MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

March 11, 1997

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 11, 1997, at 9:03 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 requested consideration of the Emergency Services Impact Fee project funding recommendations be continued to April 8, 1997, to allow staff to get additional information for the Board.

County Attorney Scott Knox requested the Board schedule an executive session on the Pinter case this afternoon, at the conclusion of the regular meeting, and an executive session to discuss the Cesario case on March 20, 1997, prior to the zoning meeting.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to schedule executive sessions on March 11, 1997, following the regular meeting to discuss the Pinter case, and on March 20, 1997, prior to the zoning meeting to discuss the Cesario case. Motion carried and ordered unanimously.

Commissioner Higgs advised it is anticipated there will be a high level of interest in the Manatee Protection Plan; and suggested holding a workshop.

Chairman O?Brien advised the Board could hold a workshop on the afternoon of March 25, 1997 with limited public input.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve holding a Manatee Protection Plan workshop on the afternoon of March 25, 1997. Motion carried and ordered unanimously.

Discussion ensued on staff presentation, time limit for public input, and whether to limit number of speakers. The Board reached consensus to limit public input to three minutes per person.

Commissioner Cook advised he received notice from the Florida Association of Counties regarding Article V funding, which is scheduled to be heard on March 13, 1997; and requested the Board send a resolution. County Manager Tom Jenkins advised the Chairman will be attending the hearing. Chairman O?Brien advised of plans for his trip to Tallahassee.

Chairman O?Brien read a loud a resolution commending Dr. Manuel Garcia for his twenty-three years of service to Brevard County, and presented it to Dr. Garcia.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution recognizing and commending Dr. Garcia for his dedication to the public health of the citizens of Brevard County since 1974, and wishing him good health and happiness in his retirement. Motion carried and ordered unanimously.

Dr. Garcia thanked the Board.

Commissioner Cook read aloud a resolution commending Maria Katz as the Suntree Person of the Year, and presented it to Ms. Katz.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution commending Maria Katz as Suntree Person of the Year in recognition of her volunteer service to the children and residents of Brevard County. Motion carried and ordered unanimously.

Ms. Katz thanked the Board.

Chairman O?Brien read aloud a list of the nominees for Woman of the Year and Young Woman of the Year.

Chairman O?Brien read aloud a resolution proclaiming the month of March as Women?s History Month.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution proclaiming the month of March, 1997 as Women?s History Month. Motion carried and ordered unanimously.

Carmen Shrum, Chair of the Commission on the Status of Women, expressed appreciation to the Board for commemorating Women?s History Month; and presented a poster to each Commissioner. Commissioner Higgs requested all nominees for Woman of the Year and Young Woman of the Year to stand.

Commissioner Higgs read aloud a resolution recognizing Laura Smith Hiott as Woman of the Year.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing Laura Smith Hiott as the 1997 Brevard County Commission on the Status of Women Woman of the Year. Motion carried and ordered unanimously.

Commissioner Higgs advised Ms. Hiott is from one of Brevard County?s pioneer families. Ms. Hiott stated she was born in 1900; advised of Brevard County history; and thanked the Board.

Commissioner Voltz read aloud a resolution recognizing Suzanne J. Clark as Young Woman of the Year.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution recognizing Suzanne J. Clark as Young Woman of the Year. Motion carried and ordered unanimously.

Suzanne Clark thanked the Board.

Chairman O?Brien recognized the members of the Commission on the Status of Women.

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

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Gordon Hopson for Canaveral Groves Section 20 Impact Fee financing. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Contract with The Viera Company for infrastructure improvements in Viera North PUD, Track L, Phase 1, Unit 1. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Amendment No. 2 to Agreement with Space Coast Architects, P.A. for additional design services for South Mainland (Micco) Library, at $971.50. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute modified Escrow Agreement with Brevard Alzheimers Foundation, Inc. to incorporate the final decisions relating to responsibilities for replacement of existing Road and Bridge office, access, drainage, moving, etc. and establish an escrow agent. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize staff to purchase a vibratory hammer for driving sheet piling at an estimated cost of $50,000. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Space Coast Habitat for Humanity for purchase of land for development of single family affordable housing in the amount of $20,000, from March 11, through September 30, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution and execute County Deed and Agreements with Housing Authority of the City of Cocoa and Child Care Association of Brevard County, Inc. for transfer of Harry T. Moore Center from the Housing Authority to the Association, and sub-granting funding received by the County from Department of Environmental Protection for renovation of the Center and funding previously appropriated by the Board for the project. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Conservation Easement to the St. Johns River Water Management District for preservation of environmentally sensitive lands at Statham Park. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Applications to Florida Department of Health and Rehabilitative Services (HRS) for Emergency Medical Services matching grants, with County match of $115,428 and State match of $346,282, for a total of $461,710. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to waive bid and approve the purchase of REBOUND from American Tire Recyclers for the multi-purpose athletic field at Palm Bay Regional Park in the amount of $90,000. Motion carried and ordered unanimously.

