The Board of County Commissioners of Brevard County, Florida, met in regular session on October 7, 1997, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Vice Chairman Helen Voltz, Commissioners Truman Scarborough, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Chairman Randy O'Brien.

The Invocation was given by Pastor Brendan Bagnell, Church at Viera, Viera, Florida.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

REPORT, RE: CHAIRMAN'S CONDITION

Commissioner Cook stated Commissioner O'Brien had surgery yesterday, and is in recovery now. Vice Chairman Voltz stated Commissioner O'Brien's office reports he is doing well.

APPOINTMENT, RE: INTERIM VICE CHAIRMAN

Motion by Commissioner Higgs, seconded by Commissioner Cook, to appoint Commissioner Truman Scarborough as Interim Vice Chairman. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING DISABLED AMERICAN VETERANS FORGET-ME-NOT WEEK

Commissioner Cook read aloud a resolution proclaiming Disabled American Veterans Forget-Me-Not Week.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the week of October 23 through 25, 1997 as American Veterans Forget-Me-Not Week. Motion carried and ordered unanimously.

Commissioner Cook presented the Resolution to Commander DuGoff. Commander Lee DuGoff, representing Space Coast Chapter 123, Disabled American Veterans, expressed appreciation to the Board, and advised of the group's activities.

RESOLUTION, RE: PROCLAIMING NATIONAL 4-H CLUB WEEK

Vice Chairman Voltz introduced 4-H Club members Leslie Ward, Valerie Davis, Debbie Gaugler, and Carie Burkett; and read aloud a resolution proclaiming National 4-H Club Week.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming October 5 through 11, 1997 as National 4-H Club Week. Motion carried and ordered unanimously.

Vice Chairman Voltz presented the Resolution to the representatives of the 4-H Club. The representatives expressed appreciation; and presented a cake to the Board.

RESOLUTION, RE: ECONOMIC DEVELOPMENT INITIATIVES OF CANAVERAL PORT AUTHORITY

Bill Ellis, Director of Public Affairs for Canaveral Port Authority, introduced Chairman Ralph Kennedy.

Ralph Kennedy, Chairman of the Canaveral Port Authority, advised of the impact of Disney Cruise Lines on Port Canaveral and the County; and improvements at the Port being done through revenue generated by the Port rather than from taxes. He stated the Port is the first in the United States to have its own newspaper to promote the Port and businesses in the County. He introduced Canaveral Port Authority Commissioners Ray Sharkey and Rodney Ketcham, and Executive Director Chuck Rowland.

Mr. Ellis advised the container yard will be under construction soon; and a maritime fire training facility is being located at the Port. He advised of Port Canaveral's success as a cruise port since 1981, of the impact of the Disney Magic and the Disney Wonder. He stated the Magic's first sailing will be March 12, 1998; and presented a video showing the Disney mega cruise ships.

Commissioner Scarborough advised of construction at the Port which will benefit the County; and stated the Disney ships have been built specifically for Port Canaveral. He read aloud a resolution supporting Canaveral Port Authority's economic development initiatives.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution supporting Canaveral Port Authority's economic development initiatives. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Mr. Ellis. Mr. Ellis expressed appreciation to the Board for its recognition of the Canaveral Port Authority.

RESOLUTION, RE: PROCLAIMING NATIONAL PHARMACY WEEK

Vice Chairman Voltz read aloud a resolution proclaiming National Pharmacy Week.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming October 19 through 25, 1997 as National Pharmacy Week. Motion carried and ordered unanimously.

Teresa Wells-Tolle, representing Brevard County Pharmaceutical Association, expressed appreciation to the Board for its support of local pharmacists, and presented pens to the Commissioners. Vice Chairman Voltz presented the Resolution to Ms. Wells-Tolle.

RESOLUTION, RE: COMMENDING MARY O'NEAL

Vice Chairman Voltz stated Mary O'Neal has been a lifesaver for the County at the Valkaria Airport; and read aloud a resolution commending Ms. O'Neal.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt a Resolution commending Mary O'Neal for her service to Brevard County. Motion carried and ordered unanimously.

Mary O'Neal expressed appreciation to the Board, Mr. Minneboo, and Mr. Jenkins.

Vice Chairman Voltz presented the Resolution to Ms. O'Neal and a certificate to Peter Wright for his efforts at Valkaria Airport.

Commissioner Higgs thanked Ms. O'Neal and the Road and Bridge crew, on behalf of the citizens of District 3, for their efforts at the Valkaria Airport; and advised of those present in support of Ms. O'Neal.

PRESENTATION, RE: EXCELLENCE IN CONSTRUCTION AWARD FOR HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Chris Norton, Senior Project Manager with Brown & Root Building Company, stated at the March Associated Builders and Contractor's Excellence in Construction competition, Brown & Root received top honors for the Harry T. and Harriette V. Moore Justice Center; and explained how the selection was made. He presented the Excellence in Construction award to the Board.

Vice Chairman Voltz thanked Mr. Norton for the presentation.

County Manager Tom Jenkins recognized former Facilities Construction Director Joseph Vislay who currently works for Brown & Root.

RESOLUTION, RE: PROCLAIMING 1997 COUNTY EMPLOYEES UNITED WAY CAMPAIGN ACTIVITIES

Vice Chairman Voltz read aloud a resolution proclaiming October 9, 1997 as opening day of the Brevard County Employees' United Way Campaign. The Board reached consensus to adopt the Resolution proclaiming October 9, 1997 as opening day of the United Way Campaign.

Water Resources Director Richard Martens advised there is a team of over 50 employee volunteers, and they are looking forward to a successful campaign. Vice Chairman Voltz presented the Resolution to Mr. Martens.

