The Board of County Commissioners of Brevard County, Florida, met in regular session on November 26, 1996, at 9:01 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O?Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Ron Meyr, Viera Lutheran Church.

Commissioner Cook led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve minutes of July 18, 1996 Workshop. Motion carried and ordered unanimously.

REPORT, RE: NUDITY ORDINANCE CHALLENGE

County Attorney Scott Knox advised the Nudity Ordinance was upheld against its first challenge in the Appellate Court.

REPORT, RE: GRANT APPLICATION FOR NATIONAL RECREATIONAL TRAILS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize staff to submit a grant application for National Recreational Trails, Merritt Island Refuge, and advertise a community meeting; and authorize the Chairman to execute appropriate agreements for the grant. Motion carried and ordered unanimously.

APPROVAL, RE: REQUEST FOR TRAVEL

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve travel for the Chairman to go to Washington, D.C., with Senators Bob Graham and Connie Mack, and Congressman Weldon to meet with representatives of NASA to clarify where it is going and redefine KSC more as a research and development facility than it has been historically. Motion carried and ordered unanimously.

REPORT, RE: DISASTER PERFORMANCE

Commissioner Voltz advised she attended the disaster performance at the airport; and inquired if there is a report. County Manager Tom Jenkins advised it was a City exercise, and he will obtain a report.

REVISION, RE: BOARD MEETING SCHEDULE

Chairman O?Brien advised the Tuesday evening meetings conflict with the School Board meetings; and suggested changing the schedule. County Manager Tom Jenkins suggested moving the evening meeting to the third Tuesday of the month.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve revising the Board Meeting Schedule to include daytime meetings on the first, second and fourth Tuesdays of the month and evening meetings on the third Tuesday to avoid conflict with the School Board meetings. Motion carried and ordered unanimously.

APPROVAL, RE: LETTER TO CORPS OF ENGINEERS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize the Chairman to execute letter to the United States Army Corps of Engineers concerning the Brevard County Feasibility Study. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - KEN KROEBER, RE: MARINE LIFE PROTECTION DEVICES

Ken Kroeber, representing Hydro-Shield of Edgewater, gave a presentation demonstrating how propeller shields can save manatees and turtles.

Discussion ensued on additional marine patrol officers, how propeller guards work and save sea grasses, use of Hydro-Shield by the Marine Patrol and in the Everglades, increased penalties for harming a manatee, incentives to use propeller shields, presentation to the Legislative Delegation, manatee deaths resulting from collisions, manatee attraction to noise and vibrations, cost of propeller guards, and use of Hydro-Shield to provide propeller protection and enhance boat performance.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Chairman to make a presentation on manatee protection devices to the Legislative Delegation to determine if there is interest in a State rebate or incentive program for use of manatee protection devices.

Discussion continued on getting a report on both sides of the issue, getting input from people who have assessed various devices, and getting information before going to the Delegation.

Commissioner Cook stated he will include direction to staff to provide data on the pros and cons of prop guard devices to Chairman O?Brien prior to his presentation to the Delegation in the motion.

Chairman O?Brien requested staff seek funding for a County incentive program to save sea grasses and manatees, and report to the Board.

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

CONTRACT WITH PULTE HOMES, INC., RE: INFRASTRUCTURE IMPROVEMENTS IN ISLAND CROSSING, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with Pulte Homes Incorporated for infrastructure improvements in Island Crossing, Phase 2. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS IN VIERA, TRACT G-2, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with The Viera Company for infrastructure improvements in Viera, Tract G-2, Phase 3. Motion carried and ordered unanimously.

CONTRACT WITH PINEDA CROSSING CORPORATION, RE: INFRASTRUCTURE IMPROVEMENTS IN PINEDA CROSSING, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with Pineda Crossing Corporation for infrastructure improvements in Pineda Crossing, Phase 3. Motion carried and ordered unanimously.

