MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA September 12, 1995 The Board of County Commissioners of Brevard County, Florida, met in regular session on September 12, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Deacon Michael McEwee, Ascension Catholic Church, Melbourne, Florida.

Commissioner O'Brien led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Minutes of the June 6, 1995 Regular Meeting. Motion carried and ordered unanimously.

REPORT, RE: MOSQUITO CONTROL PROBLEMS

Commissioner Scarborough requested the Mosquito Control Director advise the Board about the water and mosquito problems. He noted he is pleased with what Mr. Hunt is doing, but he has a massive job this year with the amount of water and the mosquitoes.

Mosquito Control Director Jim Hunt stated what the County has been experiencing since the first weekend in August is the result of Hurricane Erin and Tropical Storm Jerry; the County has some of the worst mosquito population in the last fifteen years, especially in the flood water areas; and at this time the flood water problem is under control, and staff is getting ready to deal with the influx of fresh water mosquitoes, which are the ones that can carry the encephalitis virus. He stated it is anticipated they will peak at the beginning of next week, and will be here until cold weather. He stated last month was one of the busiest for the Division in its history; $120,000 has been spent for insecticides in one month; $23,000 has been spent for overtime in one month; and his staff has done a tremendous job, working twelve and fourteen hour days, six to seven days a week.

Commissioner Scarborough expressed appreciation to Mr. Hunt and his staff; and stated if Mr. Hunt has needs, he should bring them to the Board to be sure there is funding to take care of the mosquitoes.

EXPRESSION OF APPRECIATION, RE: JACKIE JOHNSON

Commissioner Scarborough stated on the Consent Agenda is a resolution for Jackie Johnson, who is retiring; he has been Superintendent of Road and Bridge in North Brevard; and he has been wonderful to work with.

Chairman Higgs wished Mr. Johnson well and congratulated him for his years of service.

REPORT, RE: CONSENT AGENDA ITEMS

Commissioner O'Brien advised the Virginia A. O'Brien who is listed under Item III.E.7 is not his wife. He requested Item III.B.8 be pulled from the Consent Agenda.

REQUEST, RE: CITY OF MELBOURNE TO DELAY ACTION REGARDING WOODSON PROPERTY

Commissioner Cook stated he received calls about the Woodson property which abuts County property; there are plans to put in a large development; and although they have been unable to see the document the Council will be voting tonight, it appears that the traffic stream will run through the County subdivision. He recommended the County Manager send someone to the City of Melbourne Council meeting this evening and request the City delay action on this item until the County has an opportunity to comment.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to request the City of Melbourne delay action regarding the Woodson property until the County has an opportunity to review and comment on the issue.

Commissioner Ellis requested clarification. Commissioner Cook stated staff should attend the meeting tonight and request the City delay action so the County can have input on what effect it may have on the County. Commissioner Ellis stated he tried to get documents; Melbourne provided the agreement without, and suggested finding out what the settlement agreement is and coming back to the issue after lunch. Commissioner Cook stated the Board could do that, but it should have someone from staff attend the meeting. Commissioner Ellis agreed someone should be there. Chairman Higgs stated she would hate to get information in the middle of the afternoon and try to take a position on something on which she has no documents. Commissioner Ellis stated if the City of Melbourne is being asked to table the decision, the Board is taking a position. Chairman Higgs stated the Board is asking for time to review since there are impacts on County roads. Commissioner Ellis stated it depends on what the City is looking at tonight; and the Board does not know if the Council is looking at the site plan, density, or a sewer versus a septic agreement. Commissioner Cook stated if it will not create any severe impact with the City to delay the decision, that is a reasonable request.

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

REQUEST FOR INFORMATION, RE: C-54 CANAL

Commissioner Cook requested the County Manager check on the C-54 Canal. He stated he got a call from the St. Johns River Water Management District; it is discharging approximately 10% of the water from the C-54 canal; the entire area is retaining water; and if there are additional rains, it could create a problem, so he would like additional information on what the District's intentions are.

RESOLUTION, RE: RENAMING PORTION OF FECCO STREET AS ARABELLA LANE

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution renaming a portion of Fecco Street, between Macco Road and Arabella Lane, as a continuation of Arabella Lane. Motion carried and ordered unanimously.

RESOLUTION, RE: RENAMING TROTTERS AVENUE AS HORSESHOE AVENUE AND TROTTERS COURT AS PONY TRAIL

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution renaming Trotters Avenue as Horseshoe Avenue and Trotters Court as Pony Trail. Motion carried and ordered unanimously.

RESOLUTION RELEASING CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS IN VIERA TRACT MMQQ, PHASE III

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with The Viera Company for infrastructure improvements in Viera Tract MMQQ, Phase III. Motion carried and ordered unanimously.

AGREEMENT WITH JAMES G. AND LESLIE S. DEMPSEY, RE: CONSTRUCTION OF ROAD IN EXISTING COUNTY RIGHT-OF-WAY

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute an Agreement with James G. and Leslie S. Dempsey for construction of an unpaved road in an existing County right-of-way. Motion carried and ordered unanimously.

AGREEMENT WITH WILHELM REINDL, RE: BUILDING PERMIT OFF EXISTING RIGHT-OF-WAY

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute an Agreement with Wilhelm Reindl for a building permit off an existing right-of-way, which is being constructed to the standards of Ordinance No. 93-27, and is under a 125% performance bond. Motion carried and ordered unanimously.

AGREEMENT WITH ROBERT AND KIMBERLY RIDDLE, RE: BUILDING PERMIT OFF EXISTING RIGHT-OF-WAY

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute an Agreement with Robert and Kimberly Riddle for a building permit off an existing right-of-way, which has been constructed to the standards of Ordinance No. 93-27. Motion carried and ordered unanimously.

AGREEMENT WITH CHARLES E. MARTIN, RE: IMPACT FEE FINANCING FOR PROPERTY IN CANAVERAL GROVES, SECTION 17

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement with Charles E. Martin for impact fee financing for property in Canaveral Groves, Section 17. Motion carried and ordered unanimously.

CONTRACT WITH THOMAS B. CURRY, JR., RE: GUARANTEEING SIDEWALK IMPROVEMENTS IN ROCKWELL SOUTH SUBDIVISION

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Contract with Thomas B. Curry, Jr. guaranteeing sidewalk improvements in Rockwell South Subdivision. Motion carried and ordered unanimously.

CONTRACT WITH RJR DEVELOPERS, INC. RE: GUARANTEEING SIDEWALK IMPROVEMENTS IN HAMMOCK ESTATES, PHASE II

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Contract with RJR Developers, Inc. guaranteeing sidewalk improvements in Hammock Estates, Phase II. Motion carried and ordered unanimously.

CONTRACT EXTENSION AGREEMENT WITH SPACE COAST MANAGEMENT SERVICES, RE: SIDEWALK IMPROVEMENTS IN RIVERSIDE LANDING SUBDIVISION

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Contract Extension Agreement with Space Coast Management Services guaranteeing sidewalk improvements in Riverside Landing Subdivision. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: THE CLOISTERS, PHASE 2B

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant final plat approval for The Cloisters, Phase 2B, subject to minor changes, if necessary, receipt of all documents documents required for recording, and approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: AQUARINA PUD, STAGE 4, TRACTS 6 AND 7

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant final plat approval for Aquarina PUD, Stage 4, Tracts 6 and 7, subject to minor changes, if necessary, receipt of all documents required for recording, and approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: STONEBRIDGE SUBDIVISION

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant final engineering approval for Stonebridge Subdivision, subject to minor engineering changes as applicable, and approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

WAIVER OF MINIMUM WIDTH REQUIREMENT FOR ACCESS BY EASEMENT, RE: THOMAS SNYDER

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to waive the minimum 25-foot width requirement for access by easement, allowing recognition of an existing easement of 23 feet. Motion carried and ordered unanimously.

WAIVER OF FEES AND TIME CONSTRAINT REQUIREMENTS, RE: SPECIAL EVENT SIGN FOR UNITED WAY OF BREVARD COUNTY

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to waive fees and time constraint requirements for one special event sign for the United Way of Brevard County. Motion carried and ordered unanimously.

BUDGET CHANGE REQUESTS, RE: BREVARD METROPOLITAN PLANNING ORGANIZATION

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Budget Change Requests for Brevard Metropolitan Planning Organization, reconciling the budget with actual and anticipated expenditures through the end of FY 1994-1995. Motion carried and ordered unanimously.

BUDGET CHANGE REQUESTS, RE: TRANSFERS FROM IMPACT FEE TRUST FUNDS TO PROJECT ACCOUNTS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Budget Change Requests to allow transfers from impact fee trust funds to the project accounts for previously approved project appropriations. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ELEVENTH SMALL SCALE AMENDMENT OF 1995, 95S.11, AMENDING FUTURE LAND USE MAP SERIES

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider the Eleventh Small Scale Amendment of 1995, 95.S.11, amending the Future Land Use Map Series of the Comprehensive Plan. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: TWELFTH SMALL SCALE AMENDMENT OF 1995, 95S.12, AMENDING FUTURE LAND USE MAP SERIES

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider the Twelfth Small Scale Amendment of 1995, 95S.12, amending the Future Land Use Map Series of the Comprehensive Plan. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING JACKIE P. JOHNSON

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution commending Jackie P. Johnson for his service to the County. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH RANGER CONSTRUCTION INDUSTRIES, INC., AND FINAL PAYMENT, AND WORK ORDER NO. 2 WITH BRISTOL, CHILDS & ASSOCIATES, INC., RE: RUNWAY 14-32 AND ROAD PROJECT AT VALKARIA AIRPORT

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Change Order No. 1 with Ranger Construction Industries, Inc., decreasing the contract amount by $4,412.20; execute Work Order No. 2 with Bristol, Childs & Associates, Inc., increasing the contract by $3,923; and authorize final payment in two installments to Ranger Construction Industries, Inc. for Runway 14-32 and the road project at Valkaria Airport. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: ISSUANCE OF LOCAL OPTION GAS TAX BONDS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Budget Change Request to allow transfers between accounts in Fund 1201 to cover the cost of the issuance of Local Option Gas Tax Bonds. Motion carried and ordered unanimously.

AGREEMENT WITH JANCY PET BURIAL SERVICE, INC., RE: PICK-UP AND DISPOSAL OF ANIMAL CARCASSES

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement with Jancy Pet Burial Service, Inc. for pick-up and disposal of animal carcasses from the North and South Brevard County Animal Shelters, the Central Brevard Humane Society, the Animal Control Pineda Field Office, and veterinarian offices throughout the County from October 1, 1995 through September 30, 1996, with an option to renew the contract for an additional year. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH HOLMES REGIONAL MEDICAL CENTER LABORATORY, RE: LABORATORY SERVICES FOR MEDICAL EXAMINER

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement to Extend Existing Contract with Holmes Regional Medical Center Laboratory for laboratory services for the Medical Examiner at no change in procedure or rates. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH EAST COAST REMOVAL SERVICE, RE: BODY TRANSPORT

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement to Extend Existing Contract with East Coast Removal Service for body transport services for the Medical Examiner from October 1, 1995 through September 30, 1996. Motion carried and ordered unanimously.

AGREEMENTS WITH STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND BREVARD WORKFORCE DEVELOPMENT BOARD, AND AUTHORIZATION FOR CHAIRMAN TO EXECUTE AMENDMENTS, RE: NET BAN EMERGENCY ASSISTANCE PROGRAM

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement with the Florida Department of Community Affairs for a $15,915 grant, and Agreement with the Brevard Workforce Development Board for the Net Ban Emergency Assistance Program; and authorize the Chairman to execute the necessary amendments to the FY 1995-1996 budget after approval by Risk Management and the County Attorney. Motion carried and ordered unanimously.

PERMISSION TO PREPAY WATER CHARGES, RE: ANIMAL CONTROL FIELD OPERATIONS BUILDING ON PINEDA CAUSEWAY

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize prepayment of water charges in the amount of $432 to the Department of the Air Force for the Animal Control Field Operations Building on Pineda Causeway. Motion carried and ordered unanimously.

APPLICATION WITH DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, RE: FY 1996 STATE AID TO LIBRARIES

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Application to the Florida Department of State, Division of Library Services, for FY 1995-96 State Aid to Libraries funding of $895,005. Motion carried and ordered unanimously.

RESOLUTIONS AND AGREEMENT WITH GRANT HISTORICAL SOCIETY, RE: DONATION AND PLACEMENT OF REAL PROPERTY FOR OLD GRANT DEPOT FACILITY AT FISHERMAN'S LANDING

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolutions and execute Agreement with Grant Historical Society for donation of the Old Grant Depot to the Society for renovation, maintenance, operation and placement on County property at Fisherman's Landing. Motion carried and ordered unanimously.

AGREEMENTS WITH ARTHRITIS FOUNDATION, RE: USE OF SPESSARD HOLLAND, THE HABITAT AT VALKARIA, AND THE SAVANNAHS AT SYKES CREEK GOLF COURSES

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreements with the Arthritis Foundation for use of golf cards at Spessard Holland, The Savannahs at Sykes Creek and The Habitat at Valkaria Golf Courses from May 1, 1996 through November 30, 1996. Motion carried and ordered unanimously.

APPROVAL, RE: BEFORE AND AFTER CARE PROGRAMS AT SHERWOOD AND SABAL ELEMENTARY SCHOOLS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve inclusion of Before and After Care Programs at Sherwood and Sabal Elementary Schools in the FY 1996 Parks and Recreation Budget at a cost of approximately $103,614. Motion carried and ordered unanimously.

FINAL PAYMENT TO AEDILE CONTRACTORS, INC., RE: RENOVATIONS AND REPAIRS AT JAMES NANCE PARK

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve final payment of $3,366.20 to Aedile Contractors for renovations and repairs at James Nance Park. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FOR PROPOSALS, ESTABLISH SELECTION COMMITTEE, AND AUTHORIZE NEGOTIATIONS, RE: CONCESSION SERVICES AT LONG POINT PARK

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize advertisement of proposals from vendors for the operation of the Long Point Park concession; appoint a Selection Committee consisting of Diane Tingley Gunn, Barry Portnowitz and Joe VanderMaazen; and authorize negotiations by the Selection Committee for concession services at Long Point Park. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: INDIA FESTIVAL AT WICKHAM PARK

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to waive provisions of Article IV and Article V, Section 18-104(2) to allow musical entertainment and sale/possession/donation of alcoholic beverages at the India Festival to be held at Wickham Park on January 27, 1996, subject to all state and local regulatory permits being obtained by the sponsors, and provision by the sponsors of security, port-o-lets, traffic control, clean up, and comprehensive general liability insurance with liquor liability coverage for the day of the event. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: COUNTRY CONCERT AT WICKHAM PARK

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to waive provisions of Article IV and Article V, Section 18-104(2) to allow musical entertainment and sale/possession/donation of alcoholic beverages at the Country Concert to be held at Wickham Park on November 5, 1995, subject to all state and local regulatory permits being obtained by the sponsors and provision by the sponsors of security, port-o-lets, traffic control, clean up, and comprehensive general liability insurance with liquor liability coverage for the day of the event. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: TRANSFERRING DEFERRED GRANT INCOME TO FUND ADDITIONAL GRANT EXPENDITURES FOR EMS NORTH BENEFIT UNIT

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve a Budget Change Request increasing the budget of the 1940 EMS North Benefit Unit by transferring deferred grant income to fund additional grant expenditures. Motion carried and ordered unanimously.

AGREEMENT WITH BAREFOOT BAY HOMEOWNERS ASSOCIATION, INC., RE: TRANSPORTATION SERVICES FOR BREVARD SENIOR NUTRITIONAL AID PROGRAM

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement with Barefoot Bay Homeowners Association, Inc. for the provision of transportation services for eligible South Mainland area citizens to the Senior Nutritional Aid Program (SNAP) from October 1, 1995 through September 30,1996. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT AND SERVICE PLAN WITH FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, RE: COORDINATED TRANSPORTATION SERVICES IN BREVARD COUNTY

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Memorandum of Agreement with Florida Commission for the Transportation Disadvantaged for coordinated transportation services in Brevard County from October 1, 1995 through September 30, 1996, and approve the Service Plan. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH EASTER SEALS SOCIETY OF EAST CENTRAL FLORIDA, INC., RE: SCAT TRANSPORTATION SERVICES FOR VENTURES IN LIVING PROGRAM

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement with Easter Seals Society of East Central Florida, Inc. for SCAT transportation services for Ventures in Living Program from October 1, 1995 through September 30, 1996. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH PASTORAL COUNSELING CENTER OF BREVARD, INC., RE: SCAT TRANSPORTATION SERVICES TO CREATIVE CARE CENTERS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement with Pastoral Counseling Center of Brevard, Inc. for SCAT transportation services for Creative Care Centers, from October 1, 1995 through September 30, 1996, in the amount of $27,082.80; and authorize the Chairman to execute any necessary amendments or addenda contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

AMENDMENT #002 TO AGREEMENT WITH FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RE: SCAT SERVICE TO DEVELOPMENTALLY DISABLED

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Amendment #002 to Agreement with Florida Department of Health and Rehabilitative Services (HRS) for SCAT transportation services for developmentally disabled persons, reducing the 1995-96 rate by $4,317 for revised total of $139,593. Motion carried and ordered unanimously.

APPROVAL, RE: DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION GOALS FOR SCAT IN FY 1996

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve the Disadvantaged Business Enterprise (DBE) participation goal of 10% for the federally-funded purchases of SCAT during FY 1996; and authorize a public notice establishing a 45-day comment period. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH COURT ALTERNATIVES DEPARTMENT AND KEEP BREVARD BEAUTIFUL, INC., RE: BEACH CLEAN-UP SERVICES

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Amendments to Agreements with Court Alternatives Department and Keep Brevard Beautiful, Inc., extending beach clean-up services for three months. Motion carried and ordered unanimously.

PERMISSION TO SEEK PROPOSALS, APPOINT SELECTION COMMITTEE, AND RENEW AGREEMENT WITH THE ZIMMERMAN AGENCY, RE: TOURISM ADVERTISING AGENCY

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant permission to advertise request for proposals for Tourism Advertising Agency; appoint the TDC Marketing Subcommittee as the Selection Committee to review proposals and short list them; and approve a one-year renewal of Agreement with The Zimmerman Agency for public relations services. Motion carried and ordered unanimously.

HOLD HARMLESS AGREEMENT WITH MERRITT SQUARE MALL, RE: USE OF PARKING LOT DURING HOUSEHOLD HAZARDOUS WASTE ROUNDUP

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Hold Harmless Agreement with Merritt Square Mall for use of its parking lot during the Household Hazardous Waste Roundup on October 19, 1995. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID TO QUALIFIED LOW BIDDER, RE: WATER MONITORING AND ANALYTICAL SERVICES

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant permission to advertise for competitive bids for water monitoring and analytical services, and award bid to the qualified low bidder. Motion carried and ordered unanimously.

MODIFICATION NO. 1 TO GRANT AGREEMENT WITH U.S. FISH AND WILDLIFE SERVICE, RE: DEVELOPMENT OF SCRUB CONSERVATION AND DEVELOPMENT PLAN

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Modification No. 1 to Grant Agreement with U.S. Fish & Wildlife Service, increasing grant from $100,000 to $112,089 to continue the Special Project Coordinator position for development of the Scrub Conservation and Development Plan. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING BREVARD COUNTY EMPLOYEES AND VOLUNTEERS FOR ASSISTANCE DURING HURRICANE ERIN

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution commending Brevard County employees and volunteers for assistance during Hurricane Erin. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE WORKERS' COMPENSATION CLAIM, RE: CAROL SWYMM

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize Risk Management, through Gallagher Bassett Services, to negotiate a settlement of Carol Swymm's workers' compensation claim. Motion carried and ordered unanimously.

PERMISSION TO PUBLISH REQUEST FOR PROPOSALS, RE: WORKERS' COMPENSATION AND AUTO CLAIMS ADMINISTRATION

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant permission to advertise request for proposals for workers' compensation and automobile claims administration with related services; and appoint Human Resources Director Frank Abbate, Risk Management Director Gerald Jacobs, and Assistant to the County Manager Stockton Whitten to the Selection Committee to review RFP responses. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-5-15 AND AGREEMENT, RE: AUCTIONEER SERVICES

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to award Proposal #P-1-5-15, Auctioneer Services, to Rene' Bates Auctioneers at an estimated cost of $11,697 based on a $300,000 sale; and execute Agreement with Rene' Bates Auctioneers for the service. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-2-5-16 AND AGREEMENT, RE: CENTRAL BREVARD LIBRARY A/C MAINTENANCE

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to award Proposal #P-2-5-16, Central Brevard Library Air Conditioning Maintenance, to Siebe Environmental Controls at $14,133; and authorize the Chairman to execute Agreement with Siebe Environmental Controls for the service. Motion carried and ordered unanimously.

AMENDMENT TO LEASE AGREEMENT WITH CLAUDE W. MILLER, SHERIFF, RE: USE OF COUNTY PROPERTY FOR FARM LAND

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Amendment to Lease Agreement with Claude W. Miller, Sheriff, for use of County property for farm land extending the lease until October 15, 2005, under the same terms and conditions as the original Lease Agreement. Motion carried and ordered unanimously.

BUDGET CHANGE REQUESTS, RE: GOVERNMENT COMPLEX NORTH PROJECT

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve Budget Change Requests to close out Fund 3000 and Fund 3040; and authorize staff to spend remaining money for capital items associated with the Government Complex North project. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: CONSTRUCTION OF NEW FUEL SITE AT CENTRAL FLEET SYSTEMS, MELBOURNE

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant permission to bid construction of a new fuel site at Central Fleet Systems in Melbourne. Motion carried and ordered unanimously.

PERMISSION TO ISSUE AND AWARD ANNUAL SUPPLY BIDS, QUOTES, AND PROPOSALS, AND AUTHORIZE ONE-YEAR RENEWALS, RE: VARIOUS COMMODITIES FOR FY 1996

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant permission to issue and award supply bids, quotes, and proposals for various commodities; and authorize one-year renewals under the same terms and conditions for the commodities. Motion carried and ordered unanimously.

REVISE INGRESS/EGRESS EASEMENT, RE: COCOA BEACH PUBLIC LIBRARY PROJECT

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to revise the 55-foot ingress/egress Easement in order to facilitate site development of Cocoa Beach Public Library Project and the adjacent Postal Service development. Motion carried and ordered unanimously.

MEDIATION SETTLEMENT AGREEMENTS AND MOTION AND STIPULATED ORDER OF TAKING AND FINAL JUDGMENTS WITH JAMES F. AND LILLIAN I. GARY, MARY E., WALTER C. AND MILDRED HEARNDON, AND THEODORE M. AND ADA M. ALEXANDER, RE: BREVARD COUNTY V. DAIRY ROAD PLANT FARM, INC. ET AL

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize execution of Mediation Settlement Agreements and Motion and Stipulated Order of Taking and Final Judgment with Dairy Road Plant Farm, Inc. et al for Parcels 135, 840, 617, 137, 618, 140 and 619 (Hearndon), Parcels 222 and 844 (Alexander) and Parcel 819 (Gary), required for the Dairy Road Widening Project. Motion carried and ordered unanimously.

MEDIATION SETTLEMENT AGREEMENTS AND MOTION AND STIPULATED ORDER OF TAKING AND FINAL JUDGMENTS WITH DONALD L. AND WILMA M. MANNING, DONALD E. AND MARY R. LEGG, AND BENJAMIN OLIVER AND HELEN M. SLAUGHTER, RE: BREVARD COUNTY V. DAIRY ROAD PLANT FARM, INC. ET AL

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize execution of Mediation Settlement Agreements and Motion and Stipulated Order of Taking and Final Judgment with Dairy Road Plant Farm, Inc. et al for Parcels 177, 859 and 672 (Slaughter), Parcels 172 and 670 (Legg), and Parcels 174, 858, and 671 (Manning) required for the Dairy Road Widening Project. Motion carried and ordered unanimously.

MEDIATION SETTLEMENT AGREEMENT AND MOTION AND STIPULATED ORDER OF TAKING AND FINAL JUDGMENT WITH ART STROUD, RE: BREVARD COUNTY V. DAIRY ROAD PLANT FARM, INC., ET AL

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize execution of Mediation Settlement Agreement and Motion and Stipulated Order of Taking and Final Judgment with Dairy Road Plant Farm, Inc. et al for Parcels 158, 852 and 664 (Stroud) required for the Diary Road Widening Project. Motion carried and ordered unanimously.

AUTHORIZE RETAINER AGREEMENTS, RE: LIBRARY SERVICES, SOLID WASTE MANAGEMENT, WATER RESOURCES, AND SURFACE WATER DEPARTMENTS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize Interdepartmental Retainer Agreements with the Library Services Department at $12,000, Solid Waste Management Department at $27,146, Water Resources Department at $27,146, and Surface Water Department at $20,000 for legal services provided by the County Attorney's Office. Motion carried and ordered unanimously.

APPROVAL, RE: COUNTY ATTORNEY'S OFFICE REPRESENTATION OF MERRITT ISLAND REDEVELOPMENT DISTRICT

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize the County Attorney to represent the Merritt Island Redevelopment Agency for a monthly retainer of $200. Motion carried and ordered unanimously.