RESOLUTION, RE: RELEASING CONTRACT WITH PULTE HOMES, RE: ISLAND CROSSING, PHASE III

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution releasing Contract with Pulte Homes dated January 14, 1997 for Island Crossing, Phase III. Motion carried and ordered unanimously. RESOLUTION RELEASING CONTRACTS WITH THE VIERA COMPANY, RE: VIERA TRACT G-1, PHASE 1

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution releasing Contracts dated August 2, 1994 with The Viera Company for Viera Tract G-1, Phase I. Motion carried and ordered unanimously.

RESOLUTION RELEASING CONTRACT WITH THE VIERA COMPANY, RE: VIERA TRACT G-2, PHASE III

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution releasing Contract with The Viera Company dated November 26, 1996 for Viera Tract G-2, Phase III. Motion carried and ordered unanimously.

RESOLUTION RELEASING CONTRACT WITH SUNTREE PARTNERS, RE: SPYGLASS HILL ROAD EXTENSION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution releasing Contract with Suntree Partners dated April 16, 1996 for Spyglass Hill Road Extension. Motion carried and ordered unanimously.

RESOLUTION RELEASING CONTRACT WITH SUNTREE PARTNERS, RE: SUNTREE NORTH, PHASE III, MANDARIN LAKES, UNIT II

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution releasing Contract with Suntree Partners dated May 7, 1996 for Suntree North, Phase III, Mandarin Lakes, Unit II. Motion carried and ordered unanimously.

DEDUCTIVE CHANGE ORDER NO. 2 TO AGREEMENT WITH MACH III DESIGN/BUILD, INC., RE: BREVARD COUNTY GOVERNMENT CENTER BUILDING D RENOVATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Deductive Change Order No. 2 with Mach II Design/Build, Inc. for renovations to Building D at the Government Center, reducing the Agreement by $79,637.84 to reflect owner direct purchases. Motion carried and ordered unanimously.

AGREEMENTS WITH KEEP BREVARD BEAUTIFUL, INC., OFFICE OF THE STATE ATTORNEY, 18TH JUDICIAL DISTRICT AND ALTERNATIVE COMMUNITY SERVICES, AND BUDGET CHANGE REQUEST, RE: FY 1997-98 CATEGORY B, BEACH CLEAN-UP GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute FY 1997-98 Category B-Beach Clean-up Grant Agreements with Brevard County Alternative Community Services department for $92,624.50, Keep Brevard Beautiful for $15,000, and the State Attorney's Office for $36,645, for a total of $144,269.50; and approve Budget Change Requests for the transfers. Motion carried and ordered unanimously.

CONTRACT WITH SIPHON SYSTEMS, INC., RE: DRAINAGE IMPROVEMENTS AT HABITAT GOLF COURSE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Contract with Siphon Systems, Inc. for drainage improvements at Habitat Golf Course in the amount of $49,275.83. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: COUNTY-OWNED SURPLUS VEHICLES AND MISCELLANEOUS EQUIPMENT BY PUBLIC AUCTION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal of surplus vehicles and equipment declared uneconomical to repair by the custodians from the County's Inventory; authorize public sale; and grant permission to accept or reject high bids, using experience from previous sales. Motion carried and ordered unanimously.

APPLICATION AND COMMITMENT OF FUNDS FROM SHERIFF'S OFFICE BUDGET, RE: FLORIDA DIVISION OF EMERGENCY MANAGEMENT COMPETITIVE GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Application with Florida Department of Community Affairs, Division of Emergency Management, for supplemental funding to implement a pilot project utilizing mobile data computers in select patrol vehicles; and accept the commitment of approximately $20,845.50 from the FY 1997-98 budget of the Sheriff's Office as a cash match for the Application. Motion carried and ordered unanimously.

REPORT, RE: ARTICLE V COSTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge report from the County Attorney's Office regarding Article V costs and the potential for cost reform. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint/reappoint the following: Rita DuBois, 6305 Capstan Court, Rockledge, and Jenny Gessler, 796 Cavalier Drive East, Indialantic, to the Brevard County Commission on the Status of Women; Jay Barbree, 4240 Randon Lane, Merritt Island, to the Community Based Organization Funding Advisory Board; Molly Mercer, 155 Cristin Street, Merritt Island, and Aaron Cooper, 368 Dorset Drive, Cocoa Beach, to the Parks and Recreation Merritt Island/Beaches Service Sector Advisory Board; and Gigi Henkel, 4977 Bridge Road, Cocoa, to the North Brevard Recreation and Parks Commission. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFER

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

REJECTIONS OF ALL BIDS FOR BID #B-2-7-89, RE: CORTO ROAD COMMUNITY CENTER

John Evans, representing Priority One, Inc., requested the Board accept the bid of Priority One as the lowest responsible bid on the Corto Road facility; and stated staff is recommending the bid be thrown out and rebid due to controversy over a reporting form concerning the Trench Safety Act. He stated it costs Priority One, Inc. $210 to comply with the Act; and the person who protested, who was the third highest bidder, shows that it costs him $260 to comply with the Act. He explained why the disclosure form was not included in the package; and advised seven of the eight bidders did not include the form in their bids. He submitted a letter dated September 10, 1997 showing he sent the form to the County; and stated the question is whether the submittal of the form one or two weeks late is such a variance in the bidding process, that Priority One's bid should be rejected. He went over the various bid figures; stated a letter was included from C&C Site Development, Inc. which advises when Priority One's bid was prepared, and the Trench Safety Act was taken into consideration; and advised the Florida Statute does not provide for a penalty for not complying with the Act. He outlined case law on bidding procedures; the three options and the advantages and disadvantages of each; and urged the Board to accept the bid, finding the failure to submit the form to be a minor variation to the bid process.