AGREEMENT WITH RITA ROLAND, RE: CANAVERAL GROVES, SECTION 20 IMPACT FEE FINANCING

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Rita Roland for impact fee financing on property at 6839 Terri Lee Avenue in Section 20, Township 24 South, Range 35 East. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH ANTON SCHNEIDER, RE: TREASURE LANE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with Anton Schneider for a building permit on Treasure Lane. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: TRANSFER OF NORTH COURTENAY PARKWAY, FROM GRANT ROAD TO KENNEDY SPACE CENTER GATE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Florida Department of Transportation, transferring ownership and maintenance of North Courtenay Parkway, from Grant Road to Kennedy Space Center, to FDOT. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #2 WITH RANGER CONSTRUCTION INDUSTRIES, RE: MALABAR ROAD WIDENING PROJECT, PHASE I

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Chairman to sign Contract Modification #2 with Ranger Construction Industries, increasing amount by $31,079.30 and time by 15 days, for Malabar Road Widening Project, Phase I. Motion carried and ordered unanimously.

EASEMENT TO BELLSOUTH COMMUNICATIONS, INC., RE: BREVARD COUNTY DETENTION CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Easement to BellSouth Telecommunications, Inc. for installation of fiber optic cable to serve the Brevard County Detention Center on Camp Road. Motion carried and ordered unanimously.

AWARD OF QUOTE TO CLEAR DEFENSE, RE: PROTECTIVE WINDOW FILM FOR SATELLITE BEACH AND CENTRAL REFERENCE LIBRARIES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to award Quote for protective film to Clear Defense at $15,208 for the Satellite Beach Library and $20,280 for the Central Brevard Reference Library. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF ARMY, U.S. ENGINEER DISTRICT, RE: PERMIT AND RIGHT-OF-ENTRY FOR PLACEMENT OF METEOROLOGICAL SURVEY NETWORK EQUIPMENT IN ROCKLEDGE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with the Department of Army, U.S. Army Engineer District for permit and right-of-way entry to allow placement of Meteorological Survey Network Equipment in Rockledge Park. Motion carried and ordered unanimously.

AGREEMENT WITH MERRITT ISLAND ROTARY CLUB FOUNDATION, INC., RE: ADDITIONAL DEVELOPMENT OF ROTARY PARK

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with the Merritt Island Rotary Club Foundation, Inc. for additional development of Rotary Park on Merritt Island. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: TENTATIVE BUDGET SUPPLEMENT FOR TROPICAL ELEMENTARY BEFORE AND AFTER SCHOOL PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant tentative approval of a Budget Change Request for $4,344 to amend budgeted positions, as previously approved by the Board, for the fee-supported Tropical Elementary Before and After-school Program. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: TENTATIVE BUDGET SUPPLEMENT FOR FIELD LIGHTING AT FLUTIE ATHLETIC COMPLEX

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Budget Change Requests granting tentative approval of budget supplement of $15,000 transferred from General Fund Contingency to Parks and Recreation South Area Parks Operations, for materials and installation of field lighting at Flutie Athletic Complex. Motion carried and ordered unanimously.

AGREEMENT WITH CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., RE: USE OF STATION 60 FOR AMBULANCE SERVICE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Cape Canaveral Volunteer Fire Department, Inc. to house a rescue unit at Station 60 in Cape Canaveral. Motion carried and ordered unanimously.

APPROVAL TO DONATE TO MICCO VOLUNTEER FIRE DEPARTMENT, RE: 15 KW GENERATOR

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize donation of a 15 KW generator, PR #504-0189, to Micco Volunteer Fire Department, and remove it from the County?s Inventory. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH UNIVERSITY OF SOUTH FLORIDA, CENTER FOR URBAN TRANSPORTATION RESEARCH, AND RESOLUTION ESTABLISHING REVIEW COMMITTEE, RE: FIVE-YEAR TRANSIT DEVELOPMENT PLAN FOR SCAT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Interlocal Agreement with University of South Florida, Center for Urban Transportation Research, and adopt Resolution establishing a Review Committee for the Five-Year Transit Development Plan for Brevard County Space Coast Area Transit (SCAT). Motion carried and ordered unanimously.

