVENT PROMOTION AND DEVELOPMENT AGENCY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with The Buchanan Company, Inc. as the Tourist Development Council's Sports Event Promotion and Development Agency for a period of two years at $7,785.82 per month for the first year and $8,564.40 per month for the second year. Motion carried and ordered unanimously.

APPROVAL TO FUND EXPENSES, RE: LOCAL BAND LEADER TO ATTEND MID-WEST INTERNATIONAL BAND AND ORCHESTRA CLINIC 50TH ANNUAL CONVENTION WITH OFFICE OF TOURISM STAFF

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve funding travel expenses for Hal Gibson, local band leader, to attend the 50th Annual Mid-West International Band and Orchestra Clinic in Chicago, Illinois on December 17 through 21, 1996 to represent the Space Coast in the Office of Tourism Development Exhibit Booth. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: UNACCOUNTED FOR TANGIBLE PROPERTY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve removal of unaccounted for Gerber scale PR#N884-0384, Stevens water level recorder PR #H522-0224, and Modem Courier PR #A030-0042 from the County's Inventory. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-31 AND AGREEMENT, RE: PHYSICAL EXAMINATIONS FOR NORTH/CENTRAL BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to award Proposal #P-3-6-31, Physical Examinations for North/Central Brevard County, to Royal Oak Medical Center, at estimated annual cost of $76,300; and execute Agreement with John W. Flaherty, M.D. for the service. Motion carried and ordered unanimously.

REJECT QUOTE #Q-4-6-114, AND RE-QUOTE WITH REVISED SPECIFICATIONS, RE: REHABILITATION OF HOME AT 3615 BROPHY BOULEVARD, COCOA

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to reject all quotes for Quote #Q-4-6-114, Rehabilitation of Home at 3615 Brophy Boulevard, Cocoa, and authorize re-quote with revised specifications. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE TEFRA HEARING, RE: GRAYWATER INVESTMENTS II, LTD. (DEMACO) INDUSTRIAL DEVELOPMENT REVENUE BOND APPLICATION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant permission to advertise a TEFRA hearing for Graywater Investments II, Ltd. (Demaco) Industrial Development Revenue Bond application for November 12, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH PHARMACY PROVIDER SERVICES CORPORATION, RE: PRESCRIPTION DRUGS FORMULARY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to execute Agreement with Pharmacy Provider Services Corporation to distribute a prescription formulary to health plan participants and participating physicians in return for rebates on formulary drugs. Motion carried and ordered unanimously.

APPROVAL, RE: SETTLEMENT OF WORKERS' COMPENSATION CLAIM OF DONNA LINDSAY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve the negotiated settlement of the Workers' Compensation claim of Donna Lindsay in the amount of $24,000, inclusive of her attorney's fees. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE EXECUTIVE SESSION, RE: BERNICE ROSEBERRY v. BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize scheduling an executive session to discuss settlement negotiations and strategy related to litigation expenditures in Bernice Roseberry v. Brevard County lawsuit. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to appoint Valerie Scott to replace Irene Wong on the Parks and Recreation South Service Sector Advisory Board, with term expiring December 31, 1996. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY AND PUBLIC UTILITIES AND DRAINAGE EASEMENT IN HOLIDAY SPRINGS AT SUNTREE - SUNTREE COMMUNITY DEVELOPERS

Chairman Cook called for the public hearing to consider a resolution vacating rights-of-way and drainage easement in Holiday Springs at Suntree, as petitioned by Suntree Community Developers.

Commissioner Ellis inquired if the County lost the southern link to connect to Wickham Road; with Beverly Sutphin responding yes. Chairman Cook inquired if it will have negative impact; with Ms. Sutphin responding no, the County got an easement to access the ponds to the west. She stated the petitioner replanted the remainder and dedicated an equivalent access to the County property.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating rights-of-way and public utilities and drainage easement in Holiday Springs at Suntree, as petitioned by Suntree Community Developers, subject to providing an equivalent access to the County. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING TAX EXEMPTION FOR AJT, INC. AND AFFILIATES AJT & ASSOCIATES, INC., AND FREXES INTERNATIONAL, INC.

