The Board of County Commissioners of Brevard County, Florida, met in regular session on August 15, 1995, at 5:30 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Dr. Richard Chandler, First United Methodist Church, Port St. John, Florida.

Commissioner Scott Ellis led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve the Minutes of July 13, 1995 Workshop and July 13, 1995 Workshop with the Private Industry Council as submitted. Motion carried and ordered unanimously.

STATUS REPORT, RE: SERENE HARBOR CDBG GRANT

Assistant County Manager for Community Services Group Joan Madden advised the Board requested staff discuss with Serene Harbor issues regarding deed restrictions, reverters, deferred loans rather than an outright grant, matching money, improvements to the facility, measurable performance and completion of the improvements, client services, and getting an appraisal done on the property; staff has met with Serene Harbor; those items address all the Board's concerns; and it will prepare an agreement with those items for the September 26, 1995 Board meeting.

DISCUSSION, RE: EMERGENCY INJUNCTION TO CLOSE DAY CARE CENTER OPERATING UNDER REVOKED EXPIRED LICENSE

County Attorney Scott Knox requested the item be removed from the agenda; stated the issue has been temporarily resolved by issuance of a provisional license; and the request for any kind of injunction would be premature.

The Board removed emergency injunction to close day care center operating under revoked expired license from the agenda.

DESIGNATION, RE: MEDIATION REPRESENTATIVE

County Attorney Scott Knox stated the County has mediation coming up on condemnation cases; Dean Sprague was the designated individual to go to the mediations; the Board has to designate someone with authority to settle the case; and perhaps the best way to handle that would be to have the County Manager appointed or his designee.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to designate County Manager Tom Jenkins or his designee as the mediation representative for Brevard County. Motion carried and ordered unanimously.

DISCUSSION, RE: EXTENSION OF LANDFILL OPERATION HOURS

Commissioner Scarborough stated he has received mixed comments on the period of time the County's landfills are open to receive debris; at one time he was advised they would be open from dawn to dusk; there was a memorandum indicating the landfills would be closing at 5:30 p.m.; and it would be advantageous to keep it open during daylight hours. Commissioner Cook concurred with Commissioner Scarborough's comments.

DISCUSSION, RE: MEETING WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Commissioner O'Brien advised tomorrow the St. Johns River Water Management District is having a meeting at the Government Center; and inquired is it in the County Manager's Office.

County Manager Tom Jenkins stated he received a telephone call last week from the Deputy Executive Director of the District saying he was going to be in Brevard County and would like to see him; the intent was to talk about permitting problems; this does not replace the meeting the Board requested it have with Mr. Dean to discuss transferring wetlands and various issues to Brevard County; and he invited Mr. Minneboo to be present at the meeting also. He noted Commissioner Ellis indicated he would like to attend the meeting if possible; he informed him he did not see a problem and no other Commissioners were coming, and such meeting is at the staff level.

Commissioner Ellis advised the guest column in the Florida TODAY Newspaper claims the District had employees surveying the flooding and would give the County recommendations of things it could do; and he wants to see an analysis or report if they truly went out and did anything.

Commissioner Cook stated the column was negative with regard to the County; if that is justified, and the County has been negative, he wants to know why; he also wants to know if it is the County's problem for not aggressively pursuing permits from the District, or if it is the District's problem for not expediting permits, and wants a report from staff on the C-54 Canal. He noted it would be appropriate for Commissioner Ellis to attend the meeting as he has been very involved; it is also appropriate for the County Manager to respond to the newspaper about what the County is doing with regard to the drainage; and it has projects under way.

Chairman Higgs stated she was under the impression that the District was offering to assist the County if it could and provide services.

DISCUSSION, RE: NEGOTIATIONS WITH CANAVERAL PORT AUTHORITY

Commissioner O'Brien stated the Port Authority and he arrived at a decision whereby the Authority would give the County $75,000, and the County would cancel the leases for its properties of Jetty Park and two other parks, and vacate Texas Road and the other road (Harrison Avenue) within the Barge Canal property; the $75,000 will be used to improve Hibernian Park which will be given to the County by the State for $1.00 a year in perpetuity, and perhaps to put docks in Sykes Creek and the Barge Canal and fix under Sea Ray Bridge; and they also intend to apply for TDC grant funds.

STATUS OF AGREEMENT WITH CITY OF SATELLITE BEACH, RE: OLD WASTEWATER TREATMENT PLANT FACILITY

Commissioner Cook requested staff find out the status of an agreement with the City of Satellite Beach for the old wastewater treatment plant facility and how the County is moving on that.

APPROVAL, RE: STATE OF EMERGENCY EXTENSION

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to extend the state of emergency for an additional seven days as County crews are still working in areas affected by Hurricane Erin. Motion carried and ordered unanimously.

STATUS, RE: EELS DECLARATORY JUDGMENT

Commissioner Cook requested staff find out where the County is on the EELS declaratory judgment.

County Attorney Scott Knox responded he will have a report at the next meeting.

ACKNOWLEDGE REPORT, RE: ART WORKS FOR HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Commissioner Cook stated the Arts in Public Places Committee put out a call for arts for the Justice Center for $10,000; the Board's intent was to have $30,000, and pledged another $10,000 as matching funds for private donations of $10,000; and he wants to know what is going on.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to instruct the County Manager to look into the issue, find out what is going on, and report back to the Board on August 22, 1995 regarding art works for Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

ACKNOWLEDGE REPORT, RE: A&A PLAZA DAMAGES

Chairman Higgs stated the City of Melbourne has declared the A&A Plaza building an unsafe building as it currently exists; and requested staff address what the County's status is and what kind of action the Board should take.

County Attorney Scott Knox stated the notice basically orders the County to repair the building or remove it; under the terms of the County's lease with the tenants, it has the option of repairing or not repairing the building at its discretion; if it chooses not to repair it, the next step will be to order the occupants out of the premises; the County will be responsible for taking care of that; and the ultimate result of the whole process will be that the City removes the building or forces the County to remove it if it chooses not to repair it. He advised the Board's choice is either to repair the building or leave it there and have the City order the occupants to leave.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to take no action and make no repairs to the building as the estimated cost could equal or exceed the value of the building; and direct the County Manager to notify the City of the Board's decision, and notice the tenants.

Commissioner Ellis suggested pursuing an insurance claim to raze the building and determine if that type of damage is per occurrence or cumulative.

Commissioner Cook indicated he would not want the County's reimbursement to displace any reimbursements to single-family homeowners.

Assistant County Manager for Community Services Group Joan Madden stated staff will be talking to FEMA about the possibility of including it in the damages caused by Hurricane Erin along with demolition costs.

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

PERSONAL APPEARANCE - LEROY WRIGHT, RE: SAVE THE ST. JOHNS CELEBRATION

Leroy Wright explained a program to clean the St. Johns River from Jacksonville to Indian River County in a single day; stated it is quite an ambitious clean-up; a couple of meetings have been held since May, 1995; there is some organization under way; and what they want to do is draw publicawareness to the St. Johns River. He noted after accepting the position on the State Council, he volunteered to be the Brevard County coordinator to put this program together for the County throughout the entire St. Johns River District; and other county individuals are doing the same thing. He advised separate committees have been formed at the State level to take care of all the finance, publicity, advertising, promotions, awards, etc.; and his main job is to coordinate that on the local level and to get the actual clean-up set up, conducted, have all the garbage weighed, etc. Mr. Wright stated they hope to make this an annual event; it is a tremendous effort put forward; they are working on a budget; some of the members on the committee are doing a lot toward contributing the finances; and the budget is approximately $150,000. Mr. Wright stated one of his responsibilities is to get County government involved in this; there are some great fund raisers coming up; and they do not believe it is going to be a financial problem. He noted they would like counties to help them in cutting costs, such as getting the tipping fees relieved from the waste pickup haulers and locate dumpsters; they would like to have the use of F. Burton Smith Park fee free if possible for the one day; they plan to conduct this program from three areas--out of Lake Washington, off of Lake Poinsett and out of Titusville off of S.R. 520; there will be teams in boats doing the cleanup, bringing in their trash, and having it weighed; and in the afternoon, a celebration of the day's event will be held at F. Burton Smith Park. He requested the Board consider volunteering to be a part of the program; cooks and servers are needed; and it is an excellent way to meet with constituents and provide a public service. Mr. Wright stated the event will be on March 2, 1996; there is still a lot of time to plan it; and monthly meetings will be held in Palatka to get the program going.