RESOLUTION, RE: DISSOLVING REUSE ADVISORY COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution dissolving the Reuse Advisory Committee created by Resolution No. 89-306. Motion carried and ordered unanimously.

AWARD OF BID #B-3-7-20 AND AGREEMENT, RE: TRANSPORTATION OF BODIES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to award low bid of Coastal Health Systems at $102 per body removal; and authorize Chairman to execute the Agreement with Coastal Health Systems at $56,100. Motion carried and ordered unanimously.

PERMISSION TO SOLICIT REQUEST FOR PROPOSALS, RE: COPY MACHINE RENTAL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission for Purchasing Services to solicit requests for proposals for a five-year rental of copy machines; and appoint a Selection Committee consisting of Pat Thomas, Euri Rodriguez, Jim Helmer, Jim Earnest and a representative of the Budget Office, with Roger Donnelly serving as non-voting technical representative. Motion carried and ordered unanimously.

APPROVAL, RE: PUBLIC OFFICIAL BONDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Public Official Bonds for Commissioners Nancy Higgs, Truman Scarborough, and Helen Voltz, Clerk of the Courts

Sandy Crawford, Supervisor of Elections Fred Galey, and County Manager Tom Jenkins. Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT, RE: BREVARD COUNTY VS. DAIRY ROAD, ET AL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize settlement in the amount of $34,200 in payment of all survey fees for thirteen property owners on Dairy Road. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AND SCHEDULE EXECUTIVE SESSION, RE: DAVID A. CESARIO VS. BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize advertising and scheduling an executive session to discuss David A. Cesario vs. Brevard County case. Motion carried and ordered unanimously.

APPROVAL OF MOTION AND STIPULATED ORDER, RE: ATTORNEYS? FEES AND COSTS FOR BREVARD COUNTY VS. JOHN M. BOVIS, ET AL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Motion and Stipulated Order as to attorneys? fees and costs for Brevard County vs. John M. Bovis, et al (Malabar Road) in the amount of $22,252.26. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT AND ACCEPT, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING SEPTEMBER 30, 1996

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to acknowledge receipt and accept the Revenue Monitoring Report for the quarter ending September 30, 1996. Motion carried and ordered unanimously.

APPOINTMENT, RE: CITIZEN ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Brian Hurley, 121 Pelican Drive, Melbourne Beach, to the Parks and Recreation Department South Service Sector Advisory Board replacing Byron Beard. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

PUBLIC HEARING, RE: RESOLUTION VACATING PART OF OLD DIXIE HIGHWAY - ROBERTSON & ASSOCIATES

Chairman O?Brien called for the public hearing to consider a resolution vacating part of Old Dixie Highway as petitioned by Robertson & Associates.

Commissioner Cook inquired about other portions which have been vacated and future use; with staff indicating there is no need for it. Commissioner Cook inquired about notification of property owners and utilities; with staff advising there were no objections received.

There being no other comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner O?Brien, to adopt Resolution vacating part of Old Dixie Highway as petitioned by Robertson & Associates. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE UPDATING SCHEDULE OF IMPROVEMENTS IN CAPITAL IMPROVEMENTS ELEMENT

Chairman O?Brien called for the public hearing to consider an ordinance updating Schedule of Improvements in Capital Improvements Element.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to continue the public hearing to consider an ordinance updating Schedule of Improvements in the Capital Improvements Element to December 17, 1996 Board meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: CAPITAL IMPROVEMENTS PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Cook, to continue consideration of the Capital Improvements Program to the December 17, 1996 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY (PART OF NIMITZ STREET) IN PLAT OF MELBOURNE MANOR, SECTION B - LEO BOURQUE

Chairman O?Brien called for the public hearing to consider a resolution vacating right-of-way (part of Nimitz Street) in Plat of Melbourne Manor, Section B as petitioned by Leo Bourque.