APPROVAL, RE: WRITE-OFF OF UNCOLLECTIBLE AMBULANCE ACCOUNTS RECEIVABLE IDENTIFIED BY EMS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve write-off of uncollectible ambulance accounts receivable as identified by Emergency Management Services. Motion carried and ordered unanimously.

APPROVAL, RE: WRITE-OFF OF VARIOUS UNCOLLECTIBLE RECEIVABLES IDENTIFIED BY BOARD DEPARTMENTS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve write-off of various uncollectible receivables identified by various Board Departments. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: F.I.N.D. PAYMENT FOR HAULOVER CANAL PROJECT

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to acknowledge receipt of payment in the amount of $55,791.94 from the Florida Inland Navigation District for the Haulover Canal Project. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to appoint Centi Thomson, 4330 Peppertree Street, Cocoa and Fran Wells, 821 Hanau Avenue NW, Palm Bay to the Septic Tank Task Force; appoint Patricia A. McEwen, P. O. Box 500923, Malabar, to the Brevard County Commission on the Status of Women; appoint Kim Gabriel, P. O. Box 2557, Melbourne, to the Affordable Housing Council; appoint Hank Hurley, 109 E. Nelson Avenue, Melbourne, as permanent member and Al Metzger, 2930 Arizona Street, West Melbourne, as alternate to the Planning and Zoning Board; and reappoint Kenneth Carah, 935 Sorrel Street NW, Palm Bay to the Melbourne-Tillman Water Control District. Motion carried and ordered unanimously.

BILLS AND BUDGET TRANSFERS

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

PERSONAL APPEARANCE - ARTHUR R. McDERMOTT, ANCIENT ORDER OF HIBERNIANS IN AMERICA, RE: RESOLUTION PROCLAIMING COMMODORE JOHN BARRY DAY

Commissioner O'Brien read aloud a resolution proclaiming September 13, 1995 as Commodore John Barry Day.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming September 13, 1995 as Commodore John Barry Day, in honor of Commodore Barry's memory. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Arthur R. McDermott, representing the Ancient Order of Hibernians in America. Mr. McDermott expressed appreciation on behalf of the Ancient Order of the Hibernians, the Irish community, and the Navy veterans in Brevard County. Ed Riley thanked the Board for keeping up the great Irish concept of maintaining the high ground.

PERSONAL APPEARANCE - CHAS HOYMAN, CHAIRMAN OF THE ECONOMIC DEVELOPMENT COMMISSION OF EAST CENTRAL FLORIDA, RE: RESOLUTION PROCLAIMING INDUSTRY APPRECIATION WEEK

Commissioner Cook read aloud a resolution proclaiming September 18 through 22, 1995 as Industry Appreciation Week.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution proclaiming September 18 through 22, 1995 as Industry Appreciation Week. Motion carried and ordered unanimously.

Chas Hoyman, Chairman of the Economic Development Commission of East Central Florida, expressed appreciation to the Board; and announced the Industry Appreciation Dinner will be held next Tuesday. He noted approximately 25 companies which have expanded or relocated to the County will be recognized.

Chairman Higgs noted all the Commissioners will be at the Board meeting, but will be thinking of the EDC.

PERSONAL APPEARANCE - LOIS STUDSTILL, OFFICE OF HUMAN RESOURCES, RE: PRESENTATION OF EMPLOYEE INNOVATIONS PROGRAM CERTIFICATES AND CHECKS

Commissioner Cook stated the Employee Innovation Program recognizes the importance of employees' involvement in the organizational development and offers significant incentives for suggestions which result in improved productivity, health and safety, or operating savings for the County. He advised monetary awards can range from $25 to $2,000 based on net savings of the suggestion; every employee submitting a suggestion is given a certificate of recognition by the County Manager and is recognized in the County Newsletter; and employees receiving a monetary award are recognized before the Commission.

Chairman Higgs stated Jim Stuart of Parks and Recreation recommended modifying a Honda engine to replace the original engine in a utility vehicle; and this suggestion was implemented for a savings of $930 per vehicle. She stated Warren Wallace in Library Operations suggested modifying a filing cabinet drawer; the cost of the modification is less than the cost of replacing the cabinet; and implementation of the suggestion resulted in a savings of approximately $1,200. She stated Judith Inman of Parks and Recreation developed a form which combines three separate forms into one form; and the suggestion is in the process of being implemented. She stated Dave Reed of Parks and Recreation suggested setting up an open purchase order with local vendors for equipment repair; the parts are less expensive than using the previous method; and it results in a saving of time and approximately $1,600. She advised Rebecca Slack of Library Operations suggested contracting with a private courier service rather than providing the service internally; it was implemented in January, 1995; and the savings has been $44,000. She stated the Board and the citizens of the County appreciate the suggestions.

Commissioner Cook, with the assistance of Lois Studstill of the Human Resources Office, presented the checks and certificates.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-0F-WAY IN PLAT OF SHORES HOLDING - CANAVERAL PORT AUTHORITY

Chairman Higgs called for the public hearing to consider a resolution vacating rights-of-way in Plat of Shores Holding as petitioned by the Canaveral Port Authority.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution vacating rights-of-way in the Plat of Shores Holding as petitioned by the Canaveral Port Authority. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING ANNUAL SOLID WASTE DISPOSAL, COLLECTION AND RECYCLING SPECIAL ASSESSMENT, SOLID WASTE IMPACT FEE, AND ANNUAL DISPOSAL, COLLECTION AND RECYCLING SPECIAL ASSESSMENT ROLLS

Chairman Higgs called for the public hearing to consider resolutions adopting annual Solid Waste Disposal, Collection and Recycling Special Assessment, Solid Waste Impact Fee, and Annual Disposal, Collection and Recycling Special Assessment Rolls.

Commissioner Cook stated he does not have a problem with the assessment which is at the same rate as last year, but has concern about the $2 fee; it is a one-time fee due to the hurricane, but most of that is being reimbursed; and there have been a lot of complaints about the waste haulers. He stated any time there is a situation like that, it is a crisis; but the County learned a lot, and if it has to go through that again, there might be a different mechanism so people do not have to wait three and four weeks to get their waste picked up. He stated he does not have a problem with the resolutions or assessments; and inquired if they are the same rates as last year; with Solid Waste Management Director Richard Rabon responding that is correct.

Chairman Higgs stated if the Board shifted $2 from the disposal to the collection, any additional cost would be covered, and the long term effect on the disposal probably would be insignificant. She stated if the County is not in need of the additional money and is covered by the federal government, it can be put back into savings for the future. She stated it would be a flat rate, and the Board would be able to cover any increased charges if they are not covered by the State or federal government.

Commissioner O'Brien inquired how much revenue would be created by the $2 charge; with Mr. Rabon responding between $150,000 to $160,000. Commissioner O'Brien inquired if the County expects 100% reimbursement from FEMA and the State; with Mr. Rabon responding probably not 100%; it is 100% of allowable costs; and some of the costs are still being negotiated with FEMA. Commissioner O'Brien inquired if Mr. Rabon expects to come up about $200,000 short. Mr. Rabon stated it is difficult to say, but 10% short would be approximately $200,000. Commissioner O'Brien stated if $150,000 is taken out of the solid waste disposal assessments, it would not have a significant impact on the revenues that are held for the future; on the other hand, it is taking away from a plan that was instituted by the Board years ago in an effort to have the money to buy landfills by paying cash rather than bonds; and he does not like tapping into a fund that has been specifically set up for that purpose, even though it is only $150,000.

Commissioner Cook stated it is adding insult to injury to tell people they will have a $2 surcharge because of this; he was not happy with many of the responses; and he can give names of citizens from whom he got calls. He stated the people were trying to be understanding, but two or three weeks down the line, it is difficult to do that. He stated the Board does not even know if there will be a shortfall or what it will be; and inquired if Chairman Higgs said to take it out of the solid waste disposal assessment and charges. Chairman Higgs responded the money that would be needed would be in collections; if the disposal assessment is decreased by $2 and it is put into the collection assessment, it is holding the overall rate at the same amount; and the $150,000 or $200,000 that may potentially be needed could be held, and if they were not needed, they would be available. Commissioner Cook stated Solid Waste has huge reserves; and if there is a shortfall, it would be appropriate to take it out of that rather than going to the rate payer. Chairman Higgs inquired what are the reserves in the disposal fund; with Mr. Rabon responding the reserves are significant in the disposal fund, but in the collection fund it is only $350,000; and the funds cannot be mixed. Mr. Rabon advised they are two separate MSBU's; the collection MSBU covers the unincorporated area; and the disposal MSBU covers the entire County, including the cities. He stated in the past, money has been loaned from one fund to the other, but that money has to be repaid with interest. He stated the collection fund has $350,000 in reserves which probably would be sufficient to cover any shortfall from FEMA, but it would make the reserve fund very thin.

Chairman Higgs stated if $2 were added to the collection, that reserve fund would be brought up, and they would cover not only the losses this year, but there would be some reserve. County Manager Tom Jenkins advised if the Board is going to make that adjustment, it needs to do it now, and not during the year. Chairman Higgs stated the Board understands that.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolutions adopting the Annual Solid Waste Disposal, Collection and Recycling Special Assessment, Solid Waste Impact Fee, and Annual Disposal, Collection and Recycling Special Assessment Rolls, reducing the annual solid waste disposal fee by $2 and increasing the collection fee by $2.

Commissioner O'Brien inquired if Commissioner Scarborough will agree to an amendment for the motion to expire at the end of one year; with Commissioner Scarborough responding yes, it is for one year. Chairman Higgs noted it is an annual rate setting that has to be done.

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

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 an ordinance amending Ordinance No. 90-30, Emergency Medical Services Assessment Billing and Collection.

Assistant Chief A. Fawcett, representing the City of Palm Bay and other ALS entities, stated several house cleaning issues have been recognized in Ordinance No. 90-30; and requested an extension to the November 28, 1995 meeting. He noted he has discussed this with County staff; and staff has no problem with that. Assistant County Manager Joan Madden advised there is no problem in continuing the item; but staff would like to get the item completed in time for next year's legislative session because there are some changes that need to be incorporated to bring the County in tune with the Statutes.

Commissioner Ellis inquired if the County has considered a franchise fee. Ms. Madden responded staff has not proposed a franchise fee. Commissioner Ellis stated in North Brevard, Fire Rescue picks up the calls that are the most expensive, and Coastal picks up the calls of those people who will pay. Ms. Madden advised Coastal currently has the franchise to do the BLS transport, and the County does all of the ALS. Commissioner Ellis stated today there is a long list of people who are not going to pay; and inquired if there has been any thought to look at some kind of franchise fee for North Brevard to help supplement what the County is picking up through Fire Rescue. He stated in South Brevard, Harbor City Ambulance does both; and as a result, the South Brevard rates are significantly lower than the North Brevard rates. Ms. Madden stated if that is the direction of the Board, staff will be happy to look at it. Commissioner Ellis requested a report on the possibility of a franchise fee in North Brevard; and stated North Brevard pays almost three times as much as South Brevard for ambulance service.

Commissioner Scarborough stated there was a workshop on this, and he thought some analysis was being done about combining Fire Rescue; and inquired if Commissioner Ellis' idea is easily incorporated with what is being studied at staff level. County Manager Tom Jenkins stated it could be incorporated. Commissioner Scarborough stated this could be included when staff comes back with the report so the Board can discuss it all at the same workshop. Chairman Higgs stated there is interest on the part of the Board to see the other possible ways to do it. Commissioner Cook requested staff include the different levels of service because that has an impact on the rate.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing on an Ordinance amendment to Ordinance No. 90-30, Emergency Medical Services Assessment Billing and Collections to November 28, 1995. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 14, ARTICLE III, DIVISION 1, SECTION 14-91(3), ANIMAL CARE FACILITIES

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 14, Article III, Division 1, Section 14-91(3), Animal Care Facilities.

There being no comments or objections heard, motion was made by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 14, Article III, Division 1, Section 14-91(3), Animal Care Facilities. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 88-44, SPACEPORT FLORIDA AUTHORITY

Chairman Higgs called for the public hearing to consider an ordinance amending Ordinance No. 88-44, Spaceport Florida Authority.

Commissioner Scarborough inquired if this is what the Spaceport Florida Authority is recommending; with County Manager Tom Jenkins responding yes; it changes the name of the entity so as not to be in conflict with the State agency; and it does some other housekeeping things.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance amending Ordinance No. 88-44, Spaceport Florida Authority. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING NINTH SMALL SCALE AMENDMENT OF 1995, 95S.9, AMENDING FUTURE LAND USE MAP SERIES

Chairman Higgs called for the public hearing to consider an ordinance adopting the Ninth Small Scale Amendment of 1995, 95S.9, amending the Future Land Use Map Series of the Comprehensive Plan.

Commissioner Scarborough stated Grissom is a new road; and while it is not built up, the Board needs to be careful not to get a hodgepodge. He stated in overall planning, it would be nice if there was a larger mall at some of the major intersections, but to have Grissom Road become a hodgepodge of little commercial environments may not be where the Board wants to take this. He stated staff recommends denial.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to deny ordinance adopting the Ninth Small Scale Amendment of 1995, 95S.9, amending the Future Land Use Map Series of the Comprehensive Plan.

Commissioner Ellis inquired if Commissioner Scarborough's desire is to re-evaluate the whole length of Grissom Parkway. Commissioner Scarborough stated he talked to staff; the CRG was concerned about this happening; and if it is the desire of the Board, a CRG could be formed to look at this issue again because as time goes on there may be a desire to determine how commercialization would take place on Grissom Parkway. Commissioner Ellis stated, looking in the long term, Grissom Parkway will be a four-lane, divided highway, and residential property abutting it does not make a lot of sense. Commissioner Scarborough agreed; and stated he is also concerned if it will end up with strip commercial establishments like U.S. 1 in a lot of areas of the County. He stated what he would like to see is a means to have commercialization that does not create the traffic and drainage problems, and leads to a better utilization of the property overall; and that can be handled through a CRG.

Steve Lawhon, 3635 Atlanta Street, Cocoa, stated he is trying to get a mixed use district in this area; and submitted maps. He stated he owns Lots 14 and 15; the lots directly behind that are in the process of being purchased by the First Christian Church; and the Church has been in contact with the owners of Lots 12 and 13 on both sides to purchase those properties as well. He stated Jim Kelly, who is purchasing the properties for the church, has no problem with him putting in mini-warehouses; and Mr. Kelly feels if the warehouses are next to the church, there will be no late night activities such as a nightclub, etc. He stated he proposes to have a buffer area to keep the entire property buffered so it will look nice from the road; he lives and has a business in the Canaveral Groves area; and while he wants to see growth in that area, he wants to see it kept nice.

Commissioner Scarborough stated staff advised there is a possibility that Mr. Lawhon can switch with the properties to the south; and inquired if that is in the works. Mr. Lawhon responded yes, the church wants eight lots in a row; and Mr. Kelly is trying to purchase the two lots across the street, Lots 12 and 13. Commissioner Scarborough noted those are the ones that are contiguous to the IU-1; and he may have a different feeling about the application if it is for the lots that are abutting the IU-1. He stated Mr. Lawhon may want to work on exchanging properties if it makes sense to him and the church to do that; and if Mr. Lawhon's lots were by the IU-1 zoning, it would create less of a problem of creating a precedent. He stated that may be something Mr. Lawhon may want to consider pursuing; but right now, he would like to proceed with denying this particular request, and having it reconsidered by the study group.

Commissioner O'Brien stated he agrees; it is tantamount to spot zoning; and that is why he joined the denial.

Mr. Lawhon inquired what does Commissioner Scarborough want to do. Commissioner Scarborough presented Mr. Lawhon with a map; and explained his rationale for the property switch. Mr. Lawhon stated if he is denied today and switches with the church, then the property is not going to be zoned for commercial use. Commissioner Scarborough recommended taking it one step at a time; stated all the Board sees is Mr. Lawhon's application and everything else is just dialogue; sometimes deals work out, and sometimes they do not; but the public record will indicate that the Board moved forward with sort of a spot zoning. He stated he is not saying there should not be commercial utilization on Grissom Parkway; there needs to be community involvement; and if Mr. Lawhon brings his property next to a zoning like IU-1, then it would be easier for the Board to consider an expansion of the existing zoning rather than creating a new enclave in a residential or GU area.

Commissioner Ellis stated it is not really a spot zoning; right now it is zoned GU, so currently it has no zoning; and it is neither commercial nor residential. He stated to the south, Mr. Lawhon's lots are only one lot away from the industrially zoned area; and the lot between Mr. Lawhon's and the industrially-zoned lot will probably also go commercial. He stated he does not have a problem with what Mr. Lawhon is doing; he only has approximately three acres; and it is not fair for the applicant to have to wait for everything to be done up and down the whole length of Grissom Road to decide what to do with his two and one-half acres. He stated the County has taken a $530 fee from the applicant; and if the movement is to go back through the CRG process, the applicant should have been told that before he paid the fee. He stated he does not think it is right to take the fee, and then deny when the property will eventually be on a four-laned road when Grissom Road is widened, is contiguous to industrial property, is in a General Use category which cannot be used for commercial, and is insufficient acreage to build as residential; and it makes sense to let that area go commercial.

Chairman Higgs advised this is not a zoning action, but a Comprehensive Plan Small Scale Amendment; and this does meet the criteria of the policies for Mixed Use Districts and Commercial Clusters.

Commissioner Cook stated this area will be a commercial area; but he will support the motion to deny to see if something else can be worked out.

Commissioner O'Brien stated if there was a Comprehensive Plan change, all of those lots could be changed, but he does not like doing it piece by piece. Commissioner Ellis stated the problem is there is one owner who has two lots; he has no control over the other hundreds of lots in Canaveral Groves; the owners of those lots live all over the world; and inquired if it is fair to hold the applicant up waiting to find out from all the other owners what they want to happen on Grissom Road. Commissioner O'Brien stated the County can ask as many as possible, and can declare the area to be what it is supposed to be. Commissioner Ellis stated it is not fair to hold up one applicant until the County finds out from all the other people what they want to do; there have been letters from people on Satellite Boulevard who are opposed to having trailers, but who have no idea what is in Canaveral Groves because they have not seen their lots in 30 years; the applicant only owns two and one-half acres, not a forty-acre tract; and this is stopping his plans to use his property for what may or may not happen in the CRG.

Commissioner Cook stated Commissioner Scarborough has not had an opportunity to meet with the applicant to discuss all the issues involved; and inquired if it would be better to table this issue. Commissioner Scarborough stated the CRG did this area; one of the main concerns of the CRG was the nature of how commercialization occurs; and the Board is doing a disservice in having the CRG express a concern and then doing something different. He stated if the Board wants to address this, it should be sent to the CRG to do it right; if the Board approves this without sending it back to the CRG, in a few years, another will come in and not be sent to the CRG; and over the years, the Board will have lost the opportunity to do something it was trying to do. He stated the Board very seldom has a new road that it can set the tenor of and worry about all the problems at one time; if the Board does it bit by bit, it will not have the same thing it originally planned for; and he would like to do this right. Commissioner Ellis inquired if the CRG was concerned about Grissom Parkway, why did it not do something. Commissioner Scarborough stated they actually removed some commercial from some areas about which they had concern. Chairman Higgs stated they left it residential. Commissioner Scarborough stated there were some parcels that were in and out of commercial; and the CRG was concerned about not having an overall plan. He stated if the Board wants to approve returning some of the applicant's fees, that is a different issue; but he would like to have a CRG created to study this correctly.

Mr. Lawhon stated Commissioner Scarborough said the Board owes this to the people, but this has been publicly noticed. Chairman Higgs recommended Mr. Lawhon make a final statement as opposed to involving Commissioners in a conversation. Mr. Lawhon stated what he hears is that everyone agrees Grissom Road is going to be four-laned and will be commercial.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to re-form a CRG to study the issue of the commercialization along the Grissom Parkway corridor. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, to approve refund of application fee to Steve Lawhon. Motion died for lack of a second.

Commissioner Ellis stated if the intent is that nothing is going to be approved until there are CRG meetings, staff should have informed the applicant and his money should not be been taken. Assistant Growth Management Director Peggy Busacca advised staff informed the applicant that it would recommend denial prior to Mr. Lawhon submitting the application fee; and the application fee does not completely cover the advertising cost. Commissioner Ellis inquired what was the reason for denial, given the proximity of the highway and the industrial zoning. Ms. Busacca stated staff gave the same reasons that have been outlined, that it does not meet the locational criteria of the Comprehensive Plan; staff advised it would recommend denial; and staff informed the applicant of the previous CRG meetings with the Canaveral Groves Plan and things that had happened previously in this area. She stated the applicant wished to address the Board and have the determination made by the Board rather than just having a staff recommendation.

ORDINANCE, RE: ADOPTING TENTH SMALL SCALE AMENDMENT OF 1995, 95S.10, AMENDING FUTURE LAND USE MAP SERIES

County Manager Tom Jenkins advised there was an item that was advertised for today, but was not included on the Agenda; the applicants are present; and suggested the Board continue the public hearing to consider the Tenth Small Scale Amendment.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to continue the public hearing to consider the Tenth Small Scale Amendment of 1995, 95S.10, Amending Future Land Use Map Series to September 26, 1995.

Commissioner Ellis inquired if the item can be done today; with Chairman Higgs responding none of the Commissioners have the item, and she would be uncomfortable voting without having looked at it. Commissioner Ellis suggested getting the item and doing it after lunch. Chairman Higgs stated the applicants are present, and the motion is to continue it to the next meeting.

Chairman Higgs recommended the item be set for a time certain. She called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

Commissioner O'Brien inquired if it could be set as the first item after personal appearances. Chairman Higgs stated it could be set at 10:00 a.m.

PUBLIC HEARING, RE: ORDINANCE PROHIBITING MINORS IN PUBLIC BARS

Chairman Higgs called for the public hearing to consider an ordinance prohibiting minors in public bars.

Warren Husband, Suite 701, 215 South Monroe Street, Tallahassee, Attorney representing the Florida Restaurant Association, stated the ordinance seeks to extend the regulation to restaurants; and the regulation of restaurants including the bar areas is specifically pre-empted to the State under Florida Statutes. He stated the State supervises the conduct, management, operation and sale of alcoholic beverages under the Florida Statutes; and local governments have limited authority in this realm. He stated Section 562.452, Florida Statutes, does permit local governments to regulate the type of entertainment and conduct permitted in any establishment licensed under the Beverage Law; however, the Statute was intended to authorize the regulation of public nudity in a bar or tavern. He stated that is not the situation the proposed ordinance is intended to deal with; and this is unlike ordinances that regulate nudity in bars or taverns because those ordinances regulate individual conduct within those establishments, whereas the proposed ordinance would prohibit a minor, regardless of his conduct, from being in a particular area in a restaurant. He stated the ordinance, as presently drafted, is unconstitutionally vague, is over broad, and is unreasonable; and those are the legal impediments which stand against the ordinance. Mr. Husband stated this is bad public policy; coming from Tallahassee, he has watched many bad ideas get ushered through the legislative process; generally they start with some isolated incident that someone observes; it gives rise to a bill; and it gains a momentum of its own until it gets all the way through the process, without anyone asking why the regulation is necessary for the public welfare. He stated he cannot fathom what the proposed ordinance is supposed to accomplish; the rationale cannot be to add a greater prohibition to minors having access to alcohol as that is already illegal; if the ordinance is geared toward shielding minors from seeing that alcohol is being served, it does not serve that purpose because an individual could still sit in a dining room with a child and have a glass of wine with dinner; and he assumes it would not prevent him from taking his son's Little League team to a sports bar to watch the big game on a big screen TV. He inquired what is gained by prohibiting a minor from sitting at a bar stool or at a table adjacent to a bar area. He state this is usurping parental responsibility; and if he feels his child is mature enough not to be irreparably harmed by the action of sitting at a bar or in a bar area, then that is his parental right, and not a decision the Commission should be involved in. He addressed the impact to the tourist industry.

Commissioner O'Brien inquired if Mr. Husband read the ordinance and fully understood it. He stated half of the things Mr. Husband said were incorrect; and read aloud definitions from the ordinance. He stated this has nothing to do with going to sports bars, sitting at a table, going into a restaurant, and anything Mr. Husband said. He stated the restaurant laws were made for the beverage and food quality standards, which leaves the door open for any county or municipality, as long as it does not address the content or quality of the alcohol, the quality of the food, or the service of the food, to control entertainment and conduct. Commissioner O'Brien stated Mr. Husband has misconstrued the intent, and obviously has not read the ordinance. Mr. Husband responded he did read the ordinance, and researched the legislative history of the Statute; and he can represent that was the original intent. Commissioner O'Brien stated Mr. Husband would not have made the statements he made if he had read the ordinance; and all the ordinance talks about is a child sitting at the bar. Mr. Husband stated he disagrees; and if he goes into a Chili's Restaurant, and all the tables are taken, he cannot sit at the bar with his child and have a meal because this law would make it illegal. Commissioner O'Brien stated in that case, Mr. Husband is correct; but he is sure that happens no more often than once or twice a year; and inquired if the discussion is about money or deciding what is right. Mr. Husband inquired if this is an incident that happens only once or twice a year, why is there an ordinance, and what is the evil. Commissioner O'Brien stated the evil is not that the customers want to sit at the bar to have dinner with their child; but he recently witnessed parents bringing a child to a bar, putting the child on a bar stool, ordering their beers and getting drunk, and letting the child fall asleep on the bar at a restaurant on Merritt Island; and then the parents put the child in the car and drove home drunk. He stated that is the intent of the ordinance; it is not for a family that wants to have dinner; a family wanting to have dinner will sit at a table to have dinner in 99% of the cases; and very few families sit at the bar. He inquired if Mr. Husband sits at a bar very often; with Mr. Husband responding not very frequently, but occasionally. Commissioner O'Brien inquired why does Mr. Husband sit at the bar; with Mr. Husband responding typically to have a drink or to have something to eat. Commissioner O'Brien stated people sit at a bar to get faster service of their alcohol; if someone sits at a table, they have to wait for a waitress, and that takes the fun out of drinking; and that is logic, and that is generally how it is applied. He stated people who really want to have dinner will wait for a table to have dinner, but most people sit at a bar to have faster alcohol service; and if they sit a child next to them, they are then condoning that action which is the wrong action to condone. Mr. Husband inquired what would prevent someone from sitting at a table in a dining room and consuming a bottle of wine, and being drunk with their child at the table; and stated he does not see why this situation is being singled out, and he finds faults with the initial premise.