Commissioner Cook stated this is going to be a marvelous way to clean up the river, get a lot of people involved, and do it all in one day which is remarkable.

The Board instructed Commissioner Cook to schedule the request for waiver of fees for the use of F. Burton Smith Park and waiver of tipping fees for disposal of the trash on the Agenda.

DISCUSSION, RE: POLICY FOR PUBLIC COMMENTS AT ADVISORY BOARD MEETINGS

Chairman Higgs stated it was brought to her attention that there was no policy that provided for public comment at all meetings of advisory boards, committees and task forces; and requested the Board direct the County Manager or County Attorney to suggest an overall policy that the advisory boards could adopt in regard to having public comment at meetings. She noted it could be the option of each advisory board or committee to determine how it would provide for public comment; but it should be the policy of the Board that public comment is provided for all advisory boards and committees.

Commissioner Cook stated it would be his general inclination to think that public comment would be allowed at all advisory board meetings; and at least a portion of a meeting would be dedicated so that individuals would have an opportunity to express themselves.

Chairman Higgs stated it is her intention at the end of public comments to make a motion to ask the County Attorney to draft a policy statement in the Commission policies to provide for each advisory board to develop a policy on public comment.

Samuel Lopez, 2129 Royal Poinciana Boulevard, Melbourne, Joseph A. Romero, 2700 Croton Road, Melbourne, Waunda Medina, Palm Bay, Reverend Joaquin Caro, 475 Goldsmith Avenue, N.W., Palm Bay, Oscar Gamboa, 305 N.W. Emerson Drive, Palm Bay, Emiliano Santos, 570 Dixon Road, Palm Bay, Guillermo Capote, 1870 Agona Circle, Apt. 103, Palm Bay, Nelson Matos, 2108 Cheryl Court, Melbourne, George Robles, 1313 Ariton Avenue, N.E., Palm Bay, Louis Medina, 600 Nash Street, N.E., Palm Bay, Gladys Medina, 600 Nash Street, N.E., Palm Bay, Judith Acevedo, 1584 Welter Street, S.E., Palm Bay, Teresa Lopez, 2129 Royal Poinciana, Melbourne, Cesar Bermudez, 724 Cadez Street, N.E., Palm Bay, Louis Picarzu, 1817 Nanton Street, N.W., Palm Bay, Aida Picarzu, 1817 Nanton Street, N.W., Palm Bay, Louis Gonzalez, 185 S.E. 3rd Street, Satellite Beach, and Micah Savell, requested the Board amend Resolution No. 95-021 to seek public comment and testimony and establish a policy that provides public comment at all meetings of advisory boards, committees, task forces, etc.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct the County Attorney to draft a provision in the Board Policies that requires each advisory body provide for public comments and make all information available to anyone who wants it; to include guidelines to ensure input is provided in a timely manner; and to return to the Board at the first regular meeting in September which is September 12, 1995. Motion carried and ordered unanimously.

The meeting recessed at 6:44 p.m.

The meeting reconvened at 6:59 p.m.

PERSONAL APPEARANCE - CHARLES BURKE, RE: PROPOSED COMMUNITY CENTER IN MICCO

Charles Burke, 9605 Mockingbird Lane, Micco, representing Micco Homeowners Association, introduced a group of individuals present requesting a community center in Micco; stated he submitted a petition to the Board members consisting of 40 signatures supporting such center; and the Association requests the Board make a decision on the proposal to place a community center at Micco Park in the near future.

Harriett Williams, 3990 11th Street, Micco, stated the Micco Homeowners Association has been asking Chairman Higgs for a community center since January, 1993; and requested the Board provide an answer tonight for the adults, children, and senior citizens to have a recreation and hurricane center.

Frankie Schott, 3545 Heather Lane, Micco, representing Micco Homeowners Association, stated she is supportive of a community center in Micco; no capital improvements have been made in Micco for 39 years; it is time to use County dollars to come to Micco; and requested the County purchase the additional land around Micco Park and the CDBG funds pay for the community center at Micco Park.

George Koraly, 9868 Riverview Drive, Micco, representing Micco Homeowners Association, stated the County spent nothing on Micco Park since the original purchase of seven acres in 1956 for $8,000; these funds are federal funds; and the time is approaching when the County may lose such funds.

Bill McCready, 9373 Victoria Drive, Micco, Chairman of the Micco Park Committee, stated a majority of the Committee and he favor a community building in Micco, but not in Micco Park; driving to and from a building in the Park would create a safety hazard to children and others; he contacted more than 141 Micco residents; and a huge majority were in favor of a community building, but definitely not in the Park.

Cheryl Bruns, 9737 Riverview Drive, Micco, stated when she first heard about the community center, she was excited for her three children who have little or no access to any sort of supervised recreational activities with other children their age; she lives within a stones throw of Micco Park; and has no problem with a small building that would service the small population who desperately need something. She requested the Board not deny the children in Micco the same opportunity that most other children in Brevard County have--a local meeting place.

Dan Miller, 708 N. Bougainvillea Circle, Barefoot Bay, President of Barefoot Bay Homeowners Association, stated he supports the South Mainland Community Advisory Committee; and recommended the decision for a proposed community center in Micco be tabled tonight to let Chairman Higgs look into further sites that might be acceptable. He noted there is still a little bit of time; perhaps Chairman Higgs can find a site or someone will donate it to the County to be used down there; the residents deserve it; and there needs to be a plan to use tax dollars to serve all the people in Micco and not just a few.

Ed Arens, 3700 Bay Street, Micco, representing Little Hollywood Improvement Association, stated he has been a resident of Micco and Little Hollywood for the last 25 years; he has seen the past and is looking at the present; and requested the Board look at the future. He stated he has a petition for Chairman Higgs with over 400 signatures at this point not to put this facility in the small Micco Park, but to plan for the future; and such petition is still being circulated. He read a letter from Little Hollywood Improvement Association opposing any type of community center or building in Micco Park which would require more land than is available at the Park now; stated to expand the Park would mean acquiring land that is now purely residential; and the Association does not feel this would be proper use of this land, nor would it be fair to the surrounding land owners. He stated the Association is opposed to any type of building for a community center in Micco Park as it exists today. Mr. Arens stated Chairman Higgs is presently working on a site; and requested the Board give the Chairman additional time in this matter to locate a more suitable site so the County can plan ahead in the south end of the County and give the citizens in the future what they deserve.

Matilda Anzalone, 421 N. Seagull Circle, Barefoot Bay, representing the Mainland Advisory Committee, stated there is no possibility of getting into Micco Park as there is no room there except for a small meeting room; and that is not the vision of the group that has been meeting for the last six months. She requested the Board decide on a larger building and larger community center; stated the facility has to be proper for the use of people of all ages; and it should not only be for the people who live in Micco, but for those in South Brevard County.

Wally Kramer, 9606 Mockingbird Lane, Micco, reviewed a map explaining the traffic pattern and what the people face in the front of Micco Park; stated Riverview Drive is the only street that goes by Riverview Park; there is not another thru thoroughfare anywhere between Riverview and the river; Fleming Grant Road runs up to Micco Road; and Micco Road is the northern extent of the target area for this situation they are in. He noted there are a lot of homes south of Micco Road; he interviewed 51 people to see how many times they drove to Sebastian by the back route; the number was about half; and there is no way the traffic is going to decrease. He stated the residents collected almost 400 signatures opposing a community center in Micco Park; the petition is still continuing; and requested the Board give Chairman Higgs a chance to come up with a site that is suitable so everyone is happy.

Nathan Sweigard, 835 Lychee Drive, Barefoot Bay, stated the kids need a place to go; a lot of them in this area have one of the longest bus routes to get to school in Brevard County which is about 1 1/2 hours; they have no after school activities; it is a hassle to get to Palm Bay and back; and there need to be organized sports facilities for the kids.