Commissioner Higgs expressed concern about the impact to development patterns in the area; and recommended staff review the potential impact.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing to consider resolution vacating right-of-way (part of Nimitz Street) in Plat of Melbourne Manor, Section B as petitioned by Leo Bourque, to the December 3, 1996 Board meeting. Motion carried and ordered unanimously.

ACKNOWLEDGE TASK FORCE RECOMMENDATIONS, AND GRANT PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING SIGN ORDINANCE

Commissioner Cook expressed concern about the reduction of temporary signs located on private property, including political signs, to four square feet; and suggested it be increased. He expressed opposition to increasing the size or height of billboards.

Discussion ensued about changes to the proposed ordinance, dissemination of information, size of free-standing signs, political signs in rights-of-way, proliferation of political signs, and billboards.

Chairman O?Brien commented on multi-faced billboards, reduction of billboards, landscaping billboards, sign setbacks, and expanded definition of signs. He expressed interest in having A1A between Cape Canaveral and Patrick Air Force Base and S.R. 3 from Cone Road to Mathers Bridge designated scenic highways; and advised of the County Attorney?s legal opinion regarding effects of changes in the Ordinance.

Discussion ensued on each Commissioner presenting his or her ideas, scheduling a workshop, and deferring advertising a public hearing.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table consideration of the Sign Task Force recommendations for amending the Sign Ordinance and permission to advertise a public hearing for 30 days.

Discussion ensued on the procedure to submit ideas and concerns.

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

DISCUSSION AND DIRECTION, RE: EXTENDING WINDSTORM INSURANCE ELIGIBILITY

Chairman O?Brien advised of difficulties in obtaining windstorm insurance for structures within 1,000 feet of the river or ocean.

Commissioner Higgs advised the next step is to document the problem. Assistant to County Manager Peggy Busacca advised of the requirements to hold a public hearing; and suggested staff do additional research to find witnesses. Ms. Busacca advised of the opinions of Barnett Bank, mortgage brokers, and real estate agents; and stated she will be meeting with the mortgage bankers on January 16, 1997.

Discussion ensued on who should be contacted.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct the County Attorney to work with staff to determine if conditions exist within the portion of the barrier island currently ineligible for windstorm insurance to meet the listed criteria and report findings to the Board. Motion carried and ordered unanimously.

REVIEW AND DISCUSSION, RE: DEBT COLLECTION STATUS REPORT

Jack Brown, representing Mid-Am Recovery Services, advised of collection efforts for EMS, Solid Waste and Fire Inspections; and suggested the Board address lack of incentive of billing companies to turn in collections. He advised of the efforts of the Clerk?s Office to put together the collection module, and of the background of Mid-Am Recovery Services.

The Board discussed collection rates in other counties, possible changes to achieve higher collection, and additional information on referring debts for collection.

Mike Buccina, representing Mid-Am Recovery Services, advised it is early to make an assessment of the recovery rate. County Manager Tom Jenkins recommended Mr. Brown and Mr. Buccina provide their suggestions in writing. Commissioner Voltz requested information on the procedures of the other billing company.

Discussion continued on numbers in the report for Brevard Ambulance, percentage of recovery, age of collections, providing collections after fewer days, the contract with the billing company, and why the information was not provided ahead of time.

The meeting recessed at 10:17 a.m. and reconvened at 10:31 a.m.

DISCUSSION, RE: USE OF GRANT FUNDS AWARDED TO THREE PUBLIC LIBRARY PROJECTS

Library Services Director Kathryn Stewart advised the County Attorney indicated the grants can only be used for the project for which they were intended; and the projects must be under a construction contract by May 11, 1997 or the funds could be withdrawn. She outlined how the grant money will be used and the requested actions; and advised staff will insure that each of the libraries is treated equally. County Manager Tom Jenkins advised $400,000 each would be for Cocoa Beach, Eau Gallie, and West Melbourne Public Libraries. Discussion ensued on the necessary Board action, short time frame, and how unspent funding will be allocated.

Cocoa Beach Mayor Joe Morgan recommended a motion to approve the grant money over and above the bond money.