Assistant County Attorney Shannon Wilson advised of the bid protest hearing that was held; and stated the Florida Statutes provide that submission of the Trench Safety Act information is mandatory. She stated one bidder submitted the information; it can be argued that the other bidders were confused about the process; and recommended putting all bidders on the same footing by modifying the package, and giving all bidders the correct information to be submitted. She clarified the provision of the Florida Statutes concerning submitting the information. She noted Mr. Evans indicated the County has never utilized the Trench Safety Act form; but it is a standard practice in many departments, although it may be a new issue with respect to Parks and Recreation.

Commissioner Higgs stated the form is required when the bid is for trench excavation; but the bid is for construction of a building which includes a minor portion of excavation; and inquired if that puts it outside the requirements of the law. Ms. Wilson responded the Statute is unclear; but it is in the best interest of the County to interpret it broadly. Commissioner Higgs inquired if every time there is trench excavation, the form should be part of the bid package; with Ms. Wilson responding that is her interpretation.

Vice Chairman Voltz stated it will not put everyone on equal footing because everyone knows what everyone else's bid was; and the County may end up paying more. Ms. Wilson stated it may also have the result of tightening the bid and giving the County a better product; contractors have argued about the cost of rebidding; however, if it is done in a timely fashion those costs can be reduced. Ms. Wilson stated it is the best course to take in order to avoid potential litigation which could delay the project. Vice Chairman Voltz noted either way someone may file a lawsuit; with Ms. Wilson responding that is a possibility. Vice Chairman Voltz stated it is unfair to the person who won the bid to change it. County Attorney Scott Knox stated the Board has to consider that the third low bidder is the only one who submitted the form required by the Statute; and explained why the third low bidder may sue.

Commissioner Higgs inquired about Mr. Evans' opinion that it is not a material defect; with Mr. Knox responding if the Florida Legislature thought it was significant enough to put into the Statute as a mandatory requirement, he does not know how the Board is going to say it is not mandatory. Commissioner Higgs stated there is room for interpretation of the law on whether a contract for a building is a contract for trench excavation and when it applies. Mr. Knox stated the engineer who reviewed the specifications could not say there was no trenching involved; and if the Statute is read literally, the form is required. Commissioner Higgs inquired about legislative intent; with Mr. Knox advising he has not reviewed the intent. Ms. Wilson advised there is no case law interpreting the Statute since it was enacted; and the cases that Mr. Evans cited all pre-date the enactment of the Statute.

Commissioner Cook stated the best way to not get sued is to re-bid; with Mr. Knox advising the Board has that discretion, and there is no way to sue to stop re-bidding the project.

Commissioner Scarborough advised the Board has the ability to reject all bids; and inquired if there is no liability on the Board's part; with Mr. Knox responding not in this case.

Commissioner Cook stated this points out the need to have construction under one department. County Manager Tom Jenkins advised it is being discussed at this time.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reject all bids for Bid #B-2-7-89, Corto Road Community Center, and grant permission to rebid under revised specifications. Motion carried and ordered; Commissioner Voltz voted nay.

The meeting recessed at 9:54 a.m. and reconvened at 10:07 a.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING THE SIGN ORDINANCE

Vice Chairman Voltz called for the public hearing to consider an ordinance amending the Sign Ordinance.

Bob Wille, representing the Homebuilders & Contractors Association, Melbourne Area Association of Realtors and Melbourne/Palm Bay Chamber of Commerce, stated the Board directed various groups and homeowners groups to meet to come to some understanding on how to use signs in the County rights-of-way; and advised of submittal of a letter outlining changes recommended by the LPA as well as a memo from Attorney Christine Lepore regarding discussions with the Suntree Homeowners Association. He endorsed the recommendations.

Commissioner Cook stated what has been recommended is acceptable; and he has no problem including it in the ordinance. He expressed concern about the issuance of citations; and stated he would like it excised.

Vice Chairman Voltz stated she does not support the citations because when someone is given a little bit of power, they end up taking a lot of power, and the people end up suffering. She noted she did support citation power initially; but it could potentially be a problem.

Commissioner Higgs inquired if the Board would be willing to try it for one year. Vice Chairman Voltz stated she would prefer to see how the County does without it for a year; then if it does not work, the Board can grant the citation authority.

Discussion ensued on what will happen if citation power is removed, whether fines would be consistent with a citation, differences between fines under the Code Enforcement process and the court system, limiting penalty, additional burden on courts, change in scope of issue, signage in other counties, and appearance of the County.

Vice Chairman Voltz stated the County has not enforced the existing Sign Ordinance; and once staff inventories the existing signs and follows the current Sign Ordinance, the Board can address the issue in one year.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to delete the citation portion of the ordinance. Motion carried and ordered unanimously.

Commissioner Higgs inquired based on the draft and taking the consensus agreements in the memorandum from the County Attorney, are there any other areas to be amended. Commissioner Cook stated on page 13, it says if a temporary sign is located within five feet of the front of the road frontage on the property line, a temporary sign may be four square-feet and may be four feet in height; and he concurs with that where there is an intersection or ingress and egress. He stated there are many properties which front a roadway with no egress or ingress such as vacant parcels; four feet is smaller than most real estate signs would be to promote selling of the property; and although someone could go back ten feet and get a much larger sign, he does not want to encourage that. He suggested modifying the provision to be a maximum of six feet in height and a ten square-foot maximum. Commissioner Higgs stated she likes it the way it is, and does not want to encourage larger signs within the first few feet of the property line, close to the road. She stated there are other opportunities to have larger signs as they move back; and she is comfortable with it the way it is.

Discussion ensued on sign sizes and heights, hazardous signs, and need for bigger signs when further back on property.

Motion by Commissioner Cook, to modify A on page 13 to provide for a five-foot height restriction, and maximum size of eight square feet within five feet of the property line. Motion died for lack of a second.

Commissioner Cook stated people have told him they will have to have new signs made; and if they are going to have new signs made, they might as well have them 32 square feet.