Phyllis McCullers, 9920 Riverview Drive, Micco, urged the Board to help provide adequate facilities for all the residents, especially the youth in the community. She stated at the present time, there are extremely limited facilities for youth in an 18.1-square mile radius; and this is the area targeted by HUD for funding. She noted there is no gymnasium for the 719 children in the community; the nearest facility is at least 20 miles away in Palm Bay; the nearest County facility is at least 30 miles away; and this makes it impossible for most of the children to participate in youth sports. She stated there is $242,000 allocated for Micco and the chance of securing more funding from the federal government to build facilities in this targeted area; it is the only chance the community has to provide the youth and citizens with a community facility to meet the needs; and the County will never be in a position to fund the proposed facilities included in the package she submitted to the Board. Ms. McCullers stated CDBG funds are the only hope Micco has for the future; and the people implore the Board to approve plans and recommendations that will allow funds for future development and facilities for all ages, especially the youth in the community.

Bill Sansbury, 9830 Honeysuckle, Micco, expressed appreciation to Chairman Higgs and County staff for their efforts; stated the kids need a place to go; he is a member-at-large of the South Mainland Community Center Advisory Committee; the Committee worked very hard to try to come up with a plan that could please everyone; it based its site location on a business decision; it found out it had the availability to get land at a bargain price; and that is why it came up with that particular site. He noted the Committee came up with a plan that meets the needs of kids and the Micco Homeowners Association; it looked toward the future; and requested the Board table the issue to allow the Committee additional time.

Commissioner Ellis inquired has the Committee looked at the possibility of going to referendum for capital facilities at a regional park; with Mr. Sansbury responding negatively.

Commissioner Scarborough requested Chairman Higgs describe where the target area is; with Chairman Higgs responding it goes south of Micco Road which includes a portion of Barefoot Bay.

Chairman Higgs stated the community does not have a consensus developed; it is divided very deeply in terms of what they would do; she would hope in the next couple of months everyone can come up with a proposal that the South Mainland group could look at; perhaps that would be considered by the Micco Homeowners as a potential; and hopefully they can find a way to compromise between the two groups. She noted it is not in her mind that they would compromise by not putting a community center in Micco; if they cannot agree, then the Board needs to choose a spot and go for it; but everyone needs to do their best to come up with a spot that meets most of their needs. She stated she has been trying to do that; County staff has assisted with it; there is a potential with the Royal Sebastian donation if the Board would be willing to consider it at a later time; she will continue to work on that as well as other potential sites; and requested the Board grant additional time to work with the Committee.

Chairman Higgs stated it has been her desire that the Committee could resolve this; at no point did she desire to determine where the Micco Community Center would go; it was not her idea to do that; she wanted the community to do that; however, if it is necessary to be more directly involved, which it apparently is, she is ready to do that and to come up with some potentials and see if a solution can be reached.

Commissioner Ellis stated the County may need to look at going to a referendum if the facility is going to be big. Chairman Higgs responded it may be necessary later, but the CDBG Board has indicated $240,000 with an additional solid potential for $400,000; so that is $500,000 to $600,000 almost immediately available; and that is a very nice community center in her estimation.

Commissioner O'Brien stated this issue is a severe problem and needs to be resolved; many people requested additional time; and he is willing to support that if it is beneficial to the community.

Chairman Higgs responded it is the only thing she knows to do as the Board and community are not in a position to make a decision on one place or another right now.

Commissioner O'Brien inquired is there a time limit on this; with CDBG Supervisor Denise Carter responding there is not a federal regulation that has a required time limit; however, funds may be needed for projects and the County is required by federal regulation to expend a certain amount of money each year. Ms. Carter noted that is what is driving the time.

Chairman Higgs inquired is November, 1995 an adequate time frame; with Ms. Carter responding yes.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to extend the time until November, 1995 for a solution regarding a proposed community center in Micco and continue discussion by the Board until its December 4, 1995 meeting.

Commissioner Cook stated he is not clear how the donation of land would mitigate the concerns with the Royal Sebastian project. Chairman Higgs responded the only way it could do that would be if there was access provided to the east/west so that the traffic did not impact that area in the south part of Micco. Commissioner Cook expressed concern that the Board may not have the ability to commit to the entire project in December, 1995 without knowing a funding source; since the CDBG does change, that would be an area of concern; there are other avenues if the community wanted to go to referendum; and it would be similar to what Port St. John did.

Commissioner Scarborough stated District 1 lost a target area near Cidco Park; the funds were allocated there, but could not be spent at that location; and he does not want people to assume that once there is a target area, it is always there; and that particular target area in his District moved to Cocoa West. Commissioner Cook stated that is an excellent point; people need to know that; and the County does not know what the federal government will do to this type of funding in general. He noted he will support the motion.

Chairman Higgs stated the desire is to look to the 15 and 20-year needs of the community as well as the immediate needs. Commissioner O'Brien stated when the item comes back in December, 1995, perhaps the referendum issue can be part of the whole broad spectrum of solutions.

Chairman Higgs advised the motion is to defer this until December 4, 1995 Board meeting at which time the Commission will consider the issue again; and in the meantime, the community can work together to see if it can come up with a solution. She stated she hopes a solution can be reached that everyone agrees to.

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

The meeting recessed at 8:24 p.m.

The meeting reconvened at 8:42 p.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING BUILDING CODE TO INCLUDE SURFACE WATER DRAINAGE CRITERIA AND AFTER-THE-FACT FLOOR SLAB VARIANCE PROCEDURES

Chairman Higgs called for the public hearing to consider ordinance amending Building Code to include surface water drainage criteria and after-the-fact floor slab variance procedures and penalties.

Chairman Higgs stated staff is requesting the public hearing be continued as there was not a meeting of the Construction Advisory Committee; and such public hearing needs to be continued to September 26, 1995.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to continue public hearing to September 26, 1995 to consider an ordinance of Brevard County, Florida amending Chapter 22, Buildings and Building Regulations, Article II, Technical Codes, Division 1, generally; specifically amending Section 22-48(b), Code of Ordinances of Brevard County, Florida, to provide waiver of lowest floor elevation pursuant to specified guidelines and to provide a fine for violations of lowest floor elevation; creating Section 22-48(c) to prohibit after-the-fact variances in violation of Federal Emergency Management Agency requirements; creating Section 22-48(d) to require site drainage plans for one or two family dwelling properties according to specified criteria and to require site grading and drainage plans with additional criteria where no legal positive outfall exists and where the first floor elevation is more than six inches above the first floor elevation of abutting residences; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING OCCUPATIONAL LICENSE TAX ORDINANCE

Chairman Higgs called for the public hearing to consider ordinance amending Occupational License Tax Ordinance.

Kristen Betancourt, 2416 Coral Ridge Circle, Melbourne, Revenue Officer for City of Melbourne, advised the City would like to request if the Board chooses to adopt the ordinance as is, which will no longer offer revenue to the cities, that it delay the implementation date to October 1, 1996. She noted this would give the affected cities the needed time to adjust and recover the anticipated loss; and the second alternative the City would like the Board to consider, if it chooses not to delay the implementation date, is to adopt the flat rate structure of $32 per license Countywide which would allow the cities to maintain their revenues for the upcoming fiscal year.

Commissioner Ellis inquired is the position of the City of Melbourne for businesses to buy two licenses; with Ms. Betancourt responding she is not stating the City's position is double taxation; and it is concerned about its revenue loss.

Chas Hoyman, 844 Oak Park Drive, Melbourne, Chairman of the EDC, requested the Board consider the designation of a portion of the occupational license money as a source of funding for the EDC; stated it would be a source of business paying to bring in additional businesses to Brevard County; there have been some questions about the efficiency and effectiveness of the EDC; and as he discussed at the budget workshop, the EDC is prepared to continue the service it has been providing to the residents of Brevard County.

