MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

July 1, 1997

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 1, 1997, at 9:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O?Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Chairman Randy O?Brien.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

County Manager Tom Jenkins advised the City of Palm Bay has requested further discussion on the extension of time for Goode Park; and requested the item be withdrawn.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to withdraw the extension of time for Goode Park Project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of the February 4, 11, 18, 20, and 25, 1997 Regular Meetings and February 27, 1997 Special Meeting. Motion carried and ordered unanimously.

Commissioner Cook advised of the conflict between Suntree election and the Board meeting on July 15, 1997; and explained the problem with his absence to serve on the Canvassing Board.

Chairman O?Brien advised the Board can hold any items directly related to District 4. Commissioner Cook indicated interest in participating in all items. Commissioner Voltz suggested rescheduling the meeting to 5:00 p.m. and having a recess at 6:30 p.m.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve beginning the July 15, 1997 Board meeting at 5:00 p.m. to accommodate Commissioner Cook?s absence to serve on the Canvassing Board for the Suntree Election. Motion carried and ordered unanimously.

Commissioner Voltz advised of a letter from the Florida Association of Counties concerning EPA National Ambient Air Quality Standards; and encouraged the Chairman to send a letter to President Clinton on the issue. Commissioner Cook suggested each Commissioner send a letter individually.

Commissioner Voltz advised she recently attended the Hurricane Conference; and encouraged all new Commissioners to attend.

Chairman O?Brien advised the Brevard County Medical Society presented the Board of County Commissioners a Certificate of Appreciation for leadership in establishing and supporting the We Care Volunteer Physicians Referral Program. Commissioner Cook advised of the amount of medical care provided through the program.

Chairman O?Brien advised he will be going to California with Congressman Weldon, Representative Ball, and Governor Chiles or Lt. Governor MacKay to meet with McDonnell Douglas officials and discuss bringing jobs to the County.

Community Development Administrator Peggy Busacca requested the Board consider a letter indicating the County?s willingness to enter into interlocal agreements with the City of Titusville or the City of Cocoa to expedite development of the project, and an item concerning fees.

Commissioner Scarborough clarified the intent of his motion on June 26, 1997 was to match the City of Titusville?s proposal, and that it be reflected in all the fees. Commissioner Voltz advised that was the intent of her second.

Commissioner Cook expressed concern about committing to interlocal agreements which the Board has not seen. Ms. Busacca advised the intent is to indicate willingness to work out the issues so there could be one development standard for the site. County Manager Tom Jenkins suggested wording to indicate that the Board agrees to enter into negotiations, rather than obligate to content. Commissioner Scarborough advised the City of Titusville made a similar offer, and the prospect has an option of choosing with whom they work. Commissioner Cook noted the City of Cocoa has not expressed an interest in an interlocal agreement, and the site lies completely within the County.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to clarify the intent of the motion on June 26, 1997 was to have the same fee reduction as the City of Titusville to allow the prospect to work with the County or the City, as it prefers; and authorize entering into negotiations with the City of Titusville or the City of Cocoa for an interlocal agreement.

Commissioner Higgs requested the two issues be split into two motions; and advised she did not support the reduction in fees the first time because it was too extreme, but would support negotiating an interlocal agreement.

Commissioner Scarborough advised the people of the County have voted for tax abatement; impact fees have been reduced; and now the Board is talking about permitting fees. He stated when the Board talks about industrialization, it is talking about an overall tax base; and explained the ramifications. Commissioner Cook concurred with doing everything possible to encourage the process to go forward.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to clarify the intent of the motion on June 26, 1997 was to have fee reduction on the same basis as the City of Titusville.

Commissioner Higgs explained she supports bringing industrial activities, but the degree of fee reduction is not necessary.

Chairman O?Brien advised of support for the opportunity to create a higher tax base. Chairman O?Brien called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize entering into negotiations with the City of Titusville or the City of Cocoa for an interlocal agreement, to allow the development process to be handled by one agency. Motion carried and ordered unanimously.

Chairman O?Brien advised last month the Board directed him to personally take the Manatee Protection Plan to the Department of Environmental Protection in Tallahassee, but it would be better to mail the Plan to DEP for review, and then arrange a meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize transmittal of the Manatee Protection Plan to the Florida Department of Environmental Protection for review. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize Environmental Services Administrator Stephen Peffer to prepare a letter requesting a meeting with FDEP after it reviews the Plan. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Stone Lake Subdivision, Phase I, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with Malabar Lake West Properties, Inc. guaranteeing infrastructure improvements in Malabar Lakes West Subdivision, Phase 1A. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with Commonwealth Development Company guaranteeing infrastructure improvements in Meadow Lake Subdivision. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Farm & Grove Realty Company for construction of Log Cabin Lane to the standards of Ordinance No. 97-02 in existing County right-of-way. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Mike O?Brien for construction of Garvin Lake Drive Extension B to the standards of Ordinance No. 97-02 in existing County right-of-way. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with The Spanish Cove at Suntree Homeowners Association, Inc. assuming maintenance responsibility for Spanish Cove Drive and Palm Brook Drive within the Spanish Cove Subdivision, converting those roads from private to public rights-of-way. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve removal of one Motorola cellular telephone, Property Record No. D215-0128, from the inventory of Code Enforcement property. Motion carried and ordered unanimously.