Commissioner Scarborough inquired if the signs are not grandfathered in; with Commissioner Cook responding he does not think so because they would be new signs on new properties. Attorney Lepore advised the discussion is about temporary signs.

Discussion ensued on sign sizes.

Vice Chairman Voltz inquired about time limitations for signs, particularly election signs; and stated the municipalities require signs to be down within seven days.

Discussion resumed on election sign sizes, signs not in right-of-way, and conforming to municipalities.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to include provision that all election signs will be removed within seven days of election. Motion carried and ordered unanimously.

Commissioner Cook stated the ordinance is making it more difficult for a challenger without name recognition to run a successful campaign. Vice Chairman Voltz stated the County provision conforms to that of the cities. Commissioner Cook stated he is referring to his previous motion; and it will provide an advantage to those with name recognition, but it would make it more difficult for a challenger.

Discussion continued on political signs.

Vice Chairman Voltz stated on page 15 on time limitations, it says no more than six portable sign permits may be issued for a location or particular property within a twelve-month period; advised of provisions in Palm Bay; and stated six is too many.

Motion by Commissioner Scarborough, to limit portable sign permits to two per location within a twelve-month period. Motion died for lack of a second.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to limit portable sign permits to four per location within a twelve-month period. Motion carried and ordered unanimously.

Commissioner Cook expressed concern about waivers going to the County Manager or his designee rather than the Board of Adjustment as they do now.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to delete provision to allow the County Manager or his designee to grant waivers to the Sign Ordinance, and continue with the current process. Motion carried and ordered unanimously.

Vice Chairman Voltz inquired if the Board wants to incorporate the LPA recommendations. Discussion ensued on what is to be incorporated; with consensus reached to include the provisions outlined in Ms. Lepore's memorandum, Mr. Wille's comments, plus the LPA recommendations.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Ordinance of the Brevard County Board of County Commissioners amending Chapter 62, Article IX Signs, Code of Ordinances of Brevard County, Florida; particularly amending Section 62-3302 relating to enforcement; amending Section 62-3307 relating to exemptions from permitting requirement; amending Section 62-3309 relating to prohibited signs; amending Section 62-3316 on-premises signs to include placement in RP zoning; amending Section 62-3317 relating to temporary signs and portable signs; amending Section 62-3319 relating to waivers and appeals; amending Sections 62-211, 62-214, 62-216 and 62-251 relating to the jurisdiction of the Board of Adjustments; amending Table 1 identifying type of signs permitted in each zoning classification; providing severability; providing resolution of conflicting provisions; and providing an effective date, as amended. Motion carried and ordered unanimously.

Commissioner Scarborough recommended staff report back on ideas that are utilized in some of the more aggressive counties to see if there are any ideas the Board would like to look at.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to report to the Board on ideas that are utilized in other more aggressive counties.

Discussion ensued on whether the report should be placed on the Agenda, or sent to each Commissioner, with any Commissioner free to bring it forward. The Board reached consensus to have the report distributed to each Commissioner.

Commissioner Scarborough stated the Board has never heard what some counties have done with signs. Vice Chairman Voltz suggested waiting until the Board is aware of what it has so it can further address specific problems. Commissioner Higgs inquired if Commissioner Scarborough is talking about commercial signs, rather than political signs. Commissioner Scarborough responded he would like to present an idea of where the County wants to go in the future; it has been necessary to clean up some things; but there are other ideas on where to go as a County. Commissioner Cook stated the process has been long and tedious, but if there is a specific area a Commissioner wants to address it can be brought forward as an option.

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

PUBLIC HEARING, RE: RESOLUTION ADOPTING AMENDMENT TO MERRITT ISLAND REDEVELOPMENT PLAN

Vice Chairman Voltz called for the public hearing to consider a resolution adopting amendment to Merritt Island Redevelopment Plan. She advised Commissioner O'Brien requested the item be put on hold until his return.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to continue the public hearing to consider resolution adopting amendment to the Merritt Island Redevelopment Plan to December 9, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: STIPULATION AND ORDER FOR STEVE S. VASZARY V. BOARD OF COUNTY COMMISSIONERS

Vice Chairman Voltz called for the public hearing to consider Stipulation and Order for Steve S. Vaszary v. Board of County Commissioners.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve proposed Settlement Agreement and Stipulated Final Judgment for Case No. 94-10778-CA-D, Vaszary v. Board of County Commissioners, providing the County will pay $240,750 to receive a warranty deed for the Mathers Bridge Restaurant property, the property owner will provide title insurance and documentary stamps, and the County will provide any documentation necessary to the IRS to reflect that the amount between the County's appraised value and the amount paid constitutes a gift. Motion carried and ordered unanimously.

DISCUSSION, RE: AETNA 1999 RENEWAL OFFER NEGOTIATIONS

Human Resources Director Frank Abbate stated what is before the Board is the Aetna renewal offer; Aetna made an offer in August for extension of the current agreement; staff was given direction to improve upon the terms of the offer; and as a result of the negotiations, the Board has options before it. He stated the first option is to continue with the current two-year agreement with Aetna; under that arrangement, there is an 18% cap for the 1998 year on the PPO and 5% increase on the HMO; and if the Board continues with that option, there would be the ability to terminate the agreement after providing 60-days written notice, and it also maintains the ability to go out on an RFP to explore other opportunities at any point. He stated Aetna proposed additional guarantees on its network to the School Board; Aetna is guaranteeing that for the 1998 year if any of the Primary Care Providers under the HMO leave the network due to recontracting, people seeing those providers would continue to be considered in-network by Aetna; however, Aetna did not provide that specific guarantee to the County. He stated under the renewal agreement, the current contract would be extended to 1999 as an option available to the Board; if that occurs, the Board would have the opportunity in March, 1998 to make a decision on whether it wishes to accept the then available network provided by Aetna; and if the Board accepts it, it will receive a 6% rate cap guarantee for both HMO and PPO into the 1999 year. He stated the significant drawback to that would be if the Board was not happy with the network, it would have to wait until June 15, to issue an RFP, and the County would have to pay an additional 6% on the PPO from July 1 to December 31, 1998, resulting in an additional cost of approximately $130,000. He stated the Office of Human Resources, County Attorney, Chapman Schewe and Aetna have negotiated the best arrangement they could, which is before the Board this morning.