Commissioner Higgs clarified the money was not taken away; and the question was how the unallocated money would be dealt with. Mayor Morgan advised of the grant deadline.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve allocation of $400,000 each in grant money to Cocoa Beach, Eau Gallie, and West Melbourne Public Libraries, with the money to be over and above bond money for the projects; and direct staff to use extraordinary efforts to assure the projects will meet the grant deadlines.

Mayor Morgan inquired if all funding for the libraries will be forthcoming.

Discussion ensued on unappropriated reserves for furniture, cost overruns, impact to all libraries, and commitment to protect other projects from cost overruns. Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

Facilities Construction Director Joseph Vislay requested direction on the architectural agreements. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize staff to negotiate final design fees for additional services; authorize designers to proceed with suggested improvements; and authorize the Chairman to execute Amendment to the design contracts. Motion carried and ordered unanimously.

Discussion ensued on library patronage.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item III.A.17 from the October 15, 1996 meeting, Amendment No. 4 to Agreement with Stottler Starmer & Associates for additional design services for Cocoa Beach Public Library. Motion carried and ordered unanimously.

DISCUSSION, RE: 1997 BREVARD COUNTY LEGISLATIVE PROPOSALS

Chairman O?Brien recommended the Board request the Legislature take action to allow employees to have a second job; and advised he supports Option B.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve inclusion of a request in the 1997 Legislative Proposals to amend Section 112.313(7), F.S. as outlined in Option B to allow the Board to waive an employee?s conflict of interest in order to allow an employee to engage in a second job. Motion carried and ordered unanimously.

AUTHORIZATION, RE: CONVEYANCE OF COUNTY PROPERTY TO BREVARD ALZHEIMER?S FOUNDATION, INC.

Commissioner Cook inquired if Mr. Steckler has a problem with any of the conditions. Joe Steckler, representing the Alzheimer?s Foundation, expressed concern about paying $115,000 for the property. County Manager Tom Jenkins advised the facilities should be relocated at cost to the Alzheimer?s Foundation; but the County will work with the Alzheimer?s Foundation to come up with the most cost effective way of replacing the facility.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution authorizing conveyance of County property to the Brevard Alzheimer?s Foundation, Inc.; and authorize execution of Deed and Agreement with the Foundation conveying the property and outlining the responsibilities for relocating or replacing existing structures on the subject property.

Chairman O?Brien expressed his opinion on giving away public land; but indicated he will support the motion. Commissioner Voltz explained why she does not support giving away public property to private entities; and expressed concern about liability and setting a precedent. Commissioner Cook advised the Alzheimer?s Foundation is a charitable organization which meets a need in the community. Mr. Steckler explained the structure of the Alzheimer?s Foundation, the increased employment base, and the services that will be provided for the people in the County.

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

DISCUSSION, RE: FEES ASSOCIATED WITH APPLICATIONS FOR VESTED RIGHTS DETERMINATIONS

Planner Mel Scott provided a breakdown of costs for a typical vested rights determination; and advised costs can vary widely depending on the facts of the case.

Discussion ensued on basis for waiver of fees, vested rights procedure, properties in non-compliance due to government action, mechanism for automatic waiver of justified vested rights, miscommunication, mechanism requiring those not getting determination of vested rights to pay application fee, number of vested rights determination cases, whether an application fee is needed, how fees would be collected after denials, and setting a $100 flat fee.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize staff to waive fees for vested rights determinations if staff deems the person has vested rights, and if a waiver is denied, the applicant retains the ability to come to the Board to request waiver of fees. Motion carried and ordered; Commissioner Higgs voted nay.

ESCROW AGREEMENT, RE: ST. ANDREWS ISLES SUBDIVISION

Land Development Specialist Gwen Heller outlined the provisions of the Agreement. Commissioner Cook inquired if the Agreement would have impact on the requirements or conditions the applicant volunteered at the time of original approval; with Ms. Heller responding it is in compliance.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize execution of Escrow Agreement with St. Andrews Isle, Inc. guaranteeing improvements in St. Andrews Isle Subdivision.