Larry Witcher, 1343 Dewey Court, Rockledge, General Manager of the Durango Steakhouse, stated he is an experienced restaurant operator; he has been in the restaurant business for twenty years; and he has been involved with managing the Durango Steakhouse since its opening a year ago. He stated the Durango Steakhouse is a neighborhood, family restaurant; it has served over 200,000 people during its first year of business; the vast majority of the 200,000 were families; and a huge percentage of the families have children under the age of eighteen. He stated Durango Steakhouse also has a bar area which dispenses alcohol for on-premise consumption; he read the proposed ordinance; and the bar area, as it is defined in the ordinance, could be any one of the tables in the restaurant because beer and wine are poured and sold at the table, and a tabletop could be construed as a countertop. He stated if the Board adopts the ordinance, the local neighborhood families could become outraged at the Board because they could no longer come to the Durango Steakhouse and enjoy a family dinner with their children in the manner they have done for the past year. He stated if the Board adopts the ordinance, it could devastate the business; the restaurant pays taxes as a business; the 70 employees pay all of their taxes; and they are very proud of the strong contribution they make to the economic health of the community. He stated they pay and play by the rules; and the ordinance is an effort to change the rules in the middle of the game, which is not fair. He stated another ordinance or law is not needed to help run the business; there are already plenty; and they abide by them all. He stated the restaurant is certified under the Florida Beverage Law as a responsible vendor of alcoholic beverages; and as a part of the certification, regular training sessions are held, and regular testing is done of all employees who have anything to do with the dispensing, sale or serving of any alcoholic beverage to insure that the restaurant complies fully with the law. He stated the restaurant checks ID's of anyone appearing to be under the age of 30; and it is house policy that no one is allowed to sit directly at the bar if they are under 21 years of age. He stated they do not sell or serve any non-alcoholic beer to minors, although they could do that legally; but they choose to go beyond the letter of the law in order to avoid the appearance of doing something that is irresponsible much less illegal. He stated Section 7 of the proposed ordinance, which relates to enforcement and penalties, adds insult to injury; it makes him act as the police person to enforce the County's ordinance; and if he fails to prevent a family with a child under eighteen years of age from entering his family restaurant, he can become the criminal and be imprisoned for 60 days and fined $500. He stated that is wrong; and urged the Board to reject the proposed ordinance.

Kay Brown, 245 Nora Avenue, Merritt Island, stated she is the mother of two young children, a member of the Merritt Island Presbyterian Church, and Chief of the Shawnee tribe of the YMCA Indian Maidens; and she is concerned about the welfare of children. She stated she also owns a restaurant and is President of the Brevard County Chapter of the Florida Restaurant Association; and she is concerned about the welfare of the industry. She stated they are responsible, concerned business owners, and are very disturbed by the ordinance; it will have a dramatic impact on the industry; and it is subject to a great variety of interpretation. Ms. Brown stated the restaurant industry provides a number of jobs to unskilled and semi-skilled entry level employees; these jobs are vital to the economic well-being of the community; and anything that impacts the industry's ability to do its business impacts these jobs. She stated the Responsible Vendor Act is in effect; it was put into law in order to enable the State to assist vendors of alcoholic beverages to set policies which deal with concerns like this in their businesses; and this would be an appropriate avenue to address this concern. She stated many establishments have house policies regarding this; and they deal with these issues very successfully. She stated this is a tourist area; the ordinance will have a dramatic impact on the beach area; and inquired what about a family that wants to walk up to a beachside bar to have a refreshment, and will they not be able to come their with children. She stated the mention of a portable bar could be interpreted to mean portable bars in hotel ballrooms at wedding receptions; and inquired if 18-year old bridesmaids or 5-year old flower girls will be banned from wedding receptions. She stated this is subject to a wide variety of interpretation which can have a far reaching impact on many businesses in this area. She stated the punitive damages are excessive; and it puts a terrible burden on business people in the community. She stated as brought up by the General Counsel of the Florida Restaurant Association, this ordinance is illegal, and possibly unconstitutional; it is not a good law for the citizens of Brevard County; it is not a good law for the business community or the tourist industry; and urged the Board to vote against the ordinance.

Jay Schenck, 5440 Schenck Avenue, Rockledge, President of Schenck Beverages, stated he has been in the community since 1958; and he has been taught that it is State law that a minor is not allowed to sit at a bar of an alcohol establishment, but he does not know the Statute. He stated most of the establishments are family environments; they are responsible citizens; they support the community; and the proposed ordinance would be detrimental to businesses and the tourist environment. He requested the Commissioners reconsider the ordinance. Debbie Minicus, 34 Barton Avenue, Rockledge, declined to speak.

Glenn Summers, 1550 West King Street, Cocoa, President of Fat Boys Barbecue Franchise Systems, stated they currently operate stores in three states; and the first store was in Cape Canaveral in 1958. He stated the County should not put itself in a position to try to operate restaurants or establish policies; the Responsible Vendor programs are in place; and the County is setting itself for continued litigation if it enacts the ordinance. He proposed the next time the sponsor of the ordinance witnesses such an event that he contact the management of the establishment directly; the manager should be made aware of a situation such as Commissioner O'Brien described; and the Fat Boys Restaurants would be glad to have an oversight such as that pointed out, and would be glad to remedy it immediately. He stated Fat Boys is a family dining facility; there is a mix of hard liquor as well as beer in some facilities; there are bar facilities which serve for overflow dining; and there is table service for all types of alcoholic beverages. He stated the enforcement of under age patrons in a bar area, particularly where the parents are not doing their job, should be left up to the restaurant. He stated the reason he sits at bars is because the service is usually faster, the television is there, and he can see everything going on.

Norbert L. Misch, 1386 Walton Heath Court, Rockledge, declined to speak.

Ron Chabot, 4720 Curtis Boulevard, expressed support of the position of the Florida Restaurant Association.

Roger Osburn, P. O. Box 1102, Sharpes, expressed support of the position of the Florida Restaurant Association.

Lee North, Jr. 5010 Ranchwood Drive, Cocoa, expressed support of the position of the Florida Restaurant Association.

Robert Butler, 340 Thyme Street, Satellite Beach, expressed support of the position of the Florida Restaurant Association.

Michael J. Eubank, 1306 Heritage Acres Boulevard, Rockledge, expressed support of the position of the Florida Restaurant Association.

Tom Joynes, 6730 Buxton Avenue, Cocoa, expressed support of the position of the Florida Restaurant Association.

Doug Masterson, P. O. Box 560871, Rockledge, expressed support of the position of the Florida Restaurant Association.

JoAnn Eubank, 1380 Walton Heath Court, Rockledge, expressed support of the position of the Florida Restaurant Association.

Douglas Kergald, 2459 Empire Avenue, Melbourne, expressed support of the position of the Florida Restaurant Association.

Fran DeMougin, 810 Jasmine Drive, Rockledge, expressed support of the position of the Florida Restaurant Association.

George McDaniel, 2681 Longwood Boulevard, Melbourne, expressed support of the position of the Florida Restaurant Association.

James Johnson, 1570 Hiddenwood Road, Cocoa, expressed support of the position of the Florida Restaurant Association.

Raymond Dougherty, 3064 Quayside Court, Melbourne, expressed support of the position of the Florida Restaurant Association.

Timothy Heeke, 3320 Atlanta Street, Cocoa, expressed support of the position of the Florida Restaurant Association.

Pete Leavitt, 2195 Friday Road, Cocoa, expressed support of the position of the Florida Restaurant Association.

Eddie Johnson, 1770 Carlton Street, Merritt Island, expressed support of the position of the Florida Restaurant Association.

Bill Farina, 454 St. Lucia Court, Satellite Beach, expressed support of the position of the Florida Restaurant Association.

Bill Parsons, 2080 North Atlantic Avenue, Cocoa Beach, expressed support of the position of the Florida Restaurant Association.

Heidi Brandon, 4200 Tangelo Avenue, Cocoa, representing the Cocoa Beach Area Chamber of Commerce, stated Commissioner O'Brien addressed the Executive Committee last week; the Chamber polled its membership; she has a copy of the result and a letter from the Chairman of the Executive Board of the Cocoa Beach Area Chamber of Commerce; and read a portion of the letter aloud as follows: "It is the opinion of the Cocoa Beach Area Chamber that while we do not in any way endorse underage alcohol consumption, we do not support the ordinance as written. Business owners have spoken out across this country as well as in our County echoing this very important issue and very important theme of reducing government regulation. Fifty-four percent of those returning the poll indicated no to the Chamber supporting this ordinance."

Commissioner Scarborough noted he inquired earlier about the State law; with County Attorney Scott Knox responding he has found no State law which prohibits minors from sitting at bars. Commissioner Scarborough stated one of the things he keeps hearing is the distinction between restaurants and bars; and he has concerns.

Commissioner O'Brien stated if the restauranteurs had acted responsibly then the ordinance would not have come about in the first place; too many restaurants act irresponsibly; management has been informed of the problem; and the problem persists and is pervasive. He stated ninety-eight percent of industry is responsible; they clean up the water and air, and take care of their neighbors and their community; but two percent are outrageous and do not do this. He stated laws are enacted to bring the two percent into compliance; and if the Restaurant Association is responsible and does not have this problem, then the ordinance will have no effect on it.

Commissioner Cook stated the Attorney for the Restaurant Association raised the question whether the County has the authority to do this. Mr. Knox advised the Restaurant Association can raise all kinds of legal arguments, but from a legal position the County is okay; and it is a policy call for the Board. Commissioner Cook inquired if someone could walk into a bar that does not serve food with a minor and sit at the bar; with Mr. Knox responding he cannot find a Statute that prevents a minor from sitting at a bar, although the minor cannot be served.

Commissioner Ellis stated he agrees with the analogy about the two percent laws, but does not agree with the way those are imposed; the ninety-eight percent are punished for the two percent; and it is not fair to punish all the restaurants because a few restaurants are not responsible. He stated the core of the issue is not a bad restaurant, but a bad parent; and if the ordinance is trying to stop the bad parents, the law can be easily circumvented because someone can sit at a table and get drunk instead of sitting at the bar. He stated what the Board is trying to accomplish is not going to work because a bad parent is going to circumvent the law; and the Board is punishing those people who are not bad parents and the Restaurant Association. Commissioner O'Brien stated sitting at a bar is not the environment any child should have. Commissioner Ellis stated the issue is the parent; and if a parent is there to drink, he can sit at a table and do the same thing. Commissioner O'Brien stated the difference is the service is faster at the bar, and the television acts as a babysitter for the child; he is talking about the atmosphere at the bar itself, especially as the evening wears on; and it is not the place for a child. He acknowledged the drinking of alcohol can take place anywhere; but children should not be subjected to the language, jokes, and behaviors at a bar. He stated the parents and the establishment are being irresponsible; and the problem is money is being equated with an action that is inappropriate, wrong and tantamount to child abuse. Commissioner Ellis stated he does not drink, but there have been times when he has gone to a restaurant and had to sit at a bar and wait for a table; and he has waited with children in a bar area which is being used as a holding area waiting to get a table. Commissioner O'Brien stated the bar area is defined as the bar itself. Commissioner Ellis stated at a local restaurant that serves beer and pizza, there have been times they had to eat at the counter because they could not get a table; the counter is not really a bar; however, you could sit there and have a beer. He stated he is concerned this is going to end up punishing people who do not break the law and are responsible because there are a handful of people who are not responsible.

Commissioner Cook stated he would not have a problem if this was addressing bars which do not serve food; he did not realize people could sit with a minor at a bar; and the better action may be to address only those bars that do not serve food.

Chairman Higgs stated the better action may be to encourage responsible drinking behavior by all people; and the person who consumes five 22-ounce mugs should not be putting a child or any other person at jeopardy in a car. She stated she has problems with the ordinance and will not support it; and if the Board is going to pass the ordinance, she would like to offer amendments. She stated in Section I-B, it is unnecessary to define adoptive parent; under the definition of "bar area", the term "area" should be deleted; and under the definition of bar, it may be helpful to say the term shall not include raw oyster bars where alcoholic beverages are not sold, dispensed or consumed, or tables used regularly for food service in proximity to the bar. Commissioner O'Brien suggested exempting raw oyster bars as it is a different kind of an industry. Chairman Higgs suggested looking at the penalty; and stated a parking fee is approximately $25, and would be more appropriate than $500 or imprisonment.

Commissioner Scarborough stated he likes where Commissioner Cook is headed; in a lot of restaurants the bar is an area children pass through to go to the bathroom or where people wait to get served; and there are some real concerns. He stated he is uneasy; it can get to be garbled as to whether the Board has a good ordinance or not; and he needs assurances. He stated this may be where the Board wants to be; and the restauranteurs agree; but they are concerned about the ordinance being too pervasive and confusing.

Commissioner Cook inquired if this would have to be re-advertised if it is changed. Mr. Knox stated the title is broad enough to cover the changes that have been discussed so far; but it will have to be redrafted.

Chairman Higgs inquired if an establishment serves potato chips or peanuts is it serving food; and stated that would take care of every bar, and the ordinance is meaningless. She inquired what bar is there that does not serve some kind of food. Commissioner Ellis inquired if that is defined based on the license and the percent of sales. Commissioner Scarborough stated there may be a way to define it. Chairman Higgs stated it will be almost impossible. Commissioner Cook stated there are liquor licenses for people to just serve liquor primarily; and there are ways to research and find out. Commissioner Scarborough stated some people have restaurant licenses with a bar license incidental to it; other people just get a bar license; and that in itself tells you that someone has looked at this issue and may be able to distinguish between the concepts of types of operations. He stated he does not want to look at the number of potato chips or peanuts; but there may be a difference that the Division of Alcohol has already looked at. Commissioner Cook stated Olive Garden has a bar area where people wait to be seated; and no one wants to prohibit children from being in that area while waiting to get a table. He stated he was under the impression there was some sort of Statute that would prohibit minors from sitting at a bar that serves only alcohol; and he did not realize there was no such prohibition. He inquired if Mr. Knox is comfortable constitutionally that the Board can pursue this, or would it be better addressed in the Legislative Package. Mr. Knox stated if the Board is going to limit the ordinance to bars, it is an excellent posture; but if it is going to be expanded to restaurants, there is a gray area because there is a preemptive Statute that deals with restaurants exclusively, although he is not sure it covers this kind of situation.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to amend the ordinance to remove the words "adoptive parents," remove the word "area" wherever it is utilized in the ordinance, exempt "tables used regularly for food service in proximity to a bar," and change the wording of Section 5 on page 3 to "no adult shall permit any minor not exempted under Section 4 to remain in, be seated at, or reside upon any bar."

Commissioner Scarborough stated if the Board is going to consider amending the ordinance, he would like the bar to not include any place that has a restaurant license.

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

Motion by Commissioner Scarborough. seconded by Commissioner Cook, to amend the ordinance such that the term "bar" will not apply to any establishment which has a restaurant license.

Discussion ensued on the placement of the amendment in the ordinance.

Chairman Higgs stated she is not going to support the amendment although she understands the concept; she is not going to support the ordinance; but the amendment singles out a classification of establishments, and she is not comfortable with that because she does not know how it is defined. Commissioner Scarborough stated it is easily defined because there are licenses for restaurants. Commissioner O'Brien stated the problem is not that severe in restaurants, but the problems he has seen have been in restaurants. Commissioner Scarborough stated the ordinance would be amended to exempt any establishment holding a restaurant license from the provisions of the ordinance.

Rusty Fisher stated there are different kinds of licenses; he has a 4-COP which allows him to serve only liquor and no food at Rusty's Seafood and Oyster Bar at Port Canaveral; he also has a 4-COPSRX license which requires him to serve 51% of his volume in food; and just saying a restaurant license excludes 4-COP's.

Commissioner Cook stated if a license is for the same location as a restaurant, it would be the intent to exempt that. Mr. Fisher stated the Board should clarify who is licensing the restaurant. Commissioner Scarborough inquired how should it be worded; with Mr. Fisher responding he does not know, and he wants it defeated. Commissioner Scarborough stated the intent is if there is a place that is serving food, not the potato chips and nuts you would find in a bar, that there would be a licensing process to easily classify those things; and the Board may not hit everything Commissioner O'Brien is concerned about, but it would clarify things. Commissioner Cook stated it would exempt 99% of those in the audience. Mr. Fisher stated it would, but the 1% of the bars which the Board is talking about do not allow children anyway because that would be the Inner Room and Teasers. Commissioner Cook stated there are a couple of bars on U.S. 1 in Mims that may be an exception. Mr. Fisher stated he was concerned about the licensing as a restaurant because his is a 4-COP license, and does not have to serve food. Commissioner Scarborough inquired if Mr. Fisher has a restaurant occupational license; with Mr. Fisher responding yes. Commissioner Scarborough suggested requiring a County restaurant occupational license for exemption. Discussion ensued on what license to use. Commissioner Cook inquired if the occupational license would cover it; with Mr. Knox responding the occupational license is too easy to get. Commissioner Cook inquired how can it be worded; with Mr. Knox suggesting adding after the word license, "whose primary business is selling meals as a restaurant." Commissioner Cook stated if Mr. Fisher had one license to serve alcohol, but at the same location food was being served as a restaurant, that would be exempt. Mr. Knox advised as long as that is the primary business. Chairman Higgs stated it is not clear to her. Mr. Knox stated it would be, "exempted from the provisions of this ordinance are any establishments with a restaurant license or whose primary business is selling meals as a restaurant." Chairman Higgs inquired about the definition of "meals"; with Mr. Knox responding a meal is something you sit down and eat. Chairman Higgs stated the impetus for the ordinance was that Commissioner O'Brien sat at a bar in a restaurant where there was irresponsible behavior; now the Board has exempted the impetus for what this was all about; and she does not know how Commissioner O'Brien can support this. Commissioner O'Brien stated he does not. Commissioner Cook requested the County Attorney read the wording of the amendment; with Mr. Knox reading the wording again. Commissioner Scarborough stated his concern is when it says the primary business is selling meals, that is a problem; and inquired if the County will be looking at cash receipts or how will it be done. Mr. Knox stated primary could be defined to be that 51% of the business is food sales. Commissioner Cook inquired if it would be a problem just to say anyone with an occupational license as a restaurant; with Mr. Knox responding it is so easy to get an occupational license. Commissioner Cook inquired if someone would have to have a location; with Mr. Knox responding yes. Commissioner Cook stated his concern is for areas that are strictly bars where people go to drink. Commissioner Scarborough agreed; and stated he is not happy with the language at this point.

Commissioner Scarborough withdrew the motion; and Commissioner Cook withdrew his second to the motion. Commissioner Cook inquired if Commissioner Scarborough is looking for clarification. Commissioner Scarborough stated he would like the County Attorney to confer with the Restaurant and Hotel Associations to work out the language.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Attorney to meet with the Restaurant and Hotel Associations to work out ordinance language.

Commissioner O'Brien stated the Board has brought out some valid points; he hopes the County Attorney can get together with the Restaurant Association and make this work; but a lot of people do not feel that a child should ever be sitting at a bar. He stated he does not perceive the Restaurant Association having a serious problem with that; if a family is waiting for dinner, most restaurants have put in nice waiting areas; but putting a child on a bar stool at any bar, including a restaurant, is not a good idea.

Commissioner Cook stated some good questions were brought up on how it would be applied and who it would affect, etc; and he does not see a problem in working those things out to get some clear language.

Chairman Higgs stated she is not going to support the motion; she does not think what the Board is talking about is of value to children; she has the youngest children on the Board; and while she encourages them to not sit at bars and wants them to understand responsible alcohol behavior, the ordinance does not do anything for children. She stated the Board should deny the ordinance today; responsible behavior in the community in regard to alcohol is an important issue; talking about it is useful; and the Board should encourage responsible behavior by all people; but she does not think sitting at a bar is the important issue. Commissioner Cook stated if talking about it is useful, he does not think his motion would have any impact other than to allow people to talk about it and see if there is language that could be worked out.

Commissioner Ellis stated he does not support the ordinance; the nation is being strangled by excessive laws; most have to do with the fact that a few people are irresponsible; and when blanket laws are passed, responsible people pay for it. He stated the Board should not move forward on this. Commissioner Cook stated he does not support the ordinance in its current form; but he is not averse to working with the Restaurant Association and others to see if there is some language that could address areas of concern. Commissioner Ellis stated most places that only serve alcohol have someone at the door checking ID's; but he understands the intent.

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

Mr. Knox stated the other question is whether the Board wants to continue this to a time certain so it can be brought back without re-advertisement. Commissioner Cook stated it would have to be re-advertised. Commissioner Scarborough stated he agrees because it may be a totally different group involved. Commissioner Ellis stated the true bars are not going to care because they are not going to allow minors in. Commissioner Scarborough inquired if everyone is already complying, why is everyone upset. Commissioner Ellis stated it is one more law; and advised of situations that involve entrapment aspects. Commissioner Cook concurred; but stated under the modifications the Board discussed, everyone who is present would be exempted; and he does not understand why everyone is upset if it will not apply to them. He stated there may be circumstances where in areas that only serve liquor, the Board may want to take a look.

The meeting recessed at 11:05 a.m. and reconvened at 11:21 a.m.

PRESENTATION AND AGREEMENT WITH BREVARD COMMUNITY COLLEGE FOUNDATION, INC., RE: TDC CATEGORY B BEACH IMPROVEMENT GRANT AWARD

Dr. Tace Crouse, Brevard Community College Cocoa Campus President, stated she is present to speak about a TDC-supported proposal for Brevard Community College's Foundation, the Florida Solar Energy Center, and the Brevard Museum of History and Natural Science. She stated the Circle of Science is a great concept around Clear Lake in Cocoa; the three facilities were joined together to provide eco-tourism opportunities, techno-tourism opportunities, the Seminole Indian Festival, and many events that bring people to the County; and in order to bring these people to all three agencies, most of the area has been joined with a walkway. She stated the walkway is pervious to allow the water to go through; and they want to continue the walkway in a small area. She stated the College has supported the project by conducting the primary construction; the Florida Solar Energy Center has just received a contribution of six lights; and they would like to add to that with the grant. She stated Rachel Moehle from the Brevard Museum and Ingrid Melody from the Florida Solar Energy Center are also present; this is a consortium effort; the College helped write the grant; but it is all three agencies that are working together.

Commissioner Cook inquired will this be open to the public; with Dr. Crouse responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge the presentation by Dr. Tace Crouse; and execute Agreement with Brevard Community College for TDC Category B Beach Improvement Grant Award in the amount of $21,512,50 from the tourist tax beach improvement funding allocation of 35% of the first two cents and 25% of the third cent.

Commissioner O'Brien stated he voted against this the first time because he believes the TDC is sending money away from the beaches; and the erosion of the beaches is incredible and the property losses are getting larger by the day along all of the beaches. He stated one of the primary concerns of TDC is beach renourishment; the money should be going to fix the beaches that have been wiped away by the recent storms; and that is the only reason he is turning this request down. He stated the TDC's focus and goals must be changed radically in the near future to put the focus where the money should be going and not doling out money to other entities when the beaches are being washed away. He stated the purpose of the tax was to increase tourism and for beach renourishment; and without a beach, there will not be tourism. Commissioner Ellis stated there will always be a beach; with Commissioner O'Brien responding this one is now about four feet wide. Commissioner Ellis stated there may not be any houses, but there will be beach. Commissioner O'Brien stated the hotels will be gone as well; that is why he wanted to bring this out; and he hopes the message has been received.

Chairman Higgs stated she read over the proposal and looked at the project; these are wonderful facilities; but she shares Commissioner O'Brien's concern that the money should be going to those areas that are most directly related. She stated this is a worthy project; there are all kinds of worthy projects; but this money should not be used for this type of project.

Commissioner Scarborough stated beaches are good and important, and he would not want to speak against beaches; but a planetarium is a neat thing too; and the County is fortunate to have it. He stated it meets the technical requirements; and he does not have a problem trying to make this a tourist destination. He stated people come to the County for the Space Center and the high-tech activities; and the planetarium blends with those ideas. Commissioner O'Brien stated he likes the idea; it is good; if the sidewalk is completed and everything opens up, it is fantastic; however, his major concern is there is severe property loss along the beaches. He described problems with the beaches. He stated BCC should be able to afford the $25,000; this money should be going back to renourishing and restoring the beach; and there are too many political favors being played with the TDC. He inquired how many hundreds of thousands of dollars per year are being given as political favors or paybacks; and stated it makes no sense.