Commissioner Cook stated the upside would be a cap of 6%.

Dan Schewe, representing Chapman Schewe, advised of negotiations on the Aetna contract; and recommended the Board accept the two-year offer with close monitoring of performance. He advised of the advantages of the two-year offer; and explained the impact of employee movement to the HMO program. He outlined underwriting considerations and Options A and B; and emphasized the need for monitoring.

Susan Crean, representing Aetna U.S. Healthcare, outlined the two options; and stated there are substantive performance guarantees, especially in the 1998-99 agreement. She explained the access guarantees; stated additional providers have been signed in the HMO, adding 20 doctors to the HMO list; and Titusville Family Practice will not be terminating from the network.

Commissioner Cook inquired if Aetna U.S. Healthcare is giving the same guarantees it gave the School Board; with Ms. Crean responding better guarantees are included in the 1998-99 offer.

Mr. Abbate stated if the Board decides not to accept the 1998-99 contract, Aetna has not advised whether it will give those guarantees. Commissioner Scarborough inquired if the Board does not renew, what would be the guarantees; with Ms. Crean responding it would be the 1998 guarantee which was signed in the Fall, with the recent amendment which includes access to all the main hospitals and a distribution of the doctors by parts of the County. Commissioner Scarborough inquired if that is the same as the School Board's; with Ms. Crean responding the School Board's is different.

Chuck Maxwell stated Commissioner O'Brien is doing well; and advised of his condition. Mr. Maxwell urged the Board not to go beyond the 1998 contract with Aetna; and advised of the status of Aetna stocks and personnel. He stated the merger of Aetna and United Healthcare has major problems which are affecting the customers; and explained the problems with the medical loss ratio, rates, and recontracting. He advised of differences between for-profit and non-profit HMO's, impact of the Central Florida Health Care Coalition, and need for competition.

Commissioner Cook agreed with the need to monitor performance closely; stated the rate guarantee at 6% is attractive; and cautioned if the County does not accept the renewal offer at the cap, rates could skyrocket, which could result in a less beneficial plan for employees. He stated there is an option in March, 1998, if the provider network is bad, to go out for RFP; and the conditions and guarantees in the renewal agreement are stronger than the School Board's. He noted the School Board forces everyone into the HMO, while the County has maintained an option for PPO.

Mr. Abbate advised the School Board only offers the Aetna HMO; but it may offer a PPO with a different company at a higher cost differential.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to accept the Aetna renewal offer as negotiated extending the current Contract through 1999, based on the conditions and close monitoring.

Commissioner Scarborough expressed concern about the pool of doctors, the results of the nationwide survey of HMO's, and the manner in which people are treated in health care. He stated the cost may be minimal when talking about people's health and life; and entering into the renewal would restrict the County on the capacity to fully examine the options.

Discussion ensued on survey of employees, pool of doctors, managed care, performance of Aetna, accelerated costs, and the School Board Agreement.

Commissioner Higgs inquired if there is a time limit on acceptance of the offer; with Mr. Abbate responding open enrollment meetings with employees have begun, and employees will want a level of comfort with the guarantee of the network for 1998. Mr. Abbate advised of the difference in the two options and the impact on the employees; and stated enrollment begins October 20, 1997. Commissioner Higgs inquired if there are assurances on the 1998 network; with Mr. Abbate responding the County does not have the same assurances under the current arrangement that the School Board has. Mr. Abbate stated the assurance the County has is that the network will have no less than the number of primary care providers it had when it entered into the contract in 1996. Commissioner Higgs inquired if the physicians listed in the handbook as of this summer are guaranteed as providers; with Mr. Abbate responding only under the renewal agreement, not under the existing agreement. Commissioner Higgs advised she has supported Aetna in the past; however, she is not ready to enter into an amended agreement for the additional year. She explained why she cannot support the motion.

Commissioner Cook stated with the renewal the County gets additional guarantees including the 6% rate cap; and advised of the possibility of increased costs if the County goes out for RFP.

Vice Chairman Voltz expressed agreement with Commissioner Cook; and inquired if the Board continues with what it has currently, where does that leave it with a renewal. Ms. Crean responded Aetna would like the County to close the contract one way or the other as quickly as possible, but the new network would be provided on March 1, 1998, and the Board would have to make a decision by March 27, 1998. Vice Chairman Voltz inquired if everything will be the same on the agreement until March 1, 1998; with Ms. Crean responding affirmatively. Ms. Crean advised the comfort levels of the County employees are different depending on the Board's decision; but the Board has until March, 1998 to make a decision on the 6%. Vice Chairman Voltz inquired if the Board decides to go with the renewal agreement now, what are the County's options if the Board does not like the provider network on March 1, 1998. Ms. Crean responded the County will have the 1998 agreement which will allow it to go out for RFP, but there are no guarantees for any rate caps.

Mr. Abbate clarified if the Board stays under the current arrangement, there are no guarantees as to 6% or a decision to be made in March, 1998. Vice Chairman Voltz advised she was asking what would happen if the Board went with the renewal now, but did not like the provider network in March. County Manager Tom Jenkins inquired if Ms. Crean is saying the County could decide to extend for a year in March; with Ms. Crean responding affirmatively.