Commissioner Higgs inquired if there is any requirement that the developer advise purchasers of the proposed Pineda extension; with Ms. Heller responding it is not a stipulation of the approval. Commissioner Cook stated that was addressed in the zoning, and if it was not, it should be part of the Agreement.

Commissioner Cook amended the motion to include provision that the covenant restrictions must include notification concerning the potential Pineda Expressway Extension 1,300 feet to the north of the development; and Commissioner Scarborough accepted the amendment.

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

FINAL PLAT APPROVAL, RE: ST. ANDREWS ISLE SUBDIVISION

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant final plat approval for St. Andrews Isle Subdivision, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF NORTH BREVARD, INC. (SPCA), AND DISCUSSION ON TRANSFERRING THE SHELTER TO SPCA, RE: ANIMAL SHELTER SERVICES

Assistant County Manager Joan Madden provided a history on the issue of transferring the North Brevard Animal Shelter to the Society for the Prevention of Cruelty to Animals; and advised if the Board decides to transfer the property, the SPCA requests a survey and title insurance as part of the transfer, at a cost of $8,000 to $10,000 which is currently not in the budget. She recommended the Agreement be extended through February 28, 1997 or until a new agreement is negotiated and executed, whichever comes first.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize execution of Agreement to Extend Contract with The Society for The Prevention of Cruelty to Animals of North Brevard, Inc. at $3,750 per month, amended to provide that the extension period will end February 28, 1997 or when a new contract is negotiated and executed, whichever date is first.

Discussion ensued on transfer of the property and maintenance costs for the building.

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

Deborah Copeland stated the County approached the SPCA regarding the transfer of the building; and advised of the annual SPCA budget and money spent for building renovation. She outlined problems with the building; stated the goal is to build a new shelter in North Brevard; and expressed reservations about accepting the building.

Discussion ensued on putting the old building up for auction, giving away public property, a reverter clause, increased costs to maintain the building, lease limiting ability to obtain grants, a need to have a place to keep animals in North Brevard, survey costs, list of undeveloped government-owned properties, possible property swaps, need for soccer fields, and list of government properties as part of the Scrub Jay Plan.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of transfer of the North Brevard Animal Shelter to the SPCA to December 17, 1996. Motion carried and ordered unanimously.

RESOLUTION, RE: PROPOSED AMENDMENT TO SUBSECTION 367.171(7), FLORIDA STATUTES, JURISDICTION OVER PRIVATE WATER AND WASTEWATER UTILITY SYSTEMS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution requesting legislation to amend Subsection 267.17(7), Florida Statutes, to prevent the Florida Public Service Commission from taking away from Brevard County and other Florida counties their Chapter 367 jurisdiction over private water and wastewater utility systems.

Discussion ensued on the bureaucracy of the Public Service Commission, need for change, input of local elected officials, and situation in Palm Bay with General Development utilities.

County Attorney Scott Knox explained the current legislation, exemption from the Statute, and legislative clarification. Chairman O?Brien stated the existing regulation provides the County can take back local regulation after ten years; with Mr. Knox advising it has been more than ten years.

Commissioner Voltz inquired if the people understand the County may have to raise the rates; with Commissioner Higgs responding everyone recognizes that a rate case will be brought and someone will have to make a decision. Commissioner Higgs noted there are nine utilities operating within the County.

John Olyslager advised of his successful battle with the Public Service Commission; commented on the PSC?s inability to address some cost issues; and expressed support for local control of rates.

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

Commissioner Higgs requested the County Attorney draft a memo to the Board outlining how the County would go about taking over control of the rate-making responsibility and supervision if the existing law remains as it is.

PARTICIPATION AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: ACQUISITION OF PINE ISLAND PROPERTY

County Manager Tom Jenkins advised Phyllis Woodford sent a letter to the Board expressing support.

Chairman O?Brien advised his office has received many calls in favor but none in opposition.

Len Freeman, representing the St. Johns River Water Management District, advised of the actions of the District to close on the property, the time line involved, and the District?s approval of the acquisition contingent upon agreement by the County to participate. He outlined the provisions of the participation agreement.