Commissioner Cook stated he shares the concern for the beaches; but this particular improvement is building a beautiful environment. He stated it serves a tourism element as well as the people of the community; and advised of his use of the facilities at BCC. He stated he had concerns about whether it met the technical criteria, and he is satisfied that it does.

Commissioner O'Brien expressed concern about the salaries for three staff members amounting to $5,000; and noted those people are already on the payroll at BCC. Chairman Higgs advised they are the professional staff of the Florida Solar Energy Center, and are already paid. Dr. Crouse advised they are being paid to design the lighting system which is intricate; and it will take a specialized plan because this is a protected area. Commissioner O'Brien inquired if the staff members already receive a regular paycheck; with Dr. Crouse responding they do, but this is other work. Commissioner O'Brien inquired if they will be adding hours after 5:00 p.m. to earn $5,000; with Dr. Crouse responding affirmatively. Dr. Crouse advised this is extra work, and not part of the things they do. Commissioner O'Brien stated they run a 71,000 square foot complex; and he cannot see this as extra work. Dr. Crouse reiterated this is not part of what the employees are doing now; but it would be part of what they are doing for the walkway. Assistant County Manager for Community Services Joan Madden advised their salaries are not included in the grant request; and they are listed as matching funds that are being provided by the Solar Center. Dr. Crouse stated of the $59,000 bottom line, there is a great deal that is in-kind. Commissioner O'Brien stated Dr. Crouse is correct, and he apologizes.

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

DISCUSSION, RE: MEMBERSHIP IN EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Aaron Dowling, 1011 Wymore Road, Winter Park, Director of the East Central Florida Regional Planning Council, stated the Regional Planning Council was formed in 1962 as an association of local governments to address issues of mutual concern or common interest; and advised of the background of the Council. He stated the County has an extensive fiscal investment in the Regional Planning Council; the annual dues go to supply the capabilities and resources to deliver services; and they are able to provide those resources very inexpensively to the member governments. He stated most of the services are project or output-oriented services or in the form of coordinative or facilitative services where the Council assists in coordinating issues, problems, disputes, or other forms of conflict which require mediation or support. He stated there is a continuing need for intergovernmental coordination; he discussed with Commissioner Ellis the issue of extending coordination into Indian River County; and the Regional Planning Council can offer flexibility in providing services. He stated there has been concern on the part of the County that the Regional Planning Council needs to do a better job; and he dedicates himself and his staff to do that. He requested an opportunity to discuss any problems and explore ways to extend services.

Commissioner Cook stated his concern is the $91,000 book; the County has under-utilized resources that may be available; but $91,000 is a big hit for any membership. Mr. Dowling stated the preparation of the book was paid for by State funds through the Department of Community Affairs; and the printing was done by the St. Johns River Water Management District free of charge. Commissioner Cook stated he inquired about what the County got for its dues last year; and inquired what tangible evidence is there to show to the taxpayers what they got for $91,000. Mr. Dowling advised he dropped materials by Commissioner Cook's Office that provided the annual budget and examples of the resources; and the hand-out provided today includes indication of the facilities and services the County gets for its money. Commissioner Cook stated what he wants is documentation on what the County has gotten. Mr. Dowling stated the majority was in the form of response-driven information and documentation that was provided on an individual basis; and it was in a various array of forms. Chairman Higgs inquired to whom; with Mr. Dowling responding to various departments of the County. Chairman Higgs inquired if there is any cataloguing of those kinds of activities; with Mr. Dowling responding no. Chairman Higgs stated the Board does not have much choice but to pay the allotment for the year, but she is supportive of finding a better way to do planning in the County. She stated the County has not gotten the results that it needs from the Regional Planning Council; and by creating a regional planning council in the County with the municipalities, with some services contracted from the Regional Planning Council, the County may be able to get better value for its dollar. She stated she cannot say the County got $91,000 worth of value; and she does not think it is going to happen.

Commissioner Ellis stated the biggest problem is that Brevard County does not fit in with the other Central Florida counties; they are all mainland counties; and very rarely do their projects impact Brevard County or vice versa. He stated the coordination between Seminole, Orange, Lake and Osceola Counties is understandable because they have common road networks, beltways, transportation, etc; but Brevard County does not fit in.

Commissioner Cook stated he concurs, but according to the County Attorney, the Board has no choice at this point for the coming year; and the County has to pay the assessment according to State law. He stated he would support looking at a new method that would be more relevant to Brevard County.

Chairman Higgs stated she is not saying the County does not need to participate in regional activities; but in her membership on the Council, she did not find that was the way to do that. She stated there are links to Orange County; the County does need to be a part of some regional activities; but it was not through the Regional Planning Council that she found anything particularly useful happening. She stated she does not want the County creating its own council to make it seem as though she is not supportive of working with regional issues and people, or that she is not supportive of planning, because she is supportive of both; but she does not think the Regional Planning Council has provided that.

Mr. Dowling stated he hopes this time next year there will be a different attitude. He stated the Regional Planning Council will work to have different results next year; he takes this as honest chastisement that the Regional Planning Council needs to focus on how it can more effectively deliver services to the County; and pledged his effort to do that.

Commissioner Cook inquired if the membership fees can be paid in twelve increments. County Attorney Scott Knox stated he is not aware of anything that compels the County to pay by lump sum. Mr. Dowling stated the policy of the Council is to pay by lump sum because that is how it pays its bills. Chairman Higgs suggested quarterly payments. Commissioner Cook stated he would like to break it down because it would be an easier audit of what is going on; and part of his motion will be to investigate other alternatives in the County. He stated he will go along with quarterly; and that is a better way to keep track of the audit trail.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize payment to East Central Florida Regional Planning Council on a quarterly basis for a total amount of $91,630; and direct staff to investigate other alternatives for creation of a new regional planning council on a County basis or working with Indian River County. Motion carried and ordered unanimously.

DISCUSSION, RE: SECURITY ENHANCEMENT OPTIONS PROVIDED BY FACILITIES MANAGEMENT

Graydon Corn, 3690 Aurantia Road, Mims, stated he saw the item in the Florida TODAY newspaper, he has not done a detailed review of the proposals; but the reasoning was based on the Oklahoma incident and the smoke bomb incident in the County. He stated the reason for those two actions was government abuse of the people's rights; the people took all they were willing to take; property rights problems and attempts to legislate morality are things that frustrate people; and people want to get big government off their back. He stated similar remedies have not worked in Washington, D.C.; and the security is still not fixed. He stated the Board at every meeting seeks to circumvent the due process of law in the case of property rights; and advised of examples. He stated his ability to use his property as he had intended is being taken away; and if the Board wants to protect itself, it should start living up to the promises made to protect the constitutional rights. He stated if people do not have their constitutional rights, it will not matter whether they have scrub jays or black snakes or children sitting at bars. He recommended the Board pay attention, get the County Attorney to guide it back to due process of law, and if it is going to take property, do it through the procedures of eminent domain.

Commissioner Cook stated the scrub jay issue has not come to the Board for final approval; the Board is in the process of looking at that; there have been numerous public hearings; and there will be additional hearings. He stated Mr. Corn will have an opportunity to have input into that.

Chairman Higgs stated that is a federal law the Plan is attempting to deal with, and it is not a County ordinance that is causing the property owner difficulty.

Commissioner Cook stated he has concerns about the item having a chilling effect on public participation. He stated he does not want to go that route; he wants to insure there are adequate measures in place to have a heightened security; but it is a public building, paid for by the taxpayers, and his concern is that some of the measures cost money and may be excessive. He stated he could see having a higher level of security in a courthouse or judicial center; but in public buildings, the Board has to be careful that actions it takes do not have a chilling effect on people participating, getting records, and meeting public officials. He stated the items that he has problems with are (1) requiring ID badges, (4) staff receiving training on security through postings, briefings, and flyers, etc., (5) that notice be sent to the Departments requesting cooperation in securing County facilities, (7) relocate the District 3 Commission Office, if the Commissioner desires, as it is in an isolated area, (9) increase the number of staff, hours, and location of private security, if necessary and the budget allows, (10) have County employees attend security briefings given in conjunction with the Human Resources introductory program, (12) distribute bomb threat information cards, and (14) establish open communication with the Sheriff's Office and local municipalities. Commissioner Cook stated these items are reasonable and not excessive, and would meet the areas the Board was trying to do.

Chairman Higgs stated staff has initiated action on a number of items; but items 1, 3, 6, 7 and 9 seem to require Board discussion and input for further action.

Commissioner O'Brien stated he agrees with number 1; staff should be instructed to wear their ID cards; but he noted many cards are outdated and should be updated every two years with a change of background color. He noted the size of the present ID call is small; he prefers a larger ID card worn on a chain around the neck; and suggested the cards indicate what building the individual is supposed to be in.

Chairman Higgs inquired if anyone has an objection to number 1; with Commissioner Ellis responding he does not support number 1. Commissioner Cook stated he does not have any objection; and inquired if anyone objects to what he initially proposed. He noted he skipped over a couple of them which would be costly; and if the Board takes the other measures initially, it will accomplish what it wants to accomplish.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve item number 1.

Commissioner Scarborough inquired if the Board can just reach consensus on each item, and then vote at the end.

Commissioner Ellis stated he would vote no on items 1, 2, 3, 6, 7, 9 and also 8 if parking spaces are removed. He stated the Board is reacting to a nationwide paranoia, and the problem is not as great as it is put out to be. He stated number 8 is deleting parking spaces near the buildings; and most of the County facilities do not have a surplus of parking spaces to begin with. County Manager Tom Jenkins stated a compromise might be to put out large pots such as are in front of the Government Center. Commissioner Ellis stated he does not care about throwing money away on pots, but does not want to lose parking spots.

Commissioner O'Brien stated he does not agree with number 2. He stated the reception area should be reviewed, and a redesign proposal can be offered to provide better security; these are the most vulnerable people; and the Board owes them some sort of security. He stated the Sheriff wants to do option 6 on certain windows he has; he does not know about the windows at the Government Center, but certain courthouses need to have a film across the windows to protect against blast, bullets and thrown objects; and he would agree to at least look at number 6. He stated number 9 has problems; but number 13 is important. Commissioner O'Brien stated what worried him the most was not Oklahoma nor the purple bomber; what worried him was the individual in Orlando who was putting grenades on doors; when he was caught for the second time, he had a car full of bombs; and he was ready to bomb City Hall or a few schools or HRS. He stated there are nuts out there; the Board does not know when this is going to happen; and the Board should protect the employees and the civilians who come to any government building. Commissioner Ellis stated the only way to stop that would be metal detectors at the door. Commissioner O'Brien disagreed; and stated there are security measures the Board can take which are prudent, viable, and not expensive. He stated with proper training people can start to see whether something is going to occur or not; right now the employees have little or no training; they do not wear ID cards all the time; and the entrances are not protected from people walking in and blasting. Commissioner Ellis stated to do that, it would be necessary to secure all the entrances to the building; since the public comes through the buildings on a regular basis, he does not know what would be gained from the employee badges unless someone goes back into a work area where normally one would not expect to find the public; but in that case, the employees would recognize that the person does not belong. Commissioner O'Brien stated the assumption is exactly that, an assumption. Commissioner Ellis stated the items he supports are 4, 5, and 10 through 14.

Commissioner Scarborough stated the County has many different varieties of buildings; some are there for the public like a library; there is a propensity for problems in the courthouse, so there are provisions for extra scanning; but he is not aware of a problem with the current security. He stated there are a lot of people who come into the Board Room; there is a Deputy Sheriff present; sometimes people would find the Deputy intimidating; and he wonders if that is infringing on a person's right to speak. He stated the Board has to be sensitive to the fact that people have a right to say things that are not popular; and it is the act of pure random violence which scares him where someone just wants to harm any human being. He stated there are so many facilities with so many different security problems; he does not want to concentrate on a group of people coming to the Government Center; but he wants to make County employees feel like they are safe. Commissioner O'Brien stated it is Countywide, not just at the Government Center; and common sense has to prevail. Commissioner Scarborough stated the County Manager and the security people should have broad discretion as deemed fit; but currently he is opposed to doing anything more than is currently being done with the meeting facilities, which is item number 2. He stated he would like to defer the other items to the County Manager to implement as needed; and suggested things of a security nature should not be made part of the public record, and should be handled quietly.

Commissioner Cook stated he concurs; his preference is to do this in the least intrusive way possible; enhanced security can inhibit people feeling comfortable about coming forward to tell the Board something it does not want to hear; and the Board has to be sensitive to that. He stated he is opposed to doing any more than is being done.

Commissioner Scarborough stated control of the buildings is a matter for the County Manager; and he has a responsibility to see to the security of all the employees.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to take no action on Item 2, and refer all other items to the County Manager to operate within his discretion to insure that all employees and facilities are secure and safe.

Commissioner Cook inquired if there is a proviso that there will be no expenditure of funds as some of the items entail thousands of dollars. Chairman Higgs noted those would have to come back to the Board. Commissioner Scarborough stated Mr. Jenkins has some discretion to put a planter here or there without coming back to the Board. Commissioner Cook stated when he worked for the Clerk's Office, he wore a badge, not for security, but because the Clerk wanted the employees to wear badges; and that may be an area that can be looked at.

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

REQUEST FOR WAIVER OF MUSIC REGULATIONS AND ISSUANCE OF USE PERMIT, RE: 2ND ANNUAL CENTRAL FLORIDA HEMP AWARENESS FESTIVAL

Jason Campbell, 2006 Grant Place, Melbourne, representing the American Cannabis Society of Florida, stated the sole mission of the Society is to raise signatures for a petition that currently has 350,000 signatures and is estimated by the year 2000 will have over a million signatures, calling for the legitimate freedom of cannabis in the United States for industrial or recreational uses, rather than the more debilitating substances such as alcohol. He stated he was informed that the Parks and Recreation Department voted against this year's Hemp Awareness Festival which was scheduled to take place on November 11 and 12, 1995 at Wickham Park. He noted not a lot has changed since last year other than the separation of he and another one of the organizers who alleges that he is a thief who is stealing the show, which actually is not a show but a demonstration, concert, and political, religious, and educational event. He stated the Constitution is still the same; people have the ability to gather in the park for a peaceful gathering to address dissatisfaction over current laws in general; and they choose to be specific as far as the cannabis-related issue is concerned with a number of speakers from all over the nation. He advised a letter was forwarded to each Commission Office yesterday. He stated the national groups which will be represented at this year's event include the National Organization for the Reform of Marijuana Laws, Families Against Mandatory Minimums, the Coalition for the Abolition of Marijuana Prohibition, and the Cannabis Action Network. He advised the matter involving the previous organizer is a civil matter, not a matter for the Board. He stated other organizations which want to join the festival include the Florida Mycology Research Center, the Church of the Iron Oak, the Great American Hemp Company, Ink Nineteen Publications, Hemp Tech, the Alliance for Cannabis Therapeutics, The American Cannabis Society, the Therapeutic and Ecological Applications of Cannabis Hemp, the Illinois Marijuana Initiative, the New Age Patriot Publications, The Legal Marijuana Store, and the Space Rocket Chapter of the Florida Native Plant Society. He stated there is obvious interest in the festival occurring; there were no injuries at last year's festival; the paramedics spent most of the day treating people for yellow jacket stings; and the police officers arrested two people out of the 3,500 in attendance for simple possession of under 20 grams of cannabis. He stated the cost of law enforcement can possibly be lowered by using private security.

Commissioner Scarborough stated the report shows that a gentleman tried to incite a riot at the festival; and the Board needs comment on that. Mr. Campbell advised the gentleman in question is listed in the police report as Bob Rosenthal; his real name is Ed Rosenthal; and he has not been invited to this year's event as a result of his action last year. Mr. Campbell advised Mr. Rosenthal works for High Times Magazine; he is used to adverse encounters with law enforcement officials who use what is perceived by Mr. Rosenthal as excessive law enforcement tactics; and his initial speech was geared for a more hectic situation. He stated Mr. Rosenthal was not used to the passive nature of Brevard County; everything was peaceful until Mr. Rosenthal's action; and as a result, Mr. Rosenthal is no longer invited to the hemp festivals.

Commissioner Cook expressed concern about the Park Ranger's report from last year; and stated one of the speakers made statements insinuating the only reason they were permitted to have the event was that someone was paid off. Mr. Campbell advised that is not true; but members of the audience were permitted to have their free speech heard. He noted alcohol was not permitted at last year's event; however, when he cleaned up, there were three or more dumpsters of alcoholic beverage containers; and he apologizes for the conduct of the crowd and lack of control of the microphone. He stated that will not occur this year; and there are scheduled speakers of a professional nature. He stated a riot never did occur; there was no attempt to incite a riot; and the majority of the crowd was surprised at the peaceful nature of the festival. He stated there was a thirty-member safety team that kept the peace; and if people got out of line, they were asked to calm down or leave. He stated the Park Ranger informed him there were some people going into the woods through a back entrance that leads into the main park; that was an uncontrolled amount of the crowd; and allegedly they were partaking in illegal activities. He stated the law enforcement officers they paid to be there were asked to help curb this problem; they advised there were too many people; and he is proposing to pay an extra $500 for the extra fencing to totally enclose the park facilities with exit and entrance gates facing the parking lot. Commissioner Cook inquired what happens to the money that is collected; with Mr. Campbell responding the intent for this year's money is to provide funding for the expenses to form a non-profit organization for the sole purpose of informing people of the benefits of the legal portion of cannabis. Commissioner Cook inquired if there is no separate bank account or corporation; with Mr. Campbell responding no. Mr. Campbell stated the man who took care of the money last year put it in a mass mutual fund that has been bounced all over, going explicitly against the other organizers who were involved in last year's festival; and he took it upon himself to fire the rest of the fifty or so other people who helped with promise of partnership to change some laws. Commissioner Cook stated his concern is that the Park Ranger's report indicates that the festival was promoting an illegal activity; and it says that someone lit what appeared to be a marijuana cigarette on the stage, passed it to the crowd, and ran off when the police came in. Mr. Campbell stated he is not aware of that act occurring; he was trying to take care of various things; and apologized if the act, which the organizers did not partake in or condone, occurred. He stated they approve of the changing of the laws so that nothing of this nature will be considered illegal. Commissioner Cook stated the group has a right to promote that and try to get the law changed; but his concern is the park is a County facility; it could be a money-making activity; last year the crowd was close to getting out of control; and some people were actually arrested for illegal activities. He inquired what is the constitutional or legal position. County Attorney Scott Knox responded a public park has been deemed by the Supreme Court to be a public forum for purposes of expressing First Amendment rights of speech, assembly, etc.; under most circumstances, a public park would be available to any group that wanted to use it, provided they met all the requirements for using the park; and this group probably falls under the same category. He stated the issue is what happens when there has been a prior experience which may indicate there has been a violation of law.

Chairman Higgs inquired what does the Ordinance say; and is the group a private non-profit corporation under the laws of the State or under IRS. Mr. Campbell responded no, the group does not have the money for that yet and it takes a certain amount of time as well. Chairman Higgs stated she does not understand the County's Ordinance in relation to what is a profit-making activity by an organization that is not incorporated or have an IRS designation. Mr. Knox stated he does not either; and this is the first time he has heard that there is a possibility of a profit being made by the organization.

Parks and Recreation Director Charles Nelson stated the organization was charged all the fees as a profit-making organization with no benefit of any reduced fees or anything. Commissioner Cook inquired about running a commercial event. Mr. Nelson responded the County's fee schedule does allow that; the Department receives a statement of how much is actually made during an activity; and the County takes a percentage of that. Commissioner Cook inquired how does the County know how much is collected; with Mr. Nelson responding it is not a foolproof system, but they look at ticket receipts, expenditures, bills, etc. Commissioner Cook stated he does not even think they handed out tickets last year; with Mr. Campbell responding they sold tickets for $5 ahead of time and $7 at the park. Mr. Nelson reiterated it is far from foolproof; but staff looks at each of those issues within the limits of its ability. Chairman Higgs inquired if the County allows a profit-making opportunity on the County's facilities, charges them full fare, and makes an alleged percentage of what is there; with Mr. Nelson responding affirmatively. Commissioner Cook inquired what percentage did the County get back last year; with Mr. Nelson responding the fee schedule is 10% and it was less than $2,000. Commissioner Cook inquired is a County employee there to audit the cash that is handed over; with Mr. Nelson responding no, but the County gets a statement from the organization, and reviews the tickets and whatever else may be available in terms of expenditures. Chairman Higgs inquired if this is a profit-making organization, paying fees to the County as any other profit-making organization, and protected under the First Amendment. Mr. Knox reiterated this is the first time he heard there was a profit involved in this particular group; and he has not researched the issue as to whether a profit-making organization is entitled to the same First Amendment protections as a not-for-profit group. He stated if the purpose of the organization's meeting is to have a fundraiser on County property versus expressing a point of view, there may be a distinction in the law. Chairman Higgs inquired if the organization has been handled as a profit-making entity; with Mr. Nelson responding that is how the permits were filled out. Chairman Higgs stated the Board needs answers to that question; she supported this issue last year because of the issue of First Amendment rights; but she has serious concerns based on the records and the profit-making status of the entity; and she cannot make a decision on this. Mr. Knox stated if the Board desires, he can research the issues and get back to the Board within a week. Chairman Higgs stated the facts are different than where they started.

Commissioner Scarborough stated he did not support this last year, and will not support it this year.

Commissioner Cook stated he has a problem supporting this; but he is sensitive to First Amendment issues; if the group wants to go out there and protest, it has that right; the group has the right to get the law changed; but his concern is that the Parks and Recreation Department recommended against this. He stated the Park Ranger has identified significant problems; it appears this could be a commercial or money-making activity; the County's audit trail is somewhat lax; and there is no IRS designation or any kind of incorporation as a non-profit organization. He stated that weighs heavily in using a public facility; and that is why he cannot support the permit.

Commissioner O'Brien stated there is nothing wrong with the groups freedom of speech rights; but he has a problem with a government with anti-drug programs condoning the promotion of an illegal industry. He stated to condone this sends mixed signals to the children and the community; the Board is saying "Don't do drugs" and "Just say no,"but then it is saying it is okay to go to the park and hear someone telling you drugs are okay and good for you; and he cannot buy that. He stated the actions last year with the illegal use of the drug and the incitement to riot turned him off; those kinds of actions put the County at a severe liability; and the cash flow cannot be controlled or traced unless County employees take in all the cash. He stated the operation has proven itself not to be trusted; the cash flow cannot be accounted for; and he cannot approve it.

Commissioner Cook recommended the County Attorney look at what it relies upon when it goes to commercial activities because he has a general concern about allowing commercial activities on public property. He stated the Board is not denying use of the park, as it is a public park.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to deny the request for waiver of music regulations and issuance of use permit for the 2nd Annual Central Florida Hemp Awareness Festival at Wickham Park.

Commissioner Ellis stated the Board should not get into a point of whether it agrees or disagrees with viewpoints in deciding who gets the park; it is a valid concern when someone had the park before and there were problems; but if there have not been past problems, the Board should not get into deciding who it feels is politically correct or not politically correct. He stated the biggest thing that hurts this application are the problems that were experienced last year. Commissioner Cook stated there is no disagreement on that.

Chairman Higgs stated the problems experienced last year were significant; since it appears the activity is by a for-profit group, it is not a free speech issue; but until the legal issues are clarified on free speech, she is not ready to deny the application. She stated she cannot support the motion because of her concern about the free speech angle; and she would like additional information. She stated as presented today, she does not believe she would support it; however, she wants to be sure the Board has not stepped on the free speech issue.

Commissioner Scarborough stated the distinction must be made between the right to freedom of speech and an invitation to violate the law; and some things are tantamount to an invitation to violate the law. He stated the people have the right to speak, but the way this event is structured it is going to degenerate even with the best intentions of Mr. Campbell; he is not able to control the crowd and what occurs at the event; and it is going to lead to violations of the law. He inquired if the Board should condone something when it has good reason to believe the law was violated last year, and will be violated again this year.

Commissioner Cook stated all the Commissioners share a concern that they do not want to deprive anyone of their First Amendment rights; people have the right to assemble and have free speech; and they have a right to use the park which is open every day; but there are other issues at work. He stated there is a track record from last year; concerns were being expressed by the Parks and Recreation Department and Park Rangers about the activities that occurred; and there are concerns about the commercial aspect and the collection of funds which are not audited.

Chairman Higgs stated she remembers in her college days when people were denied opportunities to assemble, speak and protest the government; and she is not going to support the motion.

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

RESOLUTION AND AGREEMENT WITH VIETNAM VETERANS OF BREVARD, INC., RE: LEASE OF SPACE AT 1125 WEST KING STREET, COCOA

Chairman Higgs stated she supported the competitive process with regard to non-profit groups; and the Board should look at the groups as a whole and all the community needs rather than lining up one group at a time, and providing money based on a particular need identified at a particular moment. She stated the Vietnam Veterans is an important organization and provides important services, but the Board should not move forward without some review of all of the needs of non-profit organizations. She stated a number of groups have come to her at times asking about space; and it is not good policy to provide space for one group without looking at other potential uses of the facility. She stated there are 4,826 square feet in the building; there is a large Veteran's Center on Merritt Island; and while the Vietnam Veterans feel they can use all the facility, in designating it to one group, it is to the exclusion of other groups. She stated without allowing a proposal process that allows the Board to look at all the needs of the non-profit groups, it is not fair. She stated there should be a broader way of looking at how the County allocates space.