Vice Chairman Voltz stated the Board may wait until March, 1998 to see what the provider network is going to be. Commissioner Higgs stated the Board may know before then how things are working out. Commissioner Scarborough stated his attitude will change if Aetna will come in with an adequate network pool; and he does not want to extend for another year to see what Aetna will do under the current contract.

Discussion ensued on the current contract, extending contract in March, 1998, the 6% cap, level of performance, doctors refusal to be part of network, what is best for the County, lack of guarantees, and seeing what the performance will be in the next few months.

Commissioner Cook withdrew his motion; and Commissioner Voltz withdrew her second.

Vice Chairman Voltz stated the Board will take no action at this time.

DISCUSSION, RE: SMALL AND MEDIUM SIZE CONSTRUCTION COMPANIES CONTRACT ADMINISTRATION

County Manager Tom Jenkins stated several months ago, staff met with small and medium size contractors to examine the County's methods to administer contracts; options to streamline the process were developed; and the options are how to handle releases between general contractors and subcontractors, and the issue of retainage. He advised a staff report on how financial institutions deal with these issues has been provided; and information on bond requirements for small projects has been added to the Agenda Report.

Sylvester Donald, Vice President of Central Brevard NAACP, advised of an EEO Minority Task Force Study done in 1994 which included recommendations to the Board, and stated in 1995 women and minority-owned businesses received less than 1.9% of the $41 million in County projects. Mr. Donald stated many of the recommendations of the Task Force were rejected; and recommended the Board revisit the recommendations, as the problems are ongoing.

Lurline Smith stated she supports the recommendations, including waiver of bonding requirements for selected projects, workshops to educate all participants about State certification, and collection of data to identify the participation of vendors in County projects.

Clarence Rowe, representing the NAACP, expressed support for waiver of bond requirements; but recommended the Board consider the County Attorney's proposal to go to $100,000. He stated the recommendations of the Task Force fell on deaf ears; and recommended revisiting the recommendations of the Task Force. He advised of his inability to get information on the percentage of minorities which received County contracts; stated something should be done to help the poor, blighted community to improve its condition; CDBG funds are insufficient based on the needs; and the County should consider looking for grants to meet the needs of the community. He emphasized the importance of revisiting the Task Force recommendations and implementing a tracking mechanism to show how contracts are being awarded.

Commissioner Cook stated bonding is one of the major obstacles to small businesses having a chance to get a piece of the County business; the standard in the County is the low bidder; and those projects under $100,000 would be the ones that should be considered. He expressed support for the workshops, better outreach, and the recommendations concerning the County Manager. He stated even if the Board looks at the bonding option for one year, it would open it up to more small, minority-owned businesses.

Commissioner Higgs expressed support for revisiting the Task Force recommendations and implementation of a tracking system.

Motion by Commissioner Higgs, to direct the County Manager to implement a system to track the awarding of County contracts.

Commissioner Cook stated the standard is the low bidder; it is a neutral standard; and the only reason to have a tracking system is in preparation for a disparity study which would lead to quotas and set-asides. He stated he is against quotas and set-asides; there is a fair standard in the County; and there needs to be more outreach into the minority and small business community; but if the standard is the lowest and best bidder, it is not necessary to have a tracking system because the County is not discriminating against anyone.

Commissioner Higgs stated a system which acknowledges who is receiving the County's contracts and how those are being awarded provides a standard to understand the County's status. She advised she is not suggesting setting up set-asides or quotas; but the County needs to have real data on how effective the County is in awarding contracts.

Commissioner Scarborough stated Commissioner Higgs' motion is beyond the scope of the package. Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct that the Task Force Report be put on the Agenda as a separate item.

Vice Chairman Voltz stated she is not familiar with the report, and would like to see the outcome of the data. She stated if after seeing the report, any Commissioner wishes to put the issue back on the Agenda, he or she may do that.

Commissioner Cook stated the bonding issue came up at the meeting when the Board was considering the Task Force Report; and the outreach and workshop discussions were a result of the recommendations of the Task Force.

Commissioner Higgs stated there are two sets of recommendations; there is a set of recommendations from the County Attorney; and she wants to see some of those implemented as well.

Commissioner Scarborough stated the County is sensitive to the needs and requirements of the contractors; but the suppliers and subcontractors have rights that are different when there is a government contract. He explained the provisions of a mechanic's lien; stated what is substituted to protect subcontractors, suppliers, and laborers is a bond; and advised of problems with the bonds for the stadium and North Brevard fire stations. He stated the County Attorney's comments are in response to his concerns; there is nothing wrong with admitting the County has a role and responsibility to subcontractors as well as contractors; if a dispute exists, the County can issue a check jointly to the contractor and subcontractor; and there is no reason to disburse funds when there is a known problem. He advised some subcontractors will not do government contracts because the County is difficult to deal with.

Discussion ensued on the County Attorney's recommendations, not doing Mr. Jenkins' recommendations without the County Attorney's recommendations, proof of qualification and debarment, and drafting an ordinance to include staff's recommendations.

Vice Chairman Voltz stated even though the Board will authorize the County Manager to make the final retainage, she would like it to be on the Consent Agenda.

Commissioner Higgs expressed concern about the reduction in retainage. Vice Chairman Voltz expressed concern about the subcontractors not being paid because retainage is held up to a year.

Discussion ensued on contractors failing to complete paperwork, contractors taking first draw, contractors doing several jobs for the County failing to complete smaller jobs, retainage too low, and lack of incentive to complete projects.

Mr. Jenkins stated if there is any punch list or construction work to be done, there should be no reduction of retainage; one of the suggestions under the first release is to include as-builts; the County should not consider releasing any retainage until all of the work is done and it has the as-builts in hand; and the last 5% of retainage would be released when all paperwork is done.