EEL Coordinator Dr. Duane DeFreese explained the changes. Commissioner Cook inquired about public access; with Dr. DeFreese advising it is provided for in Section IV.D; and advised of the status of CARL funding.

Merrill Vincent inquired about access to her parents? property which is surrounded by the properties being purchased; and advised of installation of a gate and lock changes without notification. Discussion ensued on the access issue. Ms. Vincent expressed concern about flooding.

B. B. Nelson advised of the implications of removing the property from the tax rolls. He suggested the Board consider working with the Merritt Island National Wildlife Refuge to solve drainage problems.

Chairman O?Brien stated the purchase is being made by St. Johns River Water Management District and the EEL Program.

Diana Milliken advised of access and other problems on her property; and requested a guarantee that she will retain access to her property, and that nothing will be done that will degrade her property. Commissioner Cook noted it is illegal to block a publicly dedicated right-of-way. Mr. Jones advised he will work with the St. Johns River Water Management District to investigate and resolve the access and easement issues.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to amend the Participation Agreement with the St. Johns River Water Management District for acquisition of the Pine Island property in North Merritt Island to stipulate that nothing would authorize any agency to preclude access to properties surrounded by the purchase.

Discussion ensued on the amount to be removed from the tax rolls, the balance between immediate impacts and extended impacts, funding for maintenance fees, clarification of public access, appraised value of the property, request for the St. Johns River Water Management District Board to be an elected board, and review of the purchase by the Selection Committee.

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

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the Chairman to execute Participation Agreement with the St. Johns River Water Management District for acquisition of the Pine Island property in North Merritt Island, as amended; authorize County Finance to issue checks at closing; and authorize staff and the EEL Selection Committee to coordinate development of a management plan for the review and approval of the Board and the St. Johns River Water Management District. Motion carried and ordered unanimously.

The meeting recessed for lunch at 12:25 p.m. and reconvened at 1:03 p.m.

PUBLIC HEARING, RE: ORDINANCE CLARIFYING STATUS AND POWERS OF BAREFOOT BAY RECREATION DISTRICT

Chairman O?Brien called for the public hearing to consider an ordinance clarifying status and powers of Barefoot Bay Recreation District.

Mitch Barlow, Attorney representing the Barefoot Bay Recreation District, advised of the history of the issue including referendum, adoption of Resolution by the Board, and Bond Counsel recommendation to clarify tax free status. He advised of the support of the Barefoot Bay Homeowners Association.

Richard Higgins, Vice Chairman of the Barefoot Bay Citizens Advisory Council, read aloud a statement from the Chairman of the Barefoot Bay Citizens Advisory Council advising the CAC has no objection to the amendment to Ordinance No. 84-05, but objects to the proposed bond debt. He requested the Commission reject the purchase plan, but approve the technical changes proposed for Ordinance No. 84-05.

Thomas Mulhern advised of his actions against Mr. Barlow?s request; voiced his opposition to alcohol consumption; and requested the issue be tabled until he has a response to his complaints.

John R. Smith, Sr. advised the Board of Directors of the Barefoot Bay Homeowners Association supports Mr. Barlow?s request.

Mr. Barlow advised many of the comments made were beyond the purview of the proposed corrective ordinance.

Discussion ensued on who will have access to Barefoot Bay Community facilities, and tax-free status for a private club.

County Attorney Scott Knox advised the Statutes provide that the facilities do not have to be opened to the general public; however, there is case law that bonds cannot be issued unless there is public purpose, which has been interpreted by the Supreme Court to mean the facilities have to be open to the general public. He advised this conflict will be addressed before Judge Silvernail.

Discussion resumed on modification of the existing Ordinance and the function of the bond validation proceedings.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt a Curative Ordinance of the Board of County Commissioners of Brevard County, Florida, amending and clarifying the status and powers of the Barefoot Bay Recreation District under Ordinance No. 84-05 of the County; and providing an effective date. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST PATHOLOGIST, RE: MEDICAL EXAMINER SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Space Coast Pathologists, Inc., for provision of autopsy and other forensic services from December 1, 1996 to April 1, 1997 at $19,391.73 per month. Motion carried and ordered unanimously.