Commissioner Higgs declared a conflict of interest because a company in which she owns stock has done work for the Workforce Development Board.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the Two-year Job Training Plan Modification, in accordance with Sections 103 and 104 of Public Law 102-367, as amended. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint Liz Mazany, 1311 E. New Haven Avenue, Melbourne, to the Employee Benefits Advisory Committee. Motion carried and ordered unanimously.

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

EASEMENT IN PORT ST. JOHN, UNIT 8 - WILFORD A. CROSS

Chairman O?Brien called for the public hearing to consider a resolution vacating public utilities and drainage easement in Port St. John, Unit 8, as petitioned by Wilford A. Cross.

County Surveyor Beverly Sutphin advised the easement being vacated is different than the one originally requested. Commissioner Scarborough inquired if the Board can take action.

The Board deferred action until later in the meeting to allow the County Attorney to review the legal advertisement.

Chairman O?Brien called for the public hearing to consider a resolution vacating public utility easements in St. Andrews Isles Subdivision, as petitioned by St. Andrews Isles, Inc., DiPrima Enterprises, Inc., and Schull Builders, Inc.

There being no objections or comments heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in St. Andrews Isles

Subdivision, as petitioned by St. Andrews Isles, Inc., DiPrima Enterprises, Inc., and Schull Builders, Inc. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider an ordinance revising the MSBU Program Ordinance No. 91-12.

There being no objections or comments heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt an Ordinance amending Brevard County Code, Chapter 98, Article II, Division 2, to change the title to "Special Assessments and Bonds"; providing definitions for "Benefit Area", "Complaint of Assessments", "Master Ordinance", "Method of Assessment", "Preliminary Assessment Resolutions", "Property Owner", "Property Owner Survey", and "Unimproved Property"; amending certain other definitions to incorporate the new definitions; providing for establishment of a benefit unit by citizen request; establishing project criteria by policy; requiring a petition prior to assessment; providing for a final assessment resolution; providing the power to adjust assessments fifteen percent without notice to other property owners; providing for severability and providing an effective date. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider request from Florida Cities Water Company for expansion of service area.

Ed Keeley spoke in support of the request with the condition there is to be no cost to the current rate payers.

Commissioner Higgs advised the documentation indicates no negative impact.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to approve request from Florida Cities Water Company for expansion of the service area. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider request to continue Zoning Item 8, Holloway Enterprise.

There being no comment heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing to consider Zoning Item 8, Holloway Enterprise, to March 20, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve the Minutes of the September 10, 17, and 24, 1996 Regular Meetings and the September 5, 17, and 19, 1996 Special Meetings, as submitted. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider a resolution vacating public utilities and drainage easement in Port St. John, Unit 8 as petitioned by Wilford A. Cross.

County Attorney Scott Knox advised there is no problem with the Board taking action on the vacating.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utilities and drainage easement in Port St. John, Unit 8 as petitioned by Wilford A. Cross. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider an ordinance regulating towers and antennas.

County Manager Tom Jenkins advised the public hearing was advertised for 5:01 p.m. County Attorney Scott Knox advised of actions which may be taken by the Board.

Discussion ensued on when to hear the item, moratorium still in effect, and why it is necessary to hear the item at 5:01 p.m.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing to consider ordinance regulating towers and antennas to March 25, 1997. Motion carried and ordered unanimously.

Commissioner Cook advised his problem for this year has been resolved; and inquired if the Board wants to address the issue on a year-by-year basis in the future or set a policy on the amount to be refunded from individual Impact Fee Districts.

Discussion ensued on why there are ten Impact Fee Districts and realignment of Impact Fee Districts. County Manager Tom Jenkins advised he will provide a written report to the Board on how the districts were established.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve of Transportation Impact Fee recommendations, as modified, and execution of Budget Change Requests for the current project funding recommendations. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to discuss policy direction for allocation of impact fees at the Transportation Workshop. Motion carried and ordered unanimously.

Eric Liff, Cocoa Police Department, addressed the need by the municipalities for the Sheriff?s helicopter.

Mary Tees, representing the Port St. John Homeowners Association, spoke in support of the Sheriff?s budget, and advised of community support.

Sheriff Phillip Williams requested transfer from the Earned Income Revenue Account of $224,183 to provide raises to non-sworn personnel, $52,000 to correct a budgetary error, $68,330 for incidental transition costs, $27,000 for aviation supplemental maintenance, and $6,000 for computer operating training. He requested transfer from the Special Law Enforcement Trust Fund of $12,091.34 for the DARE Program, $69,797 for three DARE Officers, $131,168.04 for School Resource Officer vehicles and equipment, $30,000 for special investigation vehicles, and $43,825.80 for helicopter renovations; and transfers from the MSTU Reserves Account for five School Resource Officers, and $36,250 for reinstatement of the K-9 Program.

Discussion ensued on funding School Resource Officers, transitional costs, K-9 Program, Workers? Compensation for correctional officers, funding responsibility of the School Board, prioritization of road deputies, juvenile crime, salary increases for non-sworn personnel, impacts to the General Fund, and consistency with County policies for pay increases.

Commissioner Higgs requested clarification on what the Sheriff will be returning to the County; with Mike Abels explaining the difficulty in making a projection when going from one administration to another, and outlining expenditures and offsets.

Commissioner Voltz requested additional information on the Sheriff?s commitment to provide additional funding or offsetting cuts in the budget. Sheriff Williams advised of money saving actions taken since he took office. Discussion continued on funding of School Resource Officers.

Commissioner Scarborough requested the Budget Director provide a report on the implications of Sheriff Williams? requests to next year?s budget; and requested the Sheriff provide a preliminary report on what else he may be seeking next year.

Sheriff Williams requested the Board table consideration of the School Resource Officers if it has a problem with that issue, and address the remaining issues.

Discussion proceeded on budgetary implications of funding corrections officers, available balance in the Law Enforcement Trust Fund, need for additional information, what the Sheriff will be asking for next year, no anticipated windfall, and specific uses of Trust Fund.

Motion by Commissioner Higgs, to conceptually endorse the Sheriff?s programs, authorize budgetary changes using MSTU Reserve and Law Enforcement Trust Fund, and direct staff to work with the Sheriff?s staff to bring back those items that cannot be resolved in those two funds. Motion died for lack of a second.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table consideration of request from Sheriff Williams for budget transfer and supplemental expenditure to the March 25, 1997 Board meeting to allow the Sheriff and Budget staff to provide additional information on the programs and justification of his request.

Chairman O?Brien advised of previous Board actions in support of the Sheriff?s Office; stated every program is good, but the County cannot afford every program; and expressed concern at how the proposed program may affect the General Fund.

Commissioner Scarborough indicated support of quality law enforcement even if it entails a tax increase.

Commissioner Higgs explained why she cannot support the motion.

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

The meeting recessed at 11:10 a.m. and reconvened at 11:26 a.m.

Assistant County Attorney Christine Lepore outlined issues addressing campaign signs, billboards on scenic corridors, waiver and appeal processes, and home occupation signs.

Assistant to County Manager Peggy Busacca advised of a staff memo outlining a multi-faceted approach to address enforcement of the Sign Ordinance; and enumerated issues for Board discussion including education and enforcement of temporary signs.

Commissioner Cook expressed concern about the change of status of Wickham Road as a scenic corridor; with staff advising the intent was to make the ordinance consistent with the Comprehensive Plan.

Motion by Commissioner Cook, to make the entire length of Wickham Road a scenic highway.

Discussion ensued on changing the Comprehensive Plan for consistency.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to amend the Comprehensive Plan to make the scenic highway provisions consistent with the Sign Ordinance.

Discussion proceeded on whether to amend the Comprehensive Plan, importance of scenic highways at major junctions, informing public about amenities in County, consistency between Sign Ordinance and Comprehensive Plan, and which roads will be included in the Comprehensive Plan.

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to amend the Sign Ordinance to ban all temporary signs from the right-of-way.

Discussion ensued on exempting certain signs, concerns about enforcement, impact to businesses, time and placement restrictions, giving citation power to Code Enforcement, allowing Code Enforcement to be proactive on sign enforcement, billboards in BU-1 zoning, and category changes.

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

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to amend the Sign Ordinance to ban all temporary signs from the right-of-way except for certain types of temporary signs as outlined in Option 3, such as directional and regulatory signs, signs advertising the sale or lease of the real property on which they are located, signs advertising activities on the premises, beautification/landscape planting sponsorship signs, with display to be restricted to a one-day period, from sunrise to sunset.

Discussion ensued on the time period for display of signs, enforcement, open house signs, and including dates on signs.

Commissioner Scarborough amended the motion to include restriction to a one-day period within a six-month period. Commissioner Voltz accepted the amendment.

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

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve option 4 relating to home occupation signs, allowing for a non-illuminated window or wall sign of one square foot or less. Motion carried and ordered unanimously.

Chairman O?Brien inquired about prohibition of off-premise signs along scenic corridors. Ms. Lepore advised that has already been dealt with.

Discussion ensued on waivers and adjustments.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve option 3 relating to waivers and adjustments, providing for an alternate review process whereby, upon request, the County Manager would review staff?s decision for compliance with the Sign Ordinance, and approve waiver in those limited circumstances where a denial of a waiver would likely result in a First Amendment violation. Motion carried and ordered unanimously.

Discussion ensued on permitting for political campaign signs and size restrictions for signs.

Motion by Commissioner Cook, to exempt political signs from permitting requirements.

Discussion proceeded on exempting political signs from permitting or requiring commercial signs to be permitted.

Commissioner Scarborough seconded the motion. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to implement recommendation of staff to hire two individuals for a six-month period to bring current stock of illegal signs into compliance, with funding to come from fines collected, as outlined in Option 2.

Discussion ensued on educating the public, inventory of signs, use of volunteers, funding for expenses, and report from County Manager.

Commissioner Higgs expressed support for authorizing hiring two individuals for a six-month period to provide enforcement of illegal signs, including provision for amnesty, with costs including vehicle expenses to be capped at $25,000, to be funded from money collected from sign enforcement, and provide a report to the Board at the end of the six-month period on the expenditures and revenue.

Commissioner Voltz advised if at the end of three months, the job is more massive than anticipated, staff can come back to the Board and advise it cannot be done; and indicated the motion includes the entire recommendation.

Discussion ensued on amnesty.

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

Chairman O?Brien suggested granting Code Enforcement citation powers and the ability to be proactive under the Sign Ordinance; with Commissioner Voltz agreeing. Commissioner Cook advised a schedule would have to come back to the Board. Ms. Lepore advised citation powers would require an Ordinance amendment.

County Manager Tom Jenkins inquired if the previous motion to implement staff recommendation included a Budget Supplement to show additional revenues and expenditures; with Commissioner Voltz responding affirmatively.

Motion by Commissioner Higgs, seconded by Voltz, to approve change of policy to allow Code Enforcement to be proactive, effective today. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to advertise amendments to the Sign Ordinance regarding issuance of tickets. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to advertise previously approved amendments to the Sign Ordinance. Motion carried and ordered unanimously.

Discussion ensued on standardization of signs and sign regulations in other counties.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to report to the Board within 90 days on the status of Sign Ordinances in other counties and municipalities. Motion carried and ordered unanimously.

Chairman O?Brien advised there is no fine mechanism for signs which are not permitted. Mr. Statlick advised his understanding is if a sign is put up without a permit, the fee is doubled for the permit. Mr. Jenkins advised he will check on the issue.

The meeting recessed at 12:35 p.m. and reconvened at 1:37 p.m.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to table consideration of Emergency Services Impact Fee project funding recommendations to April 8, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve installation of two speed humps on Rosewood Avenue in Valkaria with signage.

Commissioner Voltz inquired how long is the road; with Traffic Engineering Director Billy Osborne responding between a quarter-mile and a half-mile.

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize completion of the Habitat Road Construction MSBU Project based on 75% of the property owners voting in favor of continuing the project; and acknowledge the project cost estimate increase from $440,000 to $596,000, due to added construction of a stormwater retention system for the road construction project. Motion carried and ordered unanimously.

Richard Guynn spoke in opposition to the Pine Island discharge; and outlined his reasons for opposition. He submitted an executive summary; and requested the Board consider other alternatives.

Commissioner Scarborough inquired about alternatives; with Mr. Guynn suggesting it be left alone or pump water into Sykes Creek or the Banana River.

Michael Blasky requested assurance the plan is not final but can be modified, and that there will be a public hearing before the plan is adopted.

Surface Water Improvement Director Ron Jones explained the request to approve the Master Plan in concept and authorize Task Order for final design and permitting associated with construction of the improvements. He advised of meeting with Mr. Blasky to address his concerns.

Chairman O?Brien advised the plan can be modified as necessary; and explained the requested action.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to accept the report and recommendations contained in the North Merritt Island Stormwater Master Plan; and execute Task Order #53709-92-004-09 with Post, Buckley, Schuh & Jernigan, Inc. for final design and permitting of the recommended improvements.

Commissioner Higgs requested the motion include direction to staff to come back with recommendations for a standard to prevent future flooding in the watershed for North Merritt Island, Grant and Crane Creek. Commissioners Cook and Voltz accepted the amendment.

Commissioner Scarborough expressed concern about pumping into the Lagoon; and requested the whole plan come back to the Board for additional comment. Chairman O?Brien advised today is the day for comment; with Commissioner Scarborough expressing concern about the concept being detrimental to the Lagoon. Discussion ensued on direct pumping to the Lagoon, preventing flooding of homes, uncertainty of final output, and Board review of final plan.

Commissioner Scarborough requested the motion be amended to provide that the end product will come back to the Board for approval before any construction is done. Commissioners Cook and Voltz accepted the amendment.

Mr. Jones advised staff can provide a report to the Board based on 40 to 60% design process; and if a Commissioner wishes to bring the item back for discussion, staff would be happy to answer questions. Commissioner Scarborough advised the motion is amended to bring the product back.

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

Commissioner Higgs explained why the Crane Creek project is different from the North Merritt Island project; and recommended contacting the Cities of Melbourne and West Melbourne and the Town of Melbourne Village to determine how to move forward jointly.

Surface Water Improvement Director Ron Jones advised of meetings with the City of Melbourne and the City?s willingness to work with the County, and of scheduled meetings with the City of West Melbourne and the Town of Melbourne Village. He explained the requested action.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to go forward on conceptual permitting of Crane Creek improvements with the St. Johns River Water Management District and prepare letters for the Chairman?s signature to the Cities of Melbourne and West Melbourne and the Town of Melbourne Village concerning participation in funding of the project.

Discussion ensued on willingness of the municipalities to participate, re-enactment of the Drainage District for funding, constraints under which permit might be issued, defining additional costs, and use of local option gas tax.

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

Chairman O?Brien advised the applicant requested the item be continued to April, 1997. Discussion ensued on the applicant and issue with Marine Patrol.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of acceptance of drainage easement to April 8, 1997. Motion carried and ordered unanimously.

Robert Miner, representing Checkpoint Systems, Inc., explained how the self-checkout machines work; and advised the Board has decided to not purchase the units due to projected library budget cuts. He advised the units have performed satisfactorily; and outlined reasons the machines should be retained.

Library Services Director Kathryn Stewart advised of problems with the machines; and recommended they not be retained.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept staff recommendation to not purchase four self-checkout machines from Checkpoint Systems, Inc. Motion carried and ordered unanimously.

Marty Brown, Dick Parrett, Jack Greene, Cappy Copacino, and John Minicuci spoke in favor of employees being allowed to play the County golf courses. Jim Wells, representing IGM, advised he encourages his employees to play at the courses; and explained the advantages.

Discussion ensued on allowing employees unlimited play at all County golf courses, bond covenants against free play, and reduced rates for employees. Parks and Recreation Director Charles Nelson advised the bond covenant prohibiting free play was in the Spessard Holland Golf Course bonds, which have been retired, and replaced with commercial paper at a lower interest rate. Discussion continued on the increased revenue and play at golf courses, and benefits of expanding play to IGM. Golf Operations Director Gene Burress advised of the loss of employees to other IGM courses due to County policy limiting golf play. Discussion resumed on the cost of the IGM Contract to maintain the golf courses, concern about expanding play to all County courses, limiting play to contractor employees at the course at which they are working, and importance of playing the course on a regular basis to understand the conditions of the course.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution clarifying that Golf Course employees will be permitted to play unlimited golf, at their own golf courses, for $5 which includes greens fees and golf cart, during their non-working hours, and including this criteria in their job descriptions, and that the County Golf Course Maintenance Contractor?s employees may play the golf course where they work two times per month until the County Manager presents a Fiscal Impact Study to the Board and other action is approved.

Chairman O?Brien advised he and the County Manager had to pay to play at The Savannahs; and they advised the Golf Operations Director of problems to be corrected.

Commissioner Scarborough advised the action is the result of the internal audit; things should occur if it is of benefit to the public; and expressed concern about the word "unlimited." Mr. Burress advised of the benefit to the public; and recommended employees be allowed to play at lease once a week. Discussion ensued on how often employees should play, and what is good for the golf courses.

Commissioner Cook suggested the motion be amended to provide that employees will be permitted to play golf twice a week. Commissioner Higgs accepted the amendment.

Chairman O?Brien called for a vote on the motion to adopt Resolution, as amended, clarifying that Golf Course employees will be permitted to play golf twice a week, at their own golf courses, for $5 which includes greens fees and golf cart, during their non-working hours, and including this criteria in their job descriptions, and that the County Golf Course Maintenance Contractor?s employees may play the golf course where they work two times per month until the County Manager presents a Fiscal Impact Study to the Board and other action is approved. Motion carried and ordered unanimously.

Bob Jesperson, President of the Friends of the Suntree/Viera, advised the group has raised over $3,500 from memberships; advised of anticipated contributions; and reported on Committee activities. He advised of a petition in August, 1996 with over 2,200 signatures requesting a branch of the County Library System be established in the Suntree/Viera/Baytree/Indian River Colony Club/Viscaya area; and outlined actions of the Library Board and the Commission to acknowledge the request. He advised of a 7,000 square-foot building at 14 Suntree Place which would be appropriate for the facility; and outlined previous and anticipated fund-raising efforts.

Commissioner Scarborough suggested the contract include option to purchase. Library Services Director Kathryn Stewart advised at this time, it is not known if that is the best location; and it is preferable to rent. Discussion ensued on option to purchase. Mr. Jesperson volunteered to assist with contract negotiation.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve negotiation for rental of space at 14 Suntree Place, Melbourne for the Suntree/Viera Library, with contract to include an option to purchase.

Commissioner Higgs expressed concern about impact to the budget; and requested the item be tabled to get a report from staff.

Discussion ensued on library on the South Beaches, money saved by not buying self-checkout machines, rental costs subject to negotiation, contract coming back to the Board, need for library in area, status of budget preparations, need for budget projections when contract comes back, annual operating costs, square-foot costs, possibility of contracting with Friends of the Library for library operation, Merritt Island Library MSBU, not looking at whole picture, and need for additional libraries.

Mr. Jesperson advised of mileage to the nearest libraries, and assessed value of the area; and requested the Board consider the equity issue. Discussion ensued on MSBU?s for libraries, how the County system evolved, negotiating for best deal, not deciding on one site, and designating Suntree/Viera Library as next library after Mims/Scottsmoor Library.

Commissioner Cook amended the motion to authorize staff to negotiate a contract, including option to purchase, for rental space for the Suntree/Viera Library, at 14 Suntree Place, Melbourne or another location if a better price can be negotiated; bring negotiated contract back to the Board for approval; and direct staff to report on the budgetary implications at that time. Commissioner Scarborough accepted the amendment.

Commissioner Voltz advised of grant money available for libraries, and need for a library at Suntree; and recommended Mr. Jesperson?s group begin fund raising.

Chairman O?Brien inquired which library would be next; with Ms. Stewart responding Mims/Scottsmoor in 1998, then Suntree/Viera, then the South Beaches. Assistant County Manager Joan Madden advised which area comes after the South Beaches will depend on where development occurs. Chairman O?Brien emphasized the need for a strategic plan; with Ms. Stewart advising of the ten-year plan which included all three areas. Chairman O?Brien compared the cost of the proposed space at $12.50 per square-foot to that of the FP&L building in Rockledge which is now $4.50 per square-foot. Commissioner Cook commented on the price range in the Wickham Road corridor.

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

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant permission to advertise a public hearing on March 25, 1997 to consider an ordinance amending Brevard County Code Chapter 14, Animal Control. Motion carried and ordered; Commissioner Voltz voted nay.

The meeting recessed at 3:13 p.m. and reconvened at 3:29 p.m.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve continuation of the current moratorium on the location of towers and antennas for up to 90 days, effective March 15, 1997. Motion carried and ordered unanimously.

Attorney Kenneth Crooks, representing Space Coast General Contractors, advised of the presence of Susan Johnson, President of Space Coast General Contractors. Mr. Crooks described the IU-

zoned property on Cox Road and the metal fabrication business; and advised of notice of violation from Code Enforcement in October, 1996 which indicated all metal fabrication must be done within an enclosed structure. He advised of actions taken by Space Coast General Contractors to prepare for construction of the necessary building, and the cost and time necessary to construct the proposed structure. He explained the action taken at the Code Enforcement Board and his client?s options; and stated his client does not want a Code Enforcement Board judgment entered as it would put a cloud on the property which would make financing of the new building difficult, if not impossible. He requested abatement of the Code Enforcement action to allow his client time to build the structure to bring the property into compliance.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize abatement of Code Enforcement action against Space Coast General Contractors to allow time for the company to come into compliance by constructing the required building.

Discussion ensued on a time period. Commissioner Cook amended his motion to specify a nine-month time period.

Discussion ensued on the action being non-business friendly, and why the request came to the Commission instead of the Code Enforcement Board. Assistant County Attorney Christine Lepore explained the position of Space Coast General Contractors, and why Board action is necessary. Chairman O?Brien questioned whether the Board of County Commissioners is the proper forum for the request; with County Attorney Scott Knox explaining there has been no determination of violation; and it would be the County?s decision not to prosecute.

Chairman O?Brien called for a vote on the motion to authorize abatement of Code Enforcement action against Space Coast General Contractors for a nine-month period to allow time for the company to come into compliance by constructing the required building. Motion carried and ordered unanimously.

Bob Cunningham, President of Coastal Health Systems, advised of the history of the Agreement between the County and Coastal Health Systems; requested the Agreement be extended from September, 1997 for three years without issuance of an RFP; and explained the advantages of the requested action. He advised of an updated rate and charge survey ranking ambulance service providers which shows Coastal Health Systems to be one of the lowest cost providers in the Central Florida area; and emphasized Coastal Health Systems uses no emergency medical services assessment dollars. He outlined services provided by Coastal Health Systems; and advised is not enough revenue associated with the additional transportation service programs for them to stand alone and maintain current levels of service. He advised of the qualifications of Coastal Health Systems to provide the required transportation services to the citizens of the County; and stated continuation for three years of the ambulance interfacility contract is key to the continuation of low cost, high quality services.

Bruce Brohlin spoke in support of the request of Coastal Health Systems.

Dayna Gaut, representing Rural/Metro Ambulance, spoke in support of the RFP; and advised Rural/Metro Ambulance looks forward to participating in the RFP.

Nancy Fazio and Karl Thompson, representing IAFF Local 2969, requested the Board direct staff to perform a feasibility study for a Countywide EMS system, and extend the Contract with Coastal Health Systems for six months.

Genean McKinnon, representing Rural/Metro Ambulance, spoke in support of the RFP.

Attorney Leonard Spielvogel, representing Coastal Health Systems, spoke in support of the three-year extension for his client; and provided statistics for transports by Coastal Health System. He advised of a County audit which found allegations to be without substance; compared not-for-profit and for-profit entities; and recommended the Board encourage well functioning, community-based, not-for-profit groups working in the County.

Discussion ensued on going out for RFP, who would pay for Countywide EMS study, the County?s ability to provide the service, and offsetting costs with revenues from transports.

Commissioner Voltz advised of complaints about Coastal Health Services; and indicated desire to table the item so that she can meet with the people to see if the complaints have validity.

Discussion proceeded on the status of the RFP, time frame for the feasibility study, bringing the RFP back to the Board prior to issuance, getting additional information on the concept presented by the firefighters, and competitive bidding of services.

Commissioner Scarborough suggested extending the Agreement with Coastal Health Systems for another six months to allow time to get information on Countywide EMS; with Commissioner Voltz agreeing. Commissioner Higgs inquired about the impacts of extending and advertising requirements. Assistant County Manager Joan Madden advised of other contracts associated with Coastal; and inquired if the Countywide feasibility study would include the Harbor City area. Commissioner Voltz responded it would just be in the north end of the County. Commissioner Cook indicated willingness to look at other issues; stated there would have to be a compelling argument for the Board to look at the County taking over the operation; and he has no problem with extending the Contract with Coastal Health Systems for six months.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve extension of the Interfacility Agreement with Coastal Health Systems for six months.

Mr. Cunningham explained the effects of the six-month extension. Discussion ensued on an extension period, limitations on other Contracts, treating Coastal Health Systems same as Harbor City Volunteer Ambulance Squad, having all contracts on same time schedule, and Coastal Health Systems providing proposal for Countywide service.

Commissioner Cook withdrew his motion.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table consideration of Coastal Health Systems Interfacility Agreement to April 8, 1997; and direct County Manager to provide the Board with an analysis of different options for provision of medical transport service. Motion carried and ordered unanimously.

Mary Tees, Vice President of the Port St. John Homeowners Association, advised of the residents? distrust of appointed Advisory Board members and County employees; and provided examples, including decisions on location of schools. She advised of problems with the amounts of money being spent on the Off-Road Vehicle Park, and park shortcomings. She requested the elected Port St. John Advisory Board make decisions on the final amount of money and improvements to be made to the Off-Road Vehicle Park project, before submitting it to the Commission for final approval. She acknowledged mistakes with the MSTU; and advised two committees have given in to the Off-Road Vehicle Park Committee for the sake of getting the projects done. She noted the number of residents who do not have children in organized sports, and only the elected Advisory Board will speak for them. She advised of upcoming issues; explained the impact of a united citizen group; and recommended the Board look at all pieces of the puzzle in making decisions. She inquired what is the Board?s position.

Joseph Stadnik advised of the proposed extension of area of operation of the Port St. John Dependent Special District Advisory Board; and emphasized the independence of Canaveral Groves. He advised of prior events, lack of parks in Canaveral Groves, lack of support of referendum by Canaveral Groves residents, and lack of track record of the Advisory Board. He requested the operations of the Port St. John Dependent Special District Advisory Board be directed by the Board of County Commissioners to only function in the Port St. John Special Dependent District in accordance with Ordinance 96-30. He presented a map showing the Port St. John/Canaveral Groves area.

Commissioner Scarborough introduced the current President of the Canaveral Groves Homeowners; explained the time schedule for the bids; and advised there is no issue before the Board.

Ms. Tees inquired what she should tell the residents; with Commissioner Scarborough advising of the freedom of any group to address the Board, without County staff support. Ms. Tees inquired if the Advisory Board looks at information currently available and makes a decision, can it come to the Board; with Commissioner Scarborough responding it can make a motion on anything it wants to, but if the desire is to have County staff work with the group, that issue has to come to the Board. Chairman O?Brien and Commissioner Cook disagreed; and Commissioner Cook advised any Advisory Board member could come to the Board on any issue, but not as a body. Discussion ensued on the issue.

Commissioner Scarborough inquired if the Advisory Board cannot take a vote on what it likes or does not like; with Chairman O?Brien explaining the Commission said no. Chairman O?Brien advised of what came to the Board previously and the actions taken; and emphasized nothing precludes an individual from addressing the Board. Discussion ensued on previous Board actions, issues beyond zoning having to come to the Board, inability to stop groups from voting, function of Port St. John Homeowners Association, decisions based on membership of Association rather than entire community, function of elected Advisory Board, and possibility of expanding the role of the elected Advisory Board.

Chairman O?Brien advised of a letter and questionnaire from Congressman Weldon concerning teenage drug use in Brevard and Osceola Counties.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to fill out the Teenage Drug Use and Crime Survey for Congressman Dave Weldon. Motion carried and ordered unanimously.

Assistant County Manager Stephen Peffer advised of a bill filed by Senator Bronson which would remove from the Florida Statues that portion which gives the Board authority to veto aquaculture leases; and explained the implications.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to prepare a letter for the Chairman?s signature to vigorously oppose the bill filed by Senator Bronson; and authorize the Chairman to vigorously oppose the bill in Tallahassee.

Commissioner Cook noted any Commissioner is authorized to travel to Tallahassee to work on this issue or any other in the Legislative Package.

Discussion ensued about taking away home rule, charges for aquaculture leases, scope of the bill, effect of bill on the County, use of County taxes, liability of the County, inconsistency in looking at waters of the State, and objections of other counties.

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

Upon motion and vote, the meeting adjourned at 4:54 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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