Vice Chairman Voltz stated the language added under A would be, "authority be delegated to the County Manager to reduce retainage from 10% of the project to 5% of the project amount when staff has certified that all of the construction work has been completed and as-builts have been received." Mr. Jenkins stated under this scenario there would be no outstanding change orders or any contractual disputes; and if there are any pending unresolved issues, it would come to the Board for action; but if everything is in order, it will take a couple of weeks off the process.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Task Force recommendations 1A, B, and C and 2A and B, as amended. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to raise the threshold for bond requirements to $100,000 for a one-year trial period.

Commissioner Cook stated dropping the bonding requirements for contracts under $100,000 is the biggest thing the Board can do to encourage small businesses to get in the process, and the Board can readdress it in one year.

Commissioner Scarborough stated his concern for the subcontractors while supporting increasing the threshold may seem inconsistent; but the bond has not been effective in helping the subcontractors. He stated certain projects are better done by smaller groups; and the County may get more and better people involved at lower prices. He stated he is still concerned about incorporating the subcontractor in the dialogue.

Commissioner Higgs stated the County Attorney's language also includes the drafting of a provision that would require notification; and suggested the motion include all of the County Attorney's language in #1 with the higher threshold.

Motion amended by Commissioner Cook, to keep the payment bond requirement for projects at $100,000 or more, and include a clause to be drafted by the County Attorney's Office which will require the contractor to record the bond, provide a copy of the bond to all subcontractors, and notify all subcontractors of deadlines to make claims under the bond, for a one-year trial period.

Commissioner Scarborough stated that does not answer people who do not have the bonds; with County Attorney Scott Knox advising there are three recommendations. Commissioner Cook inquired if the recommendation is in conflict with his motion to eliminate the bond; with Mr. Knox responding no, it only raises the threshold. Commissioner Scarborough accepted the amendment.

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

Motion by Commissioner Higgs, to reinforce the County's prequalification Policy BCC-61 by codification, and add a procedure to debar firms from bidding on County projects temporarily or permanently for specified problems, and to debar sureties for refusal to honor bond commitments.

Vice Chairman Voltz inquired if an ordinance would be necessary; with Mr. Knox responding affirmatively. Mr. Jenkins inquired if the motion includes permission to advertise or does the Board wish to see it first. Commissioner Higgs stated permission to advertise is included in the motion.

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

Vice Chairman Voltz stated the third recommendation would be included in the debarment. Commissioner Higgs stated it would be incorporated in the terms of a contract. Mr. Knox stated it would be contractual, but should be in the procedures as well. Commissioner Cook inquired if this would be advertised as policies rather than ordinances; with Mr. Knox responding affirmatively. Commissioner Higgs stated by adopting recommendation #3, the Board is adopting a policy.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve recommendation #3, to require subcontractor waivers of rights against payment bond only for the previous months pay request and include a contract term which requires that the general contractor inform subcontractors (perhaps with notice of payment to bond) not to execute affidavits of payment unless the subcontractor has been paid.

Commissioner Scarborough inquired if the Board has the authority to issue a check to both the subcontractor and general contractor and let them fight it out in court; with Mr. Knox responding yes, the Board could enact such a policy. Commissioner Higgs stated the motion includes such a policy. Vice Chairman Voltz called for a vote on the motion, as amended. Motion carried and ordered unanimously.

Commissioner Cook inquired why BCC-61 is reinforced by codification, and is the policy enforceable now; with Mr. Knox responding it is enforceable, but if it is in ordinance form, it will be part of every contract. He advised there are certain due process issues the County needs to be concerned about; and this sets forth a clearer picture.

Vice Chairman Voltz inquired about payment procedures; with Commissioner Higgs advising that is wrapped into the three recommendations.

The meeting recessed at 12:06 p.m. and reconvened at 12:50 p.m.

*County Attorney Scott Knox's absence and Assistant County Attorney Shannon Wilson's presence were noted at this time.

REQUEST TO REDUCE CODE BOARD PENALTY, RE: DOREEN PRINCE

Doreen Prince stated the property was reassessed to $6,200; $900 is a month's income for her and her husband; and requested the Board allow a 36-month period to pay off the fine.

Commissioner Higgs inquired if Ms. Prince knew there were liens on the property when she bought it; with Ms. Prince responding yes, but the realtor told her paperwork had already been submitted to waive the liens as long as the property was brought into compliance. Ms. Prince advised the purchase was through the State because the previous owner was taken away through HRS. Commissioner Higgs inquired if Ms. Prince has anything in writing concerning the lien waiver; with Ms. Prince responding no, but she was told the fines in most cases were waived or reduced to the minimum. Ms. Prince outlined her efforts to clean up the property and bring it into compliance.

Commissioner Cook inquired if the property has been brought into compliance; with Ms. Prince responding yes.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve reduction of Code Board penalty to $937 for Doreen Prince on Cases 91-3359 and 93-2836, with payment of penalty to be spread over 36 months with no interest. Motion carried and ordered unanimously.

AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: COST SHARING PROGRAM GRANT FOR STORMWATER MASTER PLAN

Commissioner Cook inquired if staff is still working on the Agreement with St. Johns River Water Management District; with Assistant Public Works Director Ed Washburn responding staff will need approximately four more weeks as it has to be reviewed by the St. Johns River Water Management District attorneys as well as the County Attorney.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to table consideration of Agreement with St. Johns River Water Management District for Cost Sharing Program Grant for the Stormwater Master Plan to allow additional staff time. Motion carried and ordered unanimously.

APPROVAL OF CONDEMNATION OF DRAINAGE EASEMENT BY QUICK TAKE METHOD, RE: COCOA BEACH PUBLIC LIBRARY

County Manager Tom Jenkins stated the City of Cocoa Beach tried to obtain the easement, but was unsuccessful; and recommended taking the six-foot easement rather than the entire 55 feet, as it is the most cost effective way to conclude the project. He advised the funds are available in the project budget.