Chairman Cook called for the public hearing on an ordinance granting economic development tax exemption for AJT, Inc. and affiliates AJT & Associates, Inc., and Frexes International, Inc.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Ordinance granting an economic development ad valorem exemption to AJT, Inc., and its affiliates AJT & Associates, Inc., and Frexes International, Inc. located in Cape Canaveral, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012(16); providing for proof of eligibility for exemption; providing for an annual report for AJT, Inc.; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS IN SR 520 GRAVITY SEWER MSBU AND ADOPTING FINAL ASSESSMENT ROLL

Chairman Cook called for the public hearing to consider a resolution accepting improvements in SR 520 Gravity Sewer Municipal Service Benefit Unit (MSBU) and adopting the final assessment roll.

Commissioner Higgs inquired if there is a personal appearance that deals with the same subject; with Assistant County Manager Stephen Peffer responding no, this is the gravity sewer line and that item is the lift station.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution accepting improvements in the SR 520 Gravity Sewer MSBU; adopting the final assessment roll; establishing the procedure for the collection of assessments; establishing an interest rate; and establishing an effective date. Motion carried and ordered unanimously.

AGREEMENT WITH THE PRUDENTIAL FLORIDA REALTY, RE: SPACEPORT COMMERCE PARK

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreement with The Prudential Florida Realty of Winter Park to market and sell property in Spaceport Commerce Park for fee equal to 7% of the value of the real estate, and Prudential paying all marketing expenses.

County Manager Tom Jenkins advised of ten property owners who wish to be on the exclusion list. Commissioner O'Brien inquired for how long; with Howard Gunter stating he sent those exclusions for 120 days. Chairman Cook inquired how many realtors were contacted; with Mr. Lugar responding there were ads in the newspapers, over 90 letters sent out, and they made phone calls to local firms.

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

Commissioner Scarborough stated Prudential brings a great deal of expertise; the recommendation from Spaceport Development Commission is to auction properties; and Mr. Gunter said it may not be good to set a price.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct staff not to proceed with auctions until they test the market for six months.

Commissioner Ellis stated there will be a debt service payment next year; with Commissioner Scarborough responding they want to market the properties; it is good property and drives a good price and it will set a lower price if auctioned. Chairman Cook stated the contract is only for six months and it will have to come back.

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

APPROVAL, RE: SPEED HUMP REQUEST FOR LURA LANE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve installation of speed humps on Lura Lane located on Merritt Island at approximate cost of $3,125. Motion carried and ordered; Commissioner Ellis voted nay.

RESOLUTION OF NECESSITY, RE: CONDEMNATION OF WASTEWATER TREATMENT AND EFFLUENT DISPOSAL SITE

Water Resources Director Richard Martens advised the property is necessary before the County can proceed with permitting for expansion of the plant. He stated it is the fastest growing area, with 80% of the System's growth occurring in that area.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to adopt Resolution declaring the necessity to acquire 240 acres of real property located in Brevard County for expansion of the South Central Regional Wastewater Treatment Plant and Wetlands Disposal System and associated facilities on the property . Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING TAX ABATEMENT APPLICATION FOR MARSHALL MANUFACTURING CORPORATION

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution acknowledging that Marshall Manufacturing Corporation is a qualified existing business planning to expand in Brevard County; requesting the Property Appraiser to provide the Board with the necessary report; requesting the Economic Development Commission to meet and conduct an economic analysis and provide the Board with a recommendation; and authorizing publication of a public hearing notice to consider adopting an exempting ordinance. Motion carried and ordered unanimously.

DISCUSSION AND DIRECTION, RE: EMPLOYEE PERFORMANCE EVALUATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to direct staff to advertise a modification to the Merit System Policy XII, Disciplinary Actions, to include under Dismissal Offense, "An employee who receives three consecutive employee performance evaluations including special evaluations, with ratings of 'sometimes meets expectations' or 'below expectations' shall be mandatorily dismissed from County employment." Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DAVID PETRONI, RE: ASSISTANCE IN ESTABLISHING NEIGHBORHOOD ADVISORY COUNCIL BOARD

David Petroni with Community Housing Initiative, requested the Board's assistance in developing a partnership to lessen the burden of government and help economic development. He requested the Board appoint one person to represent Brevard County on the Neighborhood Advisory Council.

Commissioner Higgs advised there are a lot of organizations helping people; and if the Board appointed a Commissioner to each one, it would be overwhelmed; but if Mr. Jenkins wants to appoint a staff member, that is up to him.

Chairman Cook stated that would be the best approach; and recommended Mr. Petroni discuss it with Mr. Jenkins. Mr. Petroni stated that would be fine. He gave the Board articles on trends going on in Florida regarding age, demographics, etc.