DEVELOPMENT PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Memorandum of Agreement with the Office of Tourism, Trade and Economic Development, to participate in procedures which streamline, consolidate and expedite the review process for significant economic development projects while maintaining existing environmental protection. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Final Release with Post, Buckley, Schuh & Jernigan for reconstruction of Pond "A" in Wickham Road Phase IV. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract #1 with Gibbs & Register, Inc. for Cone Road/South Tropical Trail pedway project, increasing the contract price by $2,059.51; and approve final payment in the amount of $19,326.57. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract Modification #1 with The Watauga Company decreasing contract price by $2,738.90; and approve final payment in the amount of $17,389.40. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Interlocal Agreement with the City of Melbourne for construction and installation of the potable water system in the Flora & Fauna Water Municipal Service Benefit Unit. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to initiate foreclosure proceedings against properties within municipal service benefit units which have defaulted on paying the levied special assessment liens. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with City of Melbourne for use of overflow parking lot at the South Brevard Service Complex. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to bid replacement of the gas hot water boilers in Pods A, B, C, and D at the Brevard Detention Center, and award to low qualified bidder. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize safety hazards pay for non-LIUNA, Public Works Department/Facilities Management employees who work

at the Detention Center/Jail, effective April 5, 1997, consistent with the LIUNA Labor Agreement. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to disassemble, remove and sell old boiler room equipment which formerly served the Titusville Courthouse Complex; appoint Selection Committee consisting of Facilities Management Director Hugh Muller, Property Control Supervisor Roger Donnelly, and Skilled Trades Supervisor II for Facilities Management Larry Hensley or their designees; and authorize advertising an RFP for removal of the equipment. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 4 with PAVCO Construction, Inc. increasing contract amount by $11,418.83 for dormitory modifications at the Brevard County Detention Center. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 5 with P. W. Hearn, Inc. increasing contract amount by $8,568 for construction of renovations and additions to the Merritt Island Public Library. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve special sports bid fee grant to Space Sports Promotions in the amount of $10,000 for 1997 Amateur Athletic Union Boys Basketball Championship Games; and execute Memorandum of Understanding to include terms of reimbursement within six months after the 1997 event. Motion carried and ordered unanimously.

COLLINS, INC.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution stating that Rockwell Collins, Inc. is a qualified expanding business in Brevard County, requesting the Property Appraiser to provide the Board with the necessary report; requesting the Economic Development Commission to conduct an economic analysis and provide the Board with a recommendation of Rockwell?s tax abatement application; and authorizing advertising a public hearing to consider adopting an exemption ordinance for August 12, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 1 with Santa Cruz Construction, Inc., increasing contract amount by $12,215.80 and time by 19 days for Madison swimming pool renovation. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 3 with Saturn Builders of Brevard, increasing contract amount by $515.51 for demolition and removal of additional termite damaged beams at the Fox Lake Pavilion; and approve final payment of $10,941.06 to Saturn Builders of Brevard for completion of the project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to rescind Resolution No. 96-317 and Conservation Easement to St. Johns River Water Management District for park development at Manatee Cove adopted on November 12, 1996; and adopt revised Resolution and Conservation Easement correcting Exhibit A legal description number 2. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve final payment of $18,450.04 to Priority 1 Construction of Brevard, Inc. for the Kiwanis Island Community Center Re-roofing Project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Architects in Association, Rood and Zwick, Inc. in the amount of $32,550 for professional services for the South Mainland Community Center. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with the Titusville Police Athletic League, Inc. (PAL) for use of the PAL bus by the County and use of the County bus by the PAL. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve increase of $6,000 to Purchase Order #418502 to cover purchase of retail merchandise from FootJoy Products for The Habitat, Savannahs and Spessard Holland Golf Courses. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Budget Change Request revising the 1996-97 Byrne Grant allocations by a total of $37,016.47 for the State Attorney and Court Alternatives Drug Court. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise a public hearing on August 12, 1997 to consider adoption of the 1997 Transit Development Plan for Space Coast Area Transit. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment #001 to Rate Agreement with Florida Department of Children and Family Services Developmental Services Program for SCAT service to developmentally disabled citizens. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment to Fixed Price Interlocal Agreement with University of South Florida, Center for Urban Research to extend the current Agreement to September 20, 1997, to allow for completion of production of the five-year Transit Development Plan. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment No. 2 to SWIM Contract with St. Johns River Water Management District for rehabilitation of impounded salt marshes. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute the Mosquito Control Department?s Tentative Detailed Work Plan Budget for FY 1998. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise a public hearing for July 22, 1997 to consider an ordinance modifying regulations governing the use of reclaimed water. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to award Bid #B-2-7-64 to H&H Liquid Sludge Disposal, Inc. for treatment and disposal of biosolids at $27.02 per cubic yard; and execute Agreement with the successful bidder for the service. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Revised Policy BCC-1, Travel, designating the Board as the authority to approve a travel allowance. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve naming the renovated building at 1040 South Florida Avenue in Rockledge the Public Safety Center. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution supporting location of McDonnell Douglas Aerospace in Brevard County. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve sufficiency of Public Officials? Bonds for the Tax Collector, Property Appraiser, Sheriff, Supervisor of Elections, Clerk of Courts, County Manager and Commissioners for Districts 1 through 5. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Florida Department of Management Services, Division of Communications, for SUNCOM network services. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to acknowledge receipt of proposed budgets for FY 1997-98 from the Sheriff, Supervisor of Elections, Clerk of Courts and Property Appraiser. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept the Investment Activity Report ending April 30, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to acknowledge State of Florida, Office of the Auditor General?s Audit Number 13000 for Brevard Community College District Board of Trustees for Fiscal Year Ending June 30, 1996, pursuant to Section 11.45(8), Florida Statutes. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to acknowledge receipt of the Baytree Community Development District?s proposed Budget for FY 1997-98. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint/reappoint the following: Del Wiese to the Access to Government Information Committee, Emil Svatik to the Planning and Zoning Board, Karen Kirkland to the Rotary Park at Suntree Community Committee, and Scott Sorenson to the Economic Development Commission of East Central Florida. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider a resolution vacating parks in Plat of Kelly Park as petitioned by Francis K. Grooms.