Harry Brandon, 778 Loggerhead Island Drive, Satellite Beach, stated he is the owner and operator of about 160,000 square feet of business space with 110 tenants; they are all in the City of Melbourne so they have two occupational licenses; and while he serves on several Chamber of Commerce Boards and other community boards, he is present on his own behalf to speak on equity relative to the occupational tax issue. He advised several cities have recently reviewed their occupational license fee structure; the City of Melbourne's revision may result in most businesses paying between $100 and $200 a year, dependent on the number of employees or active members of their organizations; the County recently reviewed its structure; the revenue from the occupational license fee collected by the County can be used to support economic development within the County; and he is in favor of supporting the EDC via these occupational license fees. Mr. Brandon stated there are 9,000 businesses in the unincorporated areas of the County; if the County collected an average of $118 from each of these 9,000 businesses in the unincorporated areas only, $900,000 would be generated in addition to the $18 to collect the fees per business; and if the County allows the cities or itself to collect this larger fee, this would provide a level playing field for all businesses in Brevard County and allow regulation of the businesses by the appropriate entity. He noted such funds generated would provide a significant amount of money for economic development within Brevard County; this approach would not take any funds out of the General Fund and would allow business to support business growth in Brevard County; and urged the Board to consider this approach.

Dennis Basile, 7370 Cabot Court, #101, Melbourne, stated he is a real estate appraiser, is on the Executive Board of the EDC, and represents the Cocoa Beach Area Chamber of Commerce; the Chamber agreed to not accept the grants from the EDC in the amount of approximately $34,000; it truly believes in the economic development in Brevard County and its current status; and the Chamber would like to see the occupational license portion go toward funding of the Economic Development Council of East Central Florida.

Micah Savell, 1370 Sarno Road, Melbourne, stated the occupational licenses in Brevard County have been disproportionate for a long time; such license is something that the people can come in and obtain so they can practice business in legal fashion and not necessarily to generate revenue to support another business; and if business chooses to support business then that is one's prerogative; but that is not a demand that should be legislated on a person who is cutting grass and working hard trying to make a living. He requested the Board keep the rates at $18.00; and stated if it chooses to give the cities relief, then they should only be granted that relief until their year end.

Don Gust, 430 12th Avenue, Indialantic, stated he has a business in town that has grown in the last 10 years to almost 20 people; the revenue he has been able to do that by has been from the County's economy; he is a member of the EDC; and he believes it is the organization that will be the catalyst for the continued growth for his firm and other firms. He noted it is not easy to be a small business person; all the time he has to scrape to make ends meet; but he finds a way to keep his membership active; it is very important to continue the existence of the EDC; he will find a way to pay his occupational license to stay in business; and implored the Board to find a way to keep the funds going so everyone can look forward to the future.

David Hoover, 1139 Ivanhoe Street, N.W., Palm Bay, stated he has a landscape and lawn care business in the Melbourne/Palm Bay area, and he also services other areas in the County. He noted he is not sure exactly what all the issues are being addressed tonight; but he believes in helping the economic business develop with all the rest of the businesses; changing the occupational license fee is going to hurt businesses similar to his; and it is his understanding it is going to put licensing in all of the cities they operate in. He noted something needs to be done to enforce the people that do not have licenses, instead of changing the occupational license fee and making it harder on those who have licenses.

Floyd Withrow, 3323 Alice Street, West Melbourne, stated he has worked on occupational licenses in the County for 2 1/2 years; and now there is this sellout. He noted the cities are arrogant; they will extort money anywhere they can; they have already extorted money from one individual in Indialantic; and he had to get a city occupational license even though he had a County occupational license in his possession. He stated he has been in his business for 15 years; and requested the Board leave the occupational licenses as they are now and keep the County license Countywide.

Commissioner Ellis stated people should not have to pay for two taxes; people who live in the cities only pay for Countywide services; and they do not pay for the services in the city. He noted the Board needs to get an opinion from the County Attorney about the double license issue.

Chairman Higgs stated Jim Galluzzi, 230 Cadiz Court, Merritt Island, supports the amendment for the occupational license, but had to leave for a business appointment.

Mike Selig, 1410 Sykes Creek Drive, Merritt Island, stated he has been a commercial real estate broker in Brevard County since 1974; he is a member of the EDC; he is a past member of the LPA and the Zoning Board; and he has been newly reappointed to that Board. He noted he pays over $40,000 a year in property taxes, so he has a real concern for continued controlled economic growth. He stated he does not know who came up with the idea to eliminate certain impact fees and reduce occupational license fees to stimulate economic growth, but he commends them; he also does not know who came up with the idea to use occupational license fees to fund the EDC at the requested level, but he commends that person too; and he believes the successes of the EDC have resulted in increased tax collections far greater than the funding provided by the Board. He noted he also believes that some day soon the EDC will be completely self-supporting; no business or agency operates perfectly; changes will be made; and requested the Board give the EDC the opportunity to continue serving the taxpayers of Brevard County.

William Ferrell, 1 Stockton Drive, Merritt Island, stated economic development is needed in Brevard County; the EDC is working to bring jobs here; someone needs to do this; and he would be in favor of some of this funding being used to continue the EDC's efforts.

County Attorney Scott Knox stated the Attorney General's Opinion is that an occupational license tax can only be imposed on a business that actually has a permanent location in that jurisdiction, so the cities can only tax those people that actually have a location in the city as opposed to having one in the county where they do business in the city.

Commissioner Ellis noted if someone has one license, they would be able to do business anywhere in the County as long as they have a license.

Chairman Higgs stated the points that have been made about the unincorporated and incorporated areas, and the Countywide license are important; the $32 that has been identified as sufficient funds to pay for the cost of collection to contribute toward the cities and to set aside some money for economic development is reasonable; she cannot recall, in the 15 years she has been in business, buying occupational licenses in Brevard County and sometimes within the incorporated areas that that has been offensive to her, any of her partners or to anyone in the business community she dealt with; enforcing is a very important issue for all areas and for the fairness to those people that are doing the work; and she would support a motion for the $32.

Commissioner Cook inquired if the County assesses this Countywide, is there an obligation to give a portion of that back to the cities; with Attorney Knox responding yes, it is required by Florida Statutes.

Commissioner Scarborough stated he concurs with Chairman Higgs' comments; and he has paying occupational licenses in city and County. Commissioner Ellis noted it is not right. Commissioner Scarborough noted the bottom line is does the County have an EDC or not; if it does not have some of these things, there is a poor quality community; and individuals contribute because they are a part of it and do their share.

Commissioner Ellis stated a tax is not a contribution; a tax is something that individuals have to pay; the EDC is here for a tax and not a contribution; if it could get contributions, it would not have to come to the County; and it is here for the County to take the money from people that do not want to contribute. He noted it is only fair to charge what it costs to process the business license; anything beyond that is a tax; if the County wants to do a tax, it needs to lay it down in property taxes or something that is known as a tax; but when it is put out as an occupational license, people have no option but to pay or close their doors. He noted taxing people's right to work is wrong; and that tax should not be any higher than what it costs to collect it.

Commissioner O'Brien stated the Board agrees that it desperately needs to resolve the economic development funding source before it can resolve the occupational license problem before it tonight; Commissioners Scarborough and Ellis have made good points; and he is in favor of using the occupational license to let business support business. Commissioner O'Brien inquired how much money will a $32 flat fee Countywide for all occupational licenses generate for economic development; with Chairman Higgs responding $175,000. Commissioner O'Brien stated that is not enough. County Manager Tom Jenkins advised there is $75,000 set aside for next year in the current budget; and the additional $175,000 would bring a total of $250,000. Commissioner O'Brien noted he does not believe $250,000 is going to help the County; it is throwing good money after bad doing that; and he is still not convinced that EDC, Inc. is the route the County should travel. He stated if the County is going to fund economic development, but not EDC, it has to look at other routes and decide which route it wants to take.

Commissioner Cook stated the EDC should know how much money it needs; it requested $250,000; it is silly for the Board to say it does not think the EDC requested enough so it is going to give more than requested; the $250,000 must be what EDC felt it needed which is $75,000 more than it received last year; and he thought going above what EDC requested was not a good move. He stated there is a point where the Board has to be assured that the money is being put into effect in the best possible way; and the $250,000 was the original request.

Commissioner Ellis stated the dual licensing itself is unfair for those people who have to buy two licenses; as far as the EDC support and why it has to be a tax and not a contribution, there are 21,000 licenses issued in the city and County; the EDC has 150 members; and inquired what does that show about the EDC's ability to get down at the grass roots level and raise money from small business. He noted that has never been done in the 2 1/2 years he has been here; today the County is here to go to all the small businesses and say because they are not one to contribute to the EDC, it is going to take it from them and give it to the EDC; and that is very unfair. Commissioner O'Brien stated the County can avoid that approach by looking at a different method. Commissioner Cook stated he can support $32 across the board which would raise $175,000.