PERSONAL APPEARANCE - ROBI ROBERTS, RE: CHANGE ORDER FOR SR 520 SANITARY SEWER PUMPING STATION

Robi Roberts, President and owner of Stormwater and Underground, Inc., advised she wants to get an issue settled that has been ongoing for two years; her company installed a lift station on SR 520 which was critical to the opening of the Wal-mart Store; and she heard from a very cooperative Department head daily on how she had to meet deadlines even though she encountered things beyond her control. She explained the bid documents requirements; and stated all those things were done except for the wet well which could not be set in a dry condition. She stated when an underground river or stream was encountered, the water could not be controlled in a manner that would allow a dry method installation; her company asked the project engineer for direction and none was received; so her company suggested a tremmie method which was approved. Ms. Roberts advised since the bid documents directed a dry installation and it was not possible, her company should be compensated for the more expensive tremmie method used. She stated soil borings did not indicate that the amount of water encountered was present or the conditions encountered; an emergency existed due to major erosion at the adjacent car dealership and SR 520; the bid documents state if the contractor determines that an emergency exists, he is empowered to act without prior approval; but after the lift station was on line, staff was not concerned about her problems. Ms. Roberts advised she hired an underground water specialist, a soil expert, and an independent engineer, all of whom will state that the conditions she encountered were not present on any document and there was no way she could have known about them. She stated the lift station was on line in October, 1994; on May 10, 1996, she requested $21,000 of her retainage and a few outstanding things; and she still has a balance in retainage of $11,821 on the Contract which is well over two years old. She requested reimbursement of her cost for the tremmie method which impacted her company because she could not do what she bid on. She stated she retained counsel on this, but is appealing to the Board for payment or settlement before going any further with it. Ms. Roberts stated she requested meetings on several occasions, but did not receive any to get the matter resolved, so she brought it to the Board to help her resolve it. She stated if the Board has technical questions about this project, Dan Dansby, Director of Operations for her company, who attended all the meetings with the soil experts and the engineers, is here to answer them.

Water Resources Director Richard Martens advised the Department provided a soil boring on the site before taking bids; staff believes the soil borings were consistent with the conditions encountered during the job and the previous job Stormwater and Underground, Inc. did on the site; and staff asked the company to provide some basis concerning the underground conditions on which to base their claims, but the only response was they were not able to dewater, therefore there must have been a differing site condition. He stated he met with Ms. Roberts every time she asked; he would be willing to consider a reasonable request, but what he has gotten so far has been subjective; and he did not feel it was sufficient basis to bring a request for a claim to the Board.

Chairman Cook inquired if Ms. Roberts can supply the information to Mr. Martens; with Ms. Roberts responding yes, the last meeting was 1994 or early 1995; since then she requested and made phone calls but no one is paying any attention to her. Chairman Cook suggested staff meet with Ms. Roberts, and look at additional information.

Commissioner Scarborough stated she may have to bring suit against the County, but the Board should set a time for it to come back, and in the interim, she can meet with staff to see if it can be resolved.

Discussion ensued on the item coming back to the Board, a change order, overruling staff's recommendations, maintenance bond, and retainage.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to meet with Robi Roberts in an attempt to settle the issues regarding the Contract awarded to her company, Stormwater and Underground, Inc., for Bid #B-2-4-36, SR 520 Sanitary Sewer Pumping Station, and schedule the item for rehearing by the Board. Motion carried and ordered unanimously.

WAIVER OF EASEMENT EXCLUSIVITY FOR PARCEL 251, RE: LENORA FRYE

Gwen Heller explained the situation; and advised that Ms. Frye only asked for one permit, and staff supports limiting it to one dwelling unit.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive provisions of Ordinance No. 96-25 regarding easement exclusivity for Robert and Lenora Frye for only one building permit on Parcel 251 in Sherwood. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT NO. 4 WITH STOTTLER STARMER & ASSOCIATES, RE: COCOA BEACH PUBLIC LIBRARY

Commissioner Higgs advised this item authorizes the engineers to go forward with design services for the additional square footage at Cocoa Beach Public Library, but that is not her issue; the cost for enhancements at $372,000 takes up the full amount of the grant; and she thought the Board discussed that enhancements would go to all the libraries in the enhancement program.