County Surveyor Beverly Sutphin requested the item be continued as additional information needs to be shared with the Board.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing to consider a resolution vacating parks in Plat of Kelly Park as petitioned by Francis K. Grooms to July 22, 1997. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10 as petitioned by John D. and Joan G. Baker.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10 as petitioned by John D. and Joan G. Baker. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Relm Communications, Inc.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt an Ordinance granting an economic development ad valorem exemption to Relm Communications, Inc., 7505 Technology Drive, West Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012(16); providing for proof of eligibility for exemption; providing for an annual report by Relm Communications, Inc.; providing an effective date.

Economic Development Director Greg Lugar requested the Ordinance also include real property as well as tangible personal property.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to amend the motion to include real property and tangible personal property.

Chairman O?Brien called for the motion as amended. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Cramaro Tarpaulin Systems, Inc.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt an Ordinance granting economic development ad valorem exemption to Cramaro Tarpaulin Systems, Inc., 265 Barnes Boulevard, Rockledge, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012(15); providing for proof of eligibility for exemption; providing for an annual report by Cramaro Tarpaulin Systems, Inc.; providing an effective date. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Smart Choice Automotive Group, Inc.

Economic Development Director Greg Lugar advised staff asks all other permitting and environmental agencies if there are any situations the Board should be aware of; and St. Johns River Water Management District has found points of non-compliance to Smart Choice Automotive?s existing permit. He stated Mr. Moore of Smart Choice hired an engineer to work on correcting the points of non-compliance, and they are close to having the improvements completed.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing to consider an ordinance granting economic development ad valorem exemption to Smart Choice Automotive Group, Inc. to July 8, 1997. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider an ordinance granting economic development ad valorem exemption to MSI of Central Florida, Inc.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance granting economic development ad valorem exemption to MSI of Central Florida, Inc., 345 East Drive, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012(16); providing for proof of eligibility for exemption; providing for an annual report by MSI of Central Florida, Inc.; providing an effective date.

Commissioner Cook noted the item says up to 15 new employees, but the application says 10 to 15; and inquired if it would be 10 employees at a minimum; with Mr. Lugar responding that is correct, and is the requirement of the Florida Statutes.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider an ordinance adopting remedial amendments to satisfy Stipulated Settlement Agreement with Department of Community Affairs.

Charles Moehle, representing Modern, Inc., advised the document the Board is considering is supposed to be the same as the one approved in March, 1997 with no changes; but there was a change on page 2 of 6. Planning Section Manager Mel Scott explained the change was the result of a typographical error. Mr. Moehle advised the Stipulated Settlement Agreement contains different wording; and inquired if there was a change of intent; with Mr. Scott responding the language reflects the DCA form with no substantive changes. Mr. Moehle expressed support for the amendments.

Margaret Hames read aloud a statement from Clay Henderson, President, Florida Audubon Society; Janice Broda, President, Florida Native Plant Society; Cameron Donaldson, President, Conradina Chapter of the Florida Native Plant Society; Mary Todd, Conservation Chair, Turtle Coast Sierra Club, and Diane Stees, Conservation Chair, Indian River Audubon Society expressing concern about the amendments.

Commissioner Cook advised the changes are minor; and explained his support. He noted if the impact to wetlands is greater than is foreseen, the Board can readdress the issue. He expressed frustration at newspaper stories which are inaccurate.

Commissioner Higgs advised the initial motion took the County out of the wetlands business, and that is what caused concern. She explained her concerns about the way future land uses are addressed in the amendments.

Commissioner Cook advised the LPA passed the amendment 8 to 1; and the original intent was to provide for isolated areas such as that behind Merritt Square Mall. He stated the language which was added is stronger than what was existing. Commissioner Scarborough agreed with Commissioner Cook, and explained his support.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Cook, to adopt an Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled "The 1988 Comprehensive Plan", setting forth a remedial plan amendment to the Comprehensive Plan; amending Section 62-501 entitled contents of the plan; specifically amending the Glossary, Conservation and Future Land Use Elements, and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date; and to recognize that the data analysis and staff report which support the motion are based on the quad maps and the research contained in them. Motion carried and ordered; Commissioner Higgs voted nay.

Chairman O?Brien called for the public hearing to consider temporary use agreement with Betty K. Zotich, Clarence Spradling, et al, and Ranger Construction Industries, inc. for temporary field office during reconstruction and widening of Dairy Road.

Barbara Roberts and C.E. Spradling declined to comment.

Growth Management Director Susan Hann advised the Board previously received a letter of objection from an adjacent property owner, Judith Burke; Ranger Construction has agreed to provide the privacy fence Ms. Burke requested; and Ms. Burke has withdrawn her objection.

There being no further comment or objection, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to execute Temporary Use Agreement with Betty K. Zotich, Clarence Spradling et al, and Ranger Construction Industries, Inc. for a temporary field office during reconstruction and widening of Dairy Road, with the stipulation that Ranger Construction will construct a privacy fence. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider resolution of legal action in Brevard County v. G&S Construction, Inc. and Rood & Zwick.

There being no comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to authorize settlement of all claims in Brevard County v. G&S Construction, Inc. and Rood & Zwick for construction defects in the Satellite Beach Public Library in the amount of $150,000. Motion carried and ordered unanimously.

Commissioner Cook inquired if it would be possible to construct a building for what it costs to renovate. County Manager Tom Jenkins advised the cost of the renovation was estimated at $24 a square foot. Discussion ensued on the cost of renovation versus the cost of construction.