Commissioner Ellis inquired would that be for double licenses; with Commissioner Cook responding it would be in County and city at this point.

Commissioner Cook stated the County can look at other options next year; he has to give the EDC a chance; he has not been here long enough to say whether EDC is doing the job or not; the President of the EDC has only been here 10 months; and the Board has to give people an opportunity to perform. He inquired are all the occupational licenses in the County and city at the present time; with Mr. Jenkins responding yes.

Motion by Commissioner Cook, to approve $32 across the board as a flat rate for occupational licenses.

Commissioner Cook stated that amount together with the $75,000 identified would give the EDC $250,000 which is what it requested; the Board will have one year to see how the EDC does with such money; and next year, it can address other funding mechanisms if it desires. He stated as a part of his motion, he would request there be a member of the County Commission on the Executive Board. He noted the Tax Collector indicated he can break out on the tax notice that a portion of this funding is being directed to economic development; and he would like to see that done also.

Commissioner Scarborough stated he will second the motion.

Chairman Higgs stated she would support the $32 flat fee Countywide; she is not ready to support how the County will use the $175,000; she would like to have an opportunity to explore the options that are currently out there; and the Board does not have to decide tonight on exactly how the $175,000 would be used. She noted as the motion is phrased right now, she is not going to support; and she will support a motion minus the setting aside right now for EDC, but supporting the $32 flat fee.

Commissioner O'Brien inquired will Commissioner Cook amend his motion; with Commissioner Cook responding negatively.

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

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Ordinance amending the Code of Ordinances of Brevard County, Florida, Volume I; amending Chapter 102 Article II Occupational License Tax; amending Section 102-41 "Administration by the Tax Collector," by requiring the distribution of the occupational license tax receipts in accordance with Section 205.0536, Florida Statutes; amending Section 102-46, "Written Application, Required Statement," by reducing the occupational license tax application requirements; amending 102-47 "Term of License, Delinquent Penalties," by changing the time period when the occupational license may be sold and providing for a delinquent renewal penalty; deleting Section 102-48 "Partial Year Licenses"; amending Section 102-49 "Other Required Licenses or Certificates Prerequisite,"; amending Section 102-52 "Display of License," by allowing the Tax Collector the authority to provide additional identification; amending Section 102-53 "Transfer of License,"; amending Section 102-65 "Occupational License Tax Rate," by providing that the occupational license tax not to exceed $32.00 effective with the sale of the Fiscal Year 1995-96 occupational licenses; amending Division 3 "Classifications and Rates," Sections 102-66 through 102-95 by amending or deleting business classifications and providing for a flat occupational license tax for each classification; providing for severability clause; and providing an effective date, as amended. Motion carried and ordered; Commissioners Cook and Ellis voted nay.

Mr. Jenkins advised the issue of how the money will be spent will come back to the Board.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 90-30, EMERGENCY MEDICAL SERVICES ASSESSMENT BILLING AND COLLECTIONS

Chairman Higgs called for the public hearing to consider ordinance amending Ordinance No. 90-30, Emergency Medical Services Assessment Billing and Collections.

Assistant County Manager for Community Services Joan Madden requested the item be continued to September 12, 1995; advised staff had meetings set up; however, due to the hurricane such meetings had to be cancelled and rescheduled.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to continue public hearing to September 12, 1995 to consider ordinance relating to the provision of emergency medical services in all of the unincorporated and incorporated areas of Brevard County, Florida; providing definitions; designating as special assessments the annual fee imposed on all improved real property within the Brevard County Emergency Medical Services Municipal Service Benefit Unit; making a determination of benefit to all improved real property located within the Benefit Unit; providing for enforcement of delinquent annual emergency medical services assessments; requiring notices be sent regarding the proposed annual assessments; providing for correction of errors; authorizing the County to enter into franchise agreements with authorized and qualifying providers; providing for competitive bid requirements to be followed; establishing duties of the emergency medical providers; establishing criteria and procedures for issuance of exemptions; establishing criteria and procedures for revocation of exemptions; providing that the annual assessments for emergency medical services be imposed against the record owner or owners of improved real property as reflected on the records of the Property Appraiser of Brevard County; providing for the validation of the assessment roles; providing for the requirement of each provider to obtain a certificate of public convenience and necessity; providing for certain exemptions; providing for the classification of certificates; establishing emergency call zones; providing for the exclusivity of the ordinance and the concurrent prohibition of municipal provision of emergency medical services; providing for the establishment of an emergency medical services review committee; establishing emergency medical service review committee hearing procedures; establishing procedures for renewal of certificates of public convenience and necessities; establishing procedures and guidelines for transfer and assignability of certificates; establishing insurance for emergency medical service providers and franchisees; establishing requirements for emergency medical service providers and franchises; establishing requirements for certificate holders to provide a schedule of rates; authorizing rules and regulations relating to emergency medical services service provisions; authorizing the issuance of temporary certificates; providing for severability; providing penalties; providing an effective date. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - NINA HANSEN, RE: DRAINAGE AND FLOODING PROBLEMS ON LEGAY STREET IN COCOA

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to allow Nina Hansen to make her presentation on drainage and flooding problems on Legay Street in Cocoa at this time instead of the original schedule on the agenda. Motion died; Commissioners O'Brien and Cook voted aye, Commissioners Scarborough, Higgs and Ellis voted nay.

APPROVAL, RE: PORT ST. JOHN RECREATION MSTU BONDING

Commissioner Scarborough stated while the Board can take action to proceed with this, he has had a conversation with the County Attorney; the setting of the millage of 9.9 mills is an action the Board takes on September 20, 1995; and nothing here should be interpreted that the Board is setting the millage.

Gary Faigi, 5529 Flint Road, Cocoa, stated he is a member of Port St. John Homeowners Association; Port St. John has a history of about 12 years of wanting a community center; it has approached the Board, the State, and federal government; last year, the Association took it upon itself to put this on referendum; and it has set a precedent for future communities. He noted it is a good idea; if a community wants something, this is the way to do it; and requested the Board approve the bond issue for Port St. John Recreation MSTU.

Andy Dean, 4785 Cinema Street, Cocoa, Chairman of the Citizens Advisory Committee on the Off-Road Vehicle Park development; stated the Committee has worked closely with the Corto Road community center group to coordinate having the items resolved; and requested the Board approve such items that have come before the voters in their MSTU District, as well as have been established by County staff. He noted his children are young; he wants them to have facilities to develop in; and the voters in Port St. John have agreed to this issue.

Commissioner Scarborough stated the Board needs to authorize staff to prepare for the bond closing, contingent upon the approval of the millage September 20, 1995.

County Attorney Scott Knox advised staff can be authorized to prepare the bond documents; and the amounts can be filled in when the Board decides what it is going to levy.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize preparation of bond documents for Port St. John Recreation MSTU construction of recreation improvements at the Off-road Vehicle Park and Corto Road, with amounts to be determined when the Board decides what it is going to levy on September 20, 1995. Motion carried and ordered unanimously.

APPROVAL, RE: AUTHORIZE COUNTY'S FRANCHISE HAULERS TO SUBCONTRACT PORTION OF DEBRIS PICKUP FROM HURRICANE ERIN AND A LOAN FROM SOLID WASTE DISPOSAL PROGRAM TO SOLID WASTE COLLECTION PROGRAM

Solid Waste Management Director Richard Rabon stated Hurricane Erin put an enormous amount of debris on the streets; the calculations are that such Hurricane in two days generated as much vegetative material out there as is normally picked up in one year; that is 10 to 12 times the amount that is received in a normal month; and staff estimated if this was piled six feet wide and six feet high and stacked end to end, it would transverse the entire 72-mile length of Brevard County. He noted in order to pick that up the County had to take a number of actions, including authorizing Western Waste Industries and Harris Sanitation to put subcontractors on using heavy equipment, dump trucks, front end loaders, etc. to be able to clear the streets in a timely fashion; and requested the Board's approval to continue that practice to finish what it believes it will take to get back onto some normal collection routine, and to pay for that service until such time the County can get FEMA funding or some other way to get the money. Mr. Rabon stated staff will need to transfer money from the Disposal Fund to the Collection Fund to do that; and it is requesting a loan up to $1 million to be able to pay for the additional services to get the waste picked up. He noted Commissioner Scarborough mentioned having these sites open for longer hours; if the County opens those sites from 7:00 a.m. to 7:00 p.m., it will take several additional staff persons to manage that; he calculated for all six sites it would be an additional 280 man hours a week; and it would be for approximately six or eight weeks.