Commissioner Scarborough stated he does not agree with Chairman Higgs, although he respects her views; and inquired if any of the other Commissioners agree with her position. Commissioner Cook stated staff coordinated this; and the people are all for it. Commissioner O'Brien stated he disagrees with Chairman Higgs; the building is already half occupied; and he cannot think of a better way of selecting than to look at a group of people who put their lives on the line for their country as first and everyone else second. Commissioner Cook stated he concurs; staff has gone through a selection process; there were other agencies that were interested; staff worked with them; and this particular group has waited in line to get this facility.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution and execute Agreement with the Vietnam Veterans of Brevard, Inc. for lease of a space at 1125 West King Street, Cocoa, at a cost of $1 per year for the period September 18, 1995 through September 30, 1996.

Commissioner Ellis stated he wants to be sure everyone understands that all the space is not guaranteed forever; at some point the County may have to have the space back; and the County would pick up the big ticket items, but whoever is in the building will be expected to take care of the small things.

Commissioner Cook stated there are only two restrooms in the building; and that limits how many organizations can use it.

Chairman Higgs stated she understands there is a roof problem; with Assistant County Manager for Community Services Joan Madden advising there is a potential problem. Chairman Higgs inquired if the roof has to be replaced in the next year, who will pay for it. Ms. Madden responded it currently is under the administration of Transit Services, but is being moved to Facilities Maintenance. Chairman Higgs inquired if it would be a General Fund expense. Ms. Madden stated it would be a Board decision as to whether it is a General Fund expense; and currently under the Transit Administration, it would probably come out of Transit funds unless the Board directed otherwise. County Manager Tom Jenkins stated it would be a General Fund expense. Commissioner Ellis inquired what is the estimated roof cost; with Ms. Madden responding no estimates have been done on that; someone has been up on the roof to inspect; there have been some problems with it; but there is not an imminent problem with it. Commissioner Cook stated regardless of who uses the building, the Board will have to look at the repair down the line. Commissioner Ellis inquired if the building is being transferred to Facilities Maintenance from SCAT, would SCAT not repair the roof before the transfer. Commissioner Cook stated that is a decision the Board will make. Commissioner O'Brien stated he is certain if the County had the supplies to repair the roof, many of the veterans would love the opportunity to fix the roof.

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

The meeting recessed at 12:39 p.m. and reconvened at 1:43 p.m.

*County Manager Tom Jenkins' absence was noted at this time.

PERSONAL APPEARANCE - JIM BROWN, RE: ALLEGED MISAPPROPRIATION OF PUBLIC FUNDS

Jim Brown, 4060 Luciano Avenue, Cocoa, advised the meeting is being held under the rules and provisions of various documents, including the U.S. Constitution, the Constitution of the State of Florida, the Florida Statutes, and the Ordinances of Brevard County; he has requested that information be made public at this hearing; but contrary to the Florida Statutes, the County Attorney has recommended to the Board that it violate the public's right of access to public records and reasonable requests for documents and explanations of procedures in an apparent attempt to conceal and close the records to the public. He stated within the text of the inter-office memorandum to Stockton Whitten, Assistant to the County Manager, there are false presumptions presented; the Assistant County Attorney indicates he never filed an amended complaint in reference to Case #94-1032, CIV, Orlando 19; and that is a misleading statement by Assistant County Attorney Shannon Wilson, as a true and correct copy of the docket will clearly indicate. He stated Ms. Wilson indicated the County was never a party; and that is a frivolous, vexatious statement, as it is clearly indicated on the docket that the firm of Crawford and Roddenberry entered a motion dated November 9, 1994 on behalf of Brevard County Clerk of Courts Sandy Crawford. He stated the time for voiding a voidable decision has not expired upon good cause shown; and on June 29, 1995, the County Attorney sent him correspondence clearly indicating the County insurance group F.A.C.T. had employed Neal Roddenberry of the firm Crawford and Roddenberry to represent the County and Sandy Crawford, Clerk. He advised on or about August 4, 1995, he had a telephone conversation with District 1 Commissioner Truman Scarborough in which he asked if it was appropriate for the County insurance to be paying for Sandy Crawford's personal attorney; on or about August 14, 1995, he received a response from the District 1 Commission Office; and in the inter-office memorandum, the County Attorney indicated the petitioner's suit was against the County and the Clerk as a person in the State of Florida. He stated the County Attorney, in an apparent attempt to skirt the issue of the County's insurance group covering Sandy Crawford as a person in his personal capacity, indicated he assumes that the Clerk is also insured by F.A.C.T.; but F.A.C.T. does not do personal coverage. He advised one of the questions submitted throughout his administrative attempts to receive due process and a proper remedy at law is whether Mr. Crawford of the firm Crawford and Roddenberry is a family friend or relative of Sandy Crawford, Clerk of Courts; and the people of Brevard County would like answers to the questions that have been submitted as a petition to the Board of County Commissioner. He noted withholding information from the public is a criminal offense and may be prosecuted under the laws of the State of Florida as well as those of the United States of America; and the people request that full and public disclosures be made at places, dates and times published seven days prior in local newspapers at some time in the near future. He inquired if the Board will answer the nineteen questions which he submitted.

Commissioner Scarborough stated Mr. Brown has submitted questions to him from time to time; most are of a legal nature; and he would prefer to have the County Attorney respond. Chairman Higgs stated that would be proper to refer it to the County Attorney for a response. Commissioner Cook stated he does not know if the County Attorney can respond now to some of the questions or whether he will have to do some research. Mr. Brown stated those are clearly public information requests; the public is entitled to the answers; and if they are not answered, it will be a violation of the Administrative Procedures Act. Commissioner Cook stated he is sure Mr. Brown will get an answer; and inquired if the County Attorney can elaborate on any of the questions Mr. Brown submitted. Mr. Brown noted the questions have been submitted in plenty of time for the County Attorney to respond. County Attorney Scott Knox stated he has looked at the question, but does not have a formal answer for them at this time; and he will respond if the Board desires. He stated Mr. Brown sued the County and the Clerk; that suit has been dismissed; and he does not know what the questions pertain to. He stated Mr. Brown seems to be concerned that the firm F.A.C.T. picked to represent the County and the Clerk should not be doing that. Commissioner Cook inquired is the Clerk under F.A.C.T.; with Mr. Knox responding he does not know, but as he is being represented by F.A.C.T., he assumes he is. Mr. Brown advised he is not in his personal capacity.

Chairman Higgs inquired if Mr. Brown would like the responses sent to his address; with Mr. Brown responding he would like them made public and entered into the public record. Chairman Higgs stated all that will be a part of the public record. She inquired if the responses that are given to Mr. Brown will be part of the public record; with Mr. Knox responding once he puts them in memorandum form, they will be. Commissioner Scarborough inquired when will those answers be ready; with Mr. Knox responding in a few weeks, and all the Commissioners will receive copies.

PERSONAL APPEARANCE - JON PETERSON, COMPETITIVE BIDDING FOR COUNTY EMPLOYEE ASSISTANCE PROGRAM

Chairman Higgs inquired if Mr. Peterson will be here later. Commissioner Ellis stated he expected he would be here, but he does not see him; and requested the item be deferred.

RESOLUTION, RE: APPROVING ISSUANCE OF TITUSVILLE-COCOA AIRPORT DISTRICT REVENUE BONDS, SERIES 1995

Bill Hutto, Executive Director of the Titusville-Cocoa Airport Authority, requested approval of a Bond Resolution to allow issuance of bonds in the amount of $300,000 for the construction of T-hangars at Merritt Island Airport. He stated they will be constructing 21 T-hangars; and the bond will be $300,000 for fifteen years, amortization at 62.9% of prime. He stated proposals were solicited from local banks; and this was chosen as the best. He stated there are sixty people on waiting lists for a hangar now; there is ample demand for the hangars; and there has not been a vacancy at Merritt Island Airport in the past five years. He advised the leases are on a month-to-month basis and can be easily canceled if someone gets behind in his or her rent.

Commissioner Cook stated the Finance Committee declined to make a recommendation on this particular bond; and inquired if the questions they had were addressed. County Attorney Scott Knox responded the Finance Committee met and considered additional information, and approved the application. Commissioner Ellis stated there was concern that on the original note there was a provision with an interest rate cap; if the interest rates went higher than the cap, the difference would be added back to the loan; but if the loan is for a fixed term, at the end of the term, the loan is extinguished regardless of what has happened with the interest rates. Commissioner Cook inquired if the items about how the bank would calculate the after-tax equivalent yields should the loan not be bank qualified have been answered. Commissioner Ellis stated the concern was with the interest rate, and if it went above the cap, how that would be repaid; that was pretty well answered; and the loan does not extend. Commissioner Cook inquired about the mortgage on the T-hangars; with Mr. Knox responding there is no mortgage on the T-hangars. Commissioner Cook stated Commissioner Ellis is on the Finance Committee; and inquired if he is comfortable with the recommendations. Commissioner Ellis stated the biggest concern was the possibility of interest rates rising and the note being extended indefinitely because of higher interest rates; but they are confident in the ability to pay off the note.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution approving the issuance of Titusville-Cocoa Airport District Revenue Bonds, Series 1995 in the amount of $300,000 to finance 21 T-hangars at the Merritt Island Airport. Motion carried and ordered unanimously.

REQUEST FOR REMOVAL, RE: ASPHALT STRIP BUMP ON RIVER PARK BOULEVARD

Helen Smith, 100 River Park Boulevard, Titusville, advised of her health problems; and read aloud a written statement alleging preferential treatment for her neighbor Bea Polk. She stated three years ago County Manager Tom Jenkins, Road and Bridge Director Henry Minneboo, District 1Commissioner Truman Scarborough, his aide Rene Davis, and Norm Cadell of Road and Bridge, came, at the request of Ms. Polk, and stood in the street at the west end of her property; as she and her husband were having health problems at the time, she did not find out about the gathering; but it was not long until they knew what the meeting was about. She stated the County workers dug out the County ditch in front of Ms. Polk's house, piped it with six-inch PVC pipe, and filled it so the surface was flat and built against Ms. Polk's concrete fence built without a footer; each time it rained, Ms. Polk had some County official out talking with her about her flooded yard; the water came in such great amounts from U.S. 1 to the end of River Park Boulevard in front of Ms. Polk's house that the water did go under the concrete fence without a footer; and after many complaints and visits to Ms. Polk, the County workers dug out the ditch, removed the pipe, which was given to Ms. Polk, re-piped, and refilled the ditch again flat. She stated each rain, the water went under the concrete fence; and this time the County workers put pipe into the side of the ditch at the last two spillways and made handmade concrete curbs in the back of the spillway from the street, and put a handmade grate on top of the pipe. She advised she just had surgery so she requested Mr. Cadell come to her house to explain what the County was doing; she taped the conversation; she told him what the County was doing was not going to work as the water would still go under Ms. Polk's fence, and closing off the two spillways would cause everyone to be flooded and the point at the end of the street to be washed away; and Mr. Cadell accused her of abuse. She submitted photos showing the flooding. She stated the flooding has caused her seawall to crack in several places and the front to come apart in large pieces; it has caused the point to start washing away; it has caused rock that the County put around the point to retain it to fall into the river and loosen many stones on top; and if the County does not fix the situation at the point, someone is going to be seriously hurt, and there will be lawsuits. She stated she has shown this to Mr. Minneboo and Mr. Jenkins; and recently it even washed out behind Ms. Polk's last stone column and about a foot and a half under the concrete fence by the river. She stated on August 4, 1995, Mr. Jenkins visited Ms. Polk about her flooding again; this was the day after Hurricane Erin; people in the County were without water, food, electricity, and with water up to their knees; but Ms. Polk wanted the County to put two pipes under the street from the west side of Ms. Polk's property to a ditch on the north side of the street in front of her property to drain that side's water. She stated Ms. Polk wants Mr. Jenkins to remove a bump to make the lip of her driveway higher; there is no bump; there is no water that goes over Ms. Polk's driveway lip; the Board will read that Mr. Jenkins wants to handle drainage concerns on an individual case-by-case basis at this location; but what he and other officials of the County want is to continue to give Ms. Polk preferential treatment. She stated preferential treatment was given to Ms. Polk illegally; a County license was issued to Ms. Polk to run a metal manufacturing business using hazardous material in an RU-1 residential neighborhood in 1985; she has been running this business since, renewing the license each year; and the latter part of last year, Mr. Polk informed her husband that he had to get to work on a $25,000 order to get out. She stated they have watched Mr. and Mrs. Polk load their motorhome at night and leave the next day with a load of scoops that they have manufactured; and she can submit a copy of last year's license if the Board wishes to see it. She stated this was reported to the District 1 Commissioner on October 16, 1990; she was written up on the telephone call sheet as reporting a truck cracking the street; and inquired when large loads of garbage come down the street twice a week, why would she call about a tractor-trailer cracking the street. She requested the County ditch be cleaned from U.S. 1 to the culvert in front of Ms. Polk's house, and the portion in front of Ms. Polk's house and concrete wall be dug out as her ditch is dug out, so the water can flow to the river and not go under the concrete fence into Ms. Polk's yard, causing Ms. Polk to continue to call with complaints which waste the taxpayers' money. She stated they want the two spillways cleaned of the pipe in the ground; they want the handmade concrete curbing and handmade steel grate removed; and they want it made like it was in the beginning. She stated they want the small amount of asphalt back all the way across the street to divert the water to the ditch as it was originally done; they want the rock fixed around the point; and they want their seawall repaired. She stated many people in the County want the preferential treatment for Ms. Polk stopped as of now; and they will be listening and watching. She stated the taxpayers want Ms. Polk's manufacturing license revoked; they want her to be fined for manufacturing metal products and using hazardous materials in a residential neighborhood; and they want the machinery removed from Ms. Polk's residence. She requested the Commissioners do the job they were elected to do. She submitted photographs.

Bea Polk, 101 River Park Boulevard, Titusville, stated she is glad to hear she is getting special treatment because she is the only one getting the water; and if she was getting special treatment, she would have had hers built up like Ms. Smith's has been built up for years. She submitted photographs; and advised the Board cannot tell when some of the pictures were taken. She stated Ms. Smith told her that a few years ago one of the ponds overflowed, the water went through everyone's houses, and some even had fish; and that did not come off of River Park Boulevard. She stated Commissioner Scarborough tried to find out when the speed bump was put in; they got the impression it was built with the road; but it was not built with the road. She stated Ms. Smith wrote a letter to the County in 1994 complaining about the water flowing into the yard; and that was before they built a speed bump across the street to put the water into the spillway into the ditch that was dug to carry the water. She stated she has lived on River Park Boulevard since 1975; and she has never seen water run uphill after it goes down a road into somebody's yard. She stated the pictures show that the speed bump is only run over by she and her husband; and it is tearing her car up. Ms. Polk stated she has asked for it to be removed for years, but did not pressure it until it was built up on the day of the hurricane. She stated she was out of town when it was built up; and it directed the water completely on her side, down her driveway, along the side of the fence, and washed the post out. She stated she did not come to the County to ask for a post to be fixed; they just fixed it; but since Ms. Smith has proven that the County did it, she is glad to hear it. She stated Ms. Smith claims she does all the calling; she did call when there was a hurricane coming and there was a truck full of asphalt building up a spillway to put the rest of the water down her way; and she was upset. She stated they did get it stopped, but not enough to keep it from running through. She stated every part of Ms. Smith's property is built up at least six inches higher than her side; all water comes down River Park Boulevard from U.S. 1; they cannot stop nature; there are two ditches; and requested the other side of the road take some of the water. She stated if that cannot be done, she would like the speed bump removed to allow water to run down both sides of the road out into the park; and if there has to be a speed bump, it should be moved up to the big opening west of her property. She stated the County has people who can come out and check on her business; she does not want to discuss the business today; but if the Board wishes to set another time, she will be present. She requested if the Board wishes to take the issue up, they need to name the hazardous materials she is alleged to be using. She stated Ms. Smith wants her fence taken down; she wants the rocks off her house; she wants her machinery removed from her house including the things her husband uses for his hobbies; and inquired what more does she want. She stated if Ms. Smith wants her house, it would be for sale, but she does not think Ms. Smith has that kind of money. She stated the only time she calls the County is when it builds the other side of the wall up and pushes water on her side; the County is directing water to her property; and she cannot help it if she is the last one on the end. She inquired if the Board thinks it owes it to do it for both people, and if it is going to build up one side of the road, it should build up both sides, and put it down to the end to go into the river. She stated the County is talking about digging up a ditch; and inquired if the Board wants the salt water to come into the ditch again for all of that to flood. She stated the County built it so it can only drain so much; it is draining that; but when the County builds up a speed wall and rushes the water to one side, it has to go somewhere. She stated this time it could not have gone into Ms. Smith's yard because it all went into her yard. She stated she does not want water in Ms. Smith's yard; but there is no way an engineer can tell her that any water will go into Ms. Smith's yard with it built the way it is because it cannot run over a six-inch thing when hers is only four inches to two inches. She stated she thought the Charter gave the people the right such that they would not have to bring all these problems to the County Commissioners; but it is here today. She reiterated her request for the Board to set a time, if it wishes to discuss her business, so she can prepare for it with her attorney.

Chairman Higgs stated the issue is a bump on River Park Boulevard; and any other issues including licensing issues should be reported to Code Enforcement.

Graydon Corn, 3690 Aurantia Road, Mims, stated he did not realize the extent of dissatisfaction with this issue; but every time he sees someone wanting to install a speed bump, he advises the Board of how stupid it is as a way to control traffic. He stated at the end of the road, it may not be a speed bump but a water diversion technique; and this looks like a band-aid fix. He stated it is ridiculous whether it is a speed control or a water diversion facility; it is not an adequate way to do it; after the storms in Scottsmoor a couple of years ago, there were efforts to open ditches and increase the size of culverts; and District water people would not allow the County to get approval of what they had done until they did all kinds of things to satisfy them. He stated they did something similar to the south side of Aurantia Road; and described what was done and the problems involved. He stated if the engineering staff cannot satisfy Ms. Smith and Ms. Polk, the County should look at getting more people out there to look at it.

Commissioner Scarborough stated if there is water in the right-of-way, it is the County's responsibility to keep it from going into people's homes; he visited with the Smiths and the Polks; and there are indications there are different routes that the water is going onto their properties. He stated the issue beyond that is an engineering issue; other Commissioners have been out there and observed; he was there last night; but he has not had a chance to talk to staff. He inquired to what extent is the water coming down the paved surface impacting the ditch in front of the Polk's house as opposed to coming down the ditch itself. Public Works Director Henry Minneboo stated what Road and Bridge personnel did was adequate to reduce or minimize the concerns of the water flow; but the quantity has not been measured. Commissioner Scarborough stated the spills do not get into the ditch until the end of the street on the Polk's side; and inquired what if the water was continued on down to the end of the road where the concrete ends, and then piped under the parking area to the river. Mr. Minneboo stated that is an option. Commissioner Scarborough stated he heard from both sides that the water collecting in the park is causing the flooding; to the extent the County keeps in on the paved concrete, it will not intrude into either property; and if the County could make sure that water is diverted into the park area, at least that could be accomplished. Mr. Minneboo stated a possible solution would be the use of the inverted crown. Commissioner Scarborough stated even without an inverted crown, if it was taken down the current configuration with enough protection along the sides, the water would be sheetflowing down to the end, and if it could collect and discharge there, at least the road waters would be kept from adding additional amounts to the two ditches; with Mr. Minneboo advising that is a possibility. Commissioner Scarborough stated there were concerns about the park area itself; it is not diverted out to the two adjoining properties as well; and it has to be stopped at the concrete area and diverted directly to the river instead of sheetflowing into the two yards.

Commissioner Ellis stated he does not understand how the drain grates are going to work on the side of the road; when the first flush of water comes through, those grates will be covered with debris; and they will not take much volume. Mr. Minneboo stated what Commissioner Scarborough indicated was to go to an inverted crown where the water is controlled to the center of the roadway; that is a possibility; and at the end a fluming modification could be done which would allow total control of the water and keep it in the center of the roadway. Commissioner Ellis inquired about pulling the grate covers off; with Mr. Minneboo responding it would be a drop inlet; and that is a solution. Commissioner Ellis inquired if those side pipes tie into the main pipe; with Mr. Minneboo responding affirmatively. Commissioner Ellis stated looking at the volume of water that comes in on the open spillways, it does not seem like the grated drains could take that volume. Mr. Minneboo stated there could be times that all that water is not handled by those. Commissioner Ellis inquired about the possibility of pulling the grate covers off. Commissioner Scarborough stated the road is higher than the adjoining properties, so it impacts the ditches which impact the Smiths' and the Polks' properties. He stated it is not necessary to do an inverted crown if there was a road with gutters so it does not go over the side, but goes down to collect at the end, past the two homes, and divert to the river. Commissioner Ellis stated if the grates are pulled off the side pipes, then the water will get down to the pipes. Commissioner Cook stated then it would leave an open pool. Commissioner Ellis stated a concrete cover could be used just like a storm sewer; and explained the problems with the current configuration.

Chairman Higgs inquired if the Commissioners are going to try and figure out a stormwater system. She advised the issue is the removal of the bump; the Board is not qualified to answer the drainage issues; and she is sympathetic to the problems of both parties, but is unqualified to resolve them.