Chairman O?Brien expressed concern about spending close to $1 million renovating for the State Attorney. Commissioner Cook advised of the difficulty of getting a straight bid, and the need for another way to do it. Mr. Jenkins advised the work will be quoted; and the figures could be less. Chairman O?Brien inquired what is being done to keep costs down; with staff advising of reuse of doors. Mr. Jenkins explained the need for individual offices for Assistant State Attorneys. Discussion proceeded on the doors, cost of new construction for the State Attorney, need for privacy for client/attorney consultations, and reduction of renovation costs.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Amendment No. 1 to Agreement with Mach III Design/Build, Inc. for construction management services for office renovations to Building D at the Government Center, based on a guaranteed maximum price of $944,294.

Chairman O?Brien inquired if the State is paying for any of the renovation; with Mr. Jenkins responding the County is required to provide facilities for the State Attorney in conformance with State standards.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve marketing proposals of the Space Coast Development Commission and Economic Development Commission for selling Spaceport Commerce Park. Motion carried and ordered unanimously.

Commissioner Scarborough advised the Canaveral Groves Homeowners Association unanimously voted in opposition; and until there is more support from the community, the County?s efforts could be expended in better places.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to deny the request of Hans Saurenmann for assistance with certain aspects on an incorporation study for Canaveral Groves. Motion carried and ordered unanimously.

Environmental Services Administrator Stephen Peffer advised of changes to the Florida Statutes such that aquaculture leases are no longer prevented from going to the Governor and Cabinet for approval by a Resolution of Objection from the host Board of County Commissioners. He stated the State has notified the County of its intent to continue the process to move the pending leases forward. He noted the lease applications and conditions comply with the natural resources protection features which the Board wrote into its plan, as well as most of the economic and/or lease condition areas. He advised of the areas which differ from the Board?s intent; and outlined the Board?s options.

Mark Berrigan, representing Department of Environmental Protection, Division of Marine Resources, advised the State has been requested by the applicants to move forward with the leases, and under the current Statutes has no choice but to move ahead. He explained the process to go before the Board of Trustees. He stated there are few elements of the Aquaculture Lease Plan which he would not recommend to the Board of Trustees; and the lease fees and renewal provisions would be inconsistent with those applied to other lessees throughout the State. He advised DEP staff will make recommendations to the Board of Trustees which are consistent with the Brevard Aquaculture Lease Plan; and if the County wishes to make additional recommendations, there are mechanisms to do that. He noted even with the Resolution of Objection, the lease applications will proceed.

Commissioner Higgs inquired if the percentage of open shellfish water will be capped. Mr. Berrigan responded the cap is presented in the Aquaculture Lease Plan; it shows a total of 520 acres; and it would include 44 current applications plus a number of additional applications to fill out the high density lease areas. Commissioner Higgs inquired if the intent is not to exceed the percentage of lease land outlined; with Mr. Berrigan responding he does not know if it is set up on a ratio basis, and the numbers were reached based on the available acreage in Bodies A, C, and F. Mr. Peffer explained Table 1 on page 19 and how it was developed. He noted before the County looks at additional high density lease areas, it would be necessary to remove other acreage from the total.

Chairman O?Brien explained his concern about the County?s liability in terms of cleaning up dead clams. Mr. Berrigan advised the State would take responsibility for the cleanup. Chairman O?Brien expressed concern about law enforcement protection of the leases; stated that is why the County desired a surcharge to fund additional law enforcement; and if the County is not going to receive funding, it will not be able to build boat ramps for commercial clammers or provide law enforcement. Mr. Berrigan advised he understands the funding problems. Chairman O?Brien stated the Department of Environmental Protection should pressure the Legislature to fund the Florida Marine Patrol to protect the leases in State waters.

Phyllis Woodford requested support for the shellfish farmers.

Commissioner Higgs explained her support of option 2.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to prepare a Resolution for the Chairman?s signature rescinding the original Resolution of Objection for 37 proposed aquaculture leases and objecting to 44 proposed aquaculture leases, noting where the 44 leases do not meet the adopted Brevard County Aquaculture Leasing Plan.

Commissioner Cook explained his support of the motion; and expressed concern about the length of the leases and the fee structure. Commissioner Voltz advised option 2 is not supporting business in the community; and explained her support of option 3. Commissioner Scarborough expressed concern about the term of the lease; outlined problems with long-term leases; and explained his support of the motion. Commissioner Cook reiterated his concerns. Commissioner Voltz advised the Legislature passed a law; the County cannot engage in setting lease terms or fees; and explained the difference between options 2 and 3. Chairman O?Brien reiterated his concerns about cost and subleasing.

Mr. Peffer recommended the motion include direction to staff to prepare a resolution for the Chairman?s signature. Commissioner Cook requested the motion include the ability for staff or a Commissioner to address the Governor and Cabinet when the leases come before them.

Commissioner Higgs amended the motion to include direction to staff to prepare a resolution and permission to address the Governor and Cabinet or the Cabinet Aide. She advised she is willing to go to Tallahassee to represent the Board?s position.

Chairman O?Brien called for a vote on the motion to direct staff to prepare a Resolution for the Chairman?s signature rescinding the original Resolution of Objection for 37 proposed aquaculture leases and objecting to 44 proposed aquaculture leases, noting where the 44 leases do not meet the adopted Brevard County Aquaculture Leasing Plan, and grant permission for the Chairman or a Commissioner to address the Governor and Cabinet to present the Board?s position. Motion carried and ordered; Commissioner Voltz voted nay.

The meeting recessed at 10:45 a.m. and reconvened at 10:56 a.m.