Commissioner O'Brien inquired does staff expect any reimbursement from the federal government through FEMA or anything else for this cost; with Mr. Rabon responding perhaps 75% for the debris removal will be covered by FEMA.

Commissioner Cook noted the County Manager needs to work with Mr. Rabon regarding the man hours; he is not in favor of hiring additional people when there may be a way to borrow employees or somehow work that out; there should be some way to work out some additional hours, whether it is over time or whatever without having to hire somebody; and perhaps the County Manager can come up with something. He inquired who is monitoring the hours on these subcontractors; with Mr. Rabon responding they are not being paid by the hour. Commissioner Cook inquired who is

monitoring the costs they are charging. Mr. Rabon responded the County is paying them by the cubic yard; and the records are kept when they come into the disposal site. Commissioner Cook inquired is that broke out per contractor; with Mr. Rabon responding yes. Commissioner Ellis noted the subcontractors are paid by the load; with Commissioner Cook responding he wants to make sure it is being monitored. Commissioner Cook explained different debris pickup situations that have occurred on South Merritt Island; stated he was out there today and some areas still look like a hurricane went through; the reason he has a problem supporting an additional fee for these people is because most of the residents hired someone to do the rest of the work; they have paid an extra fee to have someone finish picking up the debris that was left; and he believes it was Western Waste and not Harris Sanitation. He noted the subcontractors need to do a competent job.

Peter Jergel, General Manager of Harris Sanitation, stated he provided the Board with a package to show what his Company did last Sunday; such package includes aerial photographs of the material it picked up; there were 95 trucks from Eau Gallie Causeway to the south border of Melbourne Beach; and 322 loads were picked up which was 13,699 yards of debris. He advised all of this effort was put out for 6,453 homes; as of Sunday, Harris Sanitation picked up 37,000 yards of debris from the different areas of the County and cities; and it has brought in other waste management companies in Florida. He noted collection costs on an average to date are approximately $240,000 as of Sunday; a lot of contractors wanted to work by the hour; you want them working by the load because they haul fast when they do that; there is complete control with the way his Company handles this; and it has to be documented for FEMA to pay. Mr. Jergel explained different measures being taken by Harris Sanitation regarding the collection of debris in Brevard County.

Commissioner Ellis stated Messrs. Jenkins, Rabon and Jergel have made the right decision to get these local subcontractors out there immediately.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize Harris Sanitation and Western Waste Industries to subcontract a portion of the Hurricane Erin debris pickup service; and approve loan from Solid Waste Disposal Program Fund 4300 to Solid Waste Collection Program Fund 4320 in an amount up to $1 million to fund the additional cost of collecting debris generated as a result of Hurricane Erin.

Commissioner Scarborough inquired if there was an additional 1 1/2 hours each day to keep the landfill open, would it help Mr. Jergel and his haulers to get more material off the road. Mr. Jergel responded it may help the subcontractors; they work by the load; his employees are working 12 to 15 hours a day now; he is worried about them having to work seven days a week as it is rough; but as a whole, it will not help his Company as his employees are tired now. Commissioner Cook stated the Commission Offices have received numerous calls; in the future if this type of situation arises again, he would like to see some sort of lottery system or something because it is hard for a homeowner to fathom why one development's debris was picked up on a certain day, but they still have waste in front of their house; he knows the companies use criteria to determine that; and there has to be a better system. Mr. Jergel advised the criteria used by his Company is by population.

Commissioner Scarborough stated one thing that may help everyone is for Harris Sanitation and Western Waste to place ads in the newspaper advising people in the community what is being undertaken; many individuals do not understand the immensity of the problem; when he talked to different people about the problem, they thought the debris should have been picked up within a few days; and to inform people that the companies are out in numbers, $1 million is being put forth for the cleanup, subcontractors are being hired, and there are extended hours to keep the landfill open may help. He noted the community needs to know that the County, Harris Sanitation and Western Waste are doing everything they can; but one year's supply picked up in two days is an impossible task.

Commissioner Ellis suggested the collection companies pick up up the areas first that get flooded. Commissioner Cook stated he agrees with Commissioner Ellis.

Mr. Jergel stated also included in the newspaper advertisement can be a request for residents to package the material; and just putting piles and piles of pine needles is very difficult to pick up.

Mr. Jenkins advised there is going to be an advertisement in tomorrow's newspaper describing a lot of that information.

Chairman Higgs stated the County appreciates the efforts of Mr. Jergel's company and the other waste haulers.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize County Manager Tom Jenkins to obtain additional personnel on a temporary basis to keep the County landfills open until 7:00 p.m., and attempt to seek funding from FEMA and the State. Motion carried and ordered unanimously.

Nina Hansen, 2410 Legay Street, Cocoa, advised of drainage and flooding problems on Legay Street which have existed for many years; and provided pictures and gave a video presentation for the Board's review. She stated the street floods constantly; there is drainage from septic tanks in front of residents' homes; she has a port-o-let on her front lawn because she cannot flush her toilet; and the yards are muck. She noted it may help the situation if the County would dig up the street; french drains were put in the street at one time; it is a probability that they are undersized; and water stands in front of her house constantly.

Commissioner Ellis stated the only solution for a problem like this is to dig ditches; with Ms. Hansen responding that is fine.

Chairman Higgs stated County staff needs to define the problem for the Board and report back to it with alternatives.

Commissioner O'Brien stated the problem has always been there in the past; the residents have requested assistance numerous times; nothing has ever been done; there are flooding problems all over Brevard County; however, the situation on Legay Street has existed since 1957. He noted he hopes the Board can do something to handle the problem.

Commissioner Cook stated the County Manager needs to send staff to the area to see what can be done to solve the problem.

Donna Deets, 2413 Legay Street, Cocoa, stated she is thankful that the Board seems to be in favor of doing something to resolve the situation; she has been at her residence for three years; she did not know the street flooded when she moved in; the residents live with this all the time; and when it floods, the residents cannot get in or out of their driveways. She noted if someone is trying to sell their home, the property could depreciate; she had a visitor staying at her house for two weeks; they could not take a shower, do dishes or laundry, and could not flush the toilet; they had to use the hose in the front yard to take a shower; they had a small portable toilet; and it was a difficult situation. She stated if there was mandatory evacuation, it would be very difficult to get out of the driveways; and it is a terrible disaster.

Commissioner O'Brien inquired can the County Manager provide a report to the Board within 30 days; with Mr. Jenkins responding yes.

The Board unanimously directed the County Manager to report back to the Board in 30 days regarding possible solutions to drainage and flooding problems on Legay Street in Cocoa. Motion carried and ordered unanimously.

DISCUSSION, RE: MELBOURNE VILLAGE'S CLOSING OF SHERIDAN ROAD

B. W. Copeland, 747 Greenwood Manor, West Melbourne, stated it is almost impossible to turn on John Rodes Boulevard going south due to the traffic; there is no traffic light; to get over to the other side around New Haven Avenue, one has to drive five or six miles out of the way; he does not see any reason to block off the County road; and it is very inconvenient for anyone who may want to get to New Haven Avenue who lives in the area.

Monica Johnson, 632 Manor Place, West Melbourne, stated Melbourne Village's closing of Sheridan Road is creating ill will for its neighbors; everyone should work together on the issue instead of against each other to get this problem solved; several suggestions were made to Melbourne Village without a solution, other than the barricades currently being used; and such barricades are keeping many people from using access to Route 192. She noted Melbourne Village's response was it needed to protect its citizens from the undue traffic due to its obligation to keep its citizens safe; and inquired is it its intent to shift the dangers of all the excess traffic onto its neighbors. She stated children will be starting school next week; this excess traffic which could virtually be split between Melbourne Village and Sheridan Road is everybody's problem, not just Melbourne Village as it would like everyone to believe; they are all in this together; and they need to come up with a solution that is mutually agreed upon. Ms. Johnson appealed to the Board to have Melbourne Village re-open Sheridan Road east of Wickham Road; and inquired if what Melbourne Village is doing is legal.