Commissioner O'Brien advised the Friends of the Cocoa Beach Library raised over $270,000 for the library. Commissioner Higgs stated the enhancements do not have funding from the Friends which was for the additional square footage. Facilities Construction Director Joe Vislay advised the Friends provided $225,000. Commissioner O'Brien stated the City paid for the right-of-way from A1A and for drainage, plus an easement. Commissioner Higgs stated a lot of money was spent to buy Brassy's site; and the Board needs to clarify how the grant should be put into the process.

Discussion ensued on drainage improvements, funds for enhancements Countywide, grant funds being used only for those libraries applied for, possible shortage in Eau Gallie Library project funds, preliminary estimates, and all enhancements at Cocoa Beach Library short changing other libraries.

Commissioner Higgs recommended the Board table the item to allow staff to lay out options and other monies that could come back, and be sure the Board is proceeding in a fair manner and understands the policy decisions that were made and the consequence to all the projects.

Commissioner Ellis recommended moving forward with Stottler Starmer for interior/exterior finishes, shutters for the windows, and energy management capabilities for the HVAC. He stated those are integral parts of the design of the building; and the energy system will save money in the long run. He noted there should be a program to put shutters on every library in the County.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Amendment to Agreement No. 4 with Stottler Starmer & Associates, to provide additional design services for Cocoa Beach Public Library, as amended, to include only the lower maintenance interior/exterior finishes, storm protection for exterior windows, and energy management capabilities for the HVAC system. Motion carried and ordered; Commissioner O'Brien voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table the remainder of the item until November 12, 1996, and request the County Manager and County Attorney to bring back items to the Board on the issues involved.

Commissioner Scarborough stated if there are problems the Board will encounter with Eau Gallie Library, it needs to know about it; if there is a legal issue of moving money, the Board needs to talk about that; and he would like to see the big picture rather than just Cocoa Beach Library, because if the Board does one at a time, it will fragment the community. Commissioner Higgs stated the Board needs to clearly understand the impacts of this decision on the system and all the projects.

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

The meeting recessed at 10:12 a.m. and reconvened at 10:25 a.m.

PERSONAL APPEARANCE - JOAN LOWER, RE: FLOW OF STORMWATER AND BACKUP OF WATER ON PROPERTY IN MIMS

Joan Lower advised her property is low and water comes on it when it backs up because it has no- where to go; the ditches are always wet and always have problems with water; and within 15 feet she had 110,000 gallons per minute flowing across her land. She described in detail the problems with flooding and lack of drainage; and stated she wants the road but does not want the water dumped on her property.

Surface Water Improvement Director Ron Jones advised the area is low; there is a 1,200-acre historic drainage basin adjacent to Ms. Lower's property; and the area her home is located in is where the historic slough crossings are. He stated the report by Stottler Starmer & Associates recommended improvements through the entire system; and explained the proposed improvements. He noted there are wetlands downstream and on the other side of I-95 outside of the area the County has control over for maintenance and drainage; and to dry out the ditch, they would have to drain many sections of existing wetlands.

Ron Smith stated he supports the paving of the road and bringing the swale up to standards; Shamrock Road showed it can work wonders on water problems; and renovations of the County drainage easements so water can get away from the road will save the County having to come back. He described the area, drainage problems, and culvert one to two inches higher at one end which could mean more standing water in the swale for longer periods.

Chairman Cook instructed staff to research the culvert problem.

Pat Conner advised the area was ranch land with natural sloughs; and there was supposed to be an easement to create a drainage system from I-95 to Six Mile Creek to filter into the St. Johns River; but he does not think the County obtained the easement. He stated the area is a natural hammock; six inches to one foot of fill would bring it out of low land elevation; the culvert cannot handle the flow of water because it goes above it; and he is not sure EPA or St. Johns District would allow the County to create a stormwater runoff west of I-95. He stated one concern is development of Cougar Ridge to the south; it will bring water into their watershed; and unless there is a culvert under I-95, the development will take the whole basin and fill it up then flow back on residents in Robinson's Subdivision. Mr. Conner stated the road was stopped halfway through the project; it needs to continue; and the County can handle upgrading the drainage system in the area.

Larry Hinkle stated he supports paving of the road, and does not know why it was put on hold; he put money into improving his property because of the road paving project; and the County has an obligation to complete it. He stated he pays too much taxes, so the County owes him something.

Commissioner Scarborough advised the road project was put on hold because of drainage problems and the Road Advisory Committee; staff is studying downstream primarily; and the Road Committee found that the road project should proceed. He inquired if a motion is needed; with Chairman Cook responding no, staff can move forward with the project.

Commissioner O'Brien inquired if the road paving will interfere with the drainage work; with Public Works Director Henry Minneboo responding no, they made all improvements, and went from metal to concrete pipe. Commissioner O'Brien inquired why the project stopped; with Mr. Minneboo responding there was concern from citizens.

Discussion ensued on proposed drainage improvements, permitting, size of pipes, and no ditch system past I-95. Commissioner Scarborough stated staff will have a report to the Board, and they will know by mid-November, 1996 what is proposed to resolve the problem.

PERSONAL APPEARANCE - MICHELLE RYAN, RE: AMENDMENT TO UNPAVED ROAD ORDINANCE NO. 96-25

Michelle Ryan advised she owns two lots at the south end of Ponderosa Road in Valkaria; the road is 910 feet now; it cannot be extended beyond a quarter of a mile or 1,320 feet according to Ordinance No. 96-25; and her property is just beyond that point. She requested the Ordinance be amended so the unpaved road can be extended to one-half mile, and the one-time maintenance fee of $500 be increased to $1,000 with consideration of partial refund, or the money go to defray costs of paving if an MSBU ordinance is adopted within three years.

Commissioner Higgs advised the 1,320 feet limit was established to control the amount of paving and the overall cost to the County; but it would be logical to look at additional maintenance fees and increasing the length of the dirt road in order to allow construction of homes.

Motion by Commissioner Higgs, to direct the County Attorney to draft an ordinance increasing the length of a dirt road, and bring it back to the Board for consideration and potential advertising.

Commissioner Higgs advised Ms. Ryan suggested increasing the maintenance fee; Public Works has suggestions as to what that increase might be; and the Board will need more information from staff as it contemplates the changes to be sure it covers the costs.

Discussion ensued on the $500 current fee, $1,000 suggested fee, how long will the fee support maintenance, construction of a dirt road, regrading swale systems, equitable cost sharing for road paving, less cost for property not on a paved road, not subsidizing road paving, creating a municipal service benefit unit (MSBU) for the road paving, people who buy property on unpaved roads having a concept that the County will eventually pave the road with County funds, unpaved road agreements that specify when half the people have built on a road they will be part of an MSBU, drainage problems may prohibit extending beyond 1,320 feet unless a massive drainage system is installed, a master drainage plan done by St. Johns River Water Management District for the area, and control problems with multiple parcels and multiple owners.

Chairman Cook advised there are other issues involved with this situation; and recommended the item be tabled and staff provide additional information to the Board on how it will impact the County and property owners. Commissioner O'Brien requested transcripts of when the Ordinance was created which should give the reasoning why it was done at 1/4 mile.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to table request from Michelle Ryan to amend Ordinance No. 96-25, Unpaved Road, to increase the road length and maintenance fee, until November 12, 1996; and direct staff to provide more information on the ramifications of amending the Ordinance. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Chairman Cook questioned the $5,000 for GIS operations; and inquired if the services are being duplicated, since GIS was turned over to the Property Appraiser and St. Johns District has its own system; with Assistant County Manager Stephen Peffer responding no, Natural Resources has some GIS equipment purchased under a Department of Environmental Protection grant which was provided to that Department specifically for its operations; in this case they worked with data they needed which is not supplied by the Property Appraiser; but that data is made available to the Property Appraiser so they do not have to duplicate it. Chairman Cook inquired if the amount is for the software to accomplish it; with Mr. Peffer responding they are actually sharing the cost with the Property Appraiser to acquire information.

Commissioner O'Brien advised the County owns a GIS system that is very accurate; and inquired if the information is shared with surveyors to find exact locations on maps; with Mr. Peffer responding he is not sure, but will find out. Commissioner O'Brien stated surveyors charge to do surveys; and if the GIS system has made the cost of performing that task lower, then the County may want to address what surveyors charge to do surveys. County Manager Tom Jenkins advised that is a service the County can sell, except everything is public record so they cannot charge for that information. He stated he will check to what extent private surveyors are using it and to what benefit. Commissioner O'Brien stated if the Board is spending that type of money for the public, then it should also try to save the public money. Mr. Peffer stated GIS cannot provide the same level of detail and certainty that is provided through a survey, so they still need surveyors to do the work. Mr. Jenkins advised staff will give the Board a report.

Chairman Cook inquired if the Property Appraiser has the same license for the software; with Mr. Peffer responding he believes it is a County license, but there may be a number of users who are licensed under that agreement; and he will report back to the Board.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the bills as submitted. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 11:13 a.m.

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

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

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