Vice Chairman Voltz stated the County needs to get the library built. Commissioner Cook inquired if this was factored into the original design of the building; with Mr. Jenkins responding affirmatively. Vice Chairman Voltz inquired if the City has power of eminent domain; with Mr. Jenkins responding it is a County library, so the County would be the appropriate entity to proceed.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the County Attorney's Office to commence eminent domain proceedings using the quick take method for a six-foot water drainage pipe easement required for the Cocoa Beach Public Library; and authorize staff to negotiate with the owner of the postal site for purchase of the property prior to filing a complaint. Motion carried and ordered unanimously.

GRANT FUNDING APPLICATION TO EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE COMPETITIVE GRANT PROGRAM, RE: EXPANSION OF EMERGENCY OPERATIONS CENTER

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Grant Funding Application to Emergency Management Preparedness and Assistance Competitive Grant Program for expansion of the Emergency Operations Center. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DR. CHARLES A. GILLESPIE, RE: ADDING EMUS TO COUNTY'S LIST OF PETS IN RESIDENTIAL ZONING

Dr. Charles Gillespie requested large pet birds, specifically emus, be added to the County's list of pets allowed on residentially-zoned properties. He advised of current and proposed regulations; requested homeowners be allowed to have a pair of emus; and described the birds. He explained why emus are better than dogs as pets.

Discussion ensued on cost and size of emus, which animals are appropriate in residential areas, affecting property values, and fencing for emus.

Planner Tom Myers advised he requested input from veterinarians, but has not received any; and he does not think there will be sufficient information on the variety of animals that was discussed in time to bring the issue to the Board at the October Planning and Zoning meeting. He advised it will be possible to bring the rabbit issue to the Board this month, if the Board desires.

Commissioner Scarborough commented on dealing with animals species specific, nuisance animals, and protecting property values; and requested Dr. Gillespie provide additional information on emus, and staff notify him when the issue comes back to the Board.

Vice Chairman Voltz inquired if any of Dr. Gillespie's neighbors have complained; with Dr. Gillespie responding his neighbor's complaint was that he had a chainlink fence, not an emu.

PERSONAL APPEARANCE - LAURILEE THOMPSON, RE: ECO-HERITAGE TOURISM WORKSHOP

Laurilee Thompson advised for the last six months she has been talking to Commissioner Scarborough and the leaders from the business community, tourism industry, and the environmental community about nature-based tourism prospects; on November 14, 15, and 16, 1997, the Titusville Area Chamber of Commerce, the Merritt Island National Wildlife Refuge, and the Merritt Island Wildlife Association will present the First Annual Space Coast Fly Away Festival; and described planned festival activities. She stated the Space Coast Fly Away Festival will coincide with the Family Funfest at the Enchanted Forest in Titusville; the Funfest is sponsored by Friends of the Enchanted Forest; and described planned activities. She advised all proceeds from the Space Coast Fly Away Festival will be donated to the Merritt Island Wildlife Association for improvements to the Merritt Island National Wildlife Refuge.

Commissioner Scarborough stated the Board should express its desire for the TDC to support this event; the eco-tourism group will be at Viera on November 4 or 5, 1997; and requested the meeting be advertised as a Commission meeting and TDC meeting because several Commissioners and TDC members have expressed desire to attend.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise meeting on November 5, 1997 at Viera for the eco-tourism group as a Commission meeting and TDC meeting. Motion carried and ordered unanimously.

APPROVAL, RE: FY 1997-98 CULTURAL EVENTS MATCHING GRANTS FROM TDC CULTURAL EVENTS CATEGORY OF 5% OF FIRST TWO CENTS OF TOURIST TAX

Vice Chairman Voltz stated the TDC requested approval of award of $58,700 for nine cultural events matching grants; and the grantees are Melbourne Art Festival, Inc., Space Coast Art Festival, Inc., The Henegar Center, Brevard Museum of Art and Science, Valiant Air Command, Brevard Symphony Orchestra, Brevard Community College Foundation, Space Coast Pops, and Honor America.

Richard Ott, representing Melbourne Art Festival, Inc., explained the need for TDC money for advertising; and advised of the financial impact to the County.

Commissioner Higgs stated she has no problem with the listed events; and requested the Board ask the TDC for a summary at the end of the year giving results from each event showing what the advertising dollars are bringing back to the County.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve awarding $58,700 for nine FY 1997-98 Cultural Events matching grants from the Cultural Events Category of 5% of the first two cents of tourist tax; and direct staff to document for the Board at the end of year how the advertising dollars are spent and what they bring to the County. Motion carried and ordered unanimously.

MEMORANDUM OF UNDERSTANDING WITH SPACE COAST SPORTS PROMOTIONS, RE: SPECIAL SPORTS GRANT TO SPACE COAST PROMOTIONS FOR AWARD FEES FOR 1998 FLORIDA LAW ENFORCEMENT GAMES

Commissioner Higgs stated she received information on expenses; and inquired if the definition is included in the contract; with Promotion and Sports Manager Kalina Person responding it is not, but can be added. Commissioner Higgs requested it be included so the Board will know what expenses will be taken out before reimbursement.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Memorandum of Understanding with Space Coast Sports Promotions for sports award fee grant of $20,000, including terms for reimbursement for up to the full fee granted within six months after the 1998 event; approve inclusion of Mr. Buchanan's guarantee of the County's deposit money being refunded in full and the expense definition in the Memorandum of Understanding; and authorize the Chairman to execute the amended document. Motion carried and ordered unanimously.

REPORT, RE: COMMISSIONER O'BRIEN'S CONDITION

Vice Chairman Voltz advised Commissioner O'Brien was taken off the respirator, is sitting up, and is doing well.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 1:26 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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