Commissioner Cook stated he does not understand how this got to the Board; and inquired if there is no way this could have been worked out. He stated someone should be able to go out there and help control the flooding problem of the Smiths and the Polks; there should be some engineering options that could solve it at a relatively nominal cost; and the Board may need to have professionals go out there, then meet with the County Manager with a solution to the problem. Commissioner Cook inquired if Mr. Minneboo can come up with some options and work with the County Manager as well as with Ms. Polk and Ms. Smith. Mr. Minneboo stated he can provide the County Manager with some solutions. Commissioner Ellis stated the grated coverings are not going to be able to carry nearly as much water as the spillways carry. Commissioner Cook stated they were covered with debris when he was there, and were not doing the job they were meant to do. Commissioner Ellis stated if those were open pipes, they could take that flow down and out; but if the pipes are not doing the job, the only way to move water would be with an open ditch. Commissioner Cook stated there has to be some sort of directional thing to take all of the water on the road down to the river without it spilling over onto the private property; and there should be some sort of way to do that. He stated the way it is working now is that it is just going everywhere. Commissioner Scarborough stated the County has a responsibility to keep water on the easements from going onto people's property, if at all possible; Mr. Minneboo has heard some suggestions; and the primary purpose is to protect the properties and keep the water in the County's right-of-way. He stated once it gets past the properties, there is still the possibility of erosion because it is coming back around the Smiths' property and wiped out a portion of a wall that belongs to the Polks; there are concerns even in the park area; but at least it should get past the homes. He stated he heard different engineering views; but he is not an engineer and does not know to what extent one ditch can hold the water; and he would like to keep it in the road if possible. Mr. Minneboo stated he will come up with some recommendations, but will need a little time before he can provide the Board with the information. Commissioner Ellis stated it may be necessary to look at restoring a ditch; and advised of other areas where the piping did not work. Chairman Higgs inquired how much right-of-way is there on the ditches; with Mr. Minneboo responding fifty feet. Chairman Higgs stated there is sufficient depth on either side of the road to do the ditches to take care of the water. Commissioner Ellis noted one ditch has been piped; with Chairman Higgs recommending taking out the pipe. Commissioner Ellis stated if the County cannot get the pipe system to work, then it will have to be pulled up. Chairman Higgs inquired about doing the road with an inverted crown, and what treatment will the water get. She stated there is sufficient right-of-way on either side of the road to provide some treatment and capacity so that it does not flood either neighbor. Commissioner Cook noted the pipe goes right into the river as it is. Chairman Higgs stated at least the ditch would provide some treatment. Commissioner Ellis stated the exfiltration pipe runs to the west. Commissioner Cook stated the County is fortunate there is property at the end of the road that would also provide some sort of treatment. Chairman Higgs stated the pipe is going straight down. Commissioner Ellis stated the pipes that were put in were exfiltration pipes. Mr. Minneboo stated originally that was the intent. Chairman Higgs inquired if they are not functioning for any kind of treatment, and are straight conveyance; with Mr. Minneboo responding that is correct. Discussion ensued about the pipes. Chairman Higgs suggested referring the item to the Public Works Director and the County Manager to come up with a solution. Commissioner Ellis stated if the County cannot get the pipe system to work, the pipes can be pulled and the ditch restored. Chairman Higgs stated she agrees. Commissioner Ellis stated an open ditch will carry the water. Commissioner Cook stated he is baffled about how the Board got to this point; he could see if one of the property owners wanted to bring it to the Board; but he is surprised this came up through staff. Commissioner Ellis stated he is not surprised; staff has been back and forth; and he sympathizes with them. Commissioner Cook inquired how is the Board supposed to engineer this. Commissioner Ellis stated it has to come back to the Board to make a decision. Commissioner Scarborough stated there are neighbors with differing views on how to engineer the project; and they are substantially different. Commissioner Cook stated if there is a mechanism that the County can keep off both sides of the street and convey it to the river, it may not be the best, but historically it has all gone straight to the river. Commissioner Scarborough stated if Chairman Higgs is concerned about some means to collect the water, there is a capacity to do something at the end of the street where there is a park; but he does not have the answer. Commissioner Ellis suggested deepening the ditch to the west of the Polk's driveway. Chairman Higgs stated the solution is to get the Public Works Department and the Surface Water Improvement Department to come up with some options so the Board can see what the right thing to do is; it will probably make everyone mad; and the neighborhood would be united against the Board. Motion by Commissioner Scarborough, to refer the issue to the Public Works Department to come up with solutions to keep the water as much as possible from leaving the County rights-of-way and going to the properties owned by the Smiths and the Polks. Commissioner Ellis stated there are a couple of things that could be done regardless such as the raised lip on the driveway at the road's edge on River Park Boulevard and breaking up the rocks in front of the pipe. Commissioner Scarborough inquired if Commissioner Ellis wants those things considered individually. Chairman Higgs suggested the Board come up with the right solution and do it all at once. Commissioner Ellis stated those two things should be done regardless of what comes back to the Board. Commissioner Cook inquired if they would be part of the recommendation; with Commissioner Ellis responding no, the opening on the rocks is on the north side. Commissioner Scarborough stated the north side ditch flows through some rocks; the rocks are creating an impediment; so that needs to be taken care of. Commissioner Ellis stated if there is a raised lip on the Polk's driveway, he does not think that would make a difference. Commissioner Scarborough stated that could be done to prevent the water from running down the Polk's driveway. Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct staff to break rocks in front of the pipe to improve water drainage and raise the lip on the driveway at the road's edge on River Park Boulevard. Motion carried and ordered. Commissioners Scarborough, Higgs, Cook, and Ellis voted aye; Commissioner O'Brien voted nay. Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to refer the issue to the Public Works Department to come up with solutions to keep the water as much as possible from leaving the County rights-of-way and going to the properties owned by the Smiths and the Polks; and report back to the Board if the problem cannot be resolved. Motion carried and ordered. Commissioners Scarborough, Higgs, Cook and Ellis voted aye; Commissioner O'Brien voted nay. DISCUSSION, RE: SUBMITTAL OF 1996 LEGISLATIVE PACKAGE Bea Polk, 101 River Park Boulevard, Titusville, requested the Legislative Package include House Bill #1607, that money not be moved out of the North Brevard Hospital District. She stated the Legislature should know that the taxpayers in the North Brevard Hospital District do not want their money moving out to other counties and other parts of the County and State. She explained the bill; and stated even the District's attorney has agreed that it is all taxpayers' money. Chairman Higgs stated it would take the Board directing the County Attorney to develop some language, and then acting on that. Commissioner Ellis inquired how would that be done, and would it be a resolution. Chairman Higgs responded the Board would request the Delegation to amend the language. Economic Development and Legislative Affairs Director Greg Lugar advised Representative Futch requested any opposition to Local Bills or other General Bills be in the form of resolutions; however, this would be an amendment to an actual law, so the Board would have to come up with amending language to be sponsored by the local Delegation. Commissioner Cook stated someone would have to come up with the language, and the Board would have to look at it; and today the Board does not have any idea. Chairman Higgs stated if the Board wants the County Attorney to develop some sort of language, a motion is needed. Commissioner Scarborough stated he talked to Representative Randy Ball who indicated some reservations; sometimes the Hospital issues do not get enough support; the Board does this but nobody cares; and if the Board wants to have the County Attorney to do this, he should discuss it with the Hospital Board Attorney and see if there is any interest in supporting a similar action. He stated it is easier to work with people rather than becoming confrontational. Commissioner Cook requested the County Attorney address it with each Commissioner and report back to the Board on what he finds out from the Hospital. Becky Cronau, representing Parrish Medical Center, stated she wants to reinforce Commissioner Scarborough's statement regarding consulting the Hospital attorney; the Hospital Board had some discussions on concerns regarding servicing any area outside of what is deemed the Parrish Medical Center Service Area; however, the bill does allow for the Hospital to serve those that are served by the Hospital where they live; and there is no intent to go out across multi-counties. She stated the purpose of the bill is to service the patients who frequent the Hospital; and it would be good for the Board to consult with the Hospital attorney before submitting an amendment to the bill. Chairman Higgs stated the first listed item is repeal of Special Act 71-544; and inquired if the Board ran into a problem last year with Rockledge or Cocoa. Commissioner Ellis stated the two Cities wanted the money. Commissioner Scarborough stated Mr. Nelson was already meeting with the managers and some people; and inquired if Commissioner Cook had any discussions. Commissioner Cook responded he found out after the fact; but he met with Mr. Nelson this week. He stated he has some concerns; the Board does not know the position of the Cities; he understands the idea behind it; but the Cities need to communicate a position. He stated Mr. Nelson will be speaking to the City Councils and presenting the options; and that is probably the key. He stated last year it went to the Legislative Delegation; and the Cities raised objections; so they did not go forward. Commissioner Scarborough stated they were asking for a few weeks additional time; and the Delegation ignored the County's opportunity to comment. He stated it was presented so that it would not sunset for an additional year giving plenty of time to restructure and readdress; there was not two weeks to talk to the Commission, but there were two to three years to talk to Cities; and that rubbed him the wrong way. He stated if the Board is going to present it, it can do so; the Cities know about it from last year; and the Board can see what happens. Parks and Recreation Director Charles Nelson stated it is a difficult issue because there are so many different options and perspectives of what the problem and solution are; and it would be helpful to get some guidance from the Board on the presentation. He stated the basic problem that generated this was that the Canaveral Groves MSTU passed, it is building a park on the southern boundary of the District 1 MSTU, and it abuts the District 4 MSTU; so those people living immediately south of there will be using facilities for which they are not paying. Mr. Nelson stated last year after the passage of the Charter, there was interest in trying to get local control of all the Districts; to amend the boundary or do anything with the District 4 Special Taxing District has to go through the State Legislature; and from there the options are varied. He stated the one they have presented is one that establishes repeal in 1997; July 1, 1997 has been recommended, but he would suggest October 1, 1997 to coincide with the fiscal year; and that allows time to work out the issues. He stated the Cities were uncomfortable; and that is where it fell apart. Commissioner Scarborough suggested October 1, 1998 to give them two years to talk about it; and stated sooner or later it has to create an ordinance and interlocal agreements with the Cities. Mr. Nelson stated staff made presentations last year; they were not well received; they talked to the City Managers this year in preparation for the beginning of this process; and there are still some concerns, but they are aware of what the issues are. He stated they are scheduling to make presentations to the Recreation Advisory Boards as well as to the City Councils; and that process will conclude some time in October. Mr. Lugar advised the first Legislative Delegation meetings are in December. Mr. Nelson stated there is some window to try and get some reaction from the Cities prior to the first Legislative Delegation meetings. Commissioner Cook stated his concern is the Board needs to have a position from the Cities; this affects Districts 1, 2 and 4; and all of those individuals will be affected if the Special Act goes away. He stated Cocoa and Rockledge have a major interest in it; the Board needs to have a position from them because there is talk about replacing the Special Tax with an MSTU; and if that happens, it would have to be applied in the unincorporated areas and then work out interlocal agreements with the Cities. He stated there is an idea about amending the Special Act as was done in 1987 to delete a portion of the area on the north end; so there are a number of options to look at. Commissioner Scarborough inquired if Commissioner Cook wishes to defer action on this until later; with Commissioner Cook responding affirmatively. Commissioner Scarborough inquired if it will be possible to put this back on the agenda and be able to get it into the Legislative Package later. Chairman Higgs suggested doing it the first meeting in November. Commissioner Scarborough inquired when does the Board have to have the Legislative Package in. Commissioner Ellis stated if this cannot be resolved to have that Canaveral Groves area released, then the Board can dissolve the District by setting the millage at zero; and if the Board cannot get cooperation, that is an option for the next budget year. Commissioner Cook stated that is an option; but he would like to know if the Cities would like to have their own recreation departments; if they would, the Board could eliminate the Taxing District and allow the Cities to take over; and the Board needs to get feedback from the Cities as to what they would like to do because there are a number of options the Board could look at. Commissioner Scarborough inquired when the package has to be in; with Mr. Lugar responding originally Representative Futch advised the Delegation would like to see the package by the end of September, 1995; the intent was the Delegation did not want to see a large package come in at the last minute; but on a single issue, the Delegation would be open to receiving it in November. Commissioner Scarborough stated the Board could include a notation in the package. Mr. Nelson stated Commissioner Scarborough's idea of sunsetting in 1998 might also soften the impact because one of the concerns is the loss of revenue to the District, and it may be easier to do that over a two year period rather than a single-year period. Commissioner Cook stated the MSTU would have to come back to the Board; and it would have to be voted on. Commissioner Scarborough stated two years allow time to do the interlocal agreements and MSTU. Commissioner Cook stated he would prefer to defer the item because the Advisory Boards and the Cities need time. Motion by Commissioner Cook, seconded by Commissioner Scarborough, to defer consideration of Item 1, repeal of Special Act 71-544 to the first meeting in November, 1995, with direction to staff to include a notation in the Legislative Package indicating the Board will be considering it. Motion carried and ordered unanimously. Chairman Higgs stated Item 2 is inclusion of cellular and alternate local exchange carriers in the fifty-cent E-911 surcharge. Commissioner Cook inquired if other counties assess cellular phones; with Assistant County Manager for Community Services Joan Madden responding there is legislation to do that on a statewide basis. Commissioner O'Brien inquired if Orange County just did this; with Joe Lamers, Communications Director, advising right now no one does it in the State; but there is an attempt to get legislation at the State level to levy that because the increase in cellular calls throughout the State is diminishing the overall revenue. Chairman Higgs stated the item is asking the Delegation to amend the Act and to include cellular phones and alternate carriers. Commissioner Ellis stated given the cost of a cellular phone, he does not think that anyone is taking their phone out of their business or home and replacing it with a cellular phone; and most of the 911 calls come from people in their vehicles who see an accident, fire or robbery, so they are not calling 911 to bail themselves out, but to help someone else. He stated it is not fair to put the fee on them; and inquired if there is a down side in the collections. Mr. Lamers advised people are not disconnecting their home phones; as long as the overall number of phone connections go up, the collections continue to go up; but during Hurricane Erin, for instance, the minute they began evacuating the beaches, everyone began using their cellular phones as their primary means of communication, and the cellular network was saturated. Mr. Lamers noted a lot of people use cellular phones in their businesses; they are not paying anything for the 911 service; and without accruing some kind of revenue from that, the overall wait on the 911 system goes up. Commissioner Ellis stated he does not understand the wait time going up; if he needs to call 911, he will use his home phone if he cannot use his cellular phone. Mr. Lamers stated the overall number of calls goes up; if there was an accident on I-95, prior to cellular phones, someone would drive to a telephone to call, and from that point on, it would all be handled by radio; however, now there are many people driving and using cellular phones to report an accident, and the number of calls overall has gone up tremendously. He stated it is a problem; but it is more critical to look at the alternate access carriers; the legislation says they must accommodate E-911, but there are no specifics; and if they do so in a fashion that is very elementary, then the 911 system will go to pieces in a hurry. He noted that is a problem with cellular phones now because if they get a cellular call, they have no way of knowing where it is coming from. Commissioner Ellis noted that could not be corrected even if they were charged fifty cents. Mr. Lamers stated not on the cellulars, but it could be done on the alternate access carriers; and if a cable company offers service for telephone, but does not charge the fifty cents or provide the functionality, the County has lost the ability to pinpoint where the 911 call comes from. Commissioner Ellis stated they are replacing home telephones, but the cellular phone does not replace a home phone; and that is why he does not think the rate should be applied on the cellular phones. He stated it is great that people can call in accidents or fires from the road; the person with the cellular phone probably has a phone at home on which he pays the fifty cents every month; and he is not calling in for himself, but for someone else's emergency. Commissioner Ellis stated he understands the alternate because that replaces phone service with something else. Commissioner O'Brien advised of the use of cellular phones in industry instead of field radios. Commissioner Cook stated every person who has a car phone also has a home phone that they are paying the surcharge on; people will be penalized for having a cellular phone; and they will be paying the tax twice. Commissioner O'Brien stated the County has a franchise fee on cable television; and inquired if there is a franchise fee on DSS, which is direct satellite. Mr. Lugar inquired if Commissioner O'Brien is talking about Coastal Wireless; with Commissioner O'Brien responding it is wireless television. Mr. Lugar stated there is no franchise fee collected from Coastal Wireless. Commissioner O'Brien inquired should the County collect those fees; with Chairman Higgs responding the question is could the County collect those fees. Commissioner Cook advised the fee for the cable companies is based on them having to use County rights-of-way to provide service; but Coastal Wireless provides service without using County rights-of-way. Chairman Higgs stated item 3 is repealing legislation mandating recycling percentages. Commissioner Ellis stated he put this item in the package; the County spends millions of dollars trying to meet the recycling requirements; and it should be up to the County how much it chooses to recycle and how much it pays for recycling rather than being a State mandate. He stated the County meets the 30% by grinding up the yard waste and then burning it; and that is not much of a recycling, but an additional cost the people bear for little benefit. Motion by Commissioner Ellis, to include Item 3, repeal of legislation mandating recycling percentages, in the Legislative Package. Motion died for lack of a second. Chairman Higgs stated item 4 is to exempt part-time permanent and temporary employees from Florida Retirement System participation. Chairman Higgs stated this is the third year she has championed this; it is costing the County $597,000; and the County is contributing for people who will never use it. Commissioner Scarborough inquired if there has never been a part-time employee who has drawn anything from the Florida Retirement System; with Chairman Higgs responding that is what she is told. Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to include Item 4, exemption of permanent and temporary part-time employees from Florida Retirement System participation, in the Legislative Package. Commissioner Cook stated he was told there was one person in Library Services who did collect; but he supports the motion. Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously. Chairman Higgs stated item 5 is to amend Chapter 695, Florida Statutes, on the record of conveyances of real estate. Planner II Mel Scott stated the proposal is to close a gap that exists now; and people would be given a heads up as a prospective buyer of land concerning whether the subdivision was made consistent or not consistent with the Comprehensive Plan at that time. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to include Item 5, amendment to Chapter 695, Florida Statutes, in the Legislative Package. Commissioner Scarborough stated he is afraid of putting things on recorded documents; plans change all the time; it is complex enough; and he is going to vote against the motion. He stated this could cause people some headaches. Chairman Higgs called for a vote on the motion. Motion failed to carry. Commissioners O'Brien and Cook voted aye; Commissioners Scarborough, Higgs and Ellis voted nay. Chairman Higgs stated item 6 is the exemption of maintenance dredging of channelized water bodies. Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to include Item 6, exemption of maintenance dredging of channelized water bodies, in the Legislative Package. Motion carried and ordered. Commissioners Scarborough, O'Brien, Cook, and Ellis voted aye; Commissioner Higgs voted nay. Chairman Higgs stated item 7 is to eliminate requirements for any governmental agency to pay or donate mitigation to any other governmental agency. Motion by Commissioner Cook, seconded by Commissioner Ellis, to include item 7, elimination of requirements for any governmental agency to pay or donate mitigation to any other governmental agency. Motion carried and ordered. Commissioners Scarborough, O'Brien, Cook and Ellis voted aye; Commissioner Higgs voted nay. Chairman Higgs stated item 8 is authorizing local governments receiving surplus revenue from voted levies for debt service to use the surplus for specified maintenance and operation purposes. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to include Item 8, authorizing local governments receiving surplus revenue from voted levies for debt service to use the surplus for specified maintenance and operation purposes. Commissioner Ellis stated this would have had to be specified in the ballot language. Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously. Commissioner O'Brien stated every time there is a car accident in the County, the State Police have to be called; there are only three State troopers in the County; and this takes them away from I-95. Chairman Higgs stated that is not true; they only call a State Trooper if it is on a State road. Commissioner O'Brien inquired if someone has an accident on a County road, do they call the Sheriff; with Commissioner Ellis responding yes. Commissioner O'Brien requested the Board include an item that no one has to call the police unless there is bodily injury; and stated all the person has to do is get the tag number off the car, the driver's license number off their license, and call their insurance company. He stated the form can be mailed to someone; and expressed concern that people have to sit for two or three hours after an accident to have a Deputy of State Trooper to show up; and it is ludicrous. He stated in any other state when there is a simple fender bender, even if the car is half demolished, you do not have to call the law enforcement authority; people exchange information; and then they go home, call the insurance company, and settle the matter. He stated the police are being tied up on simple accidents; and every time there is an accident, they have to write a ticket. Commissioner Ellis stated the issue that needs to be addressed is the law enforcement officer should not have to write a ticket for every single accident. Chairman Higgs stated they do not. Commissioner Ellis stated Melbourne Police Department policy is that every time a policeman comes to an accident scene, he has to write a ticket to someone. Chairman Higgs stated the Board has no control over that. Chairman Higgs stated the only thing the Board can do in the Legislative Package is address the issue of necessity by State law for having law enforcement personnel at the scene of an accident. She stated it is an interesting concept, and fairly far reaching; and suggested getting more information. Commissioner O'Brien stated he does not know what information Chairman Higgs could get. Commissioner Higgs stated she would be interested in the laws of other states, how it works, what it does to insurance, and all that. She requested the County Attorney research the issue to see if there are other state laws and what the law says. Chairman Higgs stated item 9 is to support legislation regarding mandating state funding for the court system. Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to include item 9, supporting legislation regarding mandating state funding for the court system, in the Legislative Package. Motion carried and ordered unanimously. Chairman Higgs stated item 10 is to ensure that funding for widening of U.S. 192 is contained in the budget. Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to include Item 10, ensuring that funding for U.S. 192 is included in the FY 1996-97 State Budget, in the Legislative Package. Motion carried and ordered unanimously. Chairman Higgs stated item 11 is requesting an additional judge for Brevard County. Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to include Item 11, request for an additional judge for Brevard County, in the Legislative Package. Motion carried and ordered unanimously. Commissioner Cook stated he wants to include S.R. 520 in the package for funding; it is also a dangerous road with numerous fatalities, and requested the same language that was in the package last year be included in the Legislative Package. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to include request for funding of S.R. 520 in the Legislative Package. Motion carried and ordered unanimously. Commissioner Cook stated he would like to include support of Senator Bronson's bill which is co-sponsored by Representative Futch to make the members of the Governing Board of the St. Johns River Water Management District elected. Motion by Commissioner Cook, seconded by Commissioner Scarborough, to include support of Senator Bronson's bill calling for the Governing Board of the St. Johns River Water Management District to be elected. Motion carried and ordered unanimously. Chairman Higgs stated last week the State met with a number of people on the South Beaches; they will be developing additional lands at Sebastian Inlet State Park; the conceptual plan shows the parcel becoming a retail store, cabins, and boat ramp; and various businesses in the area are concerned about the retail store and the cabins. She stated motels in the area feel that the competition is unfair; and the retail people who are within 400 to 500 yards of the retail store feel it is also unfair, and that both facilities are unneeded. She stated no one objects to the use of the property and the boat ramp; but there is concern about how intense the marina would be developed. She noted copies of letters from the business owners have been provided to the Commissioners; she can bring this issue back, if the Board desires more time to look at it; but the businesses are adamant in the opposition to the retail and the hotel. Commissioner Ellis stated the businesses ought to be adamant; all the small businesses are stuck in pre-existing use; and they cannot add anything. He stated now there are going to be twelve rustic cabins added, but the existing motel which has been there for forty years cannot even add two or three rooms; and explained why it is unfair to the existing businesses. Chairman Higgs stated the Board can include in the package that it opposes the conceptual plan, specifically the retail and the proposed cabins. Commissioner Cook stated that might be a good idea; but he would prefer to have an opportunity to read through it, and look at it Tuesday night. Chairman Higgs stated that is fine. Commissioner Scarborough stated most of the discussion has been about proposed laws and bills; this is about an expenditure; and it may not fall into the same time parameters. Commissioner Cook stated it may not even need to be a part of the Legislative Package; and it could be a resolution or something. Commissioner Scarborough stated the Chairman could write a letter. Chairman Higgs stated she would be happy to write a letter; and if the Board does not object, she will include this item on the evening agenda. The meeting recessed at 3:19 p.m. and reconvened at 3:36 p.m. RESOLUTION, RE: BIGOTRY AND PREJUDICIAL VALUES Commissioner O'Brien requested the Resolution be changed to say, "The Brevard County Commission recognizes it also has the same Constitutional right of the First Amendment, giving it the freedom of speech as well." He stated not only will the Board recognize that everyone in the United States has the right to freedom of speech, but the Board has the same right of freedom of speech. Commissioner Cook inquired if that is in dispute; and stated as individuals, the Commissioners have the right to freedom of speech. Commissioner Scarborough explained the Board's role when speaking as a body; and stated he is happy with the way the Resolution read, but if Commissioner O'Brien wishes to have a change, he would like the County Attorney to review it. Motion by Commissioner O'Brien seconded by Commissioner Scarborough, to adopt Resolution regarding bigotry and prejudicial values. Motion carried and ordered unanimously. (See page for Resolution No. 95-246.) DISCUSSION AND DIRECTION, RE: GRANDFATHERING OF AGRICULTURAL USES Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to amend the non-conforming use provisions to address non-conforming agricultural uses. Commissioner Scarborough stated it is necessary to get a Conditional Use Permit (CUP) for some activities such as a pig farm, but it might not be necessary to have a CUP for a chicken farm or timber clearing or some other things like that. He stated he is not prepared to vote on this in its current format; there could be some activities that would substantially change what is going on; and inquired if staff put together a list of other things that could be offensive. Assistant Growth Management Director Peggy Busacca responded staff could list various agricultural operations and how they are currently defined in the Zoning Code. Chairman Higgs inquired if Commissioner Scarborough wants a further enumeration of option 1, the activities, and how that might be; with Commissioner Scarborough responding yes, because there may be certain activities that may exceed what is reasonable. Chairman Higgs called for a vote on the motion to approve; and stated the essence is staff will develop the specifics of option 1 and it will come back to the Board in a second hearing. Commissioner Scarborough requested the motion be amended to direct staff to look at offensive uses and report to the Board. Commissioner O'Brien accepted the amendment of the original motion. Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered unanimously. PERMISSION TO ADVERTISE, RE: ORDINANCE RELATING TO CHANGES IN PUD ZONING CLASSIFICATION Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to grant permission to advertise public hearings on October 5 and 19, 1995 to consider an ordinance relating to changes in the Planned Unit Development (PUD) zoning classification. Motion carried and ordered unanimously. PERMISSION TO ADVERTISE, RE: ORDINANCE RELATING TO CHANGES IN STORAGE WALL REQUIREMENTS OF INDUSTRIAL ZONING CLASSIFICATIONS Motion by Commissioner Ellis, seconded by Commissioner Cook, to grant permission to advertise public hearing for October 5, 1995 to consider an ordinance relating to changes in the storage wall requirements of the Industrial zoning classifications. Motion carried and ordered unanimously. PERMISSION TO ADVERTISE, RE: ORDINANCE RELATING TO PHASE 1 ZONING CODE AMENDMENTS, AMENDING CONDITIONAL USE PERMITS TO PERMITTED WITH CONDITIONS Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to grant permission to advertise public hearings for October 5 and 19, 1995 to consider an ordinance relating to Phase 1 Zoning Code amendments, amending Conditional Use Permits to Permitted with Conditions. Commissioner Scarborough stated this is to advertise for public hearing; he has concerns about some of the ordinances; but he does not have a problem with advertising. Chairman Higgs inquired if Commissioner Scarborough has concerns specifically with some of the permitted conditions; with Commissioner Scarborough responding affirmatively. Commissioner Cook noted this is just permission to advertise a public hearing. Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously. PERMISSION TO ADVERTISE, RE: ORDINANCE RELATING TO CATTLE GRAZING AS PERMITTED USE WITH CONDITIONS IN IU AND IU-1 ZONING CLASSIFICATIONS Commissioner O'Brien inquired why it took from January to October to get this done; with Assistant Growth Management Director Peggy Busacca responding it is scheduled based on the Board's adopted schedule for land development regulations; and this was the next land development hearing. She stated the actual hearing will be at the two night meetings scheduled in October for LDR's. Commissioner O'Brien inquired if it took ten months to get it to the Board; with Commissioner Ellis responding the last round of LDR's was in the Spring, and the next one is in October; and it was too late for the Spring meetings, so it had to wait for Fall. Commissioner O'Brien inquired if this is why government is so slow. Commissioner Scarborough stated he knows why the Board is considering this; but there is some capacity for people to borrow cows and get some tax relief; and this is another one about which he will have questions. Commissioner Cook stated he concurs totally with that. Chairman Higgs stated there are potentials for abuse of the zoning classification that concern her; but she is sympathetic to the problems of the individual. Commissioner Scarborough stated it is better to move it forward for advertising, and change it, defeat it, or approve it. The Board reached consensus to authorize advertisement of public hearings on October 5 and 19, 1995 to consider an ordinance relating to cattle grazing as a permitted use with conditions in IU and IU-1 zoning classifications. PERMISSION TO ADVERTISE, RE: ORDINANCE RELATING TO PRE-EXISTING USE Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to grant permission to consolidate the two ordinances relating to pre-existing use into one ordinance, and grant permission to advertise public hearings on October 5 and 19, 1995 to consider the consolidated ordinance. Motion carried and ordered unanimously. DISCUSSION AND DIRECTION, RE: WATER RESOURCES DEPARTMENT'S CAPITAL IMPROVEMENTS PLAN Chairman Higgs inquired if the projects will come back for funding. Water Resources Director Richard Martens responded there are a couple of projects that are already underway and under construction; they will not come back; but the five-year capital improvements program is used as a planning tool which will come back to the Board at the appropriate steps. Commissioner Cook stated there are several items he has questions on and will want additional details before giving final approval. Commissioner O'Brien stated one of his concerns about recycling of water on Merritt Island, in particular, is that it comes down to money; if recycling is brought into the neighborhoods along Courtenay Parkway from the Barge Canal to S.R. 520, and spreads out into the subdivisions, people will like having recycled water because it only costs $6 a month; however, when you add the connections fee and the increased rates because the pipes were put in, it negates the savings or increases the cost. He stated as the County loses revenues by people using cheaper reuse water, the loss of revenue has to be made up by raising the sewer prices or charges. He stated he hopes staff can come back with a simple example. He stated a simple chart can show whether a person's cost to use reuse water will increase rather than being a significant savings; because without the savings, most homeowners do not want to even think about it. Commissioner Cook stated some communities are reassessing the whole reuse idea; the substantial amounts of money can be spent more economically with better results; and some communities are looking seriously at alternatives to putting in expensive reuse lines. He stated there may be other options the Board wishes to consider; he understands the need and the State mandate; but there may be other areas that would result in a better improvement of the situation. He stated the Board can acknowledge the draft, but that does not denote approval. Chairman Higgs stated under VI.C.1 the Board will be discussing reclaimed water issues. She stated under the CIP, there is vehicle replacement at 100,000 miles or seven years; she would like the entire fleet looked at in terms of that standard; and she would like it documented at what point it is cost effective to replace vehicles. Mr. Martens stated it is a guideline that staff uses in trying to plan five years ahead; but on a vehicle-by-vehicle basis, staff reviews the vehicles internally and with the County's Vehicle Utilization Board; there is a Committee of senior County employees that review requests to replace vehicles as part of the annual budget process; and any vehicles that end up for replacement funding in any one year have been through that process. Commissioner O'Brien stated it says each vehicle is evaluated for historic operation and maintenance costs associated with the specific use to determine if the costs are equal to the average; and the seven year, 100,000 miles is a guideline, but is not locked in. Mr. Martens stated that is right, particularly when they are trying to plan vehicle replacement on a three, four or five-year horizon. Commissioner Cook inquired if there is a workshop scheduled for all the CIP items. Chairman Higgs stated each individual CIP is coming to the Board at a regular meeting to be discussed. Motion by Commissioner O'Brien, to approve the Water Resources Department draft Capital Improvements Program, as submitted, for inclusion in the final CIP. Commissioner Cook stated the Board can accept the draft, but he is not ready to include it in the final version; and he thought the Board was acknowledging the draft, and the specifics would come back later. Mr. Martens stated the five-year plan is a planning document; within the five-year plan, there is specific funding for projects in FY 1996; and before the County proceeds with those specific projects, staff will come back for project by project authorization. He stated inclusion in the CIP carries with it acknowledgement of the funding in the FY 1996 budget. Commissioner Cook stated that is his concern; they are highly technical items; and the final appropriations of the money will come back to the Board. He stated in having these come back during a long meeting with stacks of material, he does not know if the Board has the time and inclination to discuss those things in depth. Chairman Higgs stated the Board first had this at a workshop; the Board did not want to do it because there was a big stack; and inquired how is the Board going to do this. Commissioner Cook stated the problem was that it was too much; and maybe the Board needs a series of workshops. He stated he would like to table the item; the problem at the original workshop was it was a huge amount of information to be taken all at once; and the Board decided to do it item by item. Chairman Higgs stated she is comfortable doing it item by item as it is on the Agenda today; but if the Board is not comfortable and ready, it can table this. She stated the Board threw out one process in favor of this one; staff needs to be given some direction on what the Board is going to do; and somehow the Board has to approve the CIP. Commissioner Cook stated since they are highly technical, he would like to get into deeper discussion on some of the projects; and if they are included in the final CIP, it is moving forward in the direction the Board wants it to go. He stated by the time it gets back to the Board, it has to appropriate money; but there may be another direction for it to go to accomplish the same goal. Mr. Martens stated at the workshop meeting, there was considerable discussion on retrofitting reclaimed water service for Merritt Island and the South Beaches; and those items generated the most discussion. He stated there is an item coming up later on the Agenda to provide some specific direction on those issues; and the Board can address that in detail. Commissioner Cook stated when the Board is talking about spending $30 to $40 million, he would like to have the Board block off time to have an in-depth discussion on it, and not as part of a huge agenda. Motion by Commissioner Cook, to defer discussion concerning the Water Resources Department's Capital Improvements Program to a CIP workshop. *Commissioner O'Brien's absence was noted at this time. Commissioner Ellis stated the Board did not have a CIP workshop because everything else tumbled in on top of it. Assistant County Manager Joan Madden stated there was a workshop scheduled for the CIP, but she does not know that it was a singular topic; and the decision was to bring the large department CIP's back one by one. Commissioner Cook stated he would like to see this done at a workshop. Commissioner Scarborough seconded the motion. Motion carried and ordered. Commissioners Scarborough, Cook, and Ellis voted aye; Commissioner Higgs voted nay. *Commissioner O'Brien's presence was noted at this time. APPROVAL, RE: LONG-RANGE PLAN AND COLLECTION DEVELOPMENT PLAN FOR LIBRARY SYSTEM Assistant County Manager Joan Madden stated the Long-Range Plan and Collection Development Plan for the Library System is part of the application required to be submitted for State Aid funds; and it is a three-year planning document which describes the criteria that is used in going through the collection of books and library media. Commissioner Cook inquired if it has to be approved to get the State funding; with Ms. Madden responding it is approximately $900,000 in next year's budget. Commissioner Cook inquired if it must be done by September 30, 1995. Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the Long- Range Plan and Collection Development Plan for the Library System. Motion carried and ordered unanimously. RESOLUTION, RE: ADOPTING SCAT'S 1995 UPDATE OF FIVE-YEAR TRANSIT DEVELOPMENT PLAN Chairman Higgs inquired if the SCAT Five-year Transit Development Plan needs to be in by September 30, 1995; with Transit Services Director Don Lusk responding affirmatively. Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution adopting the Space Coast Area Transit's 1995 Update of the Five-year Transit Development Plan. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay. (See page for Resolution No. 95-247.) STAFF REPORT AND TASK ORDER NO. 4 WITH CAMP DRESSER & McKEE, INC. RE: RECLAIMED WATER SERVICE FOR MERRITT ISLAND AND SOUTH BEACHES Water Resources Director Richard Martens stated at the workshop meeting on the CIP, the Board requested staff come back with an agenda item at a regular meeting to discuss reclaimed water in general; and in working with Camp Dresser & McKee, Inc. on the South Beaches injection well issue, there was some information that was pertinent to that. He stated David Ammerman, the Project Manager, and Larry Adams of Camp Dresser & McKee are present; and they have been involved with reuse projects all over the State, and more particularly in the State Revolving Loan Fund applications. He stated retrofitting reuse systems in existing neighborhoods is an expensive proposition; and there are a lot of variables involved, including many different ways to finance the projects. He stated the most inexpensive way to finance a project would be through the State Revolving Loan Fund Program that offers low interest loans to counties and municipalities doing water, wastewater, and reclaimed water projects. He stated the report summarizes what the overall costs would be to construct a major reclaimed water system for the South Beaches and Merritt Island; and if the Board wishes to proceed with developing a more detailed report on what the specific economic impacts would be, that information could come out of a more detailed study, which is the Task Order that has been included. Commissioner Cook inquired if this item would be appropriate for the workshop. He stated if the Board moves forward, it is clear what the cheapest method would be, but the Board is under no time constraint to do that; and that could be part of the CIP workshop. Mr. Martens advised the only issue on timing is to be eligible for funding in 1997; and the plan for modifying the facilities plan and developing the financial plan would have to be completed by early next Summer. Commissioner Cook stated he is sure that could be done; he does not know when the workshop will take place; but staff can get direction at the workshop and then move forward. He stated it is $29 million. Chairman Higgs stated she talked with Mr. Martens, reviewed the material, and made an assessment regarding this issue; it can be workshopped, but at some point the Board will have to make a decision; and the Board has the information that would allow it to make a decision today. Commissioner Ellis advised he would vote no. Commissioner Cook stated if he has to vote today, he has to vote no because it spreads the cost to every rate payer in the County; and he is not sure that is fair or equitable; but his concerns may be answered at some point. Chairman Higgs stated she does not mind having a workshop, but the Board does not have to approve a particular plan today on how it is paid. She stated the Board would have to approve a Task Order if it is going to go forward with reclaimed water irrigation programs; and it would be necessary to prepare the Revolving Loan Fund Program applications. Commissioner Ellis stated if the Board is not going to move forward and spend $29 million on the reuse lines, there is no need to throw away the $140,000 on the Task Order. Chairman Higgs stated if the Board is going to go forward, then what it is directing is the major financing, not necessarily how it would be repaid. Commissioner Ellis inquired if the Board is going to move forward, does it have to do the final Task Order. Chairman Higgs stated the Board is going to do Task Order No. 4 which would be the development of the program in Merritt Island and the initial development of the funding for the application for the State Revolving Loan Fund. Mr. Martens advised it would complete those tasks necessary to be eligible to make the application to the State; but that in no way commits the County to build the project or borrow the money at a later date; and if the Board is not going to do this, there is no reason to enter into the Task Order. He stated if there is not enough information today, based on the preliminary work that has been done to make that decision, and more detailed information is needed, then the Task Order is the best way to develop that information; and Task Order No. 4 would direct the consultants to develop a more detailed cost estimate for the construction and a detailed financial plan that would include various options on financing. Commissioner Cook stated he does not know what is driving this since the deep well issue has been talked out; and the Board could make the decision at the workshop whether to move forward and go from there. He stated the Task Order involves an expenditure of funds; it may be the way to go; but it would be more prudent to talk out the entire issue and decide if that is what the Board wants to do. Commissioner O'Brien stated there is no reason to go forward today on this because what the Board is looking at is if financially it is a good idea for the County to go into a reuse system in the South Beaches and on Merritt Island; he can recall water shortages Countywide; and the reuse plan is to conserve water. He noted he does not want to drink reuse water later on; but the Board could look at the cost of reuse systems. He stated $23 million is a lot, and every sewer payer will end up paying an extra $3 a month or something like that, and they should not have to do that. He stated the other side of the responsibility is conservation of the drinking water supply; and when the County started running short of water, it got a little spooky. Commissioner O'Brien noted it is the rainy season now so there is plenty of water, but it might not be there three years from now. Commissioner Cook stated he is not saying it is a bad idea; it may be the way the County wants to go; but the Board needs to talk it out at a workshop so it has all the information. Commissioner O'Brien stated the action today does not obligate the Board except getting the information; and Task Order No. 4 is just to get the information. Commissioner Cook stated it is $141,000. Commissioner O'Brien stated when the Board is getting ready to spend more than $28 million, it had better spend some money upfront to make sure it is going to be done right. Commissioner Ellis stated he is not ready to spend the money. Commissioner Scarborough stated a workshop is appropriate. Motion by Commissioner Cook, seconded by Commissioner Scarborough, to defer consideration of Task Order No. 4 with Camp Dresser & McKee for reclaimed water service for Merritt Island and the South Beaches to the CIP workshop. Chairman Higgs stated the CIP workshop will also continue with the reuse issue. Commissioner Scarborough stated the issues are sort of related. Chairman Higgs stated the Board will never do it; it will take an hour and a half or two hours to talk about reuse; and the CIP at two hours per department is going to take many hours. Commissioner Scarborough suggested the CIP be provided in small enough blocks that it can be discussed. Commissioner Cook stated it does not have to be done all in one workshop. Commissioner Scarborough stated things under Mr. Martens' Department could all come together. Chairman Higgs inquired if the Board wants a separate workshop on reuse. Commissioner Scarborough stated it is under Mr. Martens' Department; those are important decisions; and the Board can spend a couple of hours talking about $29 million. Chairman Higgs suggested doing it right now; with Commissioner Scarborough responding it would be easier to do it when the Board is fresh. Chairman Higgs called for a vote on the motion to schedule a workshop on reuse as part of the CIP workshop. Motion carried and ordered. Commissioners Scarborough, O'Brien, Cook, and Ellis voted aye; Commissioner Higgs voted nay. Discussion ensued on when to hold workshops. Chairman Higgs stated the Board will try to schedule workshops on Tuesdays at 10:00 a.m. DISCUSSION, RE: CANCELLATION OF WATER WITHDRAWAL PERMIT APPLICATIONS SUBMITTED BY SOUTH BREVARD WATER AUTHORITY Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize the Chairman to send a letter to the South Florida Water Management District withdrawing two permit applications submitted by the South Brevard Water Authority. Commissioner O'Brien stated although the South Brevard Water Authority is abolished, the Board may want to change the applicant's name to Brevard County or define the SBWA as Brevard County, leaving the applications on the list. He stated fifty years from now there may be a serious water problem; and if the County pulls out, it may not be able to get back in the process. Water Resources Director Richard Martens stated if the Board does not act on this today, it is not consequential; it could be tabled without any problem; but without current action on the permit application, the South Florida Water Management District intends to kill the permits. He stated the request that they be withdrawn was to save the South Florida Water Management District the administrative procedures of having a public hearing to do that; and the permits will go away regardless of whether the Board takes action or not. Chairman Higgs stated there are no permits; they are applications; with Mr. Martens advising that is correct. Chairman Higgs stated the assets of the South Brevard Water Authority were divided between the City of Melbourne and Brevard County, based on previous contributions to the entity; the applications were some years old; the current data is not there; and the South Florida Water Management District, in order to do any kind of action, wants the County to start over again with the data. She stated the application itself is worth virtually nothing. Commissioner O'Brien inquired if the application, when it was made, had no meaning; with Chairman Higgs responding it had meaning at the time. Commissioner O'Brien stated if it is no good now, it was no good then, and if it was good then, it has to still be good now. Commissioner Cook stated the County would probably have to reapply if it changed the name or changed the entity. Mr. Martens stated they are permit applications; and there is a different standing than actual permits. He stated if the Board would like staff to research this further, it could be tabled until the next meeting so that information could be provided. Commissioner O'Brien stated he would like to see that information because he does not like to give up something once ground has been gained. Commissioner Ellis stated no ground was ever gained. Mr. Martens stated he does not know that doing this will make any difference. Commissioner O'Brien suggested asking the City of Melbourne if it would defer all of the South Brevard Water Authority to the County so the Board could become the SBWA. Commissioner Ellis stated he does not think Melbourne would like that at all. Chairman Higgs advised the SBWA is gone. Mr. Martens stated the City has responded that it supports withdrawal of the applications. Commissioner O'Brien stated there is something about the way the Board does things too easily, and then twenty years later wonders why things were done that way. Commissioner Cook inquired if this could be brought back Tuesday night; with Mr. Martens responding affirmatively. Commissioner Scarborough requested Mr. Martens call the City of Melbourne to see if the City has an interest in having the applications signed over to the City. Commissioner Ellis suggested the City of Palm Bay also be called. The Board reached consensus to delay action on cancellation of permit applications submitted by the South Brevard Water Authority until September 19, 1995. PERMISSION TO PREPARE RESOLUTION, RE: INDIAN RIVER COLONY CLUB PRECINCT BOUNDARY CHANGE Chairman Higgs stated she knows nothing more than what State Representative Posey sent to her; and this in not her District. Commissioner Cook stated he has no objection to the boundary changes; and it changes some lines that are creating a problem with the distance people have to travel to vote. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to grant permission to prepare a resolution for the Board's consideration changing the boundary lines of Precincts 76, 142 and 153 north to Viera Boulevard to allow residents of the Indian River Colony Club to vote in the precinct at the Indian River Colony Club Clubhouse. Commissioner O'Brien stated part of the report goes back to the boundary change as noted by Port Canaveral; it says there are no homes in this area, and since the Canaveral Port Authority does not tax, nor has any intention of resuming any type of tax, there would be no impact to revenues or residents; and inquired if that is the case, why keep the ability to tax. Commissioner Cook stated that is a decision of the Port Authority; it went through this years ago; the argument was that maintaining the ability gave them a better rating for bonds or other financial matters; but the Port actually quit assessing ad valorem taxes in 1986 or 1987. Chairman Higgs stated this has nothing to do with the Port; it has to do with the precinct boundaries for the people who live in Indian River Colony Club. Commissioner O'Brien stated he just wanted to bring this to the Board's attention; and if the Port has no intention of resuming any type of tax, it should give up its ability to tax. Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously. ADOPTION, RE: PROPOSED AMENDMENTS TO POLICY BCC-26, ADVISORY BODIES Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt the proposed amendments to Policy BCC-26, Advisory Bodies. Commissioner Scarborough stated the Policy identifies a time for the public to comment at each meeting; in Board meetings, there are two times for public discussion; one is an open agenda where people can lead the Board to new items, and speakers are afforded an opportunity before the Board votes on an agenda item; and suggested Item 1 of the Policy read, "Time for public comment will be set aside at each meeting at the beginning or the end. Speakers will also be afforded the opportunity to address the group on any item before a final vote is taken." He stated that distinguishes between the two opportunities; and they are distinct thoughts in the public comment process. He stated it is the format at the Board meetings, at the MPO, City Councils, etc; and he does not know why advisory boards should not follow a similar format. Commissioner Cook inquired if that can be included in the motion; with Commissioner Ellis responding affirmatively. Commissioner Cook stated he will include the addition in his second. Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered unanimously. DISCUSSION, RE: ONE STOP CULVERT REPLACEMENTS Commissioner Ellis stated there are people who have collapsed culverts, and fixing the culvert ends up being the homeowner's responsibility; many times the homeowner would be willing to pay to have it done, but does not want to go through the hassle of getting the permit, getting the pipe, and having the County put it in; and suggested if the homeowner could call the County and the County could quote a price for the entire process, the County could get more of the culverts swapped out that need to be done. Commissioner Scarborough stated he can support that as it has always been a problem. Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve establishment of one-stop culvert replacements with one fee covering the cost of culvert pipe, permit and installation. Motion carried and ordered unanimously. PERSONAL APPEARANCE - SAMUEL C. LOPEZ, RE: COUNTYWIDE TASK FORCE ON EEO/MINORITY AND SMALL BUSINESS ENTERPRISE Chairman Higgs stated she thought the policy was that people not in attendance at three meetings were to be removed, so there should not be any question in regard to Ms. Floyd being removed from the EEO Task Force. Assistant County Manager Joan Madden stated that is the policy as it was written. Chairman Higgs stated it would be up to the NAACP, South Chapter Branch to reappoint that position; with Ms. Madden advising that is correct. Samuel Lopez stated the Board's direction was to send a letter to the NAACP which was done; but the NAACP has not answered the letter or reappointed the position; and requested Carol Floyd be removed from the EEO Task Force. Chairman Higgs stated with three unexcused absences, the person is automatically removed. Commissioner O'Brien advised John Anderson has resigned from the EEO/Minority and Small Business Enterprise Task Force effective September 5, 1995. Mr. Lopez indicated he was aware of that resignation. DISCUSSION, RE: CITY OF COCOA'S COMPLIANCE WITH SPECIAL ACT CAPPING RATE FOR CITY'S WATER CUSTOMERS OUTSIDE THE CITY Commissioner Scarborough stated Commissioner O'Brien and Commissioner Cook have been more involved in this than he has, but it is in his District as well; and inquired if there is something the Board should be saying to the Legislative Delegation. Commissioner O'Brien stated the City has said it is going to appeal the law; but he does not know who it will sue. Chairman Higgs advised the City will sue the State. Commissioner O'Brien stated the City has not done that yet; Mayor Hill said he felt strongly the City Council would agree to putting on three Commissioners or their delegates; but the City Council said it would not even consider that. He stated this situation is now at a crossroad; and inquired if the Board wants to go forward to get an Attorney General's Opinion. Commissioner Scarborough stated the law is quite clear; if there is something wrong with the Special Act, the Legislative Delegation needs to know so it can correct the error; but there are constituents who will read this and start calling their Commissioners to find out what they are going to do; and then there will be a group of people wanting to know if the Board is going to file suit. He stated he would prefer to discuss what is the appropriate thing to do now before the Board gets drawn into this political issue. County Attorney Scott Knox stated his first reaction to the newspaper article was the same as Commissioner O'Brien's, who is the City going to sue because there is no one to sue; the City cannot sue the State for declaratory relief unless there is an agency of the State which administers the Special Act, which is not the case; so the City is not going to be able to sue anybody. He stated the Board is a customer of the Cocoa water system; and it is paying 125% surcharge. Chairman Higgs stated the County is paying the surcharge. Commissioner Ellis stated the County could refuse to pay the 125% and only pay 110%. Chairman Higgs stated the County could sue the City. Mr. Knox stated the Board could demand the City abide by the law. Commissioner Cook inquired if the County can get an injunction or is there some way to make the City comply. He stated the City is compelled to comply with the law until it gets a judgment otherwise. Mr. Knox stated the law is considered constitutional until proven otherwise; the Board would have to make a demand to the City to correct its ways; before the County can sue, it has to give 30 days notice it intends to do so; and then the City can schedule a joint meeting with the Board of County Commissioners to discuss it, if it chooses to do so. Commissioner Scarborough stated he is not only concerned with what the County may be paying for its water bill at Viera, but also the people in Cocoa Beach, Port St. John, etc. He stated the people do not file suit on their own; they come to the Board and ask it to do it; and he would like to have the County Attorney contact the City's Attorney to discuss the matter and report back to the Board. Motion by Commissioner Scarborough, to direct the County Attorney to contact the City Attorney of the City of Cocoa to discuss the matter of the City's compliance with the Special Act capping the rate for the City's water customers outside the City, and report to the Board. Chairman Higgs inquired if the County Attorney should draft a letter formally notifying the City. Commissioner Scarborough stated he would prefer to have the County Attorney talk to the City Attorney first and report to the Board, then the Board can do the formal letter; and he does not want to start a timetable if the Board can get a dialogue started. Commissioner Cook seconded the motion; and suggested the County Attorney report back at the September 19, 1995 meeting. Commissioner Scarborough stated that would be better. Commissioner O'Brien thanked the Commissioners for joining in this. Commissioner Scarborough stated the Commissioners from South Brevard need to understand that if Cocoa is successfully able to ignore the law, there could be ramifications for beach cities. Commissioner O'Brien stated Melbourne could do it too; it is a big topic; and there are 45,000 to 50,000 customers outside the City of Cocoa who are being charged against the law. Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously. DISCUSSION, RE: ALLOCATION OF STAFF RESOURCES AND ENFORCEMENT EFFORT FOR THE LANDSCAPING AND LANDCLEARING ORDINANCES Commissioner Scarborough stated he got a call from his appointee to the Landscape Committee, Gary Nelson, who was concerned about how the Ordinance was being enforced because of changes in it; he met with the County Manger and Code Compliance Director; but there is a lot of concern in the community that some of the staff changes are placing the Ordinance where it is not having any enforcement. Kim Zarillo, 760 Cajeput Circle, Melbourne Village, stated the concern of the Florida Native Plant Society are the same as Commissioner Scarborough mentioned; they are more concerned that the County has sufficient staff to enforce the Landscape and Landclearing Ordinances; and the decrease in staffing for review and expansion makes it difficult to impossible because of the traveling distance within the County. She stated they are not opposed to making the enforcement more efficient; but it went from a staff of four to a staff of two and one-half; and most departments that have administrators distributed in the County have them in north, central and south areas. She stated it is cutting it too short; three staff are borrowed from other duties; there are three half-time positions and one full-time position; and previously it was four full-time staff members. She stated if it was just office work, that would be one thing, but this requires field site visits which take time. She stated they do not want to see a de facto non-regulation of the Ordinances before they are even changed. She stated the changes were brought about before the repeal was even discussed at the Board level, but it was rumored. Margaret Hames, 667 Acacia Avenue, Melbourne Village, expressed the same concerns as Ms. Zarillo. She stated their interest is in efficient working of the Ordinances; and the summary that was produced in July 1995 said the Board would continue to review, consolidate, and eliminate the environmental land regulations as needed. She stated it is scary if the Board is already talking about eliminating them, and decreasing personnel. She stated in looking at the key program outcomes, it says there will be eight landscape plan reviews every day, and there will be nine inspections per day; and those who have done field inspections know that travel time in the County is tremendous. She inquired if the County is sending someone out to do another type of inspection, how much time does that person have to give to the landscape; and stated consultations are required with the applicant; and there would not be sufficient personnel to adequately cover the enforcement of the Ordinance as it exists now. She stated she hopes the Ordinances will not be changed too much. She stated the budget says, "by downgrading a position while still trying to provide the required level of responsive service"; but it does not appear the County would have achieved a required level of responsive service; and she hopes the Board will look at this carefully. David Wise, 12 Forrell Street, Titusville, stated the Comprehensive Plan Directives are specific as to what the County has to do or what it has told the State it will do; they are distinct about what the Office of Natural Resources Management must do; one of them is evaluating the water monitoring program every five years; they are obligated by the Comprehensive Plan to do the landclearing and landscaping site plans and protection of natural resources; and if the Board does away with the Office of Natural Resources Management, the Conservation Element will have to be rewritten. He stated it will be necessary to do text amendments; the changes will have to be sent to the State for review; and if the State does not think the staff is there, it will come back with recourse. He stated the amendments that were adopted in February, 1995 will be reviewed again by the State in two years; and there are stringent restraints calling for staff to be there to do certain things. He stated there are minimums that are spelled out in the Comprehensive Plan; he is a member of the Task Force; and he would hate to see the Task Force and the Board waste time and energy. He stated if the goal is to save money, the outlay for rewriting the Comprehensive Plan will be immense. He stated he attended the Urban Forestry Conference in Tampa; there were representatives from various counties; but no one from Brevard County; and Dade and Broward Counties are in the process of making their Landscape Ordinances more stringent than they were. He stated Dade and Broward Counties have gone down the road that Brevard County is taking and realized it was a mistake; and now they are heading in the other direction. He stated they tried to let their engineers do their landscape inspections, and it turned out to be a nightmare because the engineers did not have the technical knowledge to properly do it. He stated it turned out not to be a time savings; people were being brought up before Code Enforcement because it was not properly inspected; so the County needs to keep staff in place. He stated the Board talks about making decisions that will come back in twenty years to bite it; but this one will not take that long to come back; and the County needs to keep staff in place to properly administer it. Commissioner Cook stated everyone needs to deal in fact, and not in rumors; just because someone says the County is doing something, unless it is an agenda item and the Board votes on it, it is not a fact; the Sierra Club Newsletter had something in it that he never actually said; so sometimes those things get far afield. He stated under Charter, this is something the Board could refer to the County Manager to see if he is comfortable because it is a staff decision. Commissioner Ellis stated the Commission can direct. Commissioner Cook stated he is a little uncomfortable directing staff decisions. Commissioner Scarborough stated all of the Commissioners want to create more efficiency; changes throughout the County are taking place; and it is causing some concern with some groups. He stated he was told there will be continued enforcement with different personnel; and if the Board has some other direction it wants to give staff, there are opportunities for it to do that. He stated at this time the Board has not given staff any instruction to change the Comprehensive Plan; there has not been a report back from the Committee; so all that is occurring is some internal staff downsizing to make things run more efficiently which should not adversely affect enforcement. Code Compliance Director John Sternagel stated that is correct. Commissioner Ellis stated if the Board wants efficiency, then the efficient way to do it is to have people work for the person who gives them direction; four groups of people have been thrown into Natural Resources, monitoring personnel which should be working under Code Enforcement, site plan reviewers which should be under Land Development, Comprehensive Plan authors who should be under Growth Management, and EELS staff which should be under Parks and Recreation; and Natural Resources is a hodgepodge for four groups of people. He stated the site plan reviewers and Comprehensive Plan authors should be reporting directly to Mahmoud Najda and Peggy Busacca because that is who they work for; and Natural Resources is an organization that has been unnaturally formed and farmed out. He recommended Natural Resources be dissolved and the people be sent to work directly for those areas. Chairman Higgs stated it was not set up just to say there is a Natural Resources Division; it was set up to form a functioning group to protect the natural resources; that is their mission; and they are unified in those skills and that task. She stated with regard to the allocation of staff resources to landscaping and landclearing, she was concerned that the Ordinance would not be enforced; when the changes were made, she asked whether it could be done; and staff believed it could be done. She stated Mr. Sternagel is advising today that it can be done; and she is willing to let it proceed. She stated the Board has to do that with all functions; she will continue to monitor and review it; and if it is not working, she will ask the Board to take action, assuming the Ordinances continue to be in place. She stated at this point, the County is trying a new way of doing it; she is willing to support that and let it go forward; and if it does not work, the Board has to make some changes. Commissioner Ellis stated he would like to get some comment back from staff about the process of dissolving Natural Resources and sending the people back to the Departments they work for. Commissioner Scarborough inquired if Commissioner Ellis wants a report; with Commissioner Ellis responding affirmatively. Chairman Higgs stated she will not support the abolishment of the Office of Natural Resources; and she does not see any reason to spend time developing a report on that subject unless there is Board interest. Commissioner Ellis inquired how much time will it take; with Chairman Higgs responding it will take sufficient staff time to do a thorough job; and she is not ready to do that. Commissioner Scarborough stated he wants things to be done; and he does not care what it is called, as long as the job is done. He stated he is committed to landclearing and landscaping; and if the County does it better in a different function, he does not have a problem with it. He stated there are two separate issues at this time; and he does not want it to be subterfuge for eliminating the activity. Chairman Higgs stated the question is whether there is a better way to organize the Department; and it is not talking about doing in the functions. Commissioner Ellis stated that is a completely separate issue; and the functions have to be carried out. Commissioner Cook stated if the intent is to eliminate the Department, it should be an agenda item. Commissioner Ellis stated he needs to have the information; just because the Department may be eliminated, it does not mean it eliminates the functions; and if the functions are a hybrid of four other Departments, they could go back to those Departments. Commissioner Cook stated he is not averse to looking at the functions and how those operate; but since there is some concern with any number of groups, it may be better to put this as an agenda item. Commissioner Scarborough stated there is a study group on landscaping and landclearing; if the Board asks staff to look at this, it may be premature; and suggested getting a report on enforcement now on landscaping and landclearing, and at the same time get the report from the Committee. Chairman Higgs stated it just causes confusion and unnecessary anxiety. Commissioner Ellis stated confusion depends on whose ox is gored. Chairman Higgs stated it will give the impression to people that the Board is ready to do in all the Natural Resources functions; and she does not see support for that. Commissioner Cook stated Chairman Higgs is right; it is unfortunate; it will be characterized that the Board is doing away with Natural Resources; but that is not what the Board is talking about. Chairman Higgs stated if there are better ways to do things, she is willing to look at it; and she is supportive of the new way of doing landscaping until she is shown it does not work. Commissioner Ellis stated Debbie Coles is present with John Sternagel, but Ms. Coles does not work for Mr. Sternagel. Chairman Higgs stated they are two people who are capable and experienced in knowing what was and what is; and that is why they are here. Commissioner Ellis stated the Landscaping and Landclearing Ordinance are land development functions, and should be under Land Development. Commissioner Cook requested Commissioner Ellis develop an agenda item if he wants a report to set the parameters. Commissioner Scarborough stated he does not want to do that at this time. Commissioner Cook stated he is not averse at some point to looking at functions and a better chain of command; but that could be mischaracterized if the Board goes forward with it today. Commissioner Ellis stated no matter what is done, it will be exaggerated and mischaracterized. OPEN PURCHASE ORDER WITH AUCHTER INDUSTRIAL VAC OF FLORIDA, INC., RE: BAFFLE BOX CLEANING SERVICES FOR FY 1996 Chairman Higgs stated the cost of a vacuum truck and personnel are being suggested at $800 which may or may not be a bad price; but the $225,000 which is being asked to be put into an open purchase order is a huge amount of money to be done on a sole source bid; and she cannot support it. She stated if Public Works wants to use those services for the next three months while doing a bid, she could support that; but she cannot support the item. She stated if the County wants to look at buying a truck, that is all right; but she cannot support $225,000 on a sole source allocation. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to deny request for Open Purchase Order with Auchter Industrial Vac of Florida, Inc. for cleaning baffle boxes, inlets and storm drain pipes throughout the County. Chairman Higgs inquired if Commissioner Scarborough will include authorization to use the service for three months while doing a bid; with Commissioner Scarborough responding affirmatively. Commissioner O'Brien stated vacuum trucks, super suckers, and all those types of vehicles get into a very specific area; if the County buys the wrong kind of truck, it will be a piece of junk; and explained what a good super sucker can do. He noted he has also seen bad trucks which could not even lift a drop of water after twelve feet because they were poorly designed and cheap; the County does not want to buy cheap; and the trucks are expensive. Chairman Higgs stated she is not contending it is cheap; but this kind of money has got to be bid. Commissioner Ellis stated $225,000 at $800 a day is 280 days which is roughly every working day of the year; and inquired what would it cost to buy another truck and put an employee on it. Commissioner O'Brien stated the Board is only bidding for the services of Auchter Industrial Vac of Florida, Inc.; $800 is cheap; and generally it is between $125 to $150 per hour. Commissioner Ellis stated there is another cost involved with that because the truck is not in use all the time. Commissioner O'Brien stated then the County would not pay for it. Commissioner Ellis stated if the County is going to have the truck and use it every day for eight hours a day, then it may be more economical to buy a truck and man it. Assistant Public Works Director Ron Jones stated previously the Surface Water Improvement Division looked at purchasing and manning a vehicle; when the fiscal analysis was done, it was found that it would not be fiscally responsible to do that; the needs have grown since then; and they intend to do another analysis, which would come to the Board in the next three or four months. He stated staff has no objection to going out for Request for Proposal; it previously went out and did a survey to find companies that would be interested; and only this company was found locally. He noted all the outside firms from Orlando and the Tampa Bay area which could provide the service were expensive in terms of travel time; but if the Board is uncomfortable with this, he would be happy to go out for RFP; and noted it will be necessary to provide the service for a period of time until the RFP has been awarded. Chairman Higgs inquired if staff wants it to be an RFP instead of a bid; with Mr. Jones responding yes. He requested permission to do a Request for Proposals or to bid the service. Commissioner Ellis inquired what is the cost of one of the vehicles; with Mr. Jones responding between $150,000 and $200,000 for a purchase; this type of equipment is extremely maintenance intensive; and that is a factor which must be considered because of the lifetime costs of providing the service. Commissioner Ellis inquired if it is comparable to some of the trucks the County has now. Mr. Jones stated the trucks that are currently used are not quite the same type; previously the Water Resources Department vehicles had been used for this action, but were found to be inefficient; and the needs had outgrown that of the Water Resources Department. He stated the Water Resources Department could not keep up with its normal business as well as what the Surface Water Improvement Program does. Commissioner Ellis inquired if Water Resources contracts out maintenance on its vehicles; with Water Resources Director Richard Martens responding the maintenance of the vehicles is organized through Central Fleet; those things that Central Fleet can do, they do; but the vehicles are maintenance intensive and require specialized maintenance, so the vacuum pumps and the high pressure jets are contracted out through Central Fleet. Commissioner Ellis stated if the County bought a vehicle for the Surface Water Improvement Program, it could be worked the same way through Central Fleet and contracted out; with Mr. Martens advising it could be done that way, but there may be more economical ways to maintain the specialized equipment. Mr. Jones stated as part of the fiscal analysis, those costs would be weighed. Commissioner Ellis stated the Water Resources Department did the same thing, and made the decision to purchase. Mr. Martens advised Water Resources uses its vehicles eight hours a day as well as after hours and at night. Commissioner Ellis stated this vehicle would also be used the same way. Chairman Higgs called for a vote on the motion to deny the request for Open Purchase Order, authorize staff to conduct a bid or proposal process, and in the interim three months, to contract those services through the identified vendor as well bringing back a cost analysis to the Board. Motion carried and ordered unanimously. EXTENSION OF OPEN PURCHASE ORDER, RE: HOBBS PHARMACY Chairman Higgs stated Hobbs Pharmacy was not bid, but was authorized as a vendor for $25,000 for pharmaceuticals; and inquired how was Hobbs Pharmacy selected; with Chief Dave Rocque responding it was selected on the basis of the vendor support. He advised Hobbs Pharmacy was used previously; it provided excellent vendor support and prompt response on emergency needs; and at the time, Hobbs Pharmacy was the only one that offered the Expired Drug Program. Chairman Higgs inquired if there were no quotes made for that service; with Chief Rocque responding there were no quotes, but he contacted a number of companies to inquire if they could meet the requirements, and at that time, only Hobbs Pharmacy could meet the requirements and offer a competitive price. Chairman Higgs inquired if the other vendor for pharmaceuticals, Atlantic Health, was bid; with Chief Rocque responding he has a faxed quote from Atlantic Health; and Hobbs Pharmacy beat the faxed quote from Atlantic Health. Chairman Higgs inquired if Atlantic Health was given pharmaceuticals and other supplies; with Chief Rocque responding affirmatively. Assistant County Manager Joan Madden advised that was a competitive quote. Chairman Higgs stated drugs are being purchased from Atlantic Health and Hobbs Pharmacy; Atlantic Health was a competitive quote; and the Hobbs Pharmacy has been successful and the County is happy with it. Ms. Madden advised that was done on an Open Purchase Order; and staff has been instructed to get that together for a competitive quote for next year. Chief Rocque stated that has already been done with the Purchasing Division. Chairman Higgs stated between now and the end of the year, that Purchase Order has been exceeded, and it will be necessary to spend more money; with Chief Rocque responding that is correct. Chairman Higgs inquired if it is staff's intention to quote or bid the pharmaceuticals; with Chief Rocque responding whichever will be appropriate depending on the amounts; but based on the past, it will have to go out for competitive bid. Chairman Higgs stated this amount of money needs to be competitive bids; and suggested the Board approve the increase for the $7,500, and direct staff to competitively bid the pharmaceuticals. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize increase of $7,500 to the Hobbs Pharmacy Open Purchase Order; and direct staff to pursue competitive bids for pharmaceuticals next year. Motion carried and ordered unanimously. AUTHORIZE NON-COMPETITIVE SALE, RE: PROPERTY TO MARIE AND MARSHAL PACE Chairman Higgs stated this was sale of 2,300 square feet to Marie and Marshal Pace; by law the County can sell this property because it abuts the County's property and does not abut anyone else's; but it is being sold based on Mr. and Mrs. Pace's appraisal. She stated looking at some of the appraisals the owners had and some that the County had under the Dairy Road projects, there were thousands of dollars difference; and she would prefer to go ahead with this, but with the County securing its own appraisal. She stated she is not comfortable taking the benefitting party's appraisal when sometimes the County appraisals have been very different. Commissioner Cook inquired if Chairman Higgs is suggesting the County obtain its own appraisal; with Commissioner O'Brien responding it will have to. Commissioner Cook inquired if that would cost more than what the County is paying for the property; with Chairman Higgs responding no, the appraisal on a piece of property that size would only be $200 to $300. Commissioner O'Brien stated he would like to move the item with the County's appraisal. Commissioner Ellis inquired if that would be the $1,900; with Commissioner O'Brien responding he wants the County to get an appraisal and renegotiate. Commissioner Cook stated it should not be one of the Deseret appraisals. Water Resources Director Richard Martens stated staff would get an appraisal and bring it back to the Board for further consideration. Commissioner O'Brien stated if the County's appraisal comes in under $5,000, he will include in the motion that staff should proceed at the price that is negotiated; but if the value of the land is over $5,000, staff should come to the Board. Chairman Higgs inquired if the appraisal comes back at under $5,000, is the County going to sell at the Pace's price; with Commissioner O'Brien responding no. Commissioner O'Brien stated the County will get an appraisal; if it is $2,800 not $1,900, the County should ask $2,800 because that is what the property is worth; and it can go ahead and close the deal. Chairman Higgs inquired if the Board has to approve it; with County Attorney Scott Knox advising the Board can authorize it. Commissioner O'Brien stated if the appraisal comes back that the property is worth $7.5 million, it should not be sold, and should come back to the Board. Commissioner Cook stated the appraisals could be averaged. Commissioner Scarborough stated it needs to come back to the Board if the Pace's do not accept the County's price. Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to secure a separate appraisal of the property proposed for sale to Marie and Marshal Pace; authorize staff to negotiate with the Paces for sale at the new appraised price, if the County appraisal is less than $5,000; authorize the Chairman to execute Contract with the Paces for sale of the land; and direct staff to come back to the Board if the appraisal is over $5,000 or the sale cannot be successfully renegotiated. Mr. Martens inquired what if the County's appraisal is less than the Pace's appraisal; with Commissioner O'Brien responding in that case do not tell the County had an appraisal. Chairman Higgs stated it would be a matter of public record; with Mr. Knox advising it would be exempt. Chairman called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough, O'Brien, Higgs and Cook voted aye; and Commissioner Ellis voted nay. AGREEMENTS WITH IBM CORPORATION AND APPROVAL OF MATERIAL REQUISITIONS, RE: PURCHASE OF HARDWARE AND SOFTWARE TO SUPPORT CLIENT/SERVER UNIX COMPUTING Commissioner O'Brien stated he knows the Board approved computer items last month, and more the month before that; and the UNIX server keeps coming back so he assumes another one is being bought. Information Systems Director Jim Deuel advised when the Board made the approval last month, staff was asked to come back to have the contract signed; and that is the only reason this is on the Agenda. Commissioner O'Brien stated he has no problem. Chairman Higgs stated she has problems with the Teubner & Associations Requisition and the Qualstar Corporation cartridge tape devices; she understands there are other vendors for the tape devices; and this is almost $10,000. She stated the Teubner & Associates requisition is $17,500 for emulation software; IBM or Teubner are the two vendors; and the Board needs to get quotes on those two. Mr. Deuel stated he talked to Purchasing about that; and he agrees with Chairman Higgs. He stated he presented it this way so the Board would have the full cost of the installation; that is why it was on the Agenda at this time; but it will be turned over to Purchasing for quote on those two items. Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute the IBM Customer Agreement Supplement for Support Family Services and the IBM Customer Agreement; and direct staff to solicit quotes for the cartridge tape drives and termination emulation software. Motion carried and ordered unanimously. (See page for Agreements.) APPROVAL, RE: REVISION TO COUNTY POLICY BCC-8 Chairman Higgs stated the policy for removal of County property allows the County Manager to approve the removal of County property for items with a current value of less than $250. She stated it is interesting when the Board sees the items to be removed from the County's Inventory; and she does not want the change in the policy. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to deny revision to County Policy BCC-8, Tangible Personal Property. Commissioner O'Brien stated the original argument was the amount of time, effort, paper, paper handling, record keeping, etc. on an item worth $4 or $200 cost more than the item that has been stolen or lost; and the County is throwing good money after bad. He stated if the Board wants to see a list of items that were disposed of or written off in the past six months, the County Manager can E-mail them; but to keep on producing that amount of paperwork for four items is ludicrous. He stated the value of the item is almost negligible compared to the amount of money spent for the Board to approve writing it off the books; and it is a waste of money. Chairman Higgs stated she is still interested in the property that is being misplaced, although she does not think the Board needs nine pages for an item; but this is County property and the Board needs to see why it is being lost. Commissioner O'Brien stated rather than all the forms the Commissioners receive, he would like to direct staff that in the future any item should not take up more than one and one-half inches on a piece of paper, and they should be combined all on one page, back and front. Chairman Higgs stated that is fine. Commissioner Scarborough stated he does not accept that as part of the motion. Commissioner O'Brien suggested it be limited to minimum description only. Commissioner Scarborough accepted the provision that there only be minimum description as part of the motion. Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay. PERMISSION TO BID, AWARD BID TO LOW BIDDER, AND AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT, RE: ROOF REPLACEMENT AT MELBOURNE LIBRARY AND COCOA LIBRARY RIVER HOUSE Chairman Higgs advised her questions regarding the item have been answered. Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize bid and award of contract to low bidder for roof replacement at the Melbourne Library and the Cocoa Library River House; and authorize the Chairman to execute contract with the successful bidder for the service. Motion carried and ordered unanimously. (See pages for Bids, Recommendation, and Contract.) ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING JUNE 30, 1995 Chairman Higgs stated the Golf Course budget indicates the General Fund will not receive $814,000, but it is expected there will be $640,000 less than anticipated; and inquired what will the expenses be and what will it be down by the end of the year. Parks and Recreation Director Charles Nelson stated they are looking at a shortfall of $357,000 by the end of the year; and that was the memorandum that was forwarded to the Commissioners approximately six weeks ago. Chairman Higgs inquired how will the $357,000 be covered. Mr. Nelson stated the memorandum indicates there was a $300,000 Central Fleet reserve that was not going to be budgeted and $57,000 from Parks and Recreation positions that are vacant. Chairman Higgs inquired what is showing on the revenue side on next year's budget; with Mr. Nelson responding next year a budget is being proposed that is slightly higher than this year; but there are so many issues, including the golf cart lease agreements which will be coming to the Board at the next meeting and the proposed maintenance contract, that it is difficult to give final numbers because Board action may change it significantly. Chairman Higgs inquired if staff is planning a budget for next year with the revenues equal to the expenditures; with Mr. Nelson responding each year they do that; sometimes reality jumps up; but the budget does balance in terms of revenues, and the revenue projections that were used historically have been reduced. Commissioner Scarborough stated any number can be put in for golf course revenue; but historically it has come in short; there are enough accounts the Board is wrong on; and a couple of million dollars can be gone in a flash. He stated he would prefer to be conservative and underestimate revenues, and come back at mid-year and say there is more; but what he has is dishonest accounting; and it scares him that revenue is overestimated. He emphasized he wants to be conservative; the County has not had a crisis; and advised of problems experienced by the City of Titusville and the School Board. He noted he and Budget Director Kathy Wall do not necessarily agree on it; as long as everything is okay, everyone is happy; but when everything is not okay, it makes a front page mess. He stated when the Board comes back to do the budget on September 20, 1995, he wants the revenues reduced by another $300,000. Motion by Commissioner Scarborough, to reduce the projected revenues from golf courses by an additional $300,000. Mr. Nelson advised he would have to reduce his operating budget by $300,000. Commissioner Scarborough stated Parks and Recreation could show additional amounts coming from General Revenue. Chairman Higgs inquired if Commissioner Scarborough wants Mr. Nelson to go $300,000 below his current year's budget; with Commissioner Scarborough responding in revenue projected for next year. Commissioner Scarborough stated Parks and Recreation has historically been hundreds of thousands of dollars off; the Board has let it occur; and it is not right. Commissioner Ellis stated a line item would be added for a Fund 10 transfer in, budgeting the General Fund supplement; and that makes total sense. Chairman Higgs stated it does not make sense if the Board said this year it was going to get $2 million, but got $1.5 million; if last year the Board said it was going to get $4 million and got $3; and a trend analysis is needed to see if realistically $300,000 is right. Commissioner Scarborough stated he is concerned about this as well as some other things which he will bring to the Board on September 20, 1995 because he is not happy with the budget. Commissioner Cook stated he has no problem with what Commissioner Scarborough is saying; but suggested having staff come back to the Board with realistic numbers. Mr. Nelson advised they have been in a five-year decline; that is an historic nationwide trend; each year they try to modify the numbers; and it has been brought down; but he will take a look at the numbers and bring back something that will be more in line with what the Board is talking about. Chairman Higgs suggested looking at the revenues. Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to accept the Revenue Monitoring Report for the quarter ending June 30, 1995. Motion carried and ordered unanimously. RESOLUTION, INTERLOCAL AGREEMENT AND DEED WITH CITY OF PALM BAY, RE: DEVELOPMENT, OPERATION AND MAINTENANCE OF CASTAWAYS POINT IN PALM BAY Commissioner O'Brien stated this is a contract between Parks and Recreation and the City of Palm Bay; and the County continues to put itself in a weak position in most of the contracts. He stated in this one, the County is giving the City of Palm Bay the $100,000 in acreage bought under Beach and Riverfront with a six-year contract; and it states at the end of six years, if the City has not finished the park, then under mutual consent, the County gets the park back. He inquired why is the County doing that; stated it does not want the park back; and the County allows itself to be in the position whereby Palm Bay can build 95% of the park and quit, and the County gets it back. He requested the contract be reworded so that only the County has the option to take the park back. Chairman Higgs stated if it gets to six years and the City has not done anything with the park, then the citizens have lost the value of the park. Commissioner Scarborough stated at the County's option, it would get the park back, but it is not automatic. Chairman Higgs stated that is fine if the County can get it back if the City has not done what it was supposed to under the contract. Commissioner O'Brien stated that would happen only if the County demanded it back. Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Agreement and Deed with the City of Palm Bay, for development, operation and maintenance of Castaways Point, with the provision that the County, but not the City, can initiate return of the park at the end of six years, if the City has not satisfied the Agreement. Motion carried and ordered unanimously. (See pages for Resolution No. 95-232, Interlocal Agreement and Deed.) Commissioner O'Brien stated this shows all the places the County is coming up short; and it has never been discussed. He inquired if the Board has been sent a dire warning, but not paid attention to it. He stated he is concerned that the Board may be fluffing this off, and that might be a terrible error; and he wants to be sure this is not a deal where the County is going to end up $4 million or $5 million short. Commissioner Cook stated he hopes the Budget staff does not rely on phone calls from Tallahassee; and the Board needs realistic numbers if it is going to make decisions. Commissioner O'Brien stated the Board was talking about golf courses; he spoke with Ms. Wall or Mr. Managan about refinancing the bond for the Savannahs and then selling the golf course; and he would like the Board to direct staff to allow that to go toward selling the Savannahs. Chairman Higgs stated she is not ready to vote on that until she sees a plan. Commissioner Ellis stated there is a lot of confusion right now. Commissioner Cook stated he would definitely like to see it; he has no problem getting some information on that; and it is something the Board has to look at. Commissioner Ellis inquired why stop at the Savannahs, and how about refinancing the Habitat at Valkaria so it can be leased. He stated clearly it cannot be sold because of the airport; but when he worked with the County Attorney's Office, it could not even be leased out because of bond restrictions; and suggested taking a look at both. Commissioner Cook stated that is fine. Chairman Higgs inquired if it could not be leased; with Commissioner Ellis stated Habitat at Valkaria could not even be leased because if it was leased to a profit-making entity, it would jeopardize the tax-free status. Commissioner Cook stated it does not hurt to get the information. The Board reached consensus to direct staff to provide information on the possibility of refinancing the bonds for the Savannahs at Sykes Creek and the Habitat at Valkaria Golf Courses to allow for their possible sale or lease. WARRANT LISTS

Upon motion and vote, the meeting adjourned at 5:28 p.m.

ATTEST:

SANDY CRAWFORD, CLERK

( S E A L )

NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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