Chairman O?Brien advised 78% of the residents expressed support for speed hump installation on Date Avenue.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve installation of two speed humps on Date Avenue in Merritt Island.

Commissioner Voltz advised the criteria for speed hump installation was not met; however, due to the percentage of speeders, she will support the motion. Commissioner Cook stated speed humps should be a last resort as they create problems for emergency services vehicles. Chairman O?Brien advised the road is used as a shortcut through a residential area, and there has been excessive speeding.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

Economic Development Director Greg Lugar advised in 1996, nine companies received tax abatements through County Ordinances; of the nine, three either did not make improvements or have not provided reports; and recommended steps be taken to repeal those Ordinances. He stated there are two other companies which have made the improvements and increases; however, they are not at the levels which were indicated on their tax abatement applications; and suggested more time be provided to determine if the companies have increased employment levels since the time the reports were submitted.

Commissioner Cook stated the Agenda Report recommends advising the companies they have 60 days to provide evidence of meeting the requirements or to request an appearance before the Board to show cause why the exemption should not be revoked; and inquired if the County Attorney requested that provision. County Attorney Scott Knox advised he suggested that provision. Commissioner Cook noted when the exemption is revoked, it is at a public hearing. Mr. Knox explained his recommendation of the provision.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to acknowledge Annual Reports made by those companies which received tax abatements in the previous year; direct staff and the County Attorney to repeal tax exemption Ordinances for companies which are no longer eligible to receive the tax saving; and approve an option to appear before the Board of County Commissioners to show just cause why the exemption should not be revoked for those companies which have not fully complied with their original application. Motion carried and ordered unanimously.

Solid Waste Management Director Richard Rabon advised Soil Savers, Inc. has developed a proprietary technology for treating contaminated soils, and approached the County to seek its interest in participating in a joint partnership, using property adjacent to the Central Brevard Landfill to treat the soils. He stated Soil Savers, Inc. has requested a letter of interest; and explained the process and the reason for the public/private partnership. He advised the details will come back to the Board in the form of an agreement.

County Manager Tom Jenkins stated no one else currently provides this type of service in the County; it would provide an alternative revenue source; and the company does not treat hazardous materials.

Commissioner Cook inquired if the County Attorney reviewed the letter of interest; with Mr. Rabon responding no. Commissioner Cook inquired why there should be a letter of interest instead of a proposal; and expressed preference for an RFP.

Ed Perkinson, representing Soil Savers, Inc., advised of work in Dade County; and explained why the company desires to set up a permanent facility in the County. Commissioner Cook inquired why the company wants a letter of interest and would it be willing to submit a proposal; with Mr. Perkinson responding the company wanted to be sure the County was interested in Soil Savers? process, but it would be willing to submit a proposal. Commissioner Higgs inquired if there would be any disadvantage to approve advertising a request for proposals from those interested in this type of work; with Mr. Perkinson responding that would be fine. Mr. Rabon advised there are a number of technologies; some of them involve incineration and other processes with environmental side effects; but an RFP could be structured with evaluation criteria. Mr. Perkinson advised there are only two approved technologies for contaminated soils; one is used by Soil Savers; and the other involves a burner. Commissioner Cook expressed desire for an RFP to come back to the Board. Mr. Perkinson advised part of the proposal is to take on 100% of the financial responsibility; and the County would have no financial risk. Commissioner Cook advised the Board has to be sure it does not exclude anyone.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize staff to prepare a Request for Proposals for treatment of hydrocarbon contaminated soils, and bring it back to the Board.

Commissioner Voltz inquired if Mr. Rabon was looking at the Soil Savers? process rather than just someone to clean dirt; with Mr. Rabon responding staff was impressed with the technology involved with the process because of the by-products, carbon dioxide and water. Commissioner Voltz inquired if anyone else is doing this process; with Mr. Rabon responding not that he knows of.

Chairman O?Brien stated he cannot support the motion; it is a new technology; the County would make money; and going out for RFP is a costly, time consuming process which is unnecessary at this time.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered; Commissioners O?Brien and Voltz voted nay.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Policy providing for a sunset review of programs, services, Ordinances and regulations. Motion carried and ordered unanimously.

Commissioner Cook stated the intent is to encourage small and medium size companies to compete with larger firms for County business; but the Board needs to address the bonding requirements which can be onerous. He questioned authorizing the County Manager to release final retainage; and advised of a previous experience. County Manager Tom Jenkins advised if there are any deviations from the terms of the agreement, it would come to the Board.

Commissioner Scarborough advised of previous problems with bonding companies; and explained the ramifications. He stated he is not satisfied with the policy; and requested the issue be tabled to allow the Board to get information on procedures used by lenders in the community.

Commissioner Voltz requested something be done about the turnaround time for people to get checks from the Finance Department. Chairman O?Brien explained a fast pay process which can result in payment in 30 to 45 days rather than 90 to 100 days. Commissioner Cook suggested the Board encourage the Clerk to look into a fast pay process.

Commissioner Higgs advised the same issues arise in the private sector in terms of subcontractors getting paid; and it is important to get payment in a reasonable fashion in order to encourage people to bid on public projects. She recommended looking at the big picture to make things efficient while still protecting people. Commissioner Scarborough reiterated his desire to look at the procedures banks are using to deal with the same problems. Commissioner Higgs advised of dangers in getting between the general contractor and the subcontractors.

Clarence Rowe recommended the County reconsider hiring a consultant with a variety of expertise;

advised of shortcomings of task forces; and outlined past problems.

County Attorney Scott Knox stated there were difficult times in getting the subcontractors paid for the fire stations; but some things could be done in the context of the contract to protect the subcontractors.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of construction project contract requirements impacting small and medium size companies to July 22, 1997. Motion carried and ordered unanimously.

Arnold Brenner advised his statements to Assistant County Attorney Shannon Wilson were incorrect. He stated the leash law is made to be abused; and outlined his problems with a neighborhood dispute. He advised he has walked his dog off the leash for five years; outlined his efforts to get more information on animal control; and expressed concern about his neighbor?s threats, intimidation, and stalking. He stated the leash law is used against others for reasons other than animal control; and explained how affidavits result in issuance of citations, whether the complaint is valid or not. He advised he has no protection; there should be no leash law; what restraints are required on animals should be specified; and advised of laws in other counties. He stated his written submittal outlines how Animal Control could be improved; and offered his services to assist the County.

Commissioner Cook expressed concern about one affidavit resulting in a citation; and requested staff look into that.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to investigate use of the Animal Control Law to harass neighbors and whether one affidavit is sufficient

to result in a citation, and report to Mr. Brenner and the Board within 60 days. Motion carried and ordered unanimously.

Commissioner Cook inquired if there is currently a proposal to close the ramp to motorized boats; with Parks and Recreation Director Charles Nelson responding no. Mr. Nelson advised during preparation of the Manatee Protection Plan, an option was considered to close the Port St. John ramp and construct a ramp at Manatee Hammock Park, but the North Area Advisory Board did not recommend the option, and it is not included in the Plan.

Commissioner Scarborough stated he has not spoken to anyone on the Advisory Board; he read something from Port St. John which reported that the Board was considering closing the ramp; and the people may be under the impression that is still under discussion by the Board. He suggested Mr. Nelson communicate to Randy Rodriguez that the Board is no longer discussing the option.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct Parks and Recreation Director Charles Nelson to meet with the Chairman of the Port St. John Dependent Special District Advisory Board and advise him that the Board is no longer discussing the closing of the Port St. John boat ramp to motor boats, and inquire if the Advisory Board desires to have the ramp closed. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant permission to schedule an executive session for July 8, 1997 for the purpose of discussing Pinter v. Brevard County. Motion carried and ordered unanimously.

Joan Lord expressed concern about the lack of lifeguard coverage on Brevard beaches. She advised of need for protection from April through October; and requested the Board protect its residents and the tourists.

Commissioner Voltz advised of complaints about the lifeguard situation at Paradise Park.

Management Specialist II Randy Jackson advised there are now towers at Paradise Beach; and explained towers were lost during last year?s hurricane season. He advised most of the staff are students; and new personnel is coming on this week to supplement staffing levels.

Commissioner Voltz advised her staff spoke with several lifeguards who had been there between five and ten years who are not students; lifeguards come back on a yearly basis; and the County should start early to get personnel. She advised of the need for a longer period for lifeguards and the responsibility of the County to protect people. Mr. Jackson advised the majority of the lifeguards come back year after year until they finish college, and then they find other employment, because the lifeguards are only employed for six months of the year. Commissioner Voltz advised the County should have lifeguards for a longer period; and the problem needs to be addressed.

Commissioner Higgs agreed there have been implementation problems that need to be solved; and expressed concern about the need for expansion of the time period for lifeguards. She requested staff report on how in this year?s budget for lifeguard coverage can be increased on a beach in each regional area for a longer time period; and suggested the April to October timeframe.

Commissioner Voltz inquired about the current schedule; with Mr. Jackson responding the beginning was in March, weekends only, and coverage will end at Labor Day. Commissioner Voltz noted Labor Day is not when the warm weather stops.

Commissioner Cook expressed desire to see additional measures the municipalities could take to participate in funding. He inquired what the new classifications will accomplish; with Public Safety Director Jack Parker responding former lifeguards indicate the salaries are stagnant and have not been adjusted for some time, and it is not worth the effort of being an ocean lifeguard which is more difficult than being a pool or lake lifeguard. Commissioner Cook inquired if Ocean Lifeguard Lieutenant is a supervisory position; with Mr. Parker explaining the various classifications. Mr. Parker advised lifeguards who return to duty at Brevard County beaches will receive an extra twenty-five cents per hour.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve creation of new job classifications, Lifeguard III, Lifeguard Lieutenant II, Lifeguard Lieutenant III, and Lifeguard Captain III; approve the pay structure retroactive to June 1, 1997 as follows: Ocean Lifeguard I at $7.00 per hour, Ocean Lifeguard II at $7.25 per hour, Ocean Lifeguard Lieutenant II at $7.50 per hour, Ocean Lifeguard Lieutenant III at $7.75 per hour, Ocean Lifeguard Captain II at $8.00 per hour, and Ocean Lifeguard Captain III at $8.25 per hour; and direct staff to report to the Board on expanding lifeguard service and financial assistance from appropriate municipalities.

Discussion ensued on funding the expansion.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Cook inquired if it is necessary to hire a consultant to obtain a conditional use permit for the Sarno Road Expansion property or could it be done in-house. Solid Waste Management Director Richard Rabon advised the work will be to obtain a variance in height for the property for possible placement of the new Melbourne Transfer Station; there will be significant questions from the City of Melbourne; it will be necessary to do investigations and engineering studies which will be used in site planning and design of the facility; and any money spent at this time would have to be spent later in the process. Commissioner Cook stated there is a County Department to do each of the tasks; and expressed desire to do the job in-house rather than spending up to $60,000. Mr. Rabon advised as much will be done in-house as possible; and outlined the scope of the work. Commissioner Cook stated the consultant will subcontract all the tasks and take a carrying charge; it would be more cost effective to do everything possible in-house; and requested staff investigate what can be done in-house.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table consideration of Task Order No. 97-04 with Post, Buckley, Schuh & Jernigan, Inc. to July 22, 1997. Motion carried and ordered unanimously.

Chairman O?Brien passed the gavel to Vice Chairman Helen Voltz, and his absence was noted at this time.

Commissioner Cook inquired about would be the benefit of having an in-house legal services plan. Human Resources Director Frank Abbate stated the Committee heard one presentation, and looked at it as an option through an RFP process where all vendors would be given an opportunity to see if there are any plans that would be advantageous for employees who desire to participate; but there was no determination as to the level of benefit or firm commitment to the program. Commissioner Cook advised he is not aware of any other counties that participate in such a program, but has no problem gathering information; and noted there is a financial impact.

Vice Chairman Voltz inquired what percentage of the employees are interested in the program. Mr. Abbate advised the firefighters have expressed interest in pre-paid legal services.

Commissioner Cook advised of the availability of the service on a private basis; and inquired why it should be a payroll deduction when the service is already available. Commissioner Higgs stated the Committee reviewed the potential benefit, and it is worthy of getting the RFP out to see what the services may be.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the recommendation of the Employee Benefits Advisory Committee, and authorize advertising an RFP for a pre-paid legal services plan to be funded by voluntary payroll deduction contributions from employees who elect to participate; and appoint the Committee as the Selection Committee to review proposals and make a recommendation to the Board.

Commissioner Scarborough stated the value will be based on the pool of attorneys, and he would like to insure a good pool of attorneys. Commissioner Cook advised he has not gotten input from County employees; and when the Board puts something forth as a payroll deduction, it is as though it is endorsing it.

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

Linda Johnson, representing Chapman Schewe, stated the company is an advocate for the County; and expressed concern that the decision to go forward with RFP may be premature. She stated Aetna is performing according to the Contract; and explained the issue of re-contracting. She stated only five of 325 specialists have formally terminated their contracts, and two were retirements. She stated it is not necessary to do the RFP at this time; but Chapman Schewe can assist with the RFP, and turn it around in a 30-day timeframe.

Commissioner Scarborough stated the continuation of fees to Chapman Schewe is dependent on continuation of the Aetna contract, and it is not correct to say there is no vested interest. He inquired when the Board will know who the pool of doctors will be; with Ms. Johnson responding there is an indefinite deadline at this time. Commissioner Scarborough expressed concern about not knowing who will be in the pool and putting employees at risk.

Barbara Deisel, representing the Tax Collector, stated Aetna has hired Chapman Schewe; the problem in North Brevard is that the doctors are not going to sign the contracts; and the reason only five have terminated their contracts is because they just got their contracts this week. She noted she asked why specialists were targeted first; the primary care providers (PCP) should have been done first because an HMO member cannot go to a specialist until he or she has seen a PCP; the directory in North Brevard is going to change significantly; and doctors are indicating they will not be taking Aetna patients any more because they are voiding their contracts. She expressed desire to have the option of RFP; and noted Aetna refuses to give information on which doctors will be in the pool. She stated the timeframe is running out; and she does not want Aetna next year.

Commissioner Cook stated there are significant concerns; he talked to a representative of Chapman Schewe; and the indication is that most of the problems could be resolved within 30 days. He inquired if they were not resolved, would there still be time to go out for RFP; with Mr. Abbate responding no. Mr. Abbate explained the timeframe. Commissioner Cook inquired about the cost. Mr. Abbate responded there has been no recommendation to terminate the Contract with Aetna and look at a different carrier; the RFP is being done on a contingency basis to provide the Board with options in case there is a significant change in the network, or Aetna is unable to get contracts in place with the hospitals, or there is a significant increase in PPO costs. Commissioner Cook advised some people are happy with the County Plan while others are not, and what is needed is consistency.

Commissioner Scarborough advised of problems with Humana; and stated he would be more comfortable going ahead.

Motion by Commissioner Scarborough, to approve the recommendation of the Employee Benefits Advisory Committee to conduct an RFP process for health care providers on a contingency basis.

Vice Chairman Voltz advised of her experience in the City of Palm Bay; and explained the problem in going out for a new carrier too often. Commissioner Cook stated there was concern about substantial cost increase; and it was recommended the RFP be case specific. He stated the issue is where the employees would get care. Commissioner Scarborough stated last time the Board wanted to be sure all hospitals were included; and inquired if the RFP would come back to the Board. Mr. Abbate advised a meeting is scheduled with the Committee for July 9, 1997, and the Board could consider it at the July 22, 1997 meeting.

Commissioner Higgs seconded the motion.

Commissioner Cook inquired if any of the concerns have been addressed to Aetna Vice President Scott Murphy; with Mr. Abbate responding it has been addressed with Aetna representatives and the Regional Manager. Commissioner Cook suggested going to the larger Southeastern Office. Commissioner Higgs agreed that Mr. Abbate contact the Vice President to advise of the County?s concerns about the network. Mr. Abbate responded he will be happy to do that.

Commissioner Scarborough amended the motion to include direction to Mr. Abbate to contact the Aetna Vice President at the Southeastern Office to advise of the County?s concerns. Commissioner Higgs accepted the amendment as seconder.

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

Commissioner Cook advised he conferred with the County Attorney, and this is the best deal the County can get.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize settling all outstanding claims for attorneys? fees and costs regarding Brevard County v. Canaveral Properties (Grissom Road), for total sum of $442,000. Motion carried and ordered unanimously.

Commissioner Cook inquired if the authorization to settle is for contingency purposes only; with Human Resources Director Frank Abbate responding it is for mediation on an appellate level where the County has already reached its retention level. Mr. Abbate advised all the money the County was to pay has been paid; and the money in question is the reinsurer?s. Commissioner Cook inquired who will be negotiating the settlement; with Mr. Abbate responding the reinsurer with the attorney, and they will be given the authorization to settle.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize Risk Management, through Gallagher Bassett Services and John Gierach, Esquire, to enter into appellate mediation of the claim of Robert Williams in lieu of proceeding with appellate litigation, with all costs reimbursable from the reinsurer. Motion carried and ordered unanimously.

Dian Hardison advised of the upcoming holiday weekend; stated she is embarrassed by the reputation the County is getting; and many people who are Republicans and Christians are ashamed of what is being perpetrated by a few radical fanatics in the name of religion. She stated Ordinance No. 95-21 which forbids clothes-free use of the north end of Playalinda Beach is an unnecessary, dangerous law. She stated the nude beach goers have never been a problem; those who say it attracts criminal activity are misinformed or lying; and people believe they are legislating morality, but what they are really demanding is enforcement of their own parochialism. She advised laws are in place to deal with criminal activities; the law is being used by zealots to impose their will on people and deny the rights of one segment of citizens, much as segregation laws were once used; and it is being used with evil intent to oppress the rights and freedoms of other Americans just because they have different opinions. She advised of the negative economic impact of the law, and advertisements in travel magazines which warn against going to Florida. She noted the Board, when it adopted the Ordinance, assured the people that it was only to concern certain problems, not to intrude upon a remote section of beach that has been traditionally clothes-free for over half a century; but the assurances were wrong. She stated Sheriff Williams was elected because of his promise that he had better things to do with tax money than harass beach goers; but he cannot be trusted because he is asking for more funds after wasting his resources buying equipment and paying overtime to stake out one small section of the beach. She requested the Board request the National Park Service to replace the signs designating the clothes-free area; instruct Sheriff Williams to turn his attention to bank robberies, home invasions, car thefts and vandalism that are on the increase; and repeal Ordinance No 95-21.

Hans Saurenmann requested the Board reconsider its decision on a study on the incorporation of Canaveral Groves. He stated there are 80 members of the Homeowners Association; but there are 3,584 owners and 2,400 residents. He stated Mr. Costello indicated in his June 9, 1997 letter that

the membership and Board of the Canaveral Groves Homeowners, Inc. (CGHI) had not discussed the proposed incorporation of Canaveral Groves, but this is not factual. He advised of the division on the issue, Mr. Costello?s willingness to communicate the proposal to the membership, and the agreement to have a public hearing on May 29, 1997 to consider the Satellite Boulevard/SR 528 Interchange Project and the Canaveral Groves incorporation proposal. He advised of subsequent resignations from the CGHI Board. He expressed concern about the legality of the three-member team put in place to coach the Board of Directors. He noted 61 members of CGHI voted against incorporation; the total membership of CGHI is 80 members; but there are 5,600 people in the proposed Canaveral Groves city boundary; and if the CGHI members believe in democracy and respect the rights of their neighbors, they will permit the people to decide what type of government they want by ballot. He outlined problems in Canaveral Groves which need to be solved, including drainage. He expressed desire to open the communication channels with help from County staff; and stated if the incorporation is voted down, that is fine, as is establishment of a special taxing district or MSTU. He requested the Board reconsider its position, and allow him to work with staff to carry out a survey by postcard asking whether the residents wish to go to referendum; advised the cost would be approximately $300; and emphasized 50 to 80 people should not be making the decision for more than 5,000 people.

Tom Denson, President of the Canaveral Groves Homeowners, Inc., advised of the CGHI membership meeting and the public meeting regarding incorporation; stated the vote was 60 to 0 at the CGHI meeting and 80 to 0 at the public meeting; and even Mr. Saurenmann did not vote to approve it. He advised CGHI is going to survey all of the people in Canaveral Groves; it will not cost the County a penny; but none of the members of CGHI have any interest in going further.

Commissioner Higgs advised she supported a provision in the Ordinance to assign an area at Playalinda Beach, and would support signage.

Commissioner Scarborough stated the County Attorney advised of a problem with another Ordinance where areas were designated and it weakened the Ordinance; there has been a great deal of effort to overturn the Ordinance in the courts; and so far the County has been successful. County Attorney Scott Knox agreed the Ordinance has not be overturned.

Commissioner Cook advised the Ordinance has withstood appeal; over a two-year period, over 600 complaints were received from individuals who went to Playalinda Beach and had a problem due to the conflicting uses; and he would not support setting aside an area of a public beach for a single use. He stated the Ordinance provides that no one can be nude on a public beach; the beach belongs to the taxpayers; and to set aside an area would exclude it from other individuals who may want to use it but do not want to encounter nude people while doing so.

Commissioner Voltz noted she was not on the Board at the time the Ordinance was adopted, but supports it.

May 23 - 30, 1997 703208 - 703215 04 Suntrust of Titusville, N.A.

May 29, 1997 413420 - 413904 05 Suntrust of Titusville, N.A.

June 3 - 5, 1997 703216 - 705479 04 Suntrust of Titusville, N.A.

June 5, 1997 413905 - 414513 05 Suntrust of Titusville, N.A.

June 12, 1997 414514 - 415129 05 Suntrust of Titusville, N.A.

June 13, 1997 415130 - 415482 05 Suntrust of Titusville, N.A.

Fire Inspection Fee Refund

June 19, 1997 415483 - 415990 05 Suntrust of Titusville, N.A.

June 26, 1997 415991 - 416686 05 Suntrust of Titusville, N.A.

June 6 - 26, 1997 705480 - 707888 04 Suntrust of Titusville, N.A.

Upon motion and vote, the meeting adjourned at 12:43 p.m.

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ATTEST: RANDY O?BRIEN, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK

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