APPROVAL OF REFINANCING AND AUTHORIZATION TO ISSUE COMMERCIAL PAPER, RE: OUTSTANDING RECREATIONAL FACILITIES REVENUE BONDS, SERIES 1976

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the redemption of all outstanding 1976 Recreational Facilities Revenue Bonds (Spessard Holland Golf Complex) on March 1, 1997; and authorize issuance of up to $280,000 of commercial paper to finance the remaining debt outstanding on the golf course. Motion carried and ordered unanimously.

APPROVAL, RE: SIGNATURE OF PAST CHAIRMAN FOR BOARD CHECKS

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the continued use of Commissioner Cook?s signature, as past Board Chairman, for Accounts Payable, Payroll, and other Resolutions, Ordinances or other Board documents approved during the Chairman?s tenure. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ATLANTIC GULF COMMUNITIES, RE: FAY LAKE IN PORT ST. JOHN

County Attorney Scott Knox advised the property seller is attempting to clean up environmental problems on the property; and the engineers are satisfied it complies with the oil disposal levels, but that is not satisfactory to the County. He requested authority to do whatever would be required to protect the County?s interest in going forward with the sale.

Discussion ensued on cancellation of the contract, if necessary, and deadlines that do not coincide with Board meetings.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize staff to take whatever action is required to protect the County?s interest in going forward with the Contract for Sale and Purchase with Atlantic Gulf Communities Corporation for Fay Lake in Port St. John; and table the item to the December 3, 1996 Board meeting.

Commissioner Cook requested further testing to insure the County is not acquiring a property which it will have to clean up. Mr. Knox advised that testing has been ordered. Chairman O?Brien advised of the expense of cleaning up oil contamination.

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

AWARD OF PROPOSAL #P-4-6-34 AND CONTRACT, RE: SECURITY SERVICES FOR GOVERNMENTAL COMPLEXES

Facilities Management Director Hugh Muller outlined solicitation of RFP?s for security for the Governmental Complexes, meetings of the Selection Committee, and the resulting recommendation of award to Wells Fargo. He stated Wells Fargo requested changes in the proposal which staff advises are not appropriate; outlined the requested changes; and recommended award to Securex. He requested permission to extend an existing Purchase Order with the current security service provider, Weiser, until the contract with Securex is finalized.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to award Proposal #P-4-6-34 to Securex for security services at the Government Center, Harry T. and Harriette V. Moore Justice Center, Melbourne Courthouse, Titusville Historic Courthouse, and Government Center Complex North; and approve extension of the existing Purchase Order with Weiser until the Agreement with Securex is finalized.

Commissioner Cook inquired if Wells Fargo has been notified the conditions are not acceptable; with Mr. Muller responding affirmatively.

Commissioner Higgs inquired if the Committee made the recommendation; with Mr. Muller responding the Committee was not reconvened. Commissioner Higgs inquired about problems; with County Attorney Scott Knox indicating he sees no problems.

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

Commissioner Cook advised the developer is including notification regarding the Pineda Extension in the covenants; and inquired if the previous Board action should be modified. County Attorney Scott Knox advised the developer is taking such action voluntarily; and suggested actions which could be taken to give the Board the authority to require the action.

Assistant Code Compliance Director Mahmoud Najda suggested putting the condition in the deed restrictions; and advised the Escrow Agreement is null and void after the construction is completed. Mr. Knox advised the condition which the Board imposed, which was to be included in the Agreement, requires the developer to include the restriction in the covenants and restrictions. Discussion ensued on how the restriction will survive the Agreement.

LIAISON APPOINTMENTS, RE: VARIOUS COMMITTEES

Chairman O?Brien requested the Commissioners submit in writing their Committee preferences at the December 3, 1996 meeting.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 1:37 p.m.

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

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