Attorney Ken Friedland, 509 Palm Avenue, Titusville, Town Attorney for Melbourne Village, stated he is present to answer any questions the Board may have; he submitted a memorandum to County Attorney Scott Knox; and he has not received any response. He stated the Town believes it has jurisdiction over its own streets; it is legal; and it does not believe the County has any jurisdiction to take any action.

Commissioner Ellis stated in Attorney Friedland's memorandum, what he discusses is closing of a beach access and driving along the beach, and not a platted right-of-way funded with gas tax dollars. Attorney Friedland responded even though it was a beach, it was declared to be a public highway; and based upon that, people had access to it just as a regular public highway. Commissioner Ellis inquired did Attorney Friedland find anything when an actual road was closed; with Attorney Friedland responding negatively. Commissioner Ellis stated as he read Attorney Friedland's case, it was driving on the beach; he can understand why he might want to prohibit people from driving on the beach; but it did not seem to him to be applicable to the roads which are funded by the gas taxes. Attorney Friedland stated his memo says the basic law is that municipalities have the authority within their own jurisdictions, especially with regard to streets, unless it is specifically prohibited by law; you have to start with that premise; and with respect to whether it is specifically prohibited, he cannot find anything in his research. He noted he does not know what the County Attorney may have come up with; he has not found anything which specifically prohibits this; what he did find were these cases which happen to deal with the beach driving which was fairly close as it is declared to be a public highway just like any other highway; there is a temporary shut down of all traffic during some hours, during all hours of the day, during a season, and in this case, the entire summer; and they went through some criteria. He stated there is a temporary restriction based on unusual circumstances; there is no specific prohibition; there are sufficient alternate routes which were established publicly by the County; and unless there is some specific prohibition, it is not the Town's burden to justify in every conceivable way that there is something showing that is completely lawful. Commissioner Ellis stated the burden also falls on the County; what the Town has done is because it is a danger to Melbourne Village; it is also a danger to the residents who do not live in Melbourne Village because the fire station sits on Meadowlane by the shopping center; and the County's emergency vehicles have to take longer routes, such as all the way down to S.R. 192 to John Rodes Boulevard and then all the way back up Sheridan. Attorney Friedland stated it is his understanding that emergency vehicles are allowed to go through there; with Commissioner Ellis responding the last time the County was out there, there was a police car sitting across the road blocking it. Attorney Friedland noted the police car can move as it is manned. Commissioner Ellis inquired is that station manned 24 hours a day; with Attorney Friedland responding he does not know and will have to ask the Mayor to address it. Commissioner Ellis advised the County recently went through an issue with Melbourne Village over the radios; the Town had limited funding for its police department; and that is why he would be concerned if the Town had 24 hours a day manning on this blockade to block the road. He stated if signage is a problem, the County can provide it if the Town is concerned about people getting lost in Melbourne Village. Attorney Friedland stated he is not aware of any 24-hour manning or any vehicle being posted out there 24 hours a day, but the Council members would know.

Commissioner O'Brien inquired what would happen if Brevard County went to the other side of Melbourne Village and blocked its road off from access into the Village; with Attorney Friedland responding it is a completely different situation. Commissioner O'Brien stated this is ridiculous what the Town is doing.

Commissioner Ellis stated the County has done everything it can so only the people who are going to use the area know that area; it set the main detour signs back at Ellis and Nasa to send the bulk of the traffic out; and by blocking that there, the Town has blocked emergency vehicles from coming in from the fire station. Attorney Friedland stated he can address the legalities; and the Board needs to speak to the Mayor to address the policy decision. Commissioner Ellis stated it is Attorney Friedland's understanding that it is legal to close the road if the Town can show there is a danger to the health and public safety of the residents of Melbourne Village; and the Town cannot arbitrarily close the road. Attorney Friedland responded that is correct. Commissioner Ellis inquired is the Town's legal reason for closing the road danger to public health of the residents of Melbourne Village. Attorney Friedland responded under Florida Statutes there are specific reasons when traffic can be restricted; he has listed some of those; the Town would have to fall under those categories; and he has tried to make the argument that it does. Commissioner Ellis noted the road is being closed for public health and safety reasons; with Attorney Friedland responding that is correct and that is the decision the Town Commission made. Commissioner Ellis stated he wants to make sure Attorney Friedland's legal case rests on a public safety issue; with Attorney Friedland responding that is correct and there may be some other issues that have arisen since then.

Gail Griswold, 767 Acacia Avenue, Melbourne Village, Town Commissioner of Melbourne Village, advised she is a member of the Melbourne Village Town Commission and is the Public Safety Commissioner; and except for three years off as Town Clerk, she has been on the Town Commission for the last 10 years. She advised several years ago, there was a motion to put a gate up at Sheridan Road; the villagers would have remote controls to open and non-villagers would not; and such motion passed. She stated some residents feel there is a cut-through traffic problem; her position for the last 10 years has been that she has not seen that demonstrated; there are some people who drive through Melbourne Village on a regular basis that choose to take that route; they take that route either to avoid the traffic congestion at the corner of Wickham and New Haven or because they prefer driving through a nice rural area with trees and so forth, rather than four-laned highways; they obey the speed limits and stop at the stop signs; and as long as they do that, they have a right to drive that way. Ms. Griswold stated based on traffic counts, they amount to approximately 20% of the traffic through the Village; a couple of weeks ago she saw signs on Wickham Road that said such Road would be closed August 1, 1995 for 30 days; she requested an item be put on the Town Commission's agenda to get someone from the County to address this; and Billy Osborne attended the meeting. She noted Mr. Osborne told her what the County had in mind as far as signs and detours; she started worrying; the County was going to have signs at Wickham Road and Nasa Boulevard that said detour; but it was going to allow traffic through on Wickham Road going south for local traffic. She noted the County was going to do the same thing going north from New Haven Avenue up to the canal which does not affect the Town; it was going to have signs on New Haven Avenue indicating Evans Road to Nasa Boulevard to Wickham Road was the preferred detour route; the Town Commission asked Mr. Osborne if the County could stop people from driving through Melbourne Village; and he indicated the County hoped the people would take Nasa Boulevard as that is the route it designated as the detour; but short of closing Sheridan Road, it cannot stop people from driving through Melbourne Village. Ms. Griswold stated Mr. Osborne also said Wickham Road handles about 26,000 cars a day; the traffic count done in April, 1995 indicated between 1,100 to 1,400 cars a day through Melbourne Village under normal circumstances; and if one out of 10 cars that normally drive up and down Wickham Road on the average day decides to go through Melbourne Village, that is 2,600 cars. She noted this is not a few people who have chosen to take a detour because it is easier or more pleasant, and they are going to obey all the speed limits and stop signs; some of the people are going to get down there and figure they will find a way through; they can get lost in Melbourne Village; Wickham Road was down to one lane a couple weeks ago; and at the far side of the Village, people were wandering around lost. She stated Melbourne Village normally has one police officer on duty at any given time; the first day the barricades went up at Sheridan Road, the Town had a police officer there a good part of the day; and there is no intention to leave a police officer there 24 hours a day for 30 days. Ms. Griswold stated the minute Wickham Road was re-opened because of the hurricane, the Town took the barricades down; one other problem has come up; and thanks to the flooding, a culvert under West Pine is collapsing. She noted the Town is going to have to work on that; it is the route people take through Melbourne Village; and it is an inconvenience to the residents. She advised the County did not build Sheridan Road in Melbourne Village; the Town did it with the help of the American Homesteading Foundation; the Town is not shifting its traffic to its neighbors; it is not failing to cooperate with the County; the Town was never asked to cooperate with the County; and Brevard County seems to have decided that Melbourne Village was going to be a safety valve detour route without talking to it about this. Ms. Griswold noted the Town's response to that was it cannot afford to put extra police officers on duty to handle increased traffic caused because people are being re-routed off a major arterial road; inquired if the County intended the detour to be Nasa Boulevard to Evans Road to S.R. 192 and vice versa, why is this a problem for it; and stated all the Town is doing is making people take the route the County intended for people to take anyway. She inquired has Commissioner Ellis been getting that many complaints in Melbourne Village; with Commissioner Ellis responding he received some calls from Melbourne Village. Commissioner Ellis stated if the Town needs signage, the County can provide it if there is a concern about people getting lost. Ms. Griswold responded that is one concern. Commissioner Ellis inquired if the Town is going to replace the culvert on West Pine, will not the people north of that be landlocked with no access out; with Ms. Griswold responding no. Ms. Griswold stated her concern is that at this moment, the Town's roads are in no shape for a two to threefold increase in traffic; it is going to have to be working on the culvert; villagers are going to have to take the route around the Village, inside the Village, and around Flamingo and Indiana. Commissioner Ellis stated he still has concerns over the public safety aspect for the County.

Jim Miller, 594 Acacia Avenue, Melbourne Village, Mayor of the Town of Melbourne Village, stated the Town Commission is still at this point fairly solid behind this issue; he takes his oath very seriously; his oath was to uphold the laws of the State; he believes he is doing that; and his oath was also to uphold the Charter of the Town. He advised such Charter requires the Town Commission and Mayor to secure the general health and welfare of the Town and its citizens; he takes his oath seriously and believes the rest of the Town Commission that voted for this does also; at the time it voted, it saw that from a public safety viewpoint; and his perspective is a safety one and not to try and be unneighborly. Mayor Miller stated the Town has been here for 40 years and has allowed free access to these roads; now it is asking for 30 days; and that is over 99.99% availability of those roads to everyone for the 40 years the Town has been here. He advised as Mayor, his No. 1 job is to look out for the best interest of his citizens; he believes that is the job of the Town Commission; it wants to be a good neighbor; he believes it has been a good neighbor; but in this case, it has to give some priority to its citizens and their safety; and all it is asking for is 30 days.

Micah Savell, 1370 Sarno Road, Melbourne, stated neighbors where he grew up helped neighbors; it is a very short time frame to have this road closed as an accommodation to the rest of the community; they were always grateful when the neighbors pitched in and helped; they took governments for granted; and they take each one of the cities and everything for granted. He noted the Town of Melbourne Village could use some attitude adjustment and re-examination of its community spirit. He inquired does Brevard County have any discretionary funds that Melbourne Village participates in; stated if it holds such funds and persists with this attitude, he would like to see the Board adopt a policy to stop those funds and take the Town to task. He stated it is an extreme inconvenience on the people around Melbourne Village; if it was a wanting to put a four-lane road or carry all this traffic on there for long periods of time, that would be one thing; but for a temporary matter, it is very uncalled for.

Commissioner Ellis stated this is more than uncomfortable; it is dangerous; the County Commissioners also take their oaths seriously; the two dangerous situations he sees are the fire trucks having to make the circle all the way around to John Rodes Boulevard to come back in on Sheridan Road, and it is very difficult at John Rodes Boulevard and Sheridan Road to make that left-hand turn when going south.

Mayor Miller stated the Town talked to Emergency Services regarding the fire trucks; they have been given instructions on how to move the barricades and the car; such car is in neutral; they can get through there in a matter of seconds; and they are fully aware of what they have to do to open the road. Commissioner Ellis inquired is the car unlocked and in neutral; with Mayor Miller responding yes. Mayor Miller advised there is no one there; and the Town has totally coordinated this with other emergency services.

Commissioner Ellis stated he does not think it is right; there is a problem; the County is trying to detour all the traffic it can onto Nasa Boulevard and Ellis Road; it is not right to have the road closed; the speed limit is very low there; and it is strictly enforced. He noted the County could put proper signage in there if there is a concern about people getting lost in Melbourne Village; and he does not think it is right for the Town to close the road.

Commissioner Cook stated he does not disagree; this is not a private gated community; it is a city and incorporated; it is not a private subdivision; it is a dedicated public right-of-way; and no one can block off the waterway or entry to a beach. He noted he can remember years ago there were people who lived on the beach one time who tried that; they thought they owned the access to the beach; the State said they had to take down their fences; and if he was having a heart attack, he would be concerned if they had to push a car out of the way to get to him, even if it is in neutral. He stated for 30 days the additional traffic is a hardship, but the repairs being made on Wickham Road are in the interest of all citizens in the community, including the people that live there; it is something the County was mandated to do for safety on such Road; it is creating some inconvenience on Wickham Road and to the community here; but in order to make those types of improvements, it has to do that. Commissioner Cook stated he understands the concern about additional traffic; that is always a problem; but he does not know how to close a public right-of-way.

Commissioner Ellis stated anytime there is a detour there is additional traffic; there are people who live on Sheridan Road also; they are enduring additional traffic; there is a lot of additional traffic on John Rodes Boulevard and Ellis Road; all these areas are having additional traffic because of the detour situation; and anytime you try and close a major road you are going to have that problem. He noted to pull the old pipes out and put the new ones in, the road had to be shut down; and the County needs the cooperation of all the cities in the surrounding area to get through this.

Commissioner O'Brien inquired do any of the pipes the Public Works Department is replacing there have anything to do with Melbourne Village. Commissioner Ellis responded if you live in Melbourne Village and drive over Wickham Road, you have to go over those pipes; he does not have any doubt the County would win the case; and inquired could it get before a judge to have anything done before the road is completed. County Attorney Scott Knox noted only the judge would let the County know for sure. Commissioner Ellis inquired would the process be to go before a judge and ask for emergency relief; with Attorney Knox responding that is all the County can do. Commissioner Ellis inquired what if it is not granted; with Attorney Knox responding it is virtually over and there is nothing else the County can do.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to direct the County Attorney to file a request for emergency injunction regarding the closing of Sheridan Road by the Town of Melbourne Village due to delay in emergency services and safety considerations for the residents and public caused by barricades and the unmanned vehicle located at the site.

Commissioner Ellis stated if that fails then the County drops the matter altogether because the road would be done by the time it gets back to court. He noted it is not just this issue; and if the County lets this issue go, then every time it has any kind of detour or road project, it will face the same issues again. Commissioner Cook noted it is a shame it has reached this point. Chairman Higgs advised in Attorney Knox's memorandum, he states in order to invoke this exemption the Board would have to make an objective factual determination that the closing of Sheridan Road would constitute an immediate danger to the health, safety, and welfare of the public; and inquired does that mean the Board has to do that at this meeting or is it something Attorney Knox does as a part of his case. Attorney Knox responded the Board has to do that now. Commissioner Ellis stated ambulance or fire truck personnel do not know the key for getting out of there; and they are delayed. Commissioner Cook stated the residents in Melbourne Village are also residents of the County; not only do their City officials have an obligation to them, but the Board has an obligation also as it represents them too; there are two different bodies here that represent the same people; and there is a safety consideration. Commissioner Ellis noted the biggest thing to him is emergency services.

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

DISCUSSION, RE: SUBDIVISION AND SITE PLANS

Commissioner Cook stated Maureen Lemos, 3416 Lawn Brook Court, Melbourne, supports this item, but had to leave; there were a number of instances where the city approves a project and it is next to a County area; and there needs to be some sort of coordination on the drainage and outfalls, and an opportunity for the County to have input and comment.

Commissioner Scarborough stated the County has certain elements of its Comprehensive Plan where it is supposed to have interlocal coordination of planning; perhaps this should be incorporated into the Comprehensive Plan; and the County needs to share with the cities when it is doing a plan. Commissioner Cook stated he agrees with Commissioner Scarborough's comments; and it is good planning.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Board policy and incorporation in the County's Comprehensive Plan that cities be requested to send copies of subdivision site plans to the Public Works Department for comment and review when city subdivisions abut unincorporated areas, and that the County send copies of such plans to the cities when there is development abutting city property. Motion carried and ordered; Commissioner Ellis voted nay.

Commissioner Ellis noted he is voting against the motion because he does not feel it needs to go in the Comprehensive Plan; it needs to be done; however, his concern is that everything gets dumped in such Plan; and it is a very difficult process to put in and take out.

Upon motion and vote, the meeting adjourned at 11:23 p.m.

ATTEST:

SANDY CRAWFORD, CLERK

(S E A